CITY COMMISSION AGENDA

August 17, 2021 The Honorable City Commission The City of Springfield, Ohio The City Commission will meet in the City Commission Forum at 7:00 PM on Tuesday, August 17, 2021 and can also be viewed live on YouTube.com/GATVSpringfield5.

PUBLIC HEARINGS 197-21 At 6:50 PM, a Public Hearing will be held in the City Hall Forum to consider the vacation of the first alley north of Selma Road from Cypress Street southeast to the first intersecting alley, being approximately 150 feet. 198-21 At 6:55 PM, a Public Hearing will be held in the City Hall Forum to consider the vacation of the first alley east of Eden Avenue from Mulberry Street north to the first intersecting east-west alley. CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES

FIRST READINGS – ORDINANCES The following legislation is being presented for the first time and requires presentation at a second meeting before vote on passage. The City Manager recommends passage on August 31, 2021: 197-21 Vacating the first alley north of Selma Road from Cypress Street southeast to the first intersecting alley, being approximately 150 feet. 198-21 Vacating the first alley east of Eden Avenue from Mulberry Street north to the first intersecting east-west alley. 213-21 Authorizing the City Manager to enter into a Purchase Agreement for Real Estate for the purchase of certain real property located at 811 Burt Street from Roundtree Home Solutions, LLC for an amount not to exceed $300,000.00; and authorizing the City Manager, Law Director and the Director of Finance to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Purchase Agreement and to comply with all relevant local, state and federal legal requirements.

August 17, 2021 Page 2

214-21 Authorizing the City Manager to enter into a Purchase Agreement for Real Estate for the purchase of certain real property located at 2040 South Limestone Street from Neilson Property, LTD for an amount not to exceed $314,500.00; and authorizing the City Manager, Law Director and the Director of Finance to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Purchase Agreement and to comply with all relevant local, state and federal legal requirements. 177-21 Accepting the application for annexation of certain territory containing 72.68 acres, more or less, in Springfield Township and commonly known as the South Burnett/East Leffel Lane Annexation Area to The City of Springfield, Ohio. 215-21 Authorizing the City Manager to enter into a Development Incentive Agreement (Single Family Residential Development) with William L. Wilcox, Jr. to provide for sewer services to real property outside the City limits.

SECOND READINGS – ORDINANCES The City Manager recommends passage of the following legislation, presented for a second time: 199-21 Authorizing the Finance Director to purchase 3,850 tons of rock salt for the 2021-2022 winter season from American Rock Salt Co LLC for an amount not to exceed $240,779.00, through the Ohio Department of Transportation Cooperative Purchasing Program in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code. 200-21 Authorizing the City Manager to enter into a Development Incentive Agreement (Single Family Residential Development) with Alexander Jarred Robinson and Janiece Robinson to provide for sewer services to real property outside the City limits. 155-21 Confirming and approving Change Order No. 2 to the contract between the City and Arcon Builders for the White Box Retail Space Build-Out Project, to increase the contract in an amount not to exceed $21,841.97, for a total amount not to exceed $385,220.97; and authorizing the City Manager to execute said Change Order No. 2. 250-16 Authorizing the City Manager to enter into Amendment D to the Engineering Services Agreement with Black & Veatch Corporation for the Primary Effluent Pumps Replacement Evaluation and Design Project, to increase the contract for an amount not to exceed $574,710.00, for a total amount not to exceed $1,364,840.00; and to extend the completion date to June 1, 2023.

EMERGENCIES - ORDINANCES

The following emergency legislation is being presented for the first time. The City Manager recommends passage upon approval: 155-21A Confirming and approving Change Order No. 3 to the contract between the City and Arcon Builders for the White Box Retail Space Build-Out Project, to increase the contract in an amount not to exceed $21,869.63, for a total amount not to exceed $406,407.14; authorizing the City Manager to execute said Change Order No. 3. 216-21 Authorizing the acceptance of a donation from the Springfield Citizens Police Academy Alumni Association of two (2) new body shields, with a total value of $4,111.94.

August 17, 2021 Page 3

036-21 Authorizing the City Manager to enter into Amendment No. 1 to the contract with Miller’s Property Service, LLC for weed cutting and lot clearing services as needed by the City, to increase the contract in an amount not to exceed $30,000.00 for a total amount not to exceed $80,000.00; confirming and approving related expenditures from August 5, 2021 to the passage of this Ordinance. 217-21 Authorizing the City Manager to enter into a Subrecipient Funding Agreement (ARPA SLFRF Funding for Security Assistance at Emergency Shelters) with Interfaith Hospitality Network, Inc. (“IHN”) to provide funding for security assistance at non-congregate emergency shelters for an amount not to exceed $300,000.00 over a three-year period; authorizing the City Manager, Law Director and the Director of Finance to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Subrecipient Funding Agreement, and to comply with all relevant local, state and federal legal requirements. 217-20 Authorizing the City Manager to enter into Amendment No. 2 to the Subrecipient Funding Agreement with the Clark County Combined Health District to modify the agreement attachments and to extend the period of performance to July 15, 2022. NEW ITEMS ON THE AGENDA REMARKS FROM THE AUDIENCE Respectfully submitted,

Bryan Heck City Manager

AN ORDINANCE NO._________________ Vacating the first alley north of Selma Road from Cypress Street southeast to the first intersecting alley, being approximately 150 feet.

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BE IT ORDAINED by the City Commission of the City of Springfield, Ohio: Section 1. That the first alley north of Selma Road from Cypress Street southeast to the first intersecting alley, being approximately 150 feet, is hereby vacated. Section 2. That the City hereby reserves unto itself all existing easements and rights with respect to any underground pipes or facilities within said right-of-way described in Section 1 hereof. Section 3. As provided in Section 723.08 of the Ohio Revised Code, the rights-of-way and easements of any lot owner in and to said right-of-way shall not be impaired by the vacation thereof. Section 4. That the Clerk of the City Commission shall file a certified copy of this Ordinance and the plat of survey with the County Auditor of Clark County, Ohio for transfer and with the County Recorder of Clark County, Ohio for recording. Section 5. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.

PASSED this ________ day of _______________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION

___________________________________ CLERK OF THE CITY COMMISSION

(Published: Springfield News-Sun ______________________, 2021)

I do hereby certify that the foregoing Ordinance No. _____________ was

duly published in the Springfield News-Sun on __________________________,

2021.

______________________________ CLERK OF THE CITY COMMISSION

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RIGHT OF WAY VACATION

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AN ORDINANCE NO._________________ Vacating the first alley east of Eden Avenue from Mulberry Street north to the first intersecting east-west alley.

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BE IT ORDAINED by the City Commission of the City of Springfield, Ohio: Section 1. That the first alley east of Eden Avenue from Mulberry Street north to the first intersecting east-west alley is hereby vacated. Section 2. That the City hereby reserves unto itself all existing easements and rights with respect to any underground pipes or facilities within said right-of-way described in Section 1 hereof. Section 3. As provided in Section 723.08 of the Ohio Revised Code, the rights-of-way and easements of any lot owner in and to said right-of-way shall not be impaired by the vacation thereof. Section 4. That the Clerk of the City Commission shall file a certified copy of this Ordinance and the plat of survey with the County Auditor of Clark County, Ohio for transfer and with the County Recorder of Clark County, Ohio for recording. Section 5. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.

PASSED this ________ day of _______________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION

___________________________________ CLERK OF THE CITY COMMISSION

(Published: Springfield News-Sun ______________________, 2021)

I do hereby certify that the foregoing Ordinance No. _____________ was

duly published in the Springfield News-Sun on __________________________,

2021.

______________________________ CLERK OF THE CITY COMMISSION

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RIGHT OF WAY VACATION

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Request for Commission Action City of Springfield, Ohio

Item Number:___213-21___ Agenda Date: 8/17/2021 Today's Date: 8/10/2021

Subject: Purchase Agreement for approximately 17.392 acres at 811 Burt Street

Submitted By: Bryan Heck, City Manager

Department: City Manager’s Office Contact: 937-324-7300

Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:

Summary: Request Commission approval for the purchase of approximately 17.392 acres at 811 Burt Street for $300,000. The property is being purchased for the purposes of CSO elimination as well as the construction of a new Fire Station.

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Total Cost:

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into a Purchase Agreement for Real Estate for the purchase of certain real property located at 811 Burt Street from Roundtree Home Solutions, LLC for an amount not to exceed $300,000.00; and authorizing the City Manager, Law Director and the Director of Finance to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Purchase Agreement and to comply with all relevant local, state and federal legal requirements.

...oooOOOooo... WHEREAS, the City wishes to acquire certain real property located at 811 Burt Street, and more fully described in Attachment A to the Purchase Agreement for Real Estate attached to this ordinance for the construction of a new Fire Station and Combined Sewer Overflow elimination; and WHEREAS, this Commission finds that the purchase price of Three Hundred Thousand Dollars ($300,000.00) is a reasonable purchase price for the subject real property; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That this Commission hereby adopts the findings set forth in the recitals to this Ordinance and makes them a part hereof. Section 2. That the Purchase Agreement for Real Estate, in a form substantially similar to the copy attached hereto, to purchase the property located at 811 Burt Street from Roundtree Home Solutions, LLC, for an amount not to exceed $300,000.00, is hereby authorized. Section 3. That the City Manager, Law Director and the Finance Director are authorized to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Purchase Agreement and to comply with all relevant local, state and federal legal requirements.

Section 4. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ________ day of _________________________, A.D., 2021.

__________________________________ ________________________________ PRESIDENT OF THE CITY COMMISSION CLERK OF THE CITY COMMISSION

Purchase Agreement (Real Estate)

This Agreement (the "Agreement") is made on ________________, 2021 (the "Effective Date"),

between The City of Springfield, Ohio ("Buyer"), an Ohio Municipal Corporation and Roundtree Home

Solutions, LLC., an Ohio Domestic Limited Liability Company ("Seller”) and is for the purchase of real

property located in Springfield, Ohio and further described below.

1. Property Description:

a. The Seller owns the following real property consisting of a portion of Clark County, Ohio

parcel number (collectively, the “Property”) 340-07-00028-404-019.

b. The Property consists of a portion of a parcel that has an approximate total of 19.75

acres (See Attachment A).

c. The Property address is 811 Burt St., Springfield, OH 45505 and is further described in

Attachment B, included in this clause as if fully rewritten herein.

2. Purchase Price and Payment:

a. Buyer agrees to pay Seller a sum of Three Hundred Thousand Dollars ($300,000.00) (the

“Purchase Price”) for the Property;

b. The Purchase Price will be paid as follows

i. The Buyer will certify the full Purchase Price to be paid in cash or certified funds

on the date of the closing.

ii. Seller agrees to pay actual settlement costs on behalf of the Buyer. This includes,

but is not limited to, closing costs, settlement fees, environmental assessment,

property appraisal, pre-paid and any other fees allowed by the Buyer in an

amount not to exceed Five-Thousand Dollars ($5,000.00).

3. Closing.

a. The closing of the purchase of the Property will occur on December 11, 2021 at City Title

Agency, 937-324-5154.

b. Buyer and Seller agree to execute all documents required and necessary for the closing

to complete.

c. At the closing, the Seller will convey the Property to the Buyer by quit claim deed subject

to existing easements. Possession of the Property shall be given to Buyer on the date of

the closing.

d. Unless extended by agreement of the parties, the closing for the delivery of Seller's

deed for the Property, payment of the purchase price, and delivery of any other

instruments provided for in this Agreement, shall be held within a reasonable timeframe

as determined by the Parties following the execution of this Agreement at a date, time

and place in Springfield, Ohio, mutually agreeable to Buyer and Seller.

4. Taxes and Assessments.

a. If there are any real property taxes or assessments due or delinquent at the time of the

closing they shall be paid at the closing out of the funds due to Seller.

5. Inspection.

a. Buyer represents that its agents will have inspected the Property to the extent Buyer

deems necessary and appropriate, and will rely solely upon its inspection and

investigation of the Property for all purposes whatsoever, including, but not limited to,

the determination of the condition of the soils, subsurface, drainage, surface and

groundwater quality, and all other physical characteristics; availability and adequacy of

utilities; compliance with governmental laws and regulations; access; encroachments;

hazardous materials or other environmental contamination or hazards; acreage and

other survey matters; and the character and suitability of the Property.

b. There have been no other representations, warranties, guarantees, statements or

information, express or implied, pertaining to the Property, its condition, or any other

matters whatsoever, made to or furnished to Buyer by Seller or any employee or agent

of Seller, except as specifically set forth in this Agreement.

6. Notice.

a. Any notice required or permitted to be given to a party under this Agreement shall be

deemed given if mailed by U.S. certified or registered mail, postage prepaid, addressed

as follows:

To Buyer: The City of Springfield, Ohio c/o City Manager bheck@springfieldohio.gov 76 East High Street Springfield, Ohio 4550

To Seller: Arthur Solomon (Address) Solomonaa11@yahoo.com (Phone)

b. Either party may change its mailing address by written notice to the other party at its

then-current mailing address.

c. The parties may agree to permit for notification via receipt-confirmed email at the email

addresses listed above.

7. Environmental Conditions.

a. Buyer shall have the right, and Seller shall permit Buyer access to the Property as

reasonably necessary to obtain a Phase I Environmental Assessment as well as any

additional environmental reports regarding the soils, ground water, topography,

geology and other conditions of the Property, together with reliance on letters of

preparers of such reports as may be required by Buyer (‘Environmental Reports”).

b. If the Environmental Reports reveal any environmental matters adversely affecting the

Property (the “Environmental Conditions”), Buyer may notify Seller of such

Environmental Conditions (the “Environmental Notice”).

c. Upon receipt of an Environmental Notice, Seller shall have the right, but not the

obligation to, cure any disapproved Environmental Conditions. If the Environmental

Condition is not cured to Buyer’s reasonable satisfaction within the Contingency Period,

Buyer shall have the right to terminate this Contract

8. Survey.

Buyer shall have the right, and Seller shall permit Buyer access to the Property as

reasonably necessary to obtain a property survey. Lot to be split at Buyer’s expense.

See Attachment 1. Southeast corner of the property to be left to current owner.

9. Assignment.

This Agreement shall be not be assignable by either of the parties hereto without the

written consent of the other party.

10. Property Maintenance.

a. Until physical possession is delivered to the Buyer, Seller shall continue to maintain the

Property including the grounds and improvements, in good condition.

b. If, prior to closing, real estate is damaged or destroyed by fire or other casualty and the

Real Estate is not repaired or restored by and at the Seller’s expense, to the condition it

was prior to the damage, Buyer may terminate this Agreement.

c. Upon closing, Buyer shall be responsible for any risk of loss and for insurance for the

Property.

11. Seller Covenants

a. Information. Seller covenants that they have no knowledge of any undisclosed

information affecting the Property that has or would have a material adverse impact on

the Buyer’s ability to use, lease and operate the Property.

b. Legal Compliance. Seller covenants that they have no knowledge of any past or

continuing violation or alleged violation of any legal requirements affecting the

Property.

c. Litigation. Seller covenants that they have no knowledge of any litigation currently

pending or threatened affecting the Property.

d. Other Agreements. Seller covenants that there are no agreements or understandings,

oral or written, with any other entity, or governmental authority affecting the Property

would could give rise to conflicting claims to the Property.

e. Liens and Debts. Seller covenants that it is unaware of any undisclosed liens or debts

currently existing on the Property that would affect the Property’s conveyance.

f. Government Actions. Seller covenants that it has no knowledge of any threatened or

pending condemnation of eminent domain proceeding, special assessment, rezoning,

moratorium or deed restrictions affecting the Property.

g. Authorization to Convey. Seller covenants that it has the legal authority to bind Seller to

this Agreement and to convey the Property to the Buyer.

12. Additional Clauses.

a. Severability. In the event that any word, phrase, clause, sentence or other provision of

this Agreement shall violate any applicable statute, ordinance, regulation or rule of law

in any jurisdiction in which it is used, such provision shall be ineffective to the extent of

such violation without invalidating any other provision of this Agreement

b. Jurisdiction. This Agreement shall be governed by the Laws of the State of Ohio.

c. Headings. All headings and titles are for the convenience of the parties of this

Agreement and shall not be considered a part of this Agreement.

d. Exhibits. All Exhibits to this Agreement are incorporated by reference herein.

e. Entire Agreement. This Agreement constitutes the entire Agreement

f. Electronic Signatures/Counterparts. This Agreement may be executed in counterparts,

with each counterpart

By signing below, the Parties to this Agreement shall be bound to its terms and conditions.

APPROVED AS TO FORM AND CORRECTNESS: ___________________ Assistant Law Director

The City of Springfield, Ohio By:_____________________________ Bryan Heck, City Manager

Roundtree Home Solutions, LLC. By:_____________________________

Attachment A

Attachment B

Survey pending.

Request for Commission Action City of Springfield, Ohio

Item Number:___214-21___ Agenda Date: 8/17/2021 Today's Date: 8/10/2021

Subject: Purchase Agreement for approximately 0.651 acres at 2040 S Limestone Street

Submitted By: Bryan Heck, City Manager

Department: City Manager’s Office Contact: 937-324-7300

Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:

Summary: Request Commission approval for the purchase of approximately 0.651 acres at 2040 S Limestone Street for $314,500. The property is being purchased for the construction of a new Fire Station.

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Total Cost:

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into a Purchase Agreement for Real Estate for the purchase of certain real property located at 2040 South Limestone Street from Neilson Property, LTD for an amount not to exceed $314,500.00; and authorizing the City Manager, Law Director and the Director of Finance to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Purchase Agreement and to comply with all relevant local, state and federal legal requirements.

...oooOOOooo... WHEREAS, the City wishes to acquire certain real property located at 2040 South Limestone Street, and more fully described in Attachment A to the Purchase Agreement for Real Estate attached to this ordinance for the construction of a new Fire Station; and WHEREAS, this Commission finds that the purchase price of Three Hundred Fourteen Thousand Five Hundred Dollars ($314,500.00) is a reasonable purchase price for the subject real property; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That this Commission hereby adopts the findings set forth in the recitals to this Ordinance and makes them a part hereof. Section 2. That the Purchase Agreement for Real Estate, in a form substantially similar to the copy attached hereto, to purchase the property located at 2040 South Limestone Street from Neilson Property, LTD, for an amount not to exceed $314,500.00, is hereby authorized. Section 3. That the City Manager, Law Director and the Finance Director are authorized to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Purchase Agreement and to comply with all relevant local, state and federal legal requirements.

Section 4. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ________ day of _________________________, A.D., 2021.

__________________________________ ________________________________ PRESIDENT OF THE CITY COMMISSION CLERK OF THE CITY COMMISSION

Purchase Agreement (Real Estate)

This Agreement (the "Agreement") is made on ________________, 2021 (the "Effective Date"),

between The City of Springfield, Ohio ("Buyer"), an Ohio Municipal Corporation and Neilson Property,

LTD, an Ohio Domestic Limited Liability Company ("Seller”) and is for the purchase of real property

located in Springfield, Ohio and further described below.

1. Property Description:

a. The Seller owns the following real property consisting of Clark County, Ohio parcel

numbers (collectively, the “Property”)

i. 340-07-00033-410-007;

ii. 340-07-00033-410-008;

iii. 340-07-00033-410-009;

iv. 340-07-00033-410-010.

b. The Property consists of an approximate total of 0.644 acres.

c. The Property address is 2040 S Limestone St., Springfield, OH 45505 and is further

described in Attachment A, included in this clause as if fully rewritten herein.

2. Purchase Price and Payment:

a. Buyer agrees to pay Seller a sum of Three Hundred Fourteen Thousand Five Hundred

Dollars ($314,500.00) (the “Purchase Price”) for the Property;

b. The Purchase Price will be paid as follows

i. The Buyer will certify the full Purchase Price to be paid in cash or certified funds

on the date of the closing.

ii. Seller agrees to pay actual settlement costs on behalf of the Buyer. This includes,

but is not limited to, closing costs, settlement fees, environmental assessment,

property appraisal, pre-paid and any other fees allowed by the Buyer in an

amount not to exceed Five-Thousand Dollars ($5,000.00).

3. Closing.

a. The closing of the purchase of the Property will occur on _________________________

at ____________________________.

b. Buyer and Seller agree to execute all documents required and necessary for the closing

to complete.

c. At the closing, the Seller will convey the Property to the Buyer by quit claim deed subject

to existing easements. Possession of the Property shall be given to Buyer on the date of

the closing.

d. Unless extended by agreement of the parties, the closing for the delivery of Seller's

deed for the Property, payment of the purchase price, and delivery of any other

instruments provided for in this Agreement, shall be held within 90 days of the

execution of this Agreement at a date, time and place in Springfield, Ohio, mutually

agreeable to Buyer and Seller.

4. Taxes and Assessments.

If there are any real property taxes or assessments due or delinquent at the time of the

closing, they shall be paid at the closing out of the funds due to Seller.

5. Inspection.

a. Buyer represents that its agents will have inspected the Property to the extent Buyer

deems necessary and appropriate, and will rely solely upon its inspection and

investigation of the Property for all purposes whatsoever, including, but not limited to,

the determination of the condition of the soils, subsurface, drainage, surface and

groundwater quality, and all other physical characteristics; availability and adequacy of

utilities; compliance with governmental laws and regulations; access; encroachments;

hazardous materials or other environmental contamination or hazards; acreage and

other survey matters; and the character and suitability of the Property.

b. There have been no other representations, warranties, guarantees, statements or

information, express or implied, pertaining to the Property, its condition, or any other

matters whatsoever, made to or furnished to Buyer by Seller or any employee or agent

of Seller, except as specifically set forth in this Agreement.

6. Notice.

a. Any notice required or permitted to be given to a party under this Agreement shall be

deemed given if mailed by U.S. certified or registered mail, postage prepaid, addressed

as follows:

To Buyer: The City of Springfield, Ohio c/o City Manager bheck@springfieldohio.gov 76 East High Street Springfield, Ohio 4550

To Seller: Eric Stock (Address) EricS@sgroup.net (Phone)

b. Either party may change its mailing address by written notice to the other party at its

then-current mailing address.

c. The parties may agree to permit for notification via receipt-confirmed email at the email

addresses listed above.

7. Environmental Conditions.

a. Buyer shall have the right, and Seller shall permit Buyer access to the Property as

reasonably necessary, to, if deemed necessary, obtain any environmental reports

regarding the soils, ground water, topography, geology and other conditions of the

Property, together with reliance on letters of preparers of such reports as may be

required by Buyer (‘Environmental Reports”).

b. If the Environmental Reports reveal any environmental matters adversely affecting the

Property (the “Environmental Conditions”), Buyer may notify Seller of such

Environmental Conditions (the “Environmental Notice”).

c. Upon receipt of an Environmental Notice, Seller shall have the right, but not the obligation

to, cure any disapproved Environmental Conditions. If the Environmental Condition is not

cured to Buyer’s reasonable satisfaction within the Contingency Period, Buyer shall have

the right to terminate this Contract

8. Assignment.

This Agreement shall be not be assignable by either of the parties hereto without the

written consent of the other party.

9. Property Maintenance.

a. Until physical possession is delivered to the Buyer, Seller shall continue to maintain the

Property including the grounds and improvements, in good condition.

b. If, prior to closing, the real property or residue is damaged or destroyed by fire or other

casualty and the Real Estate is not repaired or restored by and at the Seller’s expense, to

the condition it was prior to the damage, Buyer may terminate this Agreement.

c. Upon closing, Buyer shall be responsible for any risk of loss and for insurance for the

Property.

10. Seller Covenants

a. Information. Seller covenants that they have no knowledge of any undisclosed

information affecting the Property that has or would have a material adverse impact on

the Buyer’s ability to use, lease and operate the Property.

b. Legal Compliance. Seller covenants that they have no knowledge of any past or

continuing violation or alleged violation of any legal requirements affecting the

Property.

c. Litigation. Seller covenants that they have no knowledge of any litigation currently

pending or threatened affecting the Property.

d. Other Agreements. Seller covenants that there are no agreements or understandings,

oral or written, with any other entity, or governmental authority affecting the Property

would give rise to conflicting claims to the Property.

e. Liens and Debts. Seller covenants that it is unaware of any undisclosed liens or debts

currently existing on the Property that would affect the Property’s conveyance.

f. Government Actions. Seller covenants that it has no knowledge of any threatened or

pending condemnation of eminent domain proceeding, special assessment, rezoning,

moratorium or deed restrictions affecting the Property.

g. Authorization to Convey. Seller covenants that it has the legal authority to bind Seller to

this Agreement and to convey the Property to the Buyer.

11. Additional Clauses.

a. Severability. In the event that any word, phrase, clause, sentence or other provision of

this Agreement shall violate any applicable statute, ordinance, regulation or rule of law

in any jurisdiction in which it is used, such provision shall be ineffective to the extent of

such violation without invalidating any other provision of this Agreement

b. Jurisdiction. This Agreement shall be governed by the Laws of the State of Ohio.

c. Headings. All headings and titles are for the convenience of the parties of this

Agreement and shall not be considered a part of this Agreement.

d. Exhibits. All Exhibits to this Agreement are incorporated by reference herein.

e. Entire Agreement. This Agreement constitutes the entire Agreement

f. Electronic Signatures/Counterparts. This Agreement may be executed in counterparts,

with each counterpart

(Signatures to follow)

By signing below, the Parties to this Agreement shall be bound to its terms and conditions. APPROVED AS TO FORM AND CORRECTNESS: ___________________ Assistant Law Director

The City of Springfield, Ohio By:_____________________________ Bryan Heck, City Manager

Neilson Property, Ltd. By:_____________________________

Attachment A

Request for Commission Action City of Springfield, Ohio

Item Number:___177-21 __ Agenda Date: August 17, 2021 Today's Date: August 10, 2021

Subject: South Burnett/East Leffel Lane Annexation Area – 72.680 acres, Springfield Township, CEDA Expedited Type 1

Submitted By: Jill Pierce, City Clerk

Department: City Clerk’s Office Contact:

Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:

Summary: The petition for annexation of 72.680 acres of land, more or less, located in Springfield Township, Clark County, Ohio, was held by the Clerk for 60 days following approval by the Clark County Board of Commissioners as required by the statutes of the State of Ohio and is being presented to you at this time for action thereon. The petition was filed by Ryan Reed of DDC Management, LLC, agent for Greater First Baptist Church, Inc. and Cappelli Shopping Center Co. aka Cappelli Shopping Center and aka Cappelli Investments.

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Total Cost:

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO._________________

Accepting the application for annexation of certain territory containing 72.68 acres, more or less, in Springfield Township and commonly known as the South Burnett/East Leffel Lane Annexation Area to The City of Springfield, Ohio.

...oooOOOooo...

WHEREAS, a petition for the annexation of certain territory in Springfield Township was duly filed by Ryan Reed of DDC Management, LLC, agent for Greater First Baptist Church, Inc. and Cappelli Shopping Center Co. aka Cappelli Shopping Center and aka Cappelli Investments; and

WHEREAS, on May 26, 2021, the Board of County Commissioners of Clark County, Ohio, approved the annexation of the territory to The City of Springfield, Ohio, as hereinafter described; and

WHEREAS, the Board of County Commissioners of Clark County, Ohio, certified the transcript of the proceedings in connection with the annexation with the map and petition required in connection therewith to the City Clerk who received the same on June 7, 2021; and

WHEREAS, sixty (60) days from the date of filing have now lapsed in accordance with the provisions of Ohio Revised Code Section 709.04; NOW, THEREFORE:

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio

Section 1. That the proposed annexation as applied for in the petition of Greater First Baptist Church, Inc. and Cappelli Shopping Center Co. aka Cappelli Shopping Center and aka Cappelli Investments, and filed with the Board of County Commissioners of Clark County, Ohio, praying for annexation to The City of Springfield, Ohio, of certain territory adjacent thereto as hereinafter described, and which petition was approved for annexation to The City of Springfield, Ohio by the Board of County Commissioners on May 26, 2021, is hereby accepted. The territory is described in “Exhibit A” attached hereto and made a part hereof.

The certified transcript of the proceedings for annexation with an accurate map of the territory, together with the petition for its annexation, and other papers relating to the proceedings thereto of the County Commissioners are on file with the City Clerk and have been for more than sixty (60) days.

Section 2. That the City Clerk is hereby authorized and directed to make three (3) copies of this Ordinance to each of which shall be attached a copy of the map relating to the annexation proceeding, a copy of the transcript of proceedings of the Board of County Commissioners relating thereto and a certificate as to the correctness thereof. The City Clerk shall then forthwith deliver one copy to the County Auditor, one copy to the County Recorder and one copy to the Secretary of State and shall file notice of this annexation with the Board of Elections within thirty (30) days after it becomes effective, and the Clerk shall do all of the things required by law. Section 3. In accordance with Section 1175.01 of the City's Codified Ordinances, the adjacent RS-5, Low Density, Single-Family Residence District zoning classification and the Residential Sign District classification shall be assigned to the above-described annexation area, administered, and enforced by the Director of Community Development or her authorized representative on the date the annexation becomes effective. Further, the provisions of Chapter 1127 "Flood Plain Overlay District" shall also become effective and enforceable within the above-described annexation territory on the date the annexation becomes effective. Section 4. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this __________ day of _______________________, A.D., 2021. ______________________________________ PRESIDENT OF THE CITY COMMISSION ______________________________________

CLERK OF THE CITY COMMISSION

(Published: Springfield News-Sun ______________________, 2021) I do hereby certify that the foregoing Ordinance No. ___________ was duly

published in the Springfield News-Sun on ______________________________,

2021.

__________________________________ CLERK OF THE CITY COMMISSION

Page 2 of 2

Sub1ect to all covenants. restrictions, reservations and easements contained in any instrument of record penaining to the above described tract of land.

This description is for annexation purposes only and is not a recordable document for transfer of title.

Basis of bearings - U.S. State Plane, NAD83 Ohio South Zone (3402). Scaled to ground at a LAT. N39.53'33.27062", LONG. W84.46' 29.68543" at a project height of 924.491 feet and a scale factor of 1.00006902336718.

All iron pins called as set are 5/8" x 30" rebar with yellow cap stamped "CESO".

CESO�

CESO, Inc.

Michael J. Wilson. PS Registered Surveyor No. 8281

Date

758619 Description STB.docx 4/21/2021

Request for Commission Action City of Springfield, Ohio

Item Number:___215-21___ Agenda Date: 8/17/2021 Today's Date: 8/4/2021

Subject: Approve a Development Incentive Agreement (DIA) with William L. Wilcox, Jr.

Submitted By: Chris Moore

Department: Service Contact: Brian Hines 525-5800

Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:

Summary: Respectfully request City Commission authorization to approve the execution of a Development Incentive Agreement (DIA) with William L. Wilcox, Jr. for sewer service to his existing residential property located in German Township at 2200 Troy Rd (parcel# 050-02-00013-301-007).

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Total Cost: 0.00

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into a Development Incentive Agreement (Single Family Residential Development) with William L. Wilcox, Jr. to provide for sewer services to real property outside the City limits.

...oooOOOooo... WHEREAS, William L. Wilcox, Jr. owns certain real property which is currently located outside the City limits; and

WHEREAS, William L. Wilcox, Jr. desires the privilege of obtaining sewer services from the City; NOW, THEREFORE:

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio:

Section 1. That the City Manager is hereby authorized to enter into a Development Incentive Agreement (Single Family Residential Development), a copy of which is attached hereto, with William L. Wilcox, Jr. to provide for sewer services to real property outside the City limits. Section 2. That because the Development Incentive Agreement authorized by this ordinance constitutes a covenant running with the land, the City Manager is hereby authorized to execute such agreements and documents the City Manager deems necessary to document that the terms of this Development Incentive Agreement remain in effect upon change in the ownership of the property described in the Development Incentive Agreement. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ________ day of _________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION

Rev. (2019) 1

DEVELOPMENT INCENTIVE AGREEMENT

(Single Family Residential Development)

THIS AGREEMENT entered into this _______ day of _______________, 2021,

by and among THE CITY OF SPRINGFIELD, OHIO (“City”) whose mailing address is

76 East High Street, Springfield, Ohio 45502 and WILLIAM L. WILCOX, JR. (“Owner”) whose mailing address is 2200 Troy Road, Springfield, OH 45504.

WITNESSETH:

WHEREAS, Owner wishes to use and/or develop certain real property, described in

“Exhibit A” attached hereto and incorporated herein by reference (hereinafter called

premises), for residential purposes only; and

WHEREAS, the premises is currently located outside the City's corporation limits;

and,

WHEREAS, Owner desires the privilege of obtaining sewer services from City.

NOW, THEREFORE, in consideration of the mutual promises and covenants

herein contained, the parties hereto agree as follows:

Section 1. After Owner has tapped available sewer pipe in a manner approved by

the City and has paid all applicable connection fees, the City shall allow Owner to

discharge waste into the tapped pipe subject to the sewer use laws and rules as currently

and hereafter established by the City. Owner agrees to pay the usual and customary sewer

charges, as currently and hereafter established by the City provided, however, that for as

long as the premises remain outside the City's corporation limits, Owner shall pay sewer

charges at the prevailing rates for users located outside the City's corporation limits.

Rev. (2019) 2

Owner shall comply with all constitutional and charter provisions, statutes, ordinances,

rules and regulations currently and hereafter applicable to the City's water distribution and

sewage collection systems.

Section 2. Owner shall construct or otherwise make available, in accordance with

the City's specifications, the facilities necessary to connect the City's sewer system to the

premises. The cost of providing the above described facilities shall be the responsibility of

Owner. The City shall provide initial service within a reasonable time, but not later than

five (5) days after Owner has provided the facilities and requested inspection and received

approval by the City. The City will use its reasonable best efforts to maintain sewer

service to the premises as long as this agreement is in effect.

Section 3. Owner agrees to fully cooperate in any proceedings to annex the

premises to the City's corporate limits. Said cooperation shall be defined as (i) appointing

an individual designated by the City to be the Owner’s agent to furnish applications,

petitions, affidavits and other documents necessary to the annexation process, (ii) signing

annexation petitions and providing supporting affidavits, (iii) furnishing representatives to

testify in favor of annexation at hearings, (iv) providing information concerning the

benefits of annexation, (v) remaining as a party in annexation proceedings through the

appellate process, (vi) not encouraging opposition to annexation, (vii) preparing an

annexation petition and map and (viii) such other assistance in furtherance of annexation as

the City shall reasonably request. Owner shall provide such cooperation in annexation

proceedings either alone or in concert with other property owners seeking annexation.

Section 4. Owner further agrees that the sewer services provided by City pursuant

to this agreement are for the sole benefit of Owner, Owner’s successor owners in and their

tenants. Owner shall not assign the Owner’s interest and rights under this agreement to

any other entity without the consent of City in writing. In the event the Owner conveys

any portion of its interest in the premises to any other entity without providing for the

express assumption by the successor owner of the obligations of the Owner under this

agreement, and Owner fails to secure such an assumption within (30) days after notice

from the City thereof, the City may, at its option, terminate the sewer services provided

pursuant to this agreement.

Section 5. In consideration of City allowing to Owner the privilege to receive

sewer services for the premises located outside the City's corporate limits, Owner agrees to

make payment to City as follows:

a. On the fifteenth (15th) day of April of each year Owner shall pay to the City

the sum of Two Hundred Fifty Dollars ($250.00) for each residential unit

located on the premises during the calendar year immediately preceding the

year in which the April payment is to be made.

Rev. (2019) 3

b. A residential unit is defined as a dwelling designed to be occupied by an

individual or group of individuals living together in common living

quarters.

c. Payments under this section shall be made to the City until annexation of

the premises to the City's corporate limit has been completed. Obligations

under this section shall begin as of the date that sewer services are

commenced by the City.

d. Sums due to the City pursuant to this Section 5 and remaining unpaid after

the due date shall bear interest at the rate of eighteen percent (18%) per

annum.

Section 6. On the date the premises become annexed to City's corporation limits,

Owner, its successors and assigns and its tenant's obligations under Sections 4 and 5 shall

cease. However, all previous payments made by Owner to City pursuant to Sections 1 and

5 shall be retained by City and payments pursuant to Sections 1 and 5 shall be made to

City for that portion of the year of annexation during which the premises was not within

City's corporation limit.

Section 7. Should the use of the premises change from a single family residential

use as a single family structure or condominiums to another use, the parties agree that this

Development Incentive Agreement shall terminate and that another Development Incentive

Agreement shall be entered into containing a payment system consistent with the new use

to which the premises is put.

Section 8. OWNER shall indemnify and hold City harmless from any liability of

any nature which may result from the acts or omissions of Owner, in entering into this

agreement or performing its obligations under this agreement. Further, Owner shall pay all

attorney's fees and court costs incurred by City in defending itself against any such

liability. WARNING: It is unlawful for officials and employees of City to receive

gratuities.

Section 9. City's failure to complain of any act or omission on the part of Owner,

no matter how long a time the same may continue, shall not be deemed to be a waiver of

any right hereunder. No waiver by City at any time, express or implied, or any breach of

any provision of this agreement shall be deemed a breach of any other provision of this

agreement or a consent to any subsequent breach of the same or any other provision.

Section 10. Any judicial action involving any controversy or claim arising out of,

or relating to, this agreement or the breach thereof, shall be filed only in the Common

Rev. (2019) 6

EXHIBIT A

Situate in the Township of German, County of Clark and State of Ohio.

Being a part of the southwest quarter of Section 13, Township 4, Range 10 M.R.S. more

particularly bounded and described as follows:

Beginning at a point in the center line of State Route 70, which point is S. 0 deg. 44’ E.

and 316.70 feet distant from the northwest corner of a 5.79 acre tract formerly owned by

Besse S. Rebert, as described in Vol. 300 at page 171, Clark County Ohio Deed Records;

thence parallel with the north line of the said Rebert tract S. 85 deg E. passing a 5/8 inch

round bar on line at 30.11 feet 293.27 feet to a 5/8 inch round bar in west line of land

formerly owned by Florence F. Bunfill; thence S. 14 deg. 25’ E. along said Bunfill’s west

line 56.00 feet; thence N. 88 deg. 0’ W. 305 feet to the center of said State Route 70;

thence along said State Route 70 N. 0 deg 44’ W. 71 feet to the place of beginning.

Containing .43 acres more or less.

PPN: 050-02-00013-301-007

2200 Troy Road, Springfield, Ohio 45504

Request for Commission Action City of Springfield, Ohio

Item Number:___199-21___ Agenda Date: 8/3/21 Today's Date: 7/23/21

Subject: Purchase of rock salt from American Rock Salt Co LLC for 2021-2022 winter season

Submitted By: Chris Moore, Service Director

Department: Service Contact: Chris Moore, 324-7741

Prior Date of Prior Ordinance/Resolution: 21-111 Ordinance/Resolution: 4/13/21

Summary: It is respectfully requested that the City Commission authorize the City Manager to purchase rock salt from American Rock Salt Co LLC in the amount of 3850 tons at $62.54 per ton for the 2021-2022 winter season through the Ohio Department of Transportation Cooperative Purchasing Program for the amount of $240,779.00.

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Service/Street Maintenance 250 910919-4312 $240,779.00 Total Cost: $240,779.00

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO._________________ Authorizing the Finance Director to purchase 3,850 tons of rock salt for the 2021-2022 winter season from American Rock Salt Co LLC for an amount not to exceed $240,779.00, through the Ohio Department of Transportation Cooperative Purchasing Program in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code.

oooOOOooo... WHEREAS, pursuant to Resolution No. 5352 and Ordinance No. 21-111, the City has opted to secure to itself the benefits of the Ohio Department of Transportation Cooperative Purchasing Program pursuant to Section 5513.01(B) of the Ohio Revised Code; and WHEREAS, the City wishes to purchase 3,850 tons of rock salt for the 2021-2022 winter season through the Ohio Department of Transportation Cooperative Purchasing Program; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the Finance Director is hereby authorized to purchase 3,850 tons of rock salt at $62.54 per ton for the 2021-2022 winter season from American Rock Salt Co LLC for an amount not to exceed $240,779.00, through the Ohio Department of Transportation Cooperative Purchasing Program in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code. Section 2. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this __________ day of _________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION

Request for Commission Action City of Springfield, Ohio

Item Number:___200-21___ Agenda Date: 8/3/2021 Today's Date: 7/26/2021

Subject: Approve a Development Incentive Agreement (DIA) with Alexander Jarred Robinson and Janiece Robinson

Submitted By: Chris Moore

Department: Service Contact: Brian Hines 525-5800

Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:

Summary: Respectfully request City Commission authorization to approve the execution of a Development Incentive Agreement (DIA) with Alexander Jarred Robinson and Janiece Robinson for sewer service to their new residential property located in Springfield Township at 1948 East Possum Rd. (parcel# 300-07-00019-000-097).

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Total Cost: 0.00

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into a Development Incentive Agreement (Single Family Residential Development) with Alexander Jarred Robinson and Janiece Robinson to provide for sewer services to real property outside the City limits.

...oooOOOooo... WHEREAS, Alexander Jarred Robinson and Janiece Robinson own certain real property which is currently located outside the City limits; and

WHEREAS, Alexander Jarred Robinson and Janiece Robinson desire the privilege of obtaining sewer services from the City; NOW, THEREFORE:

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio:

Section 1. That the City Manager is hereby authorized to enter into a Development Incentive Agreement (Single Family Residential Development), a copy of which is attached hereto, with Alexander Jarred Robinson and Janiece Robinson to provide for sewer services to real property outside the City limits. Section 2. That because the Development Incentive Agreement authorized by this ordinance constitutes a covenant running with the land, the City Manager is hereby authorized to execute such agreements and documents the City Manager deems necessary to document that the terms of this Development Incentive Agreement remain in effect upon change in the ownership of the property described in the Development Incentive Agreement. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ________ day of _________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION

Request for Commission Action City of Springfield, Ohio

Item Number:___155-21___ Agenda Date: 08/03/2021 Today's Date: 07/26/2021

Subject: Change Order #2 to the Parking Garage Retail Whitebox Buildout contract with Arcon Builders

Submitted By: Paul Hicks

Department: City Manager’s Office Contact: 7300

Prior Date of Prior Ordinance/Resolution: 21-177 Ordinance/Resolution: June 8, 2021

Summary: Staff recommends commission approval to change order #1 for the whitebox buildout of the retail storefront of the city owned parking garage. The contractor discovered items that were not covered in the original bid packet that is required by the architectural design for the space. The additional work will add $21,841.97 which changes the total project cost to $385,220.97.

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Total Cost: $385,220.97

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.____________________ Confirming and approving Change Order No. 2 to the contract between the City and Arcon Builders for the White Box Retail Space Build-Out Project, to increase the contract in an amount not to exceed $21,841.97, for a total amount not to exceed $385,220.97; and authorizing the City Manager to execute said Change Order No. 2.

...oooOOOooo...

NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That this Commission hereby confirms and approves Change Order No. 2 to the contract between the City and Arcon Builders for the White Box Retail Space Build-Out Project, to increase the contract in an amount not to exceed $21,841.97, for a total amount not to exceed $385,220.97. Section 2. That the City Manager is hereby directed and authorized to endorse upon Change Order No. 2, a copy of which is attached, his approval on behalf of the City. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this __________ day of ________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION

__________________________________ CLERK OF THE CITY COMMISSION

Arcon Builders, Ltd. 7824 Alternate State Route 49Arcanum, Ohio 45304P: 937-692-6330F: 937-692-5778

7/22/2021

City of Springfield76 E. High StreetSpringfield, Oh 45502P: 937-324-7333

ATTN: Paul HicksRe: Change Proposal # __2__

City of Springfield White Box Retail Space Build-Out

Subject: Additional Work Due to Incomplete set of Bid Documents

Description Quantity Units Rate Subtotal Category TotalsProject Manager 4 hours $80.00 $320.00Supervisor 12 hours $75.00 $900.00

Labor Operator hours $70.00Carpenter 35 hours $65.00 $2,275.00Laborer hours $60.00 $3,495.00

Equipment Scissor Lift Rental 1 ls $635.00 $635.00and Hauling

$635.00Materials 4" Expansion Joint 10 rolls $21.00 $210.00

6x6 W2.9/W2.9 Wire Mesh, 21# 3550 sf $0.40 $1,420.002" Rigid Insulation(Horizontal Only)

24 sheets $40.00 $960.00

#5 Rebar, 20' sticks, plus freight 5 sticks $24.00 $120.002-Part Epoxy 8 tubes $40.00 $320.00Caulking of Sawcutsand Expansion

900 lf $3.00 $2,700.00$5,730.00

Sub- Vector Construction 1 ls $8,500.00 $8,500.00Contractors

$8,500.00Deducts

Project Insurance $18,360.00 @ 3% $550.80RequirementsO/P Overhead $18,910.80 @ 10% $1,891.08

Profit $20,801.88 @ 5% $1,040.09Anything not listed above is not included in the price.

Total Proposed Change (Add): $21,841.97

Alec ShellabargerProject Manager ApprovedArcon Builders, Ltd.

QUOTATION

Quantity Item Description Unit Price Amount

1.00 MESH-21-8X15 MESH 21 LB 8' X 15'- SHEET 24.00 24.00

1.00 MESH-42-8X15 MESH 42 LB 8' X 15'- SHEET 48.00 48.00

1.00 FOAM-2X4X8 FOAMULAR 250 2" X 48" X 96" 40.00 40.00

1.00 RB520 REBAR #5 X 20'-0" GRADE 60 14.00 14.00

1.00 EJ1204 FIBER EXP JOINT 1/2" X 4" X 5' 1.75 1.75

1.00 EJ1204-V VINYL EXP JOINT 1/2" X 4" X 5' 6.00 6.00

1.00 FT1204-50 FOAM EXP JOINT 1/2" X 4" X 50' 21.00 21.00

1.00 EPOXY-ET-HP22-N 2-PART EPOXY- 22 OZ SIMPSON 40.00 40.00

1.00 FO FREIGHT OUT- SPRINGFIELD,OH 50.00 50.00

ALL PRICES SUBJECT TO CHANGE

WITHOUT NOTICE FROM VENDORS

Quote Number: 071922-LSR

Quote Date: Jul 19, 2021

Sales Rep

Quoted To:

ARCON BUILDERS,LTD7824 ALT STATE ROUTE 49ARCANUM, OH 45304

Good Thru

7/23/21

Customer ID Payment Terms

Page:

ARCON Net 10 Days 001

1

TOTAL 244.75

Sales Tax

Subtotal 244.75

Contractors Supply of Dayton Inc.8510 North Dixie DriveDayton, OH 45414

Voice:Fax:

937-898-8888937-898-8884

Ship To:

ARCON BUILDERS, LTDC/O: SPRINGFIELD,OH WHITE BOXATTENTION: ALEC SHELLABARGERSPRINGFIELD, OH

Project

Springfield Parking Garage White Box Fit-Out CFRP Strengthening – New RTU General Contractor Arcon Builders Project Location

25, 45, & 64 N. Fountain Ave Springfield, OH 45502 Date

July 22, 2021 Attn: Alec Schellabarger Arcon Builders 7824 Alt. At. Rt. 49 Arcanum, OH 45304 T: 937-564-3034

alecshellabarger@arconbuilders.com

VECTOR CONSTRUCTION INC.

Travis Manager

Project Manager / Estimator

2010 E. Locust St.

Decatur, Ill. 62521

701-261-5579

travism@vector-construction.com

www.vector-construction.com

2

Re: White Box Fit-Out – CFRP Strengthening – New RTU We are pleased to submit the following proposal to complete the specified work on the above-mentioned project. Should you have any questions regarding this proposal please don’t hesitate to contact me directly.

INTRODUCTION This proposal is based on the plans titled, ‘Tenant Split – White Box Springfield Parking Garage developed by Brown & Bills Architects. The current proposal is for the installation of CFRP fabric strips (CUCF44) provided by Simpson Strong-Tie. The below scope of work and pricing is for the installation of 6 each 6” Wide 44 oz. fabric strips on the underside of the existing roof in the locations of the new RTU units

SCOPE OF WORK The scope of work on this project includes the

• General Construction Procedures o Mobilize to site and complete the site-specific safety orientation. o Complete pre-job safety inspection and safety awareness plans at the job site. o Submit engineer stamped delegated design drawings to EOR for approval. o Perform the scope of work detailed below. o Clean the project area, properly dispose of rubble and construction debris, and

de-mobilize from site.

• Install Procedure for CFRP Fabric Strips Installation. o Profile concrete surface using grinders, abrasive blades, and HEPA vacuums. o Fill in any low spots/honeycombs using epoxy paste. o Install CFRP fabric and paste epoxy per design documents by FRP Manufacturer

certified crew. o Install fireproofing topcoat.

ESTIMATED SCHEDULE With current workload, Vector can mobilize within 4-5 weeks following receipt of a purchase order or contract. The anticipated work will take place in late August 2021. Schedule is based on install quantities illustrated in the construction documents. We anticipate the installation to take approximately 1 to 2 days to install the CFRP Fabric Strips.

3

PRICE FRP Laminate Design, supply, and install of CFRP Laminate Strips $ 8,500.00 ***1. The EOR will confirm that the ACI 562 existing capacity check (EQ. 5.5.2a, EQ. 5.5.2b and EQ.5.5.3) passes for all of the elements strengthened with FRP. Pricing Includes:

- Adhesion testing of substrate and installed FRP materials. - Simpson Strong-Tie FX-207 fireproofing over FRP Laminate

Exclusions

• Epoxy injection and concrete repairs.

• Cutting new duct / utility penetration(s) in concrete at floor slabs.

• Removal and replacement of conduits, piping, hangers, ducting, ceiling tiles, finishes, fireproofing, etc. to install FRP composite strengthening system.

• Scissor lift capable of reaching installation area, approximately 25 feet.

SPECIAL CONDITIONS / QUALIFICATIONS Pricing includes labor, materials, and equipment necessary to complete the scope of the project subject and is based on the following qualifications except if otherwise agreed in writing.

1. Work to be completed in a single mobilization per phase unless otherwise agreed upon. 2. Work to be completed at temperatures higher than 50 degrees. Heating and hoarding

provided at additional cost. 3. Vector will make every reasonable accommodation to minimize dust from our

operations, but we cannot work 100% dust free. Some additional cleanup after completion may be required by others.

4. Access to work area provided by others. 5. Removal and replacement of any conduit, piping, HVAC, etc. by others. 6. Power, water, refuse bins and disposal shall be provided at no cost to Vector. 7. Suitable restroom facilities to be provided by others. 8. Work areas are to be clear of other contractors and obstructions in order to provide

continuity of work for Vector. 9. Quotation is valid for 30 days. 10. Work is to be completed open shop. Prevailing/scale wages ARE included – Painter

(Clark County) updated November 25, 2021

4

GENERAL CONDITIONS Vector Construction Inc. is prepared to enter into a contract agreement for this work subject to the terms and conditions of contract being agreeable to both parties including but not limited to terms and conditions substantially similar to the following:

• Bonds - If requested, payment and performance bonds require additional charge.

• Work Schedule - all work will be performed on weekdays during regular daytime working hours. If weekend or overtime work is required, then additional charges will apply.

• Permits - all necessary work permits to be obtained and paid for by the client.

• Insurance Coverage: o General Liability - $1,000,000/occ. - $2,000,000/agg. o Product Liability - $1,000,000/occ. - $2,000,000/agg. o Automobile Liability - $1,000,000 o Employee Liability - $1,000,000

• Indemnity – Vector will indemnify and hold harmless client for claims only to the extent resulting solely from Vector’s negligence. In no case shall Vector be responsible for indirect, incidental, special or consequential damages, including any loss of profits loss of use of property or business interruption.

• Delays – Vector will be entitled to additional time and compensation if delayed for reasons beyond our control. Any exposure for liquidated damages must be mutually agreed upon in advance.

• Client’s Insurance – Client will be responsible for purchasing and maintaining builder’s risk/property insurance in an amount covering the entire Project and name Vector as additional insured.

• Hazardous Materials – Vector will not be responsible for any pre-existing hazardous materials, substances or conditions.

• Differing Site Conditions – Vector will be entitled to additional time and compensation if it encounters (1) subsurface or otherwise concealed, known, or unknown physical conditions materially different from those indicated or (2) conditions of an unusual nature, differing materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for.

• No Design Liability – Unless otherwise expressly agreed to in writing by Vector, in no event will Vector assume any design liability related to the Project, the Agreement or any Services which Vector may provide.

• Payment Terms – Payment Net 30 days from date of invoice, overdue accounts 1% per month.

NON-DISCLOSURE This document, concepts, and any drawings, along with the data and information contained in it, is the original work and the property of Vector. This information is provided to the recipient

5

for the specific, limited purpose of business development between our two companies and the end user. All data, information, and concepts are to be maintained in confidence and may not be used by the recipient, or in any way disclosed to others, without the written permission of Vector and are subject to recall by Vector at any time.

ABOUT VECTOR Vector Construction is a full-service concrete preservation contractor with a global presence. Our expertise includes concrete and corrosion troubleshooting, structural repair, strengthening, post-tension evaluation and repair, cathodic protection and other corrosion control methods. In addition to servicing the North American market, Vector has worked internationally in South America, Europe, and Asia. Vector Construction has bonding capabilities with Aon Risk Solutions and performs projects with values up to $25,000,000. Thank you for your interest in Vector. If you have any questions or comments, please feel free to contact me at your convenience. We look forward to working with you on this and future projects. Sincerely,

VECTOR CONSTRUCTION, INC. Travis Marman Project Manager / Estimator (701) 261-5579 Mobile travism@vector-construction.com

6

THE VECTOR ADVANTAGE

HEALTH & SAFETY Vector’s health, safety and environmental initiatives demonstrate our focus on reducing risks for you, our customer. We strive to prevent workplace injury, property and equipment damage and to control risks for our clients, the public and the environment. Vector has an extensive corporate safety policy and operates a drug and alcohol free workplace. All Vector employees are subject to pre-employment drug and alcohol screening, random testing and additional testing for reasonable cause or after a workplace incident. Vector has a longstanding commitment to SAFESTART, a behavior-based safety program. SAFESTART supports a positive safety culture at work and at home.

TRUST & TRANSPARENCY Vector works with our clients to develop and implement innovative solutions that meet your service life and budget. This collaborative problem-solving process facilitates productive communication and minimizes the potential for change orders and delays. From facility maintenance to design-build rehabilitation, Vector is trusted by thousands of clients to professionally provide the highest level of quality and service. With a 50+ year heritage of integrity, we want you to remain a customer for life.

TECHNICAL KNOWLEDGE & EXPERIENCE We provide our services with a highly capable and trained staff of construction professionals. Vector’s Concrete Repair Technicians receive technical training in concrete repair fundamentals and best practices. Our Project Managers and Foreman receive additional supervisory and project management training at Vector University, our in-house training and development center. Vector’s expertise extends beyond basic concrete repair. Many of our engineers and technicians are recognized experts in concrete and corrosion troubleshooting, structural repair, strengthening, post-tension evaluation and repair, cathodic protection and other corrosion control methods. Our technical staff are certified by organizations such as the International Concrete Repair Institute (ICRI), and ACI International (ACI), National Association of Corrosion Engineers (NACE), and the Post-Tensioning Institute (PTI) and we actively participate in their technical committees. WORK QUALITY & STANDARDS

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Vector performs its work according to the applicable guidelines and standards of ICRI, ACI, NACE and PTI. Our focus on quality work and doing the right things right the first time minimizes punch list items and future call backs. We stand by our work and are pleased to provide a free One Year Limited Warranty that our projects will be completed as specified and are free of defects in workmanship. Contact Vector for more information on our limited warranty program.

SUSTAINABLE PRACTICES Preservation of infrastructure is a sustainable activity that mitigates pollution, reduces solid waste and conserves natural resources. It is frequently more economical than demolition and reconstruction and can also reduce downtime, loss of revenue, and business disruption.

Request for Commission Action City of Springfield, Ohio

Item Number:___250-16___ Agenda Date: 8/3/21 Today's Date: 7/27/21

Subject: Amendment D with Black & Veatch Corporation, for the Primary Effluent Pumps Replacement Evaluation and Design

Submitted By: Tim Weaver, Operations Engineer

Department: Service/WWTP Contact: Chris Moore, Service Director

Prior Date of Prior Ordinance/Resolution: 16-315 Ordinance/Resolution: 11/22/16 18-107 4/24/18 19-59 2/26/19 20-214 9/8/20

Summary: Amendment D is needed with Black & Veatch Corporation to provide for Services During Construction. The cost for these services are $481,110 plus an additional $93,600 in if-authorized inspection tasks for a total of $574,710, thus an amendment must be issued and approved by Commission.

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Service/WWTP Sewer 140xxx-4030 (7015) $ 574,710.00 Total Cost: $ 574,710.00

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into Amendment D to the Engineering Services Agreement with Black & Veatch Corporation for the Primary Effluent Pumps Replacement Evaluation and Design Project, to increase the contract for an amount not to exceed $574,710.00, for a total amount not to exceed $1,364,840.00; and to extend the completion date to June 1, 2023.

...oooOOOooo... WHEREAS, the City and Black & Veatch Corporation entered into an Engineering Services Agreement for the Primary Effluent Pumps Replacement Evaluation and Design Project pursuant to Ordinance No. 16-315 and amended pursuant to Ordinance Nos. 18-107, 19-59 and 20-214; and WHEREAS, the City has requested additional work be completed by Black & Veatch Corporation; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the City Manager is hereby authorized to enter into Amendment D to the Engineering Services Agreement with Black & Veatch Corporation for the Primary Effluent Pumps Replacement Evaluation and Design Project, a copy of which is attached hereto and is hereby approved, to increase the contract for an amount not to exceed $574,710.00, for a total amount not to exceed $1,364,840.00; and to extend the completion date to June 1, 2023. Section 2. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this _________ day of _________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION

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AMENDMENT DTO

ENGINEERING SERVICES AGREEMENTPRIMARY EFFLUENT PUMPS REPLACEMENT EVALUATION AND DESIGN

THIS AMENDMENT D entered into this day of , 2021 by and between THE CITY OF SPRINGFIELD, OHIO, an Ohio municipal corporation (hereinafter “OWNER”) whose mailing address is 76 East High Street, Springfield, Ohio 45502 and BLACK & VEATCH CORPORATION (hereinafter “ENGINEER”) whose mailing address is 4449 Easton Way Suite 150, Columbus, Ohio 43219: WITNESSETH:

WHEREAS, on December 6, 2016, the parties entered into an Engineering Services Agreement for the furnishing of professional services by ENGINEER regarding the City of Springfield, Primary Effluent Pumps Replacement Evaluation and Design (the “Project”); and,

WHEREAS, on May 8, 2018 the parties executed Amendment A to the Agreement to include additional tasks and modify the Scope of Services, as defined therein; and,

WHEREAS, on March 12, 2019 the parties executed Amendment B to the Agreement to include additional tasks and modify the Scope of Services, as defined therein; and,

WHEREAS, on October 6, 2020 the parties executed Amendment C to the Agreement to include additional tasks and modify the Scope of Services, as defined therein; and,

WHEREAS, OWNER is desirous of the performance of additional tasks by ENGINEER not previously included in the Scope of Services, Amendment A, Amendment B, or Amendment C, and are defined by this Amendment D,

NOW, THEREFORE, the parties here to agree as follows:

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SCOPE OF SERVICES

The City of Springfield previously elected to combine Contract 1 (Amendment A), Electrical Upgrade and Utility Relocation, and Contract 2 (Amendment B), Primary Effluent Pumps Replacement, into a single construction package and design contract, hereinafter referred to as the Primary Effluent Pumps Replacement. The combined design package (Amendment C) includes services through final design and bidding assistance for both the Electrical Upgrade and Utility Relocation and Primary Effluent Pumps Replacement design. This Amendment D to the Engineering Services Agreement will encompass construction phase services for the combined design package outlined in Amendment C, which comprises both Contract 1 and Contract 2.

The scope of services for the work which has already been completed to 100% design includes the replacement and relocation of Unit Substation 2 and Motor Control Center 3 (MCC3) to address the electrical supply issues identified under Amendment A. The project will relocate existing duct banks, a Waste Activated Sludge pipe, a natural gas pipe, and other ancillary utilities to provide adequate space for the improvements. The work outlined in Amendments B and C has also been completed to 100% design and includes the expansion and reconfiguration of the existing Primary Effluent Pump Station (PEPS) wet well, top slab, and equipment. The Project also includes electrical connections to MCC3, structural expansion of the wet well, and Instrumentation and Control for the PEPS equipment.

ENGINEER shall include in the scope of services for this Amendment D, which were not included in previous amendments, the following components:

A. Construction Phase Services. ENGINEER shall provide engineering services during project construction to ensure conformance with the Contract Documents and to provide Contract Document interpretation. For purposes of this Amendment it is assumed that the construction period shall be two years in duration. The services described below provide specific limits on certain tasks to be performed by ENGINEER. Several of the construction phase tasks outlined below were included and budgeted for under Amendment B but have been modified to reflect the additional scope of services outlined in Amendment D.

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1. Preconstruction Conference. At a date and time selected by OWNER, and at a facility provided by OWNER, ENGINEER shall conduct a preconstruction conference.

2. Schedule. ENGINEER shall review and comment on the Contractor’s initial construction schedule and advise the OWNER as to acceptability.

3. Schedule of Values. ENGINEER shall review the Contractor’s schedule of values and advise the OWNER as to acceptability.

4. Resident Services During Construction. ENGINEER shall provide a Resident Project Representative (RPR) over the duration of Project construction on a periodic basis. Amendment B included twenty-four (24) visits to the construction site for an 8 hour duration. For this Amendment, 76 additional visits to the site will be included, for a total of 100 visits. The RPR will observe the Contractor’s work. The RPR shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of ENGINEER. This service will in no way relieve the Contractor of complete supervision of the work or the Contractor’s obligation for complete compliance to the Construction Contract Documents. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions.

5. Construction Administration. ENGINEER shall perform construction administration services during the construction phase of the Project. By performing these services, ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project, except as provided herein. In addition, ENGINEER shall not be responsible for the failure of any contractor, subcontractor, vendor, or other Project participant to fulfill contractual or other responsibilities to the OWNER, except as provided herein. ENGINEER shall notify the OWNER of any failure of the Contractor to conform to the Construction Contract Documents and specifications which becomes known to ENGINEER in performing ENGINEER’s obligations hereunder.

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a. Pay Application Review. Amendment B included review and processing of up to (6) payment requests. For this Amendment, 12 additional payment requests will be included, for a total of 18 payment requests. ENGINEER shall review and process payment requests and review the construction schedule. The ENGINEER shall forward the pay application to OWNER for final approval and processing.

b. Change Management. Assist OWNER in review of Change Order Requests by the Contractor and preparation of Requests for Proposals for OWNER or ENGINEER initiated changes. Amendment B included up to four (4) Change Order Requests and Requests for Proposals. For this Amendment, (4) additional Change Order Requests and Requests for Proposals will be included, for a total of (8) eight.

c. Claims Assistance. Initially act on behalf of the OWNER regarding claims by the Contractor relating to additional work or interpretation of the requirements of the Construction Contract Documents pertaining to the execution and progress of the work. Amendment B included preparation of a written response to OWNER of one written response to the Contractor. There is no additional claims assistance associated with this contract

d. Change Orders. Assist OWNER in preparing Change Orders. Amendment B included up to two (2) Change Orders. For this Amendment, 2 additional Change Orders will be included for a total of 4 Change Orders. Each Change Order will authorize an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

e. Request for Information. Review and respond to Requests for Information (RFIs) from the Contractor. Amendment B included review of up to fifteen (15) RFIs. For this Amendment, fifteen (15) additional RFIs will be included for a total of thirty (30) RFIs.

f. Submittal and O&M Review. ENGINEER shall review shop drawings and other data submitted by the Contractor as required by the construction Contract Documents. Amendment B included review of

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up to thirty (30) submittals. For this Amendment, fifty (50) additional submittals will be included for a total of eighty 80 submittals.

g. Progress Meetings. ENGINEER will make visits by Project Manager or Engineering Manager and RPR to the construction site during onsite construction activities to attend progress meetings. Progress meetings will be scheduled monthly to ensure effective execution of the work. The Contractor will preside at the meetings and will be responsible for preparing and distributing meeting minutes. Amendment B included attendance of up to six (6) progress meetings. For this Amendment, 12 additional progress meetings will be included for a total of 18 progress meetings.

h. Site Visits. Conduct site visits to verify compliance with the Contract Documents or to attend to special requests by OWNER. Perform follow-up research, investigations, and preparation of correspondence or reports to document site visits. Amendment B included up to three (3) site visits. For this Amendment, four (4) additional site visits will be included for a total of seven (7) site visits.

i. Final Inspection. Upon notice of substantial completion, conduct a final inspection and prepare a punch list of items to be completed or corrected by the Contractor before final completion of the project. Upon completion or correction of the items of work on the punch list, conduct one (1) final inspection to determine if the work is completed.

6. Revise Construction Contract Drawings. ENGINEER will update the drawings to conform to construction records. ENGINEER will furnish to OWNER four (4) full size sets of revised drawings, four (4) half size sets of revised drawings, and one (1) copy of the revised drawings in electronic portable document format (PDF).

B. Special Inspections & Material Testing Services

The Construction Contract Documents include a list of special inspections required during construction for the purpose of satisfying building permit requirements. ENGINEER will be responsible for conducting the special inspections with

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ENGINEER's personnel, the Resident Project Representative, and/or through sub- contracts.

Provide, through a subcontract, materials testing services during construction. Materials testing services will include concrete, soil compaction, and asphaltic concrete testing for verifying compliance with the Contract Documents. ENGINEER will coordinate and arrange for on-site materials testing services as required for the project and in compliance with the Contract Documents. ENGINEER will be responsible for all administration effort associated with the materials testing subcontractor. Copies of test results will be provided to the OWNER, Resident Project Representative, ENGINEER, and Contractor.

D. SCADA Inspection & Material for Contract 2- Primary Effluent Pump Replacement

OWNER hereby engages ENGINEER to perform Control System Configuration and Startup Services for the Project. The services are based on the Contract Documents prepared by ENGINEER. All configuration services work will utilize OWNER's standard software packages. The Software required for SCADA Configuration Services will be obtained from the Contractor as required by the Construction Contract Documents.

The services to be performed by ENGINEER shall include the following:

1. SCADA Configuration Kick-off/ Workshop Meeting

A kick-off meeting will be held with OWNER to review the Scope of Services and schedules for the SCADA configuration work to ensure goals and objectives for the Project are understood, discuss critical success factors, and to define the lines of communication. Meeting will be conducted virtually.

2. Update Standards and Conventions Document

In order to ensure consistency throughout the configuration process, and to allow OWNER to maintain consistency in presentation after final acceptance, the existing system standards and conventions will be reviewed and updated as required. The updated documents will be provided to the Owner for review.

3. Setup Programming Hardware

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PLC and HMI hardware provided for the Project will be assembled and powered up. The hardware will be setup at the ENGINEER's office. Hardware shall include one PLC system, and all communication cables, switches, and appurtenances necessary to connect the hardware. All hardware will be shipped to the ENGINEER by the Control System Supplier and OWNER. The cost of hardware shipment from the Control System Supplier is the responsibility of the Contractor as required in the Contract Documents.

4. Develop Initial Programming

Initial programming will be developed based on the Control System Standards and Conventions Document and the I/O list in the Contract Documents. After initial programming is developed, ENGINEER will provide initial programming documents to OWNER for review. Initial programming documents that will be submitted to OWNER for review include the following:

• PLC programming code with detailed programming information for:

o Typical modulating valve

o Typical open/close valve

o Typical variable speed motor

o Typical constant speed motor

• Operator Workstation overview graphic displays color printout.

• Example control graphic displays color printout.

• Navigation Menu color printout.

OWNER will review the materials for two weeks. Following OWNER review, a conference call will be conducted to collect and review OWNER's comments.

5. Develop PLC Programs

After initial programming has been developed and reviewed by OWNER, ENGINEER will develop the PLC tag listing and proceed with PLC program

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development using hardware and software provided to ENGINEER. The PLCs shall be programmed to control the facility according to the control block descriptions listed in the Contract Documents and as determined during workshop meetings.

The Scope does not include development of temporary control strategies to allow for fully automatic control of the facility during all phases of construction. It is assumed that OWNER will control the facility manually as needed during various phases of the construction. If OWNER deems it necessary to implement temporary programs that are not described in control block descriptions to automate the facility, ENGINEER can provide these services as a supplemental service.

6. Develop Operator Workstation Graphic Displays and Database

Develop new operator control and monitoring displays for the Operator Workstation. The Operator Workstation will be programmed to control the facility according to the control block descriptions listed in the Contract Documents. After the Operator Workstation graphic displays are developed, ENGINEER will prepare documents for review by OWNER. After approximately a two (2) week review period, ENGINEER will meet with OWNER to review the Operator Workstation graphics programming and obtain comments.

7. PLC Programming and Operator Workstation Graphics Meeting

ENGINEER will meet with OWNER to review the PLC programming and Operator Workstation graphic displays to obtain comments. One virtual (1) meeting is included at approximately the 60 percent completion milestone.

8. Develop Final Programming

Following review of the Operator Workstation graphic displays with OWNER, ENGINEER will incorporate OWNER's comments and develop the final Workstation displays and PLC programming.

9. Configuration Quality Control

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ENGINEER will complete quality control review of all programming documentation, PLC programming, and Operator Workstation development.

10. Field Calibration Report Review

ENGINEER will verify that the Contractor's field calibrations are coordinated with PLC programming.

11. Manufacturer Services Coordination

ENGINEER will verify with Contractor that equipment installation and manufacturer startup services have been provided prior to testing and startup of control from the plant control system.

12. Verify Control System Installation

After the Contractor has completed control system communication testing, ENGINEER will verify control system equipment installation, networking, and communications status. ENGINEER will prepare a statement of deficiency for the Contractor for any control system installation problems or communication errors. This task includes up to one (1) day of on-site services. If the Contractor's work has significant deficiencies, the ENGINEER can provide services to re-verify the control system installation as a special service.

13. Install and Commission PLC Programming

After the Contractor has completed the Site Acceptance Test and verified that all equipment operates in the local manual mode, ENGINEER will install the PLC programming and commission the PLC program. PLC programming will be tested in manual and auto mode. If signals from field equipment or other PLCs are not available, the signals will be simulated as required to verify proper operation of the PLC algorithm.

If deficiencies in the Contractor's work are found during the PLC program commissioning, ENGINEER will develop a statement of deficiency for Owner to

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issue to the Contractor. The deficiency statement may include items regarding the control system installation and communication.

The commissioning and startup of the PLC programs is dependent on the Contractor's completion of work and schedule. This task includes up to three (3) days of on-site services. The ENGINEER will notify Owner of significant changes in the Contractor's schedule or completion of work that will impact PLC programming startup costs.

14. Install and Commission Operator Workstation Programming

ENGINEER will commission all Operator Workstation graphic displays for control of the system. If deficiencies in the Contractor's work are found during the Operator Workstation commissioning, ENGINEER will develop a statement of deficiency to the Contractor for resolution. The deficiency statement may include items regarding the control system installation and communication.

This task includes up to one (1) day of on-site services. ENGINEER will notify OWNER of significant changes in the Contractor's schedule or completion of work that will impact for this task item.

15. Install Reports and History System

ENGINEER will install and commission the initial automated reports identified in the SCADA system. This task includes up to two (2) days of on- site services.

16. Final Documentation

After the system is fully operational and accepted by OWNER, ENGINEER will deliver final documentation. Electronic copies will be provided on CD media and hard copies will be provided in three-ring binders. The table below lists the quantities and type of documentation to be provided to Owner:

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Documentation Type HardCopy

Electronic Copy

PLC Programs NoneSoftware Database NoneLOI Programs NoneGraphic Displays 4 copiesStandards andConventions

4 copies

4 electronic copies will be provided for all data and included in Final Documentation three ring binders.

17. Owner Training

Over a period of one (1) day, provide training for OWNER's operation staff and OWNER's SCADA maintenance staff. The duration and number of classes will be determined by OWNER. The training classes will be conducted on the installed control system and will familiarize and demonstrate the operation and maintenance of new systems monitoring and control to OWNER’s personnel. This task includes a training outline agenda and hands-on interaction with OWNER's staff. Customized, detailed training manuals are not included in this task but can be provided as a supplemental service. This task includes up to one (1) day of on-site services.

18. Configuration Punch List

Following the completion of the SCADA system startup, ENGINEER will issue a notification to OWNER that the SCADA system startup is complete and that aconsecutive two (2) week initial operation period will commence. OWNER will monitor the control system for the next two (2) consecutive week period and will keep a log of any problems that occur during this period. ENGINEER will meet with OWNER to review the log. Entries in the log will be categorized as items to be corrected by ENGINEER, items to be corrected by the Contractor, or supplemental programming items not included in the Scope of Services. This task includes up to two (2) one-day site visits to meet with OWNER and resolve ENGINEER configuration punch list items included in the Scope of Services. OWNER acceptance of the completed punch list for items included in the Configuration Scope of Work will indicate final acceptance of the control system configuration and startup services.

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19. Acceptance Test Assistance

ENGINEER will provide Factory and Site Acceptance Tests assistance to OWNER during Project construction. Acceptance test assistance services will include the following:

Attend the factory acceptance test to witness the testing of the PLC panels in the System Supplier's facility. Panel fabrication quality will be verified, and defective work will be noted and communicated to the System Supplier and Contractor for correction. The services include one trip and one day of testing at the System Supplier's facility.

Provide up to one, one-day trip of on-site assistance to OWNER to witness the SCADA demonstration by the Contractor during the Site Acceptance Test. During the Site Acceptance Test, the Contractor will demonstrate the functionality of all control loops into and out of the SCADA system PLCs. Defective work will be noted and communicated to the System Supplier and Contractor for correction. ENGINEER will re-verify any items to be corrected during a subsequent site visit. If the Site Acceptance Test is terminated due to problems caused by the System Supplier or Contractor, the ENGINEER will attend a second Site Acceptance Test as a supplemental service. The Contract Documents require the Contractor to reimburse OWNER for additional costs of a second Site Acceptance Test.

C. Standard Operating Procedure Manual

OWNER hereby engages ENGINEER to prepare a Standard Operating Procedures manual for the pump station. The services to be performed by ENGINEER shall include the following:

1. Workshop Meeting

ENGINEER will conduct one (1) workshop meeting with OWNER to confirm the Scope of Services and schedule for the work and to ensure goals and objectives for the Standard Operating Procedures Manual are understood. ENGINEER will facilitate discussions with OWNER regarding the operation of the pump station.

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2. Standard Operating Procedures Manual

ENGINEER will prepare a Standard Operating Procedures (SOP) manual for the pump station. The SOP outline will include the following:

• Introduction and pump station overview

• Normal operating procedures including local manual and local automatic control and remote automatic control

• Appendices

o P&IDs and other drawings required to explain the process and procedures

o SCADA Screen Shots

o Vendor Operation & Maintenance Manuals

Up to ten hard copies and an electronic copy will be provided to OWNER.

D. Project Administration and Management

ENGINEER shall provide project administration and management including budget and schedule control, client liaison, maintenance of Project records (such as files, calculations), coordination of activities, and Project billings.

SCHEDULE

ENGINEER shall perform all services described above to meet the following proposed schedule: Anticipated Notice to Proceed July 15, 2021Substantial Completion May 1, 2023Final Completion June 1, 2023

*It should be noted that the dates above are for reference only and are not within control of the ENGINEER.

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COMPENSATION

The additional work described in this Amendment D has an established budgetary fee of $481,110 plus an additional $93,600 in if-authorized inspection tasks. With approval of Amendment D, the total compensation shall be increased from $790,130 to $1,271,240 plus an additional $93,600 in if-authorized inspection tasks. Compensation for this Amendment shall be payable in the same manner as other payments under the Agreement.

OTHER MATTERS

All provisions of the Contract not specifically modified herein shall remain in effect.

IN WITNESS WHEREOF, OWNER and ENGINEER have executed this amendment by their duly authorized representatives on the date first above written.

APPROVED AS TO FORMAND CORRECTNESS:

______________________ Deputy Law Director

THE CITY OF SPRINGFIELD, OHIO

BY:__________________________Bryan Heck, City Manager

Date _________________________

I hereby certify that the money required for payment of the above obligation in the sum of $_______________________ at the time of the making of this contract or order, was lawfully appropriated for such purpose and was in the treasury or in process of collection to the credit of the proper item of appropriation free from any previous encumbrance.

____________________________Finance Director

BLACK & VEATCH CORPORATION

BY:__________________________ David A. Day, Associate Vice President

Request for Commission Action City of Springfield, Ohio

Item Number:___155-21 A__ Agenda Date: 08/17/2021 Today's Date: 08/11/2021

Subject: Confirm & Approve Change Order #3 to the Parking Garage Retail Whitebox Buildout contract with Arcon Builders

Submitted By: Tom Franzen, Assistant City Manager & Director of Economic Development

Department: City Manager’s Office Contact: 7300

Prior Date of Prior Ordinance/Resolution: 21-177 Ordinance/Resolution: June 8, 2021

Summary: Staff recommends Commission confirm and approve Change Order #3 for the whitebox buildout of the retail storefront of the city owned parking garage. This change order consists of a deduct of $3,683.46 for removal of a portion of the north demising wall and slab for tenant fit out purposes. Also an increase of $24,869.63 for addition of concrete ramp for tenant fit out for a total increase of $21,186.17 making the adjusted contract amount to date of $406,407.14.

Justification for Emergency Action: (use reverse side if needed) Emergency action is requested due to lead time for materials and scheduling of contractors.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Total Cost: $406,407.14

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.____________________ Confirming and approving Change Order No. 3 to the contract between the City and Arcon Builders for the White Box Retail Space Build-Out Project, to increase the contract in an amount not to exceed $21,869.63, for a total amount not to exceed $406,407.14; authorizing the City Manager to execute said Change Order No. 3; and declaring an emergency therein.

...oooOOOooo...

WHEREAS, it is necessary that this Ordinance become effective immediately in order to compensate Arcon Builders for work previously completed, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE:

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at

least four of its members concurring:

Section 1. That this Commission hereby confirms and approves Change Order No. 3 to the contract between the City and Arcon Builders for the White Box Retail Space Build-Out Project, to increase the contract in an amount not to exceed $21,869.63, for a total amount not to exceed $406,407.14. Section 2. That the City Manager is hereby directed and authorized to endorse upon Change Order No. 3, a copy of which is attached, his approval on behalf of the City. Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this __________ day of ________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION

__________________________________ CLERK OF THE CITY COMMISSION

8/6/2021

City of Springfield76 E. High StreetSpringfield, Oh 45502P: 937-324-7333

ATTN:Re:

Bryan HeckChange Proposal # 3City of Springfield White Box Retail Space Build-Out

Subject: Proposed Deduct for Removal of a Portion of the North Demising Wall and Slab for Tenant Fit Out Purposes

Description Quantity Units Rate Subtotal Category Totals1 hours $80.00 $80.00

hours $75.00Labor hours $70.00

hours $65.00

Project ManagerSupervisorOperatorCarpenterLaborer hours $60.00 $80.00

Equipmentand Hauling

Materials 6"x18' 20. Ga. Studs -16 ea $22.50 -$360.00-42 lf $1.04 -$43.58

-294 lf $0.34 -$99.966" 20 Ga. TrackRC-1 Channel4,000 psi concrete -3.65 cy $114.50 -$417.93 -$921.46

-1 ls $650.00 -$650.00Sub- Kuntz ConstructionContractors Rock It Drywall, Level 4 finish -756 sf $1.50 -$1,134.00

-378 sf $1.00 -$378.00Rock It Drywall, hang first layer

Robinson Insulation -1 ls $680.00 -$680.00 -$2,842.00Deducts

Project Insurance @ 3%RequirementsO/P Overhead @ 10%

Profit @ 5%

-$3,683.46

Anything not listed above is not included in the price.

Proposed Change (Deduct):

Arcon Builders, Ltd. 7824 Alternate State Route 49Arcanum, Ohio 45304P: 937-692-6330F: 937-692-5778

Subject: Proposed Addition for Concrete Ramp for Tenant Fit Out

Description Quantity Units Rate Subtotal Category TotalsProject Manager 4 hours $80.00 $320.00Supervisor 8 hours $75.00 $600.00

Labor Operator 12 hours $70.00 $840.00Carpenter 174 hours $65.00 $11,310.00Laborer hours $60.00 $13,070.00

Equipment Excavator 10 hours $70.00 $700.00and Hauling Dump Truck 2 hours $40.00 $80.00

Battery Excavator Rental 1 ls $1,935.00 $1,935.003'0" Track Skid Loader Rental 1 ls $865.00 $865.00Concrete Pump 1 ls $1,495.00 $1,495.00Dump Fee 1 ls $50.00 $50.00 $5,125.00

Materials Concrete 12 cy $130.00 $1,560.00Aggregate 20 tn $20.00 $400.00Rebar 1 ls $650.00 $650.00Vapor Barrier 1 roll $100.00 $100.00 $2,710.00

Sub-Contractors

Deducts

Project Insurance $20,905.00 @ 3% $627.15RequirementsO/P Overhead $21,532.15 @ 10% $2,153.22

Profit $23,685.37 @ 5% $1,184.27

Approved

Anything not listed above is not included in the price.

Proposed Change (Add): $24,869.63

$24,869.63($3,683.46)

Proposed Increase: Proposed Decrease: Total Proposed Change: $21,186.17

The sum of $21,186.17 is hereby added to, the total contract amount. Therefore, the adjusted contract amount to date is $406,407.14.

Alec ShellabargerProject ManagerArcon Builders, Ltd.

Request for Commission Action City of Springfield, Ohio

Item Number:___216-21___ Agenda Date: 08/17/2021 Today's Date: 07/30/2021

Subject: Authorizing acceptance of a donation of two shields from the Springfield Citizens Police Academy Alumni Assoication.

Submitted By: Lee E. Graf, Chief of Police

Department: Police Contact: 937-324-7720

Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:

Summary: It is respectfully requested that the City Commission authorize the Chief of Police and the City Manager authority to accept a donation of two new body shields. One manufactured by Hardwire, LLC, serial number SR21-116677, valued at $2,411.94 and the second manufactured by Venture Ballistics, serial number TRT3 750, valued at $1,700; and further authorize the Finance Director, Chief of Police and City Manager to perform all acts and execute all documents they consider necessary to accept the donation and to comply with all relevant local and state requirements.

Justification for Emergency Action: (use reverse side if needed) I respectfully request approval for an Emergency Ordinance for the August 17, 2021 agenda so as not to delay the acceptance and use of the donated items, as needed by the Springfield Police Division for Law Enforcement purposes.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Total Cost:

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Authorizing the acceptance of a donation from the Springfield Citizens Police Academy Alumni Association of two (2) new body shields, with a total value of $4,111.94; and declaring an emergency therein.

...oooOOOooo... WHEREAS, the Springfield Citizens Police Academy Alumni Association wishes to make a donation to the City of two (2) new body shields; one Hardwire body shield valued at $2,411.94 and one Venture Ballistics body shield valued at $1,700.00, for a total value of $4,111.94; and WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid delay of acceptance of the body shields, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. The Chief of Police and the City Manager are authorized to accept a donation from the Springfield Citizens Police Academy Alumni Association of two (2) new body shields; one Hardwire body shield valued at $2,411.94 and one Venture Ballistics body shield valued at $1,700.00, for a total value of $4,111.94. Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this _________ day of _________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION

Request for Commission Action City of Springfield, Ohio

Item Number:___036-21___ Agenda Date: 08/17/2021 Today's Date: 08/5/2021

Subject: Weed Cutting Contract Not to Exceed Amount Increase

Submitted By: Shannon Meadows

Department: Community Development Contact: Stephen Thompson, 324-7674

Prior Date of Prior Ordinance/Resolution: 21-62 Ordinance/Resolution: March 2, 2021

Summary: Respectfully requesting the City Commission to modify the existing contract by increasing the Not to Exceed amount for Miller’s Property Service, LLC from $50,000 to $80,000 and confirm and approve all expenditures back to August 5, 2021.

Justification for Emergency Action: (use reverse side if needed) Emergency action is requested so there is no interruption in the abatement of high grass and noxious weeds enforcement activity throughout neighborhoods within the city.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Community Development/Code Enforcement Various 740001-4070 $30,000.00 Total Cost: $30,000

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO._________________ Authorizing the City Manager to enter into Amendment No. 1 to the contract with Miller’s Property Service, LLC for weed cutting and lot clearing services as needed by the City, to increase the contract in an amount not to exceed $30,000.00 for a total amount not to exceed $80,000.00; confirming and approving related expenditures from August 5, 2021 to the passage of this Ordinance; and declaring an emergency therein.

...oooOOOooo... WHEREAS, pursuant to Ordinance No. 21-62, the City entered into a contract with Miller’s Property Service, LLC for weed cutting and lot clearing services as needed by the City; and WHEREAS, the City and Miller’s Property Service, LLC now wish to modify certain provisions of the contract to their mutual benefit; and WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid an interruption in services, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That the City Manager is hereby authorized to enter into Amendment No. 1 to the contract with Miller’s Property Service, LLC for weed cutting and lot clearing services as needed by the City, to increase the contract in an amount not to exceed $30,000.00 for a total amount not to exceed $80,000.00. Section 2. That related expenditures incurred from August 5, 2021 to the passage of this Ordinance are hereby confirmed and approved. Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this ________ day of __________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION

Request for Commission Action City of Springfield, Ohio

Item Number:___217-21___ Agenda Date: 08/17/2021 Today's Date: 08/10/2021

Subject: IHN Emergency Shelter Security Assistance

Submitted By: Shannon Meadows

Department: Community Development Contact: Shannon Meadows x7381

Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:

Summary: Our community continues to endure the effects of the displaced housing crisis. Over 340 individuals are in emergency shelter operated by Interfaith Hospitality Network at this time. Those being sheltered are in various non-congregate facilities within the City and Clark County. IHN currently has a contract for additional security assistance with the Clark County Sherriff’s Office and has the pressing need for additional security within the non-congregate facilities. As a part of the City’s contribution to the displaced housing response, Community Development staff respectfully requests commission consider emergency action to provide $100,000 in year one, with two options to renew at $100,000 per year for up to two additional years ($300,000 total) for additional security costs for IHN operations and services. The funds will be provided through the American Recovery Plan. IHN will directly manage the security contracts and will be compelled to comply with all cross cutting regulations associated with the use of ARP funding.

Justification for Emergency Action: (use reverse side if needed) Emergency Action is requested so that IHN may secure additional security services at the earliest possible time. The City Commission passed an emergency resolution declaring homelessness a public health crisis on October 6, 2020. Since the declaration, the number of individuals and families needing emergency shelter has not decreased. As the community continues to work daily to respond and support the current housing crisis, it is critical to provide the infrastructure and support to provide emergency shelter in the safest manner possible.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Community Development ARP $100,000 (yr 1) $100,000 (yr 2) $100,000 (yr 3) Total Cost: $300,000

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into a Subrecipient Funding Agreement (ARPA SLFRF Funding for Security Assistance at Emergency Shelters) with Interfaith Hospitality Network, Inc. (“IHN”) to provide funding for security assistance at non-congregate emergency shelters for an amount not to exceed $300,000.00 over a three-year period; authorizing the City Manager, Law Director and the Director of Finance to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Subrecipient Funding Agreement, and to comply with all relevant local, state and federal legal requirements; and declaring an emergency therein.

...oooOOOooo... WHEREAS, the City is the recipient of federal Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) through the American Rescue Plan Act (“ARPA”); and WHEREAS, the City continues to endure the effects of the displaced housing crisis created by the Coronavirus Pandemic and wishes to utilize ARPA SLFRF to assist IHN with providing additional security services at emergency non-congregate shelters, which are seeing an increase in violence; and WHEREAS, it is necessary that this Ordinance become effective immediately in order to provide emergency assistance to Interfaith Hospitality Network, Inc. at the earliest possible time, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That this Commission hereby adopts the findings set forth in the recitals to this Ordinance and makes them a part hereof. Section 2. That the Subrecipient Funding Agreement (ARPA SLRFR Funding for Security Assistance at Emergency Shelters), in a form substantially similar to the copy attached hereto, with Interfaith Hospitality Network, Inc. to provide funding for security assistance at non-congregate emergency shelters, for an amount not to exceed $300,000.00 over a three-year period, is hereby authorized. Section 3. That the City Manager, Law Director and the Finance Director are authorized to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said Subrecipient Funding Agreement and to comply with all relevant local, state and federal legal requirements.

Section 4. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.

PASSED this ________ day of _________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION

SUBRECIPIENT FUNDING AGREEMENT (ARPA SLFRF FUNDING FOR SECURITY ASSISTANCE AT EMERGENCY

SHELTERS) This Subgrant Agreement (the “Agreement”) is entered into on __________2021, between THE CITY OF SPRINGFIELD, OHIO (the "City") whose mailing address is 76 E. High Street, Springfield, Ohio 45503 and INTERFAITH HOSPITALITY NETWORK, INC. (the “Subrecipient”), an Ohio not-for-profit corporation, whose mailing address is 501 W. High Street, Springfield, Ohio 45504.

1. Recitals and Background.

a. The City is the recipient of federal funds under the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) of the American Rescue Plan Act (Public Law 117-2) (“ARPA”) to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery; and

b. Subrecipient wishes to secure additional security services at the earliest possible time due to a pressing need in non-congregate facilities. The City continues to endure the effects of the displaced housing crisis created by the pandemic. An increase in violence is an additional negative impact on the community created by the public health emergency. It is critical to provide the infrastructure and support to provide emergency shelter in the safest manner possible; and

c. The City may allocate ARPA SLFRF funding to grantees, provided that

grantees spend the allocated APRA SLFRF funding in accordance with the ARPA SLFRF requirements and the provisions of this agreement; and

d. The Parties agree that it is necessary and required that the City and the

Subrecipient enter into this Agreement for the administration and implementation of said activity.

2. Agreement.

The Parties to this Agreement hereby agree as follows:

a. Compensation.

i. The City shall compensate Subrecipient for all expenditures made in accordance with the schedule set forth. In no event shall compensation paid to Subrecipient under this Agreement exceed the maximum sums for the following activities:

Security Services at Non-Congregate Facilities

Year 1 of Agreement $100,000

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Year 2 of Agreement $100,000 Year 3 of Agreement $100,000 Security Services Not to Exceed $300,000

ii. Subrecipient acknowledges that this activity is being funded by a grant through the Federal Government to address the negative impacts of the public health emergency. These funds cannot be substituted for other federal, state, or local funds.

iii. Subrecipient also acknowledges that there are no other funds,

public or private, that are available for this specific activity. Should funds, public or private become available, these funds will be used so as to prevent a duplication of benefit among or between varied sources of funds.

iv. The City will utilize the ARPA SLFRF funding for the entirety of this

Agreement unless modified in writing and executed by the Parties hereto.

b. Scope of Service.

i. Subrecipient certifies that it will utilize the funding provided by the City for security services at non-congregate emergency shelters.

ii. Subrecipient hereby agrees that it will abide by all restrictions and

reporting mechanisms required by the utilization of ARPA funding as modified from time to time.

c. Time of Performance.

Subrecipient shall carry out the activity described herein during the period commencing with the date first above written and continuing on an annual basis through September 1, 2024.

d. Method of Payment.

i. The City shall reimburse Subrecipient for proper expenditures up to a maximum of $100,000 annually for a period of 3 years (totaling $300,000).

ii. The City agrees to reimburse Subrecipient for authorized expenditures for which vouchers and other similar documentation to support payment expenses are maintained under those generally accepted accounting principles (“GAAP”) and procedures approved by the City and outlined in 24 CFR Part 85 and 2 CFR Part 200.

iii. Payment shall be made within thirty (30) days of receipt by the City

of all documentation required by the City of Subrecipient verifying the amount and nature of Subrecipient’s expenditures.

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iv. If upon completion of performance of this Agreement, the

authorized expenditures have accumulated to less than $100,000 annually and/or $300,000 in total, then Subrecipient shall reimburse to the City a sum equal to the difference between the total sum paid by the City to Subrecipient and the total authorized expenditures.

e. Compliance with Regulations. Subrecipient will comply with all applicable federal cross cutting regulations governing ARPA SLFRF funding as amended from time to time.

f. Maintenance and Availability of Records.

i. In connection with the Agreement, Subrecipient shall maintain all accounting and client records and documents, papers, maps, photographs, other documentary materials, and any evidence pertaining to cost incurred, as more fully described in 24 CFR Part 579, Section 576.87, which is on file with the City’s Community Development Department and made a part hereof as if fully rewritten.

ii. Such records shall be furnished and available for inspection by government entities or any authorized representative of the City.

iii. Such records shall be available for at least five (5) years from the

date of final payment and shall be available at Subrecipient’s offices at all reasonable times.

iv. If a claim, investigation or litigation is pending after what is

assumed to be final payment, that, in effect cancels the final payment date.

v. The retention period will not begin until final settlement and

conclusion of the claim, investigation or litigation.

g. Termination. i. The City may terminate this Agreement and such additional

supplemental agreements hereafter executed, in whole or in part, and may recover any funds pertaining to this agreement at its discretion if Subrecipient:

A. violates any provision of this Agreement; or B. violates any provision of the Stewart B. McKinney

Homeless Assistance Act or Hearth; or C. violates any applicable regulations or terms and

conditions of approval of the applications which the

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United States Treasury Department has issued or shall subsequently issue during the period of this Agreement; or

D. fails to complete performance in a timely manner.

ii. The City may also terminate this Agreement with the consent of the Subrecipient, in which case the two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated.

iii. The Subrecipient may terminate this Agreement for cause upon written notification to the City, setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated; provided, however, if, in the case of a partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety under either paragraphs (i) or (ii) of this section

h. Alternative Dispute Resolution.

i. Any controversy or claim arising out of, or relating to, this Agreement or the breach thereof, shall be settled by arbitration in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction.

ii. It is agreed that any and all proceedings conducted in arbitrating any dispute under this Agreement shall be held in Springfield, Ohio.

i. Independent Contractor. i. It is agreed that IHN shall have the status of an independent

contractor under this Agreement.

ii. IHN will pay and make all required filings in connection with state, city and federal payroll taxes, social security contributions and workers' compensation and unemployment insurance premiums or any other required payments of filings in connection with the engagement of any persons or firms IHN may use in performing its responsibilities under this Agreement.

j. Compliance with Requirements.

i. IHN warrants that all operations conducted by or pursuant to this Agreement shall be in complete compliance with all federal, state and local constitutions, charters, statutes, ordinances, rules and regulation of whatever nature.

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ii. Warning: It is unlawful for officials and employees of City to receive gratuities.

k. Indemnity. Subrecipient agrees to indemnify the City from any liability and

to save the City harmless from any damage which the City may suffer as a result of acts or omissions of Subrecipient or any employee or agent of Subrecipient.

l. Waiver or Omission. Failure of City to complain of any act or omission on the part of Subrecipient, no matter how long the same may continue, shall not be deemed to be a waiver by City of any of its rights hereunder. No waiver by City at any time, expressed or implied, of any breach of any provision of this Agreement shall be deemed a waiver of a breach of any other provision of this Agreement or a consent to any subsequent breach of the same or any other provision.

m. Entire Agreement. This Agreement constitutes the entire understanding of

the parties and shall not be altered, changed, modified, or amended except by similar instruments in writing, executed by the parties hereto.

n. No Assignment. It is agreed that none of the parties shall have the right at

any time to assign its interest in and to this Agreement without the written consent of the other party.

o. Binding Agreement. This Agreement is binding upon and inures to the benefit of the parties hereto, their respective legal representatives, successors and assigns.

p. ADA Compliance. Subrecipient shall fully comply with all applicable

provisions of the Americans with Disabilities Act of 1990 and all regulations issued in connection therewith.

q. Signatures. The Parties, by signing below, agree to have read,

understand and to be bound by the terms, conditions and requirements of this Agreement.

[Signatures to follow]

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APPROVED AS TO FORM AND CORRECTNESS: Jill N. Allen, Law Director ______________________ By: Jason T. Irick, Assistant Law Director

THE CITY OF SPRINGFIELD, OHIO BY:_____________________________ Bryan Heck, City Manager

Date _________________________

I hereby certify that the money required for payment of the above obligation in the sum of $_______________________ at the time of the making of this contract or order, was lawfully appropriated for such purpose and was in the treasury or in process of collection to the credit of the proper item of appropriation free from any previous encumbrance. _____________________________ Mark Beckdahl, Finance Director

INTERFAITH HOSPITALITY NETWORK (IHN) BY:__________________________ Elaina Bradley, Executive Director

Request for Commission Action City of Springfield, Ohio

Item Number:___217-20___ Agenda Date: 08/17/2021 Today's Date: 08/10/2021

Subject: Amendment Number 2 to CCCHD Subrecipient Funding Agreement for COVID-19 testing services

Submitted By: Shannon Meadows

Department: Community Development Contact: Shannon Meadows x7381

Prior Date of Prior Ordinance/Resolution: 20-298 Ordinance/Resolution: 12/8/2020

Summary: The City of Springfield and CCCHD have a subrecipient funding agreement in place to assist with the cost of COVID-19 testing for low and moderate income individuals in Springfield, Ohio. In an effort to best respond to the changing environment created by COVID-19, and with the definitive confirmation of the presence of the COVID-19 Delta Variant in Springfield, Ohio it is necessary to amend the existing contract by:

Confirming and approving all expenditures under the previous and new work plan and budget to July 7, 2020

Extending the contract completion date to July 15, 2022

Replacing Attachment 1 Work Program with Attachment 1B (Replacement) Work Program

Replacing Attachment 2 Budget with Attachment 2B (Replacement) Budget

Replacing Attachment 3 Reporting Requirements with Attachment 3B (Replacement) Reporting Requirements

Justification for Emergency Action: (use reverse side if needed) Emergency Action is requested so CCCHD may continue with testing activities throughout the community, and specifically at no charge for low and moderate income individuals in Springfield, Ohio. CCCHD has had to adjust planning, preparation, response and support throughout the entire time of the COVID-19 pandemic. The need to stand up testing facilities once again is imperative to respond to and prevent the spread of COVID-19 and particularly the Delta variant which has now been definitely confirmed to be present in the City of Springfield with increased hospitalizations.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Community Development CDBG-CV $0.00 Total Cost: $250,000.00

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into Amendment No. 2 to the Subrecipient Funding Agreement with the Clark County Combined Health District to modify the agreement attachments and to extend the period of performance to July 15, 2022; and declaring an emergency therein.

...oooOOOooo... WHEREAS, a Subrecipient Funding Agreement [Clark County, Ohio] with the Clark County Combined Health District was entered into July 7, 2020, pursuant to the Mayoral Proclamation and Executive Order issued on March 16, 2020, and amended pursuant to Ordinance No. 20-298; and WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid an interruption in COVID-19 testing services provided by the Clark County Combined Health District, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That the City Manager is hereby authorized to enter into Amendment No. 2 to the Subrecipient Funding Agreement, a copy of which is attached hereto and is hereby approved, with the Clark County Combined Health District to modify the agreement attachments and to extend the period of performance to July 15, 2022. Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this ________ day of _________________________, A.D., 2021.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION

SUBRECIPIENT FUNDING AGREEMENT AMENDMENT #2

[Clark County, Ohio]

This Subgrant Funding Agreement Amendment #2 (the "Amendment"), made this _______________________ will modify the Subrecipient Funding Agreement (the "Original Agreement") made effective July 7, 2020 and amended December 9, 2020, by and between THE CITY OF SPRINGFIELD, OHIO (the "City") and Clark County Combined Health District, whose mailing address is 529 E. Home Road, Springfield, Ohio 45503 (the "Subrecipient"):

1. Recitals and Background

a. Subrecipient and City seek to again amend the Original Agreement to extend the

period of performance from the amended end date of December 31, 2021, to a new end date of July 15, 2022; and

b. Subrecipient and City seek to modify the testing work plan to better identify and

combat the spread of the Delta variant of the COVID19 disease in our community; and

c. Subrecipient and City seek to modify and replace the budget of the Original

Agreement, as amended, to permit the Subrecipient ample resources in combating an ever evolving disease variants of COVID19; and

d. Subrecipient and City seek to modify and replace the reporting requirements of the

Original Agreement, as amended; and e. City receives the request for the above modifications and consents; and f. Therefore, it is necessary that the City and the Subrecipient execute this

Amendment in good faith to implement the above modifications for the Original Agreement as amended.

NOW, THEREFOREF the parties do hereby agree to amend the Original Agreement pursuant to Section 6 as follows:

2. Amending language:

a. Section 2. D. Time of Performance, of the Original Agreement, as amended, be and hereby is amended to read as follows:

Time of Performance. This agreement shall take effect from the Execution Date and continue through and including December 31, 2021 July 15, 2022.

b. Attachment 1: Work Program of the Original Agreement is hereby replaced with Attachment 1B: Work Program, attached hereto and incorporated herein.

c. Attachment 2: Budget of the Original Agreement is hereby replaced with Attachment 2B: Budget, attached hereto and incorporated herein by reference.

d. Attachment 3: Reporting Requirements of the Original Agreement is hereby replaced by Attachment 3B: Reporting Requirements, attached hereto and incorporated herein by reference.

3. Remainder Unchanged: Any clauses or requirements not specifically replaced or

addressed herein through this Amendment #2 or attachments hereto are to remain in full force and effect.

The Parties to this Amendment hereto agree to the amended changes to the Original Agreement as amended and by signing below intend to be bound by their respective signatures below.

Approved as to form and correctness:

Assistant Law Director

The City of Springfield, Ohio

Bryan Heck, City Manager

Clark County Combined Health District By: Charles Patterson, R.S., MBA Health Commissioner

Attachment 1B: Work Program Clark County Combined Health District

COVID-19 Testing Public Services Project

Parties and Authorities: The Clark County Combined Health District (CCCHD) provides public health services for the citizens of Springfield and Clark County. The mission of CCCHD is to protect and improve the health of the community through: promotion of wellness, prevention of injury, and prevention of disease. As such, the CCHD is the lead public entity in the COVID-19 pandemic response and communication. Community Need and Background: The COVID-19 crisis continues to unfold in Springfield, Ohio. As a result of the continuing changes with COVID-19 and subsequent variants of the disease, it is necessary to replace the previous Attachment 1 Work Program for this agreement originally approved in July 2020. COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person, and is mutating into variants. The virus is spread between individuals who are in close contact with each other (within about six feet) through respiratory droplets produced when an infected person coughs or sneezes. As of August 3, 2021 the Clark County Combined Health District and the Ohio Department of Health have definitively confirmed COVID-19 Delta variant in Springfield and Clark County. As such, efforts to respond to the new rise in COVID-19 cases causes the need to continually shape approach; therefore, a new work program will replace the former. On March 9, 2020, Mike DeWine, Governor of the State of Ohio declared a state of emergency of the entire State to protect the well-being of Ohio citizens from the dangerous effects of COVID-19. On March 13, 2020, the Present of the United States declared a nationwide emergency exists for the State of Ohio, beginning on January 20, 2020 as a result of COVID-19 (FECMA-3457-EM-OH), and subsequently on March 31, 2020, the President also declared a major disaster for the State of Ohio (FEMA-4507-DR-OH). On March 14, 2020, the Director of the Ohio Department of Health (ODH) issued orders prohibiting all mass gatherings in the State of Ohio and closing all K-12 schools. On March 16, 2020, the City of Springfield declared a state of emergency due to the COVID-19 pandemic. On March 16, 2020, Clark County Commissioners declared a state of emergency. On July 7, 2020, the Springfield City Commission entered into a sub recipient funding agreement with the Clark County Combined Health District, pursuant to Mayoral Proclamation and Executive Order issued on March 16, 2020, to provide Community Development Block Grant - COVID funds pursuant to Tittle I of the Housing and Community Development Act of 1974 and 1977, as amended, to support COVID-19 testing services and supplies for Low and Moderate Income Individuals, and within Low and Moderate Income Areas in Springfield. On December 9, 2020, the Springfield City Commission authorized amendment number one to the sub recipient funding agreement with the Clark County Combined Health District by

Ordinance Number 20-298 to extend the agreement through December 31, 2021. In July 2021, COVID-19 Delta variant was sequenced in the State of Ohio. On August 3, 2021 COVID-19 Delta variant was definitely confirmed in Clark County, Ohio along with an exponential rise in confirmed COVID-19 cases within Springfield and Clark County. Community Need:

1. COVID-19 and COVID-19 variants are present in Springfield, Ohio 2. Strategic testing based on good data is key to addressing community spread of COVID-

19 and its variants 3. Persons infected with COVID-19 or suspected of being infected by COVID-19 is not

dependent upon income, but income is a barrier to testing and addressing the COVID-19 and variant infections.

4. Testing and associated expenses for testing, regardless of ability to pay or other medical barriers, is critical.

Deliverables: The CCHD and City will work together to coordinate testing within the City of Springfield in direct proximity to areas of most need. Funds received by the City of Springfield from HUD as Community Development Block Grant-CV funds will be utilized to prevent, prepare for, and respond to the COVID-19 pandemic. These activities, categorized as Public Service activities, will provide funds for testing low income individuals.

1. CCCHD will provide both Rapid and PCR testing (inclusive of all associated costs),

when medically appropriate, at no charge to low and moderate income individuals in the City of Springfield.

2. Increased testing data will allow CCCHD to better understand and reduce the instances of community spread.

Testing and access to free identification of COVID will enhance the community’s response by allowing for more efficient and effective isolation and quarantine of known or suspected cases or contacts. Therefore, as the lead agency in the response to the COVID-19 pandemic in Springfield, Ohio CCCHD shall be able to utilize the subrecipient funds to conduct and perform tests in locations and manners best suited to respond to and prevent continued spread of COVID 19.

Attachment 2B: Budget Work Program Budget

Clark County Combined Health District A. COVID-19 testing services and associated costs $225,000.00 B. Supplies $ 25,000.00

Total: $250,000.00

Note: Funds provided under this contract CANNOT be used to pay for or otherwise provide food, beverages, entertainment, or alcohol.

Attachment 3B: Reporting Requirements

Reporting Requirements Clark County Combined Health District

As part of the Funding Agreement between the City of Springfield and the Clark County Combined Health District (CCCHD), CCCHD agrees to compile reporting documents which will allow the City to fulfill the requirements of the funding received from the Department of Housing and Urban Development (HUD). The reporting requirements will not ask for information that is in violation of HIPPA laws and requirements. The reports are due by the 15th of each month for the preceding month. The reports shall contain, at a minimum, the following information: Monthly Report

1. Detail activities of each testing site over the course of the month; how many tests were performed, how many positive cases were reported, how many tests benefited low-or-moderate income individuals. Additionally, provide certification that costs being invoiced under this contract were direct benefit to low and moderate income individuals residing in Springfield, Ohio;

2. Report other tasks performed in connection with the testing operations. Provide aggregate information on outreach and resources provided.

3. Provide information outlining the progress or lack of progress for proposed activities. Include any problems encountered and recommendations for overcoming those problems.

Final Report

1. A final report for the project will be due to the City's Community Development Director within thirty (30) days of the program's completion date. The final report will include:

a. A summary compilation of the above listed information. b. In narrative form, describe any problem, delay or adverse condition that occurred

during the project period, as well as a statement of the actions taken or considered to resolve the situation.

c. In narrative form, describe any favorable developments that enabled the project to meet or exceed projected goals.

NOTE: All program files and documentation must be made available to City or Federal authorities monitoring the program and must be maintained by the CCCHD for a period of not less than five (5) years following project completion.