Why are we stillpaying for the EPA clean up of this property?

When is City Hall going to start cleaning up the Hydraulic Canalwith the $250,000 in funds that Miss Judy promised several years ago?

LEGISLATION ITEM 6

ORDINANCE NO. O2015-56

AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING ANADDENDUM TO A CONTRACT WITH ENVIRONMENTAL FIELD SERVICES FOR ENVIRONMENTAL WORKTO BE PERFORMED AT THE FORMER AERONCA PROPERTY AND DECLARING AN EMERGENCY.

WHEREAS, the City of Middletownentered into a OEPA Voluntary Action Program on the former Aeronca property;and

WHEREAS, City Council authorized a contract withEnvironmental Field Services for installing new monitoring wells and bollardsby consent on January 6, 2015; and WHEREAS, during the installation it wasdetermined that additional work was necessary, which included the installationof 18 bollards, 31 feet of well materials and 23 55 gallon drums for disposalof soil cuttings; and

WHEREAS, this additional work has created additional costsin completing the project; NOW, THEREFORE, BE IT ORDAINED, by the City Councilof the City of Middletown, Butler/Warren Counties, Ohio that: Section 1 TheCity Manager, without complying with the procedures of Chapter 735 of the OhioRevised Code is hereby authorized to enter into an addendum to the contractwith Environmental Field Services to pay the additional costs of the labor andmaterials needed to complete the project. Section 2 For said purpose the Directorof Finance is hereby authorized and directed to pay a sum not to exceed $2,515.00 from the Wellfield ProtectionFund (Fund # 546). Section 3 City Council hereby determines that theprocedure to be followed in the award and execution of the aforesaid contractshall consist solely of the procedure set forth in this ordinance and theprovisions of Chapter 735 of the Ohio Revised Code shall not be applicable tothe award and execution of the aforesaid contract. Section 4 This ordinance isdeclared to be an emergency measure necessary for the immediate preservation ofthe public health, safety and general welfare, to wit: to allow the contractorto be promptly paid for the work which has been completed, and shall takeeffect and be in force from and after its adoption._____________________________ LawrenceP. Mulligan, Jr., Mayor Adopted:__________________

Attest: _________________________ Clerk of the City CouncilH:/Law/Leg/2015 Leg/O Environmental Field Services Change Order 1.doc

S T A F F R E P O R T

For Business Meeting of October 20th, 2015 DATE: October 7,2015

TO: Douglas Adkins, City Manager

FROM: Scott Tadych, Public Works and Utilities Director

Prepared by: Scott Belcher, Treatment Plant Manager

PURPOSE To modify the contract with Environmental FieldServices, Inc. for additional work performed during installation of the newmonitoring wells and bollards.

BACKGROUND and FINDINGS Environmental Field Services, Inc.(EFS) was awarded a contract in the amount of $56,184 by Consent Agenda at theJanuary 6th, 2015 City Council Meeting to install 20 new monitoring wells thatare needed as part of the OEPA Voluntary Action Program for the former Aeroncaproperty now owned by the City of Middletown. It was determined duringinstallation that 18 additional bollards were needed to protect the monitoringwells. Also, 31 feet of additional well materials were necessary duringinstallation and 23 additional 55 gallon drums were needed for proper disposalof soil cuttings. All additional work was performed at unit prices in theoriginal bid.

ALTERNATIVES N/A FINANCIAL IMPACT The cost of the additionalwork totals $2,515.00. Funds are available and appropriated in the WellfieldProtection (546.990.52480). EMERGANCY/NON-EMERGENCY Emergency legislation isrequested to pay the contractor immediately for work already performed.

MIDDLETOWN CITY COUNCIL AGENDA

TUESDAY, October 20, 2015

MEETING – 5:30 pm – COUNCIL CHAMBERS – LOWER LEVEL

1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG

2. ROLL CALL

3. PRESENTATION- Sister City Proclamation

4. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS

5. CITY MANAGER REPORTS 2016 Budget Presentation – PublicSafety 6. CONSENT AGENDA. . . Matters listed under the Consent Agenda areconsidered to be routine and will be enacted by one motion and one vote ofconsent. There will be no separate discussion of these items. If discussion isdesired, that item will be removed and considered separately.

(a) Approve City Council Minutes: October 6, 2015

(b) Receive and File Board & Commission Minutes: LibraryBoard- April 21, May 19, June 16 & July 21, 2015 Historic Commission- July23, 2015

(c) Confirm Personnel Appointments: Terry Phipps- Part-timeBus Driver Joseph Rose- Mechanic

(d) Receive and File Oath of Office: Timothy Sorrell

(e) To approve the purchase of a liquid phosphate (SodiumHexametaphosphate) for use at the Water Treatment Plant from Bonded Chemicals,Inc., of Columbus, OH, in the amount of $5.52/gallon for the estimated usage of7,400 gallons (approximately $40,848).

(f) To approve the purchase of Ferric Sulfate from KemiraWater Solutions, Inc., of Lawrence, KS, for use at the Wastewater TreatmentPlant in the amount of $1.32/gal. for the estimated usage of 53,000 gallons($70,000).

COUNCIL COMMENTS

 LEGISLATION

1. Resolution No. R2015-36, a resolution to make adjustmentsto appropriations for current expenses and other expenditures of the City ofMiddletown, Counties of Butler and Warren, State of Ohio, for the period endingDecember 31, 2015 (General Fund) (2nd Reading)

2. Resolution No. R2015-37, a resolution to make adjustmentsto appropriations for current expenses and other expenditures of the City ofMiddletown, Counties of Butler and Warren, State of Ohio, for the period endingDecember 31, 2015 (UDAG Fund). (2nd Reading)

3. Ordinance No. O2015-53, an ordinance authorizing the CityManager to enter into a contract with the Ohio Department of Transportation forthe 2016 Urban Paving Program. (2nd Reading)

4. Ordinance No. O2015-54, an ordinance establishing aprocedure for and authorizing an extension of the contract with ABL Management,Inc. for jail food service. (2nd Reading)5. Ordinance No. O2015-55, an ordinance dedicating right-of-way and acceptingthe dedication of right-of-way. (2nd Reading)

6. Ordinance No. O2015-56, an ordinance establishing aprocedure for and authorizing an addendum to a contract with EnvironmentalField Services for environmental work to be performed at former Aeroncaproperty and declaring an emergency.

7. Ordinance No. O2015-57, an ordinance authorizing acollective bargaining agreement with the International Association ofFirefighters, Local #336 for the years January 1, 2015 through December 31,2017 and declaring an emergency. (No action requested until November 3, 2015)

8. Ordinance No. O2015-58, an ordinance establishing aprocedure for and authorizing a contract with Polydyne, Inc. for the purchaseof polymer for use at the Waste Water Treatment Plant for the year 2016. (1st Reading)