City Council

City of Middleburg Heights, Ohio Council Agenda March 11,2025 6:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Public Hearing of February 25,2025 Minutes of the Regular Meeting of February 25,2025 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES. RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee - Mr. Bortolotto, Chairman 3. Legislation & Rules Committee - Mr. Zakel, Chairman 4. Public Health, Safety & Relief Committee - Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee - Mr. Ference, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director ADJOURNMENT  City of Middleburg Heights, Ohio MARCH 11,2025 Council Agenda PAGE 2 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance authorizing the mayor and finance director to enter into a contract with Zambelli Fireworks Manufacturing Company. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor to enter into an agreement with Baumann Enterprises, Inc. for the abatement and demolition of the former Sears building. INTRODUCED BY COUNCILMAN MEANY An Ordinance accepting the plat and street dedication for a certain portion of Sheldon Road as shown on the dedication plat. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to enter into an agreement with OHM Advisors for the Central Park Project - Phase 1 A. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to enter into an agreement with Civil & Environmental Consultants, Inc. (CEC) to serve as owner’s representative on the Transformational Grant- Funded Brownfield Project at the former Sears Properties. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to sign an agreement with the City of Strongsville for prisoner housing services.  DELIVERED MAR 0 6 2025 City of Middleburg Heights, Ohio Ordinance No. 2025- Introduced by: Mr. Bortolotto. Mr. Meanv, and Mr. Fercnce AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH ZAMBELLI FIREWORKS MANUFACTURING COMPANY WHEREAS, the City’s purchasing policy requires City Council approval on any single purchase of products or services exceeding $25,000 or any professional service contract exceeding S10,000, with the exception of items purchased through or at an amount equal to an approved cooperative purchasing agreement; and WHEREAS, the City desires to retain the services of a competent and qualified contractor to provide certain products/services to the City; and WHEREAS, Zambelli Fireworks Manufacturing Company is competent and qualified to furnish products and/or services to the City and has provided a responsive and responsible proposal, and desires to provide the fireworks display for the 2025 Summer in the City Fest. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY, STATE OF OHIO: Section 1. That the Mayor and Finance Director is hereby authorized to enter into a contract with Zambelli Fireworks Manufacturing Company to provide certain products and/or services to the City, a copy of which is attached hereto and marked “Exhibit A”. Section 2. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST; CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE ZAKEL  ZAMBELLI FIREWORKS MANUFACTURING CO. THIS CONTRACT AND AGREEMENT (this "Contract") is made effective as of this A*** day of February 2025, by and betwreen: ZambelliFireworks Manufacturing Co. of Cranberry Township, Pennsylvania (hereinafter referred to as "Zambelli"), ●AND- The City of Middleburg Hts., Ohio (hereinafter referred to as "Client"). WHEREAS, Zambelli is in the business of designing and performing exhibitions and displays of fireworks; and WHEREAS, Client desires that Zambelli provide an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof, and Zambelli desires to perform an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof. NOW, THEREFORE, in consideration of the mutual agreements herein contained: Zambelli, intending to be legally bound, agrees as follows: 1. Zambelli agrees to sell, furnish and deliver to Client a fireworks display [per the program submitted by Zambelli to Client, accepted by Client and made a part hereof] (hereinafter referred to as the "Display") to be exhibited on the display date set forth below (hereinafter referred to as the "Display Date"), or on the postponement date set forth below (hereinafter referred to as the "Postponement Date") if the display is postponed as provided herein, which Display Date and Postponement Date have been agreed upon at the time of the signing of this contract. Display Date: June 14,2025 Postponement Date: June 15.2025 2. Zambelli agrees to furnish the services of display technicians (hereinafter referred to as "Display Technicians") who are sufficiently trained to present the Display. Zambelli shall determine in its sole discretion the number of Display Technicians necessary to take charge of and safely present the Display. 3. Zambelli agrees to furnish insurance coverage in connection with the Display for bodily injury and property damage, including products liability, which insurance shall include Client as additional insured regarding claims made against Client for bodily injury or property damage arising from the operations of Zambelli in performing the Display provided for in this Contract. Such insurance afforded by Zambelli shall not include claims made against Client for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 5 and 5 below. Client shall indemnify and hold Zambelli harmless from all claims and suits made against Zambelli for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 5 and 6 below. Client, intending to be legally bound, agrees as follows: 4. Client agrees to pay Zambelli the sum of $28,(XX).00 (hereinafter referred to as the "Purchase Price"), fifty percent (50%) of which is due upon signing this Contract and the balance of which is due at noon three (3) days prior to the Display Date. All credit card payments will be subject to a 3.9% surcharge. Zambelli reserves the right to add to Client's invoice an equitable transportation surcharge in the event of any material increase in transportation costs (including the cost of fuel and third party shipping costs) to Zambelli after the date of this Contract. In addition. Client agrees to pay a postponement fee of fifteen percent (15%) of the Purchase Price plus Additional Third Party Charges (as defined in paragraph 11 below) if the Display is fired on the Postponement Date, or twenty-five percent (25%) of the Purchase Price plus Additional Third Party Charges if the Display is fired on a date other than the Display Date or the Postponement Date ("Alternate Date"). The Alternate Date must occur within six months of the original Display Date at a time agreeable to both Zambelli and the Client. Generally, Alternate Dates will not include the period from June 28’*' through July T***. Checks shall be made payable to Zambelli Fireworks Manufacturing Co., unless otherwise authorized in writing by  Zambelii. NO CASH shall be paid to any agent or employee of Zambelli, unless otherwise authorized in writing by Zambelli. There shall be no refund of the Purchase Price due and payable under this paragraph 4, except as specifically provided in paragraph 11 below. 5. Client agrees to meet all deadlines including but not limited to the following: (a) Client must select a suitable place for the Display, including a firing and debris zone reasonably acceptable to Zambelli (hereinafter referred to as the "Display Area") and submit such selection to Zambelli no later than sixty (60) days prior to the Display Date. The Display Area shall adhere to or exceed applicable National Fire Protection Association ("NFPA") standards including the Zambelli guideline that the Display Area have a radius of at least 100 feet per inch (or as mutually agreed to between Zambelii and Client) of the largest diameter pyrotechnic from the firing site in all directions to any parking area, spectators, inhabited buildings, public roads, or active railroad. Client shall submit a site map (attached hereto as Exhibit A) to Zambelli accurately representing the physical characteristics of the Display Area as pertains to NFPA and Zambelli guidelines. The content of the Display may be limited by the selection of the Display Area due to the requirement to provide sufficient safety zones. 6. Zambelli will secure all permits necessary for the Display as required, including but not limited to police, local, state permits and arrange for any security bonds or insurance as required by law. In addition, Zambelli will notify and obtain permission from the FAA and United States Coast Guard, when necessary. Client will assist Zambelli when appropriate in completing permit applications, 7. if the Display is choreographed to music, the final selection of the music must be submitted to Zambelli by Client no later than ninety (90) days prior to the Display Date. 8. If, in its sole discretion. Client designates an area for members of the public to view the Display (hereinafter referred to as the "Spectator Area”) or an area for vehicular parking (hereinafter referred to as the "Parking Area"), Client shall (a) ensure that the Spectator Area does not Infringe on the Display Area, (b) have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including but not limited to grandstands and bleachers are safe for use by spectators, (c) have sole responsibility for ensuring that the Parking Area is safe for use, (d) have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that Zambelii shall not inspect any area other than the Display Area, except to ensure that any Spectator or Parking Areas are outside the Display Area. 9. Prior to, during, and immediately following the Display, Client shall monitor the Display Area and will be solely responsible to keep all persons and property not authorized by Zambelli out of the Display Area and behind safety zone lines and limits. 10. Following the Display, Client shall be solely responsible for policing of the Display Area and for cleanup except as specifically provided in the sentence immediately following. Zambelli shall be responsible for the removal of unexploded fireworks and the cleanup of material debris, the removal of frames, sets and lumber from the Discharge Area, and the refilling of holes created by Zambelli or on behalf of Zambelli within the Discharge Area. 11. Client will include a direct reference to "Zambelli Fireworks" in all promotional material, including but not limited to event schedules; radio, television, newspaper and internet announcements; newspaper articles; and other media. The parties, intending to be legally bound, mutually agree as follows: 12. It is agreed and understood by the parties hereto that should inclement weather prevent firing of the Display on the Display Date, as determined by the Authority Having Jurisdiction (as defined in paragraph 14 below) or as reasonably determined by Zambelli, then the program shall be postponed and fired on the Postponement Date. If there is no Postponement Date and the Display is not fired on the Display Date, or if inclement weather Revised2-12-18 M:\Word\Contracts -2  prevents firing of the Display on the Postponement Date, as determined by the Authority Having Jurisdiction or as reasonably determined by Zambelli, the Display will be cancelled and There will be no refund of the Deposit or fifty percent (50%) of the Purchase Price, whichever is greater. 13. Client's cancellation of the Display will only be effective upon receipt by Zambelli of a written notice from an authorized person representing Client. In the event of cancellation of the Display, the parties agree as follows; If Client cancels the Display more than sixty-one (61) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to ten percent (10%) of the Purchase Price plus Additional Third Party Charges, as defined below. (b) If Client cancels the Display from thirty-one (31) to sixty (60) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to twenty percent (20%) of the Purchase Price plus Additional Third Party Charges, as defined below. (c) If Client cancels the Display from five (5) to thirty (30) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to thirty percent (30%) of the Purchase Price plus Additional Third Party Charges, as defined below. (d) If Client cancels the Display less than five (5) days prior to the day of the Display, Client agrees to pay Zambelli a cancellation fee equal to fifty percent (50%) of the Purchase Price plus Additional Third Party Charges, as defined below. (e) "Additional Third Party Charges" shall mean all costs and expenses incurred by Zambelli and paid or payable to third parties in connection with the Display, including but not limited to security fees, permits and licensing fees and expenses, barge and tow expenses, and firewatch fees. 14. Zambelli reserves the exclusive right to make minor modifications and substitutions to the Display, provided that such changes are reasonable and necessary and do not materially, adversely affect price, time of delivery, functional character or performance of the Display. 15. It shall be within Zambelli's and/or the Authority Having Jurisdiction's discretion to terminate the firing of the Display if any unsafe or unsuitable condition is identified. If such condition is not corrected, Zambelli may cancel the Display without further liability to Client for such cancellation. 16. The parties agree to cooperate with the regulatory authorities having jurisdiction over the Display, including, but not limited to local fire and police departments, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Transportation, the Department of Homeland Security, and the USCG (any such authority having jurisdiction over the Display is sometimes referred to herein as, the "Authority Having Jurisdiction"). The parties acknowledge that such governmental regulatory authorities having jurisdiction over the Display have the right to prohibit the Display until unsafe or unsuitable conditions are corrected. 17. This contract shall be deemed made in the Commonwealth of Pennsylvania and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules. The parties agree and consent to the jurisdiction of the courts of the Commonwealth of Pennsylvania and the Federal District Court for the Western District of Pennsylvania to decide all disputes regarding this Contract. 18. If Client becomes bankrupt or insolvent, or if a petition in bankruptcy is filed by or against Client or if a receiver is appointed for Client, Zambelli may refuse to perform under this Contract and may terminate this Contract without prejudice to the rights of Zambelli. If Client's financial condition becomes unsatisfactory to Zambelli, Zambelli may require that Client deposit the balance of the Purchase Price in escrow or provide sufficient proof of its ability to pay the balance of the Purchase Price. 19. Except to the extent, if any, specifically provided to the contrary herein, in no event shall Zambelli be liable to Client for any indirect, special, consequential, incidental or punitive damages or lost profits, however caused and on any theory of liability (including negligence of any kind, strict liability or tort) arising in any way out of this contract, whether or not Zambelli has been advised of the possibility of damages. 20. If Client fails to pay the monies due under this Contract, Zambelli is entitled to recover the balance due plus interest at one and one-half percent (1 % %) per month on amounts past due sixty (60) days or more. Further, Revised2-12-18 M:\Word\Comracts -3  on balances outstanding one hundred twenty (120) days or more, Zambelli is entitled to recover the balance due, plus accrued interest, plus attorneys fees of ten percent (10%) of the amount past due, plus court costs, or, if less, the maximum amount permitted by law. 21. This Contract shall not be construed to create a partnership or joint venture between the parties or persons mentioned herein. 22. Each party hereunder shall be excused for the period of delay in the performance of any of its obligations hereunder and shall not be liable for failure to perform or considered in default hereunder, when prevented from so performing by a cause or causes beyond its reasonable control, including but not limited to fire, storm, earthquake, flood, drought, accident, explosion, operation malfunction, or interruption, strikes, lockouts, labor disputes, riots, war (whether or not declared or whether or not the United States is a member). Federal, state, municipal or other governmental legal restriction or limitation or compliance therewith, failure or delay of transportation, shortage of, or inability to obtain materials, supplies, equipment, fuel, power, labor or other operational necessity, interruption or curtailment of power supply, or act of God, nature or public enemy. 23. This Contract constitutes the sole and entire understanding of the parties with respect to the matters contemplated hereby and supersedes and renders null and void all prior negotiations, representations, agreements and understandings (oral and written) between the parties with respect to such matters. No change or amendment may be made to this Contract except by an instrument in writing signed by each of the parties. 24. Notices, consents, requests or other communications required or permitted to be given by either party pursuant to this Contract shall be given in writing by first class mail, postage prepaid addressed as follows: if to Zambelli, to the address set forth below; if to Client, to 15700 E. Bagley Rd. Middleburg Hts., OH 44130 25. This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. The exchange of copies of this Contract and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Contract as to the parties and may be used in lieu of the original Contract for all purposes. This Contract and all the rights and powers granted by this Contract shall bind and inure to the benefit of the parties and their respective successors and assigns. 26. WITNESS WHEREOF, we set our hands and seals to the agreement in duplicate the day and year first above written. FOR Oient: FOR: Zambelli Fireworks Manufacturing Co. BY BY date date Printed Name and Title Printed Name and Tttle Please sign contract where indicated for Client and return all copies for final acceptance to: sal.lanara(S)zambeilifireworks.com Zambelli Fireworks Manufacturing Co. 280 Executive Drive, Suite 200 Cranberry Township, PA 16066 724-658-6611 800-245-0397 FAX 724-658-8318 Revised2-12-18 M:\Word\Contracts -4  DELIVERED MAR 06 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr.Ference A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BAUMANN ENTERPRISES, INC. FOR THE ABATEMENT AND DEMOLITION OF THE FORMER SEARS BUILDING WHEREAS, in November 2024, the City advertised for RFQ’s (Request for Qualifications) for the abatement and demolition of the former Sears department store and the associated automotive service center located at 6950 West 130^^ Street in Middleburg Heights (former Sears project); and WHEREAS, on February 21,2025, the City received six bids for the former Sears project. The scope of work includes asbestos abatement, removal of all regulated wastes, termination of utilities, demolition of structures and final site grading congruent with the request of the future developer. The bids also included line items for the removal of a parking lot located across Smith Road from the former Sears project; and WHEREAS, the bids were evaluated based on relevant project experience, overall price, schedule, subcontractors, and price forthe Smith Road parking lot demolition; and WHEREAS, based on a review of the RFQ submittals and the bids, TRC Environmental Corporation has identified and recommended Baumann Enterprises, Inc. as the lowest and best bid forthe former Sears project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS. STATE OF OHIO, AS FOLLOWS; Section 1: That the bid of Baumann Enterprises, Inc. for the abatement and demolition of the former Sears project is determined to be the lowest and best bid submitted based on a review of the RFQ submittals and the bids. Section 2: That the Mayor and Finance Director are hereby authorized to enter into a contract with Baumann Enterprises, Inc., 4801 Chaincraft Road, Garfield Heights, OH 44125 in accordance with Section 1 of this Resolution. Section 3: That there is hereby appropriated $3,500,000 from the Capital Improvements Fund to implement this Resolution. Section 4: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section : That this Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of said City. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor:, Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  DELIVERED MAR 06 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2025- Introduced By: Mr. Meany Co-Sponsors: Mr. AU, Mr. McGregor AN ORDINANCE ACCEPTING THE PLAT AND STREET DEDICATION FOR A CERTAIN PORTION OF SHELDON ROAD AS SHOWN ON THE DEDICATION PLAT WHEREAS, a portion of Sheldon Road as shown in gray on the dedication plat has been offered for dedication; and WHEREAS, the Council of the City of Middleburg Heights wishes to accept the Dedicated Area-Parcel B as shown on the Dedication Plat. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That a portion of Sheldon Road, permanent parcel number 371-17-016 Parcel B along Sheldon Road, as shown in gray on the Dedication Plat attached hereto and marked “Exhibit A” is hereby accepted for dedication. Section 2: That the Clerk of Council is hereby authorized to sign the attached Dedication Plat. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor:, Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  DELIVERED MAR 0 6 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH OHM ADVISORS FOR THE CENTRAL PARK PROJECT - PHASE 1A WHEREAS, as part of the Middleburg Heights Community Master Plan the City desires to create a Central Park to preserve and utilize green space in our community; and WHEREAS, by Resolution #2023-5, the City entered into an agreement with OHM Advisors for Master Planning Services forthe Central Park Master Planning Project; and WHEREAS, OHM Advisors has submitted a design proposalfor Phase 1A improvements consisting of a reading garden, nature play area, script plaza, pedestrian plaza/gathering space, outdoor classroom/amphitheater, water feature, and story book trail for Central Park. NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to enter into an agreement with OHM Advisors for additional design services for Phase 1A improvements for the Central Park Project, consistent with the proposal which is attached hereto and marked “Exhibit A". Section 2: That there is hereby appropriated a lump-sum base total of $122,000 for the outlined professional services from the General Fund to implement this Resolution. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  OHM Advancing Communities' February 20, 2025 Mayor Nlatthew Castelli City of Middleburg Heights 15700 Bagley Road Middleburg Heights RE: Civic Center District Master Plan - Additional Services for Phase 1 Design Proposal #23000-A Dear Mayor Castelli: Thank you for this opportunity to continue working with you to make the City of Middleburg He^hts (City, Client) a great place to live, work, and play! OHM Advisors (OHM, Consultant) is excited to help the City design the phase lA improvements for the reimagined Central Park. Based on our discussion of the proposed scope, this proposal represents our project understanding, with work plan, schedule, and cost of additional services. Project Understanding Based on recommendations identified in the 2024 Middleburg Heights Civic Center Master Plan, OHM will design and develop construction and bidding documents for the Phase 1 Improvements consisting of a reading garden, nature play area, script plaza, pedestrian plaza/gathering space, outdoor classroom/amphitheater, water feature, and story book trail. The final project scope for bidding and construction shall be determined by the final funding allocations. The anticipated limit of work is shown in Exhibit ‘A’: Project Area. Work Plan Task #8: Topographic Survey (Month #1) ● Limits of Survey: Cuyahoga County Parcel Number 37325040, 37325006, 37325007 and 37325008, as shown in Exhibit ‘B’: Survey Limits, o Approximately 17 acres. ● Aerial LiDAR & Photogrammetry o Classified point cloud, 8-10 ppsm o DTM with r interval contour elevations @ 1”=50’ ● Field Survey o Supplement additional ground points as necessary to verify LiDAR accuracy o Curb, walk, and pavement locations and material. O Planimetric site features, including but not limited to outline of equipment, fences, large boulders, retaining walls, mailboxes, and soil borings, o Vegetation: brush lines, wood lines, and landscaped areas. ● Site Utility Survey o Field Obser\’ation: Lines marked by OUPS (OHM will contact OUPS), utility poles, overhead wires, valves, hydrants, manholes, pull boxes, cleanouts, drainage structures, and sewer invents, o Record Plan Information ■ Obtained from provided construction or as—built drawings. ■ Obtained from design OUPS itcket. ■ Scaled and “best-fit” into the survey base map. ● Existing Conditions Survey Sheet OHM Advisors* 388 SOUTH MAIN STREET, SUITE 301 T 330.913.1080 AKRON, OHIO 44311 F 330.319.8691 OHM-Advisors.com Civil Center District Master Plan - Additional Services for Phase 1 Design February 20, 2025 Page 2 of 4 o Pknimetric, Topographic, Utility, and Boundary’ depicted on an existing conditions sheet o Control table O General Survey Notes ● Meetings: None. ● Deliverables: Existing Conditions survey provided in an AutoCAD Civil 3D 2018 and PDF format for use in design. Task #10: Design and Construction Documentation fMonth #2 through #4) ● OHM will create construction and permit document set for the phase 1 improvements. The documents will meet the requirements of necessary permits and will detail the requirements for construction of the improvements, including the scope, systems, relationships, forms, skes, materials, finishes, quality', quantities, and appearance by means of plans, elevations, sections, and details. The drawings will include: o Tide Sheet o Enlargements o General Notes o Structural plan(s) and details o Site preparation plan(s) o Landscaping plan o Layout and material plan{s) o Details o Grading and drainage plan(s) o Stormwater pollution prevention plan o Site electrical Plan(s) o Technical specifications will establish, in detail, the requirements for materials and installation. OHM will confer with all necessar}' regulatory agencies, via email and phone, and incorporate their comments into the construction documents. Present all documents to the City', for final review and coordination. AU review comments will be incorporated into final documents. Develop estimated quantities and cost estimate for construction. Perform regular QA & QC reviews throughout the duration of the project. Meetings: o (4) four in-person progress review meetings. Deliverables: o 30% CD progress drawings in PDF format o 60% CD progress drawings, and technical specifications in PDF format, o 90% Permit and construction documents in PDF format, o 100% Permit and construction documents in PDF format. Task #11: Bidding fMonth .S') ● Develop bidding documents as determined by the project funding available at that itme. ● Provide unit price tabulation, for inclusion in project manual, ● Project manual and bid book will be completed by the City. ● Bid document reproduction, distribution, and tracking will be via third party print shop. ● Attend pre-bid meeting, answer bidding requests for information (RFTs), and prepare clarification documents. ● 'I'abulate, review, and evaluate bids, confirm bid bonds, and make written recommendation to the City'. ● Meetings: (1) Pre-Bid meeting ● Deliverables: Bid tabulation and bid recommendation letter in PDF format. OHM Advisors' 6001 EUCLID AVENUE SUITE 130 CLEVELAND OHIO 4^103 T 216.865.1335 OHM-Advisors-Com Civil Center District Master Plan - Additional Services for Phase 1 Design February 20, 2025 Page 3 of 4 Task #12: Water Fearure Design (\i Authorized^ ● Design and develop construction documents for the proposed water feature noted as the Phase IB Amenities identified on Exhibit ‘A’: Project Area. Design and construction documents will be incorporated into the Task #10 documentation package and include earthwork, utilities (water, and drainage), and stormwater pollution prevention. ● Meetings: None ● Deliverables: Bid tabulation and bid recommendation letter in PDF format. Task #13: Water Feature Geotechnical Engineering Tf Authorized) ● Prepare a site-specific safety plan for CTL’s field work. ● Stake/mark the boring locations and determine their surface elevations. ● Contact OUPS to locate and mark public utilities. ● Mobilize a drill rig to drill 5 Standard Penetration Test (SPT) borings as follows: O 2 (SPl) soil borings at 20 to 25 feet deep for subgrade and earthwork recommendations, o 3 (SPT) soil borings at 10 feet deep for subgrade and earthwork recommendations. ● Site drilling, sampling, and laboratory testing shall be performed per industry and all applicable ASTM standards. ● Record groundwater levels in the boring during and immediately after drilling. At completion, the boreholes will be backfilled with auger cuttings. ● Perform laboratory tests including o Visual soil classification, o Moisture content and hand penetrometer tests. ● Engineering evaluation and reporting to include: O General description of the site. O Boring logs and profile to include: ■ Surface elevation at each test boring location. ■ Thickness of topsoil, pavement, base, and subsod strata. ● Groundwater encountered during drilling, and at completion. ■ Standard penetration and moisture content as a function of depth. O Existing subsurface conditions. O Groundwater/drainage management recommendations, o Recommendation for site preparation and earthwork requirements. ● Meetings: None. ● Deliverables: PDF of Geotechnical Findings and Recommendations Report. Schedule We are prepared to commence work on this project within two weeks of receipt of yotir written autliorization to proceed, and will perform each task in accordance with the estimated timeframe noted for each task, above. The timeframes assume timely responses from review agencies and project team members. OHM will provide the City with monthly reports to monitor progress and maintain project schedule. OHM Advisors* 6001 EUCLID AVENUE SUITE 130 CLEVELAND OHIO 44103 T 216.865.1335 OHM-Advisors.com Civil Center District Master Plan - Additional Services for Phase 1 Design February 20. 2025 Page 4 of 4 Compensation OHM Advisors will provide the above-outlined professional services in accordance with the following lump-sum fee schedule. Task Cost Task #8 — Topographic Survey $ 24,000 Task #9 - Design and Construction Documentation $61,000 Task #10 - Bidding $ 4,000 Lump-Sum Base Total: $ 89,000 Task #11- Water Feature Design (If Authorized) $ 27,000 Task #12 - Water Feature Geotechnical Engineering (If Authorized) $ 6,000 Clarifications and Assumptions ● As noted in the original proposal dated 1/10/2023 with the following addition: o Construction administration and inspection is not provided within this scope of services. Once the constniction scope of work and schedule has been defined, OHM can provide a scope of service fee for construction administration and inspection, if requested. Authorization If you find tliis additional services proposal to be acceptable, your signature on this letter, with a copy returned to us will serve as our authorization to proceed. Sincerely, OHM Advisors Authorization to Proceed: Jeremy Hinte, PLA, ASLA, Project Manager Signature Date lcrcmv.hintc@ohm-advisors.com D: 216.865.1337 C: 216.339.7412 Printed Name Title Matt Hils, PLA, ASLA, Principal Matt.hils@ohm-advisors.com C; 216.346.2637 Attachments: Exhibit ‘A’ — Project Limits Exhibit "B’ - Survey Limits OHM Advisors' 6001 EUCLID AVENUE SUITE 130 CLEVELAND OHIO 44’03 T 216.865,1335 OHM-Advisors.com Exhibit 'A'; Project Area MANAGEMEMI ■A PARKING LOT EXPANSION ALL-SEASON RESTROOM PAVIUON OPEN COMMUNITY LAWN £I PHASE IB AMENITIES e WATfR PCATUBr SIOPYBOOK TRAIL ► phase one project area enlargement I CENTRAL PARK - MIDDLEBURG HEIGHTS COMMONS | MIDDLEBURG HEIGHTS. OHIO 0 128.2025 ohm'^ A(Jv3nckig Comuifiitles'  DELIVERED MAR 06 2025 "fb^ -Th^ AOk\mj kSr^?AT^^^J CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CIVIL & ENVIRONMENTAL CONSULTANTS, INC. (CEC) TO SERVE AS OWNER’S REPRESENTATIVE ON THE TRANSFORMATIONAL GRANT-FUNDED BROWNFIELD PROJECT AT THE FORMER SEARS PROPERTIES WHEREAS, the City desires to retain the services of a competent and qualified contractor to serve as Owner’s Representative during remediation activities; and WHEREAS, Civil & Environmental Consultants, Inc. is competent and qualified to furnish services to the City and has provided a responsive and responsible proposal and desires to provide Owner’s Representative Services and Grant Administration; and WHEREAS, CEC will serve as owner’s representative to guide and review the work in accordance with the existing demolition specifications to ensure the City's interests are met. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to enter into an agreement with Civil & Environmental Consultants, Inc. to provide Owner’s Representative Services and Grant Administration to the City related to the asbestos abatement, waste removal, demolition and site restoration activities of the former Sears properties, parcel numbers 372-31-006 & 372-31-009, a copy of which is attached hereto and marked “Exhibit A”. Section 2: That there is hereby appropriated $187,200.00 from the Capital Improvements Fund to implement this Resolution. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed:. President of Council Attest: Approved On: Clerk of Council Presented to Mayor:. Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  delivered mar 0 6 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE CITY OF STRONGSVILLE FOR PRISONER HOUSING SERVICES WHEREAS, the Middleburg Heights Police Department requires facilities for custody, supervision, confinement and board for prisoners; and WHEREAS, the City of Strongsville makes its detention facility available to neighboring cities for incarceration; and WHEREAS, the City of Strongsville agrees to accept prisoners transported to the detention facility from the City of Middleburg Heights, subject to housing availability or medical/psychological condition. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to sign an agreement with the City of Strongsville to continue to provide for prisoner housing services, a copy of which is attached hereto and marked “Exhibit A”. Section 2; It Is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor:, Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  few STRONGSVILLE POLICE DEPARTMENT 18688 Royalton Road [pniiCFj Strongsville, Ohio 44136 AGREEMENT FOR PRISONER HOUSING SERVICES BETWEEN THE CITY OF STRONGSVILLE AND THE MIDDLEBURG HEIGHTS POLICE DEPARTMENT The undersigned representative of the Department or Agency (user) below requests the use of the Strongsville Police Department Jail Facility for persons to be incarcerated by the aforesaid department or agency. USER: City of Middleburg Heights Police Department ADDRESS: 15850 Bagiev Road CITY: Middleburg Heights. Ohio 44130 PHONE: 14401 243-1234 CONTACT PERSON: Chief Edward Tomba EMAIL: etomba@middleburgheights-oh.gov AGENCY TYPE: Municipal X County State Federal SCO 250.10 The fees to be charged to the law enforcement agencies of other jurisdictions for the use of the Municipal City of Strongsville Police Department facilities shall be as follows: (1) For persons incarcerated in the Municipal jail facilities, t>vo hundred fifty dollars ($250.00) per calendar day; (2) For use of the breathalyzer test facilities, twenty dollars ($20.00) per test; (3) For video requests, the additional sum of twenty dollars ($20.00); (4) For requests of prisoners recorded phone conversations, the additional sum of twenty dollars ($20.00); (5) For special need watches as designated by our suicide assessment form; a level two (2) watch will be an additional one-hundred dollars ($100.00) per day; a level three (3) or four (4) watch will be an additional two hundred dollars ($200.00) per day. THE CITY OF STRONGSVILLE HAS THE RIGHT TO REFUSE ANY INMATE AND TO REQUIRE THE USER AT ANY TIME TO REMOVE ANY INMATE FROM THE FACILITY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO LACK OF AVAILABILITY OF SPACE. Revised 1/8/2025 Page 1 of 3  > STRONGSVILLE POLICE DEPARTMENT 18688 Royalton Road iHOLICfJ Strongsville, Ohio 44136 THE USER AGREES TO AND/OR WILL: 1. Assume responsibility for prompt payment of charges as specified in this Agreement directly to the City of Strongsville as billed. 2. Assume responsibility and promptly reimburse the City for any advances for all medical care and/or other extraordinary costs or services that may arise, including but not limited to transportation to/from hospitals or other facilities, as well as guarding prisoners at hospitals or other facilities. “Medical care” includes but is not limited to physicians’ charges and expenses for any medical, surgical, dental or mental health services and medicines and surgical operations. 3. Assume responsibility for filling all prescriptions for prisoners, picking up these prescriptions, delivering these prescriptions to the Jail without delay, and handling the payment for these prescriptions directly with that pharmacy. 4. Assume responsibility and ensure that all appropriate and necessary legal documents are served on those persons incarcerated by the user without delay. 5. Assume responsibility for the transportation and appearance of prisoners at all court/legal proceedings, and transportation of prisoners to other agencies due to outstanding warrants. 6. Assume responsibility for providing Strongsville Jail staff sufficient information as may be required to ensure the proper completion of all necessary prisoner documentation, booking, processing, housing, and release. 7. Assume responsibility to deliver all appropriate and necessary legal documents and correspondences from the Court of venue, including bond information and commitment orders, to the Strongsville Jail without delay. Assume responsibility for all prisoner property, other than cash and authorized medications, as the Strongsville Jail will not inventory, store, or dispose of personal property for any prisoner from any user agency. THE CITY OF STRONGSVILLE AGREES TO AND/OR WILL: 1. Perform Strongsville Jail required booking functions, processing, and release. 2. Ensure the proper housing of persons incarcerated for the user in accordance with applicable legal requirements. 3. Ensure the proper feeding of persons incarcerated. Special dietary requirements may come under the extraordinary cost/service provision previously stated. 4. Provide and complete (with information provided by the user) the necessary and appropriate forms for reception,bookingand release. 5. Provide emergency care to include emergency transportation to a hospital or medical facility as determined by the Strongsville Fire Department at the user's sole cost. 6. Assume responsibility for the timely release of inmates as provided by law. 7. May change the charges within its sole discretion upon thirty (30) days advance written notice, Revised 1/8/2025 Page 2 of3  KM STRONGSVILLE POLICE DEPARTMENT 18688 Royalton Road [pnncfj Strongsville, Ohio 44136 This Agi'eement supersedes any previous agi’eement between the parties concerning this subject matter, and shall be effective upon authorized execution by both parties. It shall continue and be automatically renewed for successive twelve (12) month periods from year to year. Either party may cancel this contract with a thirty (30) day written notice at any time. USER: BY: TITLE: Date; / / THE CITY OF STRONGSVILLE: BY: Thomas O’Deens, Chief of Police Date: / / APPROVED BY: Thomas P. Perciak, Mayor User will be provided a copy of this Agreement upon acceptance. Revised 1/8/2025 Page 3 of3