Mayor & Common Council Meetings

AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, March 11, 2024, at 7:00 pm City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 City YouTube Channel Link 1. CALL TO ORDER 2. STATEMENT FOR THE RECORD – CLOSED MEETING OF WEDNESDAY, MARCH 6, 2024: In accordance with the General Provisions Article, Section 3-306(c)(2) of the Annotated Code of Maryland, and without objection it is noted that the minutes of tonight’s meeting reflect that Common Council met in a Closed Meeting on Wednesday, March 6, 2024, 4:33 p.m. pursuant to General Provision Art., Section 3-305) (b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. Motion – Chiavacci/Gilbert Vote to Close Meeting: Yes No Abstain Absent Mr. Chiavacci Yes Mr. Dayhoff Yes Ms. Gilbert Yes Mr. Hoff Yes Mr. Pecoraro Mayor Becker There were no staff members in attendance. The Common Council took no official action during the meeting. The Closed Meeting adjourned at 5:19 p.m. 3. COMMITTEE APPOINTMENTS A) Kristen Smith appointment to the Board of Elections B) Jay Voight appointment to the Planning and Zoning Commission C) Catherine Baty appointment to the Historic District Commission 4. APPROVAL OF MINUTES A) Mayor and Common Council Meeting of February 26, 2024 B) Special Mayor and Common Council Meeting of March 6, 2024 C) Mayor and Common Council Closed Meeting of March 6, 2024 5. CONSENT CALENDAR A) Approval of Public Works Agreement No. A-1167 for Water and Sewer Connection at 545-547 Spruce Avenue, Westminster, Maryland 21157 B) Approval of HRI, Inc. Contract Change Order No. 8 6. REPORT FROM THE MAYOR 7. REPORTS FROM COMMITTEES A) Arts Council B) Economic and Community Development Committee C) Finance Committee D) Personnel Committee E) Public Safety Committee F) Public Works Committee G) Recreation and Parks Committee H) Technology Committee 8. COUNCIL COMMENTS AND DISCUSSION 9. BID A) Approval of a Bid for a Replacement Truck (2023 Ford Pickup Truck F-150 Extended Cab) from Apple Ford of Columbia, Maryland in the total amount of $40,000.00. – City Administrator Imhulse 10. ORDINANCES AND RESOLUTIONS A) Adoption of Resolution 24-04, a resolution of the Mayor and Common Council of Westminster, adopting the 2022 Carroll County Hazard Mitigation Plan. – Director of Community Planning and Development Depo 11. UNFINISHED BUSINESS 12. NEW BUSINESS A) Approval of a Sole Source Contract with Ram Jack Chesapeake for Remediation of the Chemical Building in the amount not to exceed $120,000. – City Administrator Imhulse 13. DEPARTMENTAL REPORTS 14. CITIZEN COMMENTS 15. ADJOURNMENT TO WORKSESSION Board of Elections Appointment To: Mayor and Common Council From: Doug Barber, City Clerk Date: March 6, 2024 Re: Board of Elections Appointment for Kirsten Smith Background Kirsten Smith is being considered to fill the vacant seat on the City of Westminster’s Board of Elections. As noted in the City Code of Westminster Chapter 14 Election § 14-1.1Board of Elections there shall be a Board of Elections comprised of three members, who shall be appointed by the Mayor, subject to the approval of a majority of the Common Council. Members of the Board of Elections shall be qualified voters of the City and shall not hold or be a candidate for any elective office during his or her term of office. Recommendation Mayor Becker recommends the appointment of Kirsten Smith to the City of Westminster Board of Elections for a term that will expire on February 14, 2026. Planning and Zoning Committee Appointment To: Mayor and Common Council From: Doug Barber, City Clerk Date: March 6, 2024 Re: Planning and Zoning Commission Appointment for Jay Voight Background Jay Voight is being considered to fill the vacant seat on the City of Westminster’s Planning and Zoning Commission. Recommendation Mayor Becker recommends the appointment of Jay Voight to the City of Westminster Planning and Zoning Commission for a five-year term, to expire on March 11, 2029. Historic District Commission Appointment To: Mayor and Common Council From: Doug Barber, City Clerk Date: March 6, 2024 Re: Historic District Commission Appointment for Catherine Baty Background Catherine Baty is being considered to fill the vacant seat on the City of Westminster’s Historic District Commission. Recommendation Mayor Becker recommends the appointment of Catherine Baty to the City of Westminster Historic District Commission for a three-year term, to expire on March 11, 2027.  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting February 26, 2024, at 7:00 p.m. 1838 Emerald Hill Lane, Westminster, MD 21157 YouTube Channel Link CALL TO ORDER Elected Officials Present: Mayor Becker, Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Hoff, and Council President Pecoraro. Councilmember Gilbert was absent. Staff Present: City Clerk Barber, Director of Housing Services Brown, Director of Community Planning and Development Depo, Director of Recreation and Parks Gruber, City Administrator Imhulse, Chief of Police Ledwell, City Attorney Elissa Levan, and Director of Finance Rodgers. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Council President Pecoraro led the Pledge of Allegiance and a moment of silence. APPROVAL OF MINUTES A motion was made by Councilmember Dayhoff and seconded by Councilmember Hoff to approve the Mayor and Common Council Meeting minutes of February 12, 2024, as corrected, and the Mayor and Common Council Work Session Meeting minutes of February 20, 2024. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff and Councilmember Hoff. NAYS: None. CONSENT CALENDAR A motion was made by Councilmember Hoff and seconded by Councilmember Chiavacci to approve the Consent Calendar, which consisted of the following: Approval of the Departmental Operating Report for January 2024. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, and Councilmember Hoff. NAYS: None. REPORT FROM MAYOR Mayor Becker had no official report. REPORTS FROM COMMITTEES Councilmember Dayhoff, on behalf of the Arts Council, noted the uptick in attendance at events at the Carroll Arts Center that continues to bring people to the City of Westminster. Councilmember Hoff, on behalf of the Economic Community Development Committee, noted that the committee had met earlier in the day (Monday, February 26, 2024), but had no official report. Council President Pecoraro on behalf of the Finance Committee, had no official report but noted the preparation for the FY25 Budget was underway. Councilmember Chiavacci on behalf of the Public Safety Committee, noted the following: On February 10, 2024, Cpt. Long prevented an auto theft at the Len Stoler Chevy Dealership. On February 22, 2024, Westminster Police Officers assisted the Maryland State Police in apprehending three different individuals who were attempting to enter a vehicle on the Len Stoler Dodge Dealership. Councilmember 1 Chiavacci closed his report by noting that from February 19-23, 2024, Lt. Rife and Lt. Donovan attended the FBI Command Leadership Institute training held in Davidsonville, Maryland. COUNCIL COMMENTS AND DISCUSSION Councilmember Chiavacci thanked City Administrator Imhulse for all her hard work on the many ongoing projects going on throughout the City. Councilmember Dayhoff complemented the City staff on providing their written comprehensive monthly reports to the Mayor and Common Council. Councilmember Hoff as Chair of the City’s Intergovernmental Relation Committee provided an update on the committees work in the current legislative session. ORDINANCES AND RESOLUTIONS Introduction of Annexation Resolution No. 24-03 (Annexation N0. 77), Covington Properties, enlarging the corporate boundaries of the City of Westminster by annexing into the City certain property containing ± 3.186 acres, contiguous to and adjoining the City’s existing corporate boundaries, consisting of real property located at 535 Old Westminster Pike, Westminster, Maryland 21157, also identified as tax account number 07-024304, Map 0046, Grid 0015, Parcel 0017, and comprising ± 2.5389 acres, and ± 0.6471 acres of right-of-way containing a portion of Old Westminster Pike, belonging to the Commissioners of Carroll County A motion was made by Councilmember Chiavacci and seconded by Councilmember Hoff on the introduction of Annexation Resolution No. 24-03 (Annexation N0. 77), Covington Properties, enlarging the corporate boundaries of the City of Westminster by annexing into the City certain property containing ± 3.186 acres, contiguous to and adjoining the City’s existing corporate boundaries, consisting of real property located at 535 Old Westminster Pike, Westminster, Maryland 21157, also identified as tax account number 07-024304, Map 0046, Grid 0015, Parcel 0017, and comprising ± 2.5389 acres, and ± 0.6471 acres of right-of-way containing a portion of Old Westminster Pike, belonging to the Commissioners of Carroll County. Director of Community Planning and Development Depo provided the staff report on the item. Councilmember Chiavacci thanked the City staff for their work on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, and Councilmember Hoff. NAYS: None. UNFINISHED BUSINESS There was no unfinished business to be discussed by the Mayor and Common Council. NEW BUSINESS There was no new business to be discussed by the Mayor and Common Council. DEPARTMENTAL REPORTS Recreation and Parks Director of Recreation and Parks Gruber provided an update and the highlights on the upcoming 2024 Celtic Canter 5K Race and Irish Festival scheduled for Saturday, March 9, 2024. Public Works Department City Administrator Imhulse provided the Public Works Department report and gave an update on the department’s installation of the lighted crosswalks located on Pennsylvania Avenue and Main Street, and that ten of the fourteen have been installed. Housing Services Director of Housing Services Brown provided an update on the assistance program application list and advised that the rate of response has been much better than in years past. 2 Community Planning and Development Director of Community Planning and Development Depo reported that on February 15, 2024, the Planning and Zoning Commission reviewed and approved the 2023 City of Westminster’s Planning Annual Report; introduced Local Map Amendment LMA 24-01 amending the Zoning Map to rezone Parcel F-1B north of 842 Littlestown Pike (All About You Salon and Barbershop); and discussed and amended the Planning and Zoning Commission Policies and Procedures regarding public input. Director Depo reported that there is no agenda items for the March 5, 2024, the Board of Zoning Appeals meeting. Director Depo also reported that on March 6, 2024, the Historic Commission is scheduled to meet, however the agenda has not yet been set. Director Depo closed his report by noting that the next Downtown Business Association meeting is scheduled for Monday, March 4, 2024, at 3:00 p.m. at Exploration Commons (50 East Main Street, Westminster, Maryland). Finance Director of Finance Rodgers had no official report. Westminster Police Department (WPD) Chief of Police Ledwell provided additional details and updates on crimes and cases recently addressed by the City of Westminster Police Department. CITIZEN COMMENTS Council President Pecoraro advised that residents may submit any comments to the following email address: comments@westminstermd.gov. He noted that all emails received would be shared with the Mayor and Common Council. There was no one wishing to address the Mayor and Common Council. ADJOURNMENT Council President Pecoraro announced that the next meeting of the Mayor and Common Council would be on Monday, March 11, 2024, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 7:22 p.m. Respectfully Submitted, Douglass A. Barber, MMC City Clerk Full audio version is available on www.westminstermd.gov Adopted by the City of Westminster Common Council on ___________________________. 3  SPECIAL MEETING MINUTES CITY OF WESTMINSTER Mayor and Common Council Special Meeting Wednesday, March 6, 2024, at 4:30 p.m. City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 CALL TO ORDER Elected Officials Present: Mayor Becker, Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, Councilmember Hoff, and President Pecoraro. Staff Present: There was no staff present. President Pecoraro opened the Special Meeting at 4:30 p.m. DISCUSSION Motion to go into a Closed Meeting A motion was made by Councilmember Chiavacci and seconded by Councilmember Gilbert to adjourn into a Closed Meeting, in accordance with the General Provisions Article of the Annotated Code of Maryland, §3-305 (b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, and Councilmember Gilbert and Councilmember Hoff. NAYS: None. President Pecoraro advised that the Mayor and Common Council would not be returning to open session at the conclusion of the Closed Meeting. ADJOURNMENT President Pecoraro adjourned the meeting at 4:32 p.m. Respectfully Submitted, Douglass A. Barber, MMC City Clerk Approved by the City of Westminster Common Council on ______________________. Consent Calendar – PWA A-1167 MA To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Meeting Date: March 11, 2024 Re: Approval of Public Works Agreement No. A-1167 for Water and Sewer Connection at 545 and 547 Spruce Avenue, Westminster, Maryland 21157 BACKGROUND On November 27, 2023, the Mayor and Common Council approved Good Cause Waivers 23-07 and 23-08 allowing additional water and sewer allocation for two single-family attached residential dwelling units (duplex) with one dwelling unit on 547 Spruce Avenue (GCW 23-07) and one dwelling unit on 545 Spruce Avenue (GCW 23-08) of the Buckingham View subdivision (P.B. 2 PG. 15) located on Spruce Avenue, Westminster, MD (SDAT # 07-157304 and SDAT #07033052, respectively). On November 28, 2023, Good Cause Waivers 23-07 and 23-08 were signed by the Mayor and Director of Community Planning and Development; Mayor signed the Irrevocable Consent to Annexation; and the Director of Community Planning and Development approved Water and Sewer Allocation (WSA) applications WSA-23-48 for 547 Spruce Avenue and WSA-23-49 for 545 Spruce Avenue, tentatively allocating water and sewer. The applicant and the City have finalized the associated Public Works Agreement and Surety. [Attachment 1 and 2] The applicant has requested that the documents be approved in the form presented. The City Attorney has reviewed all documents submitted by the applicant. If the Mayor and Common Council approve Public Works Agreement No. 1167, the Mayor and appropriate City staff will sign the agreement and the agreement will be recorded and kept on file in the City Clerk’s Office. RECOMMENDATION Staff recommends approval of Public Works Agreement No. 1167 for the water and sewer connections at 545 and 547 Spruce Avenue. ATTACHMENT 1. Public Works Agreement No. A-1167 2. Surety cc: Sara Imhulse, City Administrator Elissa D. Levan, City Attorney  PWA A-1167: ATTACHMENT 1 PUBLIC WORKS AGREEMENT CITY OF WESTMINSTER, MARYLAND AGREEMENT NO. A – 1167 APPLICATION FOR THE CONSTRUCTION OF SANITARY SEWER AND WATER CONNECTIONS 545-547 Spruce Avenue Project: Sanitary Sewer and Water Connections Location: 545, 547 Spruce Ave, Westminster Md 21157, comprising of .017 acres, Tax ID #07-033052, #07-157304 Owner: Sutton Industries Corp. 198 Pennsylvania Ave. Westminster, MD 21157 THIS AGREEMENT is made this ___ day of ___________, 2024, by and between The Mayor and Common Council of Westminster (“the City”), a municipal corporation of the State of Maryland, and Sutton Industries Corp. (“the Owner”). WHEREAS, the Owner owns two parcels of land situated in Carroll County outside the corporate boundaries of the City but in the City’s Water and Sewer Service Area, at 545 and 547 Spruce Ave, comprising .017 Acres, zoned R-10,000, on which the Owner proposes to develop one residential unit on each parcel; and WHEREAS, the Owner has proposed to connect the two lots to the City’s Public Sanitary Sewer and Water Service Area (“the Project”) in accordance with the provisions set forth in Chapter 124 and Chapter 126 of the City Code; and WHEREAS, the City approved Good Cause Waiver Applications GCW 23-07 and GCW 23-08 for the Project on November 28, 2023 and the Owner has submitted Water and Sewer Allocation Applications WSA 23-48 and WSA 23-49; and  WHEREAS, prior to the issuance of any building permits for the Project, the City requires that evidence of financial responsibility in the form of a performance bond, irrevocable letter of credit or cash bond be furnished by the Owner to guarantee completion those site improvements shown, or to be shown, on the final approved construction plans and/or such off-site improvements as may be required by the City, in order to protect the City and the residents thereof from the costs of failure to complete in the required manner the necessary public improvements; and WHEREAS, it is the purpose of this Agreement to set forth the terms and conditions for the completion of all required site improvements for the work listed below according to the “Proposal/Quote” from Stambaugh’s Inc., attached hereto as Exhibit A, for the work set forth in Paragraph 2 hereof, NOW, THEREFORE, in consideration of the premises and of the mutual undertakings, agreements and covenants herein expressed, the parties hereto agree as follows: 1. The Recitals set forth above are incorporated herein by this reference and are made a part of this Agreement. 2. The Owner has obtained a contractor’s “Proposal/Quote” from Stambaugh’s Inc. and descriptions of the Project which it has submitted to the City for its review and approval. This construction estimate must be approved prior to issuance of any building permits. Traffic control and Maintenance of Traffic (“MOT”) are required in connection with the Project. All work is to be installed per City-approved plans and specifications and the City Code. Any asphalt patch is to meet Carroll County specifications and must be approved by the County. The Owner shall install sewer and water lateral services from the existing mains to the property line and install cleanouts and curb stops at the property line. Electronic as built details shall be submitted to the City Inspector for approval. 2 of 8 3. The Owner shall furnish, prior to permit issuance, standard corporate performance and payment bonds in a form approved by City, or irrevocable letters of credit or a cash deposit, in the amount of 110% of the full contract price for the construction cost of all labor, equipment, and materials for the work contemplated by this Agreement. The City may, in its discretion, permit the bond, irrevocable letter of credit or cash deposit to be reduced in proportion to the amount of the said work completed, at 50% and 80% of completion. If an irrevocable letter of credit is posted by the Owner, it shall contain the following language in addition to any other language and requirements deemed appropriate by the City: It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically extended without amendment for one (1) year from the present or any future expiration date unless sixty (60) days prior to such expiration date you are notified by registered letter that the City of Westminster elects to release this Letter of Credit for any such additional period. 4. In the event the Owner fails to construct the required improvements herein in accordance with the above described specifications, or fails to convey the Sanitary Sewer and Water service connections therein, and/or required easements for public facilities, or fails to commence appropriate and effective corrective action within the time periods set forth in Paragraph 4 hereof after written notification by the City of non-compliance with any pertinent requirements during the construction of said improvements, or otherwise fails to perform its obligations under this Agreement, the City shall have the right to call or draw upon the security posted pursuant to Paragraph 2 hereof. The City shall have the right to refuse to accept or to maintain said public improvements until the same are fully completed by the Owner, or at its option, to accept and record deeds for the easements and/or rights-of-way described by plats and enter into and upon the same for the purpose of constructing or repairing the required improvements. 5. In the event of default by the Owner in performance of its obligations under this Agreement, the City shall give notice in writing to the Owner and to the issuer of the security posted pursuant 3 of 8 to Paragraph 2 hereof, of such default. Subject to the last sentence of this Paragraph, in the event that such default has not been cured by the Owner within fifteen (15) days after receipt of such written notice, the City shall give the Surety written notification of said default, and the Surety shall, within thirty (30) days of such notice, elect in writing: (a) to complete the required public improvements in conformance with the original plans and specifications within such reasonable period as City may specify; or (b) indemnify City against loss or expense arising out of failure of Owner to complete said improvements as required by the terms of this Agreement. If Owner fails to take the required corrective action within thirty (30) days of the foregoing election, any construction or conveyance privileges granted to the Owner for the improvements guaranteed by this Agreement may be suspended by the City pending completion of the required improvements. Notwithstanding the foregoing, so long as the Owner has commenced to cure and is diligently proceeding to cure a non-monetary default, the time period within which such default may be cured shall be extended in the City’s discretion for such period as may be reasonably necessary to complete the cure in the exercise of due diligence. 6. The City, in addition to any recovery under the guarantee or security, shall have the right to maintain an action against the Owner for such additional costs or damages as may be incurred to properly complete the required improvements herein described. 7. All right, title and interest in and to the sewer and water laterals are to be conveyed by the Owner or its successors or assigns to the City when completed to the City’s satisfaction and, in the event all or any part of the Project is transferred to another person or entity prior to acceptance of conveyance of said facilities to the City, the Owner must reserve said facilities to itself for conveyance to the City or must require its successors or assigns, by deed restriction or other 4 of 8 method satisfactory to the City, to convey the facilities to the City when completed to the City’s satisfaction. 8. The Owner shall reimburse the City for all costs incurred by the City in connection with the inspection of those facilities to be taken over by City, the construction cost for work performed by request of the Owner by letter, and the fees of consultants, including legal, engineering and other appropriate professionals, employed by City to review contract documents, perform tests and observe construction of items to be conveyed to City. The Owner will be assessed a fee of 4.5% of the value of those public works and related improvements for construction inspection by the City for this project. The Owner agrees to pay this fee prior to the Building Permit being approved. 9. The Owner, upon application for building permits, shall make payment to the City for all Benefit Assessment and related charges resulting from the approved work pertaining to the project in accordance with Sections 124-13 and 160-8 of the Charter and Code of Laws and the Utility Fee Ordinance. The Owner shall be exempted from the normal connection charges that would ordinarily be imposed by the City in accordance with Sections 124-17 and 160-7 of the Charter and Code of Laws and the Utility Fee Ordinance for the sewer lateral that the Owner extends at its own cost. 10. The Owner acknowledges that the City has entered a Consent Order dated April 3, 2007; with the Maryland Department of the Environment and that the City has subsequently adopted a Water and Sewer Allocation Policy. The City will provide sewerage service to the Project in accordance with said Water and Sewer Allocation Policy and any amendments thereto, together with the City’s laws and regulations relating to such water service and sewer service, and the Owner accepts and agrees to the terms of said Water and Sewer Allocation Policy, and amendments thereto. 5 of 8 11. Any contractor engaged by the Owner for the performance of any work in connection with any facilities intended hereunder to be accepted by the City shall be subject to the City’s approval and said contractors shall be subject to any prequalification standards which may be in existence, adopted, or hereafter adopted or modified as being in the best interests of the City. The City shall have the right to review all contractors and awards for such work. 12. Should the Owner not begin construction of the Project within two (2) years of date of execution of this Agreement, this Agreement shall expire, and a new Agreement shall be executed incorporating any changes, increased guarantees, or conditions as may be required by City. 13. The Owner shall abide by all City and/or County codes in effect relating to the work. In case of conflict between Codes, City will direct which shall apply. 14. The Owner shall assign an English-speaking Project superintendent, who must be on site at all times while work is progressing and who will be responsible for coordination of all work and provide liaison with City representatives. The Owner shall notify the City of the name of such superintendent in writing. 15. The Owner shall hold the City harmless and defend and indemnify it from any claims arising from the operations of the Owner, its employees, contractors, subcontractors, and agents. 16. This Agreement and the Owner's rights and obligations thereunder, may not be assigned or transferred by the Owner, except to an entity of financial standing reasonably sufficient to fulfill the obligations of the Owner under this Agreement, upon the written consent of the City. Upon written approval by City of such assignment or transfer, the Owner shall have no further liability or obligation there under other than that which may have existed prior to the effective date of the assignment or transfer. 17. Upon receipt of certification by the City's consulting engineer, representative and/or agent that all facilities to be conveyed to City, more specifically described as a sanitary sewer lateral has been 6 of 8 satisfactorily constructed, the City shall simultaneously accept said facilities and shall take title to same and thereafter maintain it at the City's cost 19. Notice to the City regarding this PWA shall be sent to the Director of Public Works at 45 W. Main Street, Westminster, Maryland 21157. Notices to the Owner be sent to Sutton Industries Corp., 198 Pennsylvania Ave, Westminster, MD 21157 IN WITNESS WHEREOF, the City and the Owner have caused this instrument to be duly executed under seal. ATTEST: OWNER Sutton Industries Corp __________________________ By : ____________________________________(Seal) STATE OF MARYLAND COUNTY OF _______________ On this ________ day of _______________, _____, before me, a Notary Public of the State of Maryland, in and for Carroll County aforesaid, the undersigned officer, personally appeared, who acknowledged himself or herself to be the _____________________ of Sutton Industries Corp. instrument on behalf of said corporation in his or her capacity therein stated. In witness whereof I hereunto set my hand and Official Seal. _______________________________ Notary Public My Commission expires: ATTEST: THE MAYOR AND COMMON COUNCIL OF WESTMINSTER __________________________ By: ____________________________________(Seal) Douglass Barber, City Clerk Mona Becker, Mayor 7 of 8 Recommended for Approval: Recommended for Approval: ______________________________ ____________________________________ Mark Depo, Director Sara Imhulse, Community Planning and Development City Administrator Approved as to form and legal sufficiency this ______ day of _____________________, 2024 Elissa D. Levan, City Attorney 8 of 8  PWA A-1167: ATTACHMENT 2 CITY OF WESTMINSTER TELEPHONE: 45 West Main Street Local (410) 848-9000 Westminster, Maryland 2115 7 Baltimore Line (410) 876-1313 www.westminstermd.gov February 2, 2024 Sutton Industries Corp. 198 Pennsylvania Ave. Westminster, MD 21157 Attn: Micheal Johnson Re: 545,547 Spruce Ave. I am in receipt of correspondence from your contractors bid proposals for the work associated with the above-mentioned project. Based on my review of the requirements of the Public Works Agreement (PWA) No. A-1167 and the information received, the amount of surety is hereby set at $35,761.00. This amount is established as follows: Sanitary Sewer [S-24-02] $ 21,499.00 Water Service [A-24-02] $ 11,011.00 Total $ 32,510.00 10% Maintenance Bond $ 3,251.00 Total Bond: $ 35,761.00 Reduction in this amount of surety must be made in accordance with the Bopd ReJease Packet. forwarded to the following: City of Westminster Department of Public Works Attn: John Dick 45 West Main Street Westminster, MD21157 Indicates a Public Works inspection is required. A 4.5% Construction Inspection Fee of$1,462.95 shall be paid to the City of Westminster prior to initiation of Construction. Calculation: ($32,510.00 @ 4.5%). Please feel free to contact me if you have any comments or concerns at (410) 848-9000. Interim Director of Public Works cc: Sutton Industries Corp, 198 Pennsylvania Ave, Westminster MD 21157 Mark Depo -Director of Community Planning & Development (email) John Dick - Interim Director of Public Works (email) Theresa Rodgers - Director of Finance (email) Approval - HRI, Inc. Contract Change Order No. 8 To: Mayor and Common Council From: Michael Matov, City Engineer Date: March 5, 2024 Re: Approval - HRI, Inc. Contract Change Order No. 8 Background In early 2019, the Mayor and Common Council awarded a construction contract to HRI, Inc. for the Wastewater Treatment Plant ENR and Biosolids Upgrade Project. The City contracted with GHD for ongoing engineering services during construction. By separate contract, the City retained GHD to provide construction management and inspection services for the duration of the Project. To date, the Mayor and Common Council have authorized seven change orders to the City's contract with HRI, Inc., totaling $2,145,389.28. Change Order No. 8 acts to balance additions and credits to the project to date. The additional costs and credits include the following: • Work related to changes on the roof of the Septage Treatment Facility (PCO 046) = $24,361.00 * • Work related to t h e r o o f d e m o l i t i o n a t t h e D i g e s t e r B l o w e r B u i l d i n g (PCO 055) = $32,065.00 • Work related to the modification of the Screw Press Feed Pump Shutdown (PCO 069) = $3,727.00 • Work related to the So lids P rocessing Building Truck Bay Catwalk Fireproo fing (PCO 07 9) = $4,173.00 • Work related to Installation of additional lights in the Septage Facility (PCO 097) = $19,853.00* • Work related to Installation of additional lights at the Solids Processing Building (PCO 100) = $24,249.00 • Work related to installation of the Bridge Crane Disconnect Panels (PCO 101) = $ 4,538.00 • Work related to Water Line Repair Credit (PCO 102) = - $2,200.22 • Work related to STF Unloading Common Alarm (PCO 107) = $2,379.00 • Work related to Generator Alarms (PCO 109) = $3,896.00 • Work related to Reactor 5 Weir Wall Additional Concrete (PCO 110) = $7,864.00 • Work related to installation of WIN 911Additional Alarms (PCO 111) = $12,176.00 • Work related to Clarifier No, 1-3 and Mudwell High Level Float Relocation (PCO112) = $1,801.00 • Work related to installation of new DFF Influent Sample Pump (PCO 114) = $5,617.00 • Work related to Recycle Drag Conveyor Shaker Motor Wiring (PCO 118) = $4,923.00 • Work related to installation of SPB Refrigerated Air Dryers Wiring (PCO 119) = $2,260.00 • Work related to installation of Control Building CMU Wall (PCO 121) = $12,998.00 • Work related to the Existing Dewatering Building Retrofit (PCO122) = $7,825.00 • Work related to installation of the DFF Infit Sample Line Basket Strainer (PCO 124) = $1,351.00 • Work related to Field Electrical Changes (PCO125) = $8,028.00 • Worl related to Field Electrical Changes (PCO127) =$15,061.00 • Work related to installation of STF Ethernet to Paradigm Panel (PCO 128) = $1,632.00 • Work related to Steel Lintels Changes in the Control Building (PCO 129) = $13,538.00 • Work related to installation of Motor Operated Valve Power (PCO 130) = $5,890.00 • Work related to installation of additional receptacles in the SPB (PCO 131) = $17,202.00 • Work related to Grounding of SPB Cyclone (PCO132) = $3,155.00 • Work related to installation of the FIN Sample Flow Switch Bypass (PCO133) = $541.00 • Credit for Temporary Power (September 2021- February 2023) (PCO 134) = - $23,510.73 • Work related to Electrical Changes-AUX Contacts (PCO135) = $11,466.00 • Credit for F&R (PCO 136) = - $2,820.00 • Credit for GHD Inspection overtime (PCO137) = - $18,612.00 • Revisions for Control Building Concrete Floors (PCO 139) = $225,856.00 • Work related to Cyclone Insulation (PCO 140) = $32,860.00 • Work related to PCS Programming Revisions (PCO 142) = $1,184,00 • Work related to changes to E-Stop Pull Cords System (PCO 144) = $2,850.00  • Work related to installation of Dryer Discharge and Multiscrew Feeder E-Stop Pull Cords (PCO145) = $1,730.00 • Work related to Field Changes to WIN911 (PCO146) = $8,930.00 • Work related to installation of Dryer Tray Drive Local Control Station (PCO150) = $1,288.00 Project Funding Change Order No. 8 totals to $480,124.05. Carroll County is responsible for $24,361.00 (PCO 046 & PCO 097) and the State share will likely be $123,345.00. The remaining City share of $332,418.05 will require a budget amendment; funds are anticipated to be allocated from sewer reserves. Recommendation Staff recommends that the Common Council approved Change Order No. 8, in the total amount of $480,124.05, to the City's contract with HRI, Inc. Attachment • Proposed Change Order No.8 and associated supporting documentation. cc: Sara lmhulse, City Administrator Theresa Rodgers, Director of Finance Approval of Bid for Purchase of Pickup Truck To: Mayor and Common Council From: Mike Rawlings, Superintendent of the Water Plant Date: February 27, 2024 Re: Approval of a Bid for a Replacement Truck (2023 Ford Pickup Truck F-150 Extended Cab) from Apple Ford of Columbia, Maryland in the total amount of $40,000.00 Background The City’s adopted FY24 capital budget allocates funding for the replacement of trucks and equipment. This proposed purchase is for a replacement pickup truck. The requested utility vehicle is available via an existing contract between Baltimore County (0004504) and Apple Ford, located at 8800 Stanford Blvd. Columbia MD. Westminster’s procurement code allows the City to piggyback on this competitively awarded contract. The vehicle being purchased is a Ford F-150 (2023 Ford Pickup Truck F-150 Extended Cab). Further information is provided in the attached quote and specification sheets. The cost of the unit is $40,000.00, inclusive of all selected options. Project Funding The FY 2024 budget for this project is $40,000.00. Recommendation Staff recommends that the Mayor and Common Council authorize the sole source purchase of the replacement truck (2023 Ford Pickup Truck F-150 Extended Cab) from Apple Ford of Columbia, Maryland, in the total amount of $40,000.00. Attachment • Quotes, Specification Sheet for a Ford F-150 • Baltimore County Purchasing Contract #0044504 cc: Sara Imhulse, City Administrator Theresa Rodgers, Director of Finance Funding for Ford F-150 Extended Cab Truck for Water Plant To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance/Acting Director of Human Resources Date: March 1, 2024 Re: Funding for Ford F-150 Extended Cab Truck for Water Plant Background As part of the FY24 Capital Improvement Plan, the Mayor and Common Council authorized $40,000 for a truck for the Water department. City staff secured a quote for $40,000 for the purchase of an F-150 extended cab truck through a bid with Baltimore County; the $40,000 of appropriated funds are still available and no further appropriations are necessary. cc: Sara Imhulse, City Administrator Mike Rawlings, Water Superintendent Page 1 of 1  Fleet/Government Sales 8800 Stanford Blvd. Columbia, MD 21045 02/22/24 Zac Amoss Quote for 2023 Ford F-150 Extended Cab 4x4 6 1/2ft bed riding the Baltimore County Contract #0004504. Vehicle 2023 Ford F-150 Extended Cab 6 1/2Ft Bed $41,850.00 EQ 110A-Power Locks, Doors, Windows, Mirrors, Bluetooth, Backup Camera 995 5.0L V8 Gas Engine 44G 10-Speed Auto Trans XL6 3.73 E-Locking Rear 53B Class IV Trailer Hitch 924 Privacy Glass 153 Front Tag Bracket BCCD Baltimore County Contract Discount ($1,350.00) GPC Ford Price Concession ($500.00) Color Oxford White Interior Vinal Bucket Seats Delivery Days 30 Days Or Less Net Price Per (1) Unit: $40,000.00 Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from you. You can reach me at 443-539-1223 or by e-mail at: Jskipper@AppleFord.com. Thank you, Justin Skipper Resolution No. 24-04 - Introduction To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Meeting Date: March 11, 2024 Re: Resolution No. 24-04 a Resolution of the Mayor and Common Council of the City of Westminster, Maryland adopting the 2022 Carroll County Hazard Mitigation Plan. BACKGROUND Hazard mitigation planning reduces loss of life and property by minimizing the impact of disasters. A FEMA approved Hazard Mitigation Plan is an eligibility requirement for several federal grant programs, including but not limited to the Hazard Mitigation Grant Program (HMGP), the Building Resilient Infrastructure and Communities (BRIC) program, the Pre-Disaster Mitigation (PDM) Grant program, and the Public Assistance (PA) Grant Program. Accordingly, the 2022 Carroll County Hazard Mitigation Plan (the Plan) has been developed by Carroll County Department of Public Safety – Emergency Management staff in cooperation with the Carroll County Departments of Planning, Land and Resource Management, and Public Works and Carroll County municipalities. Natural disaster risks and vulnerabilities common to Carroll County were identified, and after identifying these risks long-term strategies for protecting people and property from similar events were developed. The Plan has been submitted to the Federal Emergency Management Agency (FEMA) and has received “approvable pending adoption” status. For the Plan to attain final “approved” status from FEMA, formal adoption by the Board of Commissioners is required. The Board of Commissioners adopted the Plan on April 13, 2023 which can be found online at: https://www.carrollcountymd.gov/media/avff0czx/hazard-mitigation-plan-v-17-march-2023-final-with-boc- adoption-resolution-_redacted-small.pdf. In order for municipalities in Carroll County, including the City of Westminster, to be eligible to apply for and receive such grants, it is necessary that the legislative body of each municipality wishing to become eligible to likewise adopt by resolution the Plan and submit documentation of such approval to FEMA. RECOMMENDATION Staff recommends that the Mayor and Common Council introduce and approve Resolution No. 24- 04, adopting the 2022 Carroll County Hazard Mitigation Plan. ATTACHMENT 1. Resolution No. 24-04 cc: Sara Imhulse, City Administrator Elissa D. Levan, City Attorney  Resolution 24-04: ATTACHMENT 1 RESOLUTION NO. 24-04 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF WESTMINSTER, MARYLAND ADOPTING THE 2022 CARROLL COUNTY HAZARD MITIGATION PLAN WHEREAS, Section 322 of the Disaster Mitigation Act of 2000 (DMA 2000) requires State and local governments to develop and submit for approval to the President a mitigation plan that outlines processes for identifying their respective natural hazards, risks and vulnerabilities; and WHEREAS, on or about April 13, 2023, the Commissioners of Carroll County adopted the 2022 Carroll County Hazard Mitigation Plan (hereinafter “the Plan”); and WHEREAS, the City of Westminster, Maryland is vulnerable to natural hazards which may result in loss of life and property, economic hardship and threats to public health and safety; and WHEREAS, adoption of the Plan, which was determined by the Federal Emergency Management Agency (“FEMA”) to comply with requirements of 44 CFR Section 201.6, made Carroll County eligible to apply for and receive program grants under the Hazard Mitigation Grant Program, as well as the Pre-Disaster Mitigation, Flood Mitigation Assistance and Severe Repetitive Loss programs; and WHEREAS, in order for municipalities in Carroll County, including the City of Westminster, to be eligible to apply for and receive such grants, it is necessary that the legislative body of each municipality wishing to become eligible to likewise adopt by resolution the Plan by March 16, 2024 and submit documentation of such approval to FEMA; and  WHEREAS, the Mayor and Common Council has determined it to be in the best interests of the City and its citizens to become eligible for the grants mentioned above and therefore to adopt the Plan. NOW THEREFORE BE IT RESOLVED by the Mayor and Common Council of the City of Westminster that: (1) The 2022 Carroll County Hazard Mitigation Plan be and is hereby adopted as the Hazard Mitigation Plan for the City of Westminster. INTRODUCED AND ADOPTED this 11th day of March, 2024 ______________________________ Douglass A. Barber, City Clerk APPROVED this 11th day of March, 2024 ______________________________ Dr. Mona Becker, Mayor APPROVED AS TO FORM AND SUFFICIENCY, this _____ day of _________, 2024 ___________________________ Elissa D. Levan, City Attorney Approval – Sole Source Contract with Ram Jack Chesapeake for remediation of the Chemical Building To: Mayor and Common Council From: Vance Summerhill, Superintendent of Water Reclamation Facility Date: March 6, 2024 Re: Approval – Sole Source Contract with Ram Jack Chesapeake for remediation of the Chemical Building in the amount not to exceed $120,000.00 Background The Chemical Building is in need of remediation because it was damaged during the ENR upgrade project. GHD researched remediation methods and contacted two potential contractors. Of the two contractors, only Ram Jack Chesapeake responded. This type of work is highly specialized. The work involves lifting the structure back into place and grouting beneath the structure to secure from further movement. Additionally, time is of the essence for this work. HRI will be laying final paving in the spring. If we can get this work done before that happens it will save us additional pavement patching. Funding Funding will require a budget amendment; funds are anticipated to be allocated from sewer reserves. Recommendation Staff recommends that the Mayor and Common Council approve a sole source contract with Ram Jack Chesapeake for remediation of the Chemical Building not to exceed $120,000.00. Attachment • Ram Jack Chesapeake quote cc: Sara Imhulse, City Administrator  Prepared for: GHD Consulting Engineers Steven Janosik 45 W Main St Westminster, MD 21157 (181) 371-6426 | steven.janosik@ghd.com Evaluated on: Saturday, December 9, 2023 Evaluated By: Richard Hammond (410) 507-2244 | rhammond@ramjackchesapeake.com Ram Jack Chesapeake 1230 Cronson Boulevard Unit A Crofton, MD 21114 Main (443) 818-4400 www.ramjack.com/annapolis/ Ref #3572 Page 1 of 13  Scope of Work We would like to thank you for giving RamJack Chesapeake the opportunity to earn your business. Our belief is to approach projects using a comprehensive plan that corrects the source of the problems and the symptoms they have caused. This method provides a quality solution that lasts much longer than addressing only portions of the issues. After performing a thorough examination of your property, we have prepared the following estimate and diagram to meet the needs of your project. We believe this will provide a detailed explanation of our solution as well as the associated costs. Westminster WWTP ENR and Biosolids Chemical Feed Building Helical Piles Ref #3572 Page 2 of 13 Pier Installation Product Quantity Underpinning Pile #2 12 Engineer Fee 1 Days for Install Notes 4 Removal of both sets of steel stair will be necessary. Done by others prior to the arrival of RJC. Removal of any piping, wiring, fencing, will be done by others prior to the arrival of RJC. Utility marking will be done by others prior to the arrival of RJC. Breakout Max Depth 50'. See the clause below. Helical piles will be install be installed to an allowable capacity of 31.5 kips with an approximate spacing of 7'6". One mobilization is included in this proposal. See clause below. Helical Piles will be installed by an excavator. Helical piles will be thermoplasti powder coated. A Pile Load Test is NOT included. Store the excavated soil on site. Excavated soil will be used for backfill. Notify Ram Jack if the excavated soil can not be used as backfill. A scope change will be required. Asphalt repair by others. If the condition of the footing is questionable or there is no footing then there will be a price adjustment for that condition. If there are subterranean obstructions that need to be removed or a pile needs to be relocated or replaced there will be a price adjustment for that condition. Assumptions: The footing depth is 48"+/- below grade. Ram Jack will have working room for an excavator and other equipment next to the building. Soil that is excavated will be used for backfill. All other structural repairs will be done by others. NIC. Overview Install twelve (12) 2 7/8" Threaded Connection Ram Jack Underpinning Helical Piles on three sides of the Westminster WWTP ENR and Biosolids Chemical Feed Building Addition. Preliminary pile plan is shown on the geotechnical report labelled CITY OF WESTMINSTER, MARYLAND CHEMICAL FEED BUILDING UNDERPIN LOCATION PLAN FIGURE 2. The report is dated April 17, 2023 Engineering: Ram Jack will retain a third-party to design the final underpin layout and connections and submit to GHD for review. GHD to provide as-builts for the building and locations of the soil nails and compaction grouting. . Demolition Product Quantity Demolition 1 Notes Remove Twelve (12) sections of asphalt at the helical pile locations and haul away debris. Ref #3572 Page 3 of 13 Polyurethane Foam Product Quantity Polyurethane Foam Injection 9 Notes N/A Overview Contractor shall provide all labor and materials, and shall construct for Owner the following; Using TerraThane 24-486 (4lb) Polyurethane Foam- Fill void under 740 sq ft out building, foam will be injected through 5/8” bore holes @ top of slab. Foam will fill entire cavity under building to create synthetic sub base after building has been lifted by helical piers. -9 cubic yards (minimum) included in price and 1 business day Additional material (if necessary) will be billed @ $550.00 per 1/2 yard in place. -WWTP must have any underground lines marked prior to MCL arrival. -Price subject to change onsite Ref #3572 Page 4 of 13  Costs Section: Westminster WWTP ENR and Biosolids Chemical Feed Building Helical Piles Description Quantity Underpinning Pile #2 12.00 Labor 4.00 Demolition 1.00 Engineer Fee 1.00 Polyurethane Foam Injection 9.00 Total Cost: $59,572.00 Total: $59,572.00 Payment Terms Deposit Due at bid acceptance $29,786.00 Final Payment Due at project completion $29,786.00 Ref #3572 Page 5 of 13 Terms & Conditions Disclaimers If there are subterranean obstructions that need to be removed or a pile needs to be relocated or replaced there will be a price adjustment for this condition. Ram Jack only requests adjustments to the Installation Fee when faced with a burden to the installation and/or will result in better service and results. Additional Depth. The Pre-approved Pile Depth Change Order is based on the additional extensions used per pile beyond the breakout depth listed below. a. 2 7/8 Helical Pile Depth Fee is an additional $295 per extension after 50 feet. Owner/Agent (initials) agrees to the above Change Order(s), if incurred: X Ram Jack gathers data based solely upon a visual examination of the exterior and interior of your structure, as well as landscape and drainage issues affecting the foundation. Ram Jack is a licensed contractor and is neither an engineering firm nor a home inspector. As such, Ram Jack does not examine for structural defects, and makes no opinion as to structural issues and defects. If you suspect damaged wood, mold or structural issues, consult a professional engineer before any work. Ram Jack neither takes soil samples nor does it represent to provide any technical reports. You have requested this proposed plan for foundation support before the engineer’s review. If you agree to the above services, an engineer will review all data and documents. If the engineer proposes any changes, Ram Jack will notify you. By signing below, you accept the above Services, decline all others, and acknowledge that future movement may occur outside the accepted Area(s) of Work from which you release Ram Jack of any liability or warranty. Piles will be Thermoplasti Powder Coated. Pre-approved Change Order for Excavation: Excavation will be down to a max depth of (4') Four feet. If additional depth is needed beyond 4 feet it will be an additional $100.00 per foot in depth and a max length and width of 4 feet. If shoring is needed that will be an additional change that will be determined by the site conditions. X Initial Here This bid will be valid for 14 days. Ram Jack is not responsible for sub surface conditions that differ from the soil borings. Ram Jack Chesapeake's Proposal does not include the following items: 3rd Party Engineer Installation Inspection Architectural Plans Geotechnical, civil, and structural engineering and stamped plan and reports Permitting Surveying and staking of pile locations Removal, replacement and/or protection of existing landscaping Replacement of any exterior paving, walkways, ramps, porches, decks, Flag Poles, HVAC equipment and any other exterior building services moved for installation of exterior piles. Soil Removal, storage, soil drying and dewatering All and Any Excavation and Backfill Setting rebar and Pouring of concrete grade beam Safety measures for deep digs Utility survey and markings Field welding Bonds Removal of underground obstructions Pile relocation and replacing pile material due to underground obstructions Ref #3572 Page 6 of 13 If the condition of the footing is questionable or there is no footing then there will be a price adjustment for that condition. If there are subterranean obstructions that need to be removed or a pile needs to be relocated or replaced there will be a price adjustment for that condition. Anything not specifically stated above There is one mobilization included on this proposal. Additional mobilizations will be $3,500.00 per mobilization. The project will be done on consecutive days. Pre-Bore: If pile locations need to be pre-bored for any reason there will be an additional charge of $500 per pile location down to a max depth of ten (10) feet. Bore holes will need to be grouted after the helical pile is installed. Grouting of the pre- bore holes will be done by others and is not included in this proposal. *If the pile location is not able to be pre-bored by RJC's rock bit the pile will have to be relocated or the obstruction cleared by others. RJC is not responsible for damage to unknown plumbing, electrical, cracks in floors or walls and/or any other damage that may occur as a result of the slab raising process. Interior plumbing must be scoped and any breaks or breaches repaired by others prior to RJC arrival. Hairline cracks may appear larger after slabs are raised/supported. Warranty: RJC will offer a one year warranty for concrete leveling on slabs. Concrete raised by tree roots and/or further ground settlement will not be covered under warranty. This warranty is void if owner does not reroute all downspouts to divert water, properly caulk all joints, acts of nature, maintain proper backfill and grading, placing heavy machinery and/or loads on the concrete within 24 hours after the injection and other conditions outside of Ram Jack's control. Contract AGREEMENT FOR WORK Helical and Driven Steel Piles CHESAPEAKE FOUNDATION SOLUTIONS, LLC ("Ram Jack") And the Owner of the Site ("You") make this agreement on the date below related to foundation support at the Site. Both of us agree as follows: You want Ram Jack to install steel piles to support the foundation of a structure at the Site in designated areas and attempt to recover any settlement. You agree Ram Jack is not responsible for prior construction and present structural defects, and that it is the nature of the work that damage may occur when supporting a foundation. Ram Jack agrees to do its work using ordinary skill and care, and you agree to release Ram Jack from all damages. The rest of this agreement expresses the above, payment, and your limited lifetime warranty. 1. Description of the Work: As your licensed contractor, Ram Jack will support the foundation of the structure located at the Site within each designated Area of Work for the sole purpose of preventing downward movement. Based on observed evidence of settlement, your Elevation Profile and Service Plan (“Service Plan”) shows one or more Area(s) of Work with each area and pile identified alphanumerically. Each Area of Work consists of a series of new Ram Jack® driven steel or helical piles that support the foundation above each pile. Before work begins, an engineer, where required, designs and approves the final Service Plan. The Work is generally described as follows: a. At each pile location, a limited area of concrete, obstructions and/or landscaping is excavated, removed, or unearthed. Fixtures are moved as you approve, the soil is excavated to obtain an opening, and the area is prepared to install a pile. b. Under the foundation beam, a Ram Jack support bracket is positioned and fit at each pile location (Installation begins). c. Each Ram Jack helical pile is advanced by torque, to the appropriate capacity and embedment, as Ram Jack in its discretion, determines. d. Each pile is then affixed to its paired bracket with the Ram Jack securing technique to support the foundation beam and prevent downward movement. e. Once Ram Jack begins work, you agree to allow Ram Jack to complete the Work to Installation. In areas where you did not request Ram Jack to work (any area outside the Area(s) of Work), you release Ram Jack from liability. The Work does not include any cosmetic repairs, improvements to a structure, a porch or its reinstallation, replacing wood, walkways, flooring, or any similar improvement. If Ram Jack agrees to conduct such work, it will do so only through a Change Order. Ref #3572 Page 7 of 13 2. Installation Price: You agree to pay Ram Jack a total of the contract which is subject to any Change Order(s). Ram Jack requires a nonrefundable payment for expenses. The balance of fee is due immediately upon Installation, before the Crew leaves the site. Ram Jack uses the payment to retain engineer, apply for permits, and purchase materials, and suffers damages if you cancel 24 hours after the date of this agreement. To prevent damages, you waive your rights to any refund of expenses after five/seven days, not as a penalty, but to approximate expenses. After Installation, Ram Jack will clean up as practical, leaving excavated soil open for inspection as local government requires. Leaving the Work open for inspection is not an excuse to delay payment. You must pay the balance at Installation as a condition to receiving a Warranty. After the Work passes inspection, Ram Jack will complete Backfill, given weather and scheduling, on a timely basis. 3. Interest; Costs of Collection: Ram Jack is due the Installation Price, interest, reasonable attorney’s fees, and other costs it incurs to collect any balance. If you do not pay the balance within 30 days of Installation, all warranties are void, and you agree to pay interest at the highest rate allowable starting from the Installation date. 4. Cancellation: You may cancel this agreement within 24 hours of signing this contract by writing Ram Jack that you cancel. If you do not offer this within the 24 hour notice, you agree to pay the material deposit, engineering/permitting fee, and any other fees that have been applied to your project since Ram Jack suffers damages. PREPARING FOR THE WORK 5. Responsibilities and Duties: a. Safe Premises and Utilities: You must inform Ram Jack about safety issues at the site that may affect the crew. If Ram Jack requires use of utilities, you will grant free access to electricity and water. If not, you shall agree to a Change Order for power and water. b. Ram Jack Is Not Responsible For Conducting Soil/Core Analysis, Prior Construction, or Defects. Ram Jack is a contractor that collects limited data from which an engineer (where required) designs a plan of work. Unless otherwise agreed in a Change Order, you release Ram Jack for not retaining an engineer to conduct a soil analysis, requiring an engineer’s presence at the Site, any prior construction and structural defects, or their discovery, and from damages that unrepaired or future structural defects may cause. If you know or suspect any defect, you must inform Ram Jack in writing before work begins. c. Impending Disasters: If a natural disaster or inclement weather such as floods, hurricanes, tornadoes, snow, ice, etc., are forecast, and delays the crew or endangers their safety, you agree to release Ram Jack from any scheduled start and completion dates and reschedule the Work with Ram Jack. DURING THE WORK 6. Unforeseen Conditions: Ram Jack may find that conditions differ from its initial observations when gathering data. All such conditions are beyond the scope of this Agreement and require additional work and/or engineering. Other than repositioning a piling before Installation, you agree to a Change Order when such conditions exist. 7. Objectives of the Work: Ram Jack wants to prevent future downward movement above each pile and reduce structural stress by improving the horizontal alignment of the foundation beam. Ram Jack wants cracks to close, windows and doors to align and open and shut more smoothly, and wants the slope of floors to improve in the Area(s) of Work. The structure, however, does not always allow Ram Jack to achieve its objectives. 8. Damage Exclusions: Ram Jack will act with courtesy and conduct its work using ordinary skill and care, but working in a limited space, digging, drilling, sawing through concrete and wood, and lifting a foundation or wood that supports various components, may cause damage for which you agree Ram Jack is not liable. Most damage is cosmetic but can vary due to the nature of the work. Unless stated otherwise, you release Ram Jack from liability for all of the following damages: a. General Damage: When Ram Jack conducts Work, the structure and its components may move. You may see damage such as cracks in concrete, brick, sheetrock, rock, veneer, tile, glass, roof and shingles, flooring, and other rigid materials. b. Buried Utilities; Plumbing: Ram Jack will follow State law and use reasonable caution to locate public utilities. Damage and separation may occur to buried utilities and plumbing, including but not limited to fixed pipes and conduits, drains, pumps Ref #3572 Page 8 of 13 or well, other connections, septic or other storage, sprinkler systems, or installed waterproofing. c. Interior Work: Cutting through concrete, wood and other materials may cause damage, including damage to flooring, wood components, and all coverings. Ram Jack is also released from reinstalling or sealing floors and all coverings. d. Concrete or Surface Replacement: Where the Work includes demolition of concrete or other surfaces, and where Ram Jack removes concrete, brick, or other components, the depth, replacement color, and texture of concrete will not match the existing surface. Where a contractor will lay brick or other materials, the concrete finish work may not meet their needs. Discuss this work with your crew leader. AFTER THE WORK 9. Plumbing Test: Ram Jack recommends an inspection and hydrostatic plumbing test of all supply and waste systems after the Work to detect any damage and leaks. 10. Potential for Future Movement: Soil movement is unpredictable, and the potential exists for future movement of the foundation. Ram Jack recommends you read the document in your folder entitled "Causes of Foundation Failure,” which describes movement, and your responsibilities for inspecting and caring for your foundation. 11. Liability and Limited Warranty: Ram Jack only warrants that it will do its work using ordinary skill and care. Other than the above warranty, Ram Jack makes no others, written, oral, expressed, or implied as to its work. You agree that damages are difficult to estimate due to the nature of the Work and that the Installation Price is the maximum amount of damages if a breach occurs, that this amount is not a penalty, but fair and reasonable, and is the extent of Ram Jack’s liability. Upon full payment, you will receive a transferable Limited Warranty stating that any pile Ram Jack installs at your property will not experience downward movement for the life of your structure. 12. Catastrophic Events: Ram Jack piles may fail from catastrophic events, caused by nature or man, or a combination of both factors. Catastrophes may take the form of tornadoes, earthquakes, excessive wind, fire, explosions, floods, tidal waves, rain causing slope failure, failure from natural soil creep, soil collapse, slope failure, heaving, sinkholes, subsidence or similar events. You release Ram Jack from all liability due to such events. 13. State Law and Amendment; Rights: This agreement is governed and defined by the laws of Maryland with venue in Anne Arundel County. We may amend this agreement in a writing we both sign. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. 14. Your Satisfaction Is Our Goal: If you have a concern during the Work, please speak with your Crew Supervisor. After the Work, you agree to first call Ram Jack at 1-410-334-7551. If needed, a Specialist will meet with you as to warranty or any foundation related issues. 15. Settling Disputes; Waiver of Jury: We agree to postpone any litigation and first resolve all disputes arising from this Agreement through informal negotiations, not through third parties, within six months of you giving Ram Jack written notice describing any potential construction defects in particularity. If we do not settle all issues within six months of such notice, you agree to utilize any State statute regarding notice and opportunity to cure as a condition before litigating any remaining issues, which litigation shall be heard before a Judge of a Court of Competent Jurisdiction. This is generally a less expensive and faster form of arbitration since a Judge is already a paid arbiter of disputes. YOU AND RAM JACK HEREBY WAIVE ALL RIGHTS TO A TRIAL BY JURY. BOTH OF US ACKNOWLEDGE AND REPRESENT TO HAVE KNOWINGLY AND VOLUNTARILY WAIVED OUR RESPECTIVE RIGHTS TO A JURY TRIAL WITH RESPECT TO ALL LEGAL MATTERS OR DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT. 16. NOTICE AND OPPORTUNITY TO CURE: ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO ANY STATUTORY NOTICE AND CURE PROVISIONS OF THE LAWS OF THE STATE OF MARYLAND RELATED TO THIS AGREEMENT. 17. Rely Only on This Written Agreement: This agreement is the entire understanding between us concerning its subject matter and takes the place of all other agreements, whether written or oral, between us. YOU SHALL NOT RELY ON ANY STATEMENTS, VIDEO, OR MEDIA READ, SEEN, OR HEARD OUTSIDE OF THIS WRITTEN AGREEMENT, AS THEY ARE NEITHER WARRANTIES NOR PART OF THIS AGREEMENT. You, the buyer, may cancel this transaction at any time prior to midnight of the fifth business day, or seventh business day if the buyer is at least 65 years old, after the date of this Ref #3572 Page 9 of 13 transaction. See the attached notice of cancellation for an explanation of this right. The Ram Jack Operations Manager must approve any changes to this agreement in a signed writing. The agreement is subject to the engineer’s sealed design and is effective for 120 days from the signing date. After the effective period, Ram Jack reserves the right to observe changes in foundation movement at the site, cancel this Agreement, and offer you a new Agreement. I am the Owner of the Site and have read this Agreement, consisting of three pages, in addition to the Scope, Service Plan, Causes of Foundation Failure, Frequently Asked Questions (FAQ), and Maryland State Law Disclosures, and understand all of these documents comprise my Agreement. I agree that all referenced documents shall be read together to resolve any disputes. I have also received the Notice of Cancellation (in duplicate) and had an opportunity to read the Limited Warranty, and ask questions about it and all of the above mentioned documents, which Ram Jack answered in plain language. My Representative reviewed the above with me as well as my right to cancel. If married and my spouse is not present, I have the authority to sign as Agent. I understand this agreement and agree to all of its terms. THE OWNER’S SIGNATURE BELOW SHALL SERVE AS ACKNOWLEDGEMENT AND RECEIPT OF A COPY OF THIS AGREEMENT, COST FOR SERVICES, SERVICE PLAN, FAQ, CAUSES OF FOUNDATION FAILURE, MARYLAND STATE LAW DISCLOSURES, AND RIGHT TO CANCEL. By signing any forms or agreements provided to you by Ram Jack Chesapeake, you understand, agree and acknowledge that your electronic signature is the legally binding equivalent to your handwritten signature. You agree, by providing your electronic signature, that you will not repudiate, deny or challenge the validity of your electronic signature or of any electronic agreement that you electronically sign or their legally binding effect. Signature: Date: Time: Ref #3572 Page 10 of 13  Photos Westminster WWTP ENR and Biosolids Chemical Feed Building Helical Piles Scope of Work - Piles Ref #3572 Page 11 of 13