Mayor & Common Council Meetings

REVISED AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, August 12, 2024, at 7:00 pm City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 City YouTube Channel Link 1. CALL TO ORDER STATEMENT FOR THE RECORD – CLOSED MEETING OF MONDAY, JULY 22, 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 Monday, July 22, 2024, at 8:17 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 and (b)(7) to consult with counsel to obtain legal advice. Motion – Chiavacci/Hoff Vote to Close Meeting: Yes No Abstain Absent Mr. Chiavacci Yes Mr. Dayhoff Yes Ms. Gilbert Yes Mr. Hoff Yes Mr. Pecoraro Mayor Becker The following staff members attended the meeting: City Administrator Imhulse, City Attorney Levan, Superintendent Water Reclamation Facility Summerhill, and Attorney Whitworth. The Common Council took official action during the meeting. The Closed Meeting adjourned at 9:45 p.m. 2. APPROVAL OF MINUTES A) Mayor and Common Council Meeting of July 22, 2024 B) Mayor and Common Council Closed Meeting of July 22, 2024 3. CONSENT CALENDAR A) Award of Contract to Keller Brothers to Piggyback on Howard County Contract 4400004112 for Renovations of City Park Restrooms, with a maximum cost of $109,000. B) Approval to Waive Competitive Bidding for Good Cause under Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations for the Installation of 2024 Holiday Lights with Choice Planting Inc., of Glen Bernie, Maryland in the Total Amount of $49,290.00. C) Approval of Change Order to Ram Jack Contract with Ram Jack Corporation for Remediation of the Chemical Building in the amount of $73,812.66.  D) Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations to Purchase Gorman Rupp Pumps from Envirep to Replace Pumps at Pump Station 15 (814 Pool Road, Westminster, Maryland 21157) in the Amount of $127,715.00. 4. REPORT FROM THE MAYOR 5. 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 6. COUNCIL COMMENTS AND DISCUSSION 7. BIDS A) Approval of Sole Source Purchase for Cellular Meters with Badger Meter USA in the amount of $450,000. – Director of Public Works Summerhill B) Approval to Purchase a Pickup Truck (Ford F350) from Apple Ford located at 8800 Stanford Boulevard, Columbia, Maryland at a total cost of $79,535.00. – Director of Public Works Summerhill 8. UNFINISHED BUSINESS 9. NEW BUSINESS A) Approval of Wickersham Change Order No. 1 and Change Order No. 2 – Director of Recreation and Parks Gruber 10. DEPARTMENTAL REPORTS 11. CITIZEN COMMENTS 12. ADJOURNMENT  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, July 22, 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 Gilbert, Councilmember Hoff, and Council President Pecoraro. Staff Present: City Clerk Barber, Director of Housing Services Brown, Director of Community Planning and Depo, Director of Recreation and Parks Gruber, City Administrator Imhulse, Chief of Police Ledwell, City Attorney Levan, Director of Human Resources Merritt, Director of Technology Services Moore, and Director of Finance Rodgers. PRESENTATION MAGIC Quarterly Update – Ms. Kim Samuelson Ms. Kim Samuelson, MAGIC Executive Director, presented the quarterly update (April 2024 – June 2024) for MAGIC. APPROVAL OF MINUTES A motion was made by Councilmember Dayhoff and seconded by Councilmember Hoff to approve the Mayor and Common Council Closed Meeting minutes of June 10, 2024, and the Mayor and Common Council Meeting minutes of July 8, 2024. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. CONSENT CALENDAR A motion was made by Councilmember Chiavacci and seconded by Councilmember Gilbert to approve the Consent Calendar, which consisted of the following: Approval of Departmental Operating Report for June 2024; the Approval of the reversal of the Receivable and the “Write Off” to Bad Debt Expenses of each of the charges totaling $61,520.00; Approval to waive the competitive procurement for good cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations to award a contract to The Traffic Group for Traffic Study Services in the amount of $64,500; Approval to waive competitive bidding for good cause under City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations to purchase an 80Kw portable generator from Rippeon Equipment Company in the amount of $86,531.55; and Approval of Sole Source Contract with Guyer Brothers Utility Construction, Inc., for repairs to Pump Station 6 Collection System in the amount of $218,046.00. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. 1 REPORT FROM MAYOR Mayor Becker noted her recent attendance at the 2024 Annual Maryland Municipal League Conference held in Ocean City, Maryland. Mayor Becker also noted her appointment to the Maryland Municipal League’s Engagement and Outreach Committee which is also being chaired by our City Clerk Doug Barber. Mayor Becker reminded everyone of the upcoming Historical Society of Carroll County History Fest scheduled for Saturday, July 27, 2024, at 210 East Main Street. Mayor Becker closed her report by noting that starting on Wednesday, August 7, 2024, some of the businesses will be staying open late for “First Wednesday” of the Month, and it will continue for the months of September and October. REPORTS FROM COMMITTEES Councilmember Chiavacci on behalf of the Public Safety Committee, noted that during the week of July 8 – 12, Sgt. Dellospedale participated in the annual Camp Cops outreach event, that provides an opportunity for middle school children to interact with local law enforcement. Councilmember Chiavacci also noted that the Westminster Police Department hired two certified police officers, Officer Hines will start on July 30, 2024, and Officer Hara will start on August 13, 2024. Councilmember Chiavacci closed his report by reporting that Sgt. Lambert earned 2024 Quarter 2 “Police Officer of the Quarter” Award and Dispatcher Reid earned the 2024 Quarter 2 “Civilian Employee of the Quarter” Award. Councilmember Gilbert, on behalf of the Public Works Committee, noted that the department has been working on the following projects: Storm Drain Maintenance and Road Maintenance Improvements. Councilmember Gilbert, on behalf of the Recreation and Parks Committee, noted the recent events sponsored by the Westminster Recreation and Parks Department. Councilmember Gilbert closed her report by also noting that July is National Recreation and Parks Month and to check out the City’s website (www.westminstermd.gov) for activities being held throughout the month. COUNCIL COMMENTS AND DISCUSSION Councilmember Gilbert noted that she is serving on the 2024-2025 Maryland Municipal League’s Conference Planning Committee. Councilmember Hoff noted that he is serving on the 2024-2025 Maryland Municipal League’s Legislative Committee. BIDS Approval to Purchase a Pickup Truck (Ford F350) from Apple Ford located at 8899 Stanford Boulevard, Columbia, Maryland under Baltimore County Government Contract # 00004504 at a total cost of $83,285.00 A motion was made by Councilmember Chiavacci and seconded by Councilmember Hoff to approve the purchase of a Pickup Truck (Ford F350) from Apple Ford located at 8899 Stanford Boulevard, Columbia, Maryland under Baltimore County Government Contract # 00004504 at a total cost of $83,285.00. City Administrator Imhulse provided the staff report on the item. There was no discussion. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. 2 Approval to Purchase a Pickup Truck (Ford Ranger) from Apple Ford located at 8800 Stanford Boulevard, Columbia, Maryland under Baltimore County Government Contract # 00004504 at a total cost of $44,975.30 A motion was made by Councilmember Dayhoff and seconded by Councilmember Hoff to approve the Purchase a Pickup Truck (Ford Ranger) from Apple Ford located at 8800 Stanford Boulevard, Columbia, Maryland under Baltimore County Government Contract # 00004504 at a total cost of $44,975.30. City Administrator Imhulse provided the staff report on the item. There was no discussion. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations and Authorize the Purchase of a Mini Excavator from Metro Bobcat in the total amount of $74,363.80 A motion was made by Councilmember Hoff and seconded by Councilmember Chiavacci to approve to waive the competitive procurement for good cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations and authorize the purchase of a Mini Excavator from Metro Bobcat in the total amount of $74,363.80. City Administrator Imhulse provided the staff report on the item and responded to questions of clarification posed by the Common Council on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations and Authorize the Purchase of a Forklift from Atlantic Truck Lift, Inc., in the total amount of $33,342.29 A motion was made by Councilmember Chiavacci and seconded by Councilmember Gilbert to approve to waive the competitive procurement for good cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations and authorize the purchase of a Forklift from Atlantic Truck Lift, Inc., in the total amount of $33,342.29. City Administrator Imhulse provided the staff report on the item. There was no discussion on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. ORDINANCES AND RESOLUTIONS Introduction of Charter Amendment Resolution 24-02, a Charter Amendment Resolution of the Mayor and Common Council of the City of Westminster concerning the single subject, “Elections”, to amend the Charter of the City of Westminster, § 3, “Qualifications for and Election of Mayor and Common Council; notifications of those elected,” to repeal§ 3.1, “Absentee Registration and Registration and Ballot for members of Armed Forces”, and to enact § 3.1 as “Registration of Voters,” to repeal § 4,”Board of Registration of Voters – Appointment and Term of Office” and to enact § 4 “Regulations and Control,“ to repeal § 5, “Same-Form and Procedure 3 for Registration of Votes; Cancellation of Registration”, to repeal § 5.1, “Absentee Registration and Registration and Ballots for Physically Disabled Voters and Others,” and to enact § 5.1 as Absentee Voting,” to amend § 6 “ Tie Elections for Mayor and Councilman, Refusal to Serve and Other Disqualifications; Filling Vacancies,” and amending § 7 “” Oaths of Office, all City Officers; Common Council Judge of Qualifications of Mayor and Councilmen” A motion was made by Councilmember Chiavacci and seconded by Councilmember Gilbert to introduce Charter Amendment Resolution 24-02, a Charter Amendment Resolution of the Mayor and Common Council of the City of Westminster concerning the single subject, “Elections”, to amend the Charter of the City of Westminster, § 3, “Qualifications for and Election of Mayor and Common Council; notifications of those elected,” to repeal § 3.1, “Absentee Registration and Registration and Ballot for members of Armed Forces”, and to enact § 3.1 as “Registration of Voters,” to repeal § 4,”Board of Registration of Voters – Appointment and Term of Office” and to enact § 4 “Regulations and Control,“ to repeal § 5, “Same-Form and Procedure for Registration of Votes; Cancellation of Registration”, to repeal § 5.1, “Absentee Registration and Registration and Ballots for Physically Disabled Voters and Others,” and to enact § 5.1 as Absentee Voting,” to amend § 6 “ Tie Elections for Mayor and Councilman, Refusal to Serve and Other Disqualifications; Filling Vacancies,” and amending § 7 “Oaths of Office, all City Officers; Common Council Judge of Qualifications of Mayor and Councilmen”. City Clerk Barber provided the staff report on the item. City Clerk Barber responded to questions posed by the Mayor and Common Council on the item. The Mayor and Common Council all thanked the staff for their many hours of work on the item. City Administrator Imhulse took a moment and thanked the City of Westminster Board of Elections and the Election Judges for their work and input on the City’s election process. City Clerk Barber closed by thanking the Mayor and Common Council for their work and input on proposed Charter Amendment Resolution 24-02. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. Introduction of Ordinance 2024-07, an Ordinance amending Chapter 4, Administration of Government,” of the Code of the City of Westminster, to repeal § 4-6 “Authorization; Empowerment; Membership: Elections; Terms; Qualifications” and § 4-6.1 “ Filling Council Vacancies” as these Issues are Addressed in Chapter 14 “Elections” of the City Code, and amending Chapter 14, “Elections, of the Code of the City of Westminster to Align the Provisions of Chapter 14 with the City Charter, to Enhance the Efficiency of the Conduct of the City Elections, to Change References from the City Clerk to the Clerk of Elections, to Clarify when Declarations of Candidacy may be Filed, Providing Qualifications for Members of the Board of Elections, Judges of Election and Campaign Treasurers, to Incorporate the Process for Absentee Voting, and Providing a Complaint Procedure; to Provide for Filling Vacancies in the Common Council; to Delete Certain Obsoleted Provisions; and to Make Other Changes of a Housekeeping Nature. A motion was made by Councilmember Chiavacci and seconded by Councilmember Hoff to introduce Ordinance 2024-07, an Ordinance amending Chapter 4, Administration of Government,” of the Code of the City of Westminster, to repeal § 4-6 “Authorization; Empowerment; Membership: Elections; Terms; Qualifications” and § 4-6.1 “ Filling Council Vacancies” as these issues are addressed in Chapter 14 “Elections” of the City Code, and amending Chapter 14, “Elections, of the Code of the City of Westminster to align the provisions of Chapter 14 with the City Charter, to enhance the efficiency of the conduct of the City Elections, to change references from the City Clerk to the Clerk of Elections, to clarify when Declarations of Candidacy may be filed, providing qualifications for members of the Board of Elections, Judges of Election and Campaign Treasurers, to incorporate the process for Absentee Voting, and providing a complaint procedure; to provide for filling vacancies in the Common Council; to delete certain obsoleted provisions; and to make other changes of a housekeeping nature. City Clerk 4 Barber provided the staff report on the item. There was no discussion. City Clerk Barber advised that Ordinance 2024-07 would be adopted in the same timeframe as Charter Amendment 24-02. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. UNFINISHED BUSINESS There was no unfinished business to be discussed by the Mayor and Common Council. NEW BUSINESS Motion to go into a Closed Meeting – Monday, July 22, 2024 A motion was made by Councilmember Chiavacci and seconded by Councilmember Hoff to move that the Common Council adjourn into a Closed Meeting, at the conclusion of the meeting of July 22, 2024, 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” and (b)(7) “to consult with counsel to obtain legal advice”. There was no discussion. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. DEPARTMENTAL REPORTS City Administrator Imhulse thanked the Mayor and Common Council for their partnership on the introduction of the election legislation, she noted she viewed the project as legacy project for the City. Recreation and Parks Director of Recreation and Parks Gruber thanked the Mayor and Common Council for their approval to fund the six new treadmills for the City of Westminster’s Fitness Center. Director of Recreation and Parks Gruber closed her report by providing highlights from the recently held events. Technology Services Director of Technology Services Moore provided an update on the projects the department is handling. Community Planning and Development Director of Community Planning and Development Depo gave the following report: • On July 17, 2024, the City Westminster partnered with Bartlett Tree Experts for the beneficial insect release. Children from the City’s Camp attended the event and learned about ladybugs during an outdoor presentation and helped release 27,000 ladybugs into the bushes and trees outside of City Hall (1838 Emerald Hill Lane). • On July 18, 2024, the Planning and Zoning Commission: o Introduced an Amendment to the Wakefield Valley Development Plan proposing to construct 25 single family detached dwellings on 38.29 acres and dedicated 16.06 acres to Carroll Lutheran Village. The Commission requested that staff work with the applicant to schedule a future meeting o Reviewed the McDaniel Overlook preliminary subdivision plan located off Wyndtryst Drive to construct 4 single family detached dwellings. The Commission continued the application. 5  o Approved Sign Permit 1959 allowing a sign greater than 64 square feet but less than 125 square feet at 1101 Business Parkway. Finance Department Director of Finance Rodgers noted the City’s Audit Firm has been on-site doing preliminary work on the FY24 Audit. Westminster Police Department (WPD) Chief Ledwell noted the Annual National Night scheduled for Tuesday, August 6, 2024, with (5) five sights in the City of Westminster. Chief Ledwell noted additional details will be provided to the Mayor and Common Council as location and final details are provided. 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 Common Council at the meeting. ADJOURNMENT Council President Pecoraro announced that the next meeting of the Mayor and Common Council would be on Monday, August 12, 2024, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 8:10 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 _____________________________. 6 Bids – Renovation City Park Restroom Building Rec. Dept. To: Mayor and Common Council From: Abby Gruber, Director of Recreation and Parks Date: August 8, 2024 Re: Approval - City Park Restroom Renovation Background The City’s adopted FY25 CIP Budget allocates funding for City Park Improvements. One improvement project included in the budget is the rehabilitation of the restroom facilities. The attached proposal outlines the work required for the complete renovation of the restrooms in the rear of the park by the playground and pavilions. The City of Westminster’s procurement code allows contractors to be procured through competitively awarded contracts. Staff recommends that the City piggyback on Howard County Contract 4400004112, which was built on the Baltimore City Public Schools Contract IFB-200028, Multi-Trade Building Renovation and Repair Services Contract. Project Funding Funding for this project is allocated in the FY25 Capital Projects Fund and is reimbursable by a Program Open Space grant award requiring only a 5% match. Recommendation Staff recommends that the Mayor and Common Council authorize the contract with Keller Brothers Inc. for the renovation of City Park restrooms, with a maximum cost of $109,000. Attachments • Keller Brothers Proposal cc: Sara Imhulse, City Administrator FY25 CIP Budget – City Park Restroom Facility Renovation To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance Date: August 12, 2024 Re: Funding for City Park Restroom Facility Renovation Background As part of FY25 Capital Improvement Plan (CIP), the Mayor and Common Council authorized $119,900.00 for the renovation of the restroom facilities at City Park. The funding source for this project included a $109,000.00 Program Open Space grant with a 10% match of $10,900.00 using general fund reserves. Keller Brothers, Inc. has provided a proposal with a not to exceed price of $109,000.00 to renovate the City Park restroom facilities. Recommendation Staff recommends the Mayor and Common Council approve the not to exceed $109,000.00 proposal from Keller Brothers, Inc. to renovate the City Park restroom facilities as the project is fully appropriated in the FY25 budget. cc: Sara Imhulse, City Administrator ` February 14th, 2023 Abby Gruber Director of Recreation and Parks City of Westminster 11 Longwell Ave, Westminster, MD 21157 RE: Westminster City Park – Restroom Renovation Project Westminster City Park, Westminster Maryland Dear Ms. Gruber, Keller Brothers, Inc. is pleased to submit this proposal to complete the Complete Restroom Renovation in accordance with the email correspondence and site visit. The attached detailed proposal is based on the information as stated below: Budget Range– Westminster City Park Restroom Renovation Project The proposed budget for this project is Eighty Nine Thousand Dollars to One Hundred Nine Thousand Dollars ………………………………………………..…………………………….………….$89,000 - $109,000 Scope of Work (Converting Existing Restrooms into Single Use Family Restrooms) - Demolition o Remove Existing Plumbing Fixtures o Remove Existing Masonry Dividing Walls o Remove Existing Doors and Frames (Existing are severely damaged) o Remove Existing Drywall Ceilings o Remove Existing Light Fixtures o Remove Existing Toilet and Bath Accessories o Remove Existing Exhaust Fans - Concrete o Minimal Patching for New Plumbing/Electrical Runs - Masonry o Minor Patching for Exterior Hose Bib and At Demolished Wall Locations - Rough Carpentry o Blocking for New Wall Mounted Items o Doors, Frames, Hardware Installation - Doors, Frames, Hardware o Furnish New Doors/Frames and Hardware  Including Electronic Auto Locking Hardware - Finishes o New Drywall Ceiling o Epoxy Paint for Floors with Wainscotting on Wall 4’ High o Paint for Walls and Ceilings - Specialties o New Signage at All 3 Doors o Toilet and Bath Accessories Including:  Baby Changing Stations – 1 per Restroom  Grab Bars – 2 per Restroom  Soap Dispensers – 1 Per Restroom  Paper Towel Dispensers – 1 Per Restroom `  Trash Bins – 1 Per Restroom  Mirrors – 1 per Restroom  Toilet Paper Dispensers – 1 per Restroom o Toilet Partitions  Assumed One (1) Partition Enclosure per Room - HVAC o New Exhaust Fans (One per Restroom) - Plumbing o Furnish and Install New ADA Toilets (One per Restroom) o Furnish and Install New ADA Sinks (One per Restroom) o Furnish and Install New Exterior Mounted Hose Bib (One Total) - Electrical o Connections to New Door Locks o Furnish and Install New Light Fixtures (One per Room) Qualifications / General Notes: 1. Keller assumes unmetered access to Owner’s power and water supply for use during execution of the work 2. Quoted rates include standard working hours only (7:00am – 4:00pm, Monday – Friday). Off- hours, overtime, night, and weekend work is excluded. 3. This proposal is predicated on utilization of the project site during construction for all materials lay-down/storage, staging, and contractor parking. No accommodations for offsite staging, parking, or materials storage have been included at this time. 4. Keller Assumes the Existing Electrical Panel is in good working condition 5. Keller Assumes the Existing Water Service does not need to be upgraded 6. Keller has included epoxy paint for the floors and wall wainscotting; if Tile or Epoxy (Cast) is to be used this may carry an additional cost 7. Keller has based this proposal on recent market pricing and unit costs from recently bid projects 8. Keller has based this proposal on a two (2) month construction duration Exclusions: 1. Payment and Performance Bonds 2. Builders risk insurance 3. Materials Testing and Inspection Services 4. Prevailing Wage Requirements 5. Building Permit 6. Design / Permit Drawings – these can be provided for an additional cost 7. Low Voltage / Security Work 8. Wi-Fi Service for Electronic Door Locks if Needed Please do not hesitate to call if you have any questions or need any additional information. Thank you for the opportunity to submit the proposal, we look forward to working with you on this project. Sincerely, Casey Thompson Estimator ` Approval of bid to purchase Holiday tree lighting services To: Mayor and Common Council From: Steven Strawsburg, Superintendent of Streets Dept. Date: Aug 6, 2024 Re: Approval to Waive Competitive Bidding for Good Cause under Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations for the Installation of 2024 Holiday Lights with Choice Planting Inc., of Glen Burnie, MD in the Total Amount of $49,290.00 Background The City’s adopted FY25 capital budget allocates funding for contractual holiday tree lighting services. The proposed purchase includes tree lighting services on Main St, from John St to Center St. At the start of the fiscal year 2023 holiday season, we began lighting the trees on Main St, from John St to Longwell Ave to give our City, its residents, and visitors a memorable holiday experience. The feedback from the public and local businesses has been well received. Based on this feedback we extended the lighting footprint to Center St in Fiscal year 2024. In the past two years we have learned the important aspects of the lighting process. The most important part of this process is safety for the workers and the public. Trees shall be lit using man lifts with sidewalk and traffic control in place. In addition, electrical issues from improper connection sealing results in additional maintenance and appearance of the expected product. Although the City contracts the lighting services, we own the actual lights. The lights that we own can be installed by other contractors if agreed upon in the contract. While doing research for the FY25 tree lighting budget, we requested three proposals but only received two quotes for this project. Choice Plantings, Inc. of Glen Burnie MD was the most cost efficient and meets the safety and quality standards we desire. Choice Plantings is an MBE certified company with over 20 years experience and comes highly recommended by the City of Frederick, National Harbor, and Reston Town Center. The associated cost of this project is $49,290.00. It should be noted a contract must be in place by September 1, 2024, to assure lighting is completed by the holiday season. Project Funding The FY25 budget for this project is $56,565.00. Recommendation Staff recommends that the Mayor and Common Council approve the bid to purchase contractual tree lighting services with Choice Plantings Inc. of Glen Burnie MD in the total amount of $49,290.00. Attachment • Quotes, Specification Sheets for a 3-year tree lighting contract cc: Sara Imhulse, City Administrator Choice Plantings, Inc. Holiday Proposal 180 Penrod Court Ste N Phone # (410) 766-6006 / (866) 878-8444 Fax # (410) 766-7576 Date Proposal # Glen Burnie, MD 21061 www.choiceplantings.com 7/11/2024 23444 Bill To: City of Westminster Street Dept. 45 West Main Street Westminster, MD 21157 Attn: Zack Amoss Salesperson PL Account # Description Qty 2024 Tree Lighting to be installed from Bond Street to Center Street along Main Street Note: Choice Planting will install approximately 2196 existing client owned light strands with existing exterior extension cords on approximately 68 trees: 45' Articulating Lift Weekly Rental - 1 month install and 1 month removal 2 Labor for the installation of 2196 light strands on approximately 68 trees - (2 guys for approximately 20 360 days) Labor for the removal of 2196 Light Strands on approximately 68 trees - (2 guys - 20 days) 324 Fuel Surcharge 42 Choice Plantings will not be responsible for working condition of light strands since client owns all existing strands. 2025 Pricing will increase 3% 2025 Pricing will increase 3% A 50% Deposit is required to confirm an installation and removal date. All items listed are rented from Choice Plantings unless stated otherwise. If any items are damaged or missing, client will be billed Subtotal $49,290.00 for those items. Poinsettias will be guaranteed for 3 weeks after installation for existing maintenance customers. Holiday Décor Themes are subject to availability and may need to be changed by Choice Plantings with Sales Tax (0.0%) $0.00 approval from client. By signing this proposal, client acknowledges that they agree to the prices and terms stated above. Total $49,290.00 Accepted by: _____________________________ Title ____________________ Date: _____________ Change to Ram Jack Contract To: Mayor and Common Council From: Vance Summerhill, Superintendent of Water Reclamation Facility Date: August 7, 2024 Re: Approval – Change to Contract with Ram Jack Corporation for Remediation of the Chemical Building in the Amount of $73,812.66. Background Damaged by the contractor during the ENR upgrade project, the Chemical Building required remediation. GHD researched remediation methods and contacted two potential contractors. Of the two contractors, only one responded. The type of work is highly specialized. The work involved lifting the structure back into place and grouting beneath the structure to secure from further movement. In July 2024, the City signed a contract with Ram Jack to complete the required work. The approved amount was $109,945.00 not to exceed $120,000.00 When Ram Jack started drilling piles, they did not hit bedrock in enough places to achieve stabilization. The contract assumed drilling to a depth of 50 feet. In one instance they drilled to 170 feet with out reaching resistance. Additional drilling was required to complete stabilization of the building. As outlined in the original contract, this additional work was billed at predetermined cost. GHD, which provided inspection services for this project, has reviewed and approved the additional work. Funding Funding will be provided from sewer reserves. Recommendation Staff recommends that the Mayor and Common Council approve a change to contract with Ram Jack Corporation for remediation of the Chemical Building for $73,812.66. Attachment • Ram Jack change order cc: Sara Imhulse, City Administrator FY25 CIP Budget – CO#1 WWTP Chemical Building Remediation To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance Date: August 12, 2024 Re: Funding for Change Order (CO) #1 for Remediation of Wastewater Treatment Plant (WWTP) Chemical Building Background In FY24, the Mayor and Common Council authorized a budget amendment for $120,000.00 to remediate damage to the WWTP chemical building. There were no additional funds appropriated for this project in the fiscal year 2025 Capital Improvement Plan (CIP). Chesapeake Foundation Solutions, LLC (d/b/a Ram Jack) who was awarded the work, has provided CO #1 for $73,812.66 for additional work and materials to complete the remediation due to unforeseen conditions required to stabilize the building. Recommendation If the Mayor and Common Council approve Ram Jack’s CO #1, staff recommends including the additional appropriation of $73,812.66 in a future FY25 budget amendment using sewer fund reserves. cc: Sara Imhulse, City Administrator  Prepared for: City of Westminster Sara Imhulse 45 W Main St Westminster, MD 21157 (410) 848-9000 | simhulse@westminstermd.gov Evaluated on: Tuesday, April 9, 2024 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/ License #135583 Ref #3832 Page 1 of 11  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 #3832 Page 2 of 11 Pier Installation Product Quantity Custom Pile 18 Underpinning Pile Engineer Fee 1 Bond 1 Days for Install Notes 8 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. Driven piles will be install be installed to an allowable capacity of 50 kips with an approximate spacing of 5'6". One mobilization is included in this proposal. See clause below. Driven 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 and 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 Eighteen (18) 3.5" Driven Ram Jack Piles on three sides of the Westminster WWTP ENR and Biosolids Chemical Feed Building Addition. 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. Provide a 100% performance bond for the duration of the work and a maintenance bond for a period of one year. . Demolition Product Quantity Demolition 1 Notes Remove eighteen (18) sections of asphalt at the driven pile locations and haul away debris. Ref #3832 Page 3 of 11 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 #3832 Page 4 of 11  Costs Section: Westminster WWTP ENR and Biosolids Chemical Feed Building Helical Piles Description Quantity Custom Pile 18.00 Bond 1.00 Labor 8.00 Demolition 1.00 Engineer Fee 1.00 Polyurethane Foam Injection 9.00 Total Cost: $109,945.00 Total: $109,945.00 Payment Terms Deposit Due at bid acceptance $54,972.50 Final Payment Due at project completion $54,972.50 Ref #3832 Page 5 of 11 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 $425 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 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 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 Ref #3832 Page 6 of 11 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. 2. Installation Price: You agree to pay Ram Jack a total of the contract which is subject to any Change Order(s). Ram Jack Ref #3832 Page 7 of 11 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 or well, other connections, septic or other storage, sprinkler systems, or installed waterproofing. Ref #3832 Page 8 of 11 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 transaction. See the attached notice of cancellation for an explanation of this right. The Ram Jack Operations Manager must Ref #3832 Page 9 of 11 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 #3832 Page 10 of 11 Pump Replacement Pump Station 15 To: Mayor and Common Council From: Cory R Stouffer Sr. Date: July 22, 2024 Re: Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations to purchase Gorman Rupp Pumps from Envirep to replace pumps at Pump Station 15, 814 Pool Rd, Westminster, MD 21157 in the amount of $127,715.00 Background Pump Station 15 has been in service since the 1970s. When first built, shaft-driven Chicago pumps were installed. It has becoming increasingly difficult to get parts or repairs made to these pumps. These pumps have reached the end of their service and need to be replaced. All other non-submersible pump stations have Gorman Rupp centrifugal pumps. By making all of the pump stations uniform with Gorman Rupp pumps we have been able to keep our parts inventory and costs down. Most parts are able to be used interchangeably. The Gorman Rupp pumps are also compatible with our current automated level control system. City staff is familiar with Gorman Rupp pumps and have attended several training programs for our current Gorman Rupp pumps, this will allow quicker diagnosis and repairs when needed. Project Funding This project is fully funded in the FY25 Capital Budget. Recommendation Staff recommends that the Mayor and Common Council waive the competitive procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations, to approve the purchase through Envirep for new Gorman Rupp Pumps for Pump Station 15 in the total amount of $127,715.00. Attachments • Proposal cc: Sara Imhulse, City Administrator Vance Summerhill, Director of Public Works FY2025 CIP Budget – Pumps for Pump Station 15 To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance Date: August 12, 2024 Re: Funding for Purchase of Pumps for Pump Station 15 Background As part of the FY25 Capital Improvement Plan (CIP), the Mayor and Common Council authorized $750,000.00 in pump station 15 upgrades. The funding source for the upgrades is sewer fund reserves. Envirep has provided a proposal for $127,715.00 for pumps, pump accessories, valves and piping, along with other related equipment for pump station 15. This proposal is for equipment only; the construction/installation of the equipment will go out to bid. Recommendation Staff recommends the Mayor and Common Council approve the $127,715.00 purchase of pumps and related equipment for pump station 15 from Envirep as the purchase is fully appropriated in the FY25 CIP. cc: Sara Imhulse, City Administrator  QUOTATION July 22, 2024 Westminster City of RE: Westminster City of 45 West Main St PS #15 Upgrade Westminster, MD 21157 Westminster, MD Attn: Brandon Dillon In accordance with the Terms and Conditions listed herein, we are pleased to offer you the following Gorman-Rupp equipment: SUBMITTALS AND TESTING Shop drawings Electrical ladder logic drawings Catalog cut sheets V-belt drive selection calculations Sample service agreement Certified factory system performance test Manufacturer's standard operation and maintenance manuals Field performance test report Manufacturer's standard warranty PUMPS 2 - Gorman-Rupp Model V4C60SC-B horizontal centrifugal, self-priming sewage pumps with 6” suction connection and 4” discharge connection, each rated to discharge 650 gpm at 105 ft total dynamic head, Equiped with Eradicator solids management system. PUMP ACCESSORIES Spare Parts consisting of: Two (2) spare parts kits each including one (1) mechanical seal, one (1) set of rotating assembly adjustment shims, one (1) cover plate "O" ring, and one (1) rotating assembly "O" ring One (1) complete rotating assembly Two (2) suction flap valve assemblies Two (2) quarts seal lubricant Two (2) air pump repair kits for bubbler level control system Gauge kit with stainless steel fittings Pump drain kit with stainless steel fittings and 10 feet of hose VALVING AND PIPING 2 - Check valves, 8-inch 2 - 2-way discharge plug valves, 8-inch Piping from the 6-inch pump suction flange to the discharge flange of the 8”, 2-way plug valves Manual air release valve for each pump assembly Gauge connection assembly on discharge header (shipped loose to be installed by others) Westminster City of PS #15 Upgrade Westminster, MD July 22, 2024 FABRICATED STEEL BASE Two fabricated steel bases, one per pump/motor assembly (anchor bolts by others) Pump over motor base orientation MOTOR AND DRIVE ASSEMBLY 40 horsepower, 3 PH, 60 Hz, 460 V, TEFC, 1750 RPM motors V-belt drive transmission with banded belts Belt guards FINISH Manufacturer's standard painting system. Finish color shall be white. PUMP CONTROL SYSTEM (Control panel shipped loose for wall mounting) UL Label, "Enclosed Industrial Control Panel" Enclosure, NEMA 1, stainless steel, 60”H x 36”W x 12”D Panel suitable to operate on 3 PH, 60 Hz, 480V electrical power Main connections Motor branch circuit breakers, 10,000 AIC rating Motor starters, RVSS Soft Starters Indicating lights: Pump #1 Run Light (Green) Pump #2 Run Light (Green) Pump #1 Fail Light (Red) Pump #2 Fail Light (Red) Backup Level Control System Active Light – (Amber) High Water Alarm Active Light – (Red) Control circuit breaker Mode selector switches Sequence selector for selection of lead pump Alarm silence circuit Mechanical indicators for high wet well level alarm, alarm silenced and switch controls Physical elapsed time meters Lag pump start delay, integral to level controller Alarm contacts High water Pump Fail, #1 Pump Fail, #2 Phase failure Station low temperature Pump #1 Run (NO & NC) Pump #2 Run (NO & NC) Three phase voltage monitor Surge protection device Station low temperature sensor Auxiliary power transformer, 3 KVA Receptacle Page 2 of 6 Westminster City of PS #15 Upgrade Westminster, MD July 22, 2024 LEVEL CONTROL SYSTEM Integrinex level controller, air bubbler type Digital wet well level display Automatic alternation Two air pumps Selector switch for manual alternation of air pumps Air bell (shipped loose for mounting by contractor in wet well) Air flow indicator INDEPENDENT REDUNDANT FLOAT SWITCH CONTROL SYSTEM Two (2) float switches with 30' cords, wired with intrinsically safe relays in pump control panel. Uses a compact independent PLC to provide backup level control independent of the primary level controller. Includes mercury free float switches, NEMA 4X stainless steel junction box, float anchor and stainless steel chain TOTAL SELLING PRICE: $127,715.00 (Includes freight to first destination and 2 man-days for prestartup visit, startup, and O&M training) As a courtesy for the buyer, the following is a partial list of related items not furnished by Gorman-Rupp or Envirep, Inc., and are not included in this proposal: General: Structural, mechanical, or electrical installation services Applicable federal, state, or local taxes Enclosure of any kind Piping, Structural and Mechanical: Hardened or stainless steel pump wear components Wet well Station pad Floor drain Anchor bolts Wet well access hatch Link seals Wet well vent pipe Air release valve piping to wet well Air bubbler system piping to wet well Suction piping prior to pump suction flange Discharge piping after 2-way plug valves Pipe hangers and supports Supports and thrust blocks Electrical, Instrumentation, Heating and Ventilation: Field wiring Station heaters Flow meter Electrical service entrance, disconnect switches Interior and exterior lighting Main circuit breakers Main circuit breaker panel Page 3 of 6 Westminster City of PS #15 Upgrade Westminster, MD July 22, 2024 Wiring, conduit, lights, or switches for electrical devices in building Automatic transfer switch Generator This proposal includes only equipment specifically mentioned herein and does not include, or infer inclusion of, any additional equipment, piping, valves, wiring, services, etc., regardless of its relation to the quoted equipment. Estimated Shop Drawings: 10 to 12 weeks after receipt and acceptance of order by The Gorman-Rupp Company Estimated Shipment: 22 to 24 weeks after receipt of complete approved submittal data by The Gorman-Rupp Company Payment Terms: 50% of total selling price due with approved submittal data, final 50% of total selling price due within 30 days of date of shipment. Page 4 of 6 Westminster City of PS #15 Upgrade Westminster, MD July 22, 2024 TERMS AND CONDITIONS 1. Terms are F.O.B. factory, full freight allowed, payment terms as shown above. Startup shall not be performed until payment is received. Credit approval is required at the time of shipment. These terms are independent of and are not contingent upon the purchaser’s receipt of payment from others. 2. 1½% per month service charge will be assessed on unpaid balances after 30 days. Envirep’s obligation to provide startup, supervision, and operator training is contingent upon the timely payment of all sums required to be paid to the Seller under the payment terms of this quotation. Start-up will not be performed until full payment is received. 3. A 4% fee will be applied to all orders paid by credit card. 4. If indebtedness is placed in the hands of an attorney for collection, the purchaser shall bear all expenses and costs for collection, including reasonable attorney's fees. 5. Purchase prices are valid for 30 days from the date of this quotation unless otherwise stated. 6. State and local taxes will be charged unless a valid tax exemption certificate is received. 7. Order cancellation requires Envirep's written consent and indemnification against loss. Cancellation fees apply: not exceeding 50% of the Total Selling Price before fabrication release and up to 100% afterward. 8. All drawings, specifications, designs, plans, computer programs, submittals, documents, information, correspondence, or data prepared by Envirep in connection with this quotation and all related intellectual property rights shall remain the property of Envirep. Envirep grants Customer a non-exclusive, non- transferable license to use any such information for Customer's use, maintenance, or repair of the equipment. The Customer shall not provide such information to third parties without Envirep's written consent. 9. The title to the equipment and any additions and accessories shall remain in the Seller's name until the purchase price is paid in full. 10. Warranty is subject to the individual manufacturer's warranty. Envirep will not extend or modify these warranties without written consent from the manufacturer. 11. Warranty shall not apply to (a) damage due to any weather-related or other conditions beyond the control of Envirep; (b) defects or malfunctions resulting from the Goods not installed, operated, or maintained in accordance with manufacturer's instructions, applicable codes, ordinances, or accepted trade practices; (c) failures resulting from abuse, misuse, accident, or negligence; or (d) Goods repaired and/or modified without prior written authorization from Envirep. 12. TO OBTAIN WARRANTY SERVICE: Buyer shall assume all responsibility and expense for removal, reinstallation, and freight associated with any warranty service. Any Goods to be repaired or replaced under this warranty must be returned to Envirep or such place as designated by Envirep. Buyers can contact Envirep Service Department at 717-761-7884 for an RMA on any Goods being submitted for a warranty claim. 13. This equipment requires startup by a factory-trained service technician. Failure to provide startup and testing by a factory-trained startup technician or operating the equipment prior to startup may void the warranty. 14. Any claims for damaged, lost, or misplaced items must be made in writing within 15 days of delivery of equipment to the job site or designated location provided by the contractor/purchaser/owner. 15. All information in this quotation regarding the equipment and the price is submitted without cost to the Customer but with the understanding that such information is for the use of the Customer only and that the Customer will not disclose it to anyone outside its organization. 16. Delivery dates or expected shipment dates from the factory represent Seller's best judgment, but shipment on those dates is not guaranteed. 17. Seller shall not be liable for consequential damages. Consequential damages shall include, but not limited to, loss of use, income, or profit, or loss of or damage to property arising out of operation, use, installation, repair, or replacement of equipment. 18. Seller will not accept a contract containing a penalty or liquidated damages clause relating to failure or inability to ship within a specified time. 19. Terms inconsistent with those stated herein, which may appear on the purchaser's formal order, will not be binding to the Seller. 20. Terms shall be governed by and enforced following the laws of the State of Pennsylvania. 21. Order will be placed with Envirep, Inc., 3705 Trindle Road, Camp Hill, PA 17011-4334. Page 5 of 6 Westminster City of PS #15 Upgrade Westminster, MD July 22, 2024 Thank you for the opportunity to submit this quotation. To order this equipment, please complete the information requested below, sign this quotation where indicated, and return it to Envirep via email to sales@envirep.com or fax at 717-737-5817. Submitted by: Roger Stauffer (rstauffer@envirep.com) Prepared by: Dillon Bennett (dbennett@envirep.com) Envirep, Inc., (717) 761-7884 Accepted this ____ day of _________, 20__ Buyer: Telephone: By: Email: Authorized Signature By: Title: Print name of Authorized Signer Title of Authorized Signer Bill To Address: Ship To Address: Accepted this _____day of _______, 20__ Seller: Envirep, Inc. By: Authorized Signature Page 6 of 6 Badger Meters To: Mayor and Common Council From: Cory Stouffer Date: July 18, 2024 Re: Approval- Sole Source for Badger Meter USA Background The Utility Maintenance Department has had a partnership with Badger Meter since the start of meter installation in the City of Westminster. Badger meters and endpoints read the amount of water used by the customer and reports the usage to our software which allows the Billing Department to bill our customers for the water used. Badger Meter’s hardware and software are compatible with the system we are using. We are asking the Common Council to approve the sole source of Badger Meter USA, the Utility Maintenance Department has already upgraded the 5G cellular endpoints. This purchase would include 1,200 of each meter base, meter registers and cellular endpoint. The Sole Source of Badger Meter will continue assisting the Utility Maintenance Department with the accuracy and efficiency of water meter reading. Project Funding This purchase is fully funded in the FY25 Capital Budget of $450,000 Recommendation Staff recommends that the Mayor and Common Council authorize a sole source purchase for Badger Meter USA in the amount of $450,000. cc: Sara Imhulse, City Administrator FY2025 CIP Budget – Badger Meters To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance Date: August 12, 2024 Re: Funding for Purchase of Badger Meters Background As part of the FY25 Capital Improvement Plan (CIP), the Mayor and Common Council authorized $450,000.00 for the purchase of replacement water meters. The funding source for the meters is split evenly between sewer and water fund reserves. Recommendation Staff recommends the Mayor and Common Council approve the $450,000.00 purchase of meter bases, meter registers and cellular endpoint from Badger Meter USA as the purchase is fully appropriated in the FY25 CIP. cc: Sara Imhulse, City Administrator Approval of bid to purchase a Pickup Truck To: Mayor and Common Council From: Mike Rawlings, Superintendent of the Water Treatment Plant Date: August 2, 2024 Re: Approval of bid to purchase a Pickup Truck from Apple Ford in the amount of $79,535.00 Background The City’s adopted FY25 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 F350 for the water treatment plant. Further information is provided in the attached quote and specification sheets. The cost of the unit is $79,535.00, inclusive of all selected options. Project Funding The FY 2025 budget for this project is $80,000.00. Recommendation Staff recommends that the Mayor and Common Council approve the bid to purchase a Pickup Truck from Apple Ford in the amount of $79,535.00. Attachment • Quotes, Specification Sheet for a Ford F350 cc: Sara Imhulse, City Administrator FY2025 CIP Budget – Water Treatment Plant Pickup Truck To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance Date: August 12, 2024 Re: Funding for Water Treatment Plant Pickup Truck Background As part of FY25 Capital Improvement Plan (CIP), the Mayor and Common Council authorized $80,000.00 for the purchase of a Pickup Truck for the Water Treatment Plant. The funding source for the vehicle is water fund reserves. Apple Ford has provided a quote for $79,535.00 for the vehicle. Recommendation Staff recommends the Mayor and Common Council approve the $79,535.00 purchase of a Ford F-350 Pickup Truck from Apple Ford as the purchase is fully appropriated in the FY25 budget. cc: Sara Imhulse, City Administrator  Fleet/Government Sales 8800 Stanford Blvd. Columbia, MD 21045 City Of Westminster 7/30/24 Quote for 2024 Ford F-350 Regular Cab 4x4 9Ft Open Utility Body riding the Baltimore County Contract #0004504. Vehicle 2024 Ford F-350 Extended Cab 4x4 Chassis $58,505 EQ XL Trim 99n 7.3L V8 Gas Engine 44U 10 Speed Auto Trans XL6 3.73 E-lock Rear 90L Power Equipment Group 18B Platform Running Boards 473 Snow Plow Prep 52B Trailer Brake Controller 86M Dual Batteries 872 Rear View Camera Prep KUB Knapheide Utility Body 9FT Open $15,705 SL Spray In liner $950 STB Strobes 2 Front 2 Rear $1,325 BCCD Baltimore County Contract Discount -$1,350 GPC Government Price Concession -$600 Color Exterior: White Interior: Dark Slate Quantity: 1 Total Price $79,535.00 Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from you. You can reach me at 443-539-1281 or by e-mail at: nruby@AppleFord.com. Thank you, Noah Ruby Change Order #1 & #2 To: Mayor and Common Council From: Abby Gruber, Director of Recreation and Parks Date: August 1, 2024 Re: Wickersham Construction - Change Orders #1 & #2 Background Wickersham Construction is the general contractor for the Wakefield Valley Park Event Pavilion and Community Building Project. The scope of this design-build project included the following items as outlined in the schedule of values to follow. A $400,000 credit was issued to the total listed above because the City elected to create the pavilion space within the existing structure, thus lowering the total contract price to 2,771,528. As Wickersham Construction moved into the primary phase of the project, demolition, and discovery, a complete evaluation of the sprinkler system was conducted. As a result of this evaluation, it was discovered that the existing sprinkler system would need to be replaced. Based upon pre-bid questions and answers, Wickersham allocated $920 in their bid submission to evaluate the system, assuming that the existing sprinkler system could be repaired, and a portion could be converted to a dry system. The construction budget contains $72,500 to repair the sprinklers and convert the wet sprinkler system in the pavilion space to a dry system. Since its been determined repair is not an option and a complete replacement of the piping and sprinkler system is required, Wickersham obtained three quotes for the installation of the new system. The lowest sprinkler proposal received was $198,640, resulting in a change order request of $126,140. This is reflected in change order number one attached to this memo. Also, during the demolition and discovery phase, the doors and windows were evaluated for potential repair and reuse. Unfortunately, only the small windows in the second-floor bathroom area could be reused; all other doors and windows were vandalized or too deteriorated to repair or repurpose. Change order number two, in the amount of $63,675, reflects the total cost for the installation of new windows and doors. Change Order Expense Summary: Installation of new sprinkler system - $198,640 Installation of new windows & doors - $63,675 Total Credits - $72,500 (repair of sprinkler system) Total Change in Contract Price: $189,815 Project Impact The proposed change orders request will increase the total cost of the original contract by $189,815 but will not alter the completion time. As mentioned above, the items requested in the proposed change orders are critical to the clubhouse renovation and, furthermore, are required by fire and building codes. Funding FY25 CIP includes adequate funds to cover these Change Orders. Recommendation Staff recommends that the Mayor and Common Council approve Change Orders #1 and #2 with Wickersham Construction. Attachments: Wickersham Construction Change Orders #1 & #2 FY25 CIP Budget – CO#1 & #2 Wakefield Valley Clubhouse To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance Date: August 12, 2024 Re: Funding for Change Order (CO) #1 and #2 for Wakefield Valley Clubhouse Renovation Background As part of the fiscal year 2025 Capital Improvement Plan (CIP), the Mayor and Common Council authorized $2,026,030.33 for the renovation of the Wakefield Valley Clubhouse. This included the original Wickersham contract price of $2,771,528.00 less the projected cost of the work performed in FY24 ($965,704.67) + $30,207.00 for builder’s risk insurance + an additional $190,000.00 in anticipated contingency costs. Wickersham has provided CO #1 for $126,140.00 for a sprinkler system and CO #2 for $63,675.00 for window and door replacements. The total additional cost for CO #1 and CO #2 is $189,815.00. Recommendation Staff recommends the Mayor and Common Council approve Wickersham CO #1 and CO #2 for a total cost of $189,815.00 as both COs are fully appropriated with the contingency of $190,000.00 that was included in the FY25 budget. cc: Sara Imhulse, City Administrator -�Al.A Document G70f - 2011 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Wakefield Valley Park Event #1 Center and Community Building CONTRACTOR: (Name and address) 1000 Fenby Farm Road Wickersham Construction & Engineering, Inc. Westminster, MD 21157 ARCHITECT: (Name and address) 777 East Ross Street OWNER: (Name and address) Lancaster, PA 17602 N/A City of Westminster 45 West Main Street Westminster, MD 21157 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, ifapplicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Provide a new sprinkler system in lieu of repair and replacement of the damaged portions of the existing sprinkler system. Our proposal letter dated 4/2/24 and 5/5/24 for $126,140. The original Contract Sum was $ 2,771,528.00 The net change by previously authorized Change Orders $ 0 The Contract Sum prior to this Change Order was $ 2 77152800 The Contract Sum will be increased by this Change Order in the amount of 126,140.00 The new Contract Swn including this Change Order will be $ 2 897 668,00 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be Unchanged NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE Pcl\el trrcer, CONTRACTOR AND OWNER. N/A Wickersham Construction & Engineering, Inc. City of Westminster ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) SIGNATURE SIGNATURE SIGNATURE David A. Nace, President PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE AIA Document G701 -2017. Copyright© 1979, 1987, 2000, 2001 and 2017. All rights reseived. "The American Institute of Architects,' "American Institute of Architects,' "AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks ofThe American Institute of Architects. This document was produced at 14 :59:34 ET on 04/22/2024 under Order No.2114510017 which expires on 03/01/2025, is not for resale, is licensed for one-time use only, and may only be used in 1 accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA41) ◄� WICKERSHAM CONSTRUCTION April 2, 2024 Revised 5/5/24 Ms. Abby Gruber City of Westminster 45 West Main Street Westminster, MD 21157 Re: Wakefield Valley Park Event Pavilion & Community Building Sprinkler System Dear Abby, Based upon the pre-bid questions and answers, we anticipated repair and replacement of the damaged portions of the sprinkler system and conversion of the system within the pavilion to a dry system, not a complete replacement of the sprinkler system piping. This resulted in an additional sprinkler system cost of $126,140. We allowed $72,500 for repairs to the existing sprinkler system and conversion of the existing system in the pavilion to a dry system. The lowest sprinkler proposal out of three obtained was $198,640. We have explored other alternatives to providing a new sprinkler system; however, eliminating the sprinkler system would require all the existing structural membrane to be encased in drywall, which is not practical. We hope this proposal will enable you to obtain additional funding during the budget process. ely , [..... _ _ __ Dave Nace President DAN/trl Innovative thinking. Practical solutions. 777 East Ross Street I Lancaster, PA I 17602 I Phone: (717) 397-8282 I Fax: (717) 397-5826 wickershamconstruction.com