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BOARD OF COUNTY COMMISSIONERS
September 25, 2018
OPEN SESSION AGENDA
09:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES – August 28, 2018 and September 4, 2018
09:05 A.M. CLOSED SESSION
(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; or any other
personnel matter that affects one or more specific individuals; and to consider a matter that concerns the proposal for a
business or industrial organization to locate, expand, or remain in the State.)
10:00 A.M. RECONVENE IN OPEN SESSION
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:15 A.M. REPORTS FROM COUNTY STAFF
10:25 A.M. CITIZENS PARTICIPATION
10:35 A.M. FOURTH QUARTER ADJUSTMENTS TO THE WASHINGTON COUNTY BOARD
OF EDUCATION’S FY2018 GENERAL FUND BUDGET – David Brandenburg,
Executive Director of Finance, Washington County Public Schools, and Jeffrey Proulx,
Chief Operating Officer, Washington County Public Schools
10:45 A.M. CONVENE AS BOARD OF HEALTH – AWARD THE PURCHASE OF EQUIPMENT,
SOFTWARE, AND SERVICES – Earl Stoner, Deputy Health Officer, Washington
County Health Department, and Daniel Triplett, Administrator, Washington County
Health Department
RECONVENE AS BOARD OF COUNTY COMMISSIONERS
10:55 A.M. KEITH A. & M. ROSANNE HORST AND JOHN A. & LINDA F. HORST
CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP)
EASEMENT – Chris Boggs, Land Preservation Planner, Department of Planning and
Zoning
11:05 A.M. CONOCOCHEAGUE TREATMENT PLANT ENHANCED NUTRIENT REMOVAL
(ENR) UPGRADE – Mark D. Bradshaw, P.E., Deputy Director, Engineering Services
President
Jeffrey A. Cline, Vice
President
John F. Barr
Wayne K. Keefer
LeRoy E. Myers, Jr.
WWW.WASHCO-MD.NET
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make
arrangements.
11:15 A.M. EASTERN BOULEVARD WIDENING – Scott Hobbs, Director, Division of
Engineering
11:25 A.M. FISCAL YEAR 2018 PRELIMINARY YEAR – END SUMMARY – Sara Greaves,
Chief Financial Officer
11:35 A.M. REINSTATEMENT OF HEALTH ADVISORY COMMISSION – Michael Reyka,
Chair, Economic Development Commission, and Susan Small, Business Leader,
Department of Business Development
11:45 A.M. ECONOMIC DEVELOMENT COMMISSION STRUCTURE (EDC) – Michael, Reyka,
Chair, Economic Development Commission, and Susan Small, Business Leader,
Department of Business Development
12:00 P.M. ADJOURNMENT
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Fourth Quarter Adjustments to the Washington County Board of Education’s
FY2018 General Fund Budget
PRESENTATION DATE: September 25, 2018
PRESENTATION BY: David Brandenburg, Executive Director of Finance, Washington County Public Schools, and Jeffrey Proulx, Chief Operating Officer, Washington County Public School
RECOMMENDED MOTION: Move to approve the requested fourth quarter adjustments to the
Board of Education’s FY2018 General Fund Budget.
REPORT-IN-BRIEF: The Annotated Code of Maryland requires local school systems to
periodically re-forecast their financial needs and make necessary changes to their budgets. At
year-end, this process serves to align the budget with actual results, as the Maryland State
Department of Education regulations require that no category may be overspent or under-spent
after final adjustments.
DISCUSSION: The Washington County Board of Education approved the attached list of
changes to its FY2018 General Fund Budget at its September 4, 2018 meeting. The proposed
changes are necessary to properly categorize the Board’s FY2018 budget and finalize the
closeout of FY2018. These requested changes yield an increase to the fund balance of $281,648
in the fourth quarter and for the full-year.
FISCAL IMPACT: There is a full-year excess of $281,648, (approximately 0.1%) with a
corresponding increase in the Board of Education’s general fund balance as a result of FY2018
operations.
CONCURRENCES: The Board of Education’s Finance Committee reviewed the proposed
adjustments at its August 28, 2018 meeting and recommended them for approval by the full
Board. The Board of Education approved these changes at their September 4, 2018 meeting.
ALTERNATIVES: None
ATTACHMENTS:
1. Proposed fourth quarter budget adjustments for the Washington County Board of
Education’s FY2018 General Fund Operating Budget.
2. A quarter-by-quarter schedule of FY2018 adjustments by category.
AUDIO/VISUAL NEEDS: None
Washington County Public Schools
Fourth Quarter FY2018 Budget Adjustments
Category
Value
The primary reason for variance is:
Revenue
361,095
MABE insurance recovery related to data recover
Administration
38,390
Testing materials and exam fees lower than budgeted
Student Personnel Services
4,320
Turnover credit, substitutes, and materials
Student Health Services
139,271
Savings in substitutes and contracted nursing services
Student Transportation
Services
11,131
Turnover/vacancy credit
Maintenance of Plant
86,268
Savings in overtime and contracted services, partially offset by supplies
Capital Outlay
848
Savings in office supplies
Fixed Charges
1,226,561
Retirement plan contributions lower than anticipated, sick leave paid upon retirement lower
than budgeted, and health insurance savings due to staff vacancies and subscriber mix
Total Expense
Reductions/Additional Revenue
1867 884
Mid -level Administration
50,120
Communications costs higher and expenses related to data recovery
Instructional Salaries
171,035
Expenses related to data recovery
Instructional Textbooks and
Su lies
540,887
Increased expense due to acquisition of textbooks and digital learning resources
Other Instructional Costs
24,949
Higher eui ment purchases, partially offset by savings in contracted services
Special Education
98,605
Nonpublic placements higher than forecast, partially offset by savings in contracted services
Operation of Plant
627,100
Purchase of radios, materials, and expenses related to data recovery
Food Services
73,540
Adjustments to student accounts
Total Expense
Increases/Reduced Revenue
1586 236
Net Effect on Fund Balance
281,648
Washington County Public Schools
Summary of FY201 S Budget Adjustments by Quarter
Increase/ (Decrease)
Category
Quarter l
uarter 2 Q
Quarter 3
Quarter 4
Full Year.
Revenue
$122,000
$50,490
$361,095
$533,585
Administration
(42,000)
(294,465)
(202,100)
(382390)
($576,955)
Mid -Level Administration
(260,313)
(98,550)
50,120
($308,743)
Instructional Salaries
1,024,361
692,833
(205,641)
171,035
$1,6822588
Instructional Textbooks and Supplies
182,539
12192,907
540,887
$1,916,333
Other Instructional Costs
(200,000)
(310,968)
308,420
24,949
($177,599)
Special Education
215,156
1002000
98,605
$413,761
Student Personnel Services
(22)995)
(1%500)
(4,320)
($46,815)
Student Health Services
56,000
(392825)
(139,271)
($123,096)
Student Transportation Services
(64,000)
(11,131)
($752131)
Operation of Plant
(83,184)
2962730
(666,409)
627,100
$174,237
Maintenance of Plant
(86,268)
($862268)
Capital Outlay
(222535)
(848)
($23,383)
Food Service
42000
73,540
$77,540
Fixed Charges
(850,333)
(2982826)
(218,812)
(1,226,561)
(2,5942532)
Undesignated Fund Balance Change
$0
$0
$0
$281,648
$281,648
Note: An increase in the revenue budget has the same effect as a decrease in the expense budget. They are both positive.
Therefore, when adding the column, one must reverse the sign on the requested change in revenue.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
NOTE: The Board of County Commissioners will need to convene as the Board of Health
when considering this request
SUBJECT: Award the purchase of equipment, software and services
PRESENTATION DATE: September 25, 2018
PRESENTATION B Y : Earl Stoner, Deputy Health Officer, Washington County Health
Department, and Daniel Triplett, Administrator, Washington County Health Department
RECOMMENDED MOTION: To award the purchase of equipment, software, and services
under the State contract #060B2490022, to Data Networks in the amount of $98,830.00 for
equipment, software, and services to virtualize the Washington County Health Department server
environment and provide both backup and disaster recovery solutions to meet State of Maryland
IT security guidelines, grant conditions of approval, and HIPAA requirements.
REPORT-IN-BRIEF: This purchase is necessary to meet State of Maryland guidelines for
network security, backup, and data recovery as required in most Conditions of Grants for the
programs run by the Washington County Health Department. This purchase will enable the
Washington County Health Department to continue all its data operations with multiple points of
failure.
DISCUSSION: None
FISCAL IMPACT: This purchase will be completely funded within the operating budget of the
Washington County Health Department. No additional funds are being requested.
CONCURRENCES: Earl Stoner, Health Officer, Washington County Health Department, and
Daniel Triplett, Administrator, Washington County Health Department
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Keith A. & M. Rosanne Horst and John A. & Linda F. Horst Conservation Reserve
Enhancement Program (CREP) Easement
PRESENTATION DATE: September 25, 2018
PRESENTATION BY: Chris Boggs, Land Preservation Planner, Department of Planning &
Zoning
RECOMMENDED MOTION: Move to approve the Horst farm CREP Easement project, in
the amount of $68,966.88 on 20.49 easement acres, paid for 100% by the Maryland Department
of Natural Resources, and to adopt an ordinance approving the easement purchase and to
authorize the execution of the necessary documentation to finalize the easement purchase.
REPORT-IN-BRIEF: The Horst property is located at 13626 Big Pool Road, Clear Spring.
The CREP easement will serve to buffer 4,200 linear feet of the Little Conococheague Creek
which runs along the western boundary of the property and will be equivalent to 20.49 acres of
stream buffer which is entirely wooded. The entire project area will be protected by CREP
permanent easement language and the owner will be compensated with funding from the CREP
program. The farm is located roughly 1.9 miles southeast of the Town of Clear Spring and is
nearby one of our most heavily-preserved areas in the County. One (1) development right
associated with this property will be extinguished by the easement, with the intention of the
remainder of the property being preserved through a Maryland Agricultural Land Preservation
Program (MALPP) easement.
Since 2010, the Board of County Commissioners has approved the purchase CREP easements on
1,123 acres of land. The focus of the program is to protect water quality by removing marginal
agricultural land from production and replacing it with best management practices including
riparian buffers, stabilization of highly erodible soils, and restoration of wetlands. Landowners
who currently hold a 15-year CREP contract voluntarily agree to sell a permanent conservation
easement. The CREP easement program is administered by the Land Acquisition and Planning
Unit of the MD Department of Natural Resources and is funded from Program Open Space
funds. The completed recorded easements are held jointly by the County and DNR.
DISCUSSION: For FY2019, the State of Maryland is awarding CREP grants to eligible
properties on a project-by-project basis. The Horst CREP Easement uses this funding. Easement
applicants are chosen from those who are already enrolled in a 15-year CREP Contract.
FISCAL IMPACT: CREP funds are 100% State dollars, mainly from DNR Open Space funds.
In addition to the easement funds to the property owner, the County will receive up to 3% of the
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs, and
funds to cover all our legal/settlement costs.
CONCURRENCES: Department of Natural Resources (DNR) staff has approved and supports
our program. A final money allocation will be approved by the State Board of Public Works.
ALTERNATIVES: If Washington County rejects State funds for CREP, the funds will be
allocated to other counties in Maryland.
ATTACHMENTS: Aerial Map, Location Map, Ordinance
AUDIO/VISUAL NEEDS: N/A
Created By: Department of Planning and Zoning GISS:\Policy\CREP
WARNING!: This map was created for illustration purposes only. It should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers.
BIG POOL RD
GIFT
R
D
DAM
N
U
M
B
E
R
5
R
D
CHARLTONCT
CLEARSPRINGRD
LEISHEARCT
SH
A
N
K
R
D
MD iMAP, DoIT
Horst Keith A & Rosanne M.
13626 Big Pool Road
Clear Spring, MD 21722
Horst Property
CREP Contract Area - 14.95 ac
CREP Match Area - 5.54 ac
Streams
Lakes and Ponds
¹
Horst CREP - Aerial
Created By: Department of Planning and Zoning GISS:\Policy\CREP
WARNING!: This map was created for illustration purposes only. It should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers.
NATIONAL PIKE
SAINTPAULRD
GIFT
R
D
CLEARSPRINGRD
INTERSTATE70
ASHTONRD
BIG POOL RD
DAMNUMBER5RD
GRUBERRD
PHILADELPHIALN
Horst Keith A. & Rosanne M.
13626 Big Pool Rd.
Clear Spring, MD 21722
Horst Property
Preserved Lands
Agricultural Districts
Rural Villages
¹
Horst CREP - Location
ORDINANCE NO. ORD-2018-___
AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION
EASEMENT UNDER THE MARYLAND CONSERVATION RESERVE
ENHANCEMENT PROGRAM (CREP)
(Re: Horst CREP Easement)
RECITALS
1. The Maryland Conservation Reserve Enhancement Program ("CREP") is a
federal-State natural resources conservation program that addresses state and nationally
significant agricultural related environmental concerns related to agriculture.
2. CREP provides financial incentives to program participants to voluntarily
remove cropland and marginal pastureland from agricultural production in order to improve,
protect, and enhance water quality in the Chesapeake Bay watershed and replacing it with the
best management practices including establishment of riparian buffers, grass plantings, forbs,
shrubs and trees, stabilization of highly erodible soils, habitat restoration for plant and animal
species, and restoration of wetlands.
3. Protection is provided through the acquisition of easements and fee estates from
willing landowners currently holding a fifteen (15) year CREP contract and the supporting
activities of CREP Sponsors and local governments.
4. For FY2018, the State of Maryland (“State”) is awarding CREP grants to eligible
Counties (the "CREP Funds").
5. Keith A. Horst and M. Rosanne Horst and John A. Horst and Linda F. Horst,
(collectively, the “Property Owner”) are the owners of real property consisting of 20.49 acres,
more or less, (the "Property") in Washington County, Maryland. The Property is more
particularly described on Exhibit A attached hereto.
6. The County has agreed to pay the approximate sum of SIXTY-EIGHT THOUSAND
NINE HUNDRED SIXTY-SIX DOLLARS AND EIGHTY-EIGHT CENTS ($68 966.88), which is a portion of
the CREP Funds, to the Property Owner for a Deed of Conservation Easement on the Property
(the "Horst CREP Easement").
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland that the purchase of the Horst CREP Easement is approved and that the
President of the Board and the County Clerk be and are hereby authorized and directed to
execute and attest, respectively, all such documents for and on behalf of the County relating to
the purchase of the Horst CREP Easement.
ADOPTED this ____ day of September, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
__________________________ BY:
Krista L. Hart, Clerk Terry L. Baker, President
Approved as to legal sufficiency:
Mail to:
_____________________________ Office of the County Attorney
John M. Martirano 100 W. Washington Street, Suite 1101
County Attorney Hagerstown, MD 21740
\\washco-md.net\CountyAttorney\Documents\Planning\CREP Easements\Horst CREP Easement\ORD\Horst CREP Ordinance.docx
EXHIBIT A--DESCRIPTION OF EASEMENT AREA
All those tracts, lots, or parcels of land, and all the rights, ways, privileges and
appurtenances thereunto belonging or in anywise appertaining, situate in Election District No.
4, Washington County, Maryland, being part of the property identified by the State Department
of Assessments and Taxation as tax account no. 04-003284 and being identified as:
CREP CONTRACT EASEMENT AREA 2.74 AC.
CREP CONTRACT EASEMENT AREA 0.26 AC.
CREP CONTRACT EASEMENT AREA 0.35 AC.
CREP CONTRACT EASEMENT AREA 11.60 AC.
CREP MATCH EASEMENT AREA 3.91 AC.
CREP MATCH EASEMENT AREA 1.63 AC.
on a plat prepared by Frederick Seibert & Associates, Inc. entitled “SURVEY OF CREP EASEMENT
FOR KEITH & ROSANNE HORST,” dated August 30, 2018, and recorded on September 14, 2018 as
Misc. Plat Nos. 750 and 751 among the Plat Records of Washington County, Maryland.
Being part of the property which was conveyed from Joseph W. Gehr to John A. Horst
and Linda F. Horst, husband and wife, by Deed dated May 1, 2006 and recorded in Liber 2991,
folio 168 among the Land Records of Washington County, Maryland; AND BEING part of the
property which was conveyed from John A. Horst and Linda F. Horst, husband and wife, to
Keith A. Horst, M. Rosanne Horst, John A. Horst, and Linda F. Horst, as tenants in common, by
Deed dated March 4, 2013 and recorded in Liber 4494, folio 308 among the aforesaid Land
Records.
Open Session Item
SUBJECT: Conococheague Treatment Plant Enhanced Nutrient Removal (ENR) Upgrade
PRESENTATION DATE: September 25, 2018
PRESENTATION BY: Mark D Bradshaw, PE, Deputy Director, Engineering Services
RECOMMENDED MOTION: Move to approve Change Order #5 for HRI Bridge Company, Inc. in
the amount of $93,133.00.
REPORT-IN-BRI EF
1. Due to existing underground utilities, the piping couldn't be installed as shown on the plans and had
to be reconfigured. For more detailed information, please refer to HRI's Letter 078A dated August 10,
2018. Increase the contract amount by $4,444.00.
2. The BioMag system has an air dryer system that removes the water from the air prior to it being
discharged into the magnetite. The air dryer was going to discharge this water onto the floor creating
a safety hazard, so we had a drain pipe installed to direct the water to the floor drains. For more detailed
information, please refer to HRI's Letter 090A dated August 9, 2018. Increase the contract amount by
$499.00.
3. Six different concrete landing pads had to be installed for the precast tanks. For more detailed
information, please refer to HRI's Letter 079A dated August 9, 2018. Decrease the contract amount by
$20,645.00.
4. Remove unused contingent bid item from the contract. For more detailed information, please refer
to HRI's Letter 080 dated July 26, 2018. Decrease the contract amount by $13,750.00.
5. The post anoxic mixers had to be relocated in order to meet Ovivo's requirements. For more detailed
information, please refer to HRI's Letter 097A dated August 9, 2018. Increase the contract amount by
$18,831.00.
6. The blower pad for the post anoxic tank was lowered to provide better storm water drainage for the
area. Since the blower pads were lowered, the prefabricated stainless-steel piping had to be lengthened.
For more detailed information, please refer to HRI's Letter 094A dated August 9, 2018. Increase the
contract amount by $3,468.00.
7. The piping configuration inside the WAS valve vault didn't match the plans and had to be revised.
For more detailed information, please see HRI's Letter 080A dated August 10, 2018 for more
information. Increase the contract amount by $3,529.00.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
8. While excavating for other piping we exposed the solids building press drain. The existing press
drain pipe was leaking, so we had the Contractor repair it. For more detailed information, please refer
to HRI's Letter 081 dated June 8, 2018. Increase the contract amount by $2,366.00.
9. When the influent channels in the headworks building was taken off-line and drained, it was
discovered that they hadn't been installed by the previous contractor per plans. Since the previous
upgrade had not been installed per plan, additional concrete work was required. For more detailed
information, please refer to HRI's Letter 087A dated August 20, 2018. Increase the contract amount
by $26,544.00.
10. We include the Davis Bacon Wage rates in the specifications at time of advertising, but a new set
of wage rates was published while the project was being advertised. The law states that if a new set of
wage rates are published ten (10) days prior to bid opening, they must be included in the specification.
A new set of wage rates were published, but the County failed to issue to prospective bidders, so bids
were submitted based on the old wage rates. The increase between the wage rates was $1.25 per hour,
thus the Contractor is requesting the difference. For more detailed information, please see HRI's Letter
083 dated June 8, 2018 for more information. Increase the contract amount by $2,416.00.
11. The plans showed a utility water feed accessory connection to centrifuge no.1 but not for centrifuge
no.2. It was determined that the same utility feed accessory connection needed to be made to centrifuge
no2. For more detailed information, please refer to HRI's Letter 091A dated August 9, 2018. Increase
the contract amount by $3,487.00.
12. A stainless steel Onyx isolation ring was installed instead of directly tapping the discharge piping
as shown on the plans. The isolation ring will provide a for better installation connection and less
maintenance in the future. For more detailed information, please refer to HRI's Letter 092A dated
August 20, 2018. Increase the contract amount by $6,355.00.
13. There was no specific specification for the paddle switches, so the Contractor submitted a switch
for review. After reviewing the submitted switches it was determined that they weren't acceptable and
needed to be upgraded. For more detailed information, please refer to HRI's Letter 093A dated August
9, 2018. Increase the contract amount by $960.00.
14. As part of the upgrade, the Contractor has to make structural modification to aerobic digester no.
3. The specification estimated that the Contractor would need to remove a total of 100 cubic yards of
sludge from sludge holding tank No.2 and equalization tank. When sludge holding tank No.2 and
equalization tank were taken out of service, the Contractor removed 145 cubic yards of sludge from the
tanks, which exceeded the quantity provided in the specification. For more detailed information, please
refer to HRI's Letter 089A dated August 9, 2018. Increase the contract amount by $10,679.00.
15. The methanol pump supplier required additional piping to be installed that was shown on the plans.
For more detailed information, please refer to HRI's Letter 096A dated August 9, 2018. Increase the
contract amount by $2,444.00.
16. The plans had sludge feed pump #1 feeding centrifuge #2 and sludge feed pump #2 was feeding
centrifuge #1. To eliminate confusion as to which pump feeds which centrifuge, the programming was
modified so that feed pump #1 now feeds centrifuge #1 and feed pump #2 now feeds centrifuge #2.
For more detailed information, please refer to HRI's Letter 082A dated August 10, 2018. Increase the
contract amount by $1,777.00.
17. The plans called for the duct work to extend below the grating in the headworks. Since this is a
harsh environment, the decision was made to upgrade the duct work to stainless steel to protect it from
the harsh environment. For more detailed information, please refer to HRI's Letter 085A dated August
10, 2018. Increase the contract amount by $698.00.
18. In order to provide positive storm water drainage, additional soil was removed from the site. For
more detailed information, please refer to HRI's Letter 077A dated August 10, 2018. Increase the
contract amount by $4,909.00.
19. The specification required the Contractor to supply the polymer while performing the centrifuge
performance test. The Contractor requested to use the polymer we had on-site, and they would
reimburse the County for the polymer used. The performance testing used less than one (1) tote, but
the Contractor is reimbursing the County for the entire tote. For more detailed information, please refer
to HRI's Letter 086 dated July 25, 2018. Decrease the contract amount by $2,668.00.
20. During construction sediment and a sewage overflow were deposited downstream from the plant.
For more detailed information, please refer to HRI's Letter 099 dated August 20, 2018. Decrease the
contract amount by $4,500.00.
DISCUSSION: Due to actual construction conditions several changes are proposed to the
Conococheague WwTP ENR upgrade as outlined above. These modifications are required to maintain
the daily operations of the WwTP; facilitate construction and ensure proper operation of new process
in the future. Failure to proceed with the proposed changes would result in additional
operations/maintenance costs of the upgrade WwTP and prevent construction from occurring as
required to meet State regulations.
FISCAL IMPACT: There are adequate funds in TRP018 to cover this change order.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Change Order #6 with attachments, Hard copy of Change order #6 backup
documentation in the Board of County Commissioner's office for review
AUDIO/VISUAL NEEDS: N/A
Conococheague Treatment Plant ENR Upgrade
1. Reroute yard pipe #136 & #15.
2. Install a drain pipe for the BioMag System.
3. Install concrete landing pads and footer for the precast tanks.
4. Remove unused Contingent Bid Items from contract.
5. Relocate the post anoxic mixer.
6. Post anoxic tank blower pad and piping adjustment.
7. Adjust the WAS Diversion vault piping.
8. Repair the solids handling building press drain.
9. Headwork's building structural replacement.
10. Pay the difference between the Ironworks wage rate that was included in the specification and the actual wage rate.
11. Install accessory utility water to Centrifuge No.2.
12. Install centrifuge sludge feed pump discharge monitoring devices.
13. Upgrade the paddle flow switches.
14. Sludge removal from Aerobic digester No. 3, formally sludge holding tank No.2.
15. Methanol pump accessory adjustment.
16. Centrifuge sludge feed pump nomenclature adjustment.
17. Headworks HVAC duct material adjustment.
18. Additional soil removal for site grading.
19. Centrifuge performance testing polymer credit.
20. Sediment discharge and sewage overflow credit.
TO:
Consultant:
Contractor:
Vendor:
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY MARYLAND
100 WEST WASHINGTON STREET, HAGERSTOWN, MARYLAND 21740-4735 CHANGE ORDER
Change Order No.
Contract No.
Purchase Order No.
P/S Account No.
Project Title: Date: Sep 11, 2018
The contract time will: increase decrease remain the same by: 0 calendar days working days
Description of Change:
Reason for Change:
1. Due to existing underground utilities, the piping couldn't be installed as shown on the plans and had to be reconfigured. For more
detailed information, please refer to HRI's Letter 078A dated August 10, 2018. Increase the contract amount by $4,444.00.
2. The BioMag system has an air dryer system that removes the water from the air prior to it being discharged into the magnetite. The
air dryer were going to discharge this water onto the floor creating a safety hazard, so we had a drain pipe installed to direct the water to
the floor drains. For more detailed information, please refer to HRI's Letter 090A dated August 9, 2018. Increase the contract amount
by $499.00.
3. Six different concrete landing pads had to be installed for the precast tanks. For more detailed information, please refer to HRI's
Letter 079A dated August 9, 2018. Decrease the contract amount by $20,645.00.
4. Remove unused contingent bid item from the contract. For more detailed information, please refer to HRI's Letter 080 dated July 26,
2018. Decrease the contract amount by $13,750.00.
5. The post anoxic mixers had to be relocated in order to meet Ovivo's requirements. For more detailed information, please refer to
HRI's Letter 097A dated August 9, 2018. Increase the contract amount by $18,831.00.
6. The blower pad for the post anoxic tank was lowered to provide better stormwater drainage for the area. Since the blower pads were
lowered, the prefabricated stainless steel piping had to be lengthened. For more detailed information, please refer to HRI's Letter 094A
dated August 9, 2018. Increase the contract amount by $3,468.00.
7. The piping configuration inside the WAS valve vault didn't match the plans and had to be revised. For more detailed information,
please see HRI's Letter 080A dated August 10, 2018 for more information. Increase the contract amount by $3,529.00.
8. While excavating for other piping we exposed the solids building press drain. The existing press drain pipe was leaking, so we had
the Contractor repair it. For more detailed information, please refer to HRI's Letter 081 dated June 8, 2018. Increase the contract
HRI Bridge Company A/K/A HRI, Inc.
1750 West College Avenue
State College, PA 16801
6 (Final) Washco 23743 REQ # 12821
PUR - 1270 515000-32-42010-TRP018-CNST00000
amount by $2,366.00.
9. When the influent channels in the headworks building was taken off-line and drained, it was discovered that they hadn't been installed
by the previous contractor per plans. Since the previous upgrade had not been installed per plan, additional concrete work was required.
For more detailed information, please refer to HRI's Letter 087A dated August 20, 2018. Increase the contract amount by $26,544.00.
10. We include the Davis Bacon Wage rates in the specifications at time of advertising, but a new set of wage rates was published while
the project was being advertised. The law states that if a new set of wage rates are published ten (10) days prior to bid opening, they
must be included in the specification. A new set of wage rates were published, but the County failed to issue to prospective bidders so
bids were submitted based on the old wage rates. The increase between the wage rates was $1.25 per hour, thus the Contractor is
requesting the difference. For more detailed information, please see HRI's Letter 083 dated June 8, 2018 for more information. Increase
the contract amount by $2,416.00.
11. The plans showed a utility water feed accessory connection to centrifuge no.1 but not for centrifuge no.2. It was determined that the
same utility feed accessory connection needed to be made to centrifuge no2. For more detailed information, please refer to HRI's Letter
091A dated August 9, 2018. Increase the contract amount by $3,487.00.
12. A stainless steel Onyx isolation ring was installed instead of directly tapping the discharge piping as shown on the plans. The
isolation ring will provide a for better installation connection and less maintenance in the future. For more detailed information, please
refer to HRI's Letter 092A dated August 20, 2018. Increase the contract amount by $6,355.00.
13. There was no specific specification for the paddle switches, so the Contractor submitted a switch for review. After reviewing the
submitted switches it was determined that they weren't acceptable and needed to be upgraded. For more detailed information, please
refer to HRI's Letter 093A dated August 9, 2018. Increase the contract amount by $960.00.
14. As part of the upgrade, the Contractor has to make structural modification to aerobic digester no. 3. The specification estimated that
the Contractor would need to remove a total of 100 cubic yards of sludge from sludge holding tank No.2 and equalization tank. When
sludge holding tank No.2 and equalization tank were taken out of service, the Contractor removed 145 cubic yards of sludge from the
tanks, which exceeded the quantity provided in the specification. For more detailed information, please refer to HRI's Letter 089A dated
August 9, 2018. Increase the contract amount by $10,679.00.
15. The methanol pump supplier required additional piping to be installed that was shown on the plans. For more detailed information,
please refer to HRI's Letter 096A dated August 9, 2018. Increase the contract amount by $2,444.00.
16. The plans had sludge feed pump #1 feeding centrifuge #2 and sludge feed pump #2 was feeding centrifuge #1. To eliminate
confusion as to which pump feeds which centrifuge, the programming was modified so that feed pump #1 now feeds centrifuge #1 and
feed pump #2 now feeds centrifuge #2. For more detailed information, please refer to HRI's Letter 082A dated August 10, 2018.
Increase the contract amount by $1,777.00.
17. The plans called for the duct work to extend below the grating in the headworks. Since this is a harsh environment, the decision was
made to upgrade the duct work to stainless steel to protect it from the harsh environment. For more detailed information, please refer to
HRI's Letter 085A dated August 10, 2018. Increase the contract amount by $698.00.
18. In order to provide positive stormwater drainage, additional soil was removed from the site. For more detailed information, please
refer to HRI's Letter 077A dated August 10, 2018. Increase the contract amount by $4,909.00.
19. The specification required the Contractor to supply the polymer while performing the centrifuge performance test. The Contractor
requested to use the polymer we had on-site and they would reimburse the County for the polymer used. The performance testing used
less then one (1) tote, but the Contractor is reimbursing the County for the entire tote. For more detailed information, please refer to
HRI's Letter 086 dated July 25, 2018. Decrease the contract amount by $2,668.00.
20. During construction sediment and a sewage overflow were deposited downstream from the plant. For more detailed information,
please refer to HRI's Letter 099 dated August 20, 2018. Decrease the contract amount by $4,500.00.
The completion date, incorporating the changes included in this change order, is: Jul 1, 2018
The original contract sum was: $23,759,050.00
Net changes by previous change orders: $463,916.62
Contract sum prior to this change order: $24,222,966.62
By this Change Order, the contract sum will be changed by: $93,133.00
The new contract sum including this change order will be: $24,316,099.62
The Consultant/Contractor/Vendor shall not commence with the work described hereon until this form is executed by all agents.
Consultant: Finance:
Digitally signed by Taylor Neal Taylor Neal Location: Contractor/Vendor: Purchasing:
Digitally signed by Mark D Mark D Bradshaw Bradshaw
Date: 2018.09.13 09:49:49 -04'00' County Administrator:
Outside County Entities: Please email the signed form to ChangeOrder@washco-md.net.
Approving Agency:
Open Session Item
SUBJECT: Eastern Boulevard Widening
PRESENTATION DATE: September 25, 2018
PRESENTATION BY: Scott Hobbs, Director, Division of Engineering
RECOMMENDED MOTION: Move to accept a state funding contribution for Eastern
Boulevard improvements at Jefferson Boulevard (MD 64) for a not to exceed amount of
$1,800,000 for construction and $190,000 for design work as written in the agreement and to
approve a proposed a budget adjustment in the amount of $190,000 for the design contribution.
REPORT-IN-BRIEF: The County is receiving a funding contribution from the Maryland
Department of Transportation State Highway Administration (MDOT SHA) for work at Eastern
Boulevard and Jefferson Boulevard (MD 64). MDOT SHA has requested that their upcoming
intersection improvements at Jefferson Boulevard (MD 64) be part of the Eastern Boulevard
Phase I project to reduce the impact to the traveling public.
DISCUSSION: Phase I of this project involves the widening of Eastern Boulevard from
Jefferson Boulevard to Security Road. The County will be reimbursed by MDOT SHA for
design and construction costs relating to the improvements at Jefferson Boulevard (MD 64). The
work will include widening from two lanes to four lanes on Eastern Boulevard and providing
additional turn lanes on Jefferson Boulevard (MD 64) with traffic signal upgrades. Storm water
management will be provided by utilizing an existing regional pond and construction of
bioretention areas. Eastern Boulevard carries an estimated 20,000 vehicles per day and will
maintain the posted speed limit of 40 mph. Lane shifts will occur to facilitate construction and
the project will be subject to flagging operations during the work day with lanes open through
the work zone during non-work periods.
FISCAL IMPACT: This is a budgeted Capital Improvement Plan (CIP) project (RDI040). The
County will be reimbursed for an amount not to exceed $1,800,000 for construction and for an
amount not to exceed $190,000 for the design.
CONCURRENCES: Kim Edlund, Director, Office of Budget and Finance, and John Martirano,
County Attorney
ALTERNATIVES: N/A
ATTACHMENTS: Aerial Map, Agreement
AUDIO/VISUAL TO BE USED: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1
MEMORANDUM OF UNDERSTANDING
by and between the
MARLYLAND DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ADMINISTRATION
AND
THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY
THIS MEMORANDUM OF UNDERSTANDING (“MOU”), made and entered into
this _____ day of ______________ 2018, by and between the Maryland Department of
Transportation State Highway Administration, acting for and on behalf of the State of Maryland,
hereinafter referred to as “MDOT SHA”, and Board of County Commissioners of Washington
County, Maryland, a body corporate and politic and a political subdivision of the State of
Maryland, herein after referred to as "COUNTY”; and
WHEREAS, the COUNTY as early as 2019, will start the construction of a roadway
project called Eastern Boulevard Widening Phase I which includes intersection improvements at
MD 64 (Jefferson Boulevard) and will be built between Security Road, a COUNTY roadway,
and MD 64 (Jefferson Boulevard), a MDOT SHA maintained highway, (“PROJECT”); and
WHEREAS, the COUNTY has requested MDOT SHA to contribute funds towards the
design, construction, inspection, material clearance/testing, and installation and/or relocation of
various utilities in conjunction with the State Improvements only, especially as it relates to
construction activities along MD 64 (Jefferson Boulevard) in the vicinity of Eastern Boulevard
Phase I / MD 64 (Jefferson Boulevard intersection) as shown on Exhibit Number 1, which is
attached hereto and incorporated herein (“State Improvements”); and
WHEREAS, MDOT SHA is contributing an amount not to exceed One Million Eight
Hundred Thousand Dollars ($1,800,000) (“MOU”) for the purpose of providing funding to the
COUNTY for the items related to construction of the MDOT SHA Improvement portion of the
PROJECT, which is anticipated to be completed by 2021; and
WHEREAS, MDOT SHA has agreed contribute an amount not to exceed One Hundred
Ninety Thousand Dollars ($190,000) (“MOU”) to the COUNTY for the items related to the
Engineering Services Proposal for the State Improvement portion of the PROJECT, which is
anticipated to be completed in 2019; and
WHEREAS, MDOT SHA will reimburse the COUNTY for construction of the State
Improvements not to exceed the amount in the MOU for the type of design and construction
related items listed in Exhibit Number 2 (three (3) pages), which is attached hereto and
incorporated here; and
E a s t e r n B o u l e v a r d
0 250 500 750 1,000Feet
Leg end
- Eas ter n Bo ulevard Pro ject Location
µ
WASHINGTON COUNTY MA RYLAND
Jefferson Blvd (MD 64)Jefferson Blvd (MD 64)
SecurityRoad
AntietamDrive Needys Lane
OldForgeRoadEasternBoulevard
NorthernAvenue
LeitersburgPike
LeitersburgPike
EASTERNBOULEVARDEXTENDED
EASTERN
BOULEVARD
PHASE
I
- Eastern Blvd & Antietam Dr
- Eastern Boulevard Phase I
- Eastern Boulevard Phase II
- Eastern Boulevard Extended
EASTERN
BOULEVARD
PHASE
II
Antietam
Drive
2
WHEREAS, MDOT SHA issued an Access Permit (10APWA006XX) (“PERMIT”) to
the COUNTY for the COUNTY to have access to all MDOT SHA owned or controlled right-of-
way needed for construction of the PROJECT; and
WHEREAS, MDOT SHA and the COUNTY agree that the PROJECT will benefit the
parties of this Agreement, and will promote the safety, health and general welfare of the citizens
of the State and the COUNTY.
NOW, THEREFORE, be it understood that MDOT SHA and the COUNTY do hereby
agree as follows:
I. PROJECT DESCRIPTION
A. The PROJECT shall generally consist of the COUNTY roadway improvements to
COUNTY roadways (“County Improvements”) and State Improvements.
1. The County Improvements shall generally consist of all tasks necessary to
design, acquire rights-of-way, and construct a widening of a COUNTY
roadway called Eastern Boulevard from MD 65 (Jefferson Boulevard) and
to Security Road, including grinding, grading, paving, milling,
resurfacing, striping, signage, and installing drainage and landscaping.
2. The State Improvements consist of all elements necessary to design,
acquire rights-of-way, and construct the roadway modifications in order to
facilitate a new intersection in the form of Intersection Improvements as
shown on Exhibit Number 1.
3. The specifications for the State Improvements portion of the PROJECT
are the SHA’s Standard Specifications for Construction and Materials,
2017 edition and the plan and design details approved by SHA and the
COUNTY.
II. DESIGN PHASE
A. MDOT SHA Responsibility
1. MDOT SHA will review and approve the design plans for the State
Improvements portion of the PROJECT.
2. During the construction of the PROJECT, MDOT SHA will review any
revised construction plans for the State Improvements and pursuant to the
PERMIT.
B. COUNTY Responsibility
1. The COUNTY will perform all activities necessary to design the
PROJECT.
2. In the event the COUNTY desires to revise the design of the State
Improvements portion of the PROJECT subsequent to final plan approval,
but prior to initiation of construction activities, the COUNTY shall
3
provide SHA with written notification of said revision, and shall request
SHA comments or concurrence as stipulated in the PERMIT.
3. The COUNTY shall be fully responsible for the design of the PROJECT.
III. CONSTRUCTION PHASE
A. MDOT SHA Responsibility
1. In the event SHA desires to make revisions to the IMPROVEMENTS
subsequent to final plan approval and/or during construction, it shall
promptly submit a request in writing to the COUNTY, including the
requested revisions and their estimated costs and the COUNTY may
incorporate such revisions. In any event, the COUNTY shall have final
decision concerning all requests for revisions.
2. At its option, MDOT SHA may provide an inspector during construction
of the PROJECT in a manner consistent with the state issue PERMIT.
SHA’s Project Engineer shall consult with the COUNTY inspector prior to
decisions that affect the PROJECT, except in case of an emergency, or,
whenever such consultation does not create a delay claim situation. The
COUNTY’s Project Engineer shall have sole authority throughout
construction during emergency and non-emergency events.
3. MDOT SHA has provided the COUNTY with the PERMIT
(10APWA006XX), which, among other things, grants a right-of-entry to
COUNTY personnel or its agents or contractors for the sole purpose of
constructing the PROJECT described herein provided said party has met
all requirements for such activities as set forth herein (e.g. insurance,
PERMIT, and any other permit requirements, etc.)
B. COUNTY Responsibility
1. The COUNTY shall construct the PROJECT as shown on the final plans,
and provide Construction Engineering Services during construction (i.e.,
construction inspection and material testing/certification) all consistent
with SHA standards and requirements, and the PERMIT.
2. If, in the COUNTY’s sole judgment, revisions to the State Improvements
portion of the PROJECT must be made due to conditions encountered
during construction, the COUNTY shall seek MDOT SHA concurrence to
said revisions and any related Change Orders, unless the changes must be
made immediately in case of an emergency or, in order to minimize or
eliminate possible delay claims by the COUNTY’s construction
contractor. The COUNTY’s Project Engineer shall have sole authority
during construction to determine the existence of an emergency or a
potential delay claim.
a. The COUNTY shall notify MDOT SHA and if possible, seek
concurrence in advance of all anticipated Change Orders, including
4
justification for such change orders. A Change Order shall be
issued to document extra or unanticipated work.
b. In the event the COUNTY is unable to give MDOT SHA prior
notice of Change Orders due to revisions required by an
emergency or possible delay claim situations, the COUNTY shall
promptly notify MDOT SHA within 24 hours of the
commencement of work resulting from the Change Order.
3. The COUNTY shall coordinate with MDOT SHA for the utility
relocations necessary for the construction of the PROJECT in a manner
consistent with the PERMIT.
IV. CONSTRUCTION PHASE FUNDING
A. MDOT SHA Responsibility
1. MDOT SHA shall be responsible for all costs to design the State
Improvement portions of the PROJECT not to exceed Two Hundred
Thousand ($200,000) and for all costs to construct the State Improvement
portions of the PROJECT not to exceed One Million Eight Hundred
Thousand Dollars ($1,800,000) which will include construction related
items as shown in Exhibit Number 2.
2. Within thirty (30) days following the receipt of each periodic and
acceptable invoice from the COUNTY, SHA shall reimburse the
COUNTY for all documented costs incurred by the COUNTY to design
and construct the State Improvements portion of the PROJECT, including
the COUNTY’s costs for Construction Engineering Services.
B. COUNTY Responsibility
1. The COUNTY shall be responsible to (1) advertise the PROJECT for
construction bids, (2) award and administer the construction of the
PROJECT, and (3) provide Construction Engineering Services during
construction of the PROJECT.
2. The COUNTY shall be responsible for all costs incurred by the COUNTY
for the design and construction of the COUNTY Improvement portion of
the PROJECT, plus any portion of the State Improvements that exceeds
the SHA FUNDING.
3. The COUNTY shall provide an invoice to MDOT SHA, on a periodic
basis, for all costs incurred by the COUNTY to construct the State
Improvements portion of the PROJECT up to the SHA FUNDING
amount, for items described in Exhibit Number 1 including the
COUNTY’s direct salaries and payroll burden for Construction
Engineering Services and other direct costs such as materials.
5
4. The COUNTY shall notify MDOT SHA and seek concurrence in advance
of all anticipated change orders for construction of the State Improvement
portion of the PROJECT, including justification for such change orders.
V. GENERAL
A. The total amount that may be reimbursed to the COUNTY by MDOT SHA for the
State Improvements portion of the PROJECT is limited to the amount of SHA
FUNDING, such amount to include (a) Design costs, (b) Construction costs, and
(c) the COUNTY’s Construction Engineering Services.
B. All COUNTY invoices shall be accompanied by sufficient documentation by the
COUNTY as determined by SHA to evidence actual costs incurred. All
construction costs for the State Improvements that are documented in accordance
with this MOU and the PERMIT may be reimbursed up to the amount of the
MDOT SHA FUNDING.
C. If MDOT SHA requires additional documentation, MDOT SHA may have
MDOT SHA authorized personnel visit the COUNTY to verify all documentation
and conduct independent audits.
D. Whenever the approval of the COUNTY is required, such approval shall not be
unreasonably withheld or delayed. The parties hereto agree to cooperate with
each other to accomplish the terms and conditions of this Agreement.
E. This Agreement shall inure to and be binding upon the parties hereto, their agents,
successors, and assigns.
F. This Agreement and the rights and liabilities of the parties hereto shall be
determined in accordance with Maryland law and in the Maryland courts.
G. Following completion of construction of the PROJECT, MDOT SHA shall own
and maintain the portion of PROJECT that is within SHA right of way.
H. The recitals (WHEREAS clauses) are incorporated herein as part of this
Agreement.
I. All parties to this Agreement shall comply with the requirements of APPENDIX
A (2 pages) and APPENDIX E (1 page) of SHA’s Standard Title VI/Non-
Discrimination Assurances DOT Order No. 1050.2A which generally set forth
non-discriminatory regulations and other civil rights related regulations.
APPENDIX A and APPENDIX E are attached hereto and incorporated herein as
substantive parts of this document. The term "Acts" in Appendix A refers to
Title VI of the Civil Rights Act of 1964. The term "Regulations" in Appendix A
refers to 49 C.F.R Part 21 and 28 C.F.R. Section 50.3. The term "Recipient" in
Appendix A refers to SHA.
J. All notices and/or invoices, if to the COUNTY, shall be addressed to:
Mr. Scott Hobbs (or designated alternate)
Director
Washington County
6
Division of Engineering
80 West Baltimore Street
Hagerstown, MD 21740
Phone: 240-313-2407
Email: shobbs@washco-md.net
If to SHA:
Mr. Anthony Crawford
District Engineer, D-6
State Highway Administration
1250 Vocke Road
La Vale, MD 21502
Phone: 301 729-8486
Fax: 301-729-6968
E-mail: acrawford@sha.state.md.us
With a copy to:
SHA Agreements Team
Office of Procurement and Contract Management
State Highway Administration
Mail Stop C-4052
707 N. Calvert Street
Baltimore MD 21202
Phone: 410-545-5636
Fax: 410-209-5025
E-mail: SHAAgreementsTeam@sha.state.md.us
(Signature Pages Follow)
7
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by their
respective duly authorized officers on the day and year first above written.
MARYLAND DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ADMINISTRATION
_______________________________ By:___________________________________(SEAL)
WITNESS Tim Smith, P.E.
Deputy Administrator/Chief Engineer
for Operations
APPOVED AS TO FORM AND RECOMMENDED FOR APPROVAL:
LEGAL SUFFICIENCY:
_______________________________ _____________________________________
Assistant Attorney General Jason A. Ridgway, P.E.
Deputy Administrator
for Planning, Preliminary Engineering,
Real Estate and the Environment
_____________________________________
Lisa B. Conners
Deputy Administrator for Administration
_____________________________________
William J. Bertrand
Director
Office of Finance
8
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND
BY: ________ ___ (SEAL)
Krista L. Hart, Clerk Terry L. Baker, President
________________________
Date
RECOMMENDED FOR APPROVAL:
_________________________
Scott Hobbs, P.E.
Director of Engineering
APPROVED AS TO FORM AND CONTENT
FOR EXECUTION BY THE COUNTY:
_________________________
John M. Martirano
County Attorney
9
Exhibit Number 1
MARYLAND STATE HIGHWAY ADMINISTRATION
10
APPENDIX A OF THE TITLE VI ASSURANCES
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the Contractor) agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will
comply with the Acts and the Regulations relative to Non-discrimination in Federally-
assisted programs of the U.S. Department of Transportation, the Federal Highway
Administration, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Non-discrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment. The Contractor will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations, including employment
practices when the contract covers any activity, project, or program set forth in Appendix
B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the Contractor
of the Contractor's obligations under this contract and the Acts and the Regulations
relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Recipient or the Federal Highway Administration
to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.
Where any information required of a Contractor is in the exclusive possession of another
who fails or refuses to furnish the information, the Contractor will so certify to the
Recipient or the Federal Highway Administration as appropriate, and will set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the
Nondiscrimination provisions of this contract, the Recipient will impose such contract
sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
a. withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
11
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement as
the Recipient or the Federal Highway Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if the Contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the Contractor may request the Recipient to enter into any
litigation to protect the interests of the Recipient. In addition, the Contractor may request
the United States to enter into the litigation to protect the interests of the United States.
12
MARYLAND STATE HIGHWAY ADMINISTRATION
APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the Contractor) agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-
12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access
to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Open Session Item
SUBJECT: Fiscal Year 2018 Preliminary Year – End Summary
PRESENTATION DATE: September 25, 2018
PRESENTATION BY: Sara Greaves, Chief Financial Officer
RECOMMENDATION: For informational purposes.
REPORT-IN-BRIEF: The Office of Budget and Finance would like to brief the commissioners
on Fiscal Year 2018 findings to date.
DISCUSSION: At this time, a comprehensive review of all funds is not available. However,
some information is available to share. Topics of discussion include:
Highway Fund
Black Rock Golf Course Fund
General Fund Revenues
General Fund Expenditures
Health Insurance Costs
Staff will continue to work with the auditors throughout the following weeks. Once financial
statements have been audited, the auditors will provide an external presentation of their findings.
Staff will also commit to prepare a more comprehensive year-end summary for informational
purposes.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Reinstatement of Health Advisory Commission
PRESENTATION DATE: Tuesday, September 25, 2018
PRESENTATION BY: Michael Reyka, Chair, Economic Development Commission, and
Susan Small, Business Leader, Department of Business Development
RECOMMENDED MOTION: Move to reinstate the Washington County Health Advisory
Commission immediately, with the current structure and bylaws, and to allow the Economic
Development Commission to assume the responsibility to appropriately modify and revise the
structure, mission, and bylaws in October of 2018 in accordance with the County Attorney’s
office.
REPORT-IN-BRIEF: On September 13, 2018 the Economic Development Commission (EDC)
formally voted to support reinstatement of the Health Advisory Commission for the purpose of
informing, educating, and advising the Board of County Commissioners (BOCC) in their
decision-making process specific to population health issues.
DISCUSSION: The EDC will create a small work group to discuss and assess the structure and
membership, as well as the purpose of a Health Advisory Commission. In addition to existing
leaders in the health and wellness industry, additional stake-holders in the workgroup could
include; contractors, code officials, zoning administrators, and other county/city staff at various
levels who work with customers and the Washington County Health Department on a regular
basis, as well as, those who can act as representative to the private industry stake-holders, who
are subject to the Washington County Health Department rules and services.
FISCAL IMPACT: N/A
CONCURRENCES: Rob Slocum, County Administrator, and Michael Reyka, Chair of the
Economic Development Commission (EDC)
ALTERNATIVES: Do not reinstate the Health Advisory Commission at this time.
ATTACHMENTS: EDC Power Point presentation
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Health Advisory Board
Topic: Health Advisory Board
•Given the increasing concerns involving workforce and community health (ex: opioids, behavioral health, chronic diseases such as obesity and diabetes…), the EDC in the spring of 2018 discussed the potential benefits offered by an advisory group of community health experts.
•The purpose would be to inform, educate, and advise the commissioners in their decision-making process specific to population health issues.
•The commissioners responded favorably and requested that the EDC lead this effort.
•Initial research suggested the absence of such an advisory board in most Maryland Counties.
Health Advisory Board
Research Findings:
•Maryland Association of Counties –significant variation across Maryland counties specific to boards of health and health advisory committees.
•Maryland Association of County Health Officers (Baltimore office) –all Maryland counties have a similar process to the current structure in Washington County with the exception of two municipalities.
–Baltimore City
–Howard County
•Eleven members appointed to 5-year terms
•All members must be a professional in the area of environmental health
•Three members should be health professionals (clinicians)
•One health professional may be a veterinarian
•Current board includes MDs, PhD, RNs, DVMs, MPHs, etc.
Health Advisory Board
Washington County History:
•Advisory Commission to the Washington County Board of Health existed in 2006, 2007, and 2008 (minutes reflect the meetings)
–the group has not met since January 2008.
•The previous structure included bylaws, officers, 15 voting members appointed by the county commissioners, term limits, etc.
•No clear mission/vision in the bylaws (purpose of the commission).
•No dates in the bylaws documents (only signatures).
Health Advisory Board
Suggestion:
•Reinstate the Washington County Advisory Commission now
(consistent with the current structure/bylaws).
•Create a small workgroup to discuss and assess the structure
and the membership as well as the purpose and a health
advisory commission/board. The work group should be small
with a short timeline (ex: three meetings over several weeks).
•Appropriately modify and revise the structure, mission, and
bylaws in October of 2018.
Health Advisory Board
Suggested work group membership
Allen Twigg
Executive Director of Behavioral and Community Health, Meritus Medical Center
Facilitator of the Community Needs Assessment research
Kathy Saxman
Director of Community Impact & Investments, United Way of Washington County
United Way facilitated the Strategic Community Impact 2012-2016 research
Douglas Spotts, MD
Chief Population Health Officer, Meritus Medical Center
Family physician & healthcare leader now facilitating the transition to population health within our community
Keith Fanjoy
CEO, The Bester Group
Facilitator of Bester Community of Hope
Adam Roberson, PhD
Executive Director, Community Free Clinic
Earl Stoner
Health Officer, Washington County Health Department
Health Advisory Board
Suggested workgroup membership (continued)
Additional stake holders include contractors, code official, zoning administrators and other
county/city staff at various levels that work with customers and County Health Department
staff on a daily basis.
Therefore, the work group should also include …
•A person who can act as representative to the private industry stake holders that are
subject to the Health Department rules and service)
–Builder/developer workgroup member: Rob Feree, Development (Bowman)
–Christopher Smith Home Builder (Manor House Builders)
•A person who can act as representative to the county/city staff that have expert and
objective knowledge of rules and services.
–County workgroup member: Steve Goodrich, Dir. Of Planning & Zoning
–County workgroup member: Dan Divito, Dir. Of Environmental Management
–City workgroup member: TBD
Health Advisory Board
•The workgroup will meet three times in late September and
early October (facilitated by the EDC chair).
•The workgroup will submit the following for EDC
consideration/acceptance/approval:
–Proposed Structure (formal, informal, commission, advisory board,
officers, chair/facilitator, etc.)
–Proposed membership structure (professional representation)
–Proposed purpose/mission of the commission/advisory board
–Proposed meeting frequency (monthly, quarterly, as needed…)
•Chair
•Vice Chair
•Secretary
•Immediate
Past Chair
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Open Session Item
SUBJECT: Economic Development Commission Structure (EDC)
PRESENTATION DATE: Tuesday, September 25, 2018
PRESENTATION BY: Michael Reyka, Chair, Economic Development Commission, and
Susan Small, Business Leader, Department of Business Development
RECOMMENDED MOTION: Move to repeal the Economic Development Ordinance for
Washington County, MD and disband its current organization (EDC) currently under the Board
of County Commissioners (BOCC) purview, and transform to a stand-alone Economic
Development Coalition, using private-public partnerships.
REPORT-IN-BRIEF: On September 13, 2018 the existing Economic Development
Commission (EDC) formally voted to modify the structure and name of the EDC. Retitled as the
Economic Development Coalition, the organization will utilize representatives from primary
stakeholders as the new Executive Board, which would include; The Washington County
Chamber of Commerce, The City of Hagerstown, The Convention and Visitors Bureau,
Maryland Department of Commerce, Greater Hagerstown Committee, and Washington County.
DISCUSSION: The purpose of the change is to allow the EDC to provide support, inspire and
influence economic growth within the Community, and to create transparent and open
communication between organizations directly associated with Economic Development in
Washington County. Next steps are to establish a new Mission and Vision for the EDC, finalize
the structure and industry sectors represented on the full Coalition. Existing EDC members will
remain in their position during the transition of the new Coalition.
FISCAL IMPACT: N/A
CONCURRENCES: Rob Slocum, County Administrator and Michael Reyka, Chair of the
Economic Development Commission (EDC)
ALTERNATIVES: Do not change the EDC structure at this time.
ATTACHMENTS: Proposed Economic Development Coalition Structure
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
•Chair
•Vice Chair
•Secretary
•Immediate
Past Chair
City of
Hagerstown
Washington
County
Maryland
Chamber of
Commerce
Visit
Hagerstown
GHC Chief
Law
Enforcement
& EMS
Technology
Manufacturing/
Industry
Education
Healthcare
Banking/
Financial
Agriculture
Real Estate
Retail
Tourism/
Lodging
Development/
Construction
Media
Towns
Maryland
Dept. of
Commerce
Transportation