CCW Packet MM - REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, May 11, 2021 at 6:00 PM Virtual via WebEx AGENDA This agenda has been revised by adding Legislative, Finance, and Administration Committee Item #3 - Discussion - Required Use of City Email by the Council President (Actionable Item) and Parks, Recreation, and Community Enhancement Committee Item #5 - Presentation - Future Downtown Projects (Downtown Dover Partnership) (Informational Item). Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held electronically. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/nyx6ws Event number: 173 320 9876 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL THE COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER UTILITY COMMITTEE ADOPTION OF THE AGENDA ACTIONABLE ITEMS 1. Evaluation of Bids - Environmental Services Contract (Staff recommendation: Award a three year contract with the option to extend in one year increments twice) ADJOURNMENT OF THE UTILITY COMMITTEE 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - May 11, 2021 PAGE 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA ACTIONABLE ITEMS 2. Evaluation of Bids – Automated Trash Truck (Staff Recommendation: Award the contract to The Pete Store, for the City of Dover 22 Cubic Yard Automated Side Loading Refuse Collection Body and Chassis, Bid #21- 0033PW, for the amount of $289,500.00) 3. Discussion - Required Use of City Email by the Council President ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ADOPTION OF THE AGENDA (ACTIONABLE AND INFORMATIONAL ITEMS) ACTIONABLE ITEMS 4. Review of Active Recreation Area Plan – Bay Pointe Apartments (One Building Concept) - 1080 and 1106 Bay Road and Adjacent Unaddressed Parcel on Bay Road (Planning Reference C-21-04) (Staff recommendation: Approval of the Active Recreation for Conditional Use Site Plan Application C-21-04 subject to review comments) INFORMATIONAL ITEMS 5. Presentation - Future Downtown Projects (Downtown Dover Partnership) ADJOURNMENT OF THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE MEETING THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

Item 1. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole – Utility Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: April 27, 2021 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Evaluation of Bids - Environmental Services Contract REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Matthew Harline, Assistant City Manager / Lori Peddicord, Controller EXHIBITS: Exhibit A – Draft Contract for Environmental Services EXPENDITURE REQUIRED: As Required AMOUNT BUDGETED: Average three (3) year annual cost of approximately $212,000. FUNDING SOURCE (Dept./Page in CIP & Budget): Expenditures will be across multiple departments under Environmental Expenses for Electric T&D, Electric Engineering Water/Wastewater & Public Works. Funding could also be provided under appropriate CIPs that may require these services. TIMETABLE: Award upon Council Approval. RECOMMENDED ACTION: Award three year contract with option to extend in one year increments twice. BACKGROUND AND ANALYSIS The Electric Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Public Works & Electric Departments, and in this case any City Department requiring these particular services. These contracts are priced as a “time and material” contract. This bid is for Environmental Services work both in normal, emergency situations and as required by work load and need. This also includes cleanup activities, soil sampling, asbestos sampling, assistance in environmental compliance with numerous agencies and assistance in disposal, collection and shipment of hazardous wastes. Bids were solicited and advertised according to City Policy by the City’s Contract and Procurement Manager under Bid #21-0030EL and the City received bids from three companies. All the bids were complete, and the potential vendors were deemed to be capable and competent. Staff used work experience, emergency response time, total cost, geographical location, staff experience and training records as criteria for evaluating the proposals. Compliance Environmental was deemed more experienced in the field and was determined to be more experienced in environmental activities related to the electrical and public works arenas and had more certifications. All companies expressed ability to meet the 2 hour response time request. Compliance is a local company with an office in Dover, DE. Duffield also has an office in Dover and is headquartered in Wilmington. Batta is based in Newark, DE. Compliance provided the lowest overall cost of services. Because of these items, the staff is recommending that the contract be awarded to the most suitable bidder as evaluated, Compliance Environmental, Incorporated. Annual expenditures are estimated at $123,000 for Electric and $89,000 for Public Works and Water/Wastewater. Evaluator 1 Evaluator 2 Evaluator 3 Average Compliance 95 92 90 92 Batta 85 65 92 81 Duffield 75 65 87 76 3

Item 1. Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of the 11 day of May in the year 2021, between The City of Dover, a Delaware Municipal Corporation, whose address is 15 Loockerman Plaza, Dover, Delaware 19901 (hereinafter referred to as the CITY), and Compliance Environmental, Inc, whose address is, 150 S. Bradford St, Dover, DE 19904 (hereinafter referred to as the CONTRACTOR). NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement, and for other good and valuable considerations, the parties agree as follows: 1. SERVICES The CONTRACTOR shall perform the following services: SEE REQUEST FOR PROPOSAL FOR ENVIRONMENTAL SERVICES, RFP NO.: 21-0030EL AND THE SUBMITTED PROPOSAL FORM. Nothing herein shall limit the CITY's right to obtain proposals or services from other professionals for similar projects at any time the CITY so chooses. 2. INDEMNIFICATION The CONTRACTOR, and any agent or subcontractor, shall defend, indemnify and hold harmless the CITY and its officials, officers, board members, council members, commissioners, representatives, employees, agents, and contractors, against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, payments (including payments made under any Workers' Compensation Laws or under any plan for employees' disability and death benefits), and expenses (including reasonable attorney fees of the CITY and all other costs and expenses of litigation). Claims arising in any way, including any act, omission, failure, negligence or willful misconduct, in connection with the work, construction, maintenance, repair, presence, use, or operation by the CONTRACTOR, or the CONTRACTOR’s officers, directors, employees, agents, and sub-contractors, shall be responsible for Claims. Such Claims include, but are not limited to, the following: a. Intellectual property infringement, libel and slander, trespass, unauthorized use of television or radio broadcast programs and other program material, and infringement of patents; b. Cost of work performed by the CITY that was necessitated by the CONTRACTOR’s failure, or the failure of the CONTRACTOR’s officers, directors, employees, agents, or sub- contractors, to perform work, or maintain CITY facilities in accordance with the requirements and specifications of this Agreement, or from any other work authorized under this Agreement; c. Damage to property, injury to or death of any person arising out of the performance or nonperformance of any work or obligation undertaken by the CONTRACTOR, or CONTRACTOR’s officers, directors, employees, agents, and sub-contractors, pursuant to this Agreement; A-1 4

Item 1. Exhibit A 3. PROCEDURE FOR INDEMNIFICATION a. The CITY shall give notice promptly to the CONTRACTOR of any claim or threatened claim, specifying the factual basis for such claim and the amount of the claim. If the claim relates to an action, suit or proceeding filed by a third party against the CITY, the notice shall be given to the CONTRACTOR by the CITY no later than ten (10) calendar days after written notice of the action, suit or proceeding was received by the CITY. b. Failure to timely give the required notice will not relieve the CONTRACTOR from its obligation to indemnify the CITY unless the CITY is materially prejudiced by such failure. c. The CITY will have the right at any time, by notice to the CONTRACTOR, to participate in or assume control of the defense of the claim with counsel of its choice, which counsel must be reasonably acceptable to the CONTRACTOR. The CONTRACTOR agrees to cooperate fully with the CITY. If the CITY so assumes control of the defense of any third-party claim, the CONTRACTOR shall have the right to participate in the defense at its own expense. If the CONTRACTOR does not so assume control or otherwise participate in the defense of any third-party claim, it shall be bound by the results obtained by the CITY with respect to the claim. d. If the CITY assumes the defense of a third-party claim as described above, then in no event will the CITY admit any liability with respect to, or settle, compromise or discharge, any third-party claim without the CONTRACTOR’s prior written consent, and the CONTRACTOR will agree to any settlement, compromise or discharge of any third-party claim which the CITY may recommend which releases the CITY completely from such claim. e. Municipal Liability Limits. No provision of this Agreement is intended, or shall be construed, to be a waiver for any purpose by either entity of any applicable State limits on municipal liability. f. Disclaimer. The CITY makes no express or implied warranties with regard to its structures, fixtures, materials, or other equipment, all of which are hereby disclaimed. The CITY makes no other express or implied warranties, except to the extent expressly set forth in this Agreement. The CITY expressly disclaims any implied warranties of merchantability or fitness for a particular purpose g. Duty to Competent Supervision and Performance. The CONTRACTOR shall ensure that its employees, servants, agents, and subcontractors have the necessary qualifications, skill, knowledge, training, and experience to protect themselves, their fellow employees, employees of the CITY, and the general public, from harm or injury while performing work permitted pursuant to this Agreement. In addition, the CONTRACTOR shall furnish its employees, servants, agents, and subcontractors with competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner. h. Duty to Inform. The CONTRACTOR further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM FALLING) inherent in the work necessary to perform the work expected under this agreement by the CONTRACTOR’s employees, servants, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform the CONTRACTOR’s employees, servants, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same. A-2 5

Item 1. Exhibit A 4. INSURANCE A. Prior to the commencement of any work and until completion and final payment is made for the work / final acceptance of the work for the RFP No. 21-0030EL, the Contractor will provide and maintain the following minimum levels of insurance at Contractor’s own expense. The cost of the required insurance shall be included in the Contractor’s proposal price and no adjustment shall be made to the contract price on account of such costs unless such approval is provided. The term Contractor shall include Subcontractors and Sub-Subcontractors of every tier. Contractor shall furnish Certificates of Insurance evidencing and reflecting the effective date of coverage as outlined below. In no event shall Work be performed until the required evidence of Insurance is provided in accordance with these Contract Documents and is approved by the City of Dover. If found to be non-compliant, the City of Dover may purchase the required insurance coverage(s) and the cost will be borne by the Contractor through direct payment/reimbursement to the City of Dover or the City of Dover may withhold payment to the Contractor for amounts owed to them. a. Policies Required. At all times during the term of this Agreement, the CONTRACTOR shall keep in force and affect all insurance policies as described below: i. Worker’s Compensation and Employers’ Liability Insurance. Statutory worker’s compensation benefits and employers’ liability insurance with a limit of liability no less than that required by Delaware law at the time of the application of this provision for each accident. This policy shall be endorsed to include a waiver of subrogation in favor of the CITY. The CONTRACTOR shall require subcontractors and others not protected under its insurance to obtain and maintain such insurance. ii. Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to, the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage, broad form property damage, independent contractor’s coverage with limits of liability not less than $2,000,000 general aggregate, $2,000,000 products/completed operations aggregate, $1,000,000 personal injury, $1,000,000 each occurrence. iii. Automobile Liability Insurance. Business automobile policy covering all owned, hired and non-owned private passenger autos and commercial vehicles. Limits of liability not less than $1,000,000 each occurrence, $1,000,000 aggregate. iv. Professional Liability Insurance. CONTRACTOR shall provide professional liability insurance with limits of $2,000,000 each claim and annual aggregate of $2,000,000 related to design services performed under this Agreement. b. Qualification; Priority; Contractors’ Coverage. The insurer must be authorized to do business under the laws of the State of Delaware. Such insurance will be primary. All contractors and all of their subcontractors who perform work on behalf of CONTRACTOR shall be responsible for carrying, in full force and effect, worker’s compensation and employer’s liability, and automobile liability insurance coverage. A-3 6

Item 1. Exhibit A c. Certificate of Insurance; Other Requirements. At the execution of this Agreement and prior to each insurance policy expiration date during the term of this Agreement, CONTRACTOR will furnish the CITY with a Certificate of Insurance with the CITY named as an additional insured (excluding Workers Compensation). The Certificate shall reference this Agreement and worker’s compensation and property insurance waivers of subrogation required by this Agreement. CITY shall be given thirty (30) calendar days advance notice of cancellation or nonrenewal of insurance during the term of this Agreement. d. Limits. The limits of liability set out in this Agreement may be increased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal or other governmental compensation plans, or laws which would materially increase the CITY’s exposure to risk. e. Deductible/Self-insurance Retention Amounts. CONTRACTOR shall be fully responsible for any deductible or self-insured retention amounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. f. Contractor shall provide the City of Dover with Certificates of Insurance, evidencing the insurance coverages listed below, ten days prior to the start of work and thereafter upon renewal or replacement of each coverage. The Contractor shall not begin any work until the City of Dover has reviewed and approved the Certificate of Insurance. The required insurance shall not contain any exclusions or endorsements, which are not acceptable to the City of Dover. Failure of the City of Dover to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the City of Dover to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. With respect to insurance maintained after final payment in compliance with a requirement below, an additional certificate(s) evidencing such coverage shall be provided to the City of Dover with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the time period for which such insurance must be maintained. g. Owner/Client and the City of Dover, (including the City of Dover’s Parent, Subsidiaries, and Affiliates) shall be added as ADDITIONAL INSUREDS on all liability policies (except Workers’ Compensation and Professional Liability Policy, where applicable), for ongoing operations and completed operations (using ISO Endorsements CG 2010 and CG 2037, or their equivalents) on a primary noncontributory basis. Coverage to include ongoing and completed operations. Each of the Additional Insured’s respective directors, officers, partners, members, employees, agents and representatives shall also be afforded coverage as an Additional Insured. Coverage should be provided for a period of three years subsequent to the completion of work/final payment. A-4 7

Item 1. Exhibit A If you are operating in a state that has implemented the “Anti-Indemnity” Additional Insured Endorsements, you are required to provide the state specific additional insured endorsements for ongoing and completed operations. These states include but are not limited to: Montana, New Mexico, Oregon, Colorado, Kansas, California, Louisiana, and Texas. The City of Dover reserves the right to require Contractor to name other parties as additional insureds as required by the City of Dover. There shall be no “Insured versus Insured Exclusion” on any policies (other than “Named Insured versus Named Insured”); all policies will provide for “cross liability coverage” as per standard ISO policy forms. h. Waiver of Rights of Subrogation: Contractor shall waive all rights of recovery against Owner/Client, the City of Dover and all the additional insureds for loss or damage covered by any of the insurance maintained by the Contractor. i. The amount of insurance provided in the required insurance coverages, shall not be construed to be a limitation of the liability on the part of the Contractor. j. The carrying of insurance described shall in no way be interpreted as relieving the Contractor of any responsibility or liability under the contract. k. Any type of insurance or any increase in limits of liability not described above which the Contractor requires for its own protection or on account of statute shall be its own expense. l. Contractor shall promptly notify the City of Dover and the appropriate insurance company(ies) in writing of any accident(s) as well as any claim, suit or process received by the Contractor arising in the course of operations under the contract. The Contractor shall forward such documents received to his insurance company(ies), as soon as practicable, or as required by their insurance policy(ies). REQUIRED COVERAGES - the following may be provided through a combination of primary and excess policies in order to meet the minimum limits set forth below: 1. Worker’s Compensation and Employers’ Liability Insurance. Statutory worker’s compensation benefits and employers’ liability insurance with a limit of liability no less than that required by Delaware law at the time of the application of this provision for each accident. This policy shall be endorsed to include a waiver of subrogation in favor of the City of Dover. The Contractor shall require subcontractors and others not protected under its insurance to obtain and maintain insurance that includes: a. Workers’ Compensation Coverage: Statutory Requirements b. Employers Liability Limits not less than: Bodily Injury by Accident: $100,000 Each Accident Bodily Injury by Disease: $100,000 Each Employee Bodily Injury by Disease: $500,000 Policy Limit A-5 8

Item 1. Exhibit A c. Includes coverage for sole proprietors, partners, members or officers who will be performing the work. 2. Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to, the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage, broad form property damage, independent contractor’s coverage with Limits of liability not less than the following: a. Occurrence Form with the following limits: i. General Aggregate: $2,000,000 ii. Products/Completed Operations Aggregate: $2,000,000 iii. Each Occurrence: $1,000,000 iv. Personal and Advertising Injury: $1,000,000 b. Products/Completed Operations Coverage must be maintained for a period of at least three (3) years after final payment / completion of work (including coverage for the Additional Insureds as set forth in these Insurance Requirements). c. The General Aggregate Limit must apply on a Per Occurrence basis. d. No Exclusions for residential construction with respect to the work to be completed by the Contractor. (If Applicable) e. No sexual abuse or molestation exclusion. f. No amendment to the definition of an “Insured Contract”. g. The definition of an “Insured Contract” must be amended to provide coverage for all work on or within 50 feet of a railroad, if applicable. A stand alone Railroad Protective Liability policy may be required based on the scope of this project. 3. Automobile Liability Insurance. a. Coverage to include All Owned, Hired and Non-Owned Vehicles (or “Any Auto”), if you do not have any Owned Vehicles you are still required to maintain coverage for Hired and Non-Owned Vehicles as either a standalone policy or endorsed onto the Commercial General Liability policy above. b. Per Accident Combined Single Limit $1,000,000 c. For Contractor(s) involved in the transportation of hazardous material, include the following endorsements: MCS-90 and ISO-9948. (If Applicable) 4. Professional Liability Insurance: (IF DESIGNATED BY CONTRACTOR’S SCOPE OF WORK) a. Minimum Limits of Liability A-6 9

Item 1. Exhibit A Per Claim Limit: $2,000,000 Aggregate Limit: $2,000,000 b. The Definition of “Covered Services” shall include the services required in the scope of this contract. c. Coverage shall be extended to cover “Green Building”, if applicable. 5. Privacy Liability: (IF DESIGNATED BY CONTRACTOR’S SCOPE OF WORK) a. Subcontractor shall maintain coverage for third party liability arising out of breach of privacy, inclusive of confidential and proprietary business information, HIPAA violations and other breaches of personally identifiable information and/or protected health information, that may arise from their work with this contract. b. Minimum Limits of Liability: Per Claim: $1,000,000 Aggregate: $1,000,000 c. Privacy Breach Notification and Credit Monitoring: $250,000 Per Occurrence. 6. Qualification; Priority; Contractors’ Coverage. The insurer must be authorized to do business under the laws of the State of Delaware. Such insurance will be primary. All contractors and all of their subcontractors who perform work on behalf of Contractor shall be responsible for carrying, in full force and effect, worker’s compensation and employer’s liability, and automobile liability insurance coverage. 7. Certificate of Insurance; Other Requirements. At the execution of this Agreement and prior to each insurance policy expiration date during the term of this Agreement, Contractor will furnish the City of Dover with a Certificate of Insurance with the CITY named as an additional insured. The Certificate shall reference this Agreement and worker’s compensation and property insurance waivers of subrogation required by this Agreement. The City of Dover shall be given thirty (30) calendar days advance notice of cancellation or nonrenewal of insurance during the term of this Agreement. 8. Limits. The limits of liability set out in this Agreement may be increased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal or other governmental compensation plans, or laws which would materially increase the City of Dover’s exposure to risk. 9. Deductible/Self-insurance Retention Amounts. Contractor shall be fully responsible for any deductible or self-insured retention amounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. 5. CODES, LAWS, AND REGULATIONS The CONTRACTOR will comply with all applicable codes, laws, regulations, standards, and A-7 10

Item 1. Exhibit A ordinances in force during the term of this Agreement. 6. PERMITS, LICENSES, AND FEES The CONTRACTOR will obtain and pay for all permits and licenses required by law that are associated with the CONTRACTOR’s performance of the Scope of Services. 7. ACCESS TO RECORDS The CONTRACTOR will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available for examination by the CITY during the CONTRACTOR’s normal business hours. Said records will be maintained for a period of three (3) years after the date of the invoice. 8. CONTINGENT FEES PROHIBITED The CONTRACTOR warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach of this provision, the CITY shall have the right to terminate this Agreement without further liability and at its discretion, deduct from the contract price, or otherwise recover, the full amount of any such fee, commission, percentage, gift or consideration paid in breach of this Agreement. 9. PAYMENT It is understood and agreed by and between the parties hereto that this Contract is for the cost of time and material only while performing work for and that work is accepted by the City. All requests for payment shall be accompanied by supporting documentation which will include proof of the work performed in accordance to the Contract Documents and other CITY required supporting documentation. Any reimbursement for expenses shall include receipts or copies of the invoices. No other costs or services shall be billed to the CITY. 10. INDEPENDENT CONTRACTOR The CONTRACTOR is an independent contractor and as such will be responsible for paying his own Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this agreement. 11. ASSIGNMENT Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to the Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto. 12. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than the CONTRACTOR and the CITY. A-8 11

Item 1. Exhibit A 13. JURISDICTION The laws of the State of Delaware shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Kent County, Delaware. 14. TERM AND TERMINATION All or part of this Agreement may be terminated by the CITY for its convenience on thirty (30) days written notice to the CONTRACTOR. In such event, the CONTRACTOR will be entitled to compensation for services competently performed up to the date of termination. In the event of termination not the fault of the CONTRACTOR, the CONTRACTOR shall be compensated for with Reimbursable Expenses then due and all Termination Expenses. 15. CONTACT PERSON The primary contact person under this Agreement for the CONTRACTOR shall be Name: Valentino P. DeRocili, Phone No.: 302-674-4427, x101, Address: 150 S. Bradford St, Dover, DE 19904. The primary contact person under this Agreement for the CITY shall be Paul Waddell, Electric Director, Electric Department, 302-736-7088, pwaddell@dover.de.us. 16. APPROVAL OF SERVICE PERSONNEL The CITY reserves the right to approve the contact person and the persons actually performing the services on behalf of the CONTRACTOR pursuant to this Agreement. If the CITY, in its sole discretion, is dissatisfied with the contact person or the person or persons actually performing the services on behalf of the CONTRACTOR pursuant to this Agreement, the CITY may require the CONTRACTOR assign a different person or persons be designated to be the contact person or to perform the services hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates under each signature. (CONTRACTOR) CITY OF DOVER By: By: __________ Title: Title: City Manager Signature: Signature: Date: Date: A-9 12

Item 2. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Leg & Fin) DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: April 30, 2021 PREPARED BY: Sharon J. Duca, P.E., Public Works Director REVIEWED BY: Randy Robertson, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Evaluation of Bids – Automated Trash Truck TIMETABLE: Notice to award to be issued within seven (7) days of Council approval. Delivery anticipated within one hundred and eighty (180) calendar days. RELATED PROJECT: None REFERENCE: CIP- Vehicles EXPENDITURE REQUIRED: $289,500.00 AMOUNT BUDGETED: $295,900.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works Sanitation Division – Vehicle Replacement CIP page 180, Replace 2011 Peterbilt Automated Trash Truck #450, Account No.: 101-12-18-50-000-54023. STAFF RECOMMENDATION: Award the contract to The Pete Store, for the City of Dover 22 Cubic Yard Automated Side Loading Refuse Collection Body and Chassis, Bid #21-0033PW, for the amount of $289,500.00. BACKGROUND AND ANALYSIS: The Fiscal Year 2021 Capital Improvement Plan includes funding for replacement of a 2011 Peterbilt Automated Trash Truck (#450). The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under Invitation To Bid #21-0033PW. Bids were opened on April 27, 2020. The City of Dover received three (3) bids shown in the table below: CONTRACTOR LOCATION EVALUATED PRICE THC ENTERPRISES (MID-ATLANTIC) EASTON, MD $290,800.00 THE PETE STORE SEAFORD, DE $289,500.00 WASTE EQUIPMENT SALES HARRINGTON, DE $269,000.00 City staff reviewed the submissions and found that THC Enterprises (Mid-Atlantic)’s and The Pete Store’s bids met all requirements of the vehicle. Waste Equipment Sales proposed a different body style which did not qualify as an approved equal. Staff recommends awarding the contract to The Pete Store in the amount of $289,500.00 for the Automated Trash Truck replacement. 13

Item 4. City of Dover DATA SHEET FOR RECREATION PLAN REVIEW Review of Active Recreation Area Plan PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF May 11, 2021 PLANNING COMMISSION MEETING of May 17, 2021 Plan Title: Bay Pointe Apartments (One Building Concept) Plan Type: Active Recreation Area Associated with Conditional Use Site Plan C-21-04 Location: Southwest side of Bay Road at Lafferty Lane Address: 1080 and 1160 Bay Road and surrounding unaddressed parcel Tax Parcels: ED-05-086.00-01-18-00-000 ED-05-086.00-01-19.00-000 ED-05-086.00-01-20.00-000 Owner/Applicant: Patel Hospitality Properties Site Area: 3.302 +/- acres Zoning: C-4 (Highway Commercial Zone) Prior Use: vacant, wooded areas Proposed Use: One Apartment Building with Associated site Improvements Dwelling Units: 54 units Recreation Area: Required – 10,000 SF Provided – 13,390 SF P. O. Box 475 Dover, DE 19903 14 Community Excellence Through Quality Service

Item 4. C-21-04: Bay Pointe Apartments Active Recreation Area Review Report to Parks, Recreation & Community Enhancement Committee – May 11, 2021 Page 2 of 6 I. PROJECT SUMMARY: This is plans submission C-21-04 for development of Bay Pointe Apartments as a One Building Concept. The project proposes the construction of one (1) three-story Multiple Dwelling-Unit (Apartment) Building consisting of 54,105 total SF and 54 total apartment units. The associated site improvements include a parking lot, multi-use path along the frontage of Bay Road and sidewalk connections from the parking lot to the building and from the multi-use path to the parking area. This project also includes landscaping along the Bay Road frontage and around and throughout the parking area. Note: A previous application C-20-05 Bay Pointe Apartments (Two Building Concept) was denied by the Planning Commission in December 2020. It proposed a different design concept for development of residential units and the associated recreation area. II. ACTIVE RECREATION AREA PLAN SUMMARY: According to Article 5 §10.514 Residential developments of ten (10) or fewer acres with a density over six units per acre shall be required to provide 150 square feet of active recreation area per dwelling unit or 10,000 square feet of active recreation area, whichever is greater. With this project of fifty-four (54) units, the Active Recreation Area requirement calculates to 8,100 SF which is less than 10,000 SF thus requiring the greater amount. The property is 3.302 acres, therefore density is 16.3 dwelling units per acre. The following table depict the calculation of Active Recreation Area required: Required Provided on Plan Active Recreation 150 S.F. per dwelling unit or • 13,390 SF Area (Article 5 10,000 SF whichever is greater • 248 SF +/- per dwelling §10.514) to be provided on site. unit Amenities: 54 DU = 8,100 SF • Picnic Pavilion/Gazebo Required = 10,000 SF • Picnic Tables (5) • Outdoor Fitness Stations Provided: 13,390 SF • Sand Volleyball Court • Canoe/Kayak Storage Other Site Improvements: • Access to sidewalk system and multi-use path • Bicycle Parking rack (outdoor) The Plans submitted include an Active Recreation Area Plan Sheet (Sheet CS1003; included as exhibit). This plan shows the extent of the planned Active Recreation Facilities on site. Located to the north of the main building and connected to the building and the multi-use path (along Bay Road frontage) via a sidewalk, the Active Recreation Area is noted as being 13,309 SF +/- in area. It is to be comprised of a picnic area with associated gazebo and picnic tables, an area dedicated to outdoor fitness equipment, a storage facility for kayaks, as well as a designated sand volleyball court. These features are to be provided in addition to the bicycle parking facilities (for minimum 7 bicycles), and a sidewalk that circles the perimeter of the Apartment Building and connects to the multi-use path along Bay Road. 15

Item 4. C-21-04: Bay Pointe Apartments Active Recreation Area Review Report to Parks, Recreation & Community Enhancement Committee – May 11, 2021 Page 3 of 6 III. REVIEW PROCESS The Planning Office has prepared this Active Recreation Area Report outlining the facilities proposed by the Applicant to meet the Active Recreation Area requirements. The Parks, Recreation and Community Enhancement Committee will need to consider the proposed Active Recreation Area proposal and make a recommendation. The Planning Commission must act to accept the proposed Recreation Area Plan as part of its review of the Conditional Use Site Plan. The Parks, Recreation and Community Enhancement Committee will review the proposed Active Recreation Area facilities for Bay Pointe Apartments (C-21-04) at their meeting on May 11, 2021. The Planning Commission Public Hearing and Review of the Conditional Use Site Plan C-21-04 is set for May 17, 2021. IV. CODE CITATIONS: Dover Code of Ordinances, Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 10 – Open Space, Recreation and Other Public Facilities (select excerpts). Article 5 Section 10 Section 10. - Open space, recreation and other public facilities. The City of Dover shall require the reservation of open space, recreation and other public facilities in accordance with the provisions of this section as a condition of approval for all one-family dwelling, two- family dwelling and multiple-family dwelling residential developments requiring conditional use approval, site development plan approval, or land subdivision approval by the City of Dover Planning Commission. 10.1 Recreation areas. 10.11 Purpose. The purpose of this section is to ensure that active recreation areas are provided as an integral design element within residential developments and that such facilities are of an adequate scale in relation to the size of the residential development and which provide residents with a variety of active recreational pursuits. 10.12 Dedication required. The commission shall require the dedication or reservation of recreation areas, and the subsequent construction of recreation facilities of a character, extent and location suitable to the needs created by a development for recreation facilities as defined and in accordance with the design guidelines set forth. 10.13 Definition. The following are illustrative of the types of recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the recreation area requirements of this section: tennis courts, handball courts, racquetball courts, swimming pools, saunas and exercise rooms, meeting or activity rooms within clubhouses, baseball and soccer fields, basketball courts, volleyball courts, swings, slides and play apparatus, and developed walking, jogging or biking trails. 10.14 Recreation area review… 10.15 Design guidelines. 10.151 Accessible. Recreation areas shall be accessible within the development and arranged in a manner which affords reasonable access to all residents within the development. When warranted, recreation areas can be dispersed throughout the development, provided that each remote location is accessible. 16

Item 4. C-21-04: Bay Pointe Apartments Active Recreation Area Review Report to Parks, Recreation & Community Enhancement Committee – May 11, 2021 Page 4 of 6 10.152 Pedestrian oriented. Recreation areas shall be pedestrian oriented and designed with linkages to existing and planned public walkways and with other existing or planned recreation areas. 10.153 Age oriented. The nature and scope of planned recreation areas shall reflect an awareness of, and sensitivity toward, the anticipated age groups that would reside within the proposed development. 10.154 Parking. Designs consider the need for parking facilities associated with recreation areas. 10.155 Walking, jogging and biking trails. Recreation trails shall only be counted toward the recreation area requirement when constructed as an accessory to central recreation facilities. The developed trail shall be the only area counted toward the area requirement. 10.156 Setbacks. No structure, equipment or game court surface required under this section shall be located nearer than 30 feet to any lot line of a lot to be used for residential purposes, nor nearer than 25 feet from any right-of-way line. 10.157 Landscaping. Such uses shall be landscaped in accordance with provisions of article 5, section 15, and where warranted, visual screening of parking areas, game courts, playground areas and other features as necessary to preserve and protect the interests of adjoining residential properties may be required. 10.158 Area. The minimum area of a remote recreation area shall be 2,000 square feet. 10.16 Area required. All residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit or one-half acre of land, whichever is greater. In no case shall the commission require that more than ten percent of the gross area of the development be so dedicated or reserved when the gross area is greater than five acres. 10.17 Cash in lieu of recreation area construction… 10.5 Exemption to recreation area and open space dedication. 10.51 Exemptions for small developments. 10.514 Residential developments of ten (10) or fewer acres with a density over six units per acre. These developments shall be exempt from the area requirements set forth in section 10.16, but shall be required to provide 150 square feet of active recreation area per dwelling unit or 10,000 square feet of active recreation area, whichever is greater. If the commission determines that the construction of some or all of the required active recreation area is not practical or desirable, the commission shall require a cash in lieu donation for the active recreation area determined as not practical or desirable. Cash-in- lieu amount shall be in accordance with subsection 10.173 of this article. 10.7 Council approval. Prior to acceptance by the planning commission, all areas planned for public dedication, or cash donations provided under this section must be submitted to, and approved by the parks, recreation, and community enhancement committee of the City of Dover, and shall be subject to final review and approval by [the] city council. V. STAFF RECOMMENDATIONS Planning Staff recommends approval of the proposed Active Recreation Area for Conditional 17

Item 4. C-21-04: Bay Pointe Apartments Active Recreation Area Review Report to Parks, Recreation & Community Enhancement Committee – May 11, 2021 Page 5 of 6 Use Site Plan Application C-21-04. The following are comments and recommendations from the Planning Office following review of the Active Recreation Area Plan. 1) Active Recreation Area: As a residential development, there is a requirement for Active Recreation area. The Plans submitted note an area of 13,390 SF to the north of the building specifically designated as “Active Recreation Area.” The features of this Active Recreation Area identified include: a Gazebo and picnic area with picnic tables and seating; a covered Kayak Storage Facility; an Outdoor Fitness Station; and a Sand Volleyball court. Staff supports the proposed Site Improvements proposed to meet the qualifications of an Active Recreation Area, and further recommends the following regarding improving functionality and accessibility of the Active Recreation Area for the potential residents. a. Accessibility: i. Implement accessible sidewalks connecting from the main building, across the parking lot (including any and all required crosswalk striping, and accessible ramps on all sidewalks) to the Active Recreation Area. The gazebo itself should be accessible with no steps required in order to enter. This can be achieved using site grading. ii. At least one picnic table should have access to it provided via a sidewalk and at least one (1) accessible space for seating. b. General: i. Add shade trees to the active recreation area. Especially consider tree placement to provide shade in the picnic table area. ii. Clarify if gazebo will have interior seating. VI. ADVISORY COMMENTS 1) The Conditional Use Site Plan set including any Recreation Area are to include appropriate improvements, plans, and details of the Recreation Area as approved. 2) There shall be provisions which ensure that any proposed active recreation areas shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of the common use areas or provide for and establish one (1) or more organizations for the ownership and maintenance of all common space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the recreation areas. 3) In the event, that major changes and revisions to the Plan occur in the finalization of the Plan contact the Planning Office. Examples include reorientation of building, relocation of site components, changes in floor area or unit count, or design revisions impacting Active Recreation Areas. These changes may require resubmission for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the plan. 4) The Parks, Recreation, and Community Enhancement Committee shall submit to the Planning Commission a report detailing the recommendations as to the Active Recreation 18

Item 4. C-21-04: Bay Pointe Apartments Active Recreation Area Review Report to Parks, Recreation & Community Enhancement Committee – May 11, 2021 Page 6 of 6 Area requirements. Attachments: • Site Plan C-21-04 Bay Pointe Apartments Site Improvement Plan Sheet (CS1001), Active Recreation Plan Sheet (CS1002) and Landscape Plan Sheet (CS2001) • Building Architecture: Elevations of Apartment Building 19

Item 4. PENNONI ASSOCIATES INC. SITE DATA TAX PARCEL NUMBERS 2-05-08600-01-1800-00001 (LOT 1) 2-05-08600-01-1900-00001 (LOT 2) Christiana Executive Campus 2-05-08600-01-2000-00001 (LOT 3) 121 Continental Drive, Suite 207 OWNER NAME PATEL HOSPITALITY PROPERTIES OWNER ADDRESS 1640 POWDERHORN DRIVE PROPOSED CONCRETE CURB (OT RO NO RT H EXISTING ZONING NEWTOWN, PA 18940 C4 DELDOT PCC 1-6 (TYP.) HE RE UT EXISTING USE VACANT Newark, DE 19713-4310 XP RE SS WA E1 PROPOSED USE (CONDITIONAL USE) PROPERTY ACREAGE (CONSOLIDATED) MULTI-FAMILY APARTMENT - 54 UNITS 3.302 ACRES (143,856 SF) ED YS T 302.655.4451 F 302.654.2895 GE OF &F RE EW ZONING REGULATIONS PA 30' VIN AY LIGHT DUTY AR G ) REQUIRED PROPOSED ASPHALT PAVING TE PROPOSED 8 FT TALL CMU MINIMUM LOT WIDTH (FT) 150 682 RIA 35' LS DUMPSTER ENCLOSURE WITH GATE MINIMUM LOT DEPTH (FT) 150 297 28 RE TR AR E MINIMUM FRONT YARD (FT) 20 89.75 YA ET SE ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR CONTAINING (3) THREE 8 CF RD TB DUMPSTERS MINIMUM SIDE YARD (FT) 15 60.75 STORMWATER BASIN SE AC TB BOTTOM ELEV. 26.00 AC K MINIMUM REAR YARD (FT) 35 (BLDG HEIGHT) 86.09 K MAXIMUM BUILDING HEIGHT (FT) 75 35 5,700 SF BOTTOM MAXIMUM BUILDING HEIGHT (# OF STORIES) 6 3 MAXIMUM LOT COVERAGE (%) 75% 83,942 SF | 58.3% 8' 5' LAN PARKING RATIONALE E 10' 9' 18' 24 E 86. 09' RE FU REQUIRED OFF-STREET PARKING 2 SPACES PER DWELLING UNIT + FIR AND OWNER MUST BE NOTIFIED OF ANY ' SE 18' 18 25' 1 SPACE FOR EVERY 200 SF OF OFFICE + 65 0.25 SPACES PER DWELLING UNIT FOR VISITORS .1 24' = (2*54) + (1*0/200) + (0.25*54) 8' = 122 R2 PROPOSED OFF-STREET PARKING = 130 5' 40.00' 8 REQUIRED HANDICAP PARKING = 5 (1 MUST BE VAN ACCESSIBLE) 5 12' 13' 'R2 ACTIVE RECREATION AREA PROPOSED HANDICAP PARKING = 6 (2 VAN ACCESSIBLE) 15' SIDE YARD SE 13,390 SQ. FT. REQUIRED BICYCLE PARKING 1 PER 20 PROPOSED OFF-STREET PARKING SPACES =7 65.75' PROPOSED BICYCLE PARKING =7 DISCREPANCIES BEFORE PROCEEDING WITH WORK REQUIRED DUMPSTERS 2 FOR FIRST 48 DWELLING UNITS 1 FOR EACH ADDITIONAL 24 UNITS OR FRACTION LANE BIKE PARKING (7 MIN.) PROPOSED DUMPSTERS =3 =3 STOP TBACK SIGN (TYP.) 3-STORY, 54-UNIT APARTMENT BUILDING EXISTING LAND USE SUMMARY 22 FIRE 18,035 SF FOOTPRINT STORMWATER BASIN 30 BUILDINGS (PRIMARY) 0 SF 54,105 GFA LANE BOTTOM ELEV. 26.00 4,000 SF BOTTOM 'A RT ER ADDITIONAL IMPERVIOUS SURFACE OPEN SPACE 1,053 SF 142,803 SF IA TOTAL 143,856 SF 24' 18' 18' 22' 18' LS TR STOP SIGN (TYP.) EET 14 SE TB PROPOSED LAND USE SUMMARY AC FIRE K 15 BUILDINGS (PRIMARY) ADDITIONAL IMPERVIOUS SURFACE 18,035 SF 65,907 SF 10 'S OPEN SPACE 59,914 SF 60.75' ID E TOTAL 143,856 SF SE TB BAY POINTE APARTMENTS SITE IMPROVEMENT PLAN AC R2 K PATEL HOSPITALITY PROPERTIES 5' R2 LANE FIRE FIRE LANE 5' 89.75' 24' BAY ROAD 1640 POWDERHORN DRIVE R2 5' R2 5' 15 15 18' 30' ARTERIAL STREET SETBACK 89.75' 20' FRONT YARD SETBACK 15' MULTI-MODAL EASEMENT CITY OF DOVER, DELAWARE 19901 NEWTOWN, PENNSYLVANIA 18940 LEGEND 10 FT WIDE MULTI USE PATH EXISTING BUILDING 10' RIGHT-OF-WAY / PROPERTY LINE R2 219' 5' CURB R2 5' EDGE OF PAVING SIDEWALK EDGE OF TRAVEL LANE (WHITE STRIPE) PAVEMENT NO PARKING SIGN BAY ROAD 134' SIGN UTILITY POLE AND LIGHT ROUTE 113 FH HYDRANT SITE CONSTRUCTION NOTES: (MINOR ARTERIAL) 5 MAJOR CONTOUR MINOR CONTOUR EX. R/W 200' 4 1. ALL WORK SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL CODES. ALL NECESSARY LICENSES AND PERMITS SHALL BE OBTAINED BY THE CONTRACTOR AT HIS EXPENSE WATER LINE UNLESS PREVIOUSLY OBTAINED BY OWNER. THE CONTRACTOR SHALL ERECT AND MAINTAIN, AS REQUIRED BY THE CONDITIONS AND PROGRESS OF THE WORK, ALL NECESSARY SAFEGUARDS FOR UNDERGROUND GAS LINE SAFETY AND PROTECTION ---- BY PROJECT STATUS: ---- 2. THE CONTRACTOR SHALL IMMEDIATELY INFORM THE ENGINEER OF ANY DISCREPANCIES OR ERRORS UNDERGROUND STEAM LINE THEY DISCOVER IN THE PLAN. 3. DEVIATION FROM THESE PLANS AND NOTES WITHOUT THE PRIOR CONSENT OF THE OWNER OR HIS COMBINED SEWER REPRESENTATIVE OR THE ENGINEER MAY BE CAUSE FOR THE WORK TO BE REJECTED. 4. ALL MATERIALS SHALL BE NEW AND SHALL BE ASBESTOS AND VERMICULITE FREE. ALL MATERIALS DRAINAGE SEWER SHALL BE STORED SO AS TO ASSURE THE PRESERVATION OF THEIR QUALITY AND FITNESS FOR THE INTENDED WORK. OVERHEAD ELECTRIC LINE 5. DRAWINGS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY. CONTRACTOR U:\Accounts\PLAWX\PLAWX20001 - Bay Road Apartments\DESIGN\_SHEETS\CS1001.dwg PLOTTED:4/1/2021 12:53 PM , BY:Steven R. Anderson PLOTSTYLE:Pennoni NCS.stb UNDERGROUND ELECTRIC LINE SHALL BE RESPONSIBLE FOR ALL WORK TO BE PERFORMED. IT MUST BE IN COMPLIANCE WITH THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS AMENDED AND ALL RULES AND REGULATIONS UNDERGROUND TELECOMM LINE LAFF THERETO APPURTENANT. 6. PRIOR TO CONSTRUCTION, CONTRACTOR TO FIELD LOCATE AND RECORD AND DAMAGE TO EXISTING UNDERGROUND COMMUNICATIONS LINE REVISIONS PAVING, SIDEWALK, CURB OR STRUCTURES NOT TO BE REMOVED OR REPLACED, ENGINEER TO VERIFY LOCATION AND EXTENT OF DAMAGE. O 7. THE CONTRACTOR SHALL MAINTAIN ONE COMPLETE SET OF CONTRACT DRAWINGS ON WHICH HE MANHOLES (MIN SHALL NOTE, IN RED, THE ALIGNMENTS AND INVERTS OF ALL UNDERGROUND UTILITIES INSTALLED OR ERTY ENCOUNTERED DURING THE PROSECUTION OF THE WORK. ALL DISCREPANCIES BETWEEN THE PLAN LLEC LOCATIONS AND ELEVATIONS OF BOTH THE EXISTING AND PROPOSED UTILITIES SHALL BE SHOWN ON VALVES THE AS-BUILT DRAWINGS TO BE MAINTAINED BY THE CONTRACTOR IN THE FIELD. R CO 8. THE CONTRACTOR SHALL OPEN ONLY THAT SECTION OF TRENCH OR ACCESS PITS WHICH CAN BE INLET BACKFILLED AND STABILIZED AT THE END OF EACH WORKING DAY. STEEL PLATES SHALL BE USED ON ANY TRENCH OR ACCESS PITS WHICH MUST REMAIN OPEN OVERNIGHT. THIS REQUIREMENT DOES NOT TREE TOR) APPLY TO AREAS COMPLETELY CLOSED AND SECURE FROM VEHICULAR OR PEDESTRIAN TRAFFIC. ---- LANE 9. DAMAGE TO EXISTING PAVING, SIDEWALK, CURB OR STRUCTURES NOT TO BE REPLACED OR REMOVED PROPOSED BUILDING DURING CONSTRUCTION SHALL BE IMMEDIATELY REPORTED TO ENGINEER, CONTRACTOR SHALL REPAIR OR REPLACE ALL DAMAGED WORK WITHOUT CHARGE TO THE OWNER. PROPOSED PROPERTY LINE ---- NO. 10. MISS UTILITY SHALL BE NOTIFIED THREE (3) DAYS PRIOR TO EXCAVATION. 11. ALL DISTURBED AREAS WITHIN THE LIMIT OF DISTURBANCE, BUT NOT IN PAVEMENT, SHALL BE PROPOSED CONCRETE CURB TOP-SOILED (6" MINIMUM), SEEDED AND MULCHED. IF THE ENGINEER DETERMINES THAT A DATE PROPOSED HEAVY DUTY CONCRETE SATISFACTORY STAND OF GRASS DOES NOT EXIST AT THE TIME OF FINAL INSPECTION, ALL COSTS ---- ASSOCIATED WITH RE-ESTABLISHING A SATISFACTORY STAND OF GRASS SHALL BE AT THE PROPOSED LIGHT DUTY CONCRETE CONTRACTOR'S EXPENSE. 12. ALL SIGNING FOR MAINTENANCE OF TRAFFIC IS THE CONTRACTORS RESPONSIBILITY, AND SHALL PROPOSED HEAVY DUTY ASPHALT ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES FOLLOW THE GUIDELINES SHOWN IN LATEST EDITION OF "DELAWARE TRAFFIC CONTROLS FOR ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE STREETS AND HIGHWAY CONSTRUCTION, MAINTENANCE, UTILITY, AND EMERGENCY OPERATIONS." PROJECT. THEY ARE NOT INTENDED OR REPRESENTED PROPOSED LIGHT DUTY ASPHALT TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON 13. DESIGN, FABRICATION AND INSTALLATION OF ALL PERMANENT SIGNING SHALL BE AS OUTLINED IN THE THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER LATEST VERSION OF THE DE MUTCD. PROPOSED ACTIVE RECREATION AREA PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION 14. DESIGN AND INSTALLATION OF ALL PAVEMENT MARKINGS AND STRIPING SHALL BE AS OUTLINED IN OR ADAPTATION BY PENNONI ASSOCIATES FOR THE THE LATEST VERSION OF THE DE MUTCD. FOR FINAL PERMANENT PAVEMENT MARKINGS: SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL a) EPOXY RESIN PAINT SHALL BE REQUIRED FOR LONG LINE STRIPING. EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI b) THERMO PLASTIC (EXTRUDED OR PREFORMED MATERIAL) WILL BE REQUIRED ON ASPHALT SURFACES, ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND FOR SHORT LINE STRIPING, I.E. SYMBOLS/LEGENDS. EXPENSES ARISING OUT OF OR RESULTING THEREFROM. c) PERMANENT PAVEMENT MARKING TAPE (PER DELDOT APPROVED MATERIALS LIST) WILL BE REQUIRED FIRE MARSHAL NOTES: 1. ALL FIRE LANES, FIRE HYDRANTS, AND FIRE DEPARTMENT CONNECTIONS SHALL BE ON CONCRETE SURFACES, FOR SHORT LINE STRIPING, I.E. SYMBOLS/LEGENDS. MARKED IN ACCORDANCE WITH THE STATE FIRE PREVENTION REGULATIONS. PROJECT PLAWX20001 15. BREAKAWAY POSTS SHALL BE USED WHEN INSTALLING ALL SIGNS. REFERENCE DELDOT STANDARD CONSTRUCTION DETAIL T-15. 2. THE FOLLOWING WATER FOR FIRE PROTECTION REQUIREMENTS APPLY: MAIN SIZES: 6" MINIMUM. MINIMUM CAPACITY: 1,000 GPM @ 20 PSI RESIDUAL FOR 1 HOUR DATE 2021-04-01 16. THE CONTRACTOR SHALL NOTIFY THE FOLLOWING, TWO (2) WEEKS PRIOR TO THE START OF DURATION. HYDRANT SPACING: 800' ON CENTER (DSFPR REGULATION 702, CHAPTER CONSTRUCTION: 6, SECTION 3). DRAWING SCALE 1" = 30' 16.1. THE OWNER, KENT CONSERVATION DISTRICT, & SITE ENGINEER 3. LOCK BOX REQUIRED, CONTACT LOCAL FIRE CHIEF FOR ORDERING INFORMATION 17. THE CONTRACTOR SHALL MAINTAIN PUBLIC ROADS AND STREETS IN A BROOM SWEPT CONDITION AT AND LOCATION OF BOX ON THE BUILDING. DRAWN BY SRA ALL TIMES. 4. THE PROPOSED BUILDING SHALL BE THREE STORY (35 FT MAX.) 18. THE CONTRACTOR SHALL REMOVE AND IMMEDIATELY REPLACE, RELOCATE, RESET OR RECONSTRUCT APPROVED BY DDB 5. THE PROPOSE BUILDING CONSTRUCTION TYPE PER NFPA 220, STANDARD ON TYPES 0 30' 60' ALL OBSTRUCTIONS IN THE WORK AREA, INCLUDING, BUT NOT LIMITED TO, MAILBOXES, SIGNS, OF BUILDING CONSTRUCTION, SHALL BE TYPE V(000). LANDSCAPING, LIGHTING, PLANTERS, CULVERTS, DRIVEWAYS, PARKING AREAS, CURBS, GUTTERS, FENCES, OR OTHER NATURAL OR MAN-MADE OBSTRUCTIONS. TRAFFIC CONTROL REGULATORY, WARNING AND INFORMATION SIGNS SHALL REMAIN FUNCTIONAL AND VISIBLE TO THE APPROPRIATE LANES OF TRAFFIC AT ALL TIMES, WITH THEIR RELOCATION KEPT TO A MINIMUM DISTANCE. 6. AUTOMATIC FIRE SPRINKLERS ARE PROPOSED FOR THIS STRUCTURE. NOT FOR CONSTRUCTION CS1001 19. TRANSITIONS FROM PROPOSED SIDEWALK AND CURB TO EXISTING SHALL BE MADE AT THE NEAREST EXISTING JOINT. SHEET 3 OF 8 20

Item 4. NO R TH PENNONI ASSOCIATES INC. SITE DATA TAX PARCEL NUMBERS 2-05-08600-01-1800-00001 (LOT 1) Christiana Executive Campus 2-05-08600-01-1900-00001 (LOT 2) 121 Continental Drive, Suite 207 PROPOSED CONCRETE CURB 2-05-08600-01-2000-00001 (LOT 3) DELDOT PCC 1-6 (TYP.) OWNER NAME PATEL HOSPITALITY PROPERTIES OWNER ADDRESS 1640 POWDERHORN DRIVE NEWTOWN, PA 18940 Newark, DE 19713-4310 EXISTING ZONING C4 EXISTING USE VACANT PROPOSED USE (CONDITIONAL USE) MULTI-FAMILY APARTMENT - 54 UNITS PROPERTY ACREAGE (CONSOLIDATED) 3.302 ACRES (143,856 SF) T 302.655.4451 F 302.654.2895 LIGHT DUTY 30' AR ASPHALT PAVING TE PROPOSED 8 FT TALL CMU RIA 35' LS DUMPSTER ENCLOSURE WITH GATE RE TR AR E YA ET SE RD SE TBAC CONTAINING (3) THREE 8 CF DUMPSTERS ACTIVE RECREATION CALCULATION TB AC K ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR K PER ARTICLE 5, SECTION 10.514 ("RESIDENTIAL DEVELOPMENTS OF TEN (10) OR FEWER ACRES WITH A DENSITY OVER SIX UNITS PER ACRE") E REQUIRED ACTIVE RECREATION SPACE 150 SF PER DWELLING UNIT OR 10,000 SF, WHICHEVER IS GREATER LAN = 7,200 SF (150 * 54) OR 10,000 SF = 10,000 SF FI R 9' PROPOSED ACTIVE RECREATION SPACE = 13,390 SF (PROVIDED ON SITE) 86. RE 0 FU SE 65 .1 E AND OWNER MUST BE NOTIFIED OF ANY 8' 40.00' ACTIVE RECREATION AREA TB 13,390 SQ. FT. 15' SIDE YARD SE 65.75' LANE DISCREPANCIES BEFORE PROCEEDING WITH WORK BIKE PARKING (7 MIN.) STOP SIGN PICNIC PAVILION/GAZEBO ACK (TYP.) 3-STORY, 54-UNIT APARTMENT BUILDING FIRE 18,035 SF FOOTPRINT 30 54,105 GFA LANE 'A RT ER IA LS TR STOP SIGN (TYP.) EE T SE TB AC FIRE K 15 'S 60.75' ID E SE TB AC K LANE LANE ACTIVE RECREATION PLAN FIRE FIRE BAY POINTE APARTMENTS 89.75' PATEL HOSPITALITY PROPERTIES BAY ROAD 1640 POWDERHORN DRIVE 30' ARTERIAL STREET SETBACK 89.75' 20' FRONT YARD SETBACK 15' MULTI-MODAL EASEMENT CANOE/KAYAK STORAGE CITY OF DOVER, DELAWARE 19901 NEWTOWN, PENNSYLVANIA 18940 BAY ROAD OVERALL RECREATION PLAN SCALE: 1" = 30' ACTIVE RECREATION AREA LEGEND 13,390 SQ. FT. BY PROJECT STATUS: ---- EXISTING BUILDING RIGHT-OF-WAY / PROPERTY LINE CURB PICNIC PAVILION / GAZEBO SIDEWALK U:\Accounts\PLAWX\PLAWX20001 - Bay Road Apartments\DESIGN\_SHEETS\CS1002.dwg PLOTTED:4/1/2021 12:53 PM , BY:Steven R. Anderson PLOTSTYLE:Pennoni NCS.stb PAVEMENT PICNIC TABLE TYP. SIGN UTILITY POLE AND LIGHT REVISIONS FH HYDRANT 5 MAJOR CONTOUR 30 OUTDOOR FITNESS STATIONS 'A 4 MINOR CONTOUR RT ER WATER LINE COVERED KAYAK/CANOE IA LS UNDERGROUND GAS LINE STORAGE TR EE UNDERGROUND STEAM LINE T SE COMBINED SEWER TB A NO. DRAINAGE SEWER CK OUTDOOR FITNESS OVERHEAD ELECTRIC LINE 15 DATE STATIONS 'S UNDERGROUND ELECTRIC LINE ID E UNDERGROUND TELECOMM LINE SE TB ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE UNDERGROUND COMMUNICATIONS LINE AC PROJECT. THEY ARE NOT INTENDED OR REPRESENTED K TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER MANHOLES PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION SAND VOLLEYBALL COURT OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL VALVES EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND INLET EXPENSES ARISING OUT OF OR RESULTING THEREFROM. TREE PROJECT PLAWX20001 PROPOSED BUILDING PROPOSED PROPERTY LINE DATE 2021-04-01 PROPOSED CONCRETE CURB DRAWING SCALE AS NOTED 30' ARTERIAL STREET SETBACK SAND VOLLEYBALL COURT PROPOSED HEAVY DUTY CONCRETE DRAWN BY GBR PROPOSED LIGHT DUTY CONCRETE 20' FRONT YARD SETBACK APPROVED BY DDB PROPOSED HEAVY DUTY ASPHALT 0 30' 60' 15' MULTI-MODAL EASEMENT PROPOSED LIGHT DUTY ASPHALT ACTIVE RECREATION AREA ENLARGEMENT SCALE: 1" = 20' NOT FOR CONSTRUCTION CS1002 SHEET 4 OF 8 21

Item 4. 39 EXISTING HW INV IN 31.40 PENNONI ASSOCIATES INC. NO SITE DATA Christiana Executive Campus RTH TAX PARCEL NUMBERS 2-05-08600-01-1800-00001 (LOT 1) 38 2-05-08600-01-1900-00001 (LOT 2) 50 2-05-08600-01-2000-00001 (LOT 3) 121 Continental Drive, Suite 207 45 32 40 OWNER NAME PATEL HOSPITALITY PROPERTIES 35 OWNER ADDRESS 1640 POWDERHORN DRIVE NEWTOWN, PA 18940 33 RO Newark, DE 19713-4310 EXISTING ZONING C4 (OT EXISTING USE VACANT 34 33 (1) LS HE RE UT PROPOSED USE (CONDITIONAL USE) MULTI-FAMILY APARTMENT - 54 UNITS 35 (1) LS 32 XP RE E1 PROPERTY ACREAGE (CONSOLIDATED) 3.302 ACRES (143,856 SF) T 302.655.4451 F 302.654.2895 34 SS 36 WA (1) LS ED YS GE &F OF PA RE EW LEGEND 35 VIN AY 38 (1) AR (1) LS G ) EXISTING BUILDING ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR 28 RIGHT-OF-WAY / PROPERTY LINE 36 CURB 34 LS (1) SIDEWALK PAVEMENT 37 SIGN 36 (4) GS AND OWNER MUST BE NOTIFIED OF ANY UTILITY POLE AND LIGHT RE 35 FU FH 18 SE HYDRANT 33 35 37 36 5 MAJOR CONTOUR (1) LS 4 MINOR CONTOUR (1) AR 8 WATER LINE UNDERGROUND GAS LINE 33 DISCREPANCIES BEFORE PROCEEDING WITH WORK (15) RG (3) AR UNDERGROUND STEAM LINE COMBINED SEWER 35 34 STOP 34 DRAINAGE SEWER SIGN OVERHEAD ELECTRIC LINE (TYP.) UNDERGROUND ELECTRIC LINE 3-STORY, 54-UNIT APARTMENT BUILDING 22 35 18,035 SF FOOTPRINT UNDERGROUND TELECOMM LINE 54,105 GFA UNDERGROUND COMMUNICATIONS LINE FF=37.5 35 STOP SIGN (TYP.) (3) GS MANHOLES 36 14 36 37 VALVES 36 INLET 10 BAY POINTE APARTMENTS TREE PATEL HOSPITALITY PROPERTIES 36 36 PROPOSED BUILDING (3) TG 37 LANDSCAPE PLAN PROPOSED PROPERTY LINE (3) IV (19) RG (5) IV BAY ROAD 37 1640 POWDERHORN DRIVE (1) AR 36 (3) IV (1) AC 36 (2) TG PROPOSED CONCRETE CURB (1) TG (3) IV (3) IV (1) CV (2) TG (1) AC 37 37 PROPOSED HEAVY DUTY CONCRETE (3) IV (8) IC (2) TG 15 8 PROPOSED LIGHT DUTY CONCRETE 3 15 (5) TG PROPOSED HEAVY DUTY ASPHALT 37 PROPOSED LIGHT DUTY ASPHALT (8) IV 37 37 CITY OF DOVER, DELAWARE 19901 NEWTOWN, PENNSYLVANIA 18940 5 PROPOSED MAJOR CONTOUR (1) AC (1) AC (3) IV (2) TG (9) IV (3) CV (2) TG 4 PROPOSED MINOR CONTOUR W PROPOSED WATER PIPE (6) IV 10 FT WIDE MULTI USE PATH S PROPOSED SEWAGE PIPE (2) CV MULCHED LANDSCAPE MULCHED LANDSCAPE UC PROPOSED COMMUNICATIONS LINE BED TYP. BED TYP. 36 36 37 UE PROPOSED ELECTRIC LINE 37 37 EDGE OF PAVING 38 38 38 UG PROPOSED GAS LINE 38 EDGE OF TRAVEL LANE (WHITE STRIPE) BAY ROAD ROUTE 113 (MINOR ARTERIAL) BY PROJECT STATUS: ---- PLANT SCHEDULE DECIDUOUS TREES QTY BOTANICAL NAME COMMON NAME SIZE CONTAINER REMARKS AR 6 ACER RUBRUM `AUTUMN FLAME` AUTUMN FLAME RED MAPLE 2" - 2.5" CAL. B&B STRAIGHT SINGLE LEADER GS 7 GLEDITSIA TRIACANTHOS `SKYLINE` SKYLINE HONEY LOCUST 2" - 2.5" CAL. B&B LS 6 LIQUIDAMBAR STYRACIFLUA `ROTUNDILOBA` TM ROUND-LOBED SWEET GUM 2" - 2.5" CAL. B&B U:\Accounts\PLAWX\PLAWX20001 - Bay Road Apartments\DESIGN\_SHEETS\CS2001.dwg PLOTTED:4/1/2021 12:54 PM , BY:Steven R. Anderson PLOTSTYLE:Pennoni NCS.stb EVERGREEN TREES QTY BOTANICAL NAME COMMON NAME SIZE CONTAINER REMARKS TG 19 THUJA STANDISHII X PLICATA `GREEN GIANT` GREEN GIANT ARBORVITAE 6`-7` HT. CONT. FULL FORM TO GROUND REVISIONS FLOWERING TREES QTY BOTANICAL NAME COMMON NAME SIZE CONTAINER REMARKS AC 4 AMELANCHIER CANADENSIS CANADIAN SERVICEBERRY 8`-9` HT. B&B CV 6 CRATAEGUS VIRIDIS `WINTER KING` WINTER KING HAWTHORN 8`-9` HT. B&B SHRUBS QTY BOTANICAL NAME COMMON NAME SIZE CONTAINER HEIGHT REMARKS IC 8 ILEX CRENATA `COMPACTA` DWARF JAPANESE HOLLY 5 GAL. CONT. 18" - 24" MIN. 3 STEMS IV 46 ITEA VIRGINICA `HENRY`S GARNET` HENRY`S GARNET SWEETSPIRE 5 GAL. CONT. 18" - 24" MIN. 3 STEMS RG 34 RHUS AROMATICA `GRO-LOW` GRO-LOW FRAGRANT SUMAC 2 GAL. CONT. 12" - 15" MIN. 3 STEMS NO. DATE ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. PROJECT PLAWX20001 DATE 2021-04-01 DRAWING SCALE AS NOTED DRAWN BY SRA 0 30' 60' APPROVED BY GBR NOT FOR CONSTRUCTION CS2001 SHEET 7 OF 8 22

Item 4. 23

Item 5. Tauchus, Janella M Subject: RE: EXTERNAL: Fwd: Ideas for Relief Act Funding Spending ‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐ From: Tina Bradbury <tina@downtowndoverpartnership.com> Date: Tue, Mar 16, 2021 at 2:59 PM Subject: Ideas for Relief Act Funding Spending To: Anderson, David <david.anderson@dover.de.us>, David Anderson <davidlevianderson@gmail.com> Hello Councilman Anderson, As per our phone conversation, I am following up with some of my top of mind ideas for some uses for downtown Dover to benefit if given some of the Relief Act funding that is being given to Dover. I will be on another meeting that starts at 5pm and will reach out to you once I am off the call so you can put me on speaker phone to go over these topics further. Again these are just top of mind ideas, but I can certainly come up with more if you wish. 1. Downtown PA system Install (multiple benefits of use) 2. Small Business Revolving Loan Fund Program (This may have a potential match for funds if we are awarded the USDA Grant that we are applying for) 3. Small Business mini grants 4. Farmers Market Match for healthy eating initiatives for the Dover community 5. Smart City technology implementation (Digital WayFinding System, Phone App Creation, Electric Bike Rental Program, Electric Vehicle Charging stations, etc.) 6. Downtown Dover Gift Card Program (Generating a stimulus to the community to spend at our Dover businesses) 7. Envision Capital City 2030 (Master Plan to proactively guide investment in and development of Downtown Dover) 8. Downtown Ambassador Program Expansion Tina Tina Bradbury, CTA Economic Development & Operations Manager Downtown Dover Partnership Office: 302‐678‐2940 Cell: 302‐465‐5456 http://www.downtowndoverpartnership.com/ Follow us on Facebook for all the latest updates: https://www.facebook.com/DowntownDover/ 1 24