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Paj 1
CITY OF DOVER, DELAWARE
COUNCIL COMMITTEE OF THE WHOLE MEETING
Tuesday, July 12, 2022 at 6:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA HAS BEEN REVISED TO INCLUDE UPDATED WEBEX INFORMATION
Public comments are welcomed on any item and will be permitted at the appropriate time. When
possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you
wish to be recognized.
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/zptxzx
Event number: 2535 870 5434
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 COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
ADOPTION OF THE AGENDA
1. Presentation of Meeting House Branch Drainage Improvement Project
(Committee Action Not Required)
2. NCALL Donation of 7,176 square feet of 235 North Kirkwood Street to the City of Dover
(David S. Hugg, III, City Manager)
(Staff recommendation: approve acceptance of donation.)
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COUNCIL COMMITTEE OF THE WHOLE MEETING - July 12, 2022 PAGE 2
MAYOR AND COUNCIL REPORTS
3. Council President Sudler
4. First District
5. Second District
6. Third District
7. Fourth District
8. At - Large
9. Mayor Christiansen
ADJOURNMENT OF THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING
UTILITY COMMITTEE
ADOPTION OF THE AGENDA
1. Engineering Support – Water Street & S. Governors Avenue (Jason Lyon, Director
Water Wastewater)
(Staff recommendation: authorize additional engineering design support to the Office of
Management and Budget, Division of Facilities Management to increase stormwater
storage, in the amount of $16,500.)
ADJOURNMENT OF THE UTILITY COMMITTEE MEETING
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
ADOPTION OF THE AGENDA
1. Evaluation of Bids – Garrison Oak Technology & Business Park (GOTBP) Substation
Switchgear (Shawn Burgett, Engineering Services and System Operations
Superintendent, Electric Department)
(Staff recommendation- awarding contract #22-0036EL to Siemens)
2. Proposed Budget Amendment to the 2019 CDBG Action Plan with the special allocation
authorized by the Coronavirus Aid Relief and Economic Security Act (CARES Act)
(Tracey Harvey)
(Staff recommendation: approval of the Proposed Budget Amendment totaling $91,931 for
Fiscal Year 2019)
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COUNCIL COMMITTEE OF THE WHOLE MEETING - July 12, 2022 PAGE 3
3. Consideration of School Resource Officer (SRO) requests (Chief Thomas Johnson, Dover
Police Department)
(Staff recommendation: approval of School Resource Officer requests, contingent on
funding from requestors)
4. Engineering services required to complete the Meeting House Branch Drainage
Improvement Project design (Sole Vendor) (Mark Nowak, Public Works Director)
(Staff recommendation: to use AECOM (Sole Vendor) for engineering services required to
complete the Meeting House Branch Drainage Improvement Project design)
5. Adjustment to Police Promotion Process (Mayor Christiansen and Chief Johnson)
(Staff recommendation: Approve the revised table as requested.)
ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING
ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE
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
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Item 1.
Meeting House Branch
Drainage Improvement Project
Where Are We| The Plan Forward | Anticipated Schedule
Joshua Barth
Environmental Scientist
Department of Public Works
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Item 1.
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Item 1.
Brief History:
• Pre-1940 A branch of the Saint
Jones River – Meeting House
Branch, drained around 600 acres
of land through city.
• 1940s the City of Dover used
downstream portion as a dump.
• 1960-1970 the City of Dover used
same downstream portion as a
wastewater treatment facility
• 1970-2016 the City of Dover used
downstream area as a public works
yard
Historical United States Geological Survey Map (1930)
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Historical City of DoverItem 1.
Map.
Red arrow indicates PWII
Property.
Green arrow indicates
hospital.
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Item 1.
Map of Meeting House Branch
today, enclosed, and developed
over. Meeting House Branch has
a drainage area of ~600 acres.
Red arrow identifies PWII
property.
Black line represents location of
Meeting House Branch.
*Only 0.2 miles of the stream
remains open today (by Cherry
St).*
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Item 1.
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Item 1.
Brick arch under
South State St
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Item 1.
Where are We?
• Working with AECOM to finalize
drainage improvement project
design.
Design is currently 50% complete
(need to design open channel from
State Street to the Saint Jones River).
• Working with Compliance
Environmental and EA
Engineering to complete VCP at
PWII.
PWII is contaminated with trash,
metals, and oil debris
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Item 1.
Plan Forward?
1) Complete Ecological Risk
Assessment
2) Complete Feasibility Study for
recreational scenario
(accommodates park and
Drainage
drainage improvement Eco-Risk Assess
Feasibility
Project
Study
project) Design
3) Complete drainage
improvement project design
4) Clean up PWII and construct
drainage improvement project
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Item 1.
Anticipated Schedule?
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Item 1.
Thank You!
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Item 2.
ACTION FORM
PROCEEDING: CCOW Parks and Recreation Committee
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 7/6/22
PREPARED BY: David Hugg
SUBJECT: NCALL Donation 7,176 square feet of 235 North Kirkwood Street
REFERENCE:
RELATED PROJECT: Mary Street Park
REVIEWED BY:
EXHIBITS: NCALL letter and plot of proposed lot line adjustment
EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
TIMETABLE:
STAFF RECOMMENDATION: Approve acceptance of donation
BACKGROUND AND ANALYSIS
The properties at 217, 225, and 235 N. Kirkwood Street was purchased by NCALL from the Pride of Dover
Lodge with assistance from the City. NCALL pledged to donate a portion of the 235 North Kirkwood Street
property to add to Mary Street Park. NCALL has approached the city offering to donate 7,176 square feet of
property as part of their anticipated subdivision and future construction of four new residential units. Attached
are the letter from NCALL making the offer and a plot of the minor lot line adjustment creating the four lots
and indicating the area to be donated and added to the Mary Street Park.
Council approval is required for the acceptance of this land donation.
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Item 2.
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Item 2.
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Item 1.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Utility)
DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: July 1, 2022
PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services
REVIEWED BY: David Hugg, City Manager and Lori Peddicord, Controller / Treasurer
SUBJECT: Engineering Support – Water Street & S. Governors Avenue
TIMETABLE: Memorandum of Understanding to be executed within seven (7) days of Council
approval.
RELATED PROJECT: X
REFERENCE: N/A
EXPENDITURE REQUIRED: $16,500
AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): Shortfall to be covered by savings in project
SW2202 Silver Lake Dam Repairs.
STAFF RECOMMENDATION:
Authorize additional engineering design support to the Office of Management and Budget, Division of
Facilities Management to increase stormwater storage, in the amount of $16,500.
BACKGROUND AND ANALYSIS:
The State of Delaware is currently in the design phase of constructing a new Kent County Family
Courthouse and associated parking lots. The location of this project is on the northern side of the Water
Street and S. Governors Avenue intersection. This intersection is prone to significant flooding, as such,
the city is in the process of conducing a feasibility study, engineering design, and ultimately improving
the stormwater system in this area.
As this courthouse will construct a parking lot on the northwest intersection of Water Street and S.
Governors Avenue, city staff identified a potential area for stormwater improvement. Underground
stormwater storage could occur below the proposed parking lot. The initial plan is to have this function
as an overflow location for stormwater.
City staff met with the Office of Management and Budget, Division of Facilities Management (DFM) to
discuss a partnership with this improvement. Both parties agreed that this would be the opportune time
to design this facility. DFM has a design engineer that has provided an estimate to perform this
engineering service, the amount is $16,500. This service was not budgeted in the City budget.
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Item 1.
The fee proposed by this work will be supplemented by a budget amendment from the surplus in the Silver
Lake Dam Repairs Project. A breakdown of the funding sources in provided below:
Funding Description Current Spent / Savings / Requested Proposed
Source Budget Encumbered Remaining Change Budget
Remaining
General SW2205 – Water $22,500* $0 $0 $16,500 $39,000
Street Flooding Imp.
General SW2202 – Silver Lake $91,500* $63,482 $28,018 ($16,500) $11,518
Dam Repairs
*-this current budget assumes City Council approval during the July 11, 2022 meeting.
City staff reviewed the estimate and finds the fee to be reasonable for the service they are provided. Staff
recommends authorization of the payment to DFM in the amount of $16,500.
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Item 1.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is between the City of Dover (the “City”)
and the Office of Management and Budget, Division of Facilities Management (collectively,
“DFM”) effective July 1, 2022. The City and DFM are collectively referred to as the “Parties.”
The purpose of this Memorandum of Understanding is to outline the Parties’ respective
roles and responsibilities solely for the design of the underground stormwater collection system
(“Project”) in furtherance of the City’s request. The Parties hereby agree that this MOU is
expressly limited to the design phase of the Project and exclusive in its entirety as to any
subsequent Project phase and that the term “Project” as used herein shall not be deemed or
construed to incorporate, expressly or implicitly, any subsequent Project phase; provided,
however, that the Parties may hereafter consent in writing signed by both Parties to incorporate by
reference this MOU into a separate written agreement between the Parties.
Based on recent discussions between the City and DFM, the Parties agreed to proceed with
this design phase of the Project—an underground stormwater management system located beneath
the proposed Box Outlet parking lot site (Tax Parcel Number 2-05-07709-03-2100-001/02, located
at 446/448 S. Governor’s Ave., Dover, Delaware, 19901). The Project is anticipated to provide
management and additional storage to facilitate migration of known flooding issues occurring at
the intersection of W. Water Street and S. Governors Ave., as part of the Meeting House Branch
Drainage project. Noteworthy is that the Project’s design will meet DNREC’s BMP (Best
Management Practices) Standards and Specifications.
IT IS MUTUALLY AGREED BY THE PARTIES HERETO THAT:
A. The purpose of this MOU is solely to complete the Project’s design phase so that any
subsequent, separate agreements for the Project’s completion can be fulfilled in
conjunction with the building and construction of the new Kent County Family Courthouse
and parking lot.
B. The execution of the Architectural and Engineering (“A/E”) design work needed for the
Project will begin once the proposal for design (“Design Proposal”) has been reviewed and
approved in writing by both Parties. The total price for the A/E design work for the Project
is $16,500, which includes the civil drawing work by Duffield plus the 10% markup by the
A/E firm, Tevebaugh.
C. If there are any change orders associated with the Project’s design phase, such change
orders will be reviewed and approved in writing by both Parties.
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Item 1.
D. DFM will:
a. Contract with an appropriate vendor to perform the architectural and engineering
design services for the Project. As required, the vendor will provide DFM the cost
estimates for the design and site plans of the Project.
b. Provide site plans and design status updates to the City throughout this Project as
the same become available.
c. Assume responsibility for financial management of the Project expenses, including
contracts, purchase orders, and invoices owed by the City. In furtherance of its
responsibility in this subsection c., DFM will maintain accurate financial records
and make them available to the City upon request.
E. City of Dover will:
a. Within 30 calendar days of both Parties’ signing the Design Proposal, pay to DFM
the amount of $16,500, as such amount is identified in Section B., above.
b. Within 30 calendar days of the Parties’ review and written approval of any change
orders referenced in Section C., above, pay to DFM the amount owed for any such
change order.
c. Within 30 calendar days of the City’s receipt of invoices for any and all other
expenses for A/E design associated with the Project and not identified in
subsections a. and b. in this Section E., pay to DFM the total amount due for such
invoices.
Project Procedures and Implementation:
All correspondence, reports, invoices, and inquiries associated with the content of the Project
should be directed to Jason Lyon, Director of Water and Wastewater/Engineering Services at the
City of Dover, Department of Water and Wasterwater, PO Box 475, Dover, Delaware 19903 or by
email at jlyon@dover.de.us
The undersigned agree to the follow the provisions outlined in this MOU.
Jennifer Coverdale DATE
Director of Facilities Management
The City of Dover agrees to disburse funds for this Project in accordance with the rules and
procedures outlined in this MOU.
David Hugg DATE
City Manager, City of Dover
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Item 2.
COMMITTEE ACTION FORM
PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administrative Committee
DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: July 6, 2022
PREPARED BY: Shawn Burgett, Engineering Services & System Operations Superintendent
SUBJECT: Evaluation of Bids – Garrison Oak Technology & Business Park (GOTBP) Substation Switchgear
REFERENCE: N/A
RELATED PROJECT: EE2215
REVIEWED BY: Dave Hugg, City Manager; Lori Peddicord, Controller; Paul Waddell, Electric Director
EXHIBITS: Exhibit A – Bid Tabulations for RFP 22-0036EL
EXPENDITURE REQUIRED: $1,680,581 AMOUNT BUDGETED: $7,000,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/163 Acct # 411-42-26-99-000-57060
TIMETABLE: Award upon Council Approval
RECOMMENDED ACTION: Staff recommends awarding #22-0036EL to Siemens
BACKGROUND AND ANALYSIS
This Committee Action Form (CAF) is to gain approval for the purchase of a Switchgear building to be installed at the
new GOTBP substation. This piece of equipment will be used to house all the breakers, relays, and batteries. It will also
provide circuit protection to the 69 kV and 12.47 kV lines coming into and out of the station in addition to arc flash
protection to internal equipment and personnel. The battery bank provides emergency DC voltage to power the protection
relays in the event of AC voltage failure.
The Request for Proposal was solicited and advertised per the City Purchasing Policy by the Procurement Manager,
posted on the City website, and sent directly to multiple vendors the City knew could provide the material and there was
one (1) response. After evaluation it was deemed that the submission from Siemens fully met the specifications drafted
by Aubrey Silvey in partnership with City of Dover Electric personnel.
Additionally, the submission from Siemens is a firm price that includes a partial credit (-$50,000) for cancelation fee on
the previous switchgear project 22-0008EL.
Rank Vendor All in Price Comments
Firm pricing, installation &
1 Siemens $1,680,581
commissioning included
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Item 3.
ACTION FORM
PROCEEDING: Council Committee of the Whole (Legislative and Finance)
DEPARTMENT OF ORIGIN: Planning Department DATE SUBMITTED: June 9, 2022
PREPARED BY: Tracey Harvey
SUBJECT: Proposed Budget Amendment to the 2019 CDBG Action Plan with the special allocation
authorized by the Coronavirus Aid Relief and Economic Security Act (CARES Act)
REFERENCE: N/A
RELATED PROJECT: CARES Act funding first and second round allocations
REVIEWED BY: N/A
EXHIBITS: CARES Act allocation award letter
EXPENDITURE REQUIRED: $91,931 AMOUNT BUDGETED: $91,931
FUNDING SOURCE (Dept./Page in CIP & Budget):
TIMETABLE: Pending Council approval, the Planning Office will publish a public notice allowing a 5-day
comment period for citizens to comment on the proposed amendment.
STAFF RECOMMENDATION: Staff recommends approval of the proposed Budget Amendment totaling
$91,931 for Fiscal Year 2019.
BACKGROUND AND ANALYSIS
The City of Dover partnered with the Delaware Department of Health and Social Services (DHSS) to administer
the first and second round of CARES Act funding to prevent, prepare and respond to coronavirus (COVID-19).
The funds were used to provide motel vouchers to homeless families and individuals and pay utilities for
persons facing disconnection of their services due to Covid-19. The first and second round of funding in the
amount of $475,372 has been expended servicing 70 families and individuals meeting the January 4, 2022
deadline.
In October 2021, American Rescue Plan Act (ARPA) funding was awarded to Dover Interfaith Mission for
Housing (DIMH) in the amount of $50,000 to provide motel vouchers and rental and utility payment assistance
in response to persons affected by Covid-19. All funding has been drawn down and there is still a need to
service this population.
DIMH has agreed to continue to administer the grant with the third round of CARES Act funding that will
provide motel vouchers, rental assistance and pay utilities for persons facing disconnection of services in
response to the negative impact of Covid-19.
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May 13, 2022
The Honorable Robin Christiansen
Mayor of Dover
Dover
15 Loockerman Plaza
Dover, DE 19901-7327
Dear The Honorable Mayor Christiansen:
I am pleased to inform you of a reallocation to your jurisdiction of Community
Development Block Grant funds made available to prevent, prepare for, and respond to
coronavirus (CDBG-CV) in the amount of $91,931. This reallocation is authorized by the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136,
enacted March 27, 2020, to respond to the growing effects of this historic public health crisis.
The CARES Act made available $5 billion in CDBG-CV funds. These funds were fully
allocated to grantees in three rounds. However, some grantees did not apply for one or more
allocation rounds by the August 16, 2021, deadline, or otherwise declined their awards. The
remaining $3,069,687 of CDBG-CV funds are now reallocated to those grantees that have
demonstrated capacity to quickly expend CDBG-CV funds. The grantees eligible for this
reallocation are limited to those that expended 99 percent or more of their CDBG-CV funds by
January 4, 2022.
To accept this reallocation of $91,931, please amend the Consolidated Plan containing
CDBG-CV funds to include this reallocation amount and submit to HUD for review. Remember
that your citizen participation plan must describe the criteria for an amendment to be considered
substantial and that all substantial amendments are subject to the public comment and
consultation requirements found in 24 CFR Part 91 before they may be submitted to HUD.
Pursuant to the CARES Act, the public comment period for CDBG-CV funds is reduced to not
less than five days. Upon acceptance of your Consolidated Plan amendment by HUD, the field
office will amend your CDBG-CV grant agreement to include the reallocation amount. Please
be aware that the amended grant agreement must be fully executed and submitted to HUD’s Fort
Worth Accounting Center by September 23, 2022. After that date, these funds will no longer be
available to HUD for obligation or award.
This reallocation is part of the CDBG-CV grant and subject to the requirements of the
CARES Act and the Notice of Program Rules, Waivers, and Alternative Requirements Under the
CARES Act for Community Development Block Grant Program Coronavirus Response Grants,
Fiscal Year 2019 and 2020 Community Development Block Grants, and for Other Formula
Programs [84 FR 51457]. These requirements include oversight, reporting, and the requirement
that each grantee have adequate procedures to prevent the duplication of benefits (DOB). HUD
has provided guidance and technical assistance on DOB the prevention of fraud, waste, and
abuse, and on documenting the impact of this program for beneficiaries.
www.hud.gov espanol.hud.gov
Paj 25
2
The Office of Community Planning and Development (CPD) is looking forward to
working with you to successfully meet the urgent and complex challenges faced by our
communities. If you or any member of your staff has questions, please contact your local CPD
Field Office Director.
Sincerely,
Jemine A. Byron
Acting General Deputy Assistant Secretary
for Community Planning and Development
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Item 4.
ACTION FORM
PROCEEDING: Council Committee of the Whole – Legislative, Finance & Administration
DEPARTMENT OF ORIGIN: Police
PREPARED BY: Chief Thomas Johnson
SUBJECT: Additional School Resource Officer for Academy of Dover Charter School, et. al.
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: City Manager, Controller/Treasurer
EXHIBITS: None
Potential Back-end Exact dollars to
EXPENDITURE REQUIRED: PROJECT REVENUE:
costs at termination cover Officer costs
Reimbursement Revenues from
FUNDING SOURCE (Dept./Page in CIP & Budget): participating Schools
TIMETABLE: Upon Council approval, the Police Department will add the Academy of Dover Charter
School to its SRO program and initiate hiring an additional Police Officer. Presuming
that future requests are also fully funded, the same model will prevail for other schools.
RECOMMENDED ACTION: Approve the compensated SRO model as requested.
BACKGROUND
On May 24, 2022 there was a mass shooting at an elementary school in Texas that generated concern across the
entire country. Dover PD took note of the incident and provided additional security for all City schools for the balance
of that week. On June 3, 2022, Dr. Michelle Marinucci of the Academy of Dover Charter School met with Chief
Thomas Johnson, Jr. to request a School Resource Officer (SRO) at their school located at 104 Saulsbury Rd, Dover,
DE. The Academy of Dover Charter is a free public charter school with approximately 419 students (85% from within
the corporate limits of Dover) in grades K through 8. Their educational process is student-centered and achieved by
partnerships involving students, parents, and staff where each child embraces the love, joy, and value of education.
Recognizing the complexities of adding to the authorized strength of the Dover PD, the school is requesting the SRO to
start as soon as practical for the police department.
To fulfill this request, a Memorandum of Understanding (MOU) between the Academy of Dover Charter School and
the Police Department will be signed to form a contract. The MOU, following the same template of the current
document in place with Capital School District, will cover policy, process and finances. The MOU would cover three
years and be reviewed, as well as revised if necessary, every three years thereafter. The cost would mirror that of
an entry-level Officer each year and move with the FOP CBA going forward. Therefore; FY 23 would be valued at
$110,473.09 (uniforms and gear included), FY 24 would be valued at $102,093.27 (-uniforms/gear +contract raise),
and FY 25 would be valued at $105,952.03 (+contract raise). [Total – 3yrs - $318,518.39] These amounts would be
paid, in their entirety, by the school. The contract/MOU will contain language that requires 90-day notice of
termination. Should that ever occur, the Dover PD would request the city retain the employee and allow the next
regular separation to return the department to the appropriate authorized strength. Every effort will be made with the
school to coordinate contract termination with a typical employee departure.
.
ACTION REQUESTED
The Legislative and Finance Committee and Council approve this and similar SRO requests going forward.
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Item 5.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Leg & Fin)
DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: July 1, 2022
PREPARED BY: Mark Nowak GISP, Public Works Director
REVIEWED BY: Dave Hugg, City Manager and Lori Peddicord, Controller / Treasurer
SUBJECT: Engineering services required to complete the Meeting House Branch Drainage
Improvement Project design (Sole Vendor)
TIMETABLE: Notice to proceed will be given within (30) days of Council approval.
RELATED PROJECT: n/a
REFERENCE: n/a
EXPENDITURE REQUIRED: $250,000.00
AMOUNT BUDGETED: $837,200.00
FUNDING SOURCE (Dept./Page in CIP & Budget): Meeting House Branch Improvements -
$837,200.00, Project No. ST2003-CNST
Account No.: 101-12-18-35-000-54030 (FY22
Carry Forward). Move 250,000.00 to Project
No. ST2003-ENG.
STAFF RECOMMENDATION:
To use AECOM (Sole Vendor) for engineering services required to complete the Meeting House Branch
Drainage Improvement Project design.
BACKGROUND AND ANALYSIS:
The scope of the project will complete the design for stormwater infrastructure upgrades. Design will
include the Bayhealth Hospital parking lot, State Street, and the City of Dover owned property referred
to as PWII, adjacent to the Saint Jones River. The project scope increases stormwater capacity, while
restoring a section of what was once an open stream known as Meeting House Branch. The open stream
will flow from State Street to the Saint Jones River, intersecting PWII.
This project originally started in 2014 under the URS Corporation. URS was later bought by AECOM
which took over the project/design in 2017. The project was never completed due to budget constraints
and other limiting factors. The Department of Public Works is requesting the approval to move forward
with AECOM as a sole vendor for the following reasons:
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Item 5.
Project is large and complex, and AECOM already has firsthand, working knowledge, of
the project.
AECOM has all electronic files, engineering designs, and data associated with project.
State of Delaware permitting agencies have already approved aspects of the project under
previous AECOM submissions.
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302.781.5900 tel
Item 5.
Sabre Building, Suite 300
4051 Ogletown Road 302.781.5901 fax
Newark, DE 19713
May 6, 2022
Mr. Joshua Barth
Department of Public Works
City of Dover
P.O. Box 475
Dover, DE 19903
Re: Meeting House Branch Drainage Improvement Project
Dear Mr. Barth:
AECOM is pleased to submit our proposal to the Dover Department of Public Works for professional
engineering services related to the design of drainage improvements for the Meeting House Branch.
A. BACKGROUND
In 2014, the City of Dover proposed a watershed improvement project that would directly affect the
St. Jones River Watershed. The existing stormwater system located in downtown Dover, known as
the Meeting House Branch storm sewer, was undersized and negatively impacts the surface water
quality of the St. Jones River. AECOM (formerly URS) was contracted by the City to provide
preliminary investigations, engineering design, permitting, and preparation of bidding documents.
The proposed work associated with the design included the demolition of the existing Public Works
Yard (the PWII Site) located along the St. Jones River, construction of a wetland to partially treat
stormwater runoff, and improvements to the drainage system extending westerly from the PWII Site
through the “Tar Ditch” area and into the Bay Health Hospital, and modifications to the existing Well
House 9. In 2016, AECOM completed 90% design including a Hydrologic and Hydraulic (H&H)
evaluation, construction plans and specifications and started the permitting process. However, due
to the concerns with contaminated soil identified within the PWII site, potential impact to the
County’s existing force main related to construction of the proposed constructed wetland, and
available funding, the project was put on hold.
In July 2021, the City reached out to AECOM regarding finalizing the design. It also provided an
update on the Voluntary Cleanup Program at the Site. Dover plans to implement the proposed
Meeting House Branch drainage system improvements involving Bay Health storm sewer capacity
upgrade, box culvert under State Street, and construction of an open channel to St. Jones River. But
it has concerns regarding the wetland construction, such as protection of the existing force main,
remediation of the contaminated site, etc. On July 20, 2021, a meeting was held among AECOM,
City of Dover, Kent County, EA Engineering, Compliance Environmental and Delaware Department
of Natural Resources and Environmental Control (DNREC) to discuss the concerns with the present
wetland site design. After the meeting, per the City’s request, AECOM submitted a proposal on
September 27, 2021, to refine projected costs for three proposed scenarios: originally designed
wetland, altered smaller wetland and grass meadow with open channel.
On April 1, 2022, Dover informed AECOM that the City has chosen to pursue Scenario 3, grass
meadow with open channel without estimates specified in the September 2021 proposal. Dover
requested a detailed proposal for finalizing the design for the selected alternative.
B. PROJECT SCOPE
The project scope includes design, permitting, and bidding phase services to update the prior
design in accordance with the new project directives.
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C. SERVICES TO BE PROVIDED
Based on the above project scope, the specific tasks to be performed are as follows:
Task 1: Project Management and Pre-design Investigation
The pre-design investigations including necessary survey, geotechnical investigations, wetland
delineation were conducted in 2016 for the previous design. Changes to the site conditions may
have occurred since then. AECOM will provide supplemental investigations to evaluate existing
conditions within the project site. Included within this task are the following elements:
1. Project Management throughout the design and bidding phase including coordination with the
City of Dover, tracking of budget, deliverables, quality control and schedule.
2. Perform initial site visit and kick-off meeting with Dover to confirm field information.
3. Provide survey services. The survey team will review the previous survey plan and conduct
additional field survey. We have budgeted three field days to include:
a. Submit a One-call request for South State Street within the project vicinity to field
survey the existing utility information.
b. Conduct field survey to incorporate the two city projects completed since last design
and within the project vicinity. General field checks throughout remaining project area
and field survey resulting from this.
c. Locate the flags from an updated wetland delineation and show on the base map.
d. Update the previous survey plan to reflect the current site conditions.
4. Perform sub-surface utility investigation (SUI). AECOM will obtain the services of a
subcontractor, Level A Underground Solutions, to provide private utility locating services. The
focus of this investigation is the existing Kent County 30” force main within the PWII site, which
was not included in the previous scope of work. Level A will use geophysical methods including
Electromagnetic scanning and Ground Penetrating Radar to locate the pipe horizontally (Quality
Level B). In addition, Quality Level A data including the location, pipe size and depths below
grade surface will be provided using vacuum excavation to excavation test holes on
underground utilities. Test hole locations will be located by the AECOM survey team and shown
on the base map.
5. Review previous geotechnical report. Provide calculations per DelDOT/AASHTO standards to
address previous DelDOT review comments. We don’t foresee any changes in the allowable
bearing pressures or other geotechnical aspects that would affect the structural design. No
additional test pits will be required.
6. Conduct wetland delineation. A wetland delineation for the Project completed in 2014. Due to
the amount of time that has passed, AECOM will delineate the wetland in accordance with the
1987 U.S. Army Corp of Engineers (USACE) Wetland Delineation Manual, Regional Supplements,
and applicable guidance, and update the Wetland Delineation Memorandum. The work will be
limited to the previously delineated area within the Project Study Area. AECOM will navigate to
the delineated wetland and water boundary points using a Trimble Geo XH 6000 series GPS unit
to assess the boundary. If the boundary has changed, AECOM will re-delineate the boundary,
and survey the new points with a Trimble Geo XH 6000 series GPS unit, or equivalent, with sub-
foot accuracy potential. Verified and new boundary points will be re-flagged. Wetland
determination data forms that were previously completed will also be confirmed in the field. Any
changes in wetland conditions will be noted, and new photographs will be taken at each location.
A Revised Wetland Memorandum with updated mapping, data forms, and photographs will be
provided.
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Task 2: Design
1. Coordinate with Compliance Environmental and EA Engineering on site contamination and
determine the alignment of the open channel through the PWII site into the St. Jones River.
Compliance Environmental / EA Engineering will provide delineations of horizontal and vertical
extent of contamination and preferred areas for construction of the channel.
2. Review and revise the hydrological and hydraulic (H&H) model to incorporate the selected open
channel alternative. AECOM will check the assumptions in compliance with the current design
standards related to storm event intensity and duration for the 10-yr design storm event. The
H&H model was previously developed for the drainage area only within the project limits.
Conditions upstream of the Bay Health Hospital were input from the 2009 detailed H&H
evaluation conducted by Becker Morgan. For this proposal, AECOM assumes the same
approach and no changes to upstream conditions. Our present scope does not include
enlargement or changes to the prior alignment of the 2016 box culvert and associated
structures design.
3. Coordinate with Kent County to determine standards to protect the existing 30” force main that
will be crossed by the proposed channel and maintain access to the pipe for maintenance
throughout the PWII site.
4. Update the design report, design drawings and technical specifications related to the selected
alternative and findings from Task 1 above. Finalize construction plans for the entire drainage
improvement project.
a. The previous structural design of the proposed culvert underneath State Street will be
reviewed and updated in conformance with the latest edition of DelDOT’s Bridge Design
Manual and ASTM C1577 standard culvert designs. AECOM does not anticipate
significant changes to the previously submitted structural design and details for the
culvert section or to the headwall and outflow structure. AECOM will submit these
documents to DelDOT for review and comment. Each submission will be accompanied
by DelDOT’s applicable Plan Submission Checklist(s). As indicated by the checklist,
AECOM will submit design reports (i.e. Special Provisions, Structural Calculations,
Quality Calculations, etc.) with the appropriate project submissions.
b. Revise demolition plan to show existing building foundations and concrete retaining
rings to remain in place to limit excavation within contaminated soils.
c. Design an open channel with a surrounding grass meadow through the PWII site
including plan, profile, and details sheets. Dover will provide the preferred meadow
grass seed mix.
d. Indicate protections to existing Well House 9 and permanent access to the well house.
e. Remove proposed improvements to the Well House 9 building from the Construction
Drawings.
5. Finalize contract documents. The contract forms will follow the Engineers Joint Contract
Documents Committee (EJCDC) format with supplementary conditions as required by funding
agency. Up to six copies will be provided.
6. Prepare an updated opinion of probable construction cost at final design. The following items
will be incorporated:
a. Include contingency for Kent County force main in case pipe becomes compromised.
b. Include cost for engineering support and Resident Project Representative (RPR) service.
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Item 5.
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c. Remove the original cost of well house upgrades. Add costs to protect the well house
and provide permanent access to the well house.
b. Exclude PWII site remediation cost, which will be prepared by EA Engineering and
Compliance Environmental under a separate contract.
7. AECOM has budgeted three deliverables to the City for review: 50%, 90%, and Final.
8. AECOM has budgeted one in-person meeting and one virtual meeting with the City during the
design phase.
9. Evaluate up to three options to provide access to the South Side of the open channel with a
conceptual cost comparison. AECOM will work with the City to select the possible crossing
locations. A separate proposal will be submitted by AECOM to then provide design services and
incorporate the channel crossing based on the selected alternative as the engineering will vary
depending on the selected option.
a. Option 1: land crossing with culvert
b. Option 2: bridge designed for vehicle use
c. Option 3: access from S. State St., no bridge required
10. One additional site visit is included during the design phase to support completion of the design.
Task 3: Permitting
1. Sediment and Stormwater Management Plan (SSMP) approval from Kent Conservation District
(KCD) will be required. AECOM expects more than 1 acre of soil disturbance associated with the
proposed improvements. Therefore, a detailed SSMP plan will be required for the project.
AECOM will schedule a preapplication meeting with KCD. A SSMP package including application
forms, design narrative, hydraulic calculations and design drawings will be submitted to KCD for
review. The proposal includes efforts to address one round of review comments.
2. Notice of Intent (NOI) for Storm Water Discharges Associated with Construction Activity under a
NPDES General Permit. The NOI must be submitted to DNREC prior to approval of the SSMP by
KCD. AECOM will provide basic info for the online application. An application fee (provided by
the City) shall be submitted with the completed NOI.
3. DelDOT Safety Permit. AECOM will contact the regional DelDOT office and prepare permit
application package. AECOM will follow up with DelDOT after submittal and provide additional
information.
4. AECOM will prepare the supporting documentation and submit applications for the following
permits:
USACE Section 404 - Clean Water Act and Section 10 - Rivers & Harbors Act Pre-
Construction Notification (PCN) for Nationwide Permit # 43 – Stormwater
Management Facilities and Nationwide Permit # 7 – Outfall Structures and
Associated Intake Structures – For disturbances to non-tidal wetlands (unmapped
non-tidal wetlands are not regulated by the State of Delaware) and work below Mean
High Water (MHW) of the St. Jones River.
DNREC Subaqueous Lands Permit/Letter of Authorization (Appendix F – Outfall
Structures and Associated Intake Structures and Appendix P – Stormwater
Management) – For activities in subaqueous lands (lands lying at or below two feet above
local mean high water which support or are capable of supporting certain plant species
that are listed in the law and regulations).
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AECOM will prepare Draft and Final permit applications incorporating one round of client
review/comments. Upon completion of 50% design, AECOM will start conversations with USACE
and DNREC. Draft applications will be submitted to the City for review within 2 weeks of target
submittal date. AECOM will follow up with agencies after submittal and provide additional
information. We anticipate at least 3 months for agency to complete the review.
5. The City of Dover has jurisdiction over floodplain development in the City. We anticipate
coordination with the City regarding the impacts to the floodplain, but previously in discussions
with the City’s Flood Plain Coordinator, are not sure of the final needs until the design is
complete. Once a path forward is finalized, we will provide the City with an additional services
request for any needed services. We have budgeted 10 hours for this coordination.
Task 4: Bidding
1. Prepare for and lead a pre-bid meeting.
2. Provide documents to prospective bidders (plan holders) and respond to plan holder’s
questions regarding the Contract Documents.
3. Draft and issue up to two (2) addenda.
4. Review the bids and make a recommendation to the City regarding the award of the bid.
5. Issue conformed documents for construction.
D. SERVICES NOT PROVIDED
The following tasks are not included in the budget for this proposal. AECOM routinely provides or
coordinates the following additional services for this type of project and welcomes the opportunity
to further assist the City upon request:
1. Property easement support or preparation of easement descriptions.
2. Permit application fees.
3. CCTV of the existing storm sewer.
4. Planning or design of a future Park located at the PWII site upon completion of the project and
remediation of the site.
5. Design for the relocation of existing utilities such as power, communications, sanitary, gas, etc.
to facilitate the project.
6. Changes in project purpose and / or design which would result in the need for DNREC /
Nationwide Permits not specified.
7. Threatened or endangered species involvement.
8. Historic / archaeological resource involvement.
9. Design of any wetland mitigation offsets that may be required during the permitting effort.
10. Construction administration or review services.
11. Any other services not specifically mentioned as included in previous sections.
E. ASSUMPTIONS
AECOM has made the following assumptions when developing the budget for this proposal. Should
any of these assumptions prove inaccurate, AECOM will provide additional needed services at an
additional cost upon request by the City.
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1. Access to the project area will not be restricted.
2. Formal Jurisdictional Determination for wetlands is not included.
3. AECOM assumes that regulatory agencies will conduct field reviews of the wetland limits prior
to issuing permits. This proposal does not include time for accompanying regulatory reviewers
during these field reviews as it has been our experience that this is not often necessary for
projects of this type and scale.
4. An in-person Joint Permit Process Meeting (JPPM) with USACE/DNREC is not anticipated for
this project however 2 hours has been included for teleconference meetings with USACE and
DNREC.
5. The City will provide any existing hazardous material surveys for the existing Public Works
buildings.
6. The City will be responsible for all local municipal site plan permits, if required.
7. This project does not include upgrades for Well House 9.
8. The present design will not be altered along the corridor through Bay Health property and at the
State Street Crossing.
9. This project does not include relocation of the County force main. The pipe will remain in place
and need to be protected during construction.
10. This proposal does not include the development of remediation plans, which will be prepared by
EA Engineering and Compliance Environmental under a separate contract.
11. We do not anticipate a “net fill” within the flood plain as part of the proposed improvements at
the PWII site. As such, we do not anticipate the need for hydraulic modeling of the St. Jones
River to demonstrate any changes in floodplain / floodway elevations resulting from the
proposed improvements.
12. Detailed design of access to the South Side of the proposed channel is not included. After the
City decides the access option, AECOM will submit a change order to provide design service.
13. City of Dover will provide front end documents and will advertise the project.
14. The City’s electrical department will relocate existing power lines as necessary to facilitate
construction.
15. The design basis for improvements to the storm sewer will be the 10-year, 24-hour storm event;
however, the 100-year event will be analyzed. The purpose of the project is to improve the
capacity of Meeting House Branch lower section, from the Bay Health Hospital through the PWII
site. Elimination of any existing flooding conditions along the remainder of the Meeting House
Branch storm sewer or improvements to inlet capacities associated with the drainage system is
not part of the project scope.
16. The City will manage any property easement efforts that may be required within the project limit.
17. Contractor will obtain any Building and Demolition Permits directly from the City.
18. A boundary survey is not necessary.
19. No additional coordination except specifically mentioned as included in previous sections.
20. Additional site visits and owner requested meetings, beyond those noted as included in Section
C, will be billed on an hourly rate basis as additional services.
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Item 5.
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F. PROJECT MANAGEMENT
The Principal-in-Charge of this project shall be Chris Curran, PE. Karen Du, PE will serve as Project
Manager and will be responsible for the day-to-day activities of AECOM.
G. SCHEDULE
We will begin our services immediately upon receipt of written authorization to proceed and
anticipate design will be completed within about eight months. Since 2020, due to Covid restriction,
agency review time has been difficult to predict. In the attached preliminary schedule, we assume a
six-month permitting time.
H. ESTIMATED FEES
The estimated budget for our services noted above is on a time and material basis with a not to
exceed limit of $250,000. This fee will not be exceeded without written authorization from the
Department of Public Works. This proposal is subject to the conditions stated in AECOM Technical
Services Inc. Standard Engineering Services Agreement.
The scope and pricing provided herein are valid for six months from date of submittal.
We look forward to continuing our service to the City of Dover. If you have any questions or need additional
information, please do not hesitate to call us. Thank you for the opportunity to be of continued service to the
City.
Sincerely,
AECOM Technical Services, Inc.
Christopher T. Curran, PE
Vice President
Attachments:
- Preliminary schedule
- AECOM Technical Services Inc. Standard Engineering Services Agreement
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Item 5.
Dover Meeting House Branch Drainage Improvments Preliminary Schedule
Date: 05-05-2022
2022 2023
Activity Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Pre-design Investigation (1)
50% Design, Issue For Permit Package
(2)
City Review 50% Design
Permitting (3)
90% Design
City Review 90% Design
100% Design, Issue For Bid Package
City Review Bid Package
Public Bidding
1. Assume NTP issued on 7/1/2022.
2. Assume 2-wk review by the City
3. Assume 4 months for USACE review.
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Item 5.
AECOM Project Number _______________
AECOM Project Name _______________
DESIGN ENGINEERING SERVICES AGREEMENT
This Design Engineering Services Agreement (“Agreement”) effective this 6th of May, 2022_, is by and
between City of Dover_, a Delaware, (“Client”), and AECOM Technical Services, Inc., a California
corporation, (“AECOM”); each also referred to individually as (“Party”) and collectively as (“Parties”).
In consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
1. SCOPE OF SERVICES
1.1 AECOM shall perform the services set forth in EXHIBIT A (“Services”), incorporated herein by
reference.
1.2 AECOM will provide the work products specifically commissioned by Client for delivery by AECOM to
Client and listed in EXHIBIT A (“Deliverables”) in accordance with the schedule (“Project Schedule”).
2. TERM OF AGREEMENT Upon execution by the Parties, this Agreement shall have the effective date
set forth above. This Agreement shall remain in force until all obligations related to the Services, other than
those obligations which survive termination of this Agreement under Article 27, have been fulfilled, unless this
Agreement is sooner terminated as set forth herein.
3. COMPENSATION AND PAYMENT AECOM shall be paid for the performance of the Services in
accordance with EXHIBIT B (“Compensation and Payment”), incorporated herein by reference.
4. NOTICE All notices, requests, claims, demands and other official communications herein shall be in
writing. Such notices shall be given (i) by delivery in person, (ii) by a nationally recognized commercial courier
service; or (iii) by United States Postal Service, registered mail, postage prepaid and return receipt requested.
Notices shall be effective upon actual delivery to the other Party at the following addresses:
TO CLIENT:
Department of Public Works
City of Dover
P.O. Box 475
Dover, DE 19903
Attn: Joshua Barth
TO AECOM:
4051 Ogletown Road, Suite 300
Newark, Delaware 19713
Attn: Christopher T. Curran, P.E.
Claims-related notices shall be copied to:
AMER-DCSProjectClaimNotices@aecom.com
or to which address the receiving Party may from time to time give notice to the other Party. Rejection or other
refusal to accept, or the inability to deliver because of changed address for which no notice was given, shall
be deemed to be receipt of the notice as of the date of such rejection, refusal to accept, or inability to deliver.
Claims-related notices need to include the AECOM project name and number found in this Agreement as well
as contact information of the person submitting the notice.
5. AECOM’S RESPONSIBILITIES
U.S. Design Engineering Services Agreement (October 8, 2018)
Rev. May 11, 2020 35
Page 1 of 15
Paj 38
Client’s Name Item 5.
Date
5.1 AECOM shall perform the Services in accordance with the degree of professional skill, quality and
care ordinarily exercised by members of the same profession currently practicing in the same locality under
comparable circumstances and as expeditiously as is consistent with professional skill and the orderly
progress of the Project. The full extent of AECOM's responsibility with respect to the Services shall be to
perform in accordance with the above standards and to remedy any material deficiencies or defects in the
Deliverables at AECOM’s own expense, provided that AECOM is notified by Client, in writing, of any such
deficiency or defect within a reasonable period after discovery thereof, but in no event later than 90 days after
AECOM's completion or termination of the Services. AECOM MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT OR OTHERWISE.
5.2 AECOM will endeavor in good faith, as needed, to obtain from the appropriate authorities their
interpretation of applicable codes and standards and will apply its professional judgment in interpreting the
codes and standards as they apply to the Project at the time of performance of the Services. Notwithstanding
the above, the Parties agree that, as the Project progresses, such codes or standards may change or the
applicability of such codes or standards may vary from AECOM’s original interpretation through no fault of
AECOM and that additional costs necessary to conform to such changes or interpretations during or after
execution of the Services will be subject to an equitable adjustment in the Compensation and Project Schedule.
5.3 AECOM shall be responsible for its performance and that of AECOM’s lower-tier subcontractors and
vendors. However, AECOM shall not be responsible for health or safety programs or precautions related to
Client's activities or operations or those of Client's other contractors and consultants or their respective
subcontractors and vendors (“Contractors”). AECOM shall have no responsibility for (i) construction means,
methods, techniques, sequences or procedures; (ii) the direction of Contractors’ personnel; (iii) selection of
construction equipment; (iv) coordination of Contractors’ work; (v) placing into operation any plant or
equipment; or (vi) Contractors’ failure to perform the work in accordance with any applicable construction
contract. AECOM shall not be responsible for inspecting, observing, reporting or correcting health or safety
conditions or deficiencies of Client, Contractors or others at the project site (“Project Site”) other than AECOM’s
employees, subconsultants and vendors. So as not to discourage AECOM from voluntarily addressing health
or safety issues while at the Project Site, in the event AECOM does identify such issues by making
observations, reports, suggestions or otherwise, AECOM shall have no authority to direct the actions of others
not under AECOM’s responsibility and control and shall have no liability, responsibility, or affirmative duty
arising on account of AECOM’s actions or forbearance.
5.4 Notwithstanding anything contained in this Agreement, AECOM shall have no responsibility for the
discovery, presence, handling, removal, transportation, storage or disposal of, or exposure of persons to
hazardous materials in any form related to the Project. AECOM shall not be responsible for Client's pre-existing
site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence
or willful misconduct of AECOM.
5.5 In the event that the Services include construction observation or similar field services, AECOM’s
responsibility shall be limited to determining general conformance with AECOM’s design. Visits by AECOM to
the Project Site and observations made by AECOM shall not relieve the Contractors of ther obligation to
conduct comprehensive inspections of the construction work sufficient to ensure conformance with the intent
of the construction contract documents, and shall not relieve the Contractors of their responsibility for means,
methods, techniques, sequences and procedures necessary for coordinating and completing all portions of
the construction work and for all safety precautions incidental thereto.
5.6 Any opinions of probable construction costs provided by AECOM represent AECOM's good faith
professional judgment in light of its experience, knowledge and the information reasonably available to AECOM
at the time of preparation of the opinion. However, since AECOM has no control over the market, economic
conditions or the bidding procedures, AECOM, its directors, officers and employees and subconsultants do not
make any guarantees or warranties whatsoever, whether express or implied, with respect to such opinions and
accept no responsibility for any loss or damage arising therefrom or in any way related thereto. Any reliance
upon such opinions, whether by Client or third parties, do so at the relying party’s own sole risk.
6. CLIENT’S RESPONSIBILITIES
U.S. Design Engineering Services Agreement (October 8, 2018)
Rev. May 11, 2020 36
Page 2 of 15
Paj 39
Client’s Name Item 5.
Date
6.1 Client shall provide in writing any specific Client requirements or criteria for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations.
6.2 Client shall furnish all information and technical data in Client's possession or under its control
reasonably required for AECOM’s proper performance of the Services prior to AECOM’s commencement of
the Services or at such other times as Client and AECOM mutually agree. AECOM is entitled and will rely
upon the accuracy, completeness, currency and non-infringement of information and data provided by Client
or obtained from generally accepted sources within the industry, except to the extent such verification by
AECOM may be expressly required as a defined part of the Services. AECOM will not be responsible for
defects in its Services attributable to its reliance upon or use of such information and data.
6.3 Client shall arrange for access and make all provisions necessary for AECOM to enter upon public
and/or private property as required for AECOM to properly perform the Services. Client shall disclose to
AECOM any known or suspected hazards at the Project Site which may pose a threat to human health,
property or the environment.
6.4 If any document or inquiry requires Client to approve, comment, or to provide any decision or direction
with regard to the Services, such approval, comment, decision or direction shall be provided within a
reasonable time within the context of the Project Schedule, or if not identified in the Project Schedule, within a
reasonable time to facilitate the timely performance of the Services.
7. INDEPENDENT CONTRACTOR Nothing contained in this Agreement shall be construed to create a
partnership, joint venture, or create a relationship of employer/employee or principal/agent between Client or
Client’s Contractors and AECOM.
8. CONFIDENTIALITY
8.1 AECOM shall treat as confidential information and data delivered to it by Client or developed in the
performance of the Services that are specified in writing by Client to be confidential (“Confidential Information”).
Confidential Information shall not be disclosed to third parties by AECOM without the consent of Client, except
to the extent reasonably believed necessary by AECOM for its performance of the Services, for a period of 5
years following completion or termination of this Agreement.
8.2 Notwithstanding the above, these restrictions shall not apply to Confidential Information which (i) is
already known to AECOM at the time of its disclosure; (ii) becomes publicly known through no wrongful act or
omission of AECOM; (iii) is communicated to a third party with the express written consent of Client and not
subject to restrictions on further use or disclosure; (iv) is independently developed by AECOM; or, (v) to the
extent such Confidential Information is required by Law to be disclosed; provided that the information required
for disclosure shall remain Confidential Inforamtion as to all other persons or entities pursuant to the terms of
this Agreement, and provided further that AECOM shall promptly provide Client with written notice of such
requirement.
8.3 Upon termination of this Agreement or upon Client’s written request, AECOM shall return the
Confidential Information to Client or destroy the Confidential Information in AECOM’s possession or control.
Notwithstanding the above, AECOM shall not be required to destroy Confidential Information held
electronically in archive or back-up systems in accordance with general systems archiving or backup policies
or required for preservation by law, regulation, audit, data retention or corporate archival purposes or per
regulatory, judicial or governmental order. All such retained Confidential Information shall be kept confidential
by AECOM subject to and in accordance with the terms of this Agreement.
9. DATA RIGHTS
9.1 All right, title and interest in and to any Deliverables, and excluding any AECOM Intellectual Property,
shall be assigned by AECOM to Client upon full payment for the Deliverables. Client acknowledges and agrees
that AECOM is the author of, and retains all rights, title and interest in all other intellectual property, including
work papers, templates, details, designs, drawings, plans, renderings, analyses, calculations, models,
U.S. Design Engineering Services Agreement (October 8, 2018)
Rev. May 11, 2020 37
Page 3 of 15
Paj 40
Client’s Name Item 5.
Date
software, macros, applications, specifications, processes, procedures, interim or draft documents,
methodologies, know-how, and any other instruments of service: (a) belonging to AECOM or its consultants
prior to the effective date of this Agreement; (b) developed by AECOM or its consultants outside the scope of,
or not exclusively pursuant to, this Agreement; (c) licensed by AECOM or its consultants from a third-party;
and (d) included within the Deliverables but which are generic, generally applicable to or standard in AECOM’s
business (collectively, “AECOM Intellectual Property”). To the extent the Deliverables contain, or Client’s
receipt of the Services require the use of AECOM Intellectual Property, to the extent of AECOM’s ownership
and control thereof, AECOM hereby grants to Client, upon full payment for the Deliverables and Services, a
limited, non-exclusive, non-assignable, royalty-free license to use and sublicense said AECOM Intellectual
Property solely and to the extent necessary to achieve the purposes stated in EXHIBIT A.
9.2 Nothing in this Agreement shall be construed to prohibit AECOM or its consultants from using for other
purposes, clients or projects the skills, knowledge and experience gained by AECOM or its consultants in the
performance of the Services and provision of the Deliverables pursuant to this Agreement, provided that
AECOM and its consultants do not use Client’s Confidential Information.
9.3 AECOM, in developing solutions, testing hypotheses, or documenting designs, may employ advanced
technologies for simulation, information modeling, generative design, and the development of project
documentation (“Technical Tools”). While these Technical Tools may result in digital files and/or simulations
or models (“Datasets”), when not specifically defined within this Agreement, these Datasets will not constitute
a Deliverable or portion thereof. Rather, the Technical Tools and Datasets will be a byproduct of AECOM’s
internal processes and will be AECOM's sole proprietary information. Notwithstanding anything to the contrary
in this Agreement, any ownership and data rights provisions will not apply to such Technical Tools and
Datasets and AECOM will remain the sole owner of such Technical Tools and Datasets.
9.4 Client understands and accepts that the Services and Deliverables provided by AECOM pursuant to
this Agreement are intended by AECOM for the sole use by Client for the specific purpose stated in EXHIBIT
A. Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless AECOM and
its consultants and their directors, officers, employees, agents, representatives, affiliated and parent
companies, (“AECOM Indemnities”) against any and all claims, suits, causes of action, damages, losses,
costs, expenses and liabilities (including the aggregate amount paid in reasonable settlement of any actions,
suits, proceedings or claims), including reasonable attorneys’ fees and costs of defense, to which AECOM or
any of the AECOM Indemnities may become subject as a consequence of any use or modification of, reliance
upon, or transmission to a third party of, said Services, Deliverables, AECOM Intellectual Property, by Client
outside the scope of this Agreement without the express, written permission by AECOM.
10. RECORD DRAWINGS Client shall direct the Contractors to provide AECOM with updated red-line
documentation which accurately and completely reflects any changes between the original design and the final
construction. Record drawings to be delivered by AECOM to Client as a part of the Services (“Record
Drawings”) reflect the design provided by AECOM as modified by such updated information. Consistently with
AECOM’s defined Services, AECOM shall not have an obligation to independently validate such information
related to the actual construction. AECOM makes no warranty or guarantee with regard to the accuracy or
completeness of the information provided by the Contractors and third parties and shall bear no responsibility
for any errors or omissions arising from or related to any defects or deficiencies in such information.
11. ELECTRONIC FILES
11.1 Electronic files to be delivered under this Agreement, if any, contain information to be used for the
production of contract documents for the Project and are provided solely as an accommodation to Client. The
official Contract Documents of Record (“Contract Documents”) are those documents produced by AECOM
which bear seals and/or signatures. Unless otherwise expressly set forth in the Services, no electronic files
delivered under this Agreement are Contract Documents.
11.2 The electronic files, if any, were created to supplement the official Contract Documents. Due to the
possibility that files of this nature can be modified, either unintentionally or otherwise; or that the information
contained in these files can be used in a manner for which they were not originally intended; or that electronic
data may be corrupted by electronic transmission, AECOM makes no representation that the files, after
U.S. Design Engineering Services Agreement (October 8, 2018)
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delivery, will remain an accurate representation of the source data in AECOM's possession, or are suitable for
any other purpose or use.
11.3 All indications of AECOM’s and AECOM’s subconsultants’ involvement, including but not limited to
seals and signatures, shall be removed from each electronic display and shall not be included in any prints
produced therefrom.
11.4 Client understands and agrees that the right to use the electronic files, if such are provided under this
Agreement, is specifically limited to the Project and the purpose defined by AECOM and is conditioned upon
proper payment for such use.
11.5 If a third-party license is required to access or use electronic files, Client acknowledges its
responsibility at its own expense to obtain all applicable hardware and software needed to legally access the
electronic files. AECOM shall have no liability for third parties’ use of or reliance on such files.
12. CERTIFICATION
12.1 For purposes of this Agreement, “certification” means to state or declare a professional opinion based
on the standard of performance set forth in Section 5.1 above.
12.2 AECOM shall not be required to execute certificates that would (i) result in AECOM having to certify,
guarantee or warrant the existence of conditions whose existence AECOM cannot reasonably ascertain under
the existing Services; (ii) require knowledge, services or responsibilities beyond the Services; or (iii) may, in
AECOM’s reasonable judgment, require AECOM to make a certification that would not normally be covered
by AECOM’s professional or other liability insurance. In addition, Client agrees not to make resolution of any
dispute with AECOM or payment of any amount due to AECOM in any way contingent upon AECOM executing
such certificates.
12.3 A professional's certification in no way relieves other parties from meeting their respective
requirements imposed by contract or other means, including commonly accepted industry standards and
practices. If required as a part of its Services, AECOM will provide a written report stating whether, in AECOM’s
professional opinion and based on periodic site visits, the construction work complies generally with the
Contract Documents.
13. CHANGED SITE CONDITIONS The discovery of hazardous materials, hazardous wastes, pollutants,
contaminants or concealed obstructions or utilities that could not reasonably have been anticipated from
information provided to and reasonably apparent to AECOM constitutes a changed site condition. To the
extent that such changed site condition increases the health and safety risks associated with the Services or
requires AECOM to perform services different or in excess compared to those set forth in the Services,
AECOM may, at its sole discretion, elect to suspend and/or terminate the related Services and shall be paid
for the related Services up through the date of such termination. To the extent that the changed site conditions
impact the cost, level of effort or schedule of the Services, equitable adjustments shall be made to the Services,
schedule and fee under this Agreement.
14. MATERIALS AND SAMPLES Any items, substances, materials or samples removed from the Project
Site for testing, analysis, or other evaluation will be returned to the Project Site unless otherwise agreed to by
the Parties in writing. Client recognizes and agrees that AECOM is acting as a bailee and at no time assumes
title to said items, substances, materials or samples.
15. COMPLIANCE The Parties shall comply with applicable treaties, compacts, statutes, ordinances,
codes, regulations, consent decrees, orders, judgments, rules, and other requirements of governmental or
judicial entities that have jurisdiction over the Services (“Law”).
16. FORCE MAJEURE Neither Party shall be responsible for a delay or disruption in, or inability to
provide its respective performance under this Agreement, other than a delay in payment for Services already
performed, if such delay is caused by events or contingencies, existing or future, beyond the reasonable
control of the claiming Party, including “acts of God,” abnormal weather conditions or other natural
catastrophes, war (whether declared or not), terrorism, sabotage, computer viruses, civil unrest, strikes,
U.S. Design Engineering Services Agreement (October 8, 2018)
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lockouts or other industrial disturbances, pandemics, epidemics, health emergencies, virus (e.g., SARS Cov-
2), disease (e.g. COVID-19), plague, changes in law or regulations, quarantine, travel restrictions, discovery
of hazardous materials, differing or unforeseeable site conditions, acts of governmental agencies or
authorities (whether or not such acts are made in response to other Force Majeure Events), or any other
events or circumstances not within the reasonable control of the party affected, whether or not of a similar
kind or nature to any of the foregoing (a “Force Majeure Event”). The Party seeking application of this
provision shall notify the other Party in writing promptly upon learning of the impact of the Force Majeure
Event upon the notifying Party’s performance of its obligations under this Agreement. Upon the occurrence
of a Force Majeure Event, AECOM shall be entitled to an equitable adjustment to the project schedule and
compensation sufficient to compensate AECOM for any increase in the time or costs necessary to perform
the Services under this Agreement. Should a Force Majeure Event substantially prevent or be reasonably
likely to substantially prevent AECOM’s performance of the Services for more than thirty (30) days, then
AECOM shall be entitled to terminate this Agreement without breach. In case of such termination, AECOM
shall be entitled to compensation for those Services performed as of the date of termination.
17. INSURANCE
17.1 AECOM will maintain the following insurance coverages and amounts:
17.1.1 Workers Compensation insurance as required by Law;
17.1.2 Employer’s Liability insurance with coverage of $1,000,000 each accident/employee.
17.1.3 Commercial General Liability insurance with coverage of $2,000,000 per
occurrence/aggregate;
17.1.4 Automobile Liability insurance with coverage of $1,000,000 combined single limit; and
17.1.5 Professional Liability insurance with coverage of $2,000,000 per claim/aggregate.
18. INDEMNITY
18.1 AECOM agrees to indemnify Client, its officers, directors and employees, from third party claims of
loss or damage, exclusive of defense obligations, for bodily injury or property damage (“Claims”), to the
proportional extent caused by AECOM’s negligence or willful misconduct.
18.2 If Services include AECOM’s performance during the construction phase of the Project, Client shall
require Client’s Contractors working on the Project Site to include AECOM, its directors, officers and
employees in any indemnity and in any insurance benefits that Client requires such Contractors to provide
to Client.
19. CONSEQUENTIAL DAMAGES WAIVER NOTWITHSTANDING ANY OTHER PROVISION TO
THE CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL EITHER PARTY, ITS PARENTS, AFFILIATES AND SUBSIDIARIES OR THEIR
RESPECTIVE DIRECTORS OFFICERS OR EMPLOYEES BE LIABLE TO THE OTHER FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE OR
INTERRUPTION OF BUSINESS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND AECOM HEREBY RELEASES CLIENT AND
CLIENT HEREBY RELEASES AECOM FROM ANY SUCH LIABILITY.
20. RISK ALLOCATION AND RESTRICTION OF REMEDIES THE PARTIES HAVE EVALUATED THE
RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE
RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. NOTWITHSTANDING ANY
OTHER PROVISION TO THE CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT
PERMITTED BY LAW, CLIENT AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT
AGAINST AECOM, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE
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DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, (“AECOM COVERED PARTIES”), SO
THAT THE TOTAL AGGREGATE LIABILITY OF THE AECOM COVERED PARTIES SHALL NOT EXCEED
$250,000 OR THE ACTUAL PAID COMPENSATION FOR THE SERVICES, WHICHEVER IS GREATER.
THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES,
COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR
RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH
LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM
PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW.
21. DISPUTES RESOLUTION
21.1 Either Party may initiate a dispute resolution by providing written notice to the other Party setting
forth the subject of the claim, dispute or controversy and the requested relief. The recipient of such notice
shall respond within 5 business days with a written statement of its position and a recommended solution to
the Claim.
21.2 If the Parties cannot resolve the dispute through negotiation, either Party may refer the claim, dispute
or controversy to a panel (“Panel”) consisting of a designated senior representative from each Party
(“Representative”), who shall have the authority to resolve it. The Representatives shall not have been
directly involved in the Services and shall negotiate in good faith. No written or verbal representation made
by either Party in the course of any Panel proceeding or other settlement negotiations shall be deemed to
be a Party’s admission. If the representatives are unable to resolve the dispute within 15 business days,
either Party may pursue its respective legal and equitable remedies.
22. GOVERNING LAW All contract issues and matters of law will be adjudicated in accordance with the
laws of the state where the Project is located, excluding any provisions or principles thereof which would
require the application of the laws of a different jurisdiction.
23. TERMINATION
23.1 This Agreement may be terminated for convenience by either Party upon 30 days advance written
notice. On termination, AECOM will be paid for all Services performed up through the termination date.
23.2 This Agreement may be terminated for cause by either Party if the other Party materially fails to
perform its obligations under this Agreement, does not commence correction of such non-performance within
10 business days of receipt of written notice and/or fails to diligently complete such correction thereafter.
The respective rights and obligations of the Parties predating such termination shall survive termination of
this Agreement.
24. ASSIGNMENT
24.1 Neither Party may assign this Agreement without the written consent of the other Party, which
unconcented-to assignment shall be void ab initio.
24.2 Notwithstanding Section 24.1 above, the Parties recognize that AECOM has affiliated companies
who have specialized expertise, necessary certifications/registrations or other capabilities that may make
use of such affiliates more suitable for the performance of all or part of the Services. AECOM shall be
entitled, without additional consent, to assign this Agreement or performance of the Services, in whole or in
part, to any of AECOM’s subsidiaries or affiliates upon written notice to Client.
25. PARTIES IN INTEREST Nothing in this Agreement, expressed or implied, is intended to confer on
any person or entity other than the Parties any right or remedy under or by reason of this Agreement. The
provisions of this Agreement shall bind and inure solely to the benefit of the Parties and their respective
successors and permitted assigns.
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26. WAIVER Either Party may in writing waive any provisions of this Agreement to the extent such
provision is for the benefit of the waiving Party. No waiver by any Party of a breach of any provision of this
Agreement shall be construed to be a waiver of any subsequent or different breach.
27. SEVERABILITY AND SURVIVAL The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if
any invalid or unenforceable provisions were omitted. Articles 4 (Notice), 5 (AECOM’s Responsibilities), 6.2
(Reliance on Data), 8 (Confidentiality), 9 (Data Rights), 10 (Record Drawings), 11 (Electronic Records), 12
(Certification), 14 (Materials and Samples), 17 (Insurance), 18 (Indemnity), 19 (Consequential Damages
Waiver), 20 (Risk Allocation), 21 (Disputes Resolution), 22 (Governing Law), 24 (Assignment), 25 (Parties
in Interest) and 27 (Severability and Survival) shall survive termination of this Agreement. To the extent any
provision of this Agreement violates any law, or is otherwise invalid or unenforceable, said provision shall be
revised to the limited extent necessary to make that provision legal and enforceable and, to the fullest extent
permitted by law, consistent with Parties’ original intent.
28. PREPARATION OF AGREEMENT Each Party has had the opportunity to avail itself of legal advice
and counsel. Neither Party shall be deemed to be the drafter or author of this Agreement. In the event this
Agreement is subject to interpretation or construction by a court of law or panel of arbitration, such court or
panel shall not construe this Agreement, or any portion hereof, against either Party as the drafter of this
Agreement.
29. SIGNATURES Each person executing this Agreement warrants that he/she has the necessary
authority to do so on behalf of the respective Party. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute a single
agreement.
30. ORDER OF PRECEDENCE
Executed Change Orders
Desgin Engineering Services Agreement Article 31 “Special Terms and Conditions”
Design Engineering Services Agreement Articles 1 through 30 and 32
EXHIBIT B Compensation and Payment
EXHIBIT A Services
Other contract documents
31. SPECIAL TERMS AND CONDITIONS .
None
32. ENTIRE AGREEMENT This Agreement contains all of the promises, representations and
understandings of the Parties and supersedes any previous understandings, commitments, proposals or
agreements, whether oral or written. This Agreement shall not be altered, changed, or amended except as
set forth in a written amendment to this Agreement, duly executed by both Parties. The attached EXHIBIT C
(“Change Order”), incorporated herein by reference, is the preferred form for such use.
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AECOM Technical Services, Inc. CLIENT: _______________
Signature Signature
Printed Name Printed Name
Printed Title Printed Title
Date Date
Address Address
____________________________________ ____________________________________
____________________________________ ____________________________________
)
(End of page)
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Client’s Name Item 5.
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EXHIBIT A
SERVICES
Services: See attached Proposal dated May 6, 2022.
Schedule: See attached Proposal dated May 6, 2022.
Deliverables: See attached Proposal dated May 6, 2022.
AECOM Project Manager
Name Chris Curran, P.E.
Title Vice President
Address 625 West Ridge Pike, Suite 100, Conshohocken, PA 19428
Phone Number 610.234.0404
Email Address chris.curran@aecom.com
Client Project Manager
Name Joshua Barth
Title Environmental Scientist
Address P.O. Box 475, Dover, DE 19903
Phone Number 302.736.7020
Email Address jbarth@dover.de.us
(End of page)
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Client’s Name Item 5.
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EXHIBIT B
COMPENSATION AND PAYMENT
1 COMPENSATION The Services set forth in EXHIBIT A will be compensated on the following basis:
[] Advance retainer of [$ N/A] The advance retainer is to be applied to the final invoice. Any remainder
will be returned to Client within 30 days of receipt of final payment.
[] Time & Material - See Section 2.1 for Hourly Labor Rates
[] Time and Materials with a Not-to-Exceed (“NTE”) amount of ($ 250,000). The Hourly Labor Rates (if
applicable) are as in Section 2.1 below. Reimbursable expenses are included in the overall NTE cap.
[] Lump Sum [$]:
Milestone/Deliverable & Date Payment Amount
$
[] Cost Plus Fixed Fee: [Cost $ N/A and Fee $ N/A]
[X ] Other: See attached Proposal dated May 6, 2022..
2. RATE SCHEDULE Compensation shall be based on the following Hourly Labor Rate Schedule: .
2.1 HOURLY LABOR RATE SCHEDULE
Senior Principal Professional $ 210.00 – 285.00
Principal Professional / Construction Manager $ 170.00 – 210.00
Project Professional $ 150.00 – 175.00
Senior Professional $ 100.00 – 150.00
Staff Professional $ 80.00 – 100.00
Staff Designer $ 75.00 – 150.00
BIM Specialist $100.00 – 170.00
Project Field Technician $ 75.00 – 125.00
Staff Field Technician $ 50.00 – 85.00
Administrative Staff $ 80.00 – 125.00
Survey Crew (2 person) $ 150.00 – 250.00
Survey Crew (3 person) $ 230.00 – 330.00
Contracted Services and Equipment Rentals 1.1 times our cost
2.2 OTHER HOURLY LABOR RATE CATAGORIES If additional labor categories are authorized during
the performance of this Agreement, compensation for each additional category will be negotiated at the time
the additional Services are authorized.
2.3 ANNUAL HOURLY LABOR RATE ADJUSTMENTS The Hourly Labor Rate Schedule is adjusted
each calendar year to reflect updated labor cost categories. Labor cost of Services authorized in subsequent
calendar years will be based on the applicable Hourly Labor Rate Schedule for those years.
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3. REIMBURSEABLE EXPENSES Reimbursable expenses are expenditures made by AECOM for
goods, travel expenses and vendor services in support of the performance of the Services. Such expenditures
will be billed at the actual cost to AECOM plus ten percent (10%) to cover related administrative costs.
4. CHANGE ORDERS The Parties may at any time and by written agreement make changes in the
Services, Project Schedule, Deliverables, Compensation or other terms and conditions in this Agreement.
The Parties shall effect such change through the use of a written Change Order. EXHIBIT C is the preferred
form for such use.
5. INVOICING AECOM will invoice Client on a monthly basis unless otherwise set forth herein.
6 PAYMENT
6.1 If payment is based on Time and Materials with a NTE, once AECOM reaches the NTE, AECOM will
stop further Services pending a Change Order to adjust the budget and schedule for the continued
performance of the Services.
6.2 Timely payment is a material term of this Agreement. Client shall pay all undisputed portions of
AECOM’s invoices within 30 days of receipt without holdback or retention. Client shall notify AECOM within
fourteen (14) days of the receipt of the invoice of any disputed items. Such notice must be accompanied by
a detailed description of any disputed items and include supporting documentation as well as references to
the provision(s) of this Agreement which permit a holdback or retention. If such notice is not provided within
fourteen (14) days, Client waives its rights to dispute the invoice Undisputed amounts remaining unpaid 30
days after the invoice date shall bear interest at the rate of 1.5% per month on the unpaid balance and
AECOM may suspend the Services pending receipt of such payment. In addition, AECOM retains its
unrestricted rights under Article 23 (Termination) of the Agreement.
6.3 If the Project is suspended by Client for more than 30 days, AECOM shall be paid for all Services
performed prior to the effective date of suspension within 30 days of such suspension. Upon resumption of
the Project, AECOM shall be entitled to an equitable adjustment in cost and schedule to compensate AECOM
for expenses incurred as a result of the interruption and resumption of the Services.
6.4 To the extent that completion of the Services is delayed beyond the original scheduled completion
date and such delay is not the fault of AECOM, an equitable adjustment shall be made to AECOM’s
Compensation and Project Schedule.
6.5 Except as otherwise specifically provided herein, Client shall pay or reimburse AECOM, as
appropriate, for all categories of taxes other than income tax, including without limitation, sales, consumer,
use, value added, gross receipts, privilege, and local license taxes related to the Services.
6.6 Client shall make payments to AECOM using one of the following methods:
6.6.1 AECOM LOCKBOX:
AECOM Technical Services, Inc.
1178 Paysphere Circle
Chicago, IL 60674
6.6.2 ELECTRONIC FUNDS TRANSFER/ACH PAYMENT:
Account Name: AECOM Technical Services, Inc.
Bank Name: Bank of America
Address1: Building D
Address2: 2000 Clayton Road
City/State/Zip: Concord, CA 94520-2425
Account Number: 5800937020
ABA Routing Number: 071000039
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6.6.3 WIRE TRANSFER:
Account Name: AECOM Technical Services, Inc.
Bank Name: Bank of America
Address: 100 West 33rd St
City/State/Zip: New York, NY 10001
Account Number: 5800937020
ABA Routing Number: 026009593
SWIFT Code: BOFAUS3N
6.6.4 Questions related to payment can be sent to:
AECOM Cash Applications Supervisor by phone at (804) 515-8490 or by email at
cashappsremittance@aecom.com
(End of page)
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Client’s NameItem 5.
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AECOM Project Name: _______________
AECOM Project No.: _______________
Change Order No.: _______________
EXHIBIT C
SAMPLE CHANGE ORDER FORM
In accordance with the Consulting Services Agreement dated ___ 20___ between _________(“Client”), and
___________, a ________ corporation, (“AECOM”), this Change Order, with an effective date of
_______________, 20______ modifies that Agreement _______________ as follows:
1. Changes to the Services:
2. Change to Deliverables:
3. Change in Project Schedule (attach schedule if appropriate):
4. Change in CONSULTANT’s Compensation:
The Services set forth in this Change Order will be compensated on the following basis:
[] No change to Compensation
[] Time & Material (See EXHIBIT B for the Hourly Labor Rate Schedule)
[] Time and Materials with a Not- to-Exceed amount of $_____. The Hourly Labor Rate Schedule is set
forth in EXHIBIT B (if applicable). Reimbursable expenses are included in the overall Not to Exceed cap.
[] Lump Sum $ ___________
Milestone/Deliverable & Date Payment Amount
$
[] Cost Plus Fixed Fee: Cost $ _____________ and Fee $ ___________
Therefore, the total authorized Compensation, inclusive of this Change Order is $ _____________.
5. Project Impact:
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6. Other Changes (including terms and conditions):
7. All other terms and conditions of the Agreement remain unchanged.
8. Each Party represents that the person executing this Change Order has the necessary legal authority to
do so on behalf of the respective Party.
AECOM Technical Services, Inc. CLIENT:
Signature Signature
Printed Name Printed Name
Printed Title Printed Title
Date Date
Address Address
____________________________________ ____________________________________
____________________________________ ____________________________________
[End of Agreement]
U.S. Design Engineering Services Agreement (October 8, 2018)
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Item 6.
ACTION FORM
PROCEEDING: Council Committee of the Whole – Legislative, Finance & Administration
DEPARTMENT OF ORIGIN: Police
PREPARED BY: Chief Thomas Johnson / Mayor Robin Christiansen / City Manager Dave Hugg
SUBJECT: Adjustment of the FY 24 Salary Scale beginning at the rank of Corporal.
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: City Manager, Controller/Treasurer
EXHIBITS: Proposed FY 24 Scale Chart for all FOP Ranks
EXPENDITURE REQUIRED: $239,683.63 PROJECT REVENUE: None
FUNDING SOURCE (Dept./Page in CIP & Budget): Personnel Budget
TIMETABLE: Upon Council approval, the City Manager will execute a side letter (MOU) with the
FOP to implement the proposed table beginning in FY 24.
RECOMMENDED ACTION: Approve the revised table as requested.
BACKGROUND
The Chief of Police will be 55 years old during calendar year 2022. Long standing policy has been that no Officer shall
be hired in the Dover Police Department beyond age 35 and serve beyond age 55. In 2020, the City of Dover hired
Chief Johnson in a year he turned 53 years of age and it was certainly anticipated that he would not be compelled to
retire under the existing policy. With that stipulated, the FOP requested impact bargaining to address the reduced
promotional opportunities with Chief Johnson’s extended tenure and the anticipated change in retirement policy. Over
the course of several meetings, it was also identified that current policy was also having an impact on recruitment and
retention. In short, Dover PD has one of the longest timelines in Delaware to test for the non-competitive rank of
Corporal. Quality candidates have reported that, among other reasons, they did not apply to Dover due to the delay in
promotional opportunities. The most glaring example was the 8-year wait for Corporal. By the beginning of May, 2022
a side letter was signed that relieved Chiefs hired from outside of the Department of any age requirements,
acknowledged the City’s full discretion to hire an outside Chief, and contained a commitment that the Chief, Mayor and
City Manager would recommend this proposal to City Council in order to obtain the required funding.
POINTS OF INTEREST
Current policy allows an Officer to test for promotion to PFC after 3 years and for Corporal after 8 years. The desire
is to allow PFC’s to test for Corporal after 6 years. The competitive ranks of Master Corporal and Sergeant are
typically not mathematically possible until years 10 and 13 respectively under the current policy. Earning Corporal in
year 7 will shorten the path to higher promotion and remove the recruitment barrier. As it relates to the development
and useful tenure of senior staff, this move will ensure that the investment in supervisory, management and
leadership training will pay greater dividends. In many cases, supervisors achieve staff ranks at the tail end of their
careers and must be replaced. Only 1 member of the 8 staff officers under the Chief is still in the same rank since
his appointment in 2020. Earlier promotions will help with this rapid turnover and ensure that the best and brightest
are available for selection to the senior staff in the future.
ACTION REQUESTED: The Legislative and Finance Committee and Council approve this table revision.
50
Paj 53
51
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Paj 54
Item 6.
City of Dover Police Department
Salary Scale Comparison
Current Salary
8,589,346.35 8,829,029.98 239,683.63 2.8%
52