Sussex County Council Public/Media Packet
MEETING: May 25, 2021
**DISCLAIMER** This product is provided by Sussex County government as a courtesy to the general public. Items contained within are for background purposes only, and are presented ‘as is’. Materials included are subject to additions, deletion or other changes prior to the County Council meeting for which the package is prepared.
Sussex County Council 2 The Circle | PO Box 589 Georgetown, DE 19947 (302) 855-7743 SUSSEX COUNTY COUNCIL
A G E N D A
MAY 25, 2021
10:00 A.M.
*AMENDED on May 20, 2021 at 3:30 p.m.¹
PLEASE REVIEW MEETING INSTRUCTIONS AT THE BOTTOM OF THE AGENDA
Call to Order
Approval of Agenda
Approval of Minutes – May 4 and 11, 2021
Reading of Correspondence
Public Comments
Consent Agenda
1. Use of Existing Wastewater Infrastructure Agreement, IUA-S-20-50 Nicola’s Family Pizza Restaurant Project, West Rehoboth Area
Todd Lawson, County Administrator
1. Proclamation – Community Action Month
2. Discussion and Possible Action related to the Collection of Accommodations Tax
3. Administrator’s Report
10:15 a.m. Public Hearing Roxanna Apartment Annexation into the Millville Area of the Sussex County Unified Sanitary Sewer District Todd Lawson, County Administrator 1. Fiscal Year 2022 – Budget Presentation
2. Discussion and Possible Introduction of Proposed Ordinances:
“AN ORDINANCE ESTABLISHING THE ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2022”
“AN ORDINANCE TO AMEND CHAPTER 62, ARTICLE V, §62-16 OF THE CODE OF SUSSEX COUNTY TO INSTITUTE FEES CHARGED BY THE CLERK OF THE PEACE TO PERFORM MARRIAGE CEREMONIES AND RENEWAL OF MARRIAGE VOWS AFTER NORMAL BUSINESS HOURS AND ON WEEKENDS AND TO INCREASE THE FEES FOR NON-DELAWARE RESIDENTS FOR OUT-OF-OFFICE CEREMONIES”
“AN ORDINANCE ESTABLISHING ANNUAL SERVICE CHARGES, ANNUAL ASSESSMENT RATES FOR COLLECTION AND TRANSMISSION AND/OR TREATMENT, AND CONNECTION CHARGES FOR ALL SUSSEX COUNTY WATER AND SANITARY SEWER DISTRICTS”
William Pfaff, Economic Development Director
1. Economic Development Excite Sussex Loan Approval
Hans Medlarz, County Engineer 1. South Coastal Regional Wastewater Facility Treatment Process Upgrade No. 3 and Rehoboth Beach Wastewater Treatment Plant Capital Improvement Program, Phase 2
A. General Construction, Project C19-11, Change Order No. 10
2. Inland Bays Regional Wastewater Facility: Biosolids and Septage Facilities, Project 18-19
A. Final Balancing Change Order and Substantial Completion
3. Herring Creek Sanitary Sewer District: North Gravity Sewer and Force Main, Project S20-07
A. Change Order No. 4
4. Western Sussex Transmission Facilities
A. Contract 4, Project S19-28 – Change Order No. 5 and Substantial Completion
Page 2 of 4 5. Public Works FY 2022 General Labor & Equipment Contract, Project 22-01
A. Project Bid Action
B. Contract Extension
John Ashman, Director of Utility Planning and Design
1. Request to Prepare and Post Notices
A. Zinzer Properties of the Miller Creek Area of the Sussex County Unified Sanitary Sewer District
B. Cardinal Grove Annexation of the West Rehoboth Area of the Sussex County Unified Sanitary Sewer District
C. Higgins Re/Max Annexation of the Blades Area of the Sussex County Unified Sanitary Sewer District
Grant Requests
1. Millsboro Historical Society for Godwin School maintenance
2. City of Seaford for the Police Department’s Citizen’s Police Academy
3. Town of Laurel for the Independence Day Committee’s July 4th fireworks display
4. Seaford Historical Society for programs and expenses
5. Delaware Seaside Railroad Club for building remodel expenses
Introduction of Proposed Zoning Ordinances
Council Members’ Comments
*Executive Session – Potential Litigation, Land Acquisition and Personnel pursuant to 29 Del.C.§10004(b)
Possible action on Executive Session items
Adjourn
In accordance with 29 Del.C. §10004(e)(2), this Agenda was posted on May 18, 2021 at 4:20 p.m. and at least seven (7) days in advance of the meeting.
This Agenda was prepared by the County Administrator and is subject to change to include the addition or deletion of items, including Executive Sessions, which arise at the time of the meeting.
Agenda items may be considered out of sequence.
Further meeting access instructions are listed below.
Page 3 of 4 1 Per 29 Del. C. § 10004 (e) (5) and Attorney General Opinion No. 13-IB02, this agenda was amended under Executive Session to include Potential Litigation listed therein. The agenda amendment was required to address matters which need immediate Council attention and which arose after the initial posting of the agenda but before the start of the Council meeting.
-MEETING INSTRUCTIONS-
The Sussex County Council is holding this meeting under the authority issued by Governor John C. Carney through Proclamation No. 17-3292.
The public is encouraged to view the meeting on-line. Any person attending in-person will be required to go through a wellness and security screening, including a no-touch temperature check. The public will be required to wear a facial mask.
Chambers seating capacity is limited and seating assignments will be enforced.
The meeting will streamed live at https://sussexcountyde.gov/council-chamber- broadcast.
The County is required to provide a dial-in number for the public to comment during the appropriate time of the meeting. Note, the on-line stream experiences a 30-second delay. Any person who dials in should listen to the teleconference audio to avoid the on-line stream delay.
To join the meeting via telephone, please dial:
Conference Number: 1-302-394-5036 Conference Code: 570176
Members of the public joining the meeting on the telephone will be provided an opportunity to make comments under the Public Comment section of the meeting and during the respective Public Hearing.
The Council meeting materials, including the “packet”, are electronically accessible on the County’s website at: https://sussexcountyde.gov/agendas-minutes/county-council.
If any member of the public would like to submit comments electronically, please feel free to send them to [email protected]. All comments shall be submitted by 4:30 P.M. on Monday, May 24, 2021.
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Page 4 of 4 SUSSEX COUNTY COUNCIL
BUDGET WORKSHOP
MAY 4, 2021
The Sussex County Council held a Budget Workshop on May 4, 2021 beginning at 8:30 a.m. at the Sussex County Emergency Operations Center in Georgetown for the purpose of discussing the Proposed FY 2022 Budget.
The following were present:
Michael H. Vincent President John L. Rieley Vice President Douglas B. Hudson Councilman Cynthia C. Green Councilwoman Mark G. Schaeffer Councilman Todd F. Lawson County Administrator Gina A. Jennings Finance Director Kathy Roth Deputy Finance Director
Mr. Lawson stated that the purpose of the Budget Workshop was to hold an open discussion among the County Council, County Administrator, and staff regarding budget matters and initiatives which will affect the FY 2022 Budget.
An overview of FY 2021 Budget accomplishments and highlights of the Proposed FY 2022 Budget were presented.
Department presentations were provided by the following departments: Marriage Bureau, Human Resources, Paramedics (Operating and Capital), Economic Development, Community Development (Affordable Housing), and Engineering - Water and Sewer (Operating and Capital). Presentations were also given on Grants and Capital (General Fund) projects: Airport, Miscellaneous Engineering, and Information Technology).
No action was taken.
The workshop concluded at 5:00 p.m. DRAFTRespectfully submitted, Robin A. Griffith Clerk of the Council SUSSEX COUNTY COUNCIL - GEORGETOWN, DELAWARE, MAY 11, 2021
A regularly scheduled meeting of the Sussex County Council was held on Tuesday, May 11, 2021, at 10:00 a.m., in Council Chambers, with the following present:
Michael H. Vincent President John L. Rieley Vice President Cynthia C. Green Councilwoman Douglas B. Hudson Councilman Todd F. Lawson County Administrator Gina A. Jennings Finance Director J. Everett Moore, Jr. County Attorney
The Invocation and Pledge of Allegiance were led by Mr. Vincent. Call to Order Mr. Vincent called the meeting to order.
M 161 21 A Motion was made by Mr. Rieley, seconded by Mr. Hudson, to approve the Approve Agenda, as posted. Agenda Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Minutes The minutes of April 27, 2021 were approved by consent.
Beebe Dr. David Tam, President and CEO of Beebe Healthcare, presented an Healthcare update on Beebe Healthcare including Beebe’s response to the COVID-19 pandemic and plans to serve the needs of all of Sussex County with the expansion of facilities, services, and providers.
Public A Public Hearing was held to consider extending the boundary of the Hearing/ Sussex County Unified Sanitary Sewer District, Dagsboro/Frankford Area, Proposed to include the Banks property. Banks DRAFT Property John Ashman, Director of Utility Planning & Design reported that the Annexation proposed expansion includes Parcel No. 233-11.00-243.00 located along into the Dupont Blvd., Route 113. The Engineering Department received a request SCUSSD/ from Beacon Engineering, Inc. on behalf of Banks Properties, LLC, the Dagsboro/ owners/developers of the Banks property with a proposed use as a shopping Frankford center. The Banks property shopping center is anticipating 33 EDUs, but Area no tenants have yet been secured.
There were no public comments. May 11, 2021 - Page 2
(continued) The Public Hearing and public record were closed.
M 162 21 A Motion was made by Mr. Hudson, seconded by Mr. Rieley, to Adopt Adopt Resolution No. R 009 21 entitled “A RESOLUTION TO EXTEND THE R 009 21 BOUNDARY OF THE SUSSEX COUNTY UNIFIED SANITARY SEWER DISTRICT (SCUSSD) DAGSBORO-FRANKFORD AREA, TO INCLUDE ONE PARCEL OF LAND ALONG THE WEST SIDE OF DUPONT BOULEVARD LOCATED IN DAGSBORO HUNDRED, SUSSEX COUNTY, DELAWARE AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, IN AND FOR SUSSEX COUNTY, DELAWARE”.
Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Board of Mr. Lawson noted that on April 20, 2021, Mrs. Green announced her Adjustment nomination of Jordan Warfel to the Board of Adjustment (District 2). The Nominee Council conducted a public interview for Board of Adjustment nominee Jordan Warfel.
Mrs. Green noted the retirement of Board of Adjustment member Brent Workman and expressed appreciation for his service to the County.
M 163 21 A Motion was made by Mrs. Green, seconded by Mr. Hudson, that the Approve Sussex County Council approves the appointment of Jordan Warfel to the Appoint- Sussex County Board of Adjustment, effective immediately, and until such ment to the time as the term expires in June 2021 (completing the term of Brent Board of Workman). Adjustment/ Jordan Motion Adopted: 4 Yeas, 1 Absent. Warfel Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Advisory Mr. Lawson presented Council’s recommended reappointments to the Committee AdvDRAFTisory Committee for the Aging and Adults with Physical Disabilities. for the The Aging Committee consists of 11 members; however, Mr. Lawson noted Aging and that, on this date, Council is to consider nine (9) members: Adults with Physical District 1 Cathy Parker Disabilities/ District 1 Helen Pase Reappoint- District 1 Helen Smith ments District 2 Fran Smith District 2 Linda Rogers District 3 Larry Savage May 11, 2021 - Page 3
Advisory District 3 Francine Shockley Committee District 4 Jamie Magee (continued) District 5 Scott Phillips
M 164 21 A Motion was made by Mr. Rieley, seconded by Mrs. Green, that the Sussex Approve County Council approves the reappointments of the members to the Sussex Reappoint- County Advisory Committee on Aging and Adults with Physical ments to the Disabilities, as outlined, effective immediately, for a term of two (2) years. Advisory Committee Motion Adopted: 4 Yeas, 1 Absent. on Aging and Adults Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; with Mr. Hudson, Yea; Mr. Rieley, Yea; Physical Mr. Vincent, Yea Disabilities Mr. Lawson read the following information in his Administrator’s Report: Adminis- trator’s 1. Projects Receiving Substantial Completion Report Per the attached Engineering Department Fact Sheets, the following projects have received Substantial Completion: Walden (Formerly known as – Burton’s Pond) – Phase 1B Pump Station and Force Main, effective April 22nd; Middle Creek Preserve – Phase 2, effective April 22nd; and The Estuary, Phase 2-4B (Construction Record), effective May 4th.
2. Delaware Animal Services Performance Report – First Quarter
The Delaware Animal Services Performance Report for the first quarter of 2021 is attached listing the total number of calls for service by location as well as a breakdown of the total types of calls in Sussex County. In total there were 1,179 calls for service in the first quarter for Sussex County.
3. Distinguished Budget Presentation Award
I am pleased to announce that the Government Finance Officers Association of the United States and Canada has awarded Sussex County its Distinguished Budget Presentation Award for the Fiscal DRAFTYear 2021 Budget Report. This is the third year that the County has received this prestigious award acknowledging its budget report. In order to receive the award, the budget document must serve an entity as a policy document, financial plan, operations guide, and communication device.
Congratulations to Gina Jennings, Finance Director and Chief Operating Officer, and Kathy Roth, Deputy Finance Director, for their efforts in achieving this award. May 11, 2021 - Page 4
Adminis- 4. Council Meeting Schedule trator’s Report The May 18th Council meeting has been canceled. The next regularly (continued) scheduled Council meeting will be held on Tuesday, May 25th at 10:00 a.m.
[Attachments to the Administrator’s Report are not attached to the minutes.]
Second Karen Brewington, Human Resources Director, announced the Second Quarter Quarter recipients of the Shining Star Employee Recognition Program. Employee This program recognizes and celebrates employees who demonstrate Recognition exceptional performance, service, and accomplishments that reinforce the Awards County’s mission, vision and goals. Second Quarter recipients are Jordan Dickerson of the Engineering Department and Guillermo Montalvo-Merino of Community Development and Housing.
Group Karen Brewington, Human Resources Director, discussed the County’s Life and Group Life and Disability Insurance and Optional Accidental Life Disability Insurance Extension. Mrs. Brewington reported that The Hartford has Benefits provided group life and disability benefits to the County since 2012; they also administer the self-funded short term disability benefit. The renewal would be effective July 1, 2021 and while the Short-Term Disability fee is increasing 26.1% ($1,800 annually), the Long-Term Disability rate is being decreased by 26.1% (a savings of $20,519) resulting in a net premium/fee reduction of $18,719. The rates for Group Life and Accidental Death and Dismemberment coverage would remain unchanged. The Insurance Buyers Council recommends accepting the renewal as proposed and locking in the rates for two years, through June 30, 2023.
M 165 21 A Motion was made by Mr. Rieley, seconded by Mr. Hudson, that the Renew Sussex County Council renew its contract with The Hartford for Group Contract Life and Disability Benefits in the amount of $259,441.00 for a period of two with The (2) years ending June 30, 2023. Hartford/ Group Motion Adopted: 4 Yeas, 1 Absent. Life and Disability Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Benefits Mr. Hudson, Yea; Mr. Rieley, Yea; DRAFTMr. Vincent, Yea Stop Loss Mrs. Brewington discussed the County’s Stop Loss Insurance (excess Insurance coverage) which provides coverage for self-insured employers by serving as a reimbursement mechanism for catastrophic claims exceeding pre- determined levels. The County’s current annual specific deductible is $285,000. The County solicits bids annually for this coverage. IBC completed a Request for Quotes (RFQ) and was successful in negotiating the renewal with the County’s current vendor, Vista Underwriting Companion Life, with a savings of over $24,000. IBC recommends May 11, 2021 - Page 5
Stop Loss adjusting the specific deductible from the current $285,000 to $295,000. In Insurance weighing the premium savings against the frequency of claims over (continued) $285,000, IBC believes the incremental increase in deductible is a worthwhile risk. In addition to the change in deductible, IBC is recommending standardizing the contracts into a paid contract in which a claim would be eligible for payment if processed in the current year, irrespective of the incurred date. A “Paid” contract is the broadest contract term available in the medical stop loss market and is also known as a “gapless” contract. This contract change would result in premium savings of $26,407 compared to the revised renewal (assuming the $295,000 deductible/paid option). The savings is the result of the standardized contract and eliminating the underwriting uncertainty of run-out claims. The total annual savings for increasing the deductible and moving to a Paid contract basis would be approximately $42,000.
M 166 21 A Motion was made by Mr. Rieley, seconded by Mr. Hudson, that the Renew Sussex County Council renew its contract with Vista Underwriting Contract Companion Life for Stop/Loss Coverage at a rate per month of $26.66 for for single coverage and $65.64 for family coverage, with an annual specific Stop Loss deductible of $295,000 on a Paid Contract basis. Insurance Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Highmark Mrs. Brewington reported that Insurance Buyers Council (IBC) and Pharmacy Highmark Blue Cross Blue Shield, the County’s medical provider, met and Manage- discussed some pharmacy management programs to address rising ment prescription costs, and she reviewed those programs. She noted that the Programs changes would take place this benefit year. To address rising costs, Highmark offers several cost containment programs, including Copay Armor Rx Program (co-pay assistance) and Alliance RX Walgreen’s Prime (specialty drugs), and a Hemophilia Program. There is no cost to the County for these programs.
Request to John Ashman, Director of Utility Planning & Design, presented a request to Post Notices/ prepare and post notices for the proposed expansion of the Sussex County 7-Eleven UnifiedDRAFT Sanitary Sewer District (Western Sussex Area) to include several Bridgeville parcels in the Bridgeville Expansion Area. The Engineering Department Annexation received a request from Becker Morgan Group on behalf of their client, of the PTV 1081, LLC, the owners/developers of a project known as 7-Eleven SCUSSD/ Bridgeville for Parcel Nos. 131-19.00-7.00 and 8.02. The project is for a proposed convenience store and service station. The project will be responsible for system connection charges of $6,360.00 per EDU based on current rates. A Public Hearing will be scheduled. May 11, 2021 - Page 6
M 167 21 A Motion was made by Mr. Rieley, seconded by Mr. Hudson, that the Authorize Sussex County Engineering Department is authorized to prepare and post Posting of notices for the 7-Eleven Bridgeville Expansion of the Sussex County Unified Notices/ Sanitary Sewer District, Western Sussex Area, to include parcels 131-19.00- 7-Eleven 7.00 and 8.02, as presented. Bridgeville Annexation Motion Adopted: 4 Yeas, 1 Absent. (continued) Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Request to John Ashman, Director of Utility Planning & Design, presented a request to Post Notices/ prepare and post notices for the proposed expansion of the Sussex County Peninsula Unified Sanitary Sewer District (Long Neck Area). The Engineering Square Department received a request from Duffield Associates, LLC on behalf of Annexation their client, Four Diamonds Development & Consulting, LLC, the of the owners/developers of a project known as Peninsula Square on Parcel No. SCUSSD/ 234-23.00-115.00. The project is for a proposed hotel, gas station, retail and Long office space. The project will be responsible for system connection charges Neck of $6,360.00 per EDU based on current rates. A Public Hearing will be Area scheduled.
M 168 21 A Motion was made by Mr. Hudson, seconded by Mr. Rieley, that the Authorize Sussex County Engineering Department is authorized to prepare and post Posting of notices for the Peninsula Square Expansion of the Sussex County Unified Notices/ Sanitary Sewer District, Long Neck Area, to include the balance of Parcel 7-Eleven 234-23.00-115.00 located along John J. Williams Highway, Route 24, as Bridgeville presented. Annexation of the Motion Adopted: 4 Yeas, 1 Absent. SCUSSD/ Western Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Sussex Area Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Proposed Vince Robertson, Assistant County Attorney, and Jamie Whitehouse, Ordinances Planning and Zoning Director, presented for Council’s consideration two Amending (2) Proposed Ordinances. Chapter DRAFT 115 of the Mr. Robertson presented the Proposed Ordinance to amend Chapter 115 of Sussex the Sussex County Code reporting that it is necessary to replace a reference County to the “Environmentally Sensitive Developing Area” (ESDA) with “Coastal Code Area”. He reported that this revision is necessary because the ESDA name was revised to “Coastal Area” in the current Comprehensive Plan. Ordinance No. 2656 previously made this change throughout the entire Code; however, there was a place where the ESDA reference remained. The amendment makes that correction in Section 115-25B(3). May 11, 2021 - Page 7
Proposed Mr. Whitehouse presented the Proposed Ordinance to amend Chapter 115 Ordinances of the Sussex County Code regarding the C-4 Planned Commercial District Amending to allow its use and implementation to occur, including minimum lot sizes Chapter and types and percentages of residential uses permitted in the District: (1) 115 of the that the minimum district dimensions outlined within Chapter 115 be County amended to permit a minimum district area of 3 acres or greater, (2) to Code facilitate the increased usage of the C-4 Zoning District, and (3) to further (continued) amend the Zoning District to permit a maximum of 40% of its developable area to consist of duplexes, townhomes or multi-family dwelling houses (this is an increase from the 20% currently permitted).
Introduction Mr. Hudson introduced the Proposed Ordinance entitled “AN of Proposed ORDINANCE TO AMEND THE CODE OF SUSSEX COUNTY, Ordinances CHAPTER 115, ARTICLE IV BY AMENDING SECTION 115-25 TO REPLACE THE REFERENCE TO THE “ENVIRONMENTALLY SENSITIVE DEVELOPING AREA” WITH “COASTAL AREA” AND TO DELETE REDUNDANT LANGUAGE REGARDING BONUS DENSITY”.
Mr. Hudson introduced the Proposed Ordinance entitled “AN ORDINANCE TO AMEND THE CODE OF SUSSEX COUNTY, CHAPTER 115, ARTICLE XID, SECTIONS 115-83.25, 115-83.26, 115- 83.30 AND “115 ATTACHMENT 4, SUSSEX COUNTY TABLE IV”.
The Proposed Ordinances will be advertised for public hearing. Grant Requests Mrs. Jennings presented grant requests for the Council’s consideration.
M 169 21 A Motion was made by Mrs. Green, seconded by Mr. Rieley, to give Council- $1,000.00 ($200.00 from each Councilmanic Grant Account) to the manic Delaware Community Foundation for the Georgetown-Millsboro Rotary Grant Club for Flags for Heroes.
Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea M 170 21 A MotionDRAFT was made by Mrs. Green, seconded by Mr. Rieley, to give Council- $5,000.00 ($1,000 from each Councilmanic Grant Account) to Grace-N- manic Mercy Ministries for Summer Youth Camp expenses. Grant Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea May 11, 2021 - Page 8
M 171 21 A Motion was made by Mrs. Green, seconded by Mr. Rieley, to give Council- $2,000.00 ($1,000.00 each from Mrs. Green’s and Mr. Rieley’s manic Councilmanic Grant Accounts) to the Urban Garden Initiative Corporation Grant for a youth garden project.
Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
M 172 21 A Motion was made by Mr. Hudson, seconded by Mr. Rieley, to give Council- $2,000.00 ($1,000.00 each from Mr. Hudson’s and Mr. Rieley’s manic Councilmanic Grant Accounts) to the Ocean View Historical Society for the Grant Hall’s Store Visitors and Education Center.
Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Introduction Mrs. Green introduced the Proposed Ordinance entitled “AN of Proposed ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN Zoning AR-1 AGRICULTURAL RESIDENTIAL DISTRICT TO ALLOW FOR Ordinances RETAIL SALES OF ANTIQUES AND COLLECTIBLES TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN NANTICOKE HUNDRED, SUSSEX COUNTY, CONTAINING 9.7 ACRES, MORE OR LESS” (Conditional Use No. 2275) filed on behalf of Christopher L. Hooper and Lisa A. Hooper (Tax I.D. No. 231-7.00-36.00) (911 Address: 16842 Seashore Highway, Georgetown).
Mr. Vincent introduced the Proposed Ordinance entitled “AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT TO ALLOW FOR A WATER WELL DRILLING BUSINESS TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN NANTICOKE HUNDRED, SUSSEX COUNTY, CONTAINING 1.04 ACRES, MORE OR LESS” (Conditional Use No. 2276) filed on behalf of Atlantic Well Drilling, Inc.DRAFT (Tax I.D. No. 132-3.00-4.09) (911 Address: 10872 Concord Road, Seaford).
Mr. Rieley introduced the Proposed Ordinance entitled “AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR THE EXPANSION OF A NON-CONFORMING USE AS A BORROW PIT TO INCLUDE THE PROCESSING, CRUSHING OF CEMENT AND OTHER AGGREGATES, AND THE OUTDOOR STORAGE, SALE, AND PROCESSING AND CRUSHING OF MULCH AND SOIL TO BE May 11, 2021 - Page 9
Introduction LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN of Proposed LEWES AND REHOBOTH HUNDRED, SUSSEX COUNTY, Zoning CONTAINING 50.90 ACRES, MORE OR LESS” (Conditional Use No. Ordinances 2281) filed on behalf of Susan Ritter (Tax I.D. No. 334-12.00-7.00) (911 (continued) Address: 33508 Ritter Lake Drive, Lewes).
Mr. Hudson introduced the Proposed Ordinance entitled “AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX COUNTY FROM A MR-RPC MEDIUM DENSITY RESIDENTIAL DISTRICT – RESIDENTIAL PLANNED COMMUNITY TO A MR-RPC MEDIUM DENSITY RESIDENTIAL DISTRICT – RESIDENTIAL PLANNED COMMUNITY AND TO AMEND THE CONDITIONS OF APPROVAL OF CZ 1768 (ORDINANCE 2411) TO INCREASE THE GROSS SITE AREA BY 5.253 ACRES AND TO INCREASE THE NUMBER OF PERMITTED UNITS WITHIN THE RESIDENTIAL PLANNED COMMUNITY FOR A CERTAIN PARCEL OF LAND LYING AND BEING IN BALTIMORE HUNDRED, SUSSEX COUNTY, CONTAINING 56.372 ACRES, MORE OR LESS” (Change of Zone No. 1931) filed on behalf of Lighthipe, LLC (Tax I.D. No. 134-17.00- 12.02) (911 Address: None Available).
The Proposed Ordinances will be advertised for Public Hearing.
M 173 21 At 11:16 a.m., a Motion was made by Mr. Rieley, seconded by Mr. Hudson, to Go Into recess the Regular Session and go into Executive Session to discuss matters Executive relating to land acquisition. Session Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Executive At 11:20 a.m., an Executive Session of the Sussex County Council was held in Session the Basement Caucus Room for the purpose of discussing matters relating to land acquisition. The Executive Session concluded at 12:24 p.m.
M 174 21 At 12:31 p.m., a Motion was made by Mr. Rieley, seconded by Mr. Hudson, to Reconvene come out of Executive Session and reconvene the Regular Session. Regular MotionDRAFT Adopted: 4 Yeas, 1 Absent. Session
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea M 175 21 Negotiate A Motion was made by Mr. Rieley, seconded by Mr. Hudson, that the County Land Administrator be authorized to negotiate and enter into a contract and Acquisition proceed to closing on Land 2021-B. May 11, 2021 - Page 10
M 175 21 Motion Adopted: 4 Yeas, 1 Absent. (continued) Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
M 176 21 A Motion was made by Mr. Rieley, seconded by Mr. Hudson, that the County Negotiate Administrator be authorized to negotiate and enter into a contract and Land proceed to closing on Land 2021-D. Acquisition Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
M 177 21 A Motion was made by Mr. Rieley, seconded by Mr. Hudson, to adjourn at Adjourn 12:32 p.m.
Motion Adopted: 4 Yeas, 1 Absent.
Vote by Roll Call: Mrs. Green, Yea; Mr. Schaeffer, Absent; Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Vincent, Yea
Respectfully submitted,
Robin A. Griffith Clerk of the Council
{An audio recording of this meeting is available on the County’s website.} DRAFT Consent Agenda 5-25-2021
Nicola's Family Pizza Restaurant Project Existing Sewer Infrastructure Use Agreement - IUA-s-20-50 Flour Power, LLC to pay $13,616.00 for 18.52 EDUs West Rehoboth Area ENGINEERING DEPARTMENT ~ussex q[ountp ADMINISTRAT ION (302) 855-7718 AIRPORT & INDUSTRIAL PARK (302) 855-7774 DELAWARE ENVIRONMENTAL SERVICES (302) 855-7730 sussexcountyde.go v PUBLIC WORKS (302) 855-7703 RECORDS MANAGEMENT (302) 854-5033 HANS M. MEDLARZ, P.E. UTILITY ENGINEERING (302) 855-7717 COUNTY ENGINEER (302) 855-771 9 UTILITY PERMITS JOHN J. ASHMAN UTILITY PLANNING (302) 855-1299 DIRECTOR OF UTILITY PLANNING FAX (302) 855-7799
Memorandum
TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable John L. Rieley, Vice President The Honorable Douglas B. Hudson The Honorable Cynthia C. Green The Honorable Mark G. Schaeffer
FROM: John J. Ashmacd\ ,,/ Director of ~nning RE: Existing Wastewater /11frastructure Use Agreement Nicola's Family Pizza Restaurant File: OM 9.01
DATE: May 25, 2021
Th e Existing Wastewater Infrastructure Use Agreement is an arrangement that collects financial contributions based on development built out flows for available capacity in the existing wastewater transmission infrastructure previously funded by the County while at the same time eliminating the granting of "oversizing" credits.
The Engineering Department requests approval of an agreement for the existing wastewater infrastructure use with Flour Power, LLC for the Nicola's Family Pizza Restaurant project in the West Reh oboth Area . Such an arrangement does not modify the underlying land use decision in any form. However, it allows the wa stewater originating from the approved project to be conveyed through the existing transmission system previously constructed by the County.
Under the proposed arrangement, the Nicola's Family Pizza Restaurant project will connect to the existing County owned wastewater infrastructure. In return for utilization of said infrastructure Flour Power, LLC will contribute $13,616.00.00 for the financial catch-up contribution of the existing infrastructure to se rve 18.52 Equivalent Dwelling Units. Payment will be required prior to re ce iving a building permit. System Connection Charges in place at the time of building permit request will still apply.
COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 589 (!) GEORGETOWN, DELAWARE 19947 EOU.tr..L H<)'.JSm G Off'ORTUNrfY Use of Existing Infrastructure Parcel 334-6.00-14.00 C=:J Existing SSD Parcel 334-6.00-14.00
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PROCLAMATION PROCLAIMING THE MONTH OF MAY AS "COMMUNITY ACTION MONTH" WHEREAS, Community Action has made essential contributions to individuals and families across this nation by creating economic opportunities and strengthening communities; and WHEREAS, Community Action is a robust state and local force connecting people to life changing services and creating pathways to prosperity in 99% of all American counties; and WHEREAS, Community Action builds and promotes economic stability as an essential aspect of enabling and enhancing stronger communities and stable homes; and WHEREAS, Community Action promotes community-wide solutions to challenges throughout our cities, suburbs, and rural areas; and WHEREAS, Community Action delivers innovative services and support that create greater opportunities for families and children to succeed; and WHEREAS, Community Action insists on community participation and involvement ensuring that all sectors of the community have a voice and will be heard; and WHEREAS, Community Action is celebrating 57 years of innovation, impact, and providing proven results for Americans; NOW, THEREFORE, BE IT RESOLVED, that the Sussex County Council hereby proclaims the month of May 2021 as "Community Action Month" in Sussex County in recognition of the hard work and dedication of First State Community Action Agency. Michael H. Vincent Council President PUBLIC NOTICE PROPOSED ROXANA APARTMENTS EXPANSION OF THE SUSSEX COUNTY UNIFIED SANITARY SEWER DISTRICT (MILLVILLE AREA) NOTICE IS HEREBY GIVEN that the Sussex County Council voted on April 13, 2021 to consider extending the boundary of the Sussex County Unified Sanitary Sewer District (SCUSSD), Millville Area, to include the Roxana Apartments project, being situate in Baltimore Hundred, Sussex County, Delaware. This action is in conformity with 9 Del.C §6502. A description of the area, which is contiguous to and to be added to the SCUSSD is described as follows: Beginning at a point, said point being on the SCUSSD boundary, said point also being on the easterly Right-of Way (ROW) of Roxana Road (Rt. 17); said point further being the southwesternmost property corner of lands Now-Or-Formerly (N/F} Hocker's Super Center Properties, LLC; thence leaving said ROW and proceeding by and with said SCUSSD boundary in a northwesterly direction a distance of 890 feet, thence proceeding in a southerly direction a distance of 480 feet; thence leaving said SCUSSD boundary and proceeding in a westerly direction a distance of 943 feet to a point, said point being the northwestern most property corner of lands N/F of Hocker Family Properties, LLC and a point on the easterly ROW of Roxana Road (Rt. 17); thence following said ROW in a northerly direction a distance of 480 feet to a point, said point being that of the BEGINNING. NOTE: The above description has been prepared using Sussex County Tax Map 134-12.00 and Sussex County property assessment records. The annexation contains 10.5 acres more or less. A map outlining and describing the extension of the SCUSSD is attached. The area involved is crosshatched. The public hearing will be held on this issue at 10:00 a.m. on May 25, 2021 at the regularly scheduled Sussex County Council meeting. All interested persons, officials, residents, voters, taxpayers, property owners, or corporations in any way affected by this boundary extension are welcome to attend. There will be an opportunity for questions and answers. The Sussex County Council following the hearing, at one of their regularly scheduled meetings, will make the final decision on the boundary extension. For further information, please call or write the Sussex County Engineering Department, 2 The Circle, Post Office Box 589, Georgetown, DE 19947 -(302) 855-7370). Hans M. Medlarz, P.E. County Engineer Proposed Annexation Ac. Roxana Apartments 2 Parcel 134-12.00-330.00 CJ Existing SSD Ac. 422.79 331 AC . 110.B 334 330.01 333 9.~9 Ac. 179.01 5.83Ac. 335 340 5.75.MC. "'".59 c 199 ~ <1\ i <1\ <1\ 2.03AC "' 330 ~ it :.... 202 rJ"J ....0 N 19Ac. 20B.6 The proposed annexation is scheduled to be discussed May 25, 2021at10:00 AM at the 8 regularly scheduled Sussex County Council meeting For more information please visit: https://www.sussexcountyde.gov/legal-notices/sewer-water Or call Sussex County Utility Planning at 302-855-1299 SUSSEX COUNTY UNIFIED SANITARY SEWER DISTRICT ROXANA APARTMENTS AFFIDAVIT FOR PUBLIC NOTICE STATE OF DELAWARE)( COUNTY OF SUSSEX)( BE IT REMEMBERED That the subscriber, PHILLIP C. CALIO, personally appeared before me and known to me personally to be such, who being by me duly sworn to law did depose and say as follows: A. On May 6, 2021 he was a Utility Planner for the Sussex County Engineering Department, Sussex County, State of Delaware; and B. On May 6, 2021 he did post the attached "Public Notice," prepared by the Sussex County Engineering Department, at the following locations: 1. On a post in front of a stop sign in the easterly Right-of-Way (ROW) of Substation Road at the intersection with Burbage Road, 2. On a post in front of the Lucinda Drive sign in the easterly ROW of Roxana Road (Rt. 17) 3. On a post in the easterly ROW of Roxana Road (Rt. 17) across the road from Pole 60276/99733, 4. On a post in the easterly ROW of Roxana Road (Rt. 17) in front of Pole 79872, 5. On a post in in the easterly ROW of Roxana Road (Rt. 17) across the road from Pole 60273/99760, 6. On a post in the easterly ROW of Roxana Road (Rt. 17) in front of Pole 79871, 7. On a post in front of a stop sign in the northerly ROW of Beaver Dam Road at the intersection with Central Avenue, 8. On a post in front of a stop sign in the northerly ROW of Tee Box Blvd. at the intersection with Central Avenue. 1..____ _ -~ Kj, SWORN TO AND . day oftf!j-A.D., 2021 SHARON E. SMITH NOTARY PUBLIC STATE OF DELAWARE / (, / . My Commission Expires on 6/14/22 1 My Commission Expires __fo_,_/f,_'f~:'r1"~·~-;-j_) ____ _ RESOLUTION A RESOLUTION TO EXTEND THE BOUNDARY OF THE SUSSEX COUNTY UNIFIED SANITARY SEWER DISTRICT (SCUSSD) MILLVILLE AREA, TO INCLUDE THE ROXANA APARTMENTS PROJECT LOCATED IN THE BALTIMORE HUNDRED, SUSSEX COUNTY, DELAWARE AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, IN AND FOR SUSSEX COUNTY, DELAWARE. WHEREAS, Sussex County has established the Sussex County Unified Sanitary Sewer Sanitary Sewer District (SCUSSD); and WHEREAS, in the best interests of the present district and to enhance the general health and welfare of that portion of Sussex County in the vicinity of Roxana Apartments project, the inclusion of this area will be beneficial; and WHEREAS, in accordance with 9 Del.C., Section 6502 (a), the Sussex County Council may, upon request of the County Engineer, revise the boundary of an established sewer district when 50 or more houses have been connected by posting a public notice in four public places in the district describing the new or revised boundary; and WHEREAS, the Sussex County Council has caused to be posted a public notice in at least four public places in the district, as verified by the affidavit of Phillip Calio, a copy of which affidavit and public notice is attached hereto and made a part hereof; and WHEREAS, in accordance with 9 Del.C., Section 6502 (b), the Sussex County Council shall, within ninety days after posting the public notices pass a formal resolution establishing the new boundary of the district; NOW, THEREFORE, BE IT RESOLVED the Sussex County Council hereby revises the boundary of the SCUSSD to encompass the lands mentioned above in the Roxana Apartments project and further described as follows: Beginning at a point, said point being on the SCUSSD boundary, said point also being on the easterly Right-of-Way (ROW) of Roxana Road (Rt. 17); said point further being the southwesternmost property corner of lands Now-Or-Formerly (N/F) Hocker’s Super Center Properties, LLC; thence leaving said ROW and proceeding by and with said SCUSSD boundary in a northwesterly direction a distance of 890 feet, thence proceeding in a southerly direction a distance of 480 feet; thence leaving said SCUSSD boundary and proceeding in a westerly direction a distance of 943 feet to a point, said point being the northwesternmost property corner of lands N/F of Hocker Family Properties, LLC and a point on the easterly ROW of Roxana Road (Rt. 17); thence following said ROW in a northerly direction a distance of 480 feet to a point, said point being that of the BEGINNING. NOTE: The above description has been prepared using Sussex County Tax Map 134-12.00 and Sussex County property assessment records. A map outlining and describing the extension of the SCUSSD is attached. The area involved is crosshatched. BE IT FURTHER RESOLVED that the Sussex County Council directs the County Engineer and the Attorney for the County Council to procure the necessary lands and right-of-way by purchase, agreement, or condemnation in accordance with the existing statutes; and BE IT FURTHER RESOLVED that the County Engineer is hereby authorized to prepare maps, plans, specifications, and estimates, let contracts for and supervise the construction and maintenance of, or enlarging and remodeling of, any and all structures required to provide for the safe disposal of sewage in the sanitary sewer district, as amended. WILLIAM PFAFF ECONOMIC DEVELOPMENT DIRECTOR ~ussex Memorandum TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable John L. Rieley, Vice President The Honorable Douglas B. Hudson The Honorable Cynthia C. Green The Honorable Mark G. Schaeffer FROM: William Pfaff Economic Development RE: ExciteSussex Fund DATE: May 20, 2021 On the agenda for Tuesday is the Amended Agreement between Sussex County and Grow America Fund, Inc. As you may recall, you have already approved the investment of an additional $3 million into the ExciteSussex Fund. Attached for your review and approval is the amended agreement. COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 589 (!) GEORGETOWN, DELAWARE 19947 EQUAL HOUSING OPPORTUN ITY ti, ' ' Small Business Lending Investment Agreement AMENDED AND RESTATED AGREEMENT TO ESTABLISH THE EXCITESUSSEX COUNTY FUND BY AND BETWEEN SUSSEX COUNTY AND GROW AMERICA FUND, INC. APRIL _, 2021 Amended and Restated ExciteSussex County Fund Agreement Page 1 of 13 AMENDED AND RESTATED AGREEMENT TO ESTABLISH THE EXCITESUSSEX COUNTY FUND BY AND BETWEEN SUSSEX COUNTY AND GROW AMERICA FUND, INC. THIS AGREEMENT TO ESTABLISH THE EXCITESUSSEX COUNTY FUND (hereinafter referred as the "Agreement") is entered into as of the _ day of April, 2021 by and between Sussex County, a political subdivision of the State of Delaware with its principal offices at 2 The Circle, P.O. Box 589, Georgetown, Delaware 19947 (hereinafter referred to as the "Client"), and the Grow America Fund, Inc. a nonprofit corporation organized and existing under the laws of the State of Delaware and having its mailing address at PO Box 845339, Boston, MA 02284-5339 (hereinafter referred to as "GAF"). WITNESSETH: WHEREAS, GAF is recognized and certified by the U.S. Treasury Department as a Community Development Financial Institution ("CDFI") and Community Development Entity ("CDE") as a domestic corporation having a primary mission of serving or providing investment capital for low-income communities or low-income persons; and WHEREAS, GAF, the nation's only Small Business Lending Company devoted solely to economic and community development financing and as a licensed and regulated Small Business Lending Company, is entitled to make SBA 7(a) guaranteed loans to eligible small businesses. WHEREAS, the Client desires to expand economic opportunity for residents of Sussex County so that these residents may become economically self-sufficient; and WHEREAS, the Client desires to create a program called the "ExciteSussex County Program" to encourage sustainable community and economic development activities through Amended and Restated ExciteSussex County Fund Agreement Page 2of13 '' small business lending so that the economically disadvantaged neighborhoods within Sussex County, Delaware (the "Community") can experience investment and job creation; and WHEREAS, on or about February 20, 2018 the Client and GAF established a community and economic development lending program through an investment of $1,000,000.00 in the GAF, hereinafter named the "ExciteSussex County Fund", to achieve the Client's goals; and WHEREAS, the Client and GAF desire to amend this Agreement to allow the Client to make an additional Three Million Dollar ($3,000,000) investment in the ExciteSussex County Fund on terms and conditions as hereinafter provided. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows: A. GENERAL PROVISIONS AND RESPONSIBILITIES 1. The ExciteSussex County Fund will be capitalized with funds provided by the Client (as described in Section C below). During the term of this Agreement, these funds will be used solely for loans within the areas identified by the Client, which are sponsored by the Client and which meet the purposes of the ExciteSussex County Program as determined by GAF and the Client. 2. GAF and Client will jointly create a Small Business Financing Program that recognizes that the purpose of bringing the ExciteSussex County Fund to the community is to provide appropriately structured financing to healthy, growing small businesses, that will create and maintain living wage permanent jobs. As such, fully trained professional staff (referred to as "Economic Development Professionals" (hereinafter referred to as "EDPs")) provided by the Client are essential to imbue the program with credibility in the local community and to complete the local component of the team necessary for the program's success. 3. EDP's will perform the following services: a) Participate in developing a marketing program and establishing periodic performance goals; b) Assist in establishing a database of potential referral sources for the ExciteSussex County Program; c) Assist in preparation of marketing materials; d) Disseminate the application package provided by GAF to potential borrowers; e) Gather the application information and perform a review for package completeness and preliminary qualification of potential borrowers; f) Assist GAF loan officers in scheduling meetings and site visits with potential Amended and Restated ExciteSussex County Fund Agreement Page 3of13 borrowers at their places of business; and g) Provide support to the GAF closing and servicing teams when needed and requested. 4. GAF will use its SBLC license to make SBA guaranteed loans referred by the Client and provide staff to operate the ExciteSussex County Fund in conjunction with the client's local staff provided by the Client to operate the fund in a prudent and businesslike manner. Staff provided by GAF will perform the following services: a) Assist in marketing the ExciteSussex County Program; b) Assist in originating and packaging loans; c) Underwrite all loans; d) Obtain GAF and SBA approvals; e) Close, service, and collect loans; f) Perform appropriate periodic reviews of each loan; and g) Provide reporting as required by the Client in a form acceptable to Client. (The parties agree that acceptable form and format for this documentation is the complete GAF quarterly portfolio status report to the Client and the loan report for each ExciteSussex County borrower including all relevant information as provided by the borrower.) 5. GAF has a fiduciary responsibility and duty to act in good faith, exercise skill, due care and diligence, and to use its best efforts and judgment, to underwrite, approve, close, service all program loans, and otherwise operate the ExciteSussex County Fund in a reasonable, prudent and businesslike fashion. In addition, the SBA requires all SBLC's to follow SBA regulations and to use SBA documents and procedures in making and servicing loans. As an SBLC, GAF shall comply with all SBA requirements in its dealings with the ExciteSussex County Fund. These fiduciary responsibilities and SBA regulations cannot be delegated or waived and they are hereby incorporated by reference into this Agreement as if stated in full. 6. GAF and Client acknowledge that GAF operates other small business lending programs in the State of Delaware that are independent of this Agreement. B. COMMENCEMENT, DURATION, COMPENSATION 1. GAF shall commence services for Client effective February 20, 2018 except as noted in Section C below. 2. GAF shall be compensated during the term of this Agreement from interest income generated from loans made to eligible businesses participating in the ExciteSussex County Fund, third-party grants, or other funds as outlined herein. Included are investment income and portions of the Client's Investment that are Amended and Restated ExciteSussex County Fund Agreement Page 4of13 to be earned as the performance obligations described in Section D are met. GAF acknowledges that, other than as specifically set forth herein, the Client shall have no financial obligation or responsibility to compensate GAF for any services it shall provide hereunder C. CAPITALIZING EXCITESUSSEX COUNTY FUND AND THE INVESTMENT PERIOD 1. The Parties agree that the ExciteSussex County Fund will be capitalized with Client funds as an investment structured as a performance-based grant (collectively, the "Investment"). During the term of this Agreement, this Investment will be used solely for funding eligible SBA-guaranteed loans within the targeted areas identified by the Client until such performance obligations are met as described in Section D. Client's targeted areas are set forth in Exhibit 1 which is attached hereto and incorporated herein by reference. 2. a. The Client shall capitalize the Investment in multiple tranches. On or about February 20, 2018, the Client shall make its first contribution of One Million Dollars ($1,000,000.00) to capitalize the GAF-ExciteSussex County Fund. On or about the date hereof, the Client shall make its second contribution of Three Million Dollars ($3,000,000.00) which may be paid in one or more installments. It is anticipated that the Investment will be provided by Client, but the actual source, disbursement, and breakdown of the capitalization of the ExciteSussex County Fund is at the sole discretion of the Client. b. The Client may elect to engage the ExciteSussex County Fund to provide additional small business loan leverage in its Community by making additional investments each of which will be governed under a separate Small Business Lending Agreement. c. The Client Investment will be applied by GAF to the "unguaranteed portion" of each outstanding loan funded under the program. The parties acknowledge that the Client Investment is therefore fully at risk of loss. It is anticipated that as principal is repaid by the small business borrowers, it will be relent under the same program guidelines to other eligible borrowers seeking access to appropriately structured and priced loan capital not otherwise available in the market. d. GAF, using its SBLC license, shall fund the "guaranteed portion" of each loan funded under the program. The parties acknowledge that the intent of the Client Investment is to achieve a goal of total loans funded of approximately four (4) times the amount of the Client Investment. 3. The Client's Investment Period and term of this Agreement shall commence on Amended and Restated ExciteSussex County Fund Agreement Page 5of13 the date first listed above. The Investment Period will remain in effect until the performance obligations outlined in section D (ii) herein are satisfied, or the receipt by GAF of the final payment of principal and interest from all outstanding loans in the ExciteSussex County Fund's Loan Portfolio (the "Termination of the Investment Period"), whichever comes first. D. RETURN OF INVESTMENT The Client has elected, and GAF has agreed to accept, the Client's Investment to capitalize the ExciteSussex County Fund allocated as follows: 1. Two Hundred Fifty Thousand Dollars ($250,000.00) of the Client's initial Investment shall be a grant to GAF and will be allocated toward Twenty-Five Percent (25%) of the unguaranteed portion of SBA of each end loans made in the eligible lending area. Once loans are made in the amount of $1,000,000 then the grant becomes unrestricted under this agreement. As of the date hereof, more than $1,000,000 have been made, therefore the $250,000 grant has become unrestricted on GAF's accounting books. 2. a. Seven Hundred Fifty Thousand Dollars ($750,000.00) of the Client's initial Investment plus $3,000,000 of the Client's second installment of the Investment shall be or has been used by GAF and allocated toward Seventy-Five Percent (7 5%) of the unguaranteed portion of SBA of each end loans made in the eligible lending area. b. GAF will pay the Client a preferred return of One Percent (1 %) on the net Client Investment held by GAF (exclusive of the $250,000 grant) which has been used to make end loans in the eligible lending area. c. The Client shall not be obligated to make payments to GAF beyond the Investment into GAF, and GAF shall not be obligated to return to the Client any portion of the Investment due beyond the actual principal repayments received from the borrowers (or collateral reductions in the event of a liquidation) under the ExciteSussex County Fund. E. TERM; TERMINATION 1. Term. The term of this Agreement will commence on the Effective Date and will continue in effect unless earlier terminated pursuant to the terms of this Agreement. 2. Termination for Convenience. Amended and Restated ExciteSussex County Fund Agreement Page 6of13 Either party may terminate this Agreement upon sixty (60) calendar days' written notice to the other party. Unless otherwise agreed by the parties, termination pursuant to this provision will not relieve GAF of its obligations under any open ExciteSussex County Fund loans, which obligations will continue to be governed by this Agreement and shall survive termination under this provision. 3. Termination for Cause. Either party may terminate this Agreement upon written notice if the other party has materially breached any provision of this Agreement and has not cured such breach within thirty (30) calendar days after receiving written notice from the non-breaching party describing such breach in reasonable detail and stating the non-breaching party's intent to terminate this Agreement. 4. Return of Materials. Upon any expiration or termination of this Agreement, except as necessary to exercise the rights granted by Company to Client pursuant to Section 7 .2, each party will return promptly or, at the other party's request, destroy all documents and other tangible objects containing or representing Confidential Information, exclusive of that which is related to end loans made by GAF, of the other party except to the extent that such documents must be retained to satisfy auditing or regulatory requirements. If requested by the other party, each party will provide the other party with written certification of compliance with the foregoing obligations under this provision. F. MISCELLANEOUS PROVISIONS 1. Ownership of Material and Documents. a. All final reports and other materials prepared by GAF for the Client shall be the property of the Client; however all work papers and other source materials not provided to the Client shall be the property of GAF. GAF shall deliver such materials to the Client in accordance with the terms and conditions of this Agreement. b. The Client shall not, without GAF's written consent, associate GAF's name with the report/product, if a subsequent change is made in such report\product after submission to the Client. 2. Right to Audit. GAF shall establish and maintain appropriate procedures, which will ensure the Amended and Restated ExciteSussex County Fund Agreement Page 7of13 proper accounting of all funds paid to it under this Agreement. The Client or any of their duly authorized representatives shall have access to any books, documents, papers and records of GAF, which are directly pertinent to THE EXCITESUSSEX COUNTY FUND for making an audit, examination excerpts and transcriptions. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any short periods of retention, all books, records and supporting details shall be retained for period of at least three (3) years after the expiration of the term of this Agreement. 3. Equal Opportunity. GAF shall comply with all federal, state and local non-discrimination statutes, ordinances and regulations, including, but not limited to, the provisions of Title VI of the Civil Rights Act of 1964 and the rules, regulations and relevant orders of the Secretary of Labor or other governing order regarding discrimination. In the event a party is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state, or local law, this Agreement may be cancelled, terminated or suspended in whole or in part by the Client, and that party may be declared ineligible for further Client Agreements. 4. Conflicts of Interest. No board member, officer or employee of the Client or its designees or agents, and no other public official who exercises any functions or responsibilities with respect to any requested technical assistance, shall be permitted to financially benefit from this Agreement or have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this Agreement. 5. Notices. All notices shall be sent by certified mail, return receipt requested, hand-delivery or overnight mail and in all events with a written acknowledgment of receipt to the address set forth at the beginning of this Agreement. 6. Responsibility for Claims. To the extent permitted by state statutes, the Client agrees to indemnify and save harmless GAF, their agents, officials, and employees from any liability, damage, expense, cause of action, suit, claim, judgment or expenses (including attorney's fees) arising from injury to person, including death, or personal property or otherwise caused by or resulting from the bad faith, willful, negligent or unlawful act of the Client in its performance of this Agreement. Provided, however, that such indemnity shall not apply to any actions, claims or damages arising as a Amended and Restated ExciteSussex County Fund Agreement Page 8 of 13 result of GAF's bad faith, willful misconduct or gross negligence. a. GAF agrees to indemnify, defend and hold the Client harmless from and against all losses, damages, claims, actions, causes of action, liabilities, obligations, judgments, penalties, fines, forfeitures, costs and expenses, including, without limitation, legal fees and expenses, that result from (i) its failure or purported failure in any way to perform its services and duties in connection with its management and administration of the ExciteSussex County Fund, or (ii) the actual or purported willful misfeasance, bad faith willful, intentional, negligent or unlawful act or omission of GAF in the performance of its obligations or duties under this Agreement, SBA requirements and guidelines, or other governing policies, laws, regulations, ordinances and the like, or the reckless disregard of such obligations or duties, or (iii) injury to person, (including death) or property (real or personal), or any injury otherwise caused by or resulting from the willful misfeasance, bad faith, willful, intentional, negligent or unlawful act or omission of GAF in its performance of this Agreement; provided, however, that such indemnity shall not apply to the extent that any actions, claims or damages arise or result from the Client's bad faith, willful misconduct or gross negligence. Such defense shall be conducted by counsel acceptable to the Client. b. GAF's obligations to indemnify, defend and hold Client harmless as set forth in 6a. herein shall survive termination of this Agreement. c. This indemnity provision shall not act as a waiver of, nor is it intended in any way to waive, alter, or otherwise amend, Client's immunity under the Delaware Code or otherwise, including but not limited to the County and Municipal Tort Claims Act. d. To the extent permitted by state statutes, the Client agrees to indemnify and save harmless GAF, their agents, officials, and employees from any liability, damage, expense, cause of action, suit, claim, judgment or expenses (including attorney's fees) arising from injury to person, including death, or personal property or otherwise caused by or resulting from the bad faith, willful, negligent or unlawful act of the Client in its performance of this Agreement. Provided, however, that such indemnity shall not apply to any actions, claims or damages arising as a result of GAF's bad faith, willful misconduct or gross negligence 7. Compliance with Laws, Venue. GAF agrees to comply with all applicable federal, state and local laws in the conduct of the work hereunder. This Agreement shall be construed, interpreted and the rights of the parties determined, in accordance with the laws of the State Amended and Restated ExciteSussex County Fund Agreement Page 9of13 of Delaware. The parties hereby irrevocably and unconditionally consent to submit to the jurisdiction of the courts of the State of New York and of the United States of America located in Delaware which shall have the exclusive jurisdiction for any actions, suits or proceedings arising out of or relating to this Agreement and the transactions contemplated hereby. The parties agree not to commence any action, suit or proceeding relating thereto except in such courts. 8. Assignment. Neither this Agreement nor any rights, duties or obligations described herein may be assigned by either party without the prior express written consent of the other party. 9. Severability. A determination that any part of this Agreement is invalid shall not invalidate or impair the force of the remainder of this Agreement. 10. Disclaimer. The Client is a sophisticated business enterprise and has retained GAF for the purposes set forth in this Agreement and the parties acknowledge and agree that their respective rights and obligations are contractual in nature. Each party disclaims an intention to impose fiduciary agency rights or obligations on the other party except as otherwise specifically stated in this Agreement 11. Entire Agreement. This Agreement contains the final agreement between the parties regarding the matters covered and supersedes any and all other agreements, either oral or in writing regarding, the matters contained herein. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 12. No Partnership. Nothing herein contained shall be construed as creating a partnership, joint venture or other similar relationship between the parties hereto. 13. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Electronic signatures and photocopies or facsimile copies of signatures shall be deemed to have the same force and effect as originals. Amended and Restated ExciteSussex County Fund Agreement Page 10of13 14. Waiver. No failure by either party to insist upon the strict performance by the other of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy upon a breach of this Agreement shall constitute a waiver of any such breach or of any such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach. Amended and Restated ExciteSussex County Fund Agreement Page 11 of 13 .. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above SUSSEX COUNTY By: Michael H. Vincent, President Sussex County Council Attest: ~~~~~~~~~~- Robin Griffith, Clerk of the Sussex County Council GROW AMERICA FUND, INC. By: ______(SEAL) Daniel Marsh III, Chairman Amended and Restated ExciteSussex County Fund Agreement Page 12 of 13 .. EXHIBIT 1 Eligible ExciteSussex County Lending Areas The ExciteSussex County Fund loan program will be available to eligible businesses located throughout Sussex County. Other eligibility criteria, if applicable, Gob creation or retention, etc.) are to be determined and documented by the Client. Amended and Restated ExciteSussex County Fund Agreement Page 13 of 13 Memorandum TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable John L. Rieley, Vice President The Honorable Cynthia C. Green The Honorable Douglas B. Hudson The Honorable Mark G. Schaeffer FROM: Hans Medlarz, P.E., County Engineer RE: South Coastal WRF Treatment Process Upgrade No.3 & Rehoboth Beach WTP Capital Improvement Program, Phase 2 A. General Construction, Project C19-11 Change Order No. 10 DATE: May 25, 2021 Intergovernmental Background: No changes since County Council approved the updated Agreement with the Town of Selbyville on November 10, 2020. Professional Services Background: No changes since County Council approved GHD, Inc’s Amendment No. 20 on February 4, 2020. Overall South Coastal Project Summary: In summary, the South Coastal WRF Treatment Process Upgrade No.3 encompasses the following components and statuses: a. Effluent Forcemain Relocation/Replacement; Completed in 2019. b. Influent Forcemain Consolidation; Completed in May of 2020. c. Drainage Network Rerouting; The construction was not included in the base bid. After cost comparison between the General Labor & Equipment Contract versus a change order under Ronca’s general construction contract; Council awarded the stand alone South Coastal WRF Treatment Process Upgrade No.3 & May 25, 2021 Rehoboth Beach WTP Capital Improvement Program, Phase 2 Change Order Request 554-001 to Ronca & Sons, Inc. in the amount of $104,592.96 on March 10, 2020. The construction was completed in July 2020. d. General Construction Project C19-11; awarded on December 17, 2019 to M.F. Ronca & Sons, Inc. On March 10, 2020 Council awarded Change Order No.1 in the net amount of $97,294.31 for deletion of the record drawing requirement and the modification of the RBWTF influent forcemains. On May 12, 2020 Council authorized credit Change Order No. 2 in the amount of ($12,705.00) eliminating an explosion proof motor requirement. On July 28, 2020 Council approved credit Change Order No. 3 in the combined amount ($9,764.30) for use of surplus materials from other County projects. Change Order No.4 in the amount of $871,000.00 for the repairs of partial failures at the two City of Rehoboth’s wastewater treatment plant oxidation ditch systems was also approved on July 28, 2020. Since then M.F. Ronca & Sons, Inc. completed steel framing repairs in the first oxidation ditch on a time & material basis. Data at this time indicates the total cost will be approximately $10,500.00. This is in addition to the concrete repairs which are being conducted per the awarded contingent unit price schedules. Once complete they will be brought forward as a unit quantity adjustment change order. On December 15, 2020 Change Order No. 6 was approved for the steel framing repairs in an amount of $10,500.00. The County initiated two RFPs. The first one, RFP-019 addressing modifications to the interior headworks piping the second one, RFP- 023 is the addition of a cross connection between the existing 14-inch process drain header for Aeration Tank Nos. 1-4 and the new header for the Aeration Tank Nos. 5-8. On September 22, 2020 Council approved Change Order No.5 in the combined amount of $32,991.66. GHD issued RFP-031 for the installation of plug valves on each of the 12-inch recycle influent pipes to be connected to the existing Aeration Tank Nos. 1-4 and to the new Aeration Tank Nos. 7-8. On December 15, 2020, Change Order No. 7 was approved for said shut off valves in the amount of $31,974.51. The South Coastal Facility project scope includes a new aeration basin. It must be connected to the existing large diameter sludge return piping requiring a forward flow stoppage. In order to minimize the risk during the pipe connections M. F. Ronca proposed a line stop approach under South Coastal WRF Treatment Process Upgrade No.3 & May 25, 2021 Rehoboth Beach WTP Capital Improvement Program, Phase 2 Change Order No. 8. Since it gained construction efficiency, they offered to only charge for the subcontractor work. In the spring of 2021, the Rehoboth Beach WTP oxidation ditch rehabilitation was receiving expansive attention including: • Contingent Unit Price Concrete Repairs, Bid Items F-19 & F-20 • Steel Repairs authorized under Change Order No. 6 • Steel Coatings authorized as part of Change Order No. 4 In addition, approximately 50% of the leaking expansion joints have been repaired under a time & material approach. On March 9, 2021 County Council approved Change Order Nos. 8 and 9 in the respective amounts of $34,765.50 and $45,600.00. In May the oxidation ditch has been started up successfully. New piping will be installed in the headworks pipe gallery. Out of the two remaining influent pipis one already has a shut off valve. Under RFP-036 we requested a new 20” valve in the second vertical influent piping in the pipe gallery. Observations made during the headworks bypass event have identified that two of the existing headworks slide gates will need to be replaced. RFP- 034 covers the replacement of slide gates WG-111 and WG-112. The electric gate actuators are already included in the contract. The Engineering Department recommends approval of M.F. Ronca & Sons, Inc. Change Order No. 10 in the aggregate amount of $34,160.64. e. Electrical Construction Project C19-17; awarded on December 17, 2019 to BW Electric, Inc. On February 4, 2020 Council awarded Change Order No.1 in the credit amount of ($759,374.80) mostly for changes to the conduit materials. A second credit change order was approved on March 10, 2020 in the amount of ($6,800.00) for ductbank modifications. On April 7, 2020 Council approved Change Order No.3 in the not to exceed amount of $235,637.33 for DP&L requested changes to the utility power service entrance location at the RBWTP. On May 12, 2020 Council authorized Change Order No.4 in the amount of $11,350.00 for reconstruction of the original electrical equipment in South Coastal’s sludge handling building electrical room accommodating a longer motor control center. On July 28, 2020 Council approved Change Order No.5 in the combined amount of $37,830.00 for the removal of an existing electrical handhole and duct bank and the modification of the duct bank between the DP&L utility switching pedestal and the transformer. South Coastal WRF Treatment Process Upgrade No.3 & May 25, 2021 Rehoboth Beach WTP Capital Improvement Program, Phase 2 On September 22, 2020 Council approved Change Order No.6 in the amount of $16,550.00 for the change of the sewer service for the Return Sludge Building No. 2 from a gravity drain to a pumped approach. On September 22, 2020 Council approved Change Order No. 7 in the not to exceed amount of $307,300.00 for the City of Rehoboth’s oxidation ditch complete electrical equipment replacement. This change order had an allowance for sensor replacements which proved too low and required an increase of $6,582.80. Council approved the modification to Change Order No. 7 on November 10, 2020. On November 10, 2020 Council approved Change Order No. 8 in the aggregate amount of $2,249.00 covering RFP-027, RFP-028, RFP-029 & RFP-030. GHD has concluded that RFP-029 can be rescinded in its entirety. Therefore, the scope of work in the Sludge Building reverts to the Drawings, as modified by Change Order No. 4 associated with RFP-016. On December 15, 2020, Council approved the modification reducing Change Order No. 8 by $9,040.00 for a modified net total credit of ($6,791.00). On February 9, 2021 Council approved Change Order No. 9 in the aggregate amount of $30,554.00 coffering RFPs-032 & 033. The first RFP provided upsized control panels, conduit and conductors associated with the two (2) Jet Mixing Pump VFDs while the second dealt with a modified temporary electrical feeder arrangement and a redirection of the medium voltage loop. f. Mobile Belt Filter Press; awarded on January 7, 2020 Council to Kershner Environmental Technologies. The unit was deployed at the Inland Bays RWF reducing legacy lagoon solids accumulation. g. DP&L expenses; on February 4, 2020 Council approved the electric utility service relocation contract. h. The Rehoboth Beach WTP was built on a municipal landfill and the design anticipated removal, but the actual amount trash encountered exceeded expectations. Therefore, Council approved a stand-alone purchase order to Melvin L. Joseph Construction Company, Inc. for material hauling & screening on July 14, 2020. The work is complete, and the screening was effective reducing the cost by over 60%. The updated expenses associated with the South Coastal WRF Treatment Process Upgrade No.3 & Rehoboth Beach WTP Capital Improvement Program, Phase 2 are summarized in the attached spreadsheet. SUSSEX COUNTY CHANGE ORDER REQUEST A. ADMINISTRATIVE: 1. Project Name: SCRWF Treatment Process Upgrade No. 3 & RBWTP Capital Improvement Program, Phase 2 - General Construction 2. Sussex County Project No. C19-11 3. Change Order No. 10 4. Date Change Order Initiated - 5/26/21 5. a. Original Contract Sum $39,526,400.00 b. Net Change by Previous ~1,200,999.64 Change Orders c. Contract Sum Prior to ~40,727 , 399 . 64 Change Order d. Requested Change $34,160.64 e. Net Change (No. of days) 0 f. New Contract Amount $40,761,560.28 6. Contact Person: Hans Medlarz, P.E. Telephone No. (302) 855-7718 B. REASON FOR CHANGE ORDER {CHECK ONE) 1. Differing Site Conditions 2. Errors and Omissions in Construction Drawings and Specifications 3. Changes Instituted by Regulatory Requirements 4. Design Change 5. Overrun/Underrun in Quantity 6. Factors Affecting Time of Completion 7. Other (explain below): C. BRIEF DESCRIPTION OF CHANGE ORDER: Replacement of two headworks side gates. D. JUSTIFICATION FOR CHANGE ORDER INCLUDED? Yes --"--'x'----- No _____ E. APPROVALS 5/19/2021 Date Scott Wachinski Representative's Name in Block Letters 2 ~ nz~ Signature ~ 3. Sussex County Council President Signature Date March 11, 2021 Mr. Steven Clark, P.E. GHD 16701 Melford Boulevard, Suite 330 Bowie, MD 20715 Re: Sussex County SCRWF-RBWWTP CIP Phase 2 Upgrades Proposed Change Order Request No. 554-012 SCRWF Headworks 20in Plug Valve Dear Mr. Clark: Please consider this writing to be Michael F. Ronca & Sons, Inc.’s formal change order request for performance of the above referenced work, in the amount of Eleven Thousand Sixty Dollars and 47 Cents………………………………………………………………………………………………………...…….…($11,060.47). Enclosed for your review is a corresponding breakdown of costs. Should this change order request be acceptable as provided, please prepare the appropriate change order documentation and forward the same to our office for further processing. Until then, should you have any questions, or require additional information, please do not hesitate to contact me. Regards, Scott Wachinski Project Manger cc: HO file 554 Hans M. Medlarz, P.E. – Sussex Co. David A. Ronca – M.F. Ronca Sussex County - SCRWF-RBWWTP CIP Phase 2 Upgrades PCOR 554-012 SCRWF Headworks 20in Plug Valve 3/11/2021 CHANGE ORDER SUMMARY Furnish and Install 20" FLG Plug Valve on Headworks Influent Piping per GHD's 03.10.21 Email Item 1 Request. Labor $1,548.00 Materials $8,069.80 Equipment $0.00 Subcontract $0.00 Subtotal $9,617.80 Contractor Overhead & Profit @ 15% $1,442.67 Contr. Overhead & Profit on Subcontr. @ 5% $0.00 Item Total $11,060.47 Change Order Total $11,060.47 Sussex County - SCRWF-RBWWTP CIP Phase 2 Upgrades PCOR 554-012 SCRWF Headworks 20in Plug Valve 3/11/2021 Item Description Furnish and Install 20" FLG Plug Valve on Headworks Influent Item 1 Piping per GHD's 03.10.21 Email Request. Labor: Qty Unit Unit Cost Total Mechanic/Fitter 8.00 MH $122.18 $977.44 Laborer 8.00 MH $71.32 $570.56 Labor Total: $1,548.00 Materials: Qty Unit Unit Cost Total 20" FLG Plug Valve w/HW 1.00 EA $7,774.80 $7,774.80 20" NBG Kit 1.00 EA $295.00 $295.00 Material Total: $8,069.80 Equipment: Qty Unit Unit Cost Total STS 8.00 $0.00 $0.00 Equipment Total: $0.00 Subcontract: Qty Unit Unit Cost Total $0.00 $0.00 Subcontract Total: $0.00 Item Total: $9,617.80 Request for Proposal Project Title SCRWF Upgrade No. 3 & RBWWTP CIP Upgrade Phase 2 Owner Sussex County, Delaware Contract No. C19-11: General Construction GHD Project No. 11121182 Contractor is requested to provide a Change Proposal for the following proposed modifications to the Work. This request alone neither directs nor approves any change to the Work nor any adjustments to the Contract Price or Contract Times. Contractor’s proposal shall be submitted to Engineer for review and shall adhere to all requirements of the Contract Documents. If found acceptable to Owner and Engineer, Contractor’s Change Proposal will be incorporated into the Work via Change Order. RFP No. 036 RFP Subject SCRWF Headworks Influent Valve Issued By S. Clark Issue Date Mar 10, 2021 Description of proposed changes: A new 20” plug valve is required on the vertical influent piping in the SCRWF Headworks Pipe Gallery. The valve will be installed with the new piping shown in RFP-019. Please submit pricing for the additional valve. GHD 16701 Melford Boulevard Suite 330 Bowie Maryland 20715 USA T 240 206 6810 F 240 206 6811 W www.ghd.com N:\US\Bowie\Projects\111\11121182 South Coastal Expansion\TECH\Construction\Work Changes\Request for Proposals\RFP-036 SCRWF Influent Valve\RFP-036 SCRWF HW Influent Valve.docx May 7, 2021 Mr. Steven Clark, P.E. GHD 16701 Melford Boulevard, Suite 330 Bowie, MD 20715 Re: Sussex County SCRWF-RBWWTP CIP Phase 2 Upgrades Proposed Change Order Request No. 554-014 SCRWF Headworks Slide Gate Replacement Dear Mr. Clark: Please consider this writing to be Michael F. Ronca & Sons, Inc.’s formal change order request for performance of the above referenced work, in the amount of Twenty Three Thousand One Hundred Dollars and 17 Cents………………………………………………………….….………..…….…($23,100.17). Enclosed for your review is a corresponding breakdown of costs. Should this change order request be acceptable as provided, please prepare the appropriate change order documentation and forward the same to our office for further processing. Until then, should you have any questions, or require additional information, please do not hesitate to contact me. Regards, Scott Wachinski Project Manger cc: HO file 554 Hans M. Medlarz, P.E. – Sussex Co. David A. Ronca – M.F. Ronca Sussex County - SCRWF-RBWWTP CIP Phase 2 Upgrades PCOR 554-014 SCRWF Headworks Slide Gate Replacement 5/7/2021 CHANGE ORDER SUMMARY Form, Place & Strip Concrete Extension Wall at SCRWF Headworks Slide Gate WG-111 to Item 1 Allow for Installation of Surface Mount Replacement Slide Gate per GHD's 03.23.21 Email Request and Clarification Dwg. Provided via 04.08.21 Email to Include Drill/Epoxy of Reinf. Stl. Labor $1,497.70 Materials $635.00 Equipment $156.60 Subcontract $0.00 Subtotal $2,289.30 Contractor Overhead & Profit @ 15% $343.40 Contr. Overhead & Profit on Subcontr. @ 5% $0.00 Item Total $2,632.70 Furnish and Installation of SCRWF Replacement Slide Gates WG-111 & WG-112 GHD's Item 2 03.23.21 Email Request and Clarification Dwg. Provided via 04.08.21. Labor $4,941.90 Materials $10,942.00 Equipment $1,913.90 Subcontract $0.00 Subtotal $17,797.80 Contractor Overhead & Profit @ 15% $2,669.67 Contr. Overhead & Profit on Subcontr. @ 5% $0.00 Item Total $20,467.47 Change Order Total $23,100.17 Sussex County - SCRWF-RBWWTP CIP Phase 2 Upgrades PCOR 554-014 SCRWF Headworks Slide Gate Replacement 5/7/2021 Item Description Form, Place & Strip Concrete Extension Wall at SCRWF Headworks Slide Gate WG-111 to Allow for Installation of Item 1 Surface Mount Replacement Slide Gate per GHD's 03.23.21 Email Request and Clarification Dwg. Provided via 04.08.21 Email to Include Drill/Epoxy of Reinf. Stl. Labor: Qty Unit Unit Cost Total Carpenter 10.00 MH $78.45 $784.50 Laborer 10.00 MH $71.32 $713.20 Labor Total: $1,497.70 Materials: Qty Unit Unit Cost Total Misc. Form Lumber, Rebar, S/L Concr., Epoxy Kits, Etc. 1.00 LS $635.00 $635.00 Material Total: $635.00 Equipment: Qty Unit Unit Cost Total STS 10.00 HR $15.66 $156.60 Equipment Total: $156.60 Subcontract: Qty Unit Unit Cost Total $0.00 $0.00 Subcontract Total: $0.00 Item Total: $2,289.30 Furnish and Installation of SCRWF Replacement Slide Gates Item 2 WG-111 & WG-112 GHD's 03.23.21 Email Request and Clarification Dwg. Provided via 04.08.21. Labor: Qty Unit Unit Cost Total Operating Engineer 10.00 MH $106.59 $1,065.90 Mechanic/Fitter 20.00 MH $122.48 $2,449.60 Laborer 20.00 MH $71.32 $1,426.40 Labor Total: $4,941.90 Materials: Qty Unit Unit Cost Total Replacement Slide Gates WG-111 & WG-112 1.00 LS $10,592.00 $10,592.00 Misc. Grout, Epoxy Kits, Etc. 1.00 LS $350.00 $350.00 Material Total: $10,942.00 Equipment: Qty Unit Unit Cost Total 75 T RT Crane 10.00 HR $160.07 $1,600.70 STS 20.00 HR $15.66 $313.20 Equipment Total: $1,913.90 Subcontract: Qty Unit Unit Cost Total $0.00 $0.00 Subcontract Total: $0.00 Item Total: $17,797.80 QUOTATION NO: 16285 CO. No.1 Water Control Gates Division of ISE METAL Inc. Date: 2021-04-22 20 Windsor Rd www.ISEaquanox.com Sherbrooke, QC [email protected] To: Michael F. Ronca J1C 0E5 Ph.: 819-769-0157 Att of: Scott Wachinski PROJECT: South Coastal Regional Wastewater Facilities Treatment Upgrade No.3 Frankford DE Itm Description Qty Unit USD Total USD 01 Tag: WG-111 1 5 423 5 423 Fontaine-Aquanox Series 25 Channel Gate Model: 253-Y4X-46x50-A-CW/FE-5 Dimensions: 46in x 50in Design Pressure (On/Off): 4.2ft/4.2ft Installation depth: 5.00ft Self contained frame, Single Rising Stem Mounting: Face of Wall Material: 316L stainless steel Operator: Yoke mounted electric actuator Anchors not-included (Dia.: 0.50in, Qty=31) Certification: AWWA C561-14 02 Tag: WG-112 1 4 897 4 897 Fontaine-Aquanox Series 25 Channel Gate Model: 253-Y4X-36x50-A-CW/FE-5 Dimensions: 36in x 50in Design Pressure (On/Off): 4.2ft/4.2ft Installation depth: 5.00ft Self contained frame, Single Rising Stem Mounting: Face of Wall Material: 316L stainless steel Operator: Yoke mounted electric actuator Anchors not-included (Dia.: 0.50in, Qty=31) Certification: AWWA C561-14 Sub-Total: 10 320 Freight Charges: 272 Field Service: (0 visits, 0 days on site): - Total Net Price (USD): 10 592 NOTES: 1. Note that gates, stop logs and stop plate frames cannot always be shipped 100% assembled and might require some field assembly. Stems need to be aligned, operators installed and long self contained gate frames (>10ft - 3m) assembled. This is part of gate installation and common to all manufacturers, per industry standards. Detailed instructions are available in our manuals available online. Page 1 de 2 2. #N/A 3. Please note that the American Iron and Steel (AIS) requirement of projects funded by EPA's SRF do NOT apply to gates. Gates are mechanical equipment, and have been specifically excluded from the list of equipment covered by AIS requirements. CONDITIONS: Lead Times: Submittal Drawings: 3-4 Weeks Gate(s) Shipment: 14-16 Weeks after approval VRAI Actuator(s) Shipment: 14-16 Weeks after approval Above lead times are based on average shop loading and are subject to change depending on actual work load at the time of the order. Taxes: All applicable taxes extra Currency: USD Payment Terms: Net 30 days Freight (Incoterms): FCA (freight prepaid) to destination Via LTL dry box, not unloaded. Validity: 60 days Field Service: Not included, unless indicated in price above If required: 850/day, plus travel and living expenses Carl Bélisle For more information on this quote: Project Manager Dwight Swan [email protected] Envirep, Inc. 819-769-0157 ext 381 3705 Trindle Road, Camp Hill, PA 17011-4334 717-761-7884 [email protected] Page 2 de 2 Request for Proposal Project Title SCRWF Upgrade No. 3 & RBWWTP CIP Upgrade Phase 2 Owner Sussex County, Delaware Contract No. C19-11: General Construction GHD Project No. 11121182 Contractor is requested to provide a Change Proposal for the following proposed modifications to the Work. This request alone neither directs nor approves any change to the Work nor any adjustments to the Contract Price or Contract Times. Contractor’s proposal shall be submitted to Engineer for review and shall adhere to all requirements of the Contract Documents. If found acceptable to Owner and Engineer, Contractor’s Change Proposal will be incorporated into the Work via Change Order. RFP No. 034 RFP Subject SCRWF Headworks Gates Issued By S. Clark Issue Date Mar. 23, 2021 Description of proposed changes: Observations made during the bypass event have identified that two of the existing headworks slide gates that were intended to remain in place will need to be replaced. Contractor is requested to submit a proposal for replacing these two slide gates, WG-111 and WG-112. The new gates shall be stainless steel in accordance with the requirements of Section 11291. New electric actuators are already included in the contract, so this proposal shall include the gates and corresponding installation costs only. GHD 16701 Melford Boulevard Suite 330 Bowie Maryland 20715 USA T 240 206 6810 F 240 206 6811 W www.ghd.com N:\US\Bowie\Projects\111\11121182 South Coastal Expansion\TECH\Construction\Work Changes\Request for Proposals\RFP-034 SCRWF Headworks Gates\RFP-034 SCRWF Headworks Gates.docx Memorandum TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable John L. Rieley, Vice President The Honorable Cynthia C. Green The Honorable Douglas B. Hudson The Honorable Mark G. Schaeffer FROM: Hans Medlarz, P.E., County Engineer RE: IBRWF –BIOSOLIDS & SEPTAGE FACILITIES, PROJECT 18-19 A. Close-out Change Order No. 10 & Substantial Completion DATE: May 25, 2021 On June 2, 2015, County Council initiated a comprehensive biosolids approach at the Inland Bays Regional Wastewater Facility (IBRWF) by approving Whitman, Requardt & Associates’ (WRA) base contract Amendment No. 5 for the evaluation of Class A sludge drying options. During the FY17 County Council budget workshop, the Engineering Department presented drying alternatives and a list of potential municipal partners. The selected approach was integrated in the County’s subsequent budget. Due to timing Project 18-19 was developed on a design assumption of a possible third storage lagoon. It was awarded that way by County Council on June 26, 2018 to Bearing Construction, Inc. in the amount of $13,668,346.00. DNREC’s support of the elimination of the storage lagoon later on allowed a modification of the “as bid” gravity discharge piping, netting a credit of $73,697.95. However, during the submittal process it became evident that larger sludge cake handling pumps and an associated pump station footprint increase were required resulting in a cost increase of $73,376.48. The resulting Change Order No. 1, in the net deduct amount of ($321.47) was approved by Council on October 1, 2019. IBRWF is one of the sites where the County is pursuing regional stormwater quality improvements. However, at the time of submittal the proposed banking program was under DNREC review and comments were only received in November of 2020. Therefore, the anticipated stormwater enhancements were not yet built and available for use. Tying the project into County owned stormwater quality credits would have been preferable since the IBRWF is a challenging site to meet individual stormwater requirements. Project 18-19’s construction documents “as bid”, envisioned an innovative low-cost solution which ultimately was rejected by DNREC. The basic, regulatory compliant approach later approved by the Sussex Conservation District, was more involved but less expensive than paying the State’s “fee in lieu”. Therefore, the IBRWF – REGIONAL BIOSOLIDS & SEPTAGE FACILITIES FINAL BALANCING CHANGE ORDER & SUBSTANTIAL COMPLETION MAY 25, 2021 permitted solution was pursued under a time & material approach resulting in Change Order No. 2 in the amount of $258,451.63. Approximately 30% of this cost was related to beneficial regrading of spray fields which was accomplished by using material excavated from the stormwater facility. The time required by WRA and the Department to work through the modification associated with the stormwater improvements triggered a compensatory 81 calendar day contract time extension. The costs of carrying the general conditions associated with each day are known and the parties tracked the working days contractor’s staff was on-site to a total of 45 days in that period. The Engineering Department concurred with Change Order No. 3 in amount of $61,878.66 to compensate for costs incurred by the contractor during the 81-day time extension. In an initial value engineering attempt, the Department identified an option which would eliminate process by-pass pumping during construction without negatively impacting either the project integrity or schedule. The value was determined as a combination of equipment rental and labor cost to set-up and operate the system. Credit Change Order No. 4 was developed in the deduct amount of ($77,000.00), eliminating the by-pass pumping requirement. The associated Change Order Nos. 2, 3 & 4 were approved by Council on January 14, 2020. The County’s IT Department requested a scope modification from multi-mode fiber to single mode fiber for improved communication capability in addition, the Environmental Services Division requested a communication ductbank extension to the future filtration building location resulting in a combined valuation of $16,954.95. The elimination of the storage lagoon no. 3 had allowed a modification in the plant’s gravity discharge piping resulting in the credit covered under Change Order No.1. Additional cost savings were identified by no longer routing the effluent forcemain as well as the electrical ductbank around the deleted lagoon shortening the distance significantly for a credit valued at ($92,258.68). On April 28, 2020 County Council approved Change Order No. 5 covering both items in the net deduct amount of ($75,303.73). By regrading the entrance section of the facility, the Department was able to partially eliminate the stormwater pipe run between structures SD-12 & SD-13 under PCO-007. The material cost credit in addition to the reduced labor and equipment utilization resulted in an overall credit of ($23,011.34). The Department further reviewed the overall site grading for deficiencies as well as value engineering opportunities. Unfortunately, a large area south of the sludge cake storage building was holding water and could not be drained requiring an infiltration basin at a time & material cost of $92,361.50 covered under PCO-016. The value engineering opportunity resulted in a reduction of impervious surface area, the addition of level spreaders with infiltration wells and addressed the utility adjustments of all existing electrical manholes for a credit amount of ($13,902.92) summarized in PCO-015. The other item which surfaced at that time was the sludge cake piping. Change Order No. 1 had already addressed the increase in pump size however, the associated discharge piping issue within the station was left unresolved. The Engineering Department, in direct cooperation with the equipment manufacturer Komline-Sanderson, developed an alternate piping plan for the interior sludge cake pump station. The topic had been discussed between WRA and manufacturer during the design phase but was never fully incorporated in the construction documents. The associated IBRWF – REGIONAL BIOSOLIDS & SEPTAGE FACILITIES FINAL BALANCING CHANGE ORDER & SUBSTANTIAL COMPLETION MAY 25, 2021 cost for PCO-017 was $17,151.26. On July 28, 2020, Council approved Change Order No. 6 encompassing PCOs 007 & 015-017 in the combined amount of $72,598.50. During the final construction stages electric scope gaps were identified in PCO-018 in the amount of $14,499.29 for conveyor sensors and auger emergency shut offs. Furthermore, additional utility air and water piping, fittings, valves, and insulation to satisfy overall system performance were addressed under PCO-019 in the amount of $41,933.55. On September 22, 2020 Council approved Change Order No. 7 covering PCOs 018 & 019 in the combined amount of $56,432.84. In September all parties anticipated a full start up in early October. However, two days into start up on October 6, 2020 the thermal fluid pump started cavitating. Upon investigation, it was determined that the coating of the thermal fluid piping system had delaminated leaving no choice but complete piping replacement. The replacement was accomplished under an expedited time & material approach and completed within three weeks under PCO-021 at a cost of $82,838.58. The thermal fluid pump performed as designed during the November 3, 2020 restart despite a significant number of residual coating pieces still found in the strainer. Sludge drying at IBWRF was conceived as a 9-months, non-freezing weather operation in an open two-sided structure. This approach allowed the building to be permitted without a sprinkler system. In the light of the start-up delays and the mounting sludge inventories, the Department requested PCO-020 valued at $22,700.36 for a polyethylene curtain wall at the east side of the structure allowing extended operational capabilities. The curtain is installed but experienced significant movement during one of the more intense recent storms. Therefore, the Department requested PCO-025 valued at $4,488.00 to better secure the curtain during high wind events. On November 17, 2020 County Council issued Change Order No. 8 encompassing PCOs 020 & 021 in the combined amount of $105,538.94. PCO-017 part of approved Change Order No. 6 issued by Council on July 28, 2020, covered the interior sludge piping. Unfortunately, since then it was determined the underground sludge piping appears to be another significant contributor to the excessive pump discharge pressure encountered during the November 2, 2020 second start-up attempt. The Department, in cooperation with the contractor, developed an alternate aerial sludge piping system which has been implemented under PCO-022 on a time & material basis at a cost of $156,164.02.This cost includes system betterments such as flushing capabilities to allow for the winterization of the system. These features were successfully used in December 2020 when the system was shut down for the season. The third start up attempt in November 2020 was successful and the sludge feed was delivered to the dryer. The pressure in the piping system is now at 200psi maximum with the optimum design pressure being less than 150psi. Therefore, the Department laid out a lubrication system which was priced out by the contractor under PCO-024 at $65,780.40. This application will bring the operating pressures within the optimum range allowing long-term benefits. In addition, we determined that the sludge cake pump room floor was holding water. In order to achieve positive drainage, the Department requested PCO-022 to install a sloped epoxy flooring system valued at a discounted cost of $15,204.00. The discount takes into consideration the contractor’s responsibility on a percentage basis for the areas where the slope is out of specification. On January 12, 2021 Council approved Change Order No. 9 in the accumulative value of $241,636.42. IBRWF – REGIONAL BIOSOLIDS & SEPTAGE FACILITIES FINAL BALANCING CHANGE ORDER & SUBSTANTIAL COMPLETION MAY 25, 2021 In early February 2021 Bearing Construction, Inc. agreed to withdraw the previously submitted compensatory time extension change order and its associated costs in exchange for the County’s withdrawal of potential liquidated damages. In addition, the County and WRA settled on their contribution towards the three time & material change orders associated with the site design, thermal fluid piping and the sludge discharge piping. The dryer was restarted in March for County staff training and the required final performance testing prior to issuance of substantial completion. However, shortly after the restart a number of new operational problems surfaced requiring the following time & material modifications valued at $20,640.54: • Replace dryer off-gas fan motor with a continuous duty unit on a VFD. • Furnish and install a plant water strainer bypass for maintenance purposes • Furnish and install a thermostat-controlled exhaust fan for the compressor room. In addition, to the administratively approved work order the Department required the downtime of the unit be added to the performance test period extending it beyond the original test period finish date of April 15th. Since then the dryer has been performing within specification and the Engineering Department is recommending granting of substantial completion. With County staff trained and now performing continuous operations dust concerns have been raised. The issue was reviewed by the in-house safety team resulting in short term and long- term counter measure recommendations. The short-term approach was the direct purchase of a dust suppression system which is now in manufacturing and its arrival is slated for June. Bearing Construction, Inc. submitted change order pricing for the installation valued at $25,702.69. The Engineering Department requests issuance of the close out Change Order No. 10 in the aggregate amount of $46,343.23 coving the T&M work as well as the installation of the dedusting system. The long-term dust control solution will involve the construction of a compartmentalized wall separating the dryer operations from the truck bay. It must be self-supported with removable panel sections for dryer access. The Department is working with Bearing Construction, Inc on a design build proposal outside of the original contract since this work cannot be implemented until the dryer is winterized again in December of 2021. EJCDC~ £1101/IU:ns JOIN t CONTRJ.CT OOCUMClllS COMMlfTEt Change Order No. I 0 Date of Issuance: May 25, 2021 Effective Date: May25, 2021 Owner: Sussex County Owner's Contract No.: 18-19 Contractor: Bearing Constrnction, Inc. Contractor's Project No.: Engineer: Engineer's Project No.: Project: Inland Bays Regional Wastewater racility Contract Name: Regional Biosolids & Septage Facilities The Contract is modified as follows upon execution of this Change Order: Description: Attachments: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes In Milestones if applicable] Original Contract Price: Original Contract Times: 474 Calendar Days Substa ntial Completion: 474 Calendar Days $ 13 668 346.00 Ready for Final Payment:------ days or dates Increase from previously approved Change Orders No. _1 Increase from previously approved Cha nge Orders No. J.. to No._9_: to No. _8_: 81 days Substantial Completion: SSS Calendar Days $ 643 911.79 Ready for Final Payment: ______days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: SSS Calendar Days $ 14 312 257.79 Ready for Final Payment: ______days or dates Increase of this Change Order: [Increase] [Decrease) of t his Change Order: 0 days Substantial Completion: 5SS Ca lendar Days $ 46 343.23 Ready for Final Payment: ______days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: SSS Calendar Days Ready for Final Payment: ______ ACCEPTED: Engineer (if required) Owner (Authorized Signature) Title: c..,~~=.c Ti tle Date: s 0 :u Date Approved by Funding Agency (if applicable) By: Date: Title: EJCDc" C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1of1 INLAND BAYS REGIONAL WASTEWATER TREATMENT FACILITY REGIONAL BIOSOLIDS AND SEPTAGE FACILITIES Sussex County Project: 18-19 PROPOSED CHANGE ORDER PCO #18117-026 T&M Work: Strainer Bypass, VFD Install, Compressor Room Fan 1/5/2021 Background: Sussex County requests that T*M work to be performed which include Installation of a Strainer Bypass, VFD Install, and Addition of Compressor Room Fan. Scope Narrative: Bearing Construction and its subcontractors will procure the necessary materials, make the necessary modifications, and perform the installations requested, as directed by Sussex County. This proposal may be withdrawn if not accepted within fourteen (14) calendar days. This total proposed change order Respectfully submitted, Robert L. Saia, Jr. Robert Saia Project Manager Bearing Construction, Inc. PROPOSED CHANGE ORDER Date: 10-May-21 Proposed Change Order Number: 18117-026 Inland Bays Regional Wastewater Facility Upgrades Scope of Work T&M Work: Strainer Bypass, VFD Install, Compressor Room Fan Materials & Labor Material Labor Equipment Project Management $ - $ 1,520.00 $ - Mechanic/Technician $ - $ 1,575.00 $ - Labor $ - $ 750.00 $ - Materials (miscellaneous fittings) $ 4,711.52 $ - $ - $ - $ - $ - Materials Subtotal: $ 4,711.52 Labor Total: $ 3,845.00 Equipment Subtotal $ - 10% Overhead: $ 471.15 $ 384.50 $ - Labor, Materials, Equipment Costs with Taxes & Overhead: $ 9,412.17 Subcontract Bilbrough Electric VFD Istall $ 4,056.50 Bilbrough Electric Additional Trips/Service Calls $ 1,380.00 Bilbrough Electric Compressor Room Fan $ 5,257.18 $ - $ - Subcontract Subtotal: $ 10,693.68 5% Overhead on Subcontract Work: $ 534.68 Subcontract Costs with Overhead: $ 11,228.36 Total of Labor & Materials: $ 9,412.17 Total of Subcontract: $ 11,228.36 Subtotal of Materials & Subcontract: $ 20,640.54 Cost of Bond: $ - Total Proposed Change Order: $ 20,640.54 4/27/2021 T& M Job: Inland Bays WW Facility Project ~@fl ~I? tYJlilfJJ(] ~lhllliXY Description - Extra trips r t --! 410-479-4215 + -I t Materials Labor Price Ea. --f Materials Hours Ea. Labor Labor Qty. 11tem: 1 - __:-- or Per Foot Extended Hours Burden Extended orPetot f I ,_ 1 man 2 hrs/ clogged off spec conveyor motor tripped out 2 i· $!00.00 ~ $200.00 j ~ man 4 hrs rewire off spec fan on Saturday ~ 4 $100.00 $400.00 --t-I man 2 hrs off spec fan tripped overloads -1- 2 2 $100.00 I $200.00 1 man 4 hrs unwire & rewire pressure switch 4 4 $100.00 I $400.00 + ~ ~ +- + + +- + I·- I- !-- L--;-- ~ ~ Subtotal.I $0.00 Total Hours 1:-1 ~otal Labo 410·4?9·4215 -I . -C + i- ~ Labor Price Ea. ' Materials~::~;;~:~-r- -+ Labor Labor Qty. Item: or Per Foot _ Extended or Per Foot I Hours Burden Extended -I 11 11 22 x 22 Fan $1,350.00 I $1,350.00 5 5 $100.00 I $500.00 Roll of Flashing $250.00 !-- $250.00 3 3 $100.00 $300.00 +- ---t Mounting Harware $125.00 $125.00 2 -+--- 2 $100.00 $200.00 -,- + -! T-Stat $125.00 $125.00 $100.00 $100.00 + + 6 1/2 11 Seal tite $1.51 $9.06 0.05 0.3 $100.00 $30.00 ·I __,_ -t 2 1/2 11 seal tite 90s $8.29 $16.58 0.22 0.44 $100.00 $44.00 --+- 11 4 ] 1/2 seal tite straights ~ $4.49 $17.96__,_ 0.18 0.72 $100.00 $72.00 i- +- I f 1/2" rigid coupling $1.86 $1.86 0.18 0.18 $100.00 $18.00 + -! 300 # 12 THHN wire t $0.24 -1- $72.00 0.008 2.4 $100.00 $240.00 I + ·I I +- + + --l + -j -j Un wire, Move & rewire floats and new off gas fan 16 16 $100.00 $1,600.00 + + 2 men 8hr~ f -! -I +- -+ t + ... t T t +- -l Subtotal $1,967.46 ~ tal Hours j 31.04 TTotal Labori $2,604.00 lI f t 1 . Subtotal Labos:_t $2,604.00 Subtotall $4,571.46 Mark Up 15% $685.72 1 -j ~ Total w/Mark-up $5 ,257.18 t + + +- 4/27/2021 Work Done Job: Inland Bays WW Facility Project g@Jfl ~tr IYl!f1flJ11 &Jfhllm 2 $5.58 j $1J.l6 0.21 0.42 $100.00 $42.00 r4" to 112" Res ~ t 4 1/ 2" Seal tite connectors $4.49 $17.96 0.18 0.72 $100.00 f- 4 $72.00 5 1/2" Seal tite $1.51 $7.55 0.05 ·- 0.25 $100.00 +- $25.00 10 Strut $2.36-+ 0.14 1.4 r $100.00 $140.00 +- $23.6 ~ +- ~ 2 3/4" Strut straps & hardware $7.50 $15.00 0.3 I- 0.6 $100.00 $60.00 150 #14 THHN Wire $0.17 $25.50 0.006 0.9 $100.00 + $90.00 150 #12 THHN Wire $0.24 $36.00 0.008 1.2 $100.00 $120.00 -+ 2 men 4 hr~ on the 26th setting up VFD and putting system back on line 8 $100.00 $800.00 1 Subtotal $1,719.99 Total Hours 26.274 -+- Total Labor $2,727.40 Subtotal Laborl $1,807.40 Subtotal $3,527.39 1 4 Mark Up 15% $529.11 ~ +- Total w/Mark-up $4,056.50 EMAIL DUPLICATE INVOICE ~FERGUSON® WATERWORKS Deliver To: APRIL/ JIM/MARTHA FERGUSON WATERWORKS #920 From: Bob Johns PO BOX 417592 Comments: BOSTON, MA 02241-7592 Please Contact With Questions: 407-816-6550 Invoice Number Customer Page 0537061 22753 1 Please refer to Invoice Number when making payment and remit to: TOTAL DUE···> 495.95 FERGUSON WATERWORKS #920 PO BOX 417592 BOSTON, MA 02241-7592 Sold To: Ship To: BEARING CONSTRUCTION INC IBRWF (BEARING) IBRWF REGIONAL BIOSOLIDS 29445 INLAND BAYS ROAD 805 SHINE SMITH ROAD MILLSBORO, DE 19966 SUDLERSVILLE, MD 21668 Ship Sell Tax Customer Sales Invoice Whse Whse Code Order Number Person Job Name Date Batch 1883 1883 DEONLY JONT RWJ 10 FILLER 03/05/2021 57339 Ordered Shipped I Item Number I Description I Unit Price I UM I Amount 1 1 1SP-FFF10K78 110" X 2-718" FILLER FLANGE DI I 495.9501 EA I 495.95 Invoice SubM Total 495.95 Tax 0.00 Total Amt 495.95 TOTAL DUE···> 495.95 ALL ACCOUNTS ARE DUE AND PAYABLE PER THE CONDITIONS AND TERMS OF THE ORIGINAL INVOICE. ALL PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE AT THE MAXIMUM RATE ALLOWED BY STATE LAW PLUS COSTS OF COLLECTION INCLUDING ATTORNEY FEES IF INCURRED. FREIGHT TERMS ARE FOR OUR DOCK UNLESS OTHERWISE SPECIFIED ABOVE. COMPLETE TERMS AND CONDITIONS ARE AVAILABLE UPON REQUEST OR CAN BE VIEWED ON THE WEB AT https://www.ferguson.comlcontentlwebsite-lnfolterms-of-sale GOVT BUYERS: ALL ITEMS QUOTED ARE OPEN MARKETUNLESS NOTED OTHERWISE. LEAD LAW WARNING: IT IS ILLEGAL TO INSTALL PRODUCTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH US FEDERAL OR OTHER APPLICABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUMPTION. PRODUCTS WITH 'NP IN THE DESCRIPTION ARE NOT LEAD FREE AND CAN ONLY BE INSTALLED IN NON-POTABLE APPLICATIONS. BUYER IS SOLELY RESPONSIBLE FOR PRODUCT SELECTION. EMAIL DUPL/CA TE INVOICE ~FERGUSON® WATERWORKS Deliver To: APRIL/ JIM/MARTHA FERGUSON WATERWORKS #920 From: Bob Johns PO BOX 417592 Comments: BOSTON, MA 02241-7592 Please Contact With Questions: 407-816-6550 Invoice Number Customer Page 0541605 22753 1 Please refer to Invoice Number when making payment and remit to: TOTAL DUE···> 4215.57 FERGUSON WATERWORKS #920 PO BOX 417592 BOSTON, MA 02241-7592 Sold To: Ship To: BEARING CONSTRUCTION INC IBRWF (BEARING) IBRWF REGIONAL BIOSOLIDS 29445 INLAND BAYS ROAD 805 SHINE SMITH ROAD MILLSBORO, DE 19966 SUDLERSVILLE, MD 21668 Ship Sell Tax Customer Sales Invoice Whse Whse Code Order Number Person Job Name Date Batch 1883 1883 DEONLY JONT RWJ BYPASS LINE 04122/2021 57769 Ordered Shipped Item Number Description Unit Price UM Amount JON T 302-245-2198 PLEAES CALL JON BEFORE DEL 15 15 FNWNBGS41RF8U 6 304 SS 150# RR FF 118 FLG SET 39.810 EA 597.15 2 2 MA236206UOL 6 FLG RWOL GATE VLV WIHIWHL 840.000 EA 1680.00 1 1 FTPCU 6 FLG C110 TEE PC 218.740 EA 218.74 1 1 SP-FFPUGSD 6" X 1'5-1/2" FLG X FLG DI SPL 252.700 EA 252.70 2 2 SP-FFPUGX1316 6"X 1'8'13116" FLG X FLG DI SPL 280.000 EA 560.00 2 2 FFPUK 6X2'0 FLGXFLG CL BT DI SPL 280.000 EA 560.00 2 2 F9PCU 6 FLG 90 C110 BEND PC 147.000 EA 294.00 1 1 L08907 16 OZ EZ BREAK ANTI SEIZE CMPD 28.990 EA 28.99 1 1 MSMP91009 MPACT SAF GLV YELL 9 MED 23.990 PR 23.99 Invoice Sub-Total 4215.57 Tax 0.00 Total Amt 4215.57 TOTAL DUE···> 4215.57 ALL ACCOUNTS ARE DUE AND PAYABLE PER THE CONDITIONS AND TERMS OF THE ORIGINAL INVOICE. ALL PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE AT THE MAXIMUM RATE ALLOWED BY STATE LAW PLUS COSTS OF COLLECTION INCLUDING ATTORNEY FEES IF INCURRED. FREIGHT TERMS ARE FOR OUR DOCK UNLESS OTHERWISE SPECIFIED ABOVE. COMPLETE TERMS AND CONDITIONS ARE AVAILABLE UPON REQUEST OR CAN BE VIEWED ON THE WEB AT https:l/www.ferguson.comlcontentlwebsite-info/terms-of-sale GOVT BUYERS; ALL ITEMS QUOTED ARE OPEN MARKETUNLESS NOTED OTHERWISE. LEAD LAW WARNING: IT IS ILLEGAL TO INSTALL PRODUCTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH US FEDERAL OR OTHER APPLICABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUMPTION. PRODUCTS WITH 'NP IN THE DESCRIPTION ARE NOT LEAD FREE AND CAN ONLY BE INSTALLED IN NON-POTABLE APPLICATIONS. BUYER IS SOLELY RESPONSIBLE FOR PRODUCT SELECTION. INLAND BAYS REGIONAL WASTEWATER TREATMENT FACILITY REGIONAL BIOSOLIDS AND SEPTAGE FACILITIES Sussex County Project: 18-19 PROPOSED CHANGE ORDER PCO #18117-027 T&M Work: De-dust Skid 5/17/2021 Background: Sussex County requests that T&M work to be performed which include Installation of a De-dust Skid Scope Narrative: Bearing Construction and its subcontractors will procure the necessary materials, make the necessary modifications, and perform the installations requested, as directed by Sussex County. This proposal may be withdrawn if not accepted within fourteen (14) calendar days. This total proposed change order Respectfully submitted, Robert L. Saia, Jr. Robert Saia Project Manager Bearing Construction, Inc. PROPOSED CHANGE ORDER Date: 13-May-21 Proposed Change Order Number: 18117-027 Inland Bays Regional Wastewater Facility Upgrades Scope of Work T&M Work: De-Dust Skid Materials & Labor Material Labor Equipment Project Management $ - $ 760.00 $ - Mechanic/Technician $ - $ 4,200.00 $ - Labor $ - $ 800.00 $ - Materials (pipe stands) $ 2,500.00 $ - $ - $ - $ - $ - Materials Subtotal: $ 2,500.00 Labor Total: $ 5,760.00 Equipment Subtotal $ - 10% Overhead: $ 250.00 $ 576.00 $ - Labor, Materials, Equipment Costs with Taxes & Overhead: $ 9,086.00 Subcontract Bilbrough Electric De-Dust Skid AC Connection $ 7,751.86 Tri-State Insulation $ 654.80 Ferguson $ 7,418.76 $ - $ - Subcontract Subtotal: $ 15,825.42 5% Overhead on Subcontract Work: $ 791.27 Subcontract Costs with Overhead: $ 16,616.69 Total of Labor & Materials: $ 9,086.00 Total of Subcontract: $ 16,616.69 Subtotal of Materials & Subcontract: $ 25,702.69 Cost of Bond: $ - Total Proposed Change Order: $ 25,702.69 1 1.-A.Jl~o °@~ t t 5/14/2021 Proposed Change Order ~ U@o CT~@o Revised Job: Inland Bays WW Facility Project J (b@f] ~If lY11f111J(] ~{1JfJ[jJ@J 410·4'l9·4Zl5 Price Ea. Materials Qty. Item: 1_ - r Per Foot Extended 130 3/4" PVC Coated Conduit $8.33 $1,082.90 3/4" PVC coated LB $93.97 $93.97 2 3/4" PVC coated Hub $63.74 4 3/4" PVC coated 90 $33.75 10 3/4" PVC coated straps & back straps -r $53.97 10 3/4" Strut Stainless steel $16.17 f- 400 #12 THHN Wire $0.25 300 # 14 Control Wire $0.20 1 MCC Breaker T $425.00 Starter/Overload $375.00 l Remote HOA Nema 4X --r $425.00 _j_ Any and All programming done by othe ~ ~ ****This PCO only good for 15 days due to material increases**** I -.- 1- -t Subtotal $3,525.75 Total Hours 32.15 _ Total Labor t $3,215.00 - --+-- Subtotal Labor $3,215.00 --t-- -l Subtotal $6,740.75 +- I Mark Up 15% $1 ,011.11 +--- Total w/Mark-up $7,751.86 FEL WATERWORKS #1883 Deliver To: 28596 NAYLOR MILL RD From: Bob Johns SALISBURY, MD 21801-0000 Comments: Phone: 410-677-6793 Fax: 410-543-9646 13:06:49 MAY 10 2021 Page 1 of 2 FERGUSON WATERWORKS #920 Price Quotation Phone: 410-677-6793 Fax: 410-543-9646 Bid No: B392962 Cust Phone: 410-556-6064 Bid Date: 05/10/21 Terms: NET 10TH PROX Quoted By: RWJ Customer: BEARING CONSTRUCTION INC Ship To: BEARING CONSTRUCTION INC IBRWF REGIONAL BIOSOLIDS IBRWF REGIONAL BIOSOLIDS 805 SHINE SMITH ROAD 805 SHINE SMITH ROAD SUDLERSVILLE, MD 21668 SUDLERSVILLE, MD 21668 Cust PO#: Job Name: ,ARK SPRY LINE Item Description Quantity Net Price UM Total FNW100AG 1 SS 1000# THRD 1PC RP BV LL 1 74.899 EA 74.90 D200DSS 2 SS QUICK COUP D 1 86.721 EA 86.72 IS4CTBKG 2X1 SS 304 150# THRD BUSH 1 14.503 EA 14.50 WLF777SIG LF 1 BRZ 400# IPS WYE STRN 1 66.259 EA 66.26 FNW200AD 1/2 SS 1000# THRD 2PC FP BV LL 5 49.835 EA 249.18 FNW200AB 1/4 SS 1000# THRD 2PC FP BV LL 1 49.309 EA 49.31 SP-PRH09IO5T 1/2 SS PRV 300# 1 1795.374 EA 1795.37 W9699142 *NP 4 SS/BR LFI GA 0-300 1/4 LM 213 1 65.047 EA 65.05 SP-K100ML 100 ML CALIBRATION COLUMN 1 122.384 EA 122.38 SP-SST8S03520 1/2 SS TUBE X 20' .35 WALL 40 15.665 FT 626.60 SP-SST16S08320 1 OD X .083 WALL TUBING 20 49.135 FT 982.70 SP-SS810-3 1/2 SS UNION TEE 5 80.773 EA 403.87 SP-SS161016 1" OD X 1" MNPT CONNECTOR 4 78.974 EA 315.90 SP-SS81018 1/2 IN. TUBE OD X 1/2 IN. MALE NPT 10 29.531 EA 295.31 SP-SS8109 1/2 SS SWAGELOKE COMP 90 10 58.255 EA 582.55 IS4CTBDB 1/2X1/4 SS 304 150# THRD BUSH 1 2.166 EA 2.17 IS4CTBGD 1X1/2 SS 304 150# THRD BUSH 1 4.406 EA 4.41 DS44NDU 1/2X6 S40 304L WLD NIP TBE 2 5.777 EA 11.55 SP-SSXT8MU8PM-12 1/2" X 12" COREFLEX SS MIPT SW X MP 2 228.919 EA 457.84 SP-SSXT16MU16PM120 1" X 120" COREFLEX SS MIPT SW X M 1 1212.190 EA 1212.19 PLUS ANY FREIGHT LEAD TIME 10 DAYS CURRENT Net Total: $7418.76 Tax: $0.00 Freight: $0.00 Total: $7418.76 HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=1883&on=22753 Page 2 of 2 FERGUSON WATERWORKS #920 Price Quotation Fax: 410-543-9646 13:06:49 MAY 10 2021 Reference No: B392962 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at https://www.ferguson.com/content/website-info/terms-of-sale Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=1883&on=22753 TRI-STATE INSULATION, INC. Invoice PO BOX 1774 SALISBURY, MD 21802-1774 Date Invoice # PHONE (410)742-5237 5/13/2021 26509 FAX (410)742-7107 Bill To BEARING CONSTRUCTION CO. 805 Shine Smith Rd. Suddlersville, MD 21668 P.O. No. Terms Inland Bay WWTP Net 30 Quantity Description Rate Amount Labor and materials to insulate piping and fittings at Inland Bays 0.00 0.00 WWTP in Millsboro, DE per John Thiel. 8 Man Hours 44.00 352.00 Materials 302.80 302.80T MATERIALS DELIVERED TO DELAWARE 0.00% 0.00 Total $654.80 Payments/Credits $0.00 Balance Due $654.80 BEARING CONSTRUCTION, INC. 805 Shine Smith Road Sudletsville, MD 21668 (410)556-6100 (410)556-6574 fax www.bearingconstruction.net 111112021 To: Sussex County Dept. of Engineering Attn: Hans Medlarz Inland Bays Regional Wastewater Facility 29445 Inland Bay Road Millsboro, Delaware 19966 Re: Extended Schedule/Additiona l Days Request Mr. Medlarz, Bearing Construction previously submitted, on July 17111, 2020, a formal change order request for 150 additional days to be added to the construction schedule, valued at $193,806.54. Bearing Construction, Inc. hereby fonnally retracts this compensatory change order request in lieu of an agreement that Sussex County does not hold Bearing Construction, Inc. responsible for any liquidated damages as it may apply to the constrnction schedule and Bearing Construction would do the same in reciprocation. Bearing Construction, Inc. and our subcontractors plan to be back on-site, weather permitting, on March 8t11,2021, to resume training and start-up, and to have the remaining work to be completed April 9t1', 2021. This provision is included in the liquidated damages as well in this agreement. We request that yo i r pond to this letter, with approval, as soon as possible. . / Sussex County Representative X ~-j~~~~~~'.'.___~t:?t~...... -\_..!; ::..!!!::S7- ::...... :r---=..!::_ Hans M. Medlarz Sussex County Engineer Memorandum TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable John L. Rieley, Vice President The Honorable Cynthia C. Green The Honorable Douglas B. Hudson The Honorable Mark G. Schaeffer FROM: Hans Medlarz, P.E., County Engineer RE: Herring Creek Sanitary Sewer District: North Gravity Sewer and Force Main, Project S20-07 A. Change Order No. 4 DATE: May 25, 2021 On August 2, 2016, County Council created the Herring Creek Area Expansion of the Sussex County Unified Sewer District. On October 2, 2018, County Council approved WRA Associates, Inc.’s professional services Amendment No. 1 under the Herring Creek base contract for the final design followed by an approval on November 19, 2019 for the contract administration and inspection of Project S20-06 exclusively. The construction administration and inspection services associated with all three gravity sewer construction contracts were approved by County Council on February 16, 2021. On March 20, 2017, the Finance Department filed an overall funding application for approximately $20,500,000 with USDA/Rural Development, Rural Utility Service. Ultimately USDA funding was obligated over three (3) funding cycles. Due to the size of the project USDA requested a phasing plan. Phase 1 encompasses the pump stations and pressure mains, Phase 2 provides the sewer collection system off Sloan Road, Phase 3 provides the collection system for all minor and major subdivisions off Banks Road and Phase 4 includes the collection system in the Winding Creek Village subdivision. On October 8, 2019, the Herring Creek Sanitary Sewer District Phase I project was awarded to Chesapeake Turf, LLC in the amount of $5,256,760.00. On June 25, 2020, bids for the North Gravity Sewer and Force Main, Project S20-07 were publicly advertised and on July 23, 2020, eight (8) bids were received. JJID, Inc, of Bear, Delaware submitted the low base bid of $5,091,000.00. Herring Creek Sanitary Sewer District: North Gravity Sewer & Force Main, Project S20-07 May 25, 2021 All four Herring Creek projects phases have some built in contingencies, but most likely some supplemental federal funding will be required for the final two phases. On August 11, 2020 County Council awarded the project to JJID, Inc. contingent upon USDA concurrence. Said concurrence was issued by the agency on October 14, 2020. Herring Creek Sanitary Sewer District, South Gravity Sewer & Force Main, Project S20-08 in the Banks Road area had been delayed due to extensive DelDOT permitting interaction. This project included the directionally drilled forcemain under Hopkins Prong which ties to a manhole included in the North Gravity Sewer & Force Main, Project S20-07. In order to bring the sequencing back in line, County Council approved Change Order No. 1 on December 15, 2020 in the amount of $259,900.00 for the directional drilling work and $1,500.00 for the cost of appraisal necessary for easements within the work area. The Department had been holding on to a number of smaller cost items to combine them into Change Order No. 2. The first item is the requirement to use American Iron & Steel in this contract. The casing under RET-24 had an American mill certification but was purchased from a distributor rather than the mill making it impossible to obtain the USDA required certification. The County paid for 50% of the material cost directly to the subcontractor while JJID, Inc. offered a 100% credit. The second item was the switch to 6-inch forcemain valves which did not have a unit cost bid item. The third and last item was the construction of a portable noise reduction enclosure around the dewatering pump. This benefitted the citizens and the contractor. Therefore, JJID, Inc waived the allowed mark-ups. The net value of Change Order No. was $2,273.11. JJID, Inc. encountered a deteriorated stormdrain pipe on Mariners Way near the intersection of Dolphin Drive in Herring Creek Estates. The pipe condition was not conducive to crossing under it with the sewer main and the field decision was made to replace it on a time and material basis. The contract has contingent replacement pricing for pipe 18-inch in diameter or less, but this was an elliptical type, more expensive reinforced concrete pipe which led to the T&M approach. JJID utilized one day of crew time plus material costs and mark-up not to exceed $7200.00. On April 13, 2021 County Council approved Change Order Nos. 2 & 3 in the recommended amounts. Part of the contract requires the connection of the Brandywood Subdivision to the existing sewer system at the Villas at Waldon. However, when JJID pulled the plug from the existing terminal clean out sewage was running into the trench. Upon elevation checks it was discovered that the invert of terminal clean out was 0.15’ lower than the manhole invert in Walden hence the pipe segment was installed at the wrong slope. Luckily, there was sufficient fall between the end of the pipe from Brandywood and the existing manhole in Walden. But tying into the existing manhole entailed cutting and removing sidewalk and curb. Since JJID was already mobilized they tied-in the sewer under the County project while developer’s contractor assumed the sidewalk and curb repairs under the development project. All the work is completed, and the Engineering Department is requesting County Council’s concurrence to issuance of time & material Change Order No. 3 in the amount of $9,766.95. Change Order No. 4 Date of Issuance: 5/25/21 Effective Date: 5/25/21 Owner: Sussex County Owner's Contract No.: 820-07 Contractor: JJID, Inc. Contractor's Project No .: Engineer: Whitman, Requardt & Associates Engineer's Project No.: Project: Herring Creek Sanitary Sewer District: Contract Name: North Gravity Sewer & Force Main The Contract is modified as follows upon execution of this Change Order: Brandywood Subdivision tie-in. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACTTIMES [note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Sub sta n ti a I Comp Iet ion: __ ..__.___ ·-----··-·---··---·--- ·-·-----... $ 5 091 000.00 Ready for Final Payment: 365 calendar days Increase from previously approved Change Orders No. Increase from previously approved Change Orders No. to No. _3_: ~to No._: Substantial Completion:------$ 269 373.11 Ready for Final Payment: ______ 365 calendar days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: ______$ 5 360 373.11 Ready for Final Payment: ______365 calendar days Increase of this Change Order: [Increase] [Decrease] of this Change Order: 0 days Substantial Completion:_·------·-----··--- Ready for Final Payment:. 365 calendar days Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: _1_1.._/8_,_/_2_1______$ 5 370 140.06 Ready for Final Payment: ______ ACCEPTED: By: qg::L#~ By: ------·-·----- By: Engineer (if required) G Owner (Authorized Signature) Title: County Engineer Title: Title: Date: Date: Date: 5/21/2021 ----~------· Approved by Funding Agency (if applicable) By: Date: EJCDc" C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 1of1 Title: EJCDC" C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 2ofl Change Order Request Form Subcontractor Name: JJID,Inc Request Description: Downtime and Repair Schell Brothers 4-02-21 & 4-08-21 Job 1367-Herring Creek Labor Breakdown Description of Work (I.e. foreman, laborer) Cost / Hr # of Hrs this Change Total 74.50 Foreman 26.00 $ 1,937.00 45.50 Laborers 24.00 $ 1,092.00 61.00 Operator 24.00 $ 1,464.00 48.50 Truck Driver $ - Total Labor Cost for Change $ 4,493.00 EquipmentBreakdown List of All Materials Changed Cost / Unit # of Hrs this Change Total Excavator $175.00 16.00 $ 2,800.00 Loader $86.50 0.00 $ - Foreman Truck w/Tool Allowance $35.00 0.00 $ - Roller $60.00 0.00 $ - Back Hoe $75.00 16.00 $ 1,200.00 Mack Dump Truck $65.00 0.00 $ - Total Equipment Cost for Change $ 4,000.00 Material Breakdown List of All Materials Changed Cost / Unit Quantity of Material Total $0.00 0.00 $ - $0.00 0.00 $ - $0.00 0.00 $ - $0.00 0.00 $ - $0.00 0.00 $ - Total Material Cost for Change $ - Subcontractor Breakdown Description of Sub Work Cost / Unit Quantity of Material Total $0.00 0.00 $ - $0.00 0.00 $ - Total Subcontractor Cost for Change $ - Total Labor/Equipment Cost = $ 8,493.00 Total Material Cost = $ - Total Subcontractor Cost = $ - 15% Overhead & Profit $ 1,273.95 10% Subcontractor $ - Total Change Order Request $9,766.95 Memorandum TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable John L. Rieley, Vice President The Honorable Cynthia C. Green The Honorable Douglas B. Hudson The Honorable Mark G. Schaeffer FROM: Hans Medlarz, P.E., County Engineer RE: Western Sussex Transmission Facilities, A. Contract 4, Project S19-28 – Change Order No. 5 & Substantial Completion DATE: May 25, 2021 In February 2017, the municipal councils of Bridgeville and Greenwood requested investigation of an alternate County Sewer District based scenario. On August 22, 2017, County Council adopted a resolution establishing the Western Sussex Area of the Unified Sewer District pursuant to Title 9 Del. Code § 6501. However, until June 30th Bridgeville will own and operates the sewer system serving the Bridgeville/Greenwood area. The County submitted the project to DNREC for funding consideration under the Clean Water State Revolving Fund and on August 14, 2018, the State issued a binding commitment offer in the overall amount of $16,634,748 to be repaid within 30-years with 2.5% interest. On November 27, 2018, Council accepted the offer and approved the associated borrowing ordinance. After project completion, $3,200,000 will be applied in principle forgiveness reducing the overall borrowing. On May 15, 2020 the County filed a supplemental CWSRF funding request in the amount of $850,000 which was approved by the Water Infrastructure Advisory Council on July 21, 2020 in the form of “Loan Forgiveness”. On December 5, 2017, Council approved the GMB, LLC base contract in conjunction with Amendment No.1 in the amount of $ 1,302,178.00 for engineering planning, design and construction phase services for the transmission facilities to convey wastewater from the Towns of Bridgeville and Greenwood to Seaford for treatment and disposal. As part of the design, the Engineering Department, in cooperation with GMB, reviewed potential system inflow and infiltration sources with the objective to remove some under the project, retaining as much treatment & transmission capacity as possible. Subsequently, Western Sussex Transmission Facilities Contract 4 - Change Order No. 5 & Substantial Completion May 25, 2021 Council approval GMB’s Amendment 2 for flow monitoring services on April 2, 2019 in the amount of $25,000.00. GMB’s original fee estimate included 65 weeks of construction administration and inspection services. Due to the DelDOT required phasing of the project it has now an actual construction period of 80 weeks. On November 10, 2020 Council approved GMB’s Amendment 3 in the amount of $22,000.00 covering 15 more weeks of professional services. The construction project has three (3) components; (i) transmission, (ii) treatment plant demolition / maintenance garage construction and (iii) the “green” Bridgeville Branch restoration project. The Western Sussex Transmission Facilities, Contract 6, Maintenance Garage/Office Building, Project S20-35 was awarded by Council on June 23, 2020 to GGI Builders, Inc. in the overall amount of $410,525.00. On December 8, 2020 County Council approved Change Order No.1 in the total amount of $9,393.99 for Office/Garage Building modifications. On March 9, 2021 Council issued the balancing Change Order No. 2 in the credit amount of ($19, 389.00) bringing the final contract price to $400,529.99 and granted final completion. The construction of the transmission project was further broken down in the following four (4) individual contracts based on DelDOT’s schedule requirements: • Contract No.1 to A-Del Construction Co, Inc. in the amount of $3,224,820.00, for the force main work in the RT-13 rights-of-way was awarded by Council on May 14, 2019. The balancing Change Order No. 2 was approved by County Council on June 28, 2020 together with granting of final project completion. • Contract No.2 to Pact One LLC in the amount of $2,063,255.00, for the gravity sewer upgrades was awarded by Council on May 14, 2019. The balancing Change Order No. 2 was approved by County Council on June 28, 2020 together with granting of final project completion. • Contract No.3 to A-Del Construction Co, Inc. in the amount of $2,980,602.00, for the force main work in the RT-13 Alternate and Herring Road rights-of-way was awarded by Council on January 7, 2020 and is now 100% complete awaiting balancing change order. • Contract No.4 to Zack’s Excavating, Inc. in the amount of $3,236,939.00 for gravity sewer equalization chambers and two (2) pump stations was awarded by Council on November 12, 2019. Construction of the southern pump station, under the future control & maintenance, was substantially complete by July 2020. However, the construction of the northern pump station in Bridgeville encountered a groundwater contamination problem which, if remediated, would have cost in excess of $250k. In addition, the Department discovered a construction sequencing issue involving the completion of the southern forcemain. In response to these challenges, the Engineering Department developed a value engineering approach detailed in Change Order No.1 in the not to exceed amount of $40,045.00 which was approved by Western Sussex Transmission Facilities Contract 4 - Change Order No. 5 & Substantial Completion May 25, 2021 Council on June 2, 2020 in connection with a no cost time extension as well as a contract suspension period. Contract No. 4 included RT-13 entrance improvements at the southern pump station which encountered unforeseen site conditions. In response, Council awarded Change Order No. 2 in the amount of $22,642.78 on July 28, 2020. On September 30, 2020 Zack’s Excavating, Inc. encountered a previously unknown ductile iron pipe within the area of the deep excavation for the placement of the pump station well structures. Zack’s Excavating, Inc.’s effort to locate, abandon, and relocate the 8-inch main to match existing water distribution service levels amounted to $11,101.94 while compensation for standby time of the pile driving crane & specialized equipment amounted to $21,542.25. The delay did not impact the critical path schedule and therefore no contractor overhead compensation for a time extension was included. On November 10, 2020 Council approved the associated Change Order No. 3 in the total amount of $32,644.19 without time extension. On February 3, 2021, Delmarva Power and Light contacted the Sussex County with an opportunity for net schedule and cost savings by adjusting the transformer type from pad mount to a pole mounted system. While this decreased the charges from Delmarva Power and Light, it actually increases the work for Zack’s Excavating Inc.’s electrical subcontractor by $5,504.87. However, the coordination with DP&L did affect the critical schedule and caused a two-week delay. In addition, the Environmental Services team did additional assessments of the Heritage Shores Pump Station pre-existing conditions and recommended additional upgrades to the existing SCADA system to bring it up to the current county standard exceeding the stipulated contract allowance by $16,000.00. On March 9, 2021 Council approved Change Order No. 4 in the amount of $21,504.87 and the associated two-week contract time extension. The work was progressing well with three gravity sewer lines successfully transferred from the existing municipal wastewater treatment plant to the new pump station. The fourth and final line had significant, previously unknown, infiltration. The Department requested a change order for the necessary repairs but Zack’s Excavating, Inc. declined any further change orders. Subsequently, after receiving concurrence from the funding agency, the Engineering Department mobilized the County’s General Labor & Equipment contractor to the site. Furthermore, the Department suggested to transition to a lump sum approach, requesting credit proposals for several incidental work items and allowances as well as a lease fee for the continued use of the bypass pump associated with this gravity line in the net credit amount of ($ 92,704.30). In addition, a twenty days contract time extension was added for transition coordination. The project was substantially complete as of May 17th, and the Department has issued a punch list covering all items with the exception of the proposed credit lines. Therefore, the Engineering Department recommends Council’s acceptance of the close out credit Change Order No. 5 in the amount of ($92,704.30) as well as the granting of substantial project completion for Western Sussex Transmission Facilities, Contract 4, Project S19-28. EJCDC ..·.· " PiG l Nfrn~ JW! Date of Issuance: 5/25/21 Effective Date: 5125121 Owner: Sussex County Owner's Contract No.: Sl9-28 Contractor: Zack's Excavating, Inc. Contractor's Project No.: Engineer: George, Miles & Buhr Engineer's Project No.: Rl70219 Project: Western Sussex Transmission Contract Name: Facilities: Contract 4: Pumping Stations The Contract is modified as follows upon execution of this Change Order: Finalizing credit and allowances totals for contract close-out. Twenty (20) days of additional contract time due to coordination issues. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: -=9:..L./=1"-'7/'-"2=0 '------ $ 3 236.939.00 Ready for Final Payment:------270 calendar days Increase from previously approved Change Orders No. -1. Increase from previously approved Change Orders No. .1. to No . ..±___: to No. __!__: 144 calendar days Substantial Completion: _4"'"/=30"'"'/'"""2=1'------ $ 116 836.84 Ready for Final Payment: ------400 calendar days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: _4"'"/=30"'"'/'"""2=1'------ $ 3 353 775.84 Ready for Final Payment:------414 calendar days Decrease of this Change Order: Increase of this Change Order: 20 days Substantial Completion: =5/~2~0"'"/=2=1______$92 704.30 Ready for Final Payment:------434 calendar days Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: ~5~/_20~/_2_1______$3 261 071.54 Ready for Final Payment:------ ACCEPTED: By: ------By: Owner (Authorized Signature) Title Title: County Engineer ------Date: 5/21/2021 Date Dat e Approved by Funding Agency (if applicable) By: Date: Title: EJCDC" C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1of1 Zack Excavating, Inc. 2935 South Dupont Blvd Office: (302) 223-6223 Smyrna, DE 19977 Fax: (302) 223-6531 May 5,2021 Hans Medlarz #2 The Circle Georgetown DE 19947 RE; Change Orders I Extra Work Hans, Zack would like to decline doing any Change Order Work I Extra Work associated with WSTF Contract #4. We appreciate you giving us the opportunity to do some extra/added work, but we have scheduling obligations and can't stay parked on this job. We will finish our contractual obligations we have with the County for WSTF Contract #4. There are some pathways that have to be cleared for us to finish this project a. Plant has to be shutdown b. Clarifiers pumped and cleaned c. Demo clarifier # 1 and chlorine building We expect this work to be complete within 10 days of the date of this letter. We will be pulling bypass from MH # 10 will be pulled in 7 days from the date of this letter. Any questions please feel free to call me 302-545-3997 Res:e~!full~, /J /) ,~ t1Jt//tt ij ~vi!~~ c{( . William Czachorowski President Zack Excavating, Inc Memorandum TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable John L. Rieley, Vice President The Honorable Douglas B. Hudson The Honorable Cynthia Green The Honorable Mark G. Schaeffer FROM: Hans Medlarz, P.E., County Engineer RE: FY 2022 GENERAL LABOR & EQUIPMENT CONTRACT A. Project Bid Action – Rejection of all Bids B. Temporary Existing Contract Extension DATE: May 25, 2021 In the past, Sussex County followed a traditional design, bid and build approach. However, the increased capital project load associated with aging infrastructure required a more efficient delivery system. In response, the Engineering Department developed a competitively selected time and material, best value bid process consistent with the County Procurement Policy. The first General Labor & Equipment Contract for FY 17 was awarded to George & Lynch, Inc., on June 21, 2016, and was renewed on June 13, 2017, for an additional one-year period based on performance. Throughout this initial two (2) year timeframe, a significant workload was completed with considerable cost and time savings. Therefore, the Engineering Department re-advertised the contract in the spring of 2018 again using the “best value” approach. On April 24, 2018, Council awarded the FY 2019 General Labor & Equipment Contract to George & Lynch, Inc. This contract award was valid for one year, with an option for Council to extend it, based on contractor performance, for two (2) additional one-year periods at the same unit prices. On June 11, 2019, Council approved the first one-year contract extension through June 30, 2020 and on May 19, 2020, Council exercised the second one-year extension option under the unit prices previously bid The current General Labor & Equipment Contract expires on June 30, 2021. The bid schedule for the FY 2022 General Labor & Equipment Contract was structured on the actual hours spent on labor and equipment over the immediately preceding 12-months. The PUBLIC WORKS FY 2022 GENERAL LABOR & EQUIPMENT CONTRACT May 25, 2021 contract was publicly advertised using the “best value” approach by consideration of the following weighted factors: • Unit Bid Pricing 75 points • Qualification of Staff 5 points • Scheduling Response Times 10 points • Equipment & Labor Availability by Bidder 10 points Eleven (11) entities requested contract documents, four (4) qualified utility contractors attended the mandatory pre-bid meeting and on May 13, 2021, three (3) bids were received. During evaluation of the weighted factors, it was determined that some submission of the schedule and response times appeared to be not justifiable, and verification could pose liability exposure to the County. This makes an accurate best value decision under the advertised approach unattainable. The modified approach would pre-qualify bidders by demonstrating emergency response capabilities and redistribute the point scores as follows: • Unit Bid Pricing 80 points • Qualification of Staff 10 points • Equipment & Labor Availability by Bidder 10 points The Engineering Department recommends County Council reject all bids for the FY 2022 General Labor & Equipment Contract and re-advertise using the modified best value approach. The current contract expires on June 30th and no new work orders have been assigned since April. In order to allow the revised bidding to proceed, the Engineering Department recommends to County Council to extend the FY 2019 General Labor & Equipment Contract by 30 days for emergency work, as well as retaining the current contractor for completion of all task orders previously assigned. ENGINEERING DEPARTMENT ~us.sex Proposed Zinzer Property (Estuary Phase 5) Expansion of the Sussex County Unified Sanitary Sewer District PERMISSION TO POST FACT SHEET • Expansion of the Sussex County Unified Sanitary Sewer District (Miller Creek Area) • The Engineering Department has received a request from George, Miles & Buhr, LLC on behalf of their client Estuary Development, LLC the owners/developers of a project known as The Estuary for parcel 134-19 .00-105.05. • The project is proposed as 34 single family homes and is designated as Phase 5 of the project. • The project will be responsible for System Connection Charges of $6,360.00 per EDU based on current rates. • The Engineering Department would like to request permission to prepare and post notices for a Public Hearing on the annexation of the area. • A tentative Public Hearing is currently scheduled for July 13, 2021 at the regular County Council meeting. COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 589 GEORGETOWN, DELAWARE 19947 G M B GEORGE. MILES & BUHR. LLC • • •• April 16, 2021 ARCHITECTS ENGIN EERS Sussex County Engineering Department Utility Planning Sussex County Administrative Office Building, 3 rd Floor 206 WEST MAIN STRF.ET 2 The Circle, P.O. Box 589 SALISBUl1Y. MO 21801 Georgetown, DE 19947 PH: 410.742.3115 PH. 800 789.4462 Attn: Mr. John Ashman FAX: 410.548.5790 Re: Estuary Phase 5 (Zinszer) SALISBURY OALT1Mlf£ Tax Map Parcel Number: 134-1 9.00-105.05 SE MOOD Sewer System Extension Request GMB Job No. 180235 www.gmbnet.com Dear Mr. Ashman: • • • • Please accept this letter and fee as our request for the above reference parcel to be annexed into the Sussex County Unified Sanitary Sewer District. The parcel will consist of 34 single-family lots. If you should have any questions, please feel free to contact me at 410-74 2-3115. Sincerely, stl~ Sr. Vice President JllMES 11. WILLEY, JR .. P ( PETER II BOZICK. JR .. P.E. Enclosure HJDY 11 . SCHWllRl 7, P.F. CHlllll lS M O'DONN~ l I . Ill P . ~ . W . BfllCL I OXWLLL, l'.L. II REGGIE MllRINER. JR., P.[ JllMES C llOllGESON . P ( STEPHEN L MllRSI I, P ( DAVID A. VANDllmHK. P.l ROLllND L. HOLLAND. P L JASON M L YTL(, P L. CllRIS 0 DERBYSlllR( , P. [. W . MllllK GAllDOCKY P ~ MORGllN H HI I flllCH AIA KAIHHll N ~ .J MCAI 11s1rn. I' . ~ ANOllLW J LYONS Jll . f> l JOHN E BURNSWORTH. P E. VINCFNI A I UCIANI. PE AlJ I UMN .J . WILi IS CllRl5TOPllER J PWrm. I'.[. Proposed Annexation Zinzer Property (Estuary Ph 5) .. Parcel 134-19.00-105.05 CJ Existing SSD / e 35 4/20/2021 91.90AC.S ) 118 ENGINEERING DEPARTMENT $ussex q[ountp ADMINISTRATION (302) 855-7718 AIRPORT & INDUSTRIAL PARK (302) 855-7774 DELAWARE ENVIRONMENTAL SERVICES (302) 855-7730 sussexcountyde.gov PUBLIC WORKS (302) 855-7703 RECORDS MANAGEMENT (302) 854-5033 HANS M. MEDLARZ, P.E. UTILITY ENGINEERING (302) 855-7717 COUNTY ENGINEER UTILITY PERMITS (302) 855-7719 UTILITY PLANNING (302) 855-1299 JOHN J. ASHMAN DIRECTOR OF UTILITY PLANNING FAX (302) 855-7799 Proposed Cardinal Grove Expansion of the Sussex County Unified Sanitary Sewer District PERMISSION TO POST FACT SHEET • Expansion of the Sussex County Unified Sanitary Sewer District (West Rehoboth Area) • The Engineering Department has received a request from Solutions IPEM on behalf of their client 18898 Beaver Dam Road, LLC the owners/developers of a project known as Cardinal Grove on parcel 234- 2.00-1.10. • The project is proposed at 98 units. • The expansion would also include parcel 234-2.00-25.01 as requested by the parcel owner Linda D. Beebe. • The project will be responsible for System Connection Charges of $6,360.00 per EDU based on current rates. • The Engineering Department would like to request permission to prepare and post notices for a Public Hearing on the annexation of the area. • A tentative Public Hearing is cunently scheduled for June 29, 2021 at the regular County Council meeting. COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 589 GEORGETOWN, DELAWARE 19947 1 ri1t~r11h'-t f'lrnir r:q [rqr O'flf"XJ r. MirXll}f:"fJ)'(lf 11 ( April 9, 2021 Mr. John J Ashman Director of Utility Planning Sussex County Administrative Office Building, 3rd Floor 2 The Circle, PO Box 589 Georgetown, DE 19947 Re : Cardinal Grove - Sanitary Sewer Annexation Request Dear Mr. Ashman, On behalf of our Client, 18898 Beaver Dam Road, LLC (Attn: Tim Green) we are requesting that the property known as Cardinal Grove (TM 234-2, P 1.10) as we ll as the adjacent Linda D Beebe property (TM 234-2, P 25.01) be annexed in the County's Unified Sanitary Sewer District. An existing conditions drawing, submittal fee ($1,500.00), and Beebe property letter are attached hereto. Please let us know if you have any questions or need any additional information. Th anks Solutions IP EM £/P T: 302.297 .9215 T: 410 572.8833 303 North Bedford Str eet 3003 Merritt Mill Rood E: rclem\o solutionsrpem com Georgetown. DE 19947 Snhsbury. MD 21804 Proposed Annexation Cardinal Grove .. Parcels of Interest CJ Existing SSD 0 145 290 580 \.E.\l'JE.S ••c=••••Feet 20Q ...,_- .,,...... ~ 4/20/2021 • -H-1"---:;,~:lro\P..~ 1.01 A 1 20.60 Ac.S 1.01 3.64Ac.S 4.33Ac. 567 25.01 B 1.02 c 1.11 58.06AC. 4.47 Ac. 3.40Ac. t.ANOS OF JOSEPH W. /lkOVNOE PB :u.98 c:l Cl<'. ::; •:?:::· .. co~ 1.10 Ci 49 16Ac.S 2.01 § ',." 1.05 ~ 1.03Ac. 1.06 ~ 1.03Ac. .. 1.07 • g 1.17 Ac. !:l 1.08 "' 136Ac ~ : 19 "" 1.98Ac. 18 ENGINEERING DEPARTMENT ~ussex QCountp ADMINISTRATION (302) 855-7718 AIRPORT & INDUSTRIAL PARK (302) 855-7774 DELAWARE ENVIRONMENTAL SERVICES (302) 855-7730 sussexcountyde.gov PUBLIC WORKS (302) 855-7703 RECORDS MANAGEMENT (302) 854-5033 HANS M. MEDLARZ, P.E. UTILITY ENGINEERING (302) 855-7717 COUNTY ENGINEER UTILITY PERMITS (302) 855-7719 UTILITY PLANNING (302) 855-1299 JOHN J. ASHMAN DIRECTOR OF UTILITY PLANNING FAX (302) 855-7799 Proposed Higgins Re/Max Expansion of the Sussex County Unified Sanitary Sewer District PERMISSION TO POST FACT SHEET • Expansion of the Sussex County Unified Sanitary Sewer District (Blades Area) • The Engineering Department has received a request from the propeity owners of parcel 132-1.00-15.00. • This is an existing business that would like to be included in our project currently being completed for the commercial properties along Route 13. • The project will be responsible for System Connection Charges of $6,360.00 per EDU based on current rates. • The Engineering Depaitment would like to request permission to prepare and post notices for a Public Hearing on the annexation of the area. • A tentative Public Hearing is currently scheduled for July 13, 2021 at the regular County Council meeting. COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 589 GEORGETOWN, DELAWARE 19947 i 5/3/2021 John Ashman Sussex County Administrative Office Building 3rd Floor, Room324 2 The Circle, P.O. Box 589 Georgetown, DE 19947 Ref: Annexation request for the Blades Sanitary Sewer District Dear Mr. Ashman; Please accept this letter as my official request for the County to consider extending the boundaries of the Blades Sanitary Sewer District to include my parcel, TAX MAP ID# 132-1.00-15.00 address; 24982 Sussex Hwy, Seaford, DE. Sincerely, Edwin Hi ins RO/AX LLC P.O. BOX 559 Seaford, DE 19973 AMY A HIGGINS 42 EDWIN H HTC:C'.:Tl\TS '°::~ 161 II ..-. ,.. 1f Permission to Prepare and Post Notices 06 Parcel 132-1.00-15.00 Existing SSD ~. CJ Parcel 132-1.00-15.00 N 0 70 140 N 280 0 W+E 0 s Feet 5/ 18/2021 e 18 N U1 0 (/) ~~ ~~(,~' <¢: O'~ o~ ,,ji;lf<,~ 17 CONNEffiNG 1l'\ ;9-... ~o .;"'~ RD o"-"' ~"' 2. 15 Ac U1-""' 0 U1-""' 0 271.02 N Vl __Vl - 1-99_ .16__,, Ol - q:: a: -""' <(I VI J,. Vl VI 0 ~ ~ I I ~ ~ Ac. 13.01 20.53Ac Legal Name of Millsboro Historical Society Agency/Organization Project Name Jacob Godwin School j, !l 'I !i Federal Tax ID 51-0313038 ~ ,1I :J ~ Non-Profit Yes ~ Does your No ~ organization or its l parent organization ii have a religious ij affiliation? (If yes, fill i out Section 38.) Organization's Mission To provide an educational and historical setting for community individuals to visit for multiple purposes. This i[! requires maintaining the grounds and building for needed maintenance and repairs. i Address 23235 Godwin School Road ii Address 2 City Millsboro i! i tl ~ State Delaware i Zip Code 19966 11 [I Contact Person Margaret Mitchell i i Contact Title Vice President R.,,,.. _,._o-,·-~'=:=7~·~--·ti=·-='==·=,,,·="'=ti····=··=·-,=~-"= .. ~··.. ,,.,,,,,.,,,,",;;"'""'~~~-~--====~======--~,,~,+----"--- Beneficiary Category All ·11 Other I Approximately the 100 total number of Sussex County Beneficiaries served, or expected to be served, annually by this program ~ Scope Godwin School is a historical landmark and serves as an icon for how students learned through 1936 and with the continued support of the Sussex County Council will be i able to maintain and make improvements as necessary. We appreciate your consideration of our request and if ~ accepted can be forwarded to: II ~ Mr. Arthur E. Cathell, Treasurer ~ 23344 Godwin School Road I Millsboro, DE 19966 ! Religious Components Please enter the 6,000.00 current support your organization receives for this project(not entire organization revenue if not 1 applicable to request) il II Description Absolute Security & Delaware Electric Cooperative bnt_ -~--- ·- -=··=-=·==8=0=8=.o~o======~=-· ~=-====~ ! .. - ~~-==~,,------=·---=~-~---~-=--~~==-==-=--·- . --1 Description Electrical (install security light) I Amount 449.00 ll Description Powerwash II H ;1 200.00 ~ Amount I Description Breasure's Pest Control (termite inspection) 66.00 ~ Amount ll Description Grounds & Tree Service ~ l ~ Amount 3,136.00 I Description Grass Cutting & Bank Charges i ~ Amount 1,008.73 Description Furbush Builders IAmount 2,520.00 ~ Description State Farm Insurance I Amount 1,347.00 ! ' i TOTAL 9,534.73 EXPENDITURES TOTAL DEFICIT FOR -3,534.73 PROJECTOR ORGANIZATION Millsboro Historical Society .. ·.····~···=·····====~======~=~===== r Applicant/Authorized Margaret Mitchell, Vice President "II Official ' Date 05/03/2021 Affidavit Yes Acknowledgement Mark as Spam in 03 Forms. Please do not mark as spam in your email client, as it will result in you no longer receiving 03 Forms notifications. Feel free to email [email protected] with any questions. Legal Name of City of Seaford Police Department Agency/Organization Project Name Citizen's Police Academy ~ Federal Tax JD 51-6000241 ~ Non-Profit Yes fj ~ ~ :J Does your No i organization or its ! parent organization have a religious affiliation? (If yes, fill ~ out Section 38.) I ! ! Organization's Mission Our mission at the Seaford Police Department is to protect ii the property, health, safety and welfare of people in the limits of Seaford through the enforcement of state laws i,, and City Ordinances while maintaining the highest state of ij preparedness for responding to threats against homeland ii security. i Address 300 Virginia Avenue i IAddress 2 i City Seaford IState Delaware I Zip Code 19973 _c~ntact ~~rs~~ _ . _ Karen Manso i,_,._ ..,-.,=·=>O=~==,,.,,,.,,..b=•·~·~~o...=''"'"""~""'"~~ .. - -~""'-'.· __ ~,q. -~"" --~· ~~~~~~~-~---~~~-..=-· --·~--"' ~·--~~~-~--=·=·-~'=·=-----==_,_.,,-"""'"- .L Contact Title Administrative Assistant Contact Phone 302-629-9341 Number I I Contact Email Address [email protected] 1 Ii Total Funding Request $2,000.00 Ii~ Has your organization Yes I received other grant I funds from Sussex 1 County Government in Beneficiary Category Adults ' Other Approximately the 25 total number of 1.. 1' Sussex County I Beneficiaries served, ' or expected to be served, annually by this program I Ii Scope The Citizens Police Academy was designed to foster a I !I p better understanding of our operations and broaden the line of communication with our community make the I" i to i ! City of Seaford and Delaware an even safer place to live. Over the course of 8 weeks, the participants will gain a ~ I better understanding about how our Department protects i our community and serves as a vital resource to federal, state and other local law enforcement agencies. Religious Components Please enter the 500.00 current support your II organization receives ~ for this project (not g entire organization ! revenue if not applicable to request) Description Operating Costs • supplies, class shirts, ammunition, certificates Amount 2,000.00 i. ~ ~ Description i,==~=="'~-·"~-~.. ~·-~·...~ .. ·~=~===~=""""'= r'-~-~ ~--····-··-·=-··' 1 i Amount ~ Description Amount Description Amount Description Amount 2,000.00 -1,500.00 ~ ORGANIZATION i Name of Organization City of Seaford Police Department ~ j ij Applicant/Authorized Marshall D. Craft, Jr. LOf~i-~~ia~.I ~--~--.-· --~=·--=-=-"o·--=···-~-~===~~=-=···-=-··=-=---~---~- ~--=··==~=~·=·-~o/-~J Mark as Spam in 03 Forms. Please do not mark as spam in your email client, as it will result in you no longer receiving 03 Forms notifications. Feel free to email [email protected] with any questions. SUSSEX COUNTY GOVERNMENT GJiANTAPPL\t:ATION ORGANIZATION NAME: Th~ I()yvn gf ~ciu rel IIJ.d .. D9'y_Q~rrirni!tef3 · PROJECT NAME: ~!,b. __gf~ljlyfJrew2r~~-[)i~play. FEDERAL TAXJD: ?J_:~9-Q91_@:~ ____ ---· ·-·--·-·· NOl'hPROFlT: .ii YES __ .·NO . DOES YOUR ORGANIZATION OlUTS PARENT ORGANlZATlON f!AVE ARELIGIOUSAFFILIATION? YES ii' NO *JF YES, ]"ILL-OUT SECTION 3B, . , . . . •. ·.. _ Due to COVID 1:9 Restrictions, thetowndecidedto not.Mid .the.anhualAth of July ORGANIZATIONS MISSION: Festival. howeverwecagreed to hold the fireworks, as. it is f~ltttrey can be do.ne in a safe rnannerWith·soci;:ddistanclng._ This will ... ·ADDRESS: 201 Mechanic Street Laurel De 19956 (CITY) (STATE) (ZWJ CONTACT _PERSON: Jamie Smith TITLE: I9¥V~.M 9n_§g€}re PB ONE: 3:?~~!~:2:~!!.. EMAIL: 19.IJ~!?~!rri@c;gm.(;as,t.net TO-TAL FUNDING llEQUEST: l1 ~QO_.QQ _ · · Has yoµr organizatitmr.eceivedo.thergrnntfuriels from SJlsoex County GO'.l(etnmeµtin YES lil NO the lastyear? IfYES, how much was received in the last 12 mon$s? If you are asking forfimding for ]:mi\ding or buHdingimp:foV'emelits, do you own the .• buildingin w!)\ch thefundtng will he usedfor? · Are you seeking other sournes offunding othilrthan Sussex County Ccn!ncil? Iii YES -·NO _· . If YES, approximately what percentage of ilie project's funding does the Co\:mcil grant represent?~'}'<> PE.OGRAM CJ\TJlIIQl;l.¥(ch119:,e ajlthatapply) . Fair Housing ' . Hea1thand Human.Service:; :~ cuJturnl ' . lnfrastructure1 •Iii! Other Commu~ity Educational ~-· - • ·-•·-•'"~-"~-~~O'~··•·~-->•"" '••• • ,.,,.~~~-~-•-•-·-,.~o·~"-•~ BENEFICIARY CATE.GORY .· •.• · Dis BENEllICIARY NUMBER Approximately the total number Qf Susse,xCpunty Benefic;kiries served annuallyby this ptogram: 6000 . "_., '-·" . ~-; _,-.,-; ._,- ; f'~:;g·; ;;1~~gijlf1aN'afi:gfio!Whi~~¢9f~t 1 ;;· ·. •··· A Briefly describe tjw prognnn for whith funds are being requested, Then<>tratlve·should include tlie need or problem to be addressed.~n r,;lationtq t)1e•population to be servedJit the ai'ea to benefit. lh 2020, dµe.to CQVID-19 we cancelled ourAth .of JulyCelebta±ron includlng the fireworks display. This year we have decidecl to only Jjold the firework!> dl~play, due to some of the GOV!D -19 Restrictiomi, WeJeel ttie fireworks can l:ie done in a sate way, with people watching from their vehicles arid their yard::;, kfaith-base<;l nonprofit organization is eligib)e to reeeive Briefly <;lescribe the components 9fthe programth After the awarded funds have been made;!; rn,e\pt:; or t]ie·nonireligious purcrhases shall be. .submitted In accprda:ilpe Wit)l Sections below before funds will be disbursed. Please e11.ter·the.currentsl\p]JOrt.your···organiz'Jction.teceiv'.,s.fo.r'l;!\iiptojgct Mt en.tir~ ox a!tlzatfon tevenue if not a: . Ut:a:ble to rii \lest ._ Please enter1h,.etptil pr9j~qteiJc•b1ldge,tforth~ proJet:t(uotent\re orgariiz~tiou (lxpeuseifil?tapl\licab!eto req\]est),.J.ll1:~!1fp);~ (lf~el!ili.i;Jlt() i terns: PERSONNEL-one liifiip:;;µm that woµJd incli.idi{biineffes, {JPEAAT!NG · COSTS,supplies, eq uipment,j;ent/le'!#e,!n~urartce, printing t~lel)hbJ.1\', · CONSTRUCT10N/ACQUISJT10ff:acquisiti01j, d~velbpiu()nt, rehabhattl,•¢ost, physical inspet:tions,arcpitei;,tur ··-··-·-··----.. ·--·· ·.·-· c; ···--.· s~¢itfci:Nc~\;sfl!i\1'i~Ml!:Tht1':iQJ.\'.·;\\.$,$Q'~cJi~J<'; -··- ·· · •. If this grant application Is awi!rded funding, th€l ~~~n.. 0L~!~-~~I_l~~-.l:J3¥.C?~f11~ ... ~ .. -.. agrees that: · (NamffofOrgahiZation) 1) For non,re!iglonsotgi'!nizations; all e:Xp.end\mres mnsthi'!Ve:a pate ~Iec/t.f' Witness Sign Completed application can be submitted by: Email: [email protected] Mail: Sµssex County C-overnment Attention:: Gin:aJennin:gs POBox5~9 Georgetown, DE 19947 SUSSEX COUNTY COUNtIL J.ll0N4PROFIT GRANT PROGRAM GUil>ELINES FOR $UBMITTA1. ANllAFFIDAVI'r OF QNDERSTANDING The Sussex County Council makes available a limited .amoul'.jt of fu,11d;ing to noncprofit organi'Zatiqns t.bat :,;etve t!).e dtlze;ns of Suss.ex County\. Each anplieationf hi the attached application;, each organization mustoutlirie•its.ihtended uses forthe awarded funding and provide a detailed breakdown of the expenses q.nd .costs for such uses. Any funding awardedto.the orgaiiizatibn J.uu$tb.e used in sub$t;;intialconformitywitl:J. anticipated expenditures of the submitted application. All expenditures must have adequate documentation q.nd mustbe. expencled within one {1J y(!ar ofaward of funds. For noncreligious org:)IJ.izations, all a~counting records and supporting document"1.tim1 sb,all be avajl;ible. for inspection by Suss&x County Withitithitty (30) day.s afterth.e org(lniz For religious org;;inizations; all atco.Unting r.ecords. and supporUng d<1cµmentatfon·0>l:Ial1 be provided for inspection by SilsS.ex Eounty aJte.r fue aw<1.rd liasbeenmade by County Coun.cil but before funding is rele<.tse.d. Grant is' relinquished if supporting doctrmentation is not pro:vide Certain programs are not eligible for tun<.lJug pwsu<.1nt to United States Constitution and State of Delawar!'! Constitµtion. J!).pse constitutional principles prohibit the use of (undillg to adv<1nce oi: inhibit religious activities. By signing bNow; the otganlz<1tion,a9kµow!~dges th.at the funding shall be used exclus\Vely for .secu4lt purposes, i.e,, non-religious purposes and shall not be11sea to adv;mce orinhibitreligiousactivities. In the event. that such funding is used in ·violatiem of the requirements and assurances contained in this grant application, .the awarded fi.mding: shall be: reimbursed to Sussex County within a.timefi'ame designated by Sussex.County by Written notice. l acknowledge and represent on behalf oftu!'! appHcant organb;a,tionth;i.t I have read and understand the .ove sJatements. ,, j)iicant/Autho ·.zed Official Signature·· ·o.LA.e~ _!b.:?tf'. 2-) Wl1:lless S1gnature Date Rev. OZ/2019 VI /IJCEAJT- oz Bobbi Albright From: Sussex County DE [.~~~~t~~~!9t H :J 1 0 Seaford Historical Society i ~:~~ c~::a :ization 'I ~ [j Project Name Updates for the Seaford Historical Society ii ii I Federal Tax ID 51-0200-225 ()f2- Ii Non-Profit Yes ri lj i Does your No ,., organization or its il, parent organization i have a religious I affiliation? (If yes, fill i out Section 38.) fl :! 11 Organization's Mission The Seaford Historical Society is committed to preserve, !I" protect, and promote our local history. We possess some of the most unique sites in the area. The Historical Society is ~ ded.icated to presenting our history with accuracy and enthusiasm. ,I i Address 203 High St. i iJ Address 2 i~ 11 il 'l l City Seaford ~ ;) Delaware rl State _ ~=~"·'·====--~.,;:·;='-''''""---"= . " . -- . -'~"--•-»:><~·~~~~ 1 Zip Code 19973 ' Contact Person Lewis James Blackwell Contact Title Curator Contact Phone 13026298806 Number Contact Email Address [email protected] Total Funding Request $3500. !. I Has your organization No i received other grant Iil funds from Sussex I I County Government in ! the last year? If YES, how much was N/A I received in the last 12 i months? ' Are you seeking other No sources of funding other than Sussex County Council? If YES, approximately N/A what percentage of the project's funding does the Council grant represent? i' Cultural, Educational i.Il'•. Program Category j (choose all that apply) ~ Program Category LOth~~...... , .•.~~···~·· ~···~· ·~·.····~· =~~~ ..~· -~--~~. ·=··~=~~~ 2 "':l-'-'="--"o::c-.- Primary Beneficiary Other ! ' Category I' i Beneficiary Category Museum Regional Educational Benefit ~ i Other i Approximately the 2000 total number of Sussex County Beneficiaries served, or expected to be served, annually by this program i Scope These funds will allow the Seaford Museum to expand its :1 presentation of the Harriet Tubman's "Tilly" story into a video .,ii ij format as well as be available to assist the museum upkeep i program as needed. Religious Components I~ i Please enter the 3,500.00 II current support your organization receives Ilj ii for this project (not entire organization I revenue if not I applicable to request) 11 I Description Personnel '· Amount 0.00 Description ,1 I Amount I i Description lj I.. ~:.~.~·~·t· ...... , ... ~ ..... ~ ...... ~ ...... ~~~·· ...... ,,,~············ 3 ',,,-_~_,,~,,-.~-· ·~.;-: Description il 11 Amount "II 'I 11 Description ~ Amount II Description I Amount Description Amount I Description 11 i.1 "l Amount TOTAL 0.00 EXPENDITURES I I'j TOTAL DEFICIT FOR 3,500.00 il r, PROJECT OR ORGANIZATION ii Name of Organization Seaford Historical Society Applicant/Authorized Lewis J. Blackwell, Jr - Curator Official Date 05/07/2021 Affidavit Yes Acknowledgement -, ... ~-~~"=-=-"--'""'~~..,. Mark as Spam in 03 Forms, Please do not mark as spa1n in your email client, as it will result in you no longer receiving D3 Forms notifications. Feel free to email [email protected] with any questions. 4 ~ l Legal Name of Delaware Seaside Railroad Club, Inc. i Agency/Organization !i i ~ Project Name New Home Fit out ii ~ Federal Tax ID 20-5762923 utz__..... 1· ~ Non-Profit Yes Contact Title President '-·-· - ... ,...... ~-~...... -~------~""·--·-··=- i , j Contact Phone Number 3024485654 Contact Email Address [email protected] Total Funding Request $4,000.00 I' Has your organization No received other grant funds from Sussex II, County Government in ~ the last year? i If YES, how much was N/A received in the last 12 i months? I 1 Are you seeking other Yes sources of funding other than Sussex County Council? IIf YES, approximately 80 what percentage of the project's funding does ! the Council grant represent? Program Category Educational (choose all that apply) ' Program Category other Primary Beneficiary Other Category Beneficiary Category All persons , Other L 1==,,==~=·~~········· '" i Approximately the total 500 ~'. number of Sussex iJ County Beneficiaries 1 '•.•~ served, or expected to ! be served, annually by ~ this program ~ ~ Scope We have lost our lease in Dagsboro. The owner wants to offer ii ii the space for a much larger rent than we can afford. We found ij a building near Selbyville (36668 Dupont Hwy, Selbyville, DE) 11 that is a little more expensive, but suits our needs and we will ii need to remodel the interior to make it ready for our opening IJ ii on or near August 1st. ' We benefit many, many folks in Sussex County, offering free of charge experience of model railroading, workshops with local school children, and advising the public on the hobby and history of model railroading. Religious Components Please enter the current 0.00 support your organization receives for this project (not entire organization revenue if not applicable to request) Description Paint and wall repair equipment Amount 1,000.00 Description Replace and add lighting fixtures 700.00 Description Repair/replace existing plumbing fixtures I . ···~-·~·~~.... ~.~~~~ .. ~~~.~·~ .... ~·~···~···~~~~~~~~~~~~~~~~~ .. ~-· . II r ~ i Amount 700.00 Description Signage for exterior of building '!1, ~ I il Amount 1,200.00 ii ~ " ~ Description Waste Disposal 11 iii Amount 600.00 ~ Description Security Cameras Iii i Amount 800.00 I ~ Description Amount .1 I Description Amount i! TOTAL 5,000.00 EXPENDITURES TOTAL DEFICIT FOR -5,000.00 PROJECTOR ORGANIZATION Name of Organization Delaware Seaside Railroad Club, Inc. Applicant/Authorized John C Hodges, President Official Date 05/13/2021 I' ., .. _, ·~-~---·- - _.. ~-' R-······~~~·-···· =="- ~J ·-'-·"'-"""'''·--- ! Affidavit Yes [ Acknowledgement Mark as Spam ln 03 Forms. Please do not mark as spam in your email client, as it will result in you no longer receiving 03 Fonns notifications. Feel free to email [email protected] with any questions. To Be Introduced 05/25/21 Council District 4 - Hudson Tax I.D. No. 134-17.11-6.00 911 Address: 33309 Kent Ave, Bethany Beach ORDINANCE NO. ___ AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN A MR MEDIUM DENSITY RESIDENTIAL DISTRICT FOR MULTI-FAMILY DWELLINGS (11 UNITS) TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN BALTIMORE HUNDRED, SUSSEX COUNTY, CONTAINING 1.035 ACRES, MORE OR LESS WHEREAS, on the 8th day of April 2021, a conditional use application, denominated Conditional Use No. 2279 was filed on behalf of Ron Sutton; and WHEREAS, on the _____ day of ______2021, a public hearing was held, after notice, before the Planning and Zoning Commission of Sussex County and said Planning and Zoning Commission recommended that Conditional Use No. 2279 be ______; and WHEREAS, on the ______day of ______2021, a public hearing was held, after notice, before the County Council of Sussex County and the County Council of Sussex County determined, based on the findings of facts, that said conditional use is in accordance with the Comprehensive Development Plan and promotes the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Sussex County, and that the conditional use is for the general convenience and welfare of the inhabitants of Sussex County. NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS: Section 1. That Chapter 115, Article V, Subsection 115-31, Code of Sussex County, be amended by adding the designation of Conditional Use No. 2279 as it applies to the property hereinafterO described. BE INTRODUCED SectionT 2. The subject property is described as follows: ALL that certain tract, piece or parcel of land, lying and being situate in Baltimore Hundred, Sussex County, Delaware, and lying on the east side of Kent Avenue (S.C.R 361) approximately 0.66 mile south of Garfield Parkway (Route 26) and being more particularly described in the attached legal description prepared by The Lawson Firm, LLC, said parcel containing 1.035 acres, more or less. This Ordinance shall take effect immediately upon its adoption by majority vote of all members of the County Council of Sussex County, Delaware. To Be Introduced 05/25/21 Council District 3 - Schaeffer Tax I.D. No. 234-11.00-44.00 911 Address: 31261 & 31255 Conleys Chapel Road, Lewes ORDINANCE NO. ___ AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT AND A GR GENERAL RESIDENTIAL DISTRICT TO ALLOW FOR A GENERAL AUTO REPAIR AND TRACTOR RESTORATION BUSINESS TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN INDIAN RIVER HUNDRED, SUSSEX COUNTY, CONTAINING 5.44 ACRES, MORE OR LESS WHEREAS, on the 19th day of April 2021, a conditional use application, denominated Conditional Use No. 2283 was filed on behalf of Michael A. Hazzard; and WHEREAS, on the _____ day of ______2021, a public hearing was held, after notice, before the Planning and Zoning Commission of Sussex County and said Planning and Zoning Commission recommended that Conditional Use No. 2283 be ______; and WHEREAS, on the ______day of ______2021, a public hearing was held, after notice, before the County Council of Sussex County and the County Council of Sussex County determined, based on the findings of facts, that said conditional use is in accordance with the Comprehensive Development Plan and promotes the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Sussex County, and that the conditional use is for the general convenience and welfare of the inhabitants of Sussex County. NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS: Section 1. That Chapter 115, Article 115, Subsections 115-22 and 115-39, Code of Sussex County,O be amended BE by addingINTRODUCED the designation of Conditional Use No. 2283 as it applies toT the property hereinafter described. Section 2. The subject property is described as follows: ALL that certain tract, piece or parcel of land, lying and being situate in Indian River Hundred, Sussex County, Delaware, and lying on the north side of Conleys Chapel Road (S.C.R 280B), approximately 218 feet east of Wil King Road (S.C.R 288), and being more particularly described in the attached legal description prepared by Griffin & Hackett, P.A., said parcel containing 5.44 acres, more or less This Ordinance shall take effect immediately upon its adoption by majority vote of all members of the County Council of Sussex County, Delaware. <1\ "'. ~o 48 o..c 200 ...... <1\ 0 1305 200.01 ~ ~ ... PB 160-59 0 ?') "'<1\ (/) 0 (/) 201 ~ 1.53 AC. :z ~ "P,' 220 370.02 <1\ ?') 0 l:!l r- "' r- "'a:i 805.01 .,: ...... N 150 N 97.7 370 109.4 "' "'c<:i 24.53AC. "'N REt::H0X-l!N 203 ..... 0 CX) ~ ~ ,...: 0 N 370.01 145.2