CCW Packet MM - REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, February 09, 2021 at 6:00 PM Virtual via WebEx AGENDA This agenda has been revised by canceling the Legislative, Finance, and Administration (LF&A) Committee meeting and moving the Update on Comprehensive Rezoning 2021 Project item from the LF&A Committee agenda to the Parks, Recreation and Community Enhancement Committee agenda. Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held electronically. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/yf6d1p Event number: 179 551 4963 Event password: DOVER (if needed) If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL THE COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER UTILITY COMMITTEE ADOPTION OF THE AGENDA ACTIONABLE ITEMS EVALUATION OF BIDS 1. Directional Boring Contract (Staff recommendation: Awarding #21-0016EL Directional Boring Contract to Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - February 09, 2021 PAGE 2 2. Master Electrician Contract (Staff recommendation: Awarding #21-0017EL Master Electrician Contract to All State Electrical Services for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal) 3. Underground Linework Contract (Staff recommendation: Awarding the #21-0019EL Underground Linework Contract to Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal) ADJOURNMENT OF THE UTILITY COMMITTEE PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE ADOPTION OF THE AGENDA INFORMATIONAL ITEMS 4. Update on Comprehensive Rezoning 2021 Project ADJOURNMENT OF THE PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

Item 1. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Utility Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: February 1, 2021 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Evaluation of Bids - Directional Boring Contract REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Matthew Harline, Interim City Manager / Lori Peddicord, Controller EXHIBITS: Exhibit A – Draft Contract for Directional Boring EXPENDITURE REQUIRED: As required AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Funding will be embedded in Capital Improvement Projects proposed that will require directional boring and be allocated on a time and material basis only. TIMETABLE: Award upon Council Approval RECOMMENDED ACTION: Staff recommends awarding #21-0016EL Directional Boring Contract to Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. BACKGROUND AND ANALYSIS The Electric Department maintains contracts with several entities to perform specialized work outside the City’s capabilities. This contract will be awarded on a time and material basis and the City will only pay for services rendered by the contractor. The scope of the contract will be for directional boring work that will include underground installation of conduit to protect primary and secondary cable which provides service to all customer classifications. This method reduces all of the problems created by opening a trench and reduces the need to restore customer property and right of way and allows for minimized impact for electrical road crossings. The average expenditure under the previous contract was approximately $274,231 per year for work done in mostly capital projects. These projects are estimated and submitted in the annual budget to include the expenses for directional boring. The Request for Proposal was solicited and advertised per the City Purchasing Policy by the Procurement Manager, posted on the City website and directly sent out to six contractors. Intent to Bid forms were returned by three contractors however only one contractor submitted a bid package. Joseph R. Smith was the only bidder to submit a complete bid package and this is why there is no bid evaluation tab. Joseph R. Smith was awarded the contract in 2016 and has performed the duties outline in the contract well. Joseph R. Smith proposed rates for boring by the foot based on the size and number of the conduits being installed. The quoted rates are an increase over the rates proposed in 2016, the last year the contract was bid out. Applying the 2021 proposed rates to an actual job performed in October, the cost would increase from $11,808 to $16,184. The main cause of the increase is the per foot boring price. The prices per foot quoted in this proposal are equivalent to the prices submitted by other contractors in 2016. 3

Item 1. Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of the _____ day of ________ in the year 2021, between The City of Dover, a Delaware Municipal Corporation, whose address is 15 Loockerman Plaza, Dover, Delaware 19901 (hereinafter referred to as the CITY), and Joseph R. Smith Inc, whose address is, ___________________________ (hereinafter referred to as the CONTRACTOR). NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement, and for other good and valuable considerations, the parties agree as follows: 1. SERVICES The CONTRACTOR shall perform the following services: SEE REQUEST FOR PROPOSAL FOR DIRECTIONAL BORING, RFP NO.: 21-0016EL AND THE SUBMITTED PROPOSAL FORM. Nothing herein shall limit the CITY's right to obtain proposals or services from other professionals for similar projects at any time the CITY so chooses. 2. INDEMNIFICATION The CONTRACTOR, and any agent or subcontractor, shall defend, indemnify and hold harmless the CITY and its officials, officers, board members, council members, commissioners, representatives, employees, agents, and contractors, against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, payments (including payments made under any Workers' Compensation Laws or under any plan for employees' disability and death benefits), and expenses (including reasonable attorney fees of the CITY and all other costs and expenses of litigation). Claims arising in any way, including any act, omission, failure, negligence or willful misconduct, in connection with the work, construction, maintenance, repair, presence, use, or operation by the CONTRACTOR, or the CONTRACTOR’s officers, directors, employees, agents, and sub-contractors, shall be responsible for Claims. Such Claims include, but are not limited to, the following: a. Intellectual property infringement, libel and slander, trespass, unauthorized use of television or radio broadcast programs and other program material, and infringement of patents; b. Cost of work performed by the CITY that was necessitated by the CONTRACTOR’s failure, or the failure of the CONTRACTOR’s officers, directors, employees, agents, or sub- contractors, to perform work, or maintain CITY facilities in accordance with the requirements and specifications of this Agreement, or from any other work authorized under this Agreement; c. Damage to property, injury to or death of any person arising out of the performance or nonperformance of any work or obligation undertaken by the CONTRACTOR, or CONTRACTOR’s officers, directors, employees, agents, and sub-contractors, pursuant to this Agreement; 4

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

Item 1. [Type here] [Type here] [Type here] 4. INSURANCE A. Prior to the commencement of any work and until completion and final payment is made for the work / final acceptance of the work for the RFP# 21-0016EL, the Contractor will provide and maintain the following minimum levels of insurance at Contractor’s own expense. The cost of the required insurance shall be included in the Contractor’s proposal price and no adjustment shall be made to the contract price on account of such costs unless such approval is provided. The term Contractor shall include Subcontractors and Sub-Subcontractors of every tier. Contractor shall furnish Certificates of Insurance evidencing and reflecting the effective date of coverage as outlined below. In no event shall Work be performed until the required evidence of Insurance is provided in accordance with these Contract Documents and is approved by the City of Dover. If found to be non-compliant, the City of Dover may purchase the required insurance coverage(s) and the cost will be borne by the Contractor through direct payment/reimbursement to the City of Dover or the City of Dover may withhold payment to the Contractor for amounts owed to them. a. All insurance shall be procured from insurers permitted to do business in the State in which the project is taking place and having an A.M. Best Rating of at least “A- , Class VIII”. b. Contractor shall not have a Self Insured Retention (SIR) on any policy greater than $50,000, which is the responsibility of the Contractor. If Contractor’s policy(ies) has a Self Insured Retention exceeding this amount, approval must be received from the City of Dover prior to starting work. In the event any policy includes an SIR, the Contractor is solely responsible for payment within the SIR of their policy(ies) and the Additional Insured requirements specified herein shall be provided within the SIR amount(s). c. All insurance required herein, with the exception of the Professional Liability Insurance, shall be written on an “occurrence” basis. Claims-Made coverage must include: i. The retroactive date must be on or prior to the start of work under this contract; and ii. The Contractor must purchase “tail coverage/an extended reporting period” or maintain coverage for a period of three years, subsequent to the completion of their work / final payment. d. The Contractor’s insurance carrier (s) shall agree to provide at least thirty (30) days prior written notice to the City of Dover in the event coverage is canceled or non-renewed. In the event of cancellation or non-renewal of coverage(s), it is the Contractor’s responsibility to replace coverage to comply with the Contract requirements so there is no lapse of coverage for any time period. In the event the insurance carriers will not issue or endorse their policy(s) to comply with the above it is the responsibility of the Contractor to report any notice of cancellation or non-renewal at least thirty (30) days prior to the effective date of this notice. A-3 6

Item 1. [Type here] [Type here] [Type here] e. Contractor shall provide the City of Dover with Certificates of Insurance, evidencing the insurance coverages listed below, ten days prior to the start of work and thereafter upon renewal or replacement of each coverage. The Contractor shall not begin any work until the City of Dover has reviewed and approved the Certificate of Insurance. The required insurance shall not contain any exclusions or endorsements, which are not acceptable to the City of Dover. Failure of the City of Dover to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the City of Dover to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. With respect to insurance maintained after final payment in compliance with a requirement below, an additional certificate(s) evidencing such coverage shall be provided to the City of Dover with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the time period for which such insurance must be maintained. f. Owner/Client and the City of Dover, (including the City of Dover’s Parent, Subsidiaries, and Affiliates) shall be added as ADDITIONAL INSUREDS on all liability policies (except Workers’ Compensation and Professional Liability Policy, where applicable), for ongoing operations and completed operations (using ISO Endorsements CG 2010 and CG 2037, or their equivalents) on a primary noncontributory basis. Coverage to include ongoing and completed operations. Each of the Additional Insured’s respective directors, officers, partners, members, employees, agents and representatives shall also be afforded coverage as an Additional Insured. Coverage should be provided for a period of three years subsequent to the completion of work/final payment. If you are operating in a state that has implemented the “Anti-Indemnity” Additional Insured Endorsements, you are required to provide the state specific additional insured endorsements for ongoing and completed operations. These states include but are not limited to: Montana, New Mexico, Oregon, Colorado, Kansas, California, Louisiana, and Texas. The City of Dover reserves the right to require Contractor to name other parties as additional insureds as required by the City of Dover. There shall be no “Insured versus Insured Exclusion” on any policies (other than “Named Insured versus Named Insured”); all policies will provide for “cross liability coverage” as per standard ISO policy forms. g. Waiver of Rights of Subrogation: Contractor shall waive all rights of recovery against Owner/Client, the City of Dover and all the additional insureds for loss or damage covered by any of the insurance maintained by the Contractor. h. The amount of insurance provided in the required insurance coverages, shall not be construed to be a limitation of the liability on the part of the Contractor. A-4 7

Item 1. [Type here] [Type here] [Type here] i. The carrying of insurance described shall in no way be interpreted as relieving the Contractor of any responsibility or liability under the contract. j. Any type of insurance or any increase in limits of liability not described above which the Contractor requires for its own protection or on account of statute shall be its own expense. k. Contractor shall promptly notify the City of Dover and the appropriate insurance company(ies) in writing of any accident(s) as well as any claim, suit or process received by the Contractor arising in the course of operations under the contract. The Contractor shall forward such documents received to his insurance company(ies), as soon as practicable, or as required by their insurance policy(ies). REQUIRED COVERAGES - the following may be provided through a combination of primary and excess policies in order to meet the minimum limits set forth below: 1. Worker’s Compensation and Employers’ Liability Insurance. Statutory worker’s compensation benefits and employers’ liability insurance with a limit of liability no less than that required by Delaware law at the time of the application of this provision for each accident. This policy shall be endorsed to include a waiver of subrogation in favor of the City of Dover. The Contractor shall require subcontractors and others not protected under its insurance to obtain and maintain insurance that includes: a. Workers’ Compensation Coverage: Statutory Requirements b. Employers Liability Limits not less than: Bodily Injury by Accident: $100,000 Each Accident Bodily Injury by Disease: $100,000 Each Employee Bodily Injury by Disease: $500,000 Policy Limit c. Includes coverage for sole proprietors, partners, members or officers who will be performing the work. 2. Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to, the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage, broad form property damage, independent contractor’s coverage with Limits of liability not less than the following: a. Occurrence Form with the following limits: i. General Aggregate: $2,000,000 ii. Products/Completed Operations Aggregate: $2,000,000 iii. Each Occurrence: $1,000,000 iv. Personal and Advertising Injury: $1,000,000 b. Products/Completed Operations Coverage must be maintained for a period of at least three (3) years after final payment / completion of work (including coverage for the Additional Insureds as set forth in these Insurance Requirements). A-5 8

Item 1. [Type here] [Type here] [Type here] c. The General Aggregate Limit must apply on a Per Project basis. d. No Exclusions for residential construction with respect to the work to be completed by the Contractor. (If Applicable) e. Coverage for “Resulting Damage”. f. No sexual abuse or molestation exclusion. g. No amendment to the definition of an “Insured Contract”. h. The definition of an “Insured Contract” must be amended to provide coverage for all work on or within 50 feet of a railroad, if applicable. A stand alone Railroad Protective Liability policy may be required based on the scope of this project. 3. Automobile Liability Insurance. a. Coverage to include All Owned, Hired and Non-Owned Vehicles (or “Any Auto”), if you do not have any Owned Vehicles you are still required to maintain coverage for Hired and Non-Owned Vehicles as either a standalone policy or endorsed onto the Commercial General Liability policy above. b. Per Accident Combined Single Limit $1,000,000 c. For Contractor(s) involved in the transportation of hazardous material, include the following endorsements: MCS-90 and ISO-9948. 4. Commercial Umbrella Liability: a. Policy(ies) to apply on a Following Form Basis of the following: i. Commercial General Liability, ii. Automobile Liability, and iii. Employers Liability Coverage. b. Minimum Limits of Liability Occurrence Limit: $10,000,000 c. Aggregate Limit (where applicable): $10,000,000 5. Professional Liability Insurance: (IF DESIGNATED BY CONTRACTOR’S SCOPE OF WORK) a. Minimum Limits of Liability Per Claim Limit: $2,000,000 Aggregate Limit: $2,000,000 b. The Definition of “Covered Services” shall include the services required in the scope of this contract. A-6 9

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

Item 1. [Type here] [Type here] [Type here] with the CONTRACTOR’s performance of the Scope of Services. 7. ACCESS TO RECORDS The CONTRACTOR will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available for examination by the CITY during the CONTRACTOR’s normal business hours. Said records will be maintained for a period of three (3) years after the date of the invoice. 8. CONTINGENT FEES PROHIBITED The CONTRACTOR warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach of this provision, the CITY shall have the right to terminate this Agreement without further liability and at its discretion, deduct from the contract price, or otherwise recover, the full amount of any such fee, commission, percentage, gift or consideration paid in breach of this Agreement. 9. PAYMENT It is understood and agreed by and between the parties hereto that this Contract is for TIME AND MATERIAL ONLY and as needed by the City. All requests for payment shall be accompanied by supporting documentation which will include proof of the work performed in accordance to the Contract Documents and other CITY required supporting documentation. Any reimbursement for expenses shall include receipts or copies of the invoices. No other costs or services shall be billed to the CITY. 10. INDEPENDENT CONTRACTOR The CONTRACTOR is an independent contractor and as such will be responsible for paying his own Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this agreement. 11. ASSIGNMENT Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to the Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto. 12. NO THIRD-PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than the CONTRACTOR and the CITY. 13. JURISDICTION The laws of the State of Delaware shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Kent County, Delaware. A-8 11

Item 1. [Type here] [Type here] [Type here] 14. TERM AND TERMINATION All or part of this Agreement may be terminated by the CITY for its convenience on thirty (30) days written notice to the CONTRACTOR. In such event, the CONTRACTOR will be entitled to compensation for services competently performed up to the date of termination. In the event of termination not the fault of the CONTRACTOR, the CONTRACTOR shall be compensated for with Reimbursable Expenses then due and all Termination Expenses. 15. CONTACT PERSON The primary contact person under this Agreement for the CONTRACTOR shall be Name: _____________________________, Phone No.:_________________________, Address:______________________________. The primary contact person under this Agreement for the CITY shall be Paul Waddell, Electric Director, Electric Department, 302-736-7088 pwaddell@dover.de.us. 16. APPROVAL OF SERVICE PERSONNEL The CITY reserves the right to approve the contact person and the persons actually performing the services on behalf of the CONTRACTOR pursuant to this Agreement. If the CITY, in its sole discretion, is dissatisfied with the contact person or the person or persons actually performing the services on behalf of the CONTRACTOR pursuant to this Agreement, the CITY may require the CONTRACTOR assign a different person or persons be designated to be the contact person or to perform the services hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates under each signature. Joseph R. Smith Inc CITY OF DOVER By: By: Matthew Harline___________________ Title: Title: Interim City Manager_______________ Signature: Signature: Date: Date: A-9 12

Item 2. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Utility Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: February 1, 2021 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Evaluation of Bids – Master Electrician Contract REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Matthew Harline, Interim City Manager / Lori Peddicord, Controller EXHIBITS: Exhibit A – Draft Contract for Master Electrician Services EXPENDITURE REQUIRED: As required AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Funding will be from applicable Contractual Services budgets. TIMETABLE: Award upon Council Approval RECOMMENDED ACTION: Staff recommends awarding #21-0017EL Master Electrician Contract to All State Electrical Services for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. BACKGROUND AND ANALYSIS The Electric Department maintains contracts with several entities to perform specialized work outside the City’s capabilities. This contract will be awarded on a time and material basis and the City will only pay for services rendered by the contractor. This award would be for any Master Electrician work that cannot be performed by City employees. This would include work done inside residences and businesses beyond the meter pans, panel upgrades, overhead to underground conversions and work related to improvements inside City facilities. Expenditures have averaged approximately $8,671 per year for the last 5 fiscal years and the current fiscal year. The Request for Proposal was solicited and advertised per the City Purchasing Policy by the Procurement Manager, posted on the City website and sent directly out to six contractors the City knew were capable of the work proposed. The documents were sent to six potential contractors and the City received a complete bid package from only one contractor. All State Electrical Services was the only bidder to submit a bid package and this is why there are no bid evaluation tabs. The staff recommends awarding the contract to All State Electrical Services for the term of three years with the option to extend for two (2) one (1) year extensions. Proposed quote for labor and material to convert a 100/200 amp service panel from overhead to underground feed was $279.00 for the first year with a 2% rate increase per year. This price is approximately 35% cheaper than the expired contract with the previous contractor. 13

Item 2. Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of the _____ day of ________ in the year 2021, between The City of Dover, a Delaware Municipal Corporation, whose address is 15 Loockerman Plaza, Dover, Delaware 19901 (hereinafter referred to as the CITY), and All State Electrical Services, whose address is, ___________________________ (hereinafter referred to as the CONTRACTOR). NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement, and for other good and valuable considerations, the parties agree as follows: 1. SERVICES The CONTRACTOR shall perform the following services: SEE REQUEST FOR PROPOSAL FOR MASTER ELECTRICIAN, RFP NO.: 21-0017EL AND THE SUBMITTED PROPOSAL FORM. Nothing herein shall limit the CITY's right to obtain proposals or services from other professionals for similar projects at any time the CITY so chooses. 2. INDEMNIFICATION The CONTRACTOR, and any agent or subcontractor, shall defend, indemnify and hold harmless the CITY and its officials, officers, board members, council members, commissioners, representatives, employees, agents, and contractors, against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, payments (including payments made under any Workers' Compensation Laws or under any plan for employees' disability and death benefits), and expenses (including reasonable attorney fees of the CITY and all other costs and expenses of litigation). Claims arising in any way, including any act, omission, failure, negligence or willful misconduct, in connection with the work, construction, maintenance, repair, presence, use, or operation by the CONTRACTOR, or the CONTRACTOR’s officers, directors, employees, agents, and sub-contractors, shall be responsible for Claims. Such Claims include, but are not limited to, the following: a. Intellectual property infringement, libel and slander, trespass, unauthorized use of television or radio broadcast programs and other program material, and infringement of patents; b. Cost of work performed by the CITY that was necessitated by the CONTRACTOR’s failure, or the failure of the CONTRACTOR’s officers, directors, employees, agents, or sub- contractors, to perform work, or maintain CITY facilities in accordance with the requirements and specifications of this Agreement, or from any other work authorized under this Agreement; c. Damage to property, injury to or death of any person arising out of the performance or nonperformance of any work or obligation undertaken by the CONTRACTOR, or CONTRACTOR’s officers, directors, employees, agents, and sub-contractors, pursuant to this Agreement; 14

Item 2. [Type here] Exhibit A [Type here] 3. PROCEDURE FOR INDEMNIFICATION a. The CITY shall give notice promptly to the CONTRACTOR of any claim or threatened claim, specifying the factual basis for such claim and the amount of the claim. If the claim relates to an action, suit or proceeding filed by a third party against the CITY, the notice shall be given to the CONTRACTOR by the CITY no later than ten (10) calendar days after written notice of the action, suit or proceeding was received by the CITY. b. Failure to timely give the required notice will not relieve the CONTRACTOR from its obligation to indemnify the CITY unless the CITY is materially prejudiced by such failure. c. The CITY will have the right at any time, by notice to the CONTRACTOR, to participate in or assume control of the defense of the claim with counsel of its choice, which counsel must be reasonably acceptable to the CONTRACTOR. The CONTRACTOR agrees to cooperate fully with the CITY. If the CITY so assumes control of the defense of any third-party claim, the CONTRACTOR shall have the right to participate in the defense at its own expense. If the CONTRACTOR does not so assume control or otherwise participate in the defense of any third-party claim, it shall be bound by the results obtained by the CITY with respect to the claim. d. If the CITY assumes the defense of a third-party claim as described above, then in no event will the CITY admit any liability with respect to, or settle, compromise or discharge, any third-party claim without the CONTRACTOR’s prior written consent, and the CONTRACTOR will agree to any settlement, compromise or discharge of any third-party claim which the CITY may recommend which releases the CITY completely from such claim. e. Municipal Liability Limits. No provision of this Agreement is intended, or shall be construed, to be a waiver for any purpose by either entity of any applicable State limits on municipal liability. f. Disclaimer. The CITY makes no express or implied warranties with regard to its structures, fixtures, materials, or other equipment, all of which are hereby disclaimed. The CITY makes no other express or implied warranties, except to the extent expressly set forth in this Agreement. The CITY expressly disclaims any implied warranties of merchantability or fitness for a particular purpose g. Duty to Competent Supervision and Performance. The CONTRACTOR shall ensure that its employees, servants, agents, and subcontractors have the necessary qualifications, skill, knowledge, training, and experience to protect themselves, their fellow employees, employees of the CITY, and the general public, from harm or injury while performing work permitted pursuant to this Agreement. In addition, the CONTRACTOR shall furnish its employees, servants, agents, and subcontractors with competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner. h. Duty to Inform. The CONTRACTOR further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM FALLING) inherent in the work necessary to perform the work expected under this agreement by the CONTRACTOR’s employees, servants, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform the CONTRACTOR’s employees, servants, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same. A-2 15

Item 2. [Type here] Exhibit A [Type here] 4. INSURANCE A. Prior to the commencement of any work and until completion and final payment is made for the work / final acceptance of the work for the Project No. 21-0004PW, the Contractor will provide and maintain the following minimum levels of insurance at Contractor’s own expense. The cost of the required insurance shall be included in the Contractor’s proposal price and no adjustment shall be made to the contract price on account of such costs unless such approval is provided. The term Contractor shall include Subcontractors and Sub-Subcontractors of every tier. Contractor shall furnish Certificates of Insurance evidencing and reflecting the effective date of coverage as outlined below. In no event shall Work be performed until the required evidence of Insurance is provided in accordance with these Contract Documents and is approved by the City of Dover. If found to be non-compliant, the City of Dover may purchase the required insurance coverage(s) and the cost will be borne by the Contractor through direct payment/reimbursement to the City of Dover or the City of Dover may withhold payment to the Contractor for amounts owed to them. a. All insurance shall be procured from insurers permitted to do business in the State in which the project is taking place and having an A.M. Best Rating of at least “A- , Class VIII”. b. Contractor shall not have a Self Insured Retention (SIR) on any policy greater than $50,000, which is the responsibility of the Contractor. If Contractor’s policy(ies) has a Self Insured Retention exceeding this amount, approval must be received from the City of Dover prior to starting work. In the event any policy includes an SIR, the Contractor is solely responsible for payment within the SIR of their policy(ies) and the Additional Insured requirements specified herein shall be provided within the SIR amount(s). c. All insurance required herein, with the exception of the Professional Liability Insurance, shall be written on an “occurrence” basis. Claims-Made coverage must include: i. The retroactive date must be on or prior to the start of work under this contract; and ii. The Contractor must purchase “tail coverage/an extended reporting period” or maintain coverage for a period of three years, subsequent to the completion of their work / final payment. d. The Contractor’s insurance carrier (s) shall agree to provide at least thirty (30) days prior written notice to the City of Dover in the event coverage is canceled or non-renewed. In the event of cancellation or non-renewal of coverage(s), it is the Contractor’s responsibility to replace coverage to comply with the Contract requirements so there is no lapse of coverage for any time period. In the event the insurance carriers will not issue or endorse their policy(s) to comply with the above it is the responsibility of the Contractor to report any notice of cancellation or non-renewal at least thirty (30) days prior to the effective date of this notice. A-3 16

Item 2. [Type here] Exhibit A [Type here] e. Contractor shall provide the City of Dover with Certificates of Insurance, evidencing the insurance coverages listed below, ten days prior to the start of work and thereafter upon renewal or replacement of each coverage. The Contractor shall not begin any work until the City of Dover has reviewed and approved the Certificate of Insurance. The required insurance shall not contain any exclusions or endorsements, which are not acceptable to the City of Dover. Failure of the City of Dover to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the City of Dover to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. With respect to insurance maintained after final payment in compliance with a requirement below, an additional certificate(s) evidencing such coverage shall be provided to the City of Dover with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the time period for which such insurance must be maintained. f. Owner/Client and the City of Dover, (including the City of Dover’s Parent, Subsidiaries, and Affiliates) shall be added as ADDITIONAL INSUREDS on all liability policies (except Workers’ Compensation and Professional Liability Policy, where applicable), for ongoing operations and completed operations (using ISO Endorsements CG 2010 and CG 2037, or their equivalents) on a primary noncontributory basis. Coverage to include ongoing and completed operations. Each of the Additional Insured’s respective directors, officers, partners, members, employees, agents and representatives shall also be afforded coverage as an Additional Insured. Coverage should be provided for a period of three years subsequent to the completion of work/final payment. If you are operating in a state that has implemented the “Anti-Indemnity” Additional Insured Endorsements, you are required to provide the state specific additional insured endorsements for ongoing and completed operations. These states include but are not limited to: Montana, New Mexico, Oregon, Colorado, Kansas, California, Louisiana, and Texas. The City of Dover reserves the right to require Contractor to name other parties as additional insureds as required by the City of Dover. There shall be no “Insured versus Insured Exclusion” on any policies (other than “Named Insured versus Named Insured”); all policies will provide for “cross liability coverage” as per standard ISO policy forms. g. Waiver of Rights of Subrogation: Contractor shall waive all rights of recovery against Owner/Client, the City of Dover and all the additional insureds for loss or damage covered by any of the insurance maintained by the Contractor. h. The amount of insurance provided in the required insurance coverages, shall not be construed to be a limitation of the liability on the part of the Contractor. i. The carrying of insurance described shall in no way be interpreted as relieving the Contractor of any responsibility or liability under the contract. A-4 17

Item 2. [Type here] Exhibit A [Type here] j. Any type of insurance or any increase in limits of liability not described above which the Contractor requires for its own protection or on account of statute shall be its own expense. k. Contractor shall promptly notify the City of Dover and the appropriate insurance company(ies) in writing of any accident(s) as well as any claim, suit or process received by the Contractor arising in the course of operations under the contract. The Contractor shall forward such documents received to his insurance company(ies), as soon as practicable, or as required by their insurance policy(ies). REQUIRED COVERAGES - the following may be provided through a combination of primary and excess policies in order to meet the minimum limits set forth below: 1. Worker’s Compensation and Employers’ Liability Insurance. Statutory worker’s compensation benefits and employers’ liability insurance with a limit of liability no less than that required by Delaware law at the time of the application of this provision for each accident. This policy shall be endorsed to include a waiver of subrogation in favor of the City of Dover. The Contractor shall require subcontractors and others not protected under its insurance to obtain and maintain insurance that includes: a. Workers’ Compensation Coverage: Statutory Requirements b. Employers Liability Limits not less than: Bodily Injury by Accident: $100,000 Each Accident Bodily Injury by Disease: $100,000 Each Employee Bodily Injury by Disease: $500,000 Policy Limit c. Includes coverage for sole proprietors, partners, members or officers who will be performing the work. 2. Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to, the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage, broad form property damage, independent contractor’s coverage with Limits of liability not less than the following: a. Occurrence Form with the following limits: i. General Aggregate: $2,000,000 ii. Products/Completed Operations Aggregate: $2,000,000 iii. Each Occurrence: $1,000,000 iv. Personal and Advertising Injury: $1,000,000 b. Products/Completed Operations Coverage must be maintained for a period of at least three (3) years after final payment / completion of work (including coverage for the Additional Insureds as set forth in these Insurance Requirements). c. The General Aggregate Limit must apply on a Per Project basis. d. No Exclusions for residential construction with respect to the work to be A-5 18

Item 2. [Type here] Exhibit A [Type here] completed by the Contractor. (If Applicable) e. Coverage for “Resulting Damage”. f. No sexual abuse or molestation exclusion. g. No amendment to the definition of an “Insured Contract”. h. The definition of an “Insured Contract” must be amended to provide coverage for all work on or within 50 feet of a railroad, if applicable. A stand alone Railroad Protective Liability policy may be required based on the scope of this project. 3. Automobile Liability Insurance. a. Coverage to include All Owned, Hired and Non-Owned Vehicles (or “Any Auto”), if you do not have any Owned Vehicles you are still required to maintain coverage for Hired and Non-Owned Vehicles as either a standalone policy or endorsed onto the Commercial General Liability policy above. b. Per Accident Combined Single Limit $1,000,000 c. For Contractor(s) involved in the transportation of hazardous material, include the following endorsements: MCS-90 and ISO-9948. 4. Commercial Umbrella Liability: a. Policy(ies) to apply on a Following Form Basis of the following: i. Commercial General Liability, ii. Automobile Liability, and iii. Employers Liability Coverage. b. Minimum Limits of Liability Occurrence Limit: $10,000,000 c. Aggregate Limit (where applicable): $10,000,000 5. Professional Liability Insurance: (IF DESIGNATED BY CONTRACTOR’S SCOPE OF WORK) a. Minimum Limits of Liability Per Claim Limit: $2,000,000 Aggregate Limit: $2,000,000 b. The Definition of “Covered Services” shall include the services required in the scope of this contract. c. Coverage shall be extended to cover “Green Building”, if applicable. A-6 19

Item 2. [Type here] Exhibit A [Type here] 6. Privacy Liability: (IF DESIGNATED BY CONTRACTOR’S SCOPE OF WORK) a. Subcontractor shall maintain coverage for third party liability arising out of breach of privacy, inclusive of confidential and proprietary business information, HIPAA violations and other breaches of personally identifiable information and/or protected health information, that may arise from their work with this contract. b. Minimum Limits of Liability: Per Claim: $1,000,000 Aggregate: $1,000,000 c. Privacy Breach Notification and Credit Monitoring: $250,000 Per Occurrence. 7. Qualification; Priority; Contractors’ Coverage. The insurer must be authorized to do business under the laws of the State of Delaware. Such insurance will be primary. All contractors and all of their subcontractors who perform work on behalf of Contractor shall be responsible for carrying, in full force and effect, worker’s compensation and employer’s liability, and automobile liability insurance coverage. 8. Certificate of Insurance; Other Requirements. At the execution of this Agreement and prior to each insurance policy expiration date during the term of this Agreement, Contractor will furnish the City of Dover with a Certificate of Insurance with the CITY named as an additional insured. The Certificate shall reference this Agreement and worker’s compensation and property insurance waivers of subrogation required by this Agreement. The City of Dover shall be given thirty (30) calendar days advance notice of cancellation or nonrenewal of insurance during the term of this Agreement. 9. Limits. The limits of liability set out in this Agreement may be increased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal or other governmental compensation plans, or laws which would materially increase the City of Dover’s exposure to risk. 10. Deductible/Self-insurance Retention Amounts. Contractor shall be fully responsible for any deductible or self-insured retention amounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. 5. CODES, LAWS, AND REGULATIONS The CONTRACTOR will comply with all applicable codes, laws, regulations, standards, and ordinances in force during the term of this Agreement. 6. PERMITS, LICENSES, AND FEES The CONTRACTOR will obtain and pay for all permits and licenses required by law that are associated with the CONTRACTOR’s performance of the Scope of Services. 7. ACCESS TO RECORDS A-7 20

Item 2. [Type here] Exhibit A [Type here] The CONTRACTOR will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available for examination by the CITY during the CONTRACTOR’s normal business hours. Said records will be maintained for a period of three (3) years after the date of the invoice. 8. CONTINGENT FEES PROHIBITED The CONTRACTOR warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach of this provision, the CITY shall have the right to terminate this Agreement without further liability and at its discretion, deduct from the contract price, or otherwise recover, the full amount of any such fee, commission, percentage, gift or consideration paid in breach of this Agreement. 9. PAYMENT It is understood and agreed by and between the parties hereto that this Contract is for TIME AND MATERIAL ONLY and as needed by the City. All requests for payment shall be accompanied by supporting documentation which will include proof of the work performed in accordance to the Contract Documents and other CITY required supporting documentation. Any reimbursement for expenses shall include receipts or copies of the invoices. No other costs or services shall be billed to the CITY. 10. INDEPENDENT CONTRACTOR The CONTRACTOR is an independent contractor and as such will be responsible for paying his own Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this agreement. 11. ASSIGNMENT Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to the Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto. 12. NO THIRD-PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than the CONTRACTOR and the CITY. 13. JURISDICTION The laws of the State of Delaware shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Kent County, Delaware. 14. TERM AND TERMINATION All or part of this Agreement may be terminated by the CITY for its convenience on thirty (30) days A-8 21

Item 2. [Type here] Exhibit A [Type here] written notice to the CONTRACTOR. In such event, the CONTRACTOR will be entitled to compensation for services competently performed up to the date of termination. In the event of termination not the fault of the CONTRACTOR, the CONTRACTOR shall be compensated for with Reimbursable Expenses then due and all Termination Expenses. 15. CONTACT PERSON The primary contact person under this Agreement for the CONTRACTOR shall be Name: _____________________________, Phone No.:_________________________, Address:______________________________. The primary contact person under this Agreement for the CITY shall be Paul Waddell, Electric Director, Electric Department, 302-736-7088, pwaddell@dover.de.us. 16. APPROVAL OF SERVICE PERSONNEL The CITY reserves the right to approve the contact person and the persons actually performing the services on behalf of the CONTRACTOR pursuant to this Agreement. If the CITY, in its sole discretion, is dissatisfied with the contact person or the person or persons actually performing the services on behalf of the CONTRACTOR pursuant to this Agreement, the CITY may require the CONTRACTOR assign a different person or persons be designated to be the contact person or to perform the services hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates under each signature. All State Electrical Services CITY OF DOVER By: By: Matthew C. Harline_________________ Title: Title: Interim City Manager_______________ Signature: Signature: Date: Date: A-9 22

Item 3. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Utility Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: Feb 1, 2021 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Evaluation of Bids - Underground Linework Contract REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Matthew Harline, Interim City Manager / Lori Peddicord, Controller EXHIBITS: Exhibit A – Draft Contract for Underground Linework EXPENDITURE REQUIRED: As required AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Funding will be from applicable Contractual Services budgets. TIMETABLE: Award upon Council Approval RECOMMENDED ACTION: Staff recommends awarding the #21-0019EL Underground Linework Contract to Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. BACKGROUND AND ANALYSIS The Electric Department maintains contracts with several entities to perform specialized work outside the City’s capabilities. This contract will be awarded on a time and material basis and the City will only pay for services rendered by the contractor. The scope of the contract will be for assistance in the performance of underground linework outside the normal capabilities of City staff, for example, large extension projects or assistance during storm recovery. Since the last contract was signed, there have been no expenses related to underground linework being performed by the contractor. The Request for Proposal was solicited and advertised per the City Purchasing Policy by the Procurement Manager, posted on the City website and sent directly to eight contractors of whom the City was aware could perform the duties and the City received complete bid packages from two contractors. Upon evaluation of the two bids, the staff recommends award of the contract to Joseph R. Smith for the period of three years with the option to extend two additional one year periods. Proposer: Evaluation Score Evaluation Score Evaluation Score #1: #2: #3: Joseph R. Smith 73 75 75 AUI, Inc. 58 55 52 23

Item 3. Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of the _____ day of ________ in the year 2021, between The City of Dover, a Delaware Municipal Corporation, whose address is 15 Loockerman Plaza, Dover, Delaware 19901 (hereinafter referred to as the CITY), and Joseph R. Smith Inc. , whose address is, ___________________________ (hereinafter referred to as the CONTRACTOR). NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement, and for other good and valuable considerations, the parties agree as follows: 1. SERVICES The CONTRACTOR shall perform the following services: SEE REQUEST FOR PROPOSAL FOR UNDERGROUND LINEWORK, RFP NO.: 21-0019EL AND THE SUBMITTED PROPOSAL FORM. Nothing herein shall limit the CITY's right to obtain proposals or services from other professionals for similar projects at any time the CITY so chooses. 2. INDEMNIFICATION The CONTRACTOR, and any agent or subcontractor, shall defend, indemnify and hold harmless the CITY and its officials, officers, board members, council members, commissioners, representatives, employees, agents, and contractors, against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, payments (including payments made under any Workers' Compensation Laws or under any plan for employees' disability and death benefits), and expenses (including reasonable attorney fees of the CITY and all other costs and expenses of litigation). Claims arising in any way, including any act, omission, failure, negligence or willful misconduct, in connection with the work, construction, maintenance, repair, presence, use, or operation by the CONTRACTOR, or the CONTRACTOR’s officers, directors, employees, agents, and sub-contractors, shall be responsible for Claims. Such Claims include, but are not limited to, the following: a. Intellectual property infringement, libel and slander, trespass, unauthorized use of television or radio broadcast programs and other program material, and infringement of patents; b. Cost of work performed by the CITY that was necessitated by the CONTRACTOR’s failure, or the failure of the CONTRACTOR’s officers, directors, employees, agents, or sub- contractors, to perform work, or maintain CITY facilities in accordance with the requirements and specifications of this Agreement, or from any other work authorized under this Agreement; c. Damage to property, injury to or death of any person arising out of the performance or nonperformance of any work or obligation undertaken by the CONTRACTOR, or CONTRACTOR’s officers, directors, employees, agents, and sub-contractors, pursuant to this Agreement; 24

Item 3. Exhibit A 3. PROCEDURE FOR INDEMNIFICATION a. The CITY shall give notice promptly to the CONTRACTOR of any claim or threatened claim, specifying the factual basis for such claim and the amount of the claim. If the claim relates to an action, suit or proceeding filed by a third party against the CITY, the notice shall be given to the CONTRACTOR by the CITY no later than ten (10) calendar days after written notice of the action, suit or proceeding was received by the CITY. b. Failure to timely give the required notice will not relieve the CONTRACTOR from its obligation to indemnify the CITY unless the CITY is materially prejudiced by such failure. c. The CITY will have the right at any time, by notice to the CONTRACTOR, to participate in or assume control of the defense of the claim with counsel of its choice, which counsel must be reasonably acceptable to the CONTRACTOR. The CONTRACTOR agrees to cooperate fully with the CITY. If the CITY so assumes control of the defense of any third-party claim, the CONTRACTOR shall have the right to participate in the defense at its own expense. If the CONTRACTOR does not so assume control or otherwise participate in the defense of any third-party claim, it shall be bound by the results obtained by the CITY with respect to the claim. d. If the CITY assumes the defense of a third-party claim as described above, then in no event will the CITY admit any liability with respect to, or settle, compromise or discharge, any third-party claim without the CONTRACTOR’s prior written consent, and the CONTRACTOR will agree to any settlement, compromise or discharge of any third-party claim which the CITY may recommend which releases the CITY completely from such claim. e. Municipal Liability Limits. No provision of this Agreement is intended, or shall be construed, to be a waiver for any purpose by either entity of any applicable State limits on municipal liability. f. Disclaimer. The CITY makes no express or implied warranties with regard to its structures, fixtures, materials, or other equipment, all of which are hereby disclaimed. The CITY makes no other express or implied warranties, except to the extent expressly set forth in this Agreement. The CITY expressly disclaims any implied warranties of merchantability or fitness for a particular purpose g. Duty to Competent Supervision and Performance. The CONTRACTOR shall ensure that its employees, servants, agents, and subcontractors have the necessary qualifications, skill, knowledge, training, and experience to protect themselves, their fellow employees, employees of the CITY, and the general public, from harm or injury while performing work permitted pursuant to this Agreement. In addition, the CONTRACTOR shall furnish its employees, servants, agents, and subcontractors with competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner. h. Duty to Inform. The CONTRACTOR further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM FALLING) inherent in the work necessary to perform the work expected under this agreement by the CONTRACTOR’s employees, servants, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform the CONTRACTOR’s employees, servants, agents, contractors or subcontractors of such dangers, and to keep them A-2 25

Item 3. Exhibit A informed regarding same. 4. INSURANCE A. Prior to the commencement of any work and until completion and final payment is made for the work / final acceptance of the work for the RFP No. 21-0019EL, the Contractor will provide and maintain the following minimum levels of insurance at Contractor’s own expense. The cost of the required insurance shall be included in the Contractor’s proposal price and no adjustment shall be made to the contract price on account of such costs unless such approval is provided. The term Contractor shall include Subcontractors and Sub-Subcontractors of every tier. Contractor shall furnish Certificates of Insurance evidencing and reflecting the effective date of coverage as outlined below. In no event shall Work be performed until the required evidence of Insurance is provided in accordance with these Contract Documents and is approved by the City of Dover. If found to be non-compliant, the City of Dover may purchase the required insurance coverage(s) and the cost will be borne by the Contractor through direct payment/reimbursement to the City of Dover or the City of Dover may withhold payment to the Contractor for amounts owed to them. a. All insurance shall be procured from insurers permitted to do business in the State in which the project is taking place and having an A.M. Best Rating of at least “A- , Class VIII”. b. Contractor shall not have a Self Insured Retention (SIR) on any policy greater than $50,000, which is the responsibility of the Contractor. If Contractor’s policy(ies) has a Self Insured Retention exceeding this amount, approval must be received from the City of Dover prior to starting work. In the event any policy includes an SIR, the Contractor is solely responsible for payment within the SIR of their policy(ies) and the Additional Insured requirements specified herein shall be provided within the SIR amount(s). c. All insurance required herein, with the exception of the Professional Liability Insurance, shall be written on an “occurrence” basis. Claims-Made coverage must include: i. The retroactive date must be on or prior to the start of work under this contract; and ii. The Contractor must purchase “tail coverage/an extended reporting period” or maintain coverage for a period of three years, subsequent to the completion of their work / final payment. d. The Contractor’s insurance carrier (s) shall agree to provide at least thirty (30) days prior written notice to the City of Dover in the event coverage is canceled or non-renewed. In the event of cancellation or non-renewal of coverage(s), it is the Contractor’s responsibility to replace coverage to comply with the Contract requirements so there is no lapse of coverage for any time period. In the event the insurance carriers will not issue or endorse their policy(s) to comply with the above it is the responsibility of the Contractor to report any notice of cancellation or non-renewal at least thirty (30) days prior to the effective date of this notice. A-3 26

Item 3. Exhibit A e. Contractor shall provide the City of Dover with Certificates of Insurance, evidencing the insurance coverages listed below, ten days prior to the start of work and thereafter upon renewal or replacement of each coverage. The Contractor shall not begin any work until the City of Dover has reviewed and approved the Certificate of Insurance. The required insurance shall not contain any exclusions or endorsements, which are not acceptable to the City of Dover. Failure of the City of Dover to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the City of Dover to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. With respect to insurance maintained after final payment in compliance with a requirement below, an additional certificate(s) evidencing such coverage shall be provided to the City of Dover with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the time period for which such insurance must be maintained. f. Owner/Client and the City of Dover, (including the City of Dover’s Parent, Subsidiaries, and Affiliates) shall be added as ADDITIONAL INSUREDS on all liability policies (except Workers’ Compensation and Professional Liability Policy, where applicable), for ongoing operations and completed operations (using ISO Endorsements CG 2010 and CG 2037, or their equivalents) on a primary noncontributory basis. Coverage to include ongoing and completed operations. Each of the Additional Insured’s respective directors, officers, partners, members, employees, agents and representatives shall also be afforded coverage as an Additional Insured. Coverage should be provided for a period of three years subsequent to the completion of work/final payment. If you are operating in a state that has implemented the “Anti-Indemnity” Additional Insured Endorsements, you are required to provide the state specific additional insured endorsements for ongoing and completed operations. These states include but are not limited to: Montana, New Mexico, Oregon, Colorado, Kansas, California, Louisiana, and Texas. The City of Dover reserves the right to require Contractor to name other parties as additional insureds as required by the City of Dover. There shall be no “Insured versus Insured Exclusion” on any policies (other than “Named Insured versus Named Insured”); all policies will provide for “cross liability coverage” as per standard ISO policy forms. g. Waiver of Rights of Subrogation: Contractor shall waive all rights of recovery against Owner/Client, the City of Dover and all the additional insureds for loss or damage covered by any of the insurance maintained by the Contractor. h. The amount of insurance provided in the required insurance coverages, shall not be construed to be a limitation of the liability on the part of the Contractor. A-4 27

Item 3. Exhibit A i. The carrying of insurance described shall in no way be interpreted as relieving the Contractor of any responsibility or liability under the contract. j. Any type of insurance or any increase in limits of liability not described above which the Contractor requires for its own protection or on account of statute shall be its own expense. k. Contractor shall promptly notify the City of Dover and the appropriate insurance company(ies) in writing of any accident(s) as well as any claim, suit or process received by the Contractor arising in the course of operations under the contract. The Contractor shall forward such documents received to his insurance company(ies), as soon as practicable, or as required by their insurance policy(ies). REQUIRED COVERAGES - the following may be provided through a combination of primary and excess policies in order to meet the minimum limits set forth below: 1. Worker’s Compensation and Employers’ Liability Insurance. Statutory worker’s compensation benefits and employers’ liability insurance with a limit of liability no less than that required by Delaware law at the time of the application of this provision for each accident. This policy shall be endorsed to include a waiver of subrogation in favor of the City of Dover. The Contractor shall require subcontractors and others not protected under its insurance to obtain and maintain insurance that includes: a. Workers’ Compensation Coverage: Statutory Requirements b. Employers Liability Limits not less than: Bodily Injury by Accident: $100,000 Each Accident Bodily Injury by Disease: $100,000 Each Employee Bodily Injury by Disease: $500,000 Policy Limit c. Includes coverage for sole proprietors, partners, members or officers who will be performing the work. 2. Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to, the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage, broad form property damage, independent contractor’s coverage with Limits of liability not less than the following: a. Occurrence Form with the following limits: i. General Aggregate: $2,000,000 ii. Products/Completed Operations Aggregate: $2,000,000 iii. Each Occurrence: $1,000,000 iv. Personal and Advertising Injury: $1,000,000 b. Products/Completed Operations Coverage must be maintained for a period of at least three (3) years after final payment / completion of work (including coverage for the Additional Insureds as set forth in these Insurance Requirements). A-5 28

Item 3. Exhibit A c. The General Aggregate Limit must apply on a Per Project basis. d. No Exclusions for residential construction with respect to the work to be completed by the Contractor. (If Applicable) e. Coverage for “Resulting Damage”. f. No sexual abuse or molestation exclusion. g. No amendment to the definition of an “Insured Contract”. h. The definition of an “Insured Contract” must be amended to provide coverage for all work on or within 50 feet of a railroad, if applicable. A stand alone Railroad Protective Liability policy may be required based on the scope of this project. 3. Automobile Liability Insurance. a. Coverage to include All Owned, Hired and Non-Owned Vehicles (or “Any Auto”), if you do not have any Owned Vehicles you are still required to maintain coverage for Hired and Non-Owned Vehicles as either a stand alone policy or endorsed onto the Commercial General Liability policy above. b. Per Accident Combined Single Limit $1,000,000 c. For Contractor(s) involved in the transportation of hazardous material, include the following endorsements: MCS-90 and ISO-9948. 4. Commercial Umbrella Liability: a. Policy(ies) to apply on a Following Form Basis of the following: i. Commercial General Liability, ii. Automobile Liability, and iii. Employers Liability Coverage. b. Minimum Limits of Liability Occurrence Limit: $10,000,000 c. Aggregate Limit (where applicable): $10,000,000 5. Professional Liability Insurance: (IF DESIGNATED BY CONTRACTOR’S SCOPE OF WORK) a. Minimum Limits of Liability Per Claim Limit: $2,000,000 Aggregate Limit: $2,000,000 b. The Definition of “Covered Services” shall include the services required in the scope of this contract. A-6 29

Item 3. Exhibit A c. Coverage shall be extended to cover “Green Building”, if applicable. 6. Privacy Liability: (IF DESIGNATED BY CONTRACTOR’S SCOPE OF WORK) a. Subcontractor shall maintain coverage for third party liability arising out of breach of privacy, inclusive of confidential and proprietary business information, HIPAA violations and other breaches of personally identifiable information and/or protected health information, that may arise from their work with this contract. b. Minimum Limits of Liability: Per Claim: $1,000,000 Aggregate: $1,000,000 c. Privacy Breach Notification and Credit Monitoring: $250,000 Per Occurrence. 7. Qualification; Priority; Contractors’ Coverage. The insurer must be authorized to do business under the laws of the State of Delaware. Such insurance will be primary. All contractors and all of their subcontractors who perform work on behalf of Contractor shall be responsible for carrying, in full force and effect, worker’s compensation and employer’s liability, and automobile liability insurance coverage. 8. Certificate of Insurance; Other Requirements. At the execution of this Agreement and prior to each insurance policy expiration date during the term of this Agreement, Contractor will furnish the City of Dover with a Certificate of Insurance with the CITY named as an additional insured. The Certificate shall reference this Agreement and worker’s compensation and property insurance waivers of subrogation required by this Agreement. The City of Dover shall be given thirty (30) calendar days advance notice of cancellation or nonrenewal of insurance during the term of this Agreement. 9. Limits. The limits of liability set out in this Agreement may be increased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal or other governmental compensation plans, or laws which would materially increase the City of Dover’s exposure to risk. 10. Deductible/Self-insurance Retention Amounts. Contractor shall be fully responsible for any deductible or self-insured retention amounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. 5. CODES, LAWS, AND REGULATIONS The CONTRACTOR will comply with all applicable codes, laws, regulations, standards, and ordinances in force during the term of this Agreement. A-7 30

Item 3. Exhibit A 6. PERMITS, LICENSES, AND FEES The CONTRACTOR will obtain and pay for all permits and licenses required by law that are associated with the CONTRACTOR’s performance of the Scope of Services. 7. ACCESS TO RECORDS The CONTRACTOR will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available for examination by the CITY during the CONTRACTOR’s normal business hours. Said records will be maintained for a period of three (3) years after the date of the invoice. 8. CONTINGENT FEES PROHIBITED The CONTRACTOR warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach of this provision, the CITY shall have the right to terminate this Agreement without further liability and at its discretion, deduct from the contract price, or otherwise recover, the full amount of any such fee, commission, percentage, gift or consideration paid in breach of this Agreement. 9. PAYMENT It is understood and agreed by and between the parties hereto that this Contract is for the cost of TIME AND MATERIAL ONLY while performing work for and that work is accepted by the City. All requests for payment shall be accompanied by supporting documentation which will include proof of the work performed in accordance to the Contract Documents and other CITY required supporting documentation. Any reimbursement for expenses shall include receipts or copies of the invoices. No other costs or services shall be billed to the CITY. 10. INDEPENDENT CONTRACTOR The CONTRACTOR is an independent contractor and as such will be responsible for paying his own Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this agreement. 11. ASSIGNMENT Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to the Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto. 12. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than the CONTRACTOR and the CITY. 13. JURISDICTION A-8 31

Item 3. Exhibit A The laws of the State of Delaware shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Kent County, Delaware. 14. TERM AND TERMINATION All or part of this Agreement may be terminated by the CITY for its convenience on thirty (30) days written notice to the CONTRACTOR. In such event, the CONTRACTOR will be entitled to compensation for services competently performed up to the date of termination. In the event of termination not the fault of the CONTRACTOR, the CONTRACTOR shall be compensated for with Reimbursable Expenses then due and all Termination Expenses. 15. CONTACT PERSON The primary contact person under this Agreement for the CONTRACTOR shall be Name: _____________________________, Phone No.:_________________________, Address:______________________________. The primary contact person under this Agreement for the CITY shall be Paul Waddell, Electric Director, Electric Department, 302-736-7088, pwaddell@dover.de.us. 16. APPROVAL OF SERVICE PERSONNEL The CITY reserves the right to approve the contact person and the persons actually performing the services on behalf of the CONTRACTOR pursuant to this Agreement. If the CITY, in its sole discretion, is dissatisfied with the contact person or the person or persons actually performing the services on behalf of the CONTRACTOR pursuant to this Agreement, the CITY may require the CONTRACTOR assign a different person or persons be designated to be the contact person or to perform the services hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates under each signature. Joseph R. Smith Inc. CITY OF DOVER By: By: Matthew C. Harline Title: Title: Interim City Manager_______________ Signature: Signature: Date: Date: A-9 32

Item 4. CITY OF DOVER, DELAWARE DEPARTMENT OF PLANNING AND INSPECTIONS ACTION FORM MEETING City Council Committee of the Whole: MEETING DATE: February 9, 2021 TYPE: Legislative, Finance, and Administration Committee SUBJECT: Update on Comprehensive Rezoning 2021 Project AGENDA Update on the implementation of the 2019 Comprehensive Plan by proceeding with DESCRIPTION: the Comprehensive Rezoning. PROCEEDING: Informational Item from Planning Office FUTURE MEETING Planning Commission Public Hearing: TBD SCHEDULE: City Council Public Hearing: TBD BACKGROUND AND ANALYSIS: City Council adopted the 2019 Comprehensive Plan on January 13, 2020. Under State law the City is required to review and ensure that the Land Development Plan of the Comprehensive Plan and the City’s Official Zoning Map are in alignment. This project is known as the Comprehensive Rezoning 2021 Project. This evaluation is to be completed within eighteen months of the Comprehensive Plan’s adoption/certification; for the City of Dover this is to be complete by June 2021. Part of this project is to go through a parcel-by-parcel evaluation and make sure that the Zoning Map and Land Development Plan Map match up. To do this Staff used GIS technology to compare the two maps. The Land Development Plan Map (Map 12-1 in the Comprehensive Plan) has broader general land use categories for all properties within the City. See attachment Map 12-1 as adopted. There is a Matrix within Chapter 12: Land Development Plan of the 2019 Comprehensive Plan presented as Table 12-1: Land Use and Zoning Matrix that includes the zoning districts that are appropriate within those larger land use categories. See attachment for Table 12-1 as adopted. Using GIS, the Planning Staff put the Zoning layer and Land Development Plan layer together to determine where there were inconsistencies. After the initial analysis Staff sifted through results to determine which parcels should be corrected by correcting the land use on the Comprehensive Plan’s Land Development Plan Map; where there may have been an error with the Plan text or something overlooked in the Land Use and Zoning Matrix; or where the correction should be addressed through rezoning. Our preliminary findings have resulted in over 160 parcels identified for rezoning. Of these identified parcels, around 100 parcels are proposed to be rezoned to ROS (Recreation and Open Space Zone). The reason for this high number of parcels needing to be rezoned to ROS (Recreation and Open Space Zone) is that as residential subdivisions have moved to completion all designated open space within the 33

Item 4. subdivision is to be taken to the ROS zone to further protect it from further development. These areas were identified as having an Open Space, Conservation and Recreation Land Use when the Land Development Plan was created and now the zoning must be changed to match the Land Use Category. Other parcels that may have been identified for rezoning are parcels that have uses that are not compatible with the current zoning or may have had to get Conditional Use approval in the past, but after the rezoning could be a permitted use. Another common scenario was parcels that were split zoned, or single parcels that straddle two or more zoning districts. In these cases, one zoning type may have been suitable for the Land Use Category, but the other was not. We have decided to take these parcels through the rezoning process to streamline the zoning for some parcels with split zoning so that the zoning across the parcel would be compatible with the land use. The next step in the Comprehensive Rezoning 2021 Project is to reach out to property owners whose properties have been identified for rezoning. Staff will be mailing letters to all property owners with information about the Comprehensive Rezoning process and giving them an opportunity to learn more from Staff. The Planning Office is working to develop an Informational Session to be held virtually at three different time slots on February 23, 2021 and other outreach activities. After the outreach to property owners, we will begin the preparation for the formal review process for consideration of the Comprehensive Rezoning 2021. The formal review process will involve public notice tasks, preparation of the Comprehensive Rezoning package (lists and maps identifying parcels), and scheduling of Public Hearings with the Planning Commission and City Council in order to accept or deny the proposed rezoning of parcels identified. After a decision has been made by City Council, the City’s Zoning Map will be edited to reflect the parcels that have been rezoned. As a companion piece to the Comprehensive Rezoning 2021 Project, Staff also anticipates bringing forward series of Amendments to the 2019 Comprehensive Plan. These Amendments will address Plan text changes and revisions to Land Use Category designated on the Map 12-1: Land Development Plan discovered during this parcel-by-parcel analysis and/or Comprehensive Rezoning process. The following Summary is a listing of a general Timeline of Events for the Comprehensive Rezoning 2021 Project: • August 2020 – Staff began the initial GIS analysis to identify discrepancies between the Land Development Plan Map and the Zoning Map. • September to December 2020 – Staff met on several occasions to identify areas that were missed by the initial GIS analysis and ground truth other parcels that were identified for rezoning. • January 2021 – Staff has finalized the list of properties to 162 parcels identified for rezoning in order to match the Land Development Plan as adopted as part of the 2019 Comprehensive Plan. • February 2021 – Public Outreach Activities: Letters will be drafted and mailed to identified property owners and a Virtual Information Session will be held to answer questions about the rezoning process. • February 23, 2021 – Virtual Information Sessions tentatively scheduled. • February - June 2021– Preparation for Formal Review & Public Hearing Process with Planning Commission and City Council. Attachments: • Map 12-1: Land Development Plan Map • Table 12-1: Land Use and Zoning Matrix 34

Item 4. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1 Land Development Plan.mxd Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Water Bodies 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 35 Division.

Item 4. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan LAND DEVELOPMENT PLAN MATRIX The following is the Matrix of possible zoning categories in each of the land use categories included on the Land Development Plan Maps: Table 12-1 Land Use and Zoning Matrix Land Use Category Zoning District R-20 (One Family Residence) R-15 (One Family Residence) Residential Low Density R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) R-8 (One Family Residence) R-7 (One Family Residence) RM-1 (Medium Density Residence) RM-2 (Medium Density Residence) Residential Medium Density RG-1 (General Residence) RG-2 (General Residence) RG-3 (Group Housing) RGO (General Residence and Office) MH (Manufactured Housing) C-1 (Neighborhood Commercial) RM-2 (Medium Density Residence) RGO (General Residence and Office) RG-1 (General Residence) RG-2 (General Residence) Residential High Density RG-3 (Group Housing) RG-4 (General Residence – Multi-Story Apartments) RG-5 (General Residence - Mid Rise Apartments) MH (Manufactured Housing) C-1 (Neighborhood Commercial) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) C-2 (Central Commercial) Commercial - Low Intensity C-2A (Limited Central Commercial) RGO (General Residence and Office) CPO (Commercial and Professional Office) IO (Institutional and Office) C-2A (Limited Central Commercial) C-3 (Service Commercial) C-4 (Highway Commercial) SC-1 (Shopping Center Commercial) Commercial – High Intensity SC-2 (Shopping Center Commercial) SC-3 (Shopping Center Commercial) RC (Recreational and Commercial) CPO (Commercial/Professional Office) IO (Institutional and Office) Page 12 - 26 – 2019 Comprehensive Plan Adopted 1.13.2020 36

Item 4. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan RC (Recreational and Commercial) Commercial – Entertainment IO (Institutional and Office) C-2 (Central Commercial) (Downtown Redevelopment Target Area Only) C-2A (Limited Central Commercial) TND (Traditional Neighborhood Design) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) RGO (General Residence and Office) (Downtown Mixed-Use Redevelopment Target Area Only) R-8 (One Family Residence) R-10 (One Family Residence) RG-1 (General Residence) RG-2 (General Residence) RG-4 (General Resident - Multi-Story Apartments) C-3 (Service Commercial) CPO (Commercial and Professional Office) IO (Institutional and Office) M (Manufacturing) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Industrial Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) C-3 (Service Commercial) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Public and Private Utilities Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) Any zone subject to conditions Right-of-Way Street, Road and Alley Rights-of-way IO (Institutional and Office) Institutional Institutional uses may be conditionally permitted in residential zones CPO (Commercial and Professional Office) Office and Office Parks IO (Institutional and Office) IPM (Industrial Park Manufacturing) RGO (General Residence and Office) A (Agricultural) Active Agriculture Agricultural uses may also exist in other zones ROS (Recreational and Open Space) Open Space RC (Recreational and Commercial) Source: Department of Planning and Inspections 2019 Comprehensive Plan Adopted 1.13.2020 Page 12 - 27 37