The URL can be used to link to this page

02/04/2021Thursday, February 4, 2021 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda February 4, 2021City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2)Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting (February 3) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Chi Chi Rodriguez Youth Foundation - James Poulter, Chief Executive Officer of the Chi Chi Rodriguez Youth Foundation, Inc. 5. Approval of Minutes 5.1 Approve the minutes of the January 21, 2021 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 2/4/2021 February 4, 2021City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Ratify and confirm the City Manager’s approval of the third allocation of Coronavirus Relief Funds distributed by the Florida Housing Finance Corporation. (consent) 7.2 Ratify and confirm approval of a Management Agreement between the City of Clearwater and The Greater Clearwater Regional Chamber of Commerce dba AMPLIFY Clearwater to provide visitor information services at the Clearwater Beach Visitor Information Center (BVIC) for the period February 1, 2021 through September 30, 2025 at a cost not to exceed $317,265 and authorize appropriate officials to execute same. (consent) 7.3 Authorize the award of Invitation to Bid 10-21, Liquid Propane Gas Tanks to Quality Steel Corporation of Cleveland, MS and Michel, LLC dba R.E. Michel Company LLC of Glen Burnie, MD in the cumulative annual not-to-exceed amount of $250,000 for the initial term of February 1, 2021 through January 31, 2022 with two one-year renewal options, and authorize the appropriate officials to execute same. (consent) 7.4 Authorize the award of Invitation to Bid 05-21, Sod Material and Services to Quality Sod and Landscaping Solutions of Tampa, Lira and Son Sod, Inc. of Lake Placid and Tom’s Sod Service, Inc. of Clearwater, FL for an annual amount not-to-exceed $300,000, with the option for two, one-year renewal terms and authorize the appropriate officials to execute same. (consent) 7.5 Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 23, 2021 for the City to utilize Pinellas County School buses at a cost of $1.50 per mile plus $31.00 per hour, for a total estimated cost of $20,000, and authorize the appropriate officials to execute same. (consent) 7.6 Approve a proposal by Construction Manager at Risk Biltmore Construction Company, Inc., of Belleair, Florida per Continuing Contracts RFQ 40-20, in the amount not to exceed $962,973.00 for the design, fabrication, and installation of Troy System acoustical panels at the District Three Operations and Training Center located at 2851 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 2/4/2021 February 4, 2021City Council Meeting Agenda 7.7 Ratify and confirm a Legal Services Agreement and Contract between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on environmental matters for a five-year period, in an amount not to exceed $100,000 and authorize the appropriate officials to execute same. (consent) 7.8 Approve a professional services agreement and work order with Advanced Engineering and Design, Incorporated, of Pinellas Park, Florida, per Request for Qualifications (RFQ) 29-20 for Nash Street and Old Clearwater Bay Improvements (19-0032-EN) in the amount of $545,789.01 and authorize the appropriate officials to execute same. (consent) 7.9 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities to support Duke’s new transformer at State Street Park and authorize the appropriate officials to execute same. (consent) 7.10 Authorize the award of Invitation to Bid No. 11-21, Vehicle Upfitting Services, to Enforcement One, Inc. of Oldsmar, FL, in an annual not-to-exceed amount of $250,000.00 for a period of one year, to include two one-year renewal terms at the City's option, and authorize the appropriate officials to execute same. (consent) 7.11 Appoint Frank Persechino to the Nuisance Abatement Board to fill the remainder of an unexpired term through August 31, 2023. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve a Future Land Use Map Amendment from the Residential Suburban (RS) category to the Residential Urban (RU) category for 2250 Nursery Road and pass Ordinance 9427-21 on first reading. (LUP2020-10002) Page 4 City of Clearwater Printed on 2/4/2021 February 4, 2021City Council Meeting Agenda 9. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. 9.1 Approve a Zoning Atlas amendment from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District for 2250 Nursery Road and pass Ordinance 9428-21 on first reading. (REZ2020-10002) 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9425-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real properties whose post office addresses are 1280 Lakeview Road and 1298 Lakeview Road, all within Clearwater, Florida 33756, from Residential Medium (RM) and Residential Urban (RU) to Residential Low Medium (RLM). 10.2 Adopt Ordinance 9426-21 on second reading, amending the Zoning Atlas of the city by rezoning certain real properties whose post office addresses are 1280 Lakeview Road and 1298 Lakeview Road, all within Clearwater, Florida 33756, from Medium Density Residential (MDR) to Mobile Home Park (MHP). 10.3 Continue second reading of Ordinance 9427-21 to February 18, 2021 amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 2250 Nursery Road, Clearwater, Florida 33764 from Residential Suburban (RS) to Residential Urban (RU). 10.4 Continue second reading of Ordinance 9428-21 to February 18, 2021, amending the Zoning Atlas of the city to rezone certain real property whose post office address is 2250 Nursery Road, Clearwater, Florida 33764 from Low Density Residential (RL) to Medium Density Residential (RM). 10.5 Ordinance 9435-21 was denied on first reading and will not be heard on second reading. Page 5 City of Clearwater Printed on 2/4/2021 February 4, 2021City Council Meeting Agenda 11. City Manager Reports 11.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-05. 11.2 Approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after March 1, 2021 and pass Ordinance 9433-21 on first reading. 11.3 Accept a temporary easement from Crum Properties II, LLC to the City of Clearwater for ingress-egress access to certain real property located at 100 S. Missouri Avenue (Property), for purposes of completing Ground-Truthing and Verification therein, and authorize the appropriate officials to execute same. 11.4 Approve an appropriation of General Fund reserves and a Work Order to Engineer of Record Cardno, Inc., in an amount not to exceed $87,888, to complete archeological excavation at the Crum property, the former site of St. Matthew’s Baptist Church Cemetery, and authorize the appropriate officials to execute same. 11.5 Approve staff request to vacate an alley located within the Clearwater Gas Complex at 777 Maple Street, described as, All of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once part, and pass Ordinance 9434-21 on first reading. 11.6 Parks & Recreation Advisory Board 12. City Attorney Reports 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 6 City of Clearwater Printed on 2/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8753 Agenda Date: 2/4/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Chi Chi Rodriguez Youth Foundation - James Poulter, Chief Executive Officer of the Chi Chi Rodriguez Youth Foundation, Inc. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021 ~ Chi Chi Rodriguez Our Mission is to educate students in a public-private partnership and improve their academic performance, self- esteem, and character using the golf course as a living classroom. Academy ●First Tee - Clearwater ●Golf Club ●Driving Range HISTORY •Founded in 1979: operated at Glen Oaks 29-acre facility as After School Program •1989: opened public golf course on McMullen Booth Road for $4.5 million ($2.5 million fundraising campaign plus a $2 million debt that was paid off in 2012) •1993: opened Public School for 4th and 5th grades in partnership with Pinellas County School District •2007: expanded Public School to include 6th, 7th and 8th grade •2009: Assumed management of 30-acre Driving Range •2018: Extended Partnership Agreement with City of Clearwater through 2035 RECENT FOUNDATION ACCOMPLISHMENTS •2020 Golf Range Association of America Top 50 Stand Alone Range •2020 Safety Harbor Chamber of Commerce Non-Profit of the Year •2019 Upper Tampa Bay Regional Chamber of Commerce Upper Tampa Bay Cup – for a business or person who has gone over or above in the community •2017 National Golf Course Owners Association Course of the Year Finalist •2017 Upper Tampa Bay Regional Chamber of Commerce Medium Business of the Year •2016 Clearwater Regional Chamber of CHI CHI ACADEMY BREAKDOWN •90 Students •4th – 8th grade •Students are selected based on their difficulty keeping up academically and socially •Students are referred to the Academy by Pinellas County School Guidance Counselors •Need in the Community: “The high school dropout rate is a problem on which the business and civic community must collaborate to repair.” ~ Tom James, Board Chairman FIRST TEE - CLEARWATER BREAKDOWN •Teaches Core Values through golf, such as Honesty, Sportsmanship and having Confidence •Taught in the Academy each week •Serves 400 community youth through Summer Camp and Saturday programs as well as another 3,000 through the National School Program WHAT MAKES CHI CHI’S EDUCATIONAL PROGRAMS UNIQUE? The 170-acre campus, comprised of a public golf course and driving range, serves as a living classroom for the students to increase their knowledge of the world. HANDS-ON HORTICULTURE WITH TWO GARDENS LIFE SKILLS THROUGH GOLF WITH FIRST TEE -CLEARWATER WILDLIFE TOURS OF GOLF COURSE WITH NATIVE BIRD BOXES SHADOW CHI CHI TEAM MEMBERS FOR REAL LIFE JOB EXPERIENCE RECENT EDUCATIONAL RESULTS Middle School Math & Science Midterm Exams 2019-2020 School YearMATH – Class Average 6th Grade: 1% higher than the District 7th Grade: Same as the District (.4% higher) SCIENCE – Class Average 6th Grade: 4% higher than the District 7th Grade: 7% higher than the RECENT EDUCATIONAL RESULTS Overall High School Graduation Rate: 78% Alumni Spotlight: Shannon & Ta’miya In 2020, two alumni students graduated high school a year early! Shannon (left) from Largo High School and Ta’miya (right) from Enterprise High School. IMPROVEMENTS FOR COVID-19 •Academy •Individual Student Desks in all classrooms •Plexi Protection Shields for lunches and use for special occasion events •Businesses •Plexi Protection Shields at all Pro Shop counters •Businesses remained open throughout all of 2020 with adopting updated social distancing and cleaning measures to keep all customers and guests safe GOLF COURSE & DRIVING RANGE Recreational space to the Community every year: •Over 50,000 rounds of Golf •Over 40,000 buckets of balls Proceeds from the businesses fund the educational programs: FINANCIALS *Fiscal Year: July 1, 2019 to June 30, 2020 Golf Club Income:$1,281,815 Driving Range Income:$605,639 Foundation Income:$1,092,176 Total Operating Income:$2,979,630 Golf Club Expenses:$1,130,272 Driving Range Expenses:$402,309 Foundation Expenses:$980,930 Total Operating Expenses:$2,513,511 Net Operating Income: $466,119 CAPITAL IMPROVEMENTS •2009-2011: $489,868 total improvements at Driving Range (assumed management in 2009) •Summer 2018: $418,718 - Golf Course Greens, Tee Boxes, Cart Path, Bridges and Drainage •2022: Irrigation Project approximately $700,000 ANY QUESTIONS? Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8623 Agenda Date: 2/4/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the January 21, 2021 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021 City Council Meeting Minutes January 21, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, January 21, 2021 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes January 21, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Rev. Norma Fontaine -Philbert of Garden of Grace Ministries 3. Pledge of Allegiance 4. Approval of Minutes 4.1 Approve the minutes of the December 17, 2020 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bunker moved to approve the minutes of the December 17, 2020 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5. Citizens to be heard re items not on the agenda Eleanore Lyde thanked City Council, CRA staff, the Downtown Clearwater Merchants Association, and the Downtown Development Board for their support and efforts associated with closing Cleveland Street for outdoor dining. She has enjoyed the outdoor dining, the music, the CRA lighting and the Cleveland Street Sip and Stroll events. Lina Teixeira thanked Council and staff for their continued support and assistance with the 400-500 block street closure on Cleveland Street, which has created a new synergy during the COVID pandemic. She said Draft City Council Meeting Minutes January 21, 2021 Page 3 City of Clearwater the Downtown Clearwater Merchants Association and The District are holding fundraiser events on the 4th Thursday of every month; 10% of proceeds will support a local charity. She invited all to attend this month's Dine out for a Difference that will benefit the Strategic Alliance to Fight Exploitation (SAFE); the organization provides safe housing for victims of human trafficking. Susan Hester-Carillo thanked the City for sunshine. She said tourism is a great aspect of Florida and supported Clearwater's policies on tourism and the environment. She requested more funding for clean water filtration technologies, water filtration plants and clean water initiatives. 6. Consent Agenda – Approved as submitted less Item 6.2. 6.1 Approve a revocable sub-license agreement between the City of Clearwater, Clearwater Historical Society, a non-profit corporation, and Kairoi Performing Arts Cultural Center, Inc. (Kairoi), a non-profit corporation, for use of the Plumb House and authorize the appropriate officials to execute same. (consent) 6.2 Approve a Management Agreement between the City of Clearwater and The Greater Clearwater Regional Chamber of Commerce dba AMPLIFY Clearwater to provide visitor information services at the Clearwater Beach Visitor Information Center (BVIC) for the period February 1, 2021 through September 30, 2025 at a cost not to exceed $317,265 and authorize the appropriate officials to execute same. (consent) Item pulled by staff 6.3 Approve the Contract for Purchase of Real Property by the City of Clearwater of certain real property located at 1011 Engman Street, with a purchase price of $350,000 and total expenditures not to exceed $391,000, authorize the appropriate officials to execute same, together with all other instruments required to affect closing, and approve the transfer of $391,000 from general fund reserves at first quarter to cover the cost of the purchase. (consent) 6.4 Approve the reallocation of funds budgeted for co-sponsorship events that were canceled due to Covid-19 and allow funds to be used for newly requested smaller special events that meet Covid-19 protocols and authorize the appropriate officials to execute same. (consent) 6.5 Approve not-to-exceed increase of $160,000 to Hilltop Securities Inc. (Hilltop) for spring training deal structure consulting services provided by ICON Venue Group, LLC d/b/a CAA ICON (CAA ICON) as subconsultant to Hilltop and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes January 21, 2021 Page 4 City of Clearwater 6.6 Approve purchase order(s) to Miracle Recreation Equipment Co. of Monett, OH, for the purchase of playground equipment in an amount of $136,894.18, pursuant to Clearwater Code of Ordinances 2.564 (1) (d) Other Government Entities, and authorize the appropriate officials to execute same. (consent) 6.7 Approve the Pinellas County Combined Mutual Aid Agreement for law enforcement services for the period February 1, 2021 through January 31, 2025 and authorize the appropriate officials to execute same. (consent) 6.8 Approve a Memorandum of Agreement (Agreement) between Bob Gualtieri, as Sheriff of Pinellas County, Florida (Sheriff) and the City of Clearwater Police Department to establish a Pilot Co-Responder Program to handle mental health related calls for service and authorize the appropriate officials to execute same. (consent) 6.9 Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida, per Invitation to Bid (ITB) 20-0026-EN for the 2021 Sidewalks project, in the amount of $750,000 for an initial one-year term with an option to renew for three, one-year renewal terms on a unit price basis and authorize the appropriate officials to execute same. (consent) 6.10 Approve an Easement Subordination to Florida Department of Transportation (FDOT) for the purpose of maintaining a Digital Message Sign (DMS) in the vicinity of Nursery Road and U.S. 19 North and authorize the appropriate officials to execute same. (consent) 6.11 Authorize an increase to Contract 901066 to Florida Department of Management Services Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines, and toll-free lines, in an amount of $30,000 for a new not to exceed amount of $164,220 for the period October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities and authorize the appropriate officials to execute same. (consent) Councilmember Hamilton moved to approve the Consent Agenda, less Item 6.2, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Continue to February 4, 2021: Approve staff request to vacate an alley located within the Clearwater Gas Complex at 777 Maple Street, described as, All of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 Draft City Council Meeting Minutes January 21, 2021 Page 5 City of Clearwater and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once part, and pass Ordinance 9434-21 on first reading. City staff recommends the alley vacation within the Clearwater Gas Complex. Said alley is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated. Councilmember Beckman moved to continue Item 7.1 to February 4, 2021. The motion was duly seconded and carried unanimously. 7.2 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2776 N. Terrace Drive, and pass Ordinances 9419-21, 9420-21 and 9421-21 on first reading. (ANX2020-10011) This voluntary annexation petition involves 0.204-acres of property consisting of one parcel of land occupied by a single-family dwelling. The parcel is located on the north side of N. Terrace Drive approximately 120 feet west of El Trinidad Drive E. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing city limits in all directions and the annexation will eliminate an enclave. It is proposed that the property be assigned Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer line is located in the N. Terrace Drive right-of-way. The owners are aware of the sewer impact and assessment fees that must be paid in full prior to connection and of the additional costs to extend City sewer service to the property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Draft City Council Meeting Minutes January 21, 2021 Page 6 City of Clearwater Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed Water/Drainage Feature Overlay recognizes the drainage easement along the northern boundary of the property. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city limits in all directions. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bunker moved to approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2776 N. Terrace Drive. The motion was duly seconded and carried unanimously. Ordinance 9419-21 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9419-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9420-21 was presented and read by title only. Vice Mayor Allbritton moved to pass Ordinance 9420-21 on first reading. The Draft City Council Meeting Minutes January 21, 2021 Page 7 City of Clearwater motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9421-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9421-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 7.3 Approve a Future Land Use Map amendment from the Residential Medium (RM) and Residential Urban (RU) categories to the Residential Low Medium (RLM) category for two parcels located at 1280 and 1298 Lakeview Road and pass Ordinance 9425-21 on first reading. (LUP2020-10001) This Future Land Use Map amendment involves an 8.908-acre property consisting of two parcels located on the north side of Lakeview Road, approximately 950 feet east of Missouri Avenue. The parcels are currently occupied by a mobile home park (Parcel No. 1, as depicted on Map 2 of the Community Development Board Staff Report) on the 8.767-acre parcel and a one-story office building (Parcel No. 2, also on Map 2) on the 0.141-acre parcel. The applicant, Cobblestone I CTC, LLC, is requesting to amend the future land use designations of Residential Medium (RM) (Parcel No. 1) and Residential Urban (RU) (Parcel No. 2) to Residential Low Medium (RLM). The applicant has submitted a Zoning Atlas amendment for Parcel No. 2, which is being processed concurrently with this case (see REZ2020-10001). Parcel No. 1 is an existing mobile home park with 113 dwelling units and a clubhouse/office. The applicant recently purchased Parcel No. 2 and intends to combine the parcels and convert the existing office building to a clubhouse for the use of the residents. The current future land use designation of Parcel No.1 as Residential Medium (RM) allows moderate to high density residential to a maximum of 15 dwellings units per acre but is inconsistent with the existing Mobile Home Park (MHP) zoning designation, which must be retained to allow for the existing use of the property. The current future land use designation for Parcel No. 2 as Residential Urban (RU) allows for urban low density residential to a maximum density of 7.5 dwelling units per acre. The proposed Residential Low Medium (RLM) category allows for low to moderate density residential and residential equivalent uses at a maximum density of 10 dwelling units per acre. The requested amendment would bring consistency between the future land use and zoning designations for Parcel No. 1 and allow the proposed clubhouse on Parcel No. 2 to be included in the overall mobile home park. The applicant also requested to terminate the existing mobile home park’s non-conformities related to density and setbacks which the Community Development Board approved at its December 15, 2020 meeting (FLD2020-09018), dependent on City Council approval of LUP2020-10001 and REZ2020-10001. Should the site Draft City Council Meeting Minutes January 21, 2021 Page 8 City of Clearwater be redeveloped in the future, this amendment will reduce the maximum number of units that could be constructed on the property from 132 dwelling units to 89 dwelling units. The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. The underlying Countywide Plan Map Category for Parcel No. 1 is Residential Medium (RM) and for Parcel No. 2 is Residential Low Medium (RLM). In accordance with the Countywide Plan Rules, the land use plan amendment for Parcel No. 1 is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. Since the proposed City of Clearwater future land use designation of Residential Low Medium (RLM) for Parcel No. 2 is consistent with the underlying Countywide Plan Map category, no amendment is required to the Countywide Plan Map for Parcel No. 2. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its December 15, 2020 public hearing and made a unanimous recommendation of approval to the Council. Councilmember Bunker moved to approve a Future Land Use Map amendment from the Residential Medium (RM) and Residential Urban (RU) categories to the Residential Low Medium (RLM) category for two parcels located at 1280 and 1298 Lakeview Road. The motion was duly seconded and carried unanimously. Ordinance 9425-21 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9425-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes January 21, 2021 Page 9 City of Clearwater 7.4 Approve a Future Land Use Map Amendment from the Residential Suburban (RS) category to the Residential Urban (RU) category for 2250 Nursery Road and pass Ordinance 9427-21 on first reading. (LUP2020-10002) This Future Land Use Map amendment involves a 0.875-acre property on the north side of Nursery Road approximately 645 feet east of Belcher Road. The parcel is currently owned by Larry L. and Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005. The applicant is requesting to amend the future land use designation from Residential Suburban (RS) to Residential Urban (RU). The applicant has submitted a Zoning Atlas amendment, which is being processed concurrently with this case (see REZ2020-10002). The property is currently a residential use and includes two buildings which were annexed into the City in 1999 as two residential units. Although the applicant has indicated that three attached dwelling units and one detached dwelling unit are located on the site, staff has reviewed building permit records and determined that only two of the units were permitted. The current future land use designation of Residential Suburban (RS) allows for a maximum density of 2.5 dwelling units per acre. The proposed Residential Urban (RU) category primarily allows urban low density residential and residential equivalent uses at a maximum density of 7.5 dwelling units per acre. There would be an increase in development potential of four units, from two units to six, under this proposed amendment. The requested amendment would allow the property to become conforming in terms of density and could allow the property owner to request redevelopment as attached dwellings in the future through the Residential Infill Project use. There has been no site development application submitted at this time. The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. Draft City Council Meeting Minutes January 21, 2021 Page 10 City of Clearwater The underlying Countywide Plan Map category of Residential Low Medium (RLM) on the proposed amendment area is consistent with the proposed City of Clearwater future land use designation of Residential Urban (RU); therefore, no amendment is required to the Countywide Plan Map. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its December 15, 2020 public hearing and made a unanimous recommendation of approval to the Council. In response to questions, Planning and Development Director Gina Clayton said if the land use plan amendment is passed, the allowable development potential would increase so that the existing units are allowed, but the Applicant does not have building permits on file, showing the units were legally constructed. There are penalties and code enforcement action for the unpermitted units. She said if the Applicant wishes to keep the units, documentation confirming the units meet the building code will be required. When the property was annexed in 1999, there were two units on the property. One individual spoke in opposition. In response to questions, the City Attorney said staff is aware of the code enforcement fines. Assistant City Attorney Mike Fuino said the code enforcement case named the wrong offender; the notice of violation was addressed to an individual instead of the trust. The information obtained from the Pinellas County Property Appraiser was incorrect and the reason why the case was dismissed. It is his understanding, as of today, there are no active code enforcement issues on the property. A visual inspection was conducted today. Ms. Clayton said code inspectors do not access the property; the inspection was done from the street. Code Inspectors have tried to verify with the Applicant the number of units on the property; there are four mailboxes and two utility accounts. She said the Applicant verified in December that there are four units on the property. Ms. Clayton said there is a triple fee for work completed without a permit. Mr. Fuino said the $500,000 lien accrued over a four-year period. There are two meters and two legally permitted units located on the property. Applicant representative Housh Ghovaee reviewed the request to amend Draft City Council Meeting Minutes January 21, 2021 Page 11 City of Clearwater the land use that is currently consistent with Pinellas County. If approved by Council, the Applicant will not have to go Pinellas County and seek a land use amendment. The Applicant is wishing to demolish the buildings, which are in bad shape, and improve the property, which will require the project to go before Community Development Board. He said the land use is consistent with the neighborhood and would be a good transition to its surroundings. In response to a question, Mr. Ghovaee said Applicant plans to build six townhome units. Owner representative Travi Hott said there are two sheds on the property; the third shed was removed because it was not permitted. When the property was annexed, there were two units above the garage and property owner removed them when informed they were not permitted. The attorney did not handle the code enforcement matter and that is why the fines accrued. He said antique furniture is stored in the area above the garage. Mr. Hott does not know why the city code inspectors have not been given access to the property. Discussion ensued with concerns expressed that city code inspectors have not been given access to the property to confirm the status of the code issues. It was suggested the property owner allow the code inspectors access to the property and into the buildings to confirm the status of the code violations. Councilmember Hamilton moved to continue Item 7.4 to February 4, 2021. The motion was duly seconded and carried unanimously. 8. Quasi-Judicial Public Hearings 8.1 Approve a Zoning Atlas amendment from the Medium Density Residential (MDR) District to the Mobile Home Park (MHP) District for 1298 Lakeview Road and pass Ordinance 9426-21 on first reading. (REZ2020-10001) This Zoning Atlas amendment involves a 0.141-acre property on the north side of Lakeview Road, approximately 1250 feet east of Missouri Avenue. The parcel is currently owned by Cobblestone I CTC, LLC. The applicant is requesting to rezone the property from the Medium Density Residential (MDR) District to the Mobile Home Park (MHP) District. The applicant has submitted a Future Land Use Map amendment, which is being processed concurrently with this case (see LUP2020-10001). The proposed Mobile Home Park (MHP) District is compatible with the surrounding zoning districts and single-family and multifamily uses in the vicinity of the subject property. The applicant’s intent is to convert the existing office Draft City Council Meeting Minutes January 21, 2021 Page 12 City of Clearwater building on the property to a clubhouse for use by the residents of the abutting 113-unit mobile home park, while making minor improvements to the site. The requested amendment could allow the parcel to be redeveloped with one dwelling unit or limited non-residential uses, including retail or office uses intended to serve the residents of the mobile home park. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • The available uses in the Mobile Home Park (MHP) District are compatible with the surrounding area. • The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and • The proposed Mobile Home Park (MHP) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, existing improvements and the natural environment. The Community Development Board reviewed this application at its December 15, 2020 public hearing and made a unanimous recommendation of approval to the Council. Vice Mayor Allbritton moved to approve a Zoning Atlas amendment from the Medium Density Residential (MDR) District to the Mobile Home Park (MHP) District for 1298 Lakeview Road. The motion was duly seconded and carried unanimously. Ordinance 9426-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9426-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Approve a Zoning Atlas amendment from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District for 2250 Nursery Road and pass Ordinance 9428-21 on first reading. (REZ2020-10002) Draft City Council Meeting Minutes January 21, 2021 Page 13 City of Clearwater This Zoning Atlas amendment involves a 0.875-acre property on the north side of Nursery Road approximately 645 feet east of Belcher Road. The parcel is currently owned by Larry L. and Gladys Hilkert, as trustees under the trust dated the 30th day of August, 2005. The applicant is requesting to rezone the property from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District. The applicant has submitted a Future Land Use Map amendment, which is being processed concurrently with this case (see LUP2020-10002). The property is currently a residential use and includes two buildings which were annexed into the City in 1999 as two residential units. Although the applicant has indicated that three attached dwelling units and one detached dwelling unit are located on the site, staff has reviewed building permit records and determined that only two of the units were permitted. The proposed Medium Density Residential (MDR) District is compatible with the surrounding zoning districts and single family and multi-family uses that exist in the vicinity of the subject property. The requested amendment could allow the property owner to request redevelopment as attached dwellings in the future through the Residential Infill Project use. There has been no site development application submitted at this time. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding property properties and character of the neighborhood. • The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. • The proposed amendment will not adversely or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and • The proposed Medium Density Residential (MDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its December 15, 2020 public hearing and made a unanimous recommendation of approval to the Council. Draft City Council Meeting Minutes January 21, 2021 Page 14 City of Clearwater APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Councilmember Bunker moved to continue Item 8.2 to February 4, 2021. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9416-21 on second reading, annexing certain real property whose post office address is 1266 Sedeeva Circle North, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9416-21 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9416-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Adopt Ordinance 9417-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1266 Sedeeva Circle North, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 9417-21 was presented and read by title only. Vice Mayor Allbritton moved to adopt Ordinance 9417-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.3 Adopt Ordinance 9418-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1266 Sedeeva Circle North, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9418-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9418-21 on second and final reading. The motion was duly seconded and upon Draft City Council Meeting Minutes January 21, 2021 Page 15 City of Clearwater roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.4 Adopt Ordinance 9422-21 on second reading, annexing a portion of real property whose post office address is 2970 Gulf to Bay Boulevard, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9422-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9422-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.5 Adopt Ordinance 9423-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for a portion of real property whose post office address is 2970 Gulf to Bay Boulevard, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19 - Regional Center (US 19-RC). Ordinance 9423-21 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9423-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.6 Adopt Ordinance 9424-21 on second reading, amending the Zoning Atlas of the city by zoning a portion of real property whose post office address is 2970 Gulf to Bay Boulevard, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19. Ordinance 9424-21 was presented and read by title only. Vice Mayor Allbritton moved to adopt Ordinance 9424-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes January 21, 2021 Page 16 City of Clearwater 10. City Manager Reports 10.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-01. Councilmember Beckman moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 21-01 was presented and read by title only. Councilmember Bunker moved to adopt Resolution 21-01. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.2 Amend Clearwater Code of Ordinances Section 6.29, Alcoholic Beverages - Closing Hours, prohibiting the sale of alcoholic beverages by alcoholic beverage establishments between the hours of 1:00 a.m. to 8:00 a.m. in Clearwater Beach, Sand Key, and Island Estates and pass Ordinance 9435-21 on first reading. Clearwater Police District I encompass Clearwater Beach, Sand Key, and Island Estates. This area is predominantly a tourism district that includes residential property, and unique circumstances exist that require special considerations to avoid breeches of the peace. An analysis of police calls for service revealed the calls for service in Police District I maintain a consistent level from 11 p.m. until 4 a.m., while calls for service in Police District II and Police District III begin to sharply decline at 12 a.m. through 4 a.m. A further analysis of the calls in District I revealed many of the calls were disturbances and calls for service where alcohol is a factor. Pinellas County Code 6-29 prohibits the sale of alcoholic beverages between the hours of 3:00 a.m. to 8:00 a.m. It is allowable for the City of Clearwater to establish closing hours that are more restrictive than Pinellas County Code. Amending 6.29 to reflect a prohibition of the sale of alcoholic beverages by alcoholic beverage establishments between the hours of 1:00 a.m. to 8:00 a.m. in Clearwater Beach, Sand Key, and Island Estates is recommended to balance the interests of all parties in this geographic area with unique needs and challenges. In response to questions, Police Chief Daniel Slaughter said providing Draft City Council Meeting Minutes January 21, 2021 Page 17 City of Clearwater the establishments a 3-month period to address the matter would be insufficient to put measures in place and would put the comparative time in the middle of Spring Break. He recommended a 6-month period. One individual supported the 6-month period. He said all of the operations that serve alcohol after 1:00 a.m. are working together to address the matter and have a plan in place. They are listening and want to be part of the solution. He said if the operators determine their plan is not working, they will advise the City prior to the 6 months. One eComment was received in support which was read into the record by the City Clerk (see page 28). Chief Slaughter said he shared correspondence with the city manager late this afternoon from Shephard's management, which has taken a leadership role to create a coalition of the bar operators. They are working through the ideas but need additional time to provide Council a deliverable document. Shephard's General Manager Paul Andrews said the coalition is beginning to communicate with each other and working through ideas, such as undergoing alcohol awareness training by the State. The response to the suggested training has been positive. The coalition of the barkeepers will meet regularly and monthly when in season. Discussion ensued with comments made that the City must protect the brand of Clearwater Beach, which is an important economic engine for Clearwater and that all must work together and self police. A concern was expressed that details on how the disturbances will be addressed have not been provided. Support was expressed to provide the establishments six months to address the matter. Councilmember Hamilton moved to deny Item 10.2. The motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton and Councilmember Beckman Nays: 1 - Councilmember Bunker 10.3 Disband the Affordable Housing Advisory Committee and adopt Resolution 21-02. On September 23, 2020, the City Council adopted Resolution 20-50 which Draft City Council Meeting Minutes January 21, 2021 Page 18 City of Clearwater appointed the Neighborhood and Affordable Housing Advisory Board (NAHAB) and four additional members as the Affordable Housing Advisory Committee (AHAC). This action was necessary to comply with Florida Statute 420.9076. The AHAC reviewed the city’s policies, procedures, and land development regulations and provided recommendations in advance of city staff’s preparation of the Local Housing Assistant Plan. The AHAC’s objective was to recommend specific actions or initiatives to encourage or facilitate affordable housing. The AHAC’s recommendations were presented to the City Council December 17. The AHAC has completed its work for Fiscal Year 2020-2021 and therefore, the Council may sunset the committee. Per Florida Statutes, the AHAC must be appointed annually to review the Local Housing Incentives Strategies. Resolution 21-02 acknowledges the work of the AHAC has been completed and terminates their appointments. Vice Mayor Allbritton moved to disband the Affordable Housing Advisory Committee. The motion was duly seconded and carried unanimously. Resolution 21-02 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-02. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.4 Appoint Lindsay Dicus-Harrison to the Neighborhood and Affordable Housing Advisory Board to fill the remainder of an unexpired term through June 30, 2022. APPOINTMENT WORKSHEET BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 CHAIRPERSON: Peter Scalia MEETING DATE: 2nd Tues. most months PLACE: Main Library Draft City Council Meeting Minutes January 21, 2021 Page 19 City of Clearwater STAFF LIAISON: Chuck Lane APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer’s Representative. THE FOLLOWING ADVISORY BOARD MEMBER WILL BE RESIGNING AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Peggy Cutkomp - 1955 McKinley St., 33765 - Real Estate Agent Original appointment: 6/18/98 (currently serving 5th term until 6/30/22) (Citizen who is actively engaged as a real estate professional in connection with affordable housing) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Lindsay Dicus-Harrison - 12400 Chickasaw Trail, Largo, FL 33774 - Real Estate Broker (Citizen who is actively engaged as a real estate professional in connection with affordable housing) Zip codes of current members: 1 - 33703 1 - 33711 1 - 33755 2 - 33756 1 - 33765 1 - 34222 Current Special Qualifications: 1 Citizen actively engaged as an advocate for low-income persons in connection/affordable housing 1 Citizen actively engaged in the banking/mortgage Industry in connection/affordable housing 1 Citizen actively engaged as a not-for-profit provider of affordable housing 1 Citizen actively engaged as a real estate professional in connection/affordable housing 1 Citizen actively engaged in the residential home building industry in connection/affordable housing Draft City Council Meeting Minutes January 21, 2021 Page 20 City of Clearwater 1 Citizen who resides within the City of Clearwater 1 Citizen who represents employers within the City of Clearwater Councilmember Beckman moved to appoint Lindsay Dicus-Harrison to the Neighborhood and Affordable Housing Advisory Board to fill the remainder of an unexpired term through June 30, 2022. The motion was duly seconded and carried unanimously. 10.5 Appoint one member to the Parks and Recreation Board with term to expire January 31, 2025. APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Chairperson: Mark Rodriguez MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library - 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM THAT WILL BE EXPIRING AND NOW REQUIRES REPLACEMENT BY NEW APPOINTEE: 1. Jennifer Christou-Wood - 940 Lantana Ave., 33767 - Interior Design Original Appointment: 08/16/17 (0 Absences in the past year) (currently filling an unexpired term until 01/31/21) Interest in reappointment: No - (does not wish to serve another term per email confirmation) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Martin Armstrong - 3420 Deerfield Ln., 33761 - Environmental Consultant 2. Beth Davis - 1962 Harding Plaza, 33765 - VP Macy’s Countryside Draft City Council Meeting Minutes January 21, 2021 Page 21 City of Clearwater 3. John Devoti - 151 Marina Del Rey Ct., 33767 - Retired/Company Owner 4. Robert Farrer - 3359 Wind Chime Dr., 33761 - Financial Advisor Zip codes of current members on board: 1 at 33755 1 at 33756 1 at 33761 2 at 33765 2 at 33767 Councilmember Beckman moved to appoint Beth Davis to the Parks and Recreation Board with a term to expire January 31, 2025. The motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Bunker and Councilmember Beckman Nays: 3 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton Councilmember Hamilton moved to appoint Robert Farrer to the Parks and Recreation Board with term to expire January 31, 2025. The motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker Nays: 1 – Councilmember Beckman 10.6 Approve the 2021 State Legislative Agenda. Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City’s legislative liaison works closely with city staff and the City’s lobbying team in Tallahassee to draft a package that is beneficial to Clearwater, and to lobby that package locally and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues. Discussion ensued with council consensus to add the following items Draft City Council Meeting Minutes January 21, 2021 Page 22 City of Clearwater Issues to Support: - Additional funding for workforce and vocational training - Continued funding for Visit Florida - Increased funding for early learning programs for K-3 and VPK programs for public schools. - Funding for the PSTA Depot - Renewal of the Qualified Target Industry (QTI) tax credit program that is scheduled to expire in 2022. - Under intergovernmental coordination that supports sustainability, add following: clean energy, land conservation, smart growth, advocating for a planned transition to a 100% renewable energy goals, preserve open spaces and wetlands, to identify and address the impacts of climate change and sea level rise on natural resources and man-made infrastructure Under Issues to Oppose: Oppose expanding M-CORES (Multi-use Corridors of Regional Economic Significance) toll roads into rural Florida that would create more urban sprawl and ruin unspoiled part of the state. Councilmember Beckman moved to approve the 2021 State Legislative Agenda, as amended. The motion was duly seconded and carried unanimously. 10.7 Recommend Rev. Alethea Winston as the Clearwater at-large representative on the Pinellas Opportunity Council. After serving several terms on the Pinellas Opportunity Council (POC), Jeanette Crabbe no longer wishes to serve on the Council. The City must identify an individual who will serve as the Clearwater representative. The appointment will be confirmed prior to the POC’s January 26 meeting. Councilmember Beckman moved to recommend Rev. Alethea Winston as the Clearwater at-large representative on the Pinellas Opportunity Council. The motion was duly seconded and carried unanimously. 10.8 Call-ins during COVID pandemic Update Draft City Council Meeting Minutes January 21, 2021 Page 23 City of Clearwater IT Director Dan Mayer said staff researched the following alternatives: 1) Granicus, the City's agenda management system, provides an option if the council meetings are streamed live, 2) Zoom offers a call-in center, allowing individuals to call a dedicated number and leave voice message. The individuals will be required to identify themselves and the agenda item they are addressing. Staff will then listen to the message, identify the agenda item and caller, rename the digital audio files and order the files according to the agenda. He said staff cannot control the length of the voice message. The licensing fee is $6,000 annually. If the City chooses to use a special vanity number (i.e., 562-TALK), there will be an additional cost. Mr. Mayer said staff believes it can implement the Zoom option but it will take a lot of staff hours to prep the calls. The other concern would be the length of the meeting; Pinellas County experienced longer meetings during the pandemic due to the number of call-ins. In response to a question, Mr. Mayer said staff estimates 15 to 20 calls can be prepped in an hour. Discussion ensued with comments made that hearing someone's voice is important and that the public have opportunities to email or submit eComments if they are unable to attend the meetings. A concern was expressed with the cost and staff time associated with the call-in option. There was council consensus to not proceed with the call-in option. The Council recessed from 8:06 a.m. to 8:15 a.m. 10.9 PSTA/Clearwater Ferry Partnership Vice Mayor Allbritton said he would like to provide an update on PSTA at every council meeting. PSTA is looking for funding for the Intermodal Center. President Biden's American Rescue Plan includes $20 billion for transit and FDOT has committed matching funds for the Intermodal Center. He said PSTA has selected an architect to design the Intermodal Center, which will be approved in February. Vice Mayor Allbritton said he has asked several community stakeholders to submit letters supporting federal funding for the Intermodal Center. AVA is still running in St. Petersburg. PSTA is seeking additional funding to move AVA to Clearwater and Dunedin. The autonomous vehicle will head to Clearwater after Dunedin. The Clearwater Draft City Council Meeting Minutes January 21, 2021 Page 24 City of Clearwater route will be vetted by Planning; recent discussions have focused on the south Clearwater Beach area. He said there is federal funding for water taxi services. PSTA staff have approached the local operators to consider the waterborne transportation as a form of public transportation. 10.10 Demolition of Old City Hall The Vice Mayor requested consideration to move forward with the demolition of city hall to show progress on Imagine Clearwater. Discussion ensued with comments made that developers know the City is serious with moving forward with Imagine Clearwater since the RFP for the bluff properties has been released, and that developers may want to reuse some of the demolished rubble as infill. A concern was expressed with the cost associated with demolishing city hall. In response to a question, Assistant City Manager Micah Maxwell said estimated cost to demolish city hall is $529,993; the demolition would be completed in 140 days. The estimated reduction in utilities costs is estimated at $14,000 annually. Mr. Maxwell said the current utility costs is approximately $26,000. There was no council consensus to pursue any action. 10.11 Forward Pinellas Update Vice Mayor Allbritton said Forward Pinellas is a combination of the MPO and PPC. The Metropolitan Planning Organization has a direct route to federal funding for highways. He was appointed to the regional Tampa Bay Transportation Management Area, which is a regional MPO consisting of three counties (Hillsborough, Pasco and Pinellas). He will provide updates on the TMA as they begin to meet. 10.12 Discuss strategic visioning process. The City Manager said staff received resumes from individuals experienced Draft City Council Meeting Minutes January 21, 2021 Page 25 City of Clearwater in conducting strategic planning sessions. The intent tonight is to open the conversation and hold a deeper discussion at the next work session. In response to questions, the City Manager said the Institute of Government is a separate entity from the University of South Florida. The City Clerk said Mr. Karas' team includes a female-owned business; Firefly Productions handles the community engagement component. The Florida Institute of Government recently completed the City of Belleair's strategic plan. She said all individuals were asked to provide the same information; the Institute was working on a proposal for another municipality and provided that information. Mr. Horne said the City has worked with Mr. Streitmatter previously. The City Attorney said the strategic sessions are public; councilmembers may meet one-on-one with the facilitators. Staff was directed to obtain detailed proposals from Messrs. Karas and Streitmatter and to request a list of references (municipal and county organizations) from all respondents. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Allbritton shared a fun fact that at 9:21 p.m. in military time it will be 21:21 on 1/21/21. Councilmember Beckman thanked the citizens who watched or attended the meeting. She said Imagine Clearwater is breaking ground and the RFP is out for the bluff properties, the Strategic Plan and Greenprint are being updated this year, the City will have a new agreement with the Phillies, the City Manager and City Attorney will be retiring, and there will be new North Greenwood CRA; she encouraged all to stay engaged and stay informed. She said she would like to discuss the proposed reductions for the park portion of Imagine Clearwater since $1.3 million is being considered for the Memorial Causeway bridge lighting project. She would also like to schedule a discussion regarding sustainable buildings and what LEED certifications mean. Councilmember Hamilton expressed concern over information not provided to Council as it related to a Land Use/Rezoning cast that was presented tonight. He recognized Council’s Executive Assistant Patty Kuligowski who is retiring next week. He said he enjoyed working with her and looks forward to seeing her out in the community. He thanked her for everything she has done for all Council. He wished the Buccaneers good luck in the NFC Championship against Green Bay this weekend. Draft City Council Meeting Minutes January 21, 2021 Page 26 City of Clearwater Councilmember Bunker said he has enjoyed working with Patty Kuligowski, she was a highlight of his day in the office. He said with all the turmoil over the last several weeks in the Country, there was a breathtaking tribute to the victims who lost their lives to COVID, it was a touching and moving event and a nice way to usher in a new way forward. He said he hopes we can all come together and make progress in the City and across the Country. 13. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events and said the Cleveland Street closures in the 400 and 500 blocks have been extended to April 16, 2021. He said the City has issued the RFP on the bluff properties and he described the request. He said pool lifeguards are being recruited. He said key events are being cancelled due to COVID, including the Sugar Sand and Sea Blues Festivals. He thanked the NAACP for their outstanding virtual Martin Luther King, Jr. Day celebration. He thanked Executive Assistant Patty Kuligowski for her years of service and said her job is not easy as she dealt with difficult citizens who are nasty on the phone with her. He said he hopes for more civility in the Country going forward. He said the Humane Society is breaking ground tomorrow on a new facility to help save animals in the County. He passed on his condolences to the family of Suzanne Ruley who lost her battle with COVID. He said her spirit was amazing and she always had a smile and positive attitude and always had a song in her heart and on her lips. 14. Adjourn The meeting adjourned at 9:02 p.m. Mayor City of Clearwater Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card Name: e511) 7>av Address: City: C«` tz D VV eA zip: '5'376 6 Telephone Number: 11 7 LE)- ' t I-7 Email Address: ays Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: I i? 1,,•t,,t )c Zip: Telephone Number: r7- 7) CO 7g 3 (9 Email Address: Speaking under citizens to be heard re items not on the agenda? Ung Agenda item(s) to which you wish to speak: What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8688 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Ratify and confirm the City Manager’s approval of the third allocation of Coronavirus Relief Funds distributed by the Florida Housing Finance Corporation. (consent) SUMMARY: The State of Florida has been awarded funds pursuant to section 601(d) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Earlier this year, the Florida Housing Finance Corporation (FHFC) distributed two allocations of Coronavirus Relief Funds (CRF) to local governments to assist individuals and families who have been financially impacted by the COVID-19 pandemic. The two allocations combined for a total of $634,546 in CRF funds to be used by the City for the following program purposes or activities: i.Rental assistance payments (including back rent, deposits and utility payments); ii.Mortgage payments; iii.Housing re-entry assistance, such as security deposits, utility deposits, and temporary storage of household furnishings; iv.Foreclosure counseling; and v.10% of funds expended may be used for administration. Program guidelines require program closure by December 30, 2020. FHFC announced that, upon request, more funding was available to local governments who expended their CRF funds prior to December 30. As of December 8, the city had expended all CRF funds from the first two allocations; however, many residents still needed assistance. At that time, staff requested an additional $400,000. Staff informed FHFC it would expend as much of the additional funding as possible and would return any unused funds following the December 30 deadline. In total, the city processed payments totaling $853,975 to assist 248 Clearwater families financially impacted by the pandemic. An additional $85,397 was used for program administration. $95,174 will be returned to Florida Housing Finance Corporation. The City began receiving applications for its Rent, Mortgage and Utilities Assistance Program on August 13, 2020. Economic Development and Housing, Library and Finance staff combined efforts to sift through 1,726 applications. All eligible applications were funded. This intense intradepartmental effort was successful in assisting many Clearwater families in need while ensuring compliance with funding source regulations. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8801 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Ratify and confirm approval of a Management Agreement between the City of Clearwater and The Greater Clearwater Regional Chamber of Commerce dba AMPLIFY Clearwater to provide visitor information services at the Clearwater Beach Visitor Information Center (BVIC) for the period February 1, 2021 through September 30, 2025 at a cost not to exceed $317,265 and authorize appropriate officials to execute same. (consent) SUMMARY: The BVIC, built in 2002, is located adjacent to the Pier 60 playground on Clearwater Beach just west of the Clearwater Beach Municipal Marina. The center is a 15 ft. x 20 ft. air-conditioned concrete block structure of tropical seascape design compatible with existing beach buildings. The BVIC building will be provided to the operator rent-free and shall be open to serve the public. The days of the week and hours of operation will vary and be dependent upon anticipated tourism activity throughout the year. The City’s Building and Maintenance Division will maintain the structural integrity of the building. The City released RFP #02-21 on October 8, 2020 seeking an operator/management firm to provide public information services at the Clearwater BVIC. The City received one proposal by the November 6, 2020 deadline. The Selection Committee, comprised of Kris Koch, Senior Manager - Special Events Administration in Parks & Recreation Department, Audra Aja, Economic Development & Housing Department’s Marketing & Communication Coordinator, and Denise Sanderson, Director of Economic Development & Housing, met on November 20, 2020 to review and discuss the proposal. The meeting was open to the public and representatives of AMPLIFY Clearwater were in attendance. The Selection Committee unanimously recommended AMPLIFY Clearwater based on the following: ·Deemed by Procurement as a Responsible Bidder ·Demonstrated Experiences and References ·Overall Approach, including collaborations and partnerships ·Financial Plan ·Operations and Management Plan Staff then negotiated the Management Agreement, including hours and days of operation in Year 1 (February 1, 2021 through September 30, 2021) and financial responsibility for certain utilities. Payment of electricity which is not separately metered to the facility will continue to be the responsibility of the City. All other utilities are to be the responsibility of AMPLIFY Page 1 City of Clearwater Printed on 2/4/2021 File Number: ID#21-8801 Clearwater. AMPLIFY Clearwater will continue to act as a concierge service, providing exceptional service and information to the visitors of Clearwater Beach as it has for the past 18 years and will leverage partnerships and collaborations to maximize value and visitor experience for the City of Clearwater. Due to anticipated rising labor costs and still yet to be determined impacts to tourism due to the Coronavirus pandemic, staff recommends approval of the Management Agreement and the funding as follows: ·Year 1 (Fiscal Year (FY)21, partial) in the amount of $37,265 paid in three (3) installments. o February 1, 2021: $7,910 o April 1, 2021: $14,989 o July 1, 2021: $14,366 ·Years 2-5 (FY22 through FY25) in an amount no less than $50,000 and not to exceed $70,000 per fiscal year. o The annual amount, number of hours, and days of operation are to be determined annually through mutual written agreement between the City’s Economic Development & Housing Director and the CEO or Designee of AMPLIFY Clearwater. Such determination will be based on anticipated labor costs and tourism activity and will be budgeted through the department’s annual budget process. APPROPRIATION CODE AND AMOUNT: Funding in the amount of $37,265 is budgeted in the FY21 Economic Development budget (0109216-530300). Remaining term of the contract will be budgeted within the same. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/4/2021 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #02-21 Clearwater Beach Visitor Information Center Operator October 8, 2020 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, November 6, 2020 to provide for the operation of the Clearwater Beach Visitor Information Center. Brief Description: The City seeks an operator/management firm to provide public information services at the Clearwater Beach Visitor Information Center (BVIC). The BVIC welcomes visitors (local, national, and international) and provides a concierge-type service for the visitors to ask questions about attractions, events, dining, transportation and other local points-of-interest. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Beach Visitor Information Center Operator 2 RFP #02-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: November 6, 2020 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Beach Visitor Information Center Operator 3 RFP #02-21 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 PROPOSAL SUBMITTAL: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Companies may mail or hand-deliver proposals to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may INSTRUCTIONS Beach Visitor Information Center Operator 4 RFP #02-21 require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the INSTRUCTIONS Beach Visitor Information Center Operator 5 RFP #02-21 Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Beach Visitor Information Center Operator 6 RFP #02-21 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (response elements pgs. 22-23) Points Demonstrated Experience and References (Tab 2) 30 Overall Approach (Tab 3) 30 Financial Plan (Tab 4) 20 Operational & Management Plans (Tab 5) 20 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Beach Visitor Information Center Operator 7 RFP #02-21 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: October 8, 2020 Advertise Tampa Bay Times: October 14, 2020 Responses due: November 6, 2020 Review proposals: November 9-13, 2020 Presentations (if requested): November 19, 2020 Award recommendation: November 20, 2020 Council authorization: January 2021 Contract begins: February 1, 2021 TERMS AND CONDITIONS Beach Visitor Information Center Operator 8 RFP #02-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Beach Visitor Information Center Operator 9 RFP #02-21 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Beach Visitor Information Center Operator 10 RFP #02-21 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Beach Visitor Information Center Operator 11 RFP #02-21 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS Beach Visitor Information Center Operator 12 RFP #02-21 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Beach Visitor Information Center Operator 13 RFP #02-21 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or TERMS AND CONDITIONS Beach Visitor Information Center Operator 14 RFP #02-21 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without TERMS AND CONDITIONS Beach Visitor Information Center Operator 15 RFP #02-21 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may TERMS AND CONDITIONS Beach Visitor Information Center Operator 16 RFP #02-21 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Beach Visitor Information Center Operator 17 RFP #02-21 1. PROJECT MISSION. The City of Clearwater (City) is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. PROJECT GOAL. The City seeks an operator/management firm to provide public information services at the Clearwater Beach Visitor Information Center (BVIC). The BVIC welcomes visitors (local, national, and international) and provides a concierge-type service for the visitors to ask questions about attractions, events, dining, transportation and other local points-of-interest. 3. BACKGROUND. The City of Clearwater is a coastal community in west central Florida and the third largest city in the Tampa Bay region with an estimated 116,885 residents. The City’s 25.9‐ square mile incorporated area spans the Pinellas County peninsula between the Gulf of Mexico and Tampa Bay. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually. The destination was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar white” sand public beaches, lifeguards on duty 365 days a year, and a wide variety of casual and fine dining options. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation and release. Along with extensive outdoor activities available for visitors both on land and at sea, the city is home to world-renowned sporting and music events. The City maintains a website for tourism information at www.visitclearwaterflorida.com. The Clearwater Beach Visitor Information Center is an important component of the City’s tourism focus. The BVIC, built in 2002, is located at 1 Causeway Blvd, adjacent to the Pier 60 playground on Clearwater Beach, just west of the Municipal Marina. The BVIC has received approximately 40,000 visitors per year over the past five (5) years. The building is a 15-foot x 20-foot air- conditioned, concrete block structure, of tropical seascape design, compatible with existing beach buildings. 4. SCOPE OF WORK. The BVIC building will be provided to the operator rent-free for the term of the contract and shall be open to serve the public, excluding specific holidays (Thanksgiving, Christmas, and others as negotiated). The City will provide an alarm system, phone and internet connections (not services), internal furnishings and brochure racks. Major maintenance to preserve the structural integrity of the building and building systems such as lights, electrical circuits and air conditioning shall be the responsibility of the City. The City will provide an annual subsidy, settled during contract negotiations, to the BVIC operator as well as two (2) reserved parking spaces, at no charge, within proximity of building. The BVIC operator shall offer the highest quality of public information services to citizens, visitors and businesses. Information to be provided at the center should include local attractions, restaurants, accommodations, transportation, special events, City services, and other as may be appropriate. The BVIC operator shall maintain open communication with other welcome centers located in the surrounding area of Tampa Bay and Visit St. Pete/Clearwater (Pinellas County Convention and Visitors Bureau), providing essential information as to the condition of traffic, parking, weather, red tide, events, activities and other information deemed appropriate. Preference will be given to those operators that can demonstrate viable partnerships or opportunities with Visit St. Pete/Clearwater (VSPC) and Bandwagon, LLC (the agency with which the City has contracted for tourism public relations and marketing services) for any coordinated marketing efforts. Respondents shall provide a strategy to communicate services and information between others within the industry and act in DETAILED SPECIFICATIONS Beach Visitor Information Center Operator 18 RFP #02-21 accordance with all public and private partnerships. The BVIC shall be staffed with the appropriate number of employees to serve the needs of the public. Respondents shall designate a facility manager and outline a plan for staffing the center during hours of operation, which may change during peak and off-peak tourism seasons. The operator will ensure that all persons (whether paid staff or volunteers) working at the center are qualified to perform their duties. All equipment, merchandise and supplies to maintain operation of the BVIC shall be the responsibility of the operator. The operator shall pay utilities, operational expenses, sales and property taxes, and costs associated with applicable insurance requirements. The operator shall acquire all necessary permits and licenses and shall comply with all requirements of the Americans with Disabilities Act. The BVIC must be maintained in good condition, clean and free of debris. The BVIC shall remain open to the public during 10-20 annual signature events, even if outside normal operating hours. Prior to and during signature events, activities and programs affecting Clearwater, the operator will maintain communication with the City of Clearwater Parks and Recreation Special Events Administration staff and collaborate with center staff to ensure that services and information provided to the public corresponds with that of the City and event managers. The BVIC operator may sell City-approved sundry items that promote Clearwater, its businesses and attractions, including postcards, souvenirs, maps, etc. The operator may sell advertising space and disseminate advertising publications and other related information, to be approved by the City. The operator will not promote businesses outside of the city limits of Clearwater unless it is a unique attraction or business that complements Clearwater business offerings, to be approved by the City. The operator shall furnish quarterly reports identifying the number of clients served, the cost of services, and a commentary on the viability, effectiveness and trends affecting the BVIC. The sale or use of alcoholic beverages, unfair business promotion practices, and the use of the BVIC as another business or advertising facility is prohibited. 5. MINIMUM QUALIFICATIONS. The operator and its managers should have a minimum of five (5) years similar experience and be skilled in running a visitors’ center efficiently and effectively. Must be registered to do business in the City of Clearwater. 6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or DETAILED SPECIFICATIONS Beach Visitor Information Center Operator 19 RFP #02-21 borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. e. If the operator is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #02-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as DETAILED SPECIFICATIONS Beach Visitor Information Center Operator 20 RFP #02-21 contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Beach Visitor Information Center Operator 21 RFP #02-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. February 2021 through September 2025. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the term of the contract. RESPONSE ELEMENTS Beach Visitor Information Center Operator 22 RFP #02-21 a. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. b. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Demonstrated Experience of the Firm and Key Personnel and References. The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. Describe marketing and advertising experience with visitor information activities, and experience raising funds. c. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without permission of the City. Resumes, including relevant experience may be included. 2. References. A minimum of three (3) professional references must be provided, preferably from other public entities within the State of Florida, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. TAB 3 – Overall Approach. Your company’s approach to providing visitor information services to Clearwater visitors. The following information should be included: a. Describe in detail the information and any other services to be provided, the type of advertising envisioned, and items to be sold. b. An assessment of the proposer's abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor's inability to meet some of the requirements of the specifications. c. Describe the benefits the City could expect should the respondent be awarded the agreement to operate the BVIC as well as ideas for creativity/innovation that may be implemented. d. Describe any partnerships or opportunities for coordinated marketing efforts through Visit St.Pete/Clearwater. e. Provide a strategy to communicate services and information between others within the RESPONSE ELEMENTS Beach Visitor Information Center Operator 23 RFP #02-21 industry in accordance with all public and private partnerships. TAB 4 – Financial Plan. The City’s budget is $50,000 annually. Clearly define the program offered and your method of approach within this budget including, but not limited to the following elements: a. Detailed financial pro-forma including proposed annual City subsidy and plan for raising the additional funds for operations. b. List of credit references and resources available to perform the activities outlined in your proposal. c. Describe goals for the BVIC and measures of performance to be used. TAB 5 – Operations and Management Plans. Clearly define your method of approach including, but not limited to, the following elements: 1. Operations Plan. a. Staffing proposal; include how operator responsibilities outlined within this RFP will be addressed. b. Schedule of operations: hours and days of operation including holidays to remain open or closed; coordination with the City or other entities on special events, etc. Include proposed hourly working schedule of staff and number of parking spaces required. 2. Management Plan. a. Include safety and general maintenance of building. TAB 6 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Beach Visitor Information Center Operator 24 RFP #02-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Beach Visitor Information Center Operator 25 RFP #02-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Beach Visitor Information Center Operator 26 RFP #02-21 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Beach Visitor Information Center Operator 27 RFP #02-21 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Beach Visitor Information Center Operator 28 RFP #02-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Beach Visitor Information Center Operator 29 RFP #02-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #02-21, Clearwater Beach Visitor Information Center Operator Due Date: November 6, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #02-21, Clearwater Beach Visitor Information Center Operator Due Date: November 6, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Proposal #02-21 Clearwater Beach Visitor Information Center Operator 1 TAB 1: RFP #02-21 Letter of Transmittal 2 November 5, 2020 City of Clearwater Attn: Procurement Division 100 Myrtle Avenue, 3rd Floor Clearwater, FL 33756-5520 RE: RFP #02-21 Clearwater Beach Visitor Information Center Due: November 6, 2020 at 10:00AM AMPLIFY Clearwater enthusiastically submits the following proposal in response to RFP #02-21 to continue to serve as the operator for the Clearwater Beach Visitor Information Center, herein referred to as ‘BVIC’. AMPLIFY Clearwater, formed in 2019, is a new entity born out of the combination of the former Clearwater Regional Chamber of Commerce and Clearwater Beach Chamber of Commerce. This organization represents over 800+ businesses in the greater Clearwater area and is uniquely qualified to serve as the operator of this space, as outlined in this proposal. In addition to the connection to over 800+ area member businesses, AMPLIFY employs a strong leadership team dedicated to a quality visitor experience. The team works full-time in the tourism space staying connected to industry trends and partners while working tirelessly to ensure the destination specialists in this space are local experts on the area. This is why the Clearwater Beach Visitor Information Center is one of the ‘Top Things to Do’ on TripAdvisor year after year. AMPLIFY Clearwater’s main administrative office: Bank of America Tower 600 Cleveland Street, Suite 100 Clearwater, Florida 33755 www.amplifyclearwater.com 727-461-0011 AMPLIFY Clearwater has the established business plan, financial wherewithal and the experience to position it as a trusted and proven operator and partner to the City, and we are eager to assume/continue this contract from February 1, 2021 through September 2025. Respectfully submitted, Amanda Payne President/CEO Amanda@amplifyclearwater.com 3 TAB 2: RFP #02-21 Demonstrated Experience of the Firm and Key Personnel and References 4 Demonstrated Experience of the Firm and Key Personnel and References 1a. In this detailed response, AMPLIFY supplies an overview of its means, methods and commitment to the tourism industry of Clearwater. Additional details below will provide a clearer picture on how AMPLIFY will perpetuate and enhance the acclaimed visitor experience delivered 361 days a year at the Clearwater Beach Visitor Information Center at Pier 60. AMPLIFY Clearwater is a Florida Corporation, 501c6, and was established in October 2019 as a merger of the Clearwater Regional Chamber of Commerce and the Clearwater Beach Chamber of Commerce. While this newly formed organization has been in existence for slightly over one year, the team members employed have a strong history in the community and deep understanding of, and commitment to, the visitor experience in our market. 1b. AMPLIFY Clearwater’s revenues are budgeted and adequate to sustain its operations, programs and projects. This organization is financially sound and credit worthy, as demonstrated in its history of contract fulfillment with the City of Clearwater and other vendors. AMPLIFY Clearwater maintains cash reserves approximating six months of operating expenses, and has a revolving line of credit in place to cover short-term timing issues relative to cash flow. AMPLIFY has provided quarterly financial and statistical reports to the City during the pendency of its operation of the BVIC. AMPLIFY has grown its paid advertisers and continues to welcome additional advertisers and other sources of revenue to sustain the BVIC. AMPLIFY annually uses funds from its enterprise to subsidize the BVIC operations, which costs exceed the stipend contributed by the City. The tourism initiatives of AMPLIFY Clearwater are guided by a team of local and national industry experts, representing every sector of the industry, in order to ensure a well-rounded approach that is inclusive of all perspectives. In addition, we host regular gatherings of the Tourism Partners that provides educational opportunity, industry updates, and fosters connections. AMPLIFY’s tourism goals are simple: leverage every opportunity to distinguish Clearwater, mainland and its beaches, as a world class tourist destination for visits and repeat visits. AMPLIFY Clearwater, by past performance, has proven its commitment to the mission of the visitor information center and experience by offering the highest level of public information services to citizens, visitors and businesses. AMPLIFY has historically supplemented the City stipend for the operation of the beach visitor information center with the certain knowledge that it is a valuable service to the entire tourism stakeholder footprint of Clearwater, which includes Clearwater beaches. The true measure of performance is the continuing support and approval from the tourism stakeholders. 1c. Staff contacts – Amanda Payne, President/CEO, AMPLIFY Clearwater Amanda Pasdon Payne began her chamber career in her hometown community. Amanda grew up in a small town in Georgia which she left at the age of 26 determined to see the world. Her adventures landed her in Morgantown, West Virginia where she earned her Executive MBA from West Virginia University. Go ‘Eers! 5 She spent 10 years in West Virginia where she worked to better her community and the state. She served on various boards and aided in various community centered projects including the Girl Scouts, Habitat for Humanity and other child advocacy groups. Amanda currently serves as the President/CEO of AMPLIFY Clearwater. She also served in the West Virginia House of Delegates for three consecutive terms, serving as Chair of the House Education Committee in her last term and held the position of Vice President and CFO of the West Virginia Chamber of Commerce. Each of these positions brought with it a unique perspective and opportunity to affect positive change for business, education, health and communities. Amanda believes that knowledge and experience will aid greatly in her continuing to advocate on behalf on the Clearwater business community. She is an energetic and dynamic individual. Whether working with industry leaders, proudly serving her constituents, volunteering within her community or engaging for change, Amanda views each step of her path all preparatory for the next. Amanda proudly serves on the USF Kate Tiedemann College of Business advisory board. Amanda resides in Clearwater, Florida with her husband Chris, her two sons, J.C. and Jack. Kristina Alspaw, Executive Vice President, AMPLIFY Clearwater With over 2 decades of experience in the hospitality and tourism industry, Kristina brings a wealth of knowledge, history and relationships to her role overseeing the Beach Visitor Information Center. Kristina formerly served as the Visitor Experience Manager at the Clearwater Regional Chamber of Commerce where she worked to support the hospitality industry, rallying them around a common vision and connecting them through education and networking. She spent years managing the Beach Information Center, improving its functionality, design, and available information while enhancing training for the front-line staff. In her new role as Executive Vice President of AMPLIFY Clearwater, Kristina works alongside the CEO to execute the strategic vision of the organization across all departments, still dedicating the majority of her efforts to the tourism industry. Her work reaches beyond the Clearwater footprint with established relationships and work experience in St. Petersburg, Tampa, and across the state for Florida. She serves as the President for SKAL Tampa Bay Chapter, an elite membership based international tourism professional organization. Kristina is also on the board for Sunsets at Pier 60 and Ocean Allies. She works closely with most major destination events including The Pier 60 Sugar Sand Festival, Clearwater Jazz Holiday, The Clearwater Super Boat Races, Outback Bowl Beach Day and Game Day, and more. Kristina also oversees all visitor related publications and marketing opportunities including the sales and production of the Official Visitors Guide for Clearwater. Kristina received her Bachelor of Arts in Hospitality, Recreation and Tourism Management with a minor in International Business. She also holds a certificate from the University of South Florida in Post-Crisis Leadership and is a graduate of Leadership St. Pete 6 TAB 2-2: RFP #02-21 References More endorsements provided upon request. 7 8 9 10 TAB 3: RFP #02-21 Overall Approach 11 Overall Approach 3a. Describe in detail the information and any other services to be provided, the type of advertising envisioned, and items to be sold. Recent upgrades to the space have allowed for optimal organization of collateral and information therein. Printed collateral including guides, maps, and brochures line the walls in an organized and labeled fashion allowing guests to self-serve if desired. A destination specialist staffs the center during all open hours to provide recommendations, directions, and to answer any guest questions. This specialist also sells tickets to partnering attractions such as Busch Gardens and Clearwater Marine Aquarium. In compliance with RFPP #02-21, no competing items from Pier 60 concessions are sold in this space. 3b. An assessment of the proposer's abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor's inability to meet some of the requirements of the specifications. The tourism goals for AMPLIFY are simple: leverage every opportunity to distinguish Clearwater, mainland and its beaches, as a world class tourist destination. AMPLIFY embraces the City’s RFP, with all due respect for the process, and submits a proposal grounded in optimizing all variables for strengthening tourism within the Clearwater marketplace. AMPLIFY Clearwater recognizes the need for all marketing to evolve consistent with the innovations of web-based research and purchasing, electronic communications and social media to capture the interest and patronage of media, such as Facebook, Instagram and Twitter, to deliver live-feed and real-time reporting germane to tourists visiting or following Clearwater. AMPLIFY has established proven performance in the tourism marketing space, which equates to value- added benefits for the City through BVIC. The following products, services and nurtured relationships represent an enhancement to contracted tourism visitor information center services in Clearwater. Most of these items represent a deliverable unique to AMPLIFY Clearwater. •Availability of matching funds for tourism advertising activities available from VSPC that will generate more overnight visitors. Only Chambers of Commerce are eligible to apply for these matching funds. •Synergy and stability of memberships, networking and in some cases co-op advertising with VISIT FLORIDA, VSPC, etc. allowing for opportunities to direct focus upon Clearwater and its waterfront destinations. •AMPLIFY Clearwater produces and distributes the Official Visitors Guide for Clearwater •Established and proven cooperative relationship with Bandwagon, the agency overseeing public relations and tourism marketing on behalf of the City of Clearwater. •Continuity and credibility of work with the high profile and high impact major event producers/organizers, including, but not limited to, seizing the opportunity to host and/or participate in events such as the Pier 60 Sugar Sand Festival, Outback Bowl Beach Day, Clearwater Jazz Holiday, the Clearwater Super Boat Races, Clearwater’s Dolphin Trail and more. •In addition to operating BVIC, AMPLIFY Clearwater operates two other visitor center spaces, and is preparing to open a Welcome Center along the Courtney Campbell Causeway in partnership 12 with the City. This will create fantastic synergy along the most highly trafficked feeder artery for our visitors. •Jazz Holiday has its headquarters at the AMPLIFY downtown administrative office. This allows for immediate response to media inquiries, natural opportunities for (co) hosting media FAM trips. Distribution of Jazz collateral to visitors, and for the impulsive affirmation of pride that the City has in this signature event. •No travel costs incurred for meetings between the City and Chamber staffs with the close proximity of offices, thereby conserving resources that may be applied to other tourism purposes. •Co-op advertising system in place for the major properties and attractions, which recognize AMPLIFY’s expertise and results. •AMPLIFY Clearwater’s executive and staff, board and members support tourism and recognize it as Clearwater’s number 1 industry. The combined expertise of these committed staff and volunteer leaders provide incredible intangible resources and invaluable in-kind resources to this body of work. •AMPLIFY has an established track record for soliciting sponsors for events and activities and has enhanced tourism marketing as a result. •AMPLIFY has a vested interest in the success of all businesses in Clearwater. Approximately half of all AMPLIFY members function in tourism, AMPLIFY will continue to provide opportunities to these businesses that support their growth and vitality. •AMPLIFY is uniquely positioned to encourage patronage of tourism stakeholders. 3c. Describe the benefits the City could expect should the respondent be awarded the agreement to operate the BVIC as well as ideas for creativity/innovation that may be implemented. AMPLIFY has a clear vision and the City will benefit by tourism thriving. Tourism is the crown jewel and a major driver of the Clearwater economy. Paramount to the prosperity of Clearwater’s number 1 industry is the strengthening of cooperative efforts and collaboration. No one entity alone has all of the resources necessary to deliver all the work that must be done. AMPLIFY enjoys a productive and mutually beneficial relationship with most affected parties. The rewarding partnership with the City and AMPLIFY expands well beyond just the tourism visitor information center contract. AMPLIFY’s ability to liaise with all levels of government, the business community, media, other chambers, residents and visitors allows for heightened performance as it relates to the tourism visitor information center contract. Additionally, AMPLIFY Clearwater has a separate contract with Bandwagon to create the brand voice and implement it across many mediums including website, social media, and print media such as the Official Clearwater Vacation Guide. This encourages a united voice across the market and creates additional opportunity for creativity with future projects and initiatives. 3d. Describe any partnerships or opportunities for coordinated marketing efforts through Visit St.Pete/Clearwater. AMPLIFY Clearwater enjoys a strong partnership with Visit St. Pete/Clearwater with open communications with multiple departments within their operation. AMPLIFY staff has led the charge county-wide for a more coordinated and cohesive messaging opportunity within the visitor information centers. This includes distribution racks, free guest items like hand sanitizers and sunscreen, and access to their online hotel booking widgets. VSPC also includes a full-page advertisement in the Visitors Guide and includes 13 our Visitors Center locations on their maps and information pieces both digitally and in print. AMPLIFY partners with VSPC with special events in market, sales missions, destination FAMs, and education of the industry through Tourism Partner Meetings as VSPC Marketing Summits. 3e. Provide a strategy to communicate services and information between others within the industry in accordance with all public and private partnerships. AMPLIFY Clearwater seeks out all available opportunities to get the Pier 60 Visitor Information Center on Visitor maps and materials, encouraging awareness for visitors and advertisers about the opportunity to promote through this space. This includes but is not limited to VISIT FLORIDA Vacation Guide, Visit St.Pete/Clearwater’s Destination Magazine, WHERE Tampa Bay, The Welcome Guide Map, the Official Visitors Guide of Clearwater and more. Additionally, media kits to become an advertiser are available on our website, distributed through our newsletter, and printed to be kept available at Pier 60 should an interested advertiser inquire. This media kit is provided to all new members of AMPLIFY Clearwater when they join the Chamber of Commerce and shared cooperatively with other Chambers of Commerce, Visit St.Pete/Clearwater, Bandwagon, and the City of Clearwater upon request. 14 TAB 4: RFP #02-21 Financial Plan 15 Financial Plan 4a. Having operated the BVIC since inception, AMPLIFY has a documented history of financial management which includes supplementing the City’s annual stipend of $50,000 remitted to AMPLIFY in quarterly installments. Annual operating costs for the contract period beginning February 1, 2021 are estimated as follows. These are all based on current market conditions such as workers comp, current minimum wage, and unemployment tax rate, all of which are subject to change: •Salaries & wages, including payroll taxes and payroll fees $88,000 •Annual Telephone & Internet connections $2,800 •Merchant service/credit card fees $2,100 •IT/Equipment $3,000 •Insurances $1,475 •Staff Education & Training $500 •Cleaning and Maintenance supplies, including increased COVID sanitization $2,000 •Display items $650 •Attraction Tickets $27,000 Total projected expense to operator $127,525 Annual income/revenue for the contract period beginning February 1, 2021 are estimated as follows: •BVIC Advertiser fees $10,000 •BVIC Attraction Tickets $28,000 •BVIC Stipend from City of Clearwater $50,000 Total projected revenue to operator $88,000 Projected investment required by operator: $39,525 AMPLIFY will continue to prospect additional sources of revenue for the BVIC with the ultimate goal to make it self-sustaining. This includes additional visibility for advertisers, an increase in the number of advertisers, and an expansion of area attraction tickets available for sale. It is important to note that we are learning in a post-COVID environment, traditional printed advertising is no longer the medium of choice for our advertisers. With that in mind, integrating digital opportunities will be vital. All projections above are based on historical conditions and projections for digital transition are ongoing. 4b. List of credit references and resources available to perform the activities outlined in your proposal Dotti Overton, The Bank of Tampa, 727-502-8445, doverton@bankoftampa.com Debra Jones, Regions Bank, 727-467-1001, debral.jones@regions.com More credit references available upon request 16 4c. Describe the goals for the BVIC and measures of performance to be used In line with the 15 years of operating experience in this space, AMPLIFY aims to continually enhance and deliver unparalleled concierge-type services for our destination through a dedicated and skilled team, creating geometric ROI to the City through visitor patronage of area businesses, restaurant and retail. This enhances economic development by encouraging repeat visitation and relocation of their families and businesses. Performance will be measured through renewing and new advertisers in the space, testimonials of industry partners, and visitor reviews of their experience through channels such as TripAdvisor. 17 TAB 5: RFP #02-21 Operations and Management Plans 18 Operations and Management Plans 5.1 Operations Plan a.Staffing Proposal – AMPLIFY proposes using a combination of paid hourly staff as well as volunteers to staff this space. b. Schedule of Operations – AMPLIFY has reviewed the established plan of operation, which is dictated by existing, in-force Management Agreement with the City, and by STANDARED TERMS AND CONDITIONS recited in the RFP #02-21. Upon review of historical visitation data, hours of operation, destination special events and shifts in seasonal trends, AMPLIFY recommends and adjusted schedule to ensure optimal visitor services. During peak seasons, we recommend extended hours 7-days per week. During slower seasons, we recommend a more limited schedule, supplemented by the other visitor spaces that we operate along Clearwater Beach. Should we be selected to operate this space, we are prepared to review an acceptable schedule in-depth alongside City staff. Team members will operate independently, one-at-a-time in this space and will have all of the necessary tools and resources to do so effectively. With shift changes and delivery access, AMPLIFY will need access to 2 parking spaces on Clearwater Beach. 5.2 Management Plan a. BVIC staff is accountable for daily maintenance, cleanliness and tidiness of the center itself. BVIC staff relies upon AMPLIFY for non-routine maintenance and the City has a role in some maintenance items per the specifications outlined in RFP #02-21. BVIC staff is trained for response to a variety of challenges/issues. In addition to knowing when to call 911, the BVIC staff has a directory of numbers to resolve visitor questions and any life safety issues. 19 TAB 6: RFP #02-21 Other Forms 20 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Beach Visitor Information Center Operator RFP #02-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: 21 VENDOR INFORMATION Beach Visitor Information Center Operator RFP #02-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address:Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. 22 VENDOR CERTIFICATION OF PROPOSAL Beach Visitor Information Center Operator RFP #02-21 By signing and submitting this Proposal, the Vendor certifies that: a)It is under no legal prohibition to contract with the City of Clearwater. b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c)It has no known, undisclosed conflicts of interest. d)The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f)It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g)Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j)It is current in all obligations due to the City. k)It will accept such terms and conditions in a resulting contract if awarded by the City. l)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: 23 CONTRACT THIS CONTRACT, entered into this __________ day of JanuaryFebruary, 2021, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City,” P.O. Box 4748, Clearwater, Florida 33758 and THE GREATER CLEARWATER REGIONAL CHAMBER OF COMMERCE d/b/a AMPLIFY CLEARWATER, a Florida corporation, hereinafter referred to as “AMPLIFY Clearwater,” 600 Cleveland Street, Suite 100, Clearwater, Florida 33755. WHEREAS, the City desires an operator/management firm to provide public information services at the Clearwater Beach Visitor Information Center (the “Facility”). The Facility welcomes visitors (local, national, and international) and provides a concierge-type service for the visitors to ask questions about attractions, events, dining, transportation and other local points-of-interest; and WHEREAS, AMPLIFY Clearwater agrees to provide public information services and operations/management of the Facility; NOW THEREFORE, in consideration of the promises stated herein, the City and AMPLIFY Clearwater mutually agree as follows: 1. SCOPE OF PROJECT. AMPLIFY Clearwater agrees to provide public information services under the terms and conditions set forth in Request for Proposal (RFP) No. 02-21, Clearwater Beach Visitor Information Center Operator, and AMPLIFY Clearwater’s response dated November 5, 2020 (both incorporated by reference [GM15-9216B-025/264340/1] Page 2 of 8 and made a part hereof as if set forth fully herein), and as further described in attached Exhibit A – Scope of Work (attached hereto and incorporated herein). The Facility will be provided to AMPLIFY Clearwater rent-free for the above purposes. 2. TIME OF PERFORMANCE. The initial Contract Term shall commence on February 1, 2021 and end September 30, 2025. 3. COMPENSATION. The City will pay AMPLIFY Clearwater a sum not to exceed $317,265 as described in Exhibit B – Fee Schedule (attached hereto and incorporated herein), inclusive of all reasonable and necessary direct expenses, if applicable. The City may, from time to time, require changes in the scope of the project of AMPLIFY Clearwater to be performed hereunder. Such changes, including any increase or decrease in the amount of AMPLIFY Clearwater’s compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and AMPLIFY Clearwater shall be effective when incorporated in written amendment to this Contract. 4. METHOD OF PAYMENT. AMPLIFY Clearwater’s invoices shall be submitted to the City for approval for payment on a Net 30 basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act, Section 218.70, Florida Statutes. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City’s budget. [GM15-9216B-025/264340/1] Page 3 of 8 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. The Greater Clearwater City of Clearwater Chamber of Commerce Denise Sanderson, Director Amanda Payne, President/CEO Economic Dev. & Housing 600 Cleveland St, Suite 100 P.O. Box 4748 Clearwater, FL 33755 Clearwater, Florida 33758 727-461-0011 727-562-4031 6. TERMINATION OF CONTRACT. Termination by the City is pursuant to RFP No. 02-21, Terms and Conditions. 7. INDEMNIFICATION AND INSURANCE. AMPLIFY Clearwater agrees to comply with all terms, provisions, and requirements contained in RFP No. 02-21. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, AMPLIFY Clearwater shall transfer, assign and make available to City or its representatives all property and materials in AMPLIFY Clearwater’s possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. [GM15-9216B-025/264340/1] Page 4 of 8 AMPLIFY Clearwater covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. AMPLIFY Clearwater agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Laura Mahony Rosemarie Call [GM15-9216B-025/264340/1] Page 5 of 8 Assistant City Attorney City Clerk The Greater Clearwater Chamber of Commerce dba AMPLIFY Clearwater Attest: _______________________ By: ________________________ Print Name: _____________ Amanda Payne President/CEO [REMAINDER OF PAGE INTENTIONALLY BLANK] [GM15-9216B-025/264340/1] Page 6 of 8 Exhibit A – Scope of Work Public Information Services • Provide printed collateral including guides, maps, and brochures. • Provide recommendations, directions, and answers to any guest questions including special and signature event information permitted by the City’s Parks & Recreation Department. • Sell tickets to partnering attractions such as Busch Gardens and Clearwater Marine Aquarium. In compliance with RFP #02-21, no competing items from Pier 60 concessions shall be sold in the Facility. • Utilize evolving marketing techniques consistent with the innovations of web-based research and purchasing, electronic communications and social media to capture the interest and patronage of media, such as Facebook, Instagram and Twitter, to deliver live-feed and real-time reporting germane to tourists visiting or following Clearwater. • Leverage partnerships and opportunities for coordinated marketing efforts through Visit St. Pete/Clearwater. • Seek all available opportunities to get the location of the Facility on maps and materials to increase awareness for visitors and advertisers. This includes but is not limited to VISIT FLORIDA Vacation Guide, Visit St.Pete/Clearwater’s Destination Magazine, WHERE Tampa Bay, The Welcome Guide Map, the Official Visitors Guide of Clearwater and more. Operations/Management of Facility • Staffing – A combination of paid hourly staff as well as volunteers to staff this space. • Schedule of Operations – To ensure optimal visitor services, hours of operation will adjust during peak and slow seasons, fluctuating between 35 and 56 hours per week in FY21. Future year operations are to be determined but will be no less than 35 hours per week and are not to exceed 75 hours per week based upon changes in tourism and visitor activity. • Facility Maintenance - Daily maintenance, cleanliness and tidiness of the center except that which is the responsibility of the City as described in RFP No. 02-21. Payment of utilities as required by the RFP shall not include utilities which are not separately metered to the Facility, specifically, waterelectricity, which serves other surrounding city facilities. • Management – Training of staff and volunteers; Necessary tools and resources to Public Information Services and Facility Maintenance. [GM15-9216B-025/264340/1] Page 7 of 8 • Provide all of services and operations as may be included in RFP No. 02- 21. [GM15-9216B-025/264340/1] Page 8 of 8 Exhibit B – Fee Schedule In consideration of the obligations undertaken by AMPLIFY Clearwater as well as the anticipated hours of operation in FY2020-2021, the City of Clearwater shall pay AMPLIFY Clearwater as follows: February 1, 2021 $7,910 April 1, 2021 $14,989 July 1, 2021 $14,366 Subtotal $37,265 The hours of operation in FY2022 through FY2025 are to be determined annually through mutual written agreement by and between AMPLIFY Clearwater and City of Clearwater Economic Development & Housing Department following careful analysis of past, current and anticipated visitor trends as well as current and anticipated labor costs. Therefore, in consideration of the obligations undertaken by AMPLIFY Clearwater as well as the hours of operation in FY2022 through FY2025, the City of Clearwater shall pay AMPLIFY Clearwater as follows: Time Period Minimum Maximum FY2021-2022 $50,000 $70,000 FY2022-2023 $50,000 $70,000 FY2023-2024 $50,000 $70,000 FY2024-2025 $50,000 $70,000 Subtotal $200,000 $280,000 TOTAL $237,265 $317,265 Payments for FY2022 through FY2025 shall be made in equal quarterly payments. Invoices shall be submitted Net 30 with payment due on or about October 1, January 1, April 1 and July 1 of each year. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8768 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 10-21, Liquid Propane Gas Tanks to Quality Steel Corporation of Cleveland, MS and Michel, LLC dba R.E. Michel Company LLC of Glen Burnie, MD in the cumulative annual not-to-exceed amount of $250,000 for the initial term of February 1, 2021 through January 31, 2022 with two one-year renewal options, and authorize the appropriate officials to execute same. (consent) SUMMARY: Procurement issued Invitation to Bid (ITB) No. 10-21, Liquid Propane Gas Tanks, for the supply of liquified propane gas tanks to serve Clearwater Gas System (CGS) residential and commercial customers. On December 29, 2020, three responsive bids were received. Upon review, both Procurement and CGS recommend awarding the bid as follows: ·Quality Steel Corporation for ASME Certified 120-gallon, 250-gallon, 500-gallon and 1000-gallon LP propane tanks ·Michel LLC dba R.E. Michel Company LLC for DOT Certified 200-pound and 420-pound LP propane tanks To ensure a continuity of supply, flexibility to order product from either vendor as a secondary source is included in this recommendation. In addition, CGS has added a 20% contingency to the total bid price due to price fluctuations in wholesale propane tank costs. Any increase above the per-item bid pricing must be submitted to the City Procurement Division for review and approval, as outlined in the Bid Specifications Milestones in ITB No. 10-21. All materials will be used in CGS’s distribution network for new propane accounts and when existing tanks are replaced as they reach the end of their useful life. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 423-141120 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/4/2021 CITY OF CLEARWATER ITB # 10-21; Liquid Propane Gas Tanks DUE DATE: December 29, 2020; 10:00 AM BID TABULATION Item Estimated Annual Qty (A) Price per Item for Week Ending 12/18/2020 (B)Line Total (A*B) Minimum Order Qty Manufacturer Being Supplied Price per Item for Week Ending 12/18/2020 (B)Line Total (A*B) Minimum Order Qty Manufacturer Being Supplied 120- gallon ASME tanks 60 $792.86 $47,571.60 1 Quality Steel $710.00 $42,600.00 16 Quality Steel 250-gallon ASME tanks 54 $1,016.67 $54,900.18 1 Quality Steel $910.00 $49,140.00 9 Quality Steel 500-gallon ASME tanks 36 $1,692.86 $60,942.96 1 Quality Steel $1,515.00 $54,540.00 8 Quality Steel 1,000-gallon ASME tanks 5 $2,867.86 $14,339.30 1 Quality Steel $2,570.00 $12,850.00 5 Quality Steel 200-lbs DOT tanks 9 $385.72 $3,471.48 1 Manchester Tank $435.00 $3,915.00 16 Worthington Industries 420-lbs DOT tanks 81 $529.76 $42,910.56 1 Manchester Tank $540.00 $43,740.00 18 Worthington Industries Grand Total:$224,136.08 Grand Total:$206,785.00 Item Estimated Annual Qty (A) Price per Item for Week Ending 12/18/2020 (B)Line Total (A*B) Minimum Order Qty Manufacturer Being Supplied 120- gallon ASME tanks 60 NO BID #VALUE! 250-gallon ASME tanks 54 NO BID #VALUE! 500-gallon ASME tanks 36 NO BID #VALUE! 1,000-gallon ASME tanks 5 NO BID #VALUE! 200-lbs DOT tanks 9 $393.59 $3,542.31 1 Manchester Tank 420-lbs DOT tanks 81 $540.00 $43,740.00 1 Manchester Tank Grand Total:$47,282.31 REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. Quality Steel Corporation Michel, LLC dba R.E. Michel Company, LLC Tempaco, Inc. v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #10-21 Liquid Propane Gas Tanks November 25,2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, December 29, 2020 to provide Liquid Propane Gas Tanks. Brief Description: The City of Clearwater is soliciting sealed bids to supply Liquid Propane Gas Tanks to Clearwater Gas System. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS LIQUID PROPANE TANKS 2 ITB #10-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: December 29, 2020 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and INSTRUCTIONS LIQUID PROPANE TANKS 3 ITB #10-21 conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates INSTRUCTIONS LIQUID PROPANE TANKS 4 ITB #10-21 will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.13 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.15 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. INSTRUCTIONS LIQUID PROPANE TANKS 5 ITB #10-21 c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION LIQUID PROPANE TANKS 6 ITB #10-21 i.21 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.24 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.26 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 11/25/2020 Advertise Tampa Bay Times: 12/02/2020 Bids due: 12/29/2020 Review bids: 12/30/2020-01/08/2021 Award recommendation: 01/08/2021 Council authorization: 02/04/2021 Contract begins: February 2021 STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 7 ITB #10-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 8 ITB #10-21 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 9 ITB #10-21 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 10 ITB #10-21 requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 11 ITB #10-21 S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 12 ITB #10-21 cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 13 ITB #10-21 Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 14 ITB #10-21 paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may STANDARD TERMS AND CONDITIONS LIQUID PROPANE TANKS 15 ITB #10-21 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS LIQUID PROPANE TANKS 16 ITB #10-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. Clearwater Gas System (CGS) is owned and operated as an enterprise natural gas utility by the City of Clearwater. It currently has over 1,000 miles of underground gas main and handles the supply and distribution of both natural and liquid propane (LP) gas throughout Northern Pinellas County and Western Pasco County. As a mid-size utility company serving more than 27,000 customers, CGS is recognized as a leader in the natural and propane gas industry. CGS is regulated for safety by the Florida Public Service Commission and the Federal Pipeline Hazardous Material Safety Administration. Since 1923, CGS has provided clean, safe, reliable, economical gas service to the Florida Suncoast Community which it is privileged to serve. CGS prides itself in being a competitive and public service-minded utility provider. CGS operates a Liquid Propane Division that provides LP gas to approximately 2,000 customers (1,900 residential and 100 commercial) in Pinellas, Pasco and Hillsborough counties. 3. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids from qualified vendors to establish term contract(s) for the acquisition of Aboveground/Underground (AGUG), American Society of Mechanical Engineers (ASME) and Department of Transportation (DOT) certified LP tanks, to Clearwater Gas System on an as-needed basis. A. General Requirements: 1. LP tanks supplied to the City shall be newly manufactured. The City will not accept any refurbished or reused materials. 2. Orders will be placed for bundled quantities of items, as needed, during the term of the contract. 3. All materials and manufactured tanks must be in accordance with NFPA code 58: Liquified Petroleum Gas Safety, as it pertains to the manufacturing, handling, testing and delivery of LP tanks. 4. All materials and manufactured tanks shall be in accordance with NFPA, Section 5.2, regarding the design, testing, and required markings per the DOT, the Federal Aviation Administration (FAA) and the ASME Boiler and Pressure Vessel Code. 5. All materials and manufactured tanks will have a minimum warranty of one (1) year against defects in materials and workmanship. B. AGUG ASME Propane Tank Requirements: 1. Appurtenances: a. ASME tanks must include: i. Shutoff Valve ii. Pressure Relief Valve iii. Fixed Maximum Liquid Level Gauge iv. Float Gauge v. Filler Valve vi. Actuated Liquid Withdrawal Excess- Flow Valve DETAILED SPECIFICATIONS LIQUID PROPANE TANKS 17 ITB #10-21 b. Approved Manufacturers: Only RegO appurtenances or equivalent will be accepted. Equivalent products and manufacturers must be approved prior to bid submittal. Requests can be sent to Eryn.Berg@myclearwater.com by December 18, 2020 in order to be considered for review. 2. Specifications: All AGUG ASME tanks and materials supplied to the City shall meet the following requirements: a. Coating: 120-gallon tanks must be TGIC polyester powder coat (WHITE). All other ASME tanks’ (250-gal, 500-gal, 1,000-gal) coating must have liquid epoxy primed with urethane topcoat or epoxy powder coat. b. Conforms to the latest edition of ASME rules for construction of pressure vessels, Section VIII, Division 1 i. Stationary ASME tanks shall be marked with the following information per NFPA 58, Section 5.2.8: ii. Service for which the tank is designed (e.g., underground, aboveground, or both) iii. Name and address of tank supplier or trade name of tank iv. Water capacity of tank in pounds or U.S. gallons v. Maximum Allowable Working Pressure (MAWP) in pounds per square inch vi. Wording that reads “This container shall not contain a product that has a vapor pressure in excess of ___ pounds per square inch gauge (psig) at 100°F” (see Table 5.2.4.3 of the NFPA 58: “Liquified Petroleum Gas Code for reference) vii. Outside surface area in square feet viii. Year of manufacture ix. Shell thickness and head thickness x. OL (overall length), OD (outside diameter), and HD (head design) xi. Manufacturer's unique serial number xii. ASME Code symbol xiii. Minimum design metal temperature “___°F at MAWP ____ pounds per square inch (psi)” xiv. Degree of radiography “RT-___” c. Vertical ASME tanks shall be in accordance with NFPA 58, Section 5.6.1 d. Tanks must be registered with National Board of Boiler and Pressure Vessel Inspectors e. Tanks must be listed in Underwriters Laboratory (UL) per UL 644 f. Tanks must have a remote ready dial on the gauge and include an anode attachment point inside the specified dome g. 120-gallon tanks will have polyethylene dome lid or 8” steel AGUG dome painted the same as the tank; All other tanks will have a polyethylene dome lid h. Tanks will be shipped vacuum purged C. DOT Propane Tank Requirements: 1. Appurtenances: a. DOT tanks must include: i. Shutoff Valve ii. Pressure Relief Valve iii. Fixed Maximum Liquid Level Gauge iv. Float Gauge v. Filler Valve vi. Overfilling Prevention Device b. Approved Manufacturers: Only RegO appurtenances or equivalent will be accepted. Equivalent products and manufacturers must be approved prior to bid DETAILED SPECIFICATIONS LIQUID PROPANE TANKS 18 ITB #10-21 submittal. Requests can be sent to Eryn.Berg@myclearwater.com by December 18, 2020 in order to be considered for review. 2. Specifications: All DOT tanks and materials supplied to the City shall meet the following requirements: a. Coating: Must be powder coat finish (WHITE) b. Tanks shall be containers designed, constructed, tested, and marked in accordance with U.S. Department of Transportation specifications, Title 49, Code of Federal Regulations (CFR), or in accordance with a valid DOT special permit. c. DOT tanks shall be marked with the following information per 49 CFR, Section 180.205. i. Manufactured to DOT specifications ii. Tank specification type (e.g. 4B, 4BA, 4BW, and 4E) iii. Tank Service pressure (psig) iv. Manufacturer’s name (or registered symbol) v. Original manufacture/test date, month and year, and inspector’s mark, as required vi. Area for date requalified/retested (no date is shown indicating that the 10- year requalification is overdue) d. Tanks shall be designed and constructed for at least a 240 psig (16 bar) service pressure. e. Tanks must meet the Standard Specification 4BW240 TC 4BWM16 per 49 CFR, Parts 171-180 f. Tanks must have a remote ready dial on the gauge g. All DOT tanks will have a polyethylene dome lid h. Tanks will be shipped vacuum purged D. Pricing: Vendor agrees that they are responsible for submitting cost and pricing data which are accurate, complete, current, and in accordance with the terms set forth in this contract with respect to pricing of liquid propane tanks to the City. The City reserves the right to request the awarded Vendor’s records to verify the accuracy and appropriateness of the pricing data used to price all orders during the entire term of the contract. LP tank prices shall be calculated using the following factors:  Estimated Annual Quantity- The quantities listed represent an estimated annual usage. The City is not obligated to purchase these amounts during the term of this contract.  Price Per Item for Week Ending 12/18/2020- The price for propane tanks shall be provided based on the Vendor’s current prices for the week ending 12/18/2020. The City understands that the market for building materials directly related to the propane tanks listed herein is considered volatile, and sudden price increases/decreases may occur. The Vendor agrees to use their best efforts to obtain the lowest possible prices available from suppliers. Additional information regarding market volatility can be found in MILESTONES, page 21.  Minimum Order Quantity The quantity represents the minimum amount of propane tanks that must be ordered at one (1) time from the Vendor. If items come as a bundle or pack, this must be reflected in the minimum order amount. 4. DELIVERY. a) A Material Safety Data Sheet (MSDS) is required at the time of delivery, indicating the LP Tanks serial numbers, manufacturer, inspection completed by the manufacturer, batch number of the tank, date it was manufactured, etc. DETAILED SPECIFICATIONS LIQUID PROPANE TANKS 19 ITB #10-21 b) The Vendor will supply copies of the manufacturer’s shipping and handling safety procedures with delivery. c) All shipments for ASME tanks must be on a flatbed truck with an attached crane for unloading purposes with tanks stacked on wood saddles for protection. d) All shipments for DOT tanks must be palletized with tailgate delivery and securely fastened together for protection and unloading purposes. e) All deliveries shall be made within fifteen (15) business days after receipt of order, as delegated by CGS staff. f) All deliveries shall be made Delivery shipments shall be rejected which fail to meet any contract specifications stated in this document. In the event that a delivery shipment is rejected by the City of Clearwater, upon notification to the Vendor that the shipment is rejected, the Vendor shall be required to ship a replacement delivery to the affected location within a reasonable amount of time from the time of notification. Failure to provide replacement product that meets the bid specifications will constitute failure to comply with the delivery requirements set forth in this document and may be grounds for termination. g) The City of Clearwater reserves the right to change quantities and delivery dates at their discretion within a twenty-four (24) hour notice of placing an order. h) Delivery time of day shall be arranged upon placement of order and shall be between the hours of 7:00 AM –3:00 PM EST, Monday thru Friday excluding all City holidays. i) Delivery shall be made to the location indicated: Ship to: Clearwater Gas Systems 777 Maple St. Clearwater FL 33765 Phone: 727-562-4900 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. DETAILED SPECIFICATIONS LIQUID PROPANE TANKS 20 ITB #10-21 d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. e. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #10-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES LIQUID PROPANE TANKS 21 ITB #10-21 1. BEGINNING AND END DATE OF INITIAL TERM. February 2021- January 2022 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. ADJUSTMENTS TO CONTRACT TERMS & CONDITIONS NECESSITATED BY MARKET VOLATILITY The City may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: 1. The volatility is due to causes wholly beyond the vendor’s control. 2. The volatility affects the marketplace or industry, not just the particular vendor’s source of supply. 3. The effect on pricing or availability of supply is substantial. Substantial is defined as greater than ten (10) %. The determination as to whether a situation represents “extreme” volatility of the marketplace and/or whether the effect on pricing or availability is “substantial” shall be solely at the discretion of the City. Increase requests for increase adjustments will not be considered more than once in a 30-day period. Any claim by the Manufacturer for payment of a cost increase, as provided above, shall require written notice delivered by the Manufacturer or their assigned representative to the Clearwater Gas System stating the increased cost, the building material or materials in question, and the source of supply, supported by invoices or bills of sale. NOTE: All price increases must be pre- approved by the Clearwater Gas Systems. No fuel surcharges will be accepted. BID SUBMISSION LIQUID PROPANE TANKS 22 ITB #10-21 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form, page 23 Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required Offer Certification form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING LIQUID PROPANE TANKS 23 ITB #10-21 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish LIQUID PROPANE GAS TANKS to the City of Clearwater at the prices stated below. REFER TO MILESTONES, 4. PRICES, pg. 21 regarding price adjustments. Price adjustments will be based off Price Per Item for Week Ending 12/18/2020 submitted on the BID PRICING form. All subsequent price adjustments will be based off the latest accepted price adjustment from the City. _______ Yes, our company can meet a delivery time of fifteen (15) business days from the time order is placed. _______ No, our company cannot meet the fifteen (15) business day delivery time but is able to deliver the product within ________ business days. Are there any exceptions to delivery times or schedules? DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ Item # Description Est. Annual Qty Price per Item for Week Ending 12/18/2020 Minimum Order Qty Supplier 1A 120-gallon LP propane tanks, agug style, ASME certified 60 $ 1B 250-gallon LP propane tanks, agug style, ASME certified 54 $ 1C 500-gallon LP propane tanks, agug style, ASME certified 36 $ 1D 1000-gallon LP propane tanks, agug style, ASME certified 5 $ 2A 200-pounds LP propane tanks, DOT certified 9 $ 2B 420-pounds LP propane tanks, DOT certified 81 $ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA LIQUID PROPANE TANKS 24 ITB #10-21 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION LIQUID PROPANE TANKS 25 ITB #10-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES LIQUID PROPANE TANKS 26 ITB #10-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER LIQUID PROPANE TANKS 28 ITB #10-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #10-21, Liquid Propane Tanks Due Date: December 29,2020 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #10-21, Liquid Propane Tanks Due Date: December 29,2020 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8755 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 05-21, Sod Material and Services to Quality Sod and Landscaping Solutions of Tampa, Lira and Son Sod, Inc. of Lake Placid and Tom’s Sod Service, Inc. of Clearwater, FL for an annual amount not-to-exceed $300,000, with the option for two, one-year renewal terms and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) 05-21, Sod Material and Services was issued on October 29,2020 with four submissions received on December 2, 2020. After full review, Parks and Recreation is recommending award to provide sod and sod installation services to three vendors as follows: 1.Quality Sod & Landscape Solutions: ·Primary for Option 1 & 2 (installation included) Types: Bahia, Tifway, 419 Bermuda, Latitude 36™ Bermuda, Celebration Bermuda®, TifTuf™ Bermuda, St. Augustine Floratam, Scott's ProVista St. Augustine, Seashore Paspatum, Empire Zoysia ·Primary for Option 3 (delivery only) Type: Seashore Paspatum 2.Lira & Son Sod, Inc: ·Secondary for Options 1 and 2 (installation included) Types: Bahia, Tifway 419 Bermuda, Latitude 36™ Bermuda, Celebration Bermuda®, TifTuf™ Bermuda, St. Augustine Floratam, Scott's ProVista St. Augustine, Empire Zoysia. Note- Depending on the project size, may be used as the primary vendor under Option 1 for Bahia. ·Secondary for Option 3 (delivery only) Types: Bahia, Tifway 419 Bermuda, Latitude 36™ Bermuda, Celebration Bermuda®, TifTuf™ Bermuda, St. Augustine Floratam, Empire Zoysia 3.Toms Sod Service, Inc: ·Primary for Option 3 (delivery only) Types: Bahia, Tifway 419 Bermuda, Latitude 36™ Bermuda, Celebration Bermuda®, TifTuf™ Bermuda, St. Augustine Floratam, Scott's ProVista St. Augustine, Empire Zoysia These three vendors were the lowest responsive bidders in accordance with the bid requirements. To ensure continuity of supply, staff is requesting flexibility to use the secondary and tertiary source (if needed) for sod material and services. This contract will be used for various maintenance and capital improvement projects in the Parks and Recreation Department, as well as city wide projects as needed. Page 1 City of Clearwater Printed on 2/4/2021 File Number: ID#21-8755 APPROPRIATION CODE AND AMOUNT: Funding will come from a variety of general fund cost centers; primarily from projects, parks and athletic codes, as well as various Capital Improvement Project codes. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/4/2021 January 13, 2021 NOTICE OF INTENT TO AWARD Parks & Recreation and Procurement recommend award of ITB No. 05-21, Sod Material and Services, the lowest most responsible bidders, in accordance with the bid specifications in the estimated annual amount of $300,000 for a period of one (1) year, with two (2), one (1) year renewal options. Quality Sod & Landscape Solutions Primary for Option 1 & 2 (installation included) Types: Bahia, Tifway, 419 Bermuda, Latitude 36™ Bermuda, Celebration Bermuda®, TifTuf™ Bermuda, St. Augustine Floratam, Scott's ProVista St. Augustine, Seashore Paspatum, Empire Zoysia Primary for Option 3 (delivery only) Type: Seashore Paspatum Lira & Son Sod, Inc. Secondary for Options 1 and 2 (installation included) Types: Bahia, Tifway 419 Bermuda, Latitude 36™ Bermuda, Celebration Bermuda®, TifTuf™ Bermuda, St. Augustine Floratam, Scott's ProVista St. Augustine, Empire Zoysia • Depending on the project size, may be used as the primary vendor under Option 1 for Bahia Secondary for Option 3 (delivery only) Types: Bahia, Tifway 419 Bermuda, Latitude 36™ Bermuda, Celebration Bermuda®, TifTuf™ Bermuda, St. Augustine Floratam, Empire Zoysia Toms Sod Service, Inc. Primary for Option 3 (delivery only) Types: Bahia, Tifway 419 Bermuda, Latitude 36™ Bermuda, Celebration Bermuda®, TifTuf™ Bermuda, St. Augustine Floratam, Scott's ProVista St. Augustine, Empire Zoysia This award is being made to multiple vendors to ensure a continuity of supply. Flexibility to order product or services from the awarded vendors listed above as a secondary source, or tertiarily from the open market may be used if needed. This Award recommendation will be considered by the City Council at the February 1, 2021, Work Session (9:00 a.m.) and voted on at the February 4, 2021, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst Kelly Rogers at (727) 562-4635, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst CITY OF CLEARWATER ITB # 05-21, Sod Material and Services DUE DATE: December 2, 2020; 10:00 AM BID TABULATION Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 1 Bahia Pieces 400-1,200 1 1,200 $0.55 $ 660.00 $0.85 $ 1,020.00 $1.25 $ 1,500.00 $1.00 $ 1,200.00 2 Bahia Pieces 1,201-1,600 1 1,600 $0.45 $ 720.00 $0.75 $ 1,200.00 $1.25 $ 2,000.00 $0.80 $ 1,280.00 3 Bahia Pieces 1,601-3,200 1 3,200 $0.40 $ 1,280.00 $0.50 $ 1,600.00 $1.00 $ 3,200.00 $0.60 $ 1,920.00 4 Bahia Pieces 3,201-8,000 1 8,000 $0.30 $ 2,400.00 $0.40 $ 3,200.00 $0.85 $ 6,800.00 $0.38 $ 3,040.00 5 Bahia Pieces 8,001 – 16,000 1 12,000 $0.27 $ 3,240.00 $0.35 $ 4,200.00 $0.40 $ 4,800.00 $0.35 $ 4,200.00 6 Bahia Pieces 16,001 – 50,000 1 25,000 $0.27 $ 6,750.00 $0.33 $ 8,250.00 $0.36 $ 9,000.00 $0.35 $ 8,750.00 7 Bahia Pieces 50,001 – 100,000 1 75,000 $0.27 $ 20,250.00 $0.30 $ 22,500.00 $0.36 $ 27,000.00 $0.35 $ 26,250.00 8 Bahia Pieces 100,001 – 200,000 1 150,000 $0.26 $ 39,000.00 $0.29 $ 43,500.00 $0.36 $ 54,000.00 $0.35 $ 52,500.00 9 Bahia Pieces 200,001 – 300,000 1 250,000 $0.26 $ 65,000.00 $0.25 $ 62,500.00 $0.36 $ 90,000.00 $0.35 $ 87,500.00 10 Bahia Pieces Over 300,001 1 500,000 $0.26 $ 130,000.00 $0.25 $ 125,000.00 $0.36 $ 180,000.00 $0.35 $ 175,000.00 $ 269,300.00 $ 272,970.00 $ 378,300.00 $ 361,640.00 11 Bahia Pieces 400-1,200 2 1,200 $0.85 $ 1,020.00 $0.95 $ 1,140.00 $1.75 $ 2,100.00 $1.25 $ 1,500.00 12 Bahia Pieces 1,201-1,600 2 1,600 $0.80 $ 1,280.00 $0.85 $ 1,360.00 $1.75 $ 2,800.00 $1.05 $ 1,680.00 13 Bahia Pieces 1,601-3,200 2 3,200 $0.80 $ 2,560.00 $0.65 $ 2,080.00 $1.75 $ 5,600.00 $0.85 $ 2,720.00 14 Bahia Pieces 3,201-8,000 2 8,000 $0.70 $ 5,600.00 $0.55 $ 4,400.00 $1.00 $ 8,000.00 $0.63 $ 5,040.00 15 Bahia Pieces 8,001 – 16,000 2 12,000 $0.60 $ 7,200.00 $0.45 $ 5,400.00 $0.75 $ 9,000.00 $0.60 $ 7,200.00 16 Bahia Pieces 16,001 – 50,000 2 25,000 $0.60 $ 15,000.00 $0.45 $ 11,250.00 $0.70 $ 17,500.00 $0.60 $ 15,000.00 17 Bahia Pieces 50,001 – 100,000 2 75,000 $0.60 $ 45,000.00 $0.45 $ 33,750.00 $0.70 $ 52,500.00 $0.60 $ 45,000.00 18 Bahia Pieces 100,001 – 200,000 2 150,000 $0.55 $ 82,500.00 $0.40 $ 60,000.00 $0.70 $ 105,000.00 $0.60 $ 90,000.00 19 Bahia Pieces 200,001 – 300,000 2 250,000 $0.55 $ 137,500.00 $0.30 $ 75,000.00 $0.70 $ 175,000.00 $0.60 $ 150,000.00 20 Bahia Pieces Over 300,001 2 500,000 $0.55 $ 275,000.00 $0.30 $ 150,000.00 $0.70 $ 350,000.00 $0.60 $ 300,000.00 572,660.00$ 344,380.00$ 727,500.00$ 618,140.00$ Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet)Total Price 21 Tifway 419 Bermuda Roll 8,000 – 16,000 1 12,000 $0.46 $5,520.00 $0.50 $6,000.00 $0.70 $8,400.00 0.58$ 6,960.00$ 22 Tifway 419 Bermuda Roll 16,001 – 50,000 1 25,000 $0.46 $11,500.00 $0.47 $11,750.00 $0.68 $17,000.00 0.55$ 13,750.00$ 23 Tifway 419 Bermuda Roll 50,001 – 100,000 1 75,000 $0.44 $33,000.00 $0.45 $33,750.00 $0.65 $48,750.00 0.53$ 39,750.00$ 24 Tifway 419 Bermuda Roll 100,001 – 200,000 1 150,000 $0.44 $66,000.00 $0.40 $60,000.00 $0.65 $97,500.00 0.53$ 79,500.00$ 25 Tifway 419 Bermuda Roll 200,001 – 300,000 1 250,000 $0.44 $110,000.00 $0.37 $92,500.00 $0.65 $162,500.00 0.53$ 132,500.00$ 26 Tifway 419 Bermuda Roll Over 300,001 1 500,000 $0.44 $220,000.00 $0.35 $175,000.00 $0.65 $325,000.00 0.53$ 265,000.00$ $ 446,020.00 $ 379,000.00 $ 659,150.00 $537,460.00 27 Tifway 419 Bermuda Roll 8,000 – 16,000 2 12,000 $0.70 $8,400.00 $0.70 $8,400.00 $0.95 $11,400.00 0.83$ 9,960.00$ 28 Tifway 419 Bermuda Roll 16,001 – 50,000 2 25,000 $0.70 $17,500.00 $0.65 $16,250.00 $0.93 $23,250.00 0.80$ 20,000.00$ 29 Tifway 419 Bermuda Roll 50,001 – 100,000 2 75,000 $0.70 $52,500.00 $0.60 $45,000.00 $0.90 $67,500.00 0.78$ 58,500.00$ 30 Tifway 419 Bermuda Roll 100,001 – 200,000 2 150,000 $0.70 $105,000.00 $0.50 $75,000.00 $0.90 $135,000.00 0.78$ 117,000.00$ 31 Tifway 419 Bermuda Roll 200,001 – 300,000 2 250,000 $0.70 $175,000.00 $0.45 $112,500.00 $0.90 $225,000.00 0.78$ 195,000.00$ 32 Tifway 419 Bermuda Roll Over 300,001 2 500,000 $0.70 $350,000.00 $0.42 $210,000.00 $0.90 $450,000.00 0.78$ 390,000.00$ $708,400.00 $ 467,150.00 $912,150.00 790,460.00$ Total bid for items 27 - 32: Lira & Son Sod Inc Quality Sod & Landscape Sunbelt Sod & Grading Tom's Sod Services Total bid for items 10 - 20: Total bid for items 1 - 10: Total bid for items 21 - 26: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 33 Latitude 36™ Bermuda Roll 8,000 – 16,000 1 12,000 $0.58 $6,960.00 $0.55 $6,600.00 $0.90 $10,800.00 0.62$ 7,440.00$ 34 Latitude 36™ Bermuda Roll 16,001 – 50,000 1 25,000 $0.56 $14,000.00 $0.52 $13,000.00 $0.90 $22,500.00 0.60$ 15,000.00$ 35 Latitude 36™ Bermuda Roll 50,001 – 100,000 1 75,000 $0.55 $41,250.00 $0.50 $37,500.00 $0.88 $66,000.00 0.58$ 43,500.00$ 36 Latitude 36™ Bermuda Roll 100,001 – 200,000 1 150,000 $0.55 $82,500.00 $0.45 $67,500.00 $0.88 $132,000.00 0.58$ 87,000.00$ 37 Latitude 36™ Bermuda Roll 200,001 – 300,000 1 250,000 $0.55 $137,500.00 $0.42 $105,000.00 $0.88 $220,000.00 0.58$ 145,000.00$ 38 Latitude 36™ Bermuda Roll Over 300,001 1 500,000 $0.55 $275,000.00 $0.35 $175,000.00 $0.88 $440,000.00 0.58$ 290,000.00$ $ 557,210.00 $ 404,600.00 $ 891,300.00 $ 587,940.00 39 Latitude 36™ Bermuda Roll 8,000 – 16,000 2 12,000 $0.80 $9,600.00 $0.75 $9,000.00 $1.10 $13,200.00 0.87$ 10,440.00$ 40 Latitude 36™ Bermuda Roll 16,001 – 50,000 2 25,000 $0.80 $20,000.00 $0.70 $17,500.00 $1.10 $27,500.00 0.85$ 21,250.00$ 41 Latitude 36™ Bermuda Roll 50,001 – 100,000 2 75,000 $0.80 $60,000.00 $0.65 $48,750.00 $1.00 $75,000.00 0.83$ 62,250.00$ 42 Latitude 36™ Bermuda Roll 100,001 – 200,000 2 150,000 $0.80 $120,000.00 $0.55 $82,500.00 $1.00 $150,000.00 0.83$ 124,500.00$ 43 Latitude 36™ Bermuda Roll 200,001 – 300,000 2 250,000 $0.80 $200,000.00 $0.45 $112,500.00 $1.00 $250,000.00 0.83$ 207,500.00$ 44 Latitude 36™ Bermuda Roll Over 300,001 2 500,000 $0.80 $400,000.00 $0.45 $225,000.00 $1.00 $500,000.00 0.83$ 415,000.00$ $809,600.00 $495,250.00 $1,015,700.00 840,940.00$ Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 45 Celebration Bermuda®Roll 8,000 – 16,000 1 12,000 $0.46 $5,520.00 $0.50 $6,000.00 $0.60 $7,200.00 0.58$ 6,960.00$ 46 Celebration Bermuda®Roll 16,001 – 50,000 1 25,000 $0.46 $11,500.00 $0.47 $11,750.00 $0.58 $14,500.00 0.55$ 13,750.00$ 47 Celebration Bermuda®Roll 50,001 – 100,000 1 75,000 $0.45 $33,750.00 $0.45 $33,750.00 $0.55 $41,250.00 0.53$ 39,750.00$ 48 Celebration Bermuda®Roll 100,001 – 200,000 1 150,000 $0.45 $67,500.00 $0.40 $60,000.00 $0.55 $82,500.00 0.53$ 79,500.00$ 49 Celebration Bermuda®Roll 200,001 – 300,000 1 250,000 $0.45 $112,500.00 $0.37 $92,500.00 $0.55 $137,500.00 0.53$ 132,500.00$ 50 Celebration Bermuda®Roll Over 300,001 1 500,000 $0.45 $225,000.00 $0.35 $175,000.00 $0.55 $275,000.00 0.53$ 265,000.00$ $ 455,770.00 $ 379,000.00 $ 557,950.00 $ 537,460.00 51 Celebration Bermuda®Roll 8,000 – 16,000 2 12,000 $0.76 $9,120.00 $0.70 $8,400.00 $0.85 $10,200.00 0.83$ 9,960.00$ 52 Celebration Bermuda®Roll 16,001 – 50,000 2 25,000 $0.76 $19,000.00 $0.65 $16,250.00 $0.83 $20,750.00 0.80$ 20,000.00$ 53 Celebration Bermuda®Roll 50,001 – 100,000 2 75,000 $0.75 $56,250.00 $0.60 $45,000.00 $0.80 $60,000.00 0.78$ 58,500.00$ 54 Celebration Bermuda®Roll 100,001 – 200,000 2 150,000 $0.75 $112,500.00 $0.50 $75,000.00 $0.80 $120,000.00 0.78$ 117,000.00$ 55 Celebration Bermuda®Roll 200,001 – 300,000 2 250,000 $0.75 $187,500.00 $0.45 $112,500.00 $0.80 $200,000.00 0.78$ 195,000.00$ 56 Celebration Bermuda®Roll Over 300,001 2 500,000 $0.75 $375,000.00 $0.42 $210,000.00 $0.80 $400,000.00 0.78$ 390,000.00$ $759,370.00 $467,150.00 $810,950.00 790,460.00$ Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 57 TifTuf™ Bermuda Roll 8,000 – 16,000 1 12,000 $0.50 $6,000.00 $0.60 $7,200.00 $0.75 $9,000.00 0.62$ 7,440.00$ 58 TifTuf™ Bermuda Roll 16,001 – 50,000 1 25,000 $0.48 $12,000.00 $0.50 $12,500.00 $0.73 $18,250.00 0.60$ 15,000.00$ 59 TifTuf™ Bermuda Roll 50,001 – 100,000 1 75,000 $0.46 $34,500.00 $0.45 $33,750.00 $0.70 $52,500.00 0.58$ 43,500.00$ 60 TifTuf™ Bermuda Roll 100,001 – 200,000 1 150,000 $0.46 $69,000.00 $0.42 $63,000.00 $0.70 $105,000.00 0.58$ 87,000.00$ 61 TifTuf™ Bermuda Roll 200,001 – 300,000 1 250,000 $0.46 $115,000.00 $0.40 $100,000.00 $0.70 $175,000.00 0.58$ 145,000.00$ 62 TifTuf™ Bermuda Roll Over 300,001 1 500,000 $0.46 $230,000.00 $0.38 $190,000.00 $0.70 $350,000.00 0.58$ 290,000.00$ $ 466,500.00 $ 406,450.00 $ 709,750.00 $ 587,940.00 63 TifTuf™ Bermuda Roll 8,000 – 16,000 2 12,000 $0.78 $9,360.00 $0.75 $9,000.00 $1.00 $12,000.00 0.87$ 10,440.00$ 64 TifTuf™ Bermuda Roll 16,001 – 50,000 2 25,000 $0.75 $18,750.00 $0.65 $16,250.00 $0.98 $24,500.00 0.85$ 21,250.00$ 65 TifTuf™ Bermuda Roll 50,001 – 100,000 2 75,000 $0.75 $56,250.00 $0.60 $45,000.00 $0.95 $71,250.00 0.83$ 62,250.00$ 66 TifTuf™ Bermuda Roll 100,001 – 200,000 2 150,000 $0.75 $112,500.00 $0.57 $85,500.00 $0.95 $142,500.00 0.83$ 124,500.00$ 67 TifTuf™ Bermuda Roll 200,001 – 300,000 2 250,000 $0.75 $187,500.00 $0.55 $137,500.00 $0.95 $237,500.00 0.83$ 207,500.00$ 68 TifTuf™ Bermuda Roll Over 300,001 2 500,000 $0.75 $375,000.00 $0.50 $250,000.00 $0.95 $475,000.00 0.83$ 415,000.00$ $759,360.00 $543,250.00 $962,750.00 840,940.00$ Total bid for items 51 - 56: Total bid for items 63 - 68: Total bid for items 33 - 38: Total bid for items 45 - 50: Total bid for items 57 - 62: Total bid for items 39 - 44: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 69 St. Augustine Floratam Pieces 500-1,500 1 1,500 $0.60 $900.00 $1.00 $1,500.00 $1.25 $1,875.00 1.25$ 1,875.00$ 70 St. Augustine Floratam Pieces 1,501 – 2.500 1 2,500 $0.60 $1,500.00 $0.80 $2,000.00 $1.25 $3,125.00 1.00$ 2,500.00$ 71 St. Augustine Floratam Pieces 2,501 –3,500 1 3,500 $0.60 $2,100.00 $0.65 $2,275.00 $1.00 $3,500.00 0.75$ 2,625.00$ 72 St. Augustine Floratam Pieces 3,501 – 8,000 1 8,000 $0.48 $3,840.00 $0.50 $4,000.00 $0.85 $6,800.00 0.56$ 4,480.00$ 73 St. Augustine Floratam Pieces 8,001– 16,000 1 12,000 $0.48 $5,760.00 $0.50 $6,000.00 $0.65 $7,800.00 0.53$ 6,360.00$ 74 St. Augustine Floratam Pieces 16,001 – 50,000 1 25,000 $0.48 $12,000.00 $0.47 $11,750.00 $0.60 $15,000.00 0.53$ 13,250.00$ 75 St. Augustine Floratam Pieces 50,001 – 100,000 1 75,000 $0.45 $33,750.00 $0.45 $33,750.00 $0.58 $43,500.00 0.53$ 39,750.00$ 76 St. Augustine Floratam Pieces 100,001 – 200,000 1 150,000 $0.45 $67,500.00 $0.43 $64,500.00 $0.58 $87,000.00 0.53$ 79,500.00$ 77 St. Augustine Floratam Pieces 200,001 – 300,000 1 250,000 $0.45 $112,500.00 $0.40 $100,000.00 $0.58 $145,000.00 0.53$ 132,500.00$ $ 239,850.00 $ 225,775.00 $ 313,600.00 $ 282,840.00 78 St. Augustine Floratam Pieces 500-1,500 2 1,500 $0.85 $1,275.00 $1.15 $1,725.00 $1.75 $2,625.00 1.50$ 2,250.00$ 79 St. Augustine Floratam Pieces 1,501 – 2.500 2 2,500 $0.85 $2,125.00 $0.95 $2,375.00 $1.75 $4,375.00 1.25$ 3,125.00$ 80 St. Augustine Floratam Pieces 2,501 –3,500 2 3,500 $0.85 $2,975.00 $0.80 $2,800.00 $1.75 $6,125.00 1.00$ 3,500.00$ 81 St. Augustine Floratam Pieces 3,501 – 8,000 2 8,000 $0.75 $6,000.00 $0.75 $6,000.00 $1.00 $8,000.00 0.81$ 6,480.00$ 82 St. Augustine Floratam Pieces 8,001 – 16,000 2 12,000 $0.75 $9,000.00 $0.75 $9,000.00 $0.85 $10,200.00 0.78$ 9,360.00$ 83 St. Augustine Floratam Pieces 16,001 – 50,000 2 25,000 $0.75 $18,750.00 $0.73 $18,250.00 $0.85 $21,250.00 0.78$ 19,500.00$ 84 St. Augustine Floratam Pieces 50,001 – 100,000 2 75,000 $0.75 $56,250.00 $0.65 $48,750.00 $0.80 $60,000.00 0.78$ 58,500.00$ 85 St. Augustine Floratam Pieces 100,001 – 200,000 2 150,000 $0.75 $112,500.00 $0.60 $90,000.00 $0.80 $120,000.00 0.78$ 117,000.00$ 86 St. Augustine Floratam Pieces 200,001 – 300,000 2 250,000 $0.75 $187,500.00 $0.55 $137,500.00 $0.80 $200,000.00 0.78$ 195,000.00$ 87 St. Augustine Floratam Pieces Over 300,001 2 500,000 $0.75 $375,000.00 $0.55 $275,000.00 $0.80 $400,000.00 0.78$ 390,000.00$ $771,375.00 $591,400.00 $832,575.00 804,715.00$ Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 88 Scott's ProVista St. Augustine Pieces 500 - 1,500 1 1,500 $0.70 $1,050.00 $1.05 $1,575.00 $1.25 $1,875.00 1.30$ 1,950.00$ 89 Scott's ProVista St. Augustine Pieces 1,501 – 2.500 1 2,500 $0.70 $1,750.00 $0.85 $2,125.00 $1.25 $3,125.00 1.05$ 2,625.00$ 90 Scott's ProVista St. Augustine Pieces 2,501 –3,500 1 3,500 $0.55 $1,925.00 $0.70 $2,450.00 $1.00 $3,500.00 0.80$ 2,800.00$ 91 Scott's ProVista St. Augustine Pieces 3,501 – 8,000 1 8,000 $0.55 $4,400.00 $0.55 $4,400.00 $0.85 $6,800.00 0.61$ 4,880.00$ 92 Scott's ProVista St. Augustine Pieces 8,001– 16,000 1 12,000 $0.50 $6,000.00 $0.55 $6,600.00 $0.75 $9,000.00 0.58$ 6,960.00$ 93 Scott's ProVista St. Augustine Pieces 16,001 – 50,000 1 25,000 $0.50 $12,500.00 $0.52 $13,000.00 $0.70 $17,500.00 0.58$ 14,500.00$ 94 Scott's ProVista St. Augustine Pieces 50,001 – 100,000 1 75,000 $0.50 $37,500.00 $0.50 $37,500.00 $0.68 $51,000.00 0.58$ 43,500.00$ 95 Scott's ProVista St. Augustine Pieces 100,001 – 200,000 1 150,000 $0.50 $75,000.00 $0.48 $72,000.00 $0.68 $102,000.00 0.58$ 87,000.00$ 96 Scott's ProVista St. Augustine Pieces 200,001 – 300,000 1 250,000 $0.50 $125,000.00 $0.45 $112,500.00 $0.68 $170,000.00 0.58$ 145,000.00$ $ 265,125.00 $ 252,150.00 $ 364,800.00 $ 309,215.00 97 Scott's ProVista St. Augustine Pieces 500 -1,500 2 1,500 $0.85 $1,275.00 $1.20 $1,800.00 $1.75 $2,625.00 1.55$ 2,325.00$ 98 Scott's ProVista St. Augustine Pieces 1,501 – 2.500 2 2,500 $0.85 $2,125.00 $1.00 $2,500.00 $1.75 $4,375.00 1.30$ 3,250.00$ 99 Scott's ProVista St. Augustine Pieces 2,501 –3,500 2 3,500 $0.85 $2,975.00 $0.85 $2,975.00 $1.75 $6,125.00 1.05$ 3,675.00$ 100 Scott's ProVista St. Augustine Pieces 3,501 – 8,000 2 8,000 $0.80 $6,400.00 $0.80 $6,400.00 $1.00 $8,000.00 0.86$ 6,880.00$ 101 Scott's ProVista St. Augustine Pieces 8,001 – 16,000 2 12,000 $0.75 $9,000.00 $0.80 $9,600.00 $0.85 $10,200.00 0.83$ 9,960.00$ 102 Scott's ProVista St. Augustine Pieces 16,001 – 50,000 2 25,000 $0.75 $18,750.00 $0.78 $19,500.00 $0.85 $21,250.00 0.83$ 20,750.00$ 103 Scott's ProVista St. Augustine Pieces 50,001 – 100,000 2 75,000 $0.75 $56,250.00 $0.70 $52,500.00 $0.80 $60,000.00 0.83$ 62,250.00$ 104 Scott's ProVista St. Augustine Pieces 100,001 – 200,000 2 150,000 $0.75 $112,500.00 $0.65 $97,500.00 $0.80 $120,000.00 0.83$ 124,500.00$ 105 Scott's ProVista St. Augustine Pieces 200,001 – 300,000 2 250,000 $0.75 $187,500.00 $0.60 $150,000.00 $0.80 $200,000.00 0.83$ 207,500.00$ 106 Scott's ProVista St. Augustine Pieces Over 300,001 2 500,000 $0.75 $375,000.00 $0.60 $300,000.00 $0.80 $400,000.00 0.83$ 415,000.00$ $771,775.00 $642,775.00 $832,575.00 856,090.00$ Total bid for items 97 - 106: * Excel error for all vendors on Total Total bid for items 78 - 87: * Excel error for all vendors on Total Total bid for items 69 - 77: Total bid for items 88 - 96: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 107 Seashore Paspatum Pieces 500-1,500 1 1,500 $1.05 $1,575.00 $1.25 $1,875.00 108 Seashore Paspatum Pieces 1,501 – 2.500 1 2,500 $0.85 $2,125.00 $1.25 $3,125.00 109 Seashore Paspatum Pieces 2,501 –3,500 1 3,500 $0.70 $2,450.00 $1.00 $3,500.00 110 Seashore Paspatum Pieces 3,501 – 8,000 1 8,000 $0.55 $4,400.00 $0.85 $6,800.00 111 Seashore Paspatum Pieces 8,001– 16,000 1 12,000 $0.55 $6,600.00 $0.85 $10,200.00 112 Seashore Paspatum Pieces 16,001 – 50,000 1 25,000 $0.52 $13,000.00 $0.80 $20,000.00 113 Seashore Paspatum Pieces 50,001 – 100,000 1 75,000 $0.50 $37,500.00 $0.78 $58,500.00 114 Seashore Paspatum Pieces 100,001 – 200,000 1 150,000 $0.48 $72,000.00 $0.78 $117,000.00 115 Seashore Paspatum Pieces 200,001 – 300,000 1 250,000 $0.45 $112,500.00 $0.78 $195,000.00 $ 252,150.00 $ 416,000.00 116 Seashore Paspatum Pieces 500 -1,500 2 1,500 $1.20 $1,800.00 $1.75 $2,625.00 117 Seashore Paspatum Pieces 1,501 – 2.500 2 2,500 $1.00 $2,500.00 $1.75 $4,375.00 118 Seashore Paspatum Pieces 2,501 –3,500 2 3,500 $0.85 $2,975.00 $1.75 $6,125.00 119 Seashore Paspatum Pieces 3,501 – 8,000 2 8,000 $0.80 $6,400.00 $1.00 $8,000.00 120 Seashore Paspatum Pieces 8,001 – 16,000 2 12,000 $0.80 $9,600.00 $0.95 $11,400.00 121 Seashore Paspatum Pieces 16,001 – 50,000 2 25,000 $0.78 $19,500.00 $0.95 $23,750.00 122 Seashore Paspatum Pieces 50,001 – 100,000 2 75,000 $0.70 $52,500.00 $0.90 $67,500.00 123 Seashore Paspatum Pieces 100,001 – 200,000 2 150,000 $0.65 $97,500.00 $0.90 $135,000.00 124 Seashore Paspatum Pieces 200,001 – 300,000 2 250,000 $0.60 $150,000.00 $0.90 $225,000.00125Seashore Paspatum Pieces Over 300,001 2 500,000 $0.60 $300,000.00 $0.90 $450,000.00 No Bid $642,775.00 $933,775.00 No Bid Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 126 Empire Zoysia Pieces 500 -1,500 1 1,500 $0.85 $1,275.00 $1.05 $1,575.00 $1.25 $1,875.00 1.32$ 1,980.00$ 127 Empire Zoysia Pieces 1,501 – 2.500 1 2,500 $0.85 $2,125.00 $0.85 $2,125.00 $1.25 $3,125.00 1.07$ 2,675.00$ 128 Empire Zoysia Pieces 2,501 –3,500 1 3,500 $0.85 $2,975.00 $0.70 $2,450.00 $1.00 $3,500.00 0.82$ 2,870.00$ 129 Empire Zoysia Pieces 3,501 – 8,000 1 8,000 $0.80 $6,400.00 $0.55 $4,400.00 $0.85 $6,800.00 0.63$ 5,040.00$ 130 Empire Zoysia Pieces 8,001– 16,000 1 12,000 $0.60 $7,200.00 $0.52 $6,240.00 $0.75 $9,000.00 0.60$ 7,200.00$ 131 Empire Zoysia Pieces 16,001 – 50,000 1 25,000 $0.60 $15,000.00 $0.50 $12,500.00 $0.70 $17,500.00 0.60$ 15,000.00$ 132 Empire Zoysia Pieces 50,001 – 100,000 1 75,000 $0.60 $45,000.00 $0.48 $36,000.00 $0.68 $51,000.00 0.60$ 45,000.00$ 133 Empire Zoysia Pieces 100,001 – 200,000 1 150,000 $0.60 $90,000.00 $0.45 $67,500.00 $0.68 $102,000.00 0.60$ 90,000.00$ 134 Empire Zoysia Pieces 200,001 – 300,000 1 250,000 $0.60 $150,000.00 $0.45 $112,500.00 $0.68 $170,000.00 0.60$ 150,000.00$ $ 319,975.00 $ 245,290.00 $ 364,800.00 $ 319,765.00 135 Empire Zoysia Pieces 500 -1,500 2 1,500 $0.85 $1,275.00 $1.20 $1,800.00 $1.75 $2,625.00 1.57$ 2,355.00$ 136 Empire Zoysia Pieces 1,501 – 2.500 2 2,500 $0.90 $2,250.00 $1.00 $2,500.00 $1.75 $4,375.00 1.32$ 3,300.00$ 137 Empire Zoysia Pieces 2,501 –3,500 2 3,500 $0.90 $3,150.00 $0.85 $2,975.00 $1.75 $6,125.00 1.07$ 3,745.00$ 138 Empire Zoysia Pieces 3,501 – 8,000 2 8,000 $0.85 $6,800.00 $0.80 $6,400.00 $1.00 $8,000.00 0.88$ 7,040.00$ 139 Empire Zoysia Pieces 8,001 – 16,000 2 12,000 $0.85 $10,200.00 $0.80 $9,600.00 $0.85 $10,200.00 0.85$ 10,200.00$ 140 Empire Zoysia Pieces 16,001 – 50,000 2 25,000 $0.85 $21,250.00 $0.78 $19,500.00 $0.85 $21,250.00 0.85$ 21,250.00$ 141 Empire Zoysia Pieces 50,001 – 100,000 2 75,000 $0.85 $63,750.00 $0.70 $52,500.00 $0.80 $60,000.00 0.85$ 63,750.00$ 142 Empire Zoysia Pieces 100,001 – 200,000 2 150,000 $0.85 $127,500.00 $0.65 $97,500.00 $0.80 $120,000.00 0.85$ 127,500.00$ 143 Empire Zoysia Pieces 200,001 – 300,000 2 250,000 $0.85 $212,500.00 $0.60 $150,000.00 $0.80 $200,000.00 0.85$ 212,500.00$ 144 Empire Zoysia Pieces Over 300,001 2 500,000 $0.85 $425,000.00 $0.60 $300,000.00 $0.80 $400,000.00 0.85$ 425,000.00$ $873,675.00 $642,775.00 $832,575.00 876,640.00$ * Excel error for all vendors on Total Total bid for items 116 - 125: * Excel error for all vendors on Total Total bid for items 107 - 115: Total bid for items 126 - 134: Total bid for items 135 - 144: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Option Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price Unit Price (Square Feet) Total Price 145 Bahia Pieces 400 - 800 3 800 $0.24 192.00$ $0.38 304.00$ $0.75 $600.00 $0.23 184.00$ 146 Bahia Pieces 801 - 8,000 3 5,000 $0.24 1,200.00$ $0.30 1,500.00$ $0.70 $3,500.00 $0.23 1,150.00$ 147 Bahia Pieces 8,001 - 16,000 3 12,000 $0.22 2,640.00$ $0.25 3,000.00$ $0.25 $3,000.00 $0.23 2,760.00$ 148 Tifway 419 Bermuda Pieces 1,000 - 8,000 3 5,000 $0.50 2,500.00$ $0.60 3,000.00$ $1.00 $5,000.00 $0.38 1,900.00$ 149 Tifway 419 Bermuda Pieces 8,001 - 16,000 3 12,000 $0.50 6,000.00$ $0.50 6,000.00$ $0.75 $9,000.00 $0.36 4,320.00$ 150 Latitude 36™ Bermuda Pieces 1,000 - 8,000 3 5,000 $0.50 2,500.00$ $0.65 3,250.00$ $1.00 $5,000.00 $0.50 2,500.00$ 151 Latitude 36™ Bermuda Pieces 8,001 - 16,000 3 12,000 $0.40 4,800.00$ $0.55 6,600.00$ $0.75 $9,000.00 $0.48 5,760.00$ 152 Celebration Bermuda®Pieces 1,000 - 8,000 3 5,000 $0.45 2,250.00$ $0.60 3,000.00$ $1.00 $5,000.00 $0.38 1,900.00$ 153 Celebration Bermuda®Pieces 8,001 - 16,000 3 12,000 $0.40 4,800.00$ $0.50 6,000.00$ $0.75 $9,000.00 $0.36 4,320.00$ 154 TifTuf™ Bermuda Pieces 1,000 - 8,000 3 5,000 $0.45 2,250.00$ $0.65 3,250.00$ $1.00 $5,000.00 $0.50 2,500.00$ 155 TifTuf™ Bermuda Pieces 8,001 - 16,000 3 12,000 $0.40 4,800.00$ $0.60 7,200.00$ $0.75 $9,000.00 $0.48 5,760.00$ 156 St. Augustine Floratam Pieces 500 - 1,000 3 1,000 $0.60 600.00$ $0.50 500.00$ $1.00 $1,000.00 $0.40 400.00$ 157 St. Augustine Floratam Pieces 1,000 - 8,000 3 5,000 $0.55 2,750.00$ $0.45 2,250.00$ $0.75 $3,750.00 $0.40 2,000.00$ 158 St. Augustine Floratam Pieces 8,001 - 16,000 3 12,000 $0.40 4,800.00$ $0.42 5,040.00$ $0.55 $6,600.00 $0.40 4,800.00$ 159 Seashore Paspatum Pieces 1,000 - 8,000 3 5,000 $0.00 -$ $0.75 3,750.00$ $1.00 $5,000.00 $0.00 -$ 160 Seashore Paspatum Pieces 8,001 - 16,000 3 12,000 $0.00 -$ $0.70 8,400.00$ $0.75 $9,000.00 $0.00 -$ 161 Scott's ProVista St. Augustine Pieces 1,000 - 8,000 3 5,000 $0.00 -$ $0.50 2,500.00$ $1.00 $5,000.00 $0.50 2,500.00$ 162 Scott's ProVista St. Augustine Pieces 8,001 - 16,000 3 12,000 $0.00 -$ $0.45 5,400.00$ $0.75 $9,000.00 $0.48 5,760.00$ 163 Empire Zoysia Pieces 1,000-8,000 3 6,000 $0.70 4,200.00$ $0.50 3,000.00$ $1.00 $6,000.00 $0.52 3,120.00$ 164 Empire Zoysia Pieces 8.000-16,000 3 12,000 $0.50 6,000.00$ $0.45 5,400.00$ $0.75 $9,000.00 $0.50 6,000.00$ 52,282.00$ 79,344.00$ $117,450.00 $ 57,634.00 Item # Estimated Project Size (Square Feet) Estimated Annual Quantity (Square Feet) Unit Price (Square Feet) Total Price Total Price Total Price Total Price 159 8,000 - 16,000 12,000 $0.15 1,800.00$ 600.00$ 1,200.00$ 1,800.00$ 160 16,001 - 50,000 25,000 $0.12 3,000.00$ 1,250.00$ 2,500.00$ 3,750.00$ 161 50,001 - 100,000 75,000 $0.12 9,000.00$ 3,750.00$ 7,500.00$ 11,250.00$ 13,800.00$ 5,600.00$ 11,200.00$ 16,800.00$ NOTE: Items with a star ( ) indicates intent to award. NOTE: Sunbelt Sod & Grading was the only bid received by a Certified Small Business, Minority, Woman or Disadvantaged Business Enterprise Certifying Agencies. Unit Price (Square Feet) Unit Price (Square Feet) Staking of Sod $0.05 $0.10 $0.15 Description Unit Price (Square Feet) $0.05 $0.10 $0.15 Staking of Sod $0.05 $0.10 $0.15 Total bid for items165 - 167: Staking of Sod * Excel error for all vendors on Total Total bid for items 145- 164: ADDITIONAL SERVICES Staking will be required on slopes greater than 2:1, or in any other areas as requested by the City, in order to prevent sod movement. Vendor shall v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #05-21 Sod Material and Services October 29, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, December 2, 2020 to provide Sod Material and Services. Brief Description: The City of Clearwater seeks to establish an as-needed term contract for sod material and services. Specific requirements include, but are not limited to: sod material, installation, delivery, fertilizer, watering coordination, labor, and warranty. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Sod Material and Services 2 ITB #05-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: December 2, 2020 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary INSTRUCTIONS Sod Material and Services 3 ITB #05-21 to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 i.8 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.9 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. INSTRUCTIONS Sod Material and Services 4 ITB #05-21 Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. INSTRUCTIONS Sod Material and Services 5 ITB #05-21 i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Sod Material and Services 6 ITB #05-21 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: October 29, 2020 Advertise Tampa Bay Times: November 4, 2020 Bids due: December 2, 2020 Review bids: December 2-11, 2020 Award recommendation: December 14, 2020 Council authorization: January 19, 2021 Contract begins: January 2021 STANDARD TERMS AND CONDITIONS Sod Material and Services 7 ITB #05-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. STANDARD TERMS AND CONDITIONS Sod Material and Services 8 ITB #05-21 Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are STANDARD TERMS AND CONDITIONS Sod Material and Services 9 ITB #05-21 discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s STANDARD TERMS AND CONDITIONS Sod Material and Services 10 ITB #05-21 custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. STANDARD TERMS AND CONDITIONS Sod Material and Services 11 ITB #05-21 S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. STANDARD TERMS AND CONDITIONS Sod Material and Services 12 ITB #05-21 S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City STANDARD TERMS AND CONDITIONS Sod Material and Services 13 ITB #05-21 property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Sod Material and Services 14 ITB #05-21 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Sod Material and Services 15 ITB #05-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 116,585 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. The City of Clearwater (City) purchases between two hundred thousand (200,000 ft²) and three hundred thousand (300,000 ft²) square feet of various sod types annually. Actual usage is dependent on project development and sod replacement needs. 3. SCOPE OF WORK. The City seeks to establish as-needed term contract(s) for sod materials and services. Specific requirements include, but are not limited to: sod material, installation, fertilization, watering coordination, labor, delivery, and warranty. Sod types shall include but are not limited to:  (Paspalum notatum ‘Pensacola’) - Bahia Sod  (Cynodon dactylon x C. transvaalensis germplasma) - Tifway 419 Bermuda Sod  (Cynodon dactylon (L.) Pers. xc. transvaalensis Burtt-Davy) - Latitude 36™ Bermuda Sod  (Cynodon dactylon ‘Celebration’) - Celebration Bermuda® Sod  Cynodon dactylon - TifTuf™ Bermuda Sod  (Stenotaphrum secundatum ‘floratam’) - St. Augustine Floratam Sod  (Stenotaphrum secundatum ‘ProVista’) – Scott’s ProVista St. Augustine Sod  (Paspalum vaginatum) - Seashore Paspalum Sod  (Zoysia japonica) – Empire Zoysia Sod The estimated annual quantities for installation and delivery, measured by square feet (ft²), are indicated on Exhibit A - Bid Pricing Sheet. Unique or unforeseen circumstances that require the use of other sod types will be at the City’s sole discretion and shall be quoted by the awarded Vendor(s) on a case-by-case basis. 3.1 GENERAL REQUIREMENTS. • Vendor shall supply all services required (material, equipment, labor, transportation) for each sod order placed by the City • The City shall have the ability to conduct field observations to assure quality meets City expectations. • Upon request by the City, specific varieties of sod shall come with a letter of certification from the grower authenticating the sod being bought is what was requested. • All sod materials and services shall conform to the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, latest edition, Sections 570, 981 and 982 (restricted). Section 983 shall apply for any optional watering operations. • Sod shall be free of insects and weeds. Sod shall be free of noxious weeds, exotic pest plants, plant parts or seeds as listed in the most current Category I “List of Invasive Species” from the Florida Exotic Pest Plant Council (FLEPPC). Website: http://www.fleppc.org. • Certification from the Florida Department of Agriculture for the types of sod purchased through this contract shall be provided upon request. • Sod shall be mowed forty-eight hours (48 hrs.) prior to cutting for delivery or installation. DETAILED SPECIFICATIONS Sod Material and Services 16 ITB #05-21 • Sod shall be cut for delivery or installation no more than twenty-four hours (24 hrs.) in advance, unless otherwise approved by the City. • It is the Vendor’s responsibility to contact 811 "Call Before You Dig" forty-eight hours (48 hrs.) prior to the start of any excavations within the designated work area to ascertain the location of underground utilities. • The Vendor will be responsible for maintaining sod material during the installation process, including weed control, to provide a successful end product. • Project debris shall be removed from site and taken to the appropriate disposal facilities, unless otherwise indicated by the City. • City of Clearwater roll-off containers must be used when it is determined that projects require disposal on-site. The City will provide or pay for the roll-off container, if required. Telephone contact information for the Solid Waste Department is 727-562-4920. • Any seasonal unavailability or quality issues affecting sod purchases shall be communicated to the City as soon as possible. • Unprofessional conduct by the Vendor or its employees will not be tolerated and may be grounds for contract termination. Any issues shall be brought to the attention of the City’s representative for resolution. 3.2 DELIVERY OF SOD MATERIAL. • Sod shall be delivered and off-loaded by the vendor at the site location specified by the City, unless otherwise directed by the City representative. 3.3 SOD MATERIAL SERVICE OPTIONS. • The City requires three (3) service options. These options may be requested for any sod types purchased under the resulting contract(s): Option 1: The Vendor shall provide a finish grade within plus or minus (+/-) one inch (1”) of the existing rough grade and provide minimal hand raking of any delivery equipment tire tracks. The Vendor must then provide, install and roll new sod to a grade compatible with existing grass and structures. All required watering during the preparation and install phases must be coordinated with the City as stated herein. Option 2: The Vendor shall remove all existing grass, weeds and vegetation. Upon removal completion, Vendor shall provide a rough and finish grade within plus or minus (+/-) three inches (3”) of the existing sub grade. The Vendor shall provide, install and roll new sod to a grade compatible with existing grass and other structures. All required watering during the preparation and install phases shall be coordinated with the City as stated herein. Option 3: Delivery ONLY. Sod shall be delivered on pallets and off-loaded by the vendor at the site location specified by the City. • The Vendor shall be required to install the sod as shown on the landscape drawings, or as directed by the City for each project. Sod installation projects may require a preconstruction conference to provide a work schedule and may be used to establish milestone payments for the work completed by the Vendor. The Vendor shall assess the scope of service for the project, determine square footage of the work to be completed, and provide a written estimate to the City. There shall be no additional charge to the City for job site inspections, preconstruction meeting attendance, assessments and/or written estimates. DETAILED SPECIFICATIONS Sod Material and Services 17 ITB #05-21 • The Vendor shall coordinate work with other contractors during sod installation projects, as required. • The Vendor shall inspect the installation surface prior to delivery and installation of sod. • The Vendor will be responsible for providing any rollers that may be required to prepare, install and complete sod services. • Services shall comply with all local and county government ordinances and laws concerning fertilizer nutrients. • Sod shall be placed in a manner that ensures the edges remain in close contact and that gaps are not present between sod pieces. • The City will provide all required watering using existing irrigation systems. In the event that an irrigation system is unavailable, the watering will be completed using the City’s water truck. • The Vendor shall be responsible for communicating expected delivery and installation times with the City to ensure the following watering requirements can be coordinated: • Sufficient watering of graded surface before sod installation • Thorough watering of sod immediately after installation • A continued watering schedule, as dictated by sun exposure, soil, heat and rain conditions, to encourage the growth of newly installed sod. • The Vendor shall be required to confirm the location of irrigation heads with the appropriate contractor prior to beginning sod installation projects and shall cut sod in a manner that allows irrigation heads to pop up and operate freely. • After initial watering, Vendor shall compact installed sod to a uniform finished grade using a riding roller weighing a minimum of one thousand pounds (1,000 lbs.). The Vendor shall roll the sod once from each perpendicular direction. Sod rolling shall be rolled in two directions, upon completion of first roll the sod areas shall be rolled again (second roll) at different direction ninety degrees (90º) from first rolling. • In sloped areas, the sod must be placed to prohibit the erosion and undermining of the foundation of adjacent sidewalks. The Vendor will be required to pin each piece of sod in alternating rows using two (2) eight-inch (8”) wire staples. • Staking will be required on slopes greater than two-to-one (2:1), or in any other areas as requested by the City, in order to prevent sod movement. Vendor shall request approval from the City prior to initiating any sod material installation that requires staking. 3.4 ACCEPTANCE. • Sod shall be inspected by the City prior to installation at the site or acceptance of delivery. • Sod shall be removed from the site immediately upon rejection and replaced by the Vendor at no additional cost to the City. Reasons for rejection may include, but are not limited to: a) Sod containing more than one percent (1%) of weeds b) Sod containing insects c) Dead sod d) Incorrect type of sod • Near the completion of a sod installation project, the City and Vendor will conduct a walkthrough inspection and develop a punch list of any outstanding items. The Vendor must complete the items noted on the punch list within three (3) calendar days of receipt. The Vendor will be DETAILED SPECIFICATIONS Sod Material and Services 18 ITB #05-21 required to schedule and conduct a follow-up inspection with the City after any outstanding issues have been resolved. • Thirty (30) days after installation, representatives of both the City and the Vendor shall visit the site(s) to assess the completed work. A determination of any replacement needs, and additional watering requirements will be made at that time. • Healthy turf establishment shall be defined as green turf with observed growth and evidence of a developed root structure into the underlying soil. • The Vendor shall replace any sod that has declined, dried out, and/or failed to develop a root structure into the soil. Sod replacement shall occur within fourteen (14) days of the site assessment. All replacement materials and services shall be subject to the requirements set forth in this solicitation and must be guaranteed for thirty (30) days from the replacement date. Replacement sod shall be marked with flags for watering and guarantee purposes. Sod replacement material and associated labor and delivery shall be at no additional cost to the City. 3.5 PAYMENT. • The all-inclusive square foot (ft²) cost for Option 1 & 2 shall include all sod, fertilization, watering, installation, labor, delivery, equipment, rolling, and materials required for this work and shall be paid on the basis of each square foot (ft²) delivered, installed, and accepted. • Delivery tickets shall be provided to the City at the time of material delivery or upon installation. Tickets shall include, at a minimum; the type of sod, quantity order, name of who placed the order and delivery location. • The Vendor shall submit an invoice to the City upon completion of the project. The invoice shall properly reference the purchase contract number, invoice number, itemized costs for the project, the total value of the project and the amount of payment due. No payment will be made in excess of the actual work completed by the Vendor. Large projects involving multiple contractors may require that sod installation be completed incrementally, with invoices being issued as such. • The terms of payment shall be Net thirty (30) days from receipt of invoice and will be subject to acceptance of services. Payment will be mailed using the United States Postal Service. There will be no hand delivery of payment to the Vendor. • Payment for sod shall not be made until a healthy stand of turf has been established, as outlined in this solicitation. 3.6 WARRANTY. • Sod purchases and installations shall be warranted to meet specifications for sixty (60) days after installation. • The Vendor shall not be held responsible for unexpected incidences, such as traffic damage, storm damage, or other acts of nature. 4. MINIMUM QUALIFICATIONS. • Vendors must have at least five (5) years of experience in work of the same or similar nature as outlined in this solicitation. Bidders shall provide a minimum of three (3) project references with their response. • Prior to contract award, the selected Vendor will be required to show that they have the necessary facilities, equipment and ability to perform the specified work in a satisfactory and efficient manner. Such facilities shall be available for inspection by the City prior to award of the contract, and at any time during the contract term. DETAILED SPECIFICATIONS Sod Material and Services 19 ITB #05-21 5. ORDER INFORMATION / DELIVERY. Upon contacting the awarded vendor for ordering, it is expected that a return call be received by the designated City representative within twenty-four hours (24 hrs.). Delivery shall be made to the location(s) as specified on the order request no later than three (3) business days after receipt of an order, or as mutually negotiated between the City and the Vendor. 6. INTENTION FOR AWARD. Due to the annual weather patterns in Florida, it is the intent of the City to select multiple Vendors with sod farms in different areas to ensure the availability of various sods year-round. In addition, to ensure a continuity of supply, flexibility to order product from an awarded vendor as a secondary source, and tertiary from the open market may be used if needed. 7. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. DETAILED SPECIFICATIONS Sod Material and Services 20 ITB #05-21 Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #05-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Sod Material and Services 21 ITB #05-21 1. BEGINNING AND END DATE OF INITIAL TERM. January 2021 through December 2021 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve (12) month change in the Producer Price Index (PPI) or Consumer Price Index(CPI) for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Sod Material and Services 22 ITB #05-21 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format Bid container properly labeled Exhibit A – Bid Pricing Sheet submitted in Excel format Bid Pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required Offer Certification form Minimum of three customer (3) references Warranty information, if applicable W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Sod Material and Services 23 ITB #05-21 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Sod Material and Services to the City of Clearwater at the price(s) stated in Exhibit A – Bid Pricing Sheet. Exhibit A – Bid Pricing Sheet must be completed by Group and all items within a Group must be bid on in order to be considered; however, a bidder does not have to bid all Groups. Exhibit A – Bid Pricing Sheet must be submitted in Excel format. The successful bidder(s) will provide these items on an as needed basis. The quantities indicated in Exhibit A - Bid Pricing Sheet is given only as an estimated annual usage and should not be construed as representing the actual amount to be purchased under this contract. DELIVERY REQUIREMENTS Freight Costs: Unit prices must include all shipping and transportation charges Delivery and installation requirements, as stated in Detailed Specifications, can be met? _____ Yes _____ No Is there a minimum order quantity on Option 3: Delivery Only on Exhibit A – Bid Pricing Sheet? _____ Yes _____ No If yes, please specify ___________________________________________________________________ PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 from the receipt of invoice and will be subject to acceptance of services. Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Sod Material and Services 24 ITB #05-21 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Sod Material and Services 25 ITB #05-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES Sod Material and Services 26 ITB #05-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Sod Material and Services 28 ITB #05-21 Instructions: The bidder shall submit a minimum of three (3) customer references for which the vendor has recently performed similar services. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Products Supplied: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Products Supplied: Reference # 3 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Products Supplied: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Sod Material and Services 29 ITB #05-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #05-21, Sod Material and Services Due Date: December 2, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #05-21, Sod Material and Services Due Date: December 2, 2020, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 1) Lira and Son Sod, Inc 2) Quality Sod & Landscape Solutions 113 Tryon Ave NW 18402 US-41 Lake Placid, FL 33852 Spring Hill, FL 34610 3) Sunbelt Sod & Grading 4) Toms Sod Service, Inc 819 9th Street NE 11413 49th St N Ruskin, FL 33570 Clearwater, FL 33762 Certified: Small/Minority Business ADVERTISED: TAMPA BAY TIMES 11/4/2020 POSTED:myclearwater.com 10/29/2020 FOR THE CITY OF CLEARWATER Due/Opening: DECEMBER 2, 2020; 10:00 a.m. INVITATION TO BID No. 05-21 SOD MATERIAL AND SERVICES Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8767 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 23, 2021 for the City to utilize Pinellas County School buses at a cost of $1.50 per mile plus $31.00 per hour, for a total estimated cost of $20,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department organizes field trips requiring bus transportation for participants. The Pinellas County School System allows municipalities to utilize their fleet of buses and drivers for $1.50 per mile plus $31.00 per hour for driver with a five-hour booking minimum. During the summer of 2021, the department will organize approximately 150 field trips that may utilize school bus transportation. Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are generally a less costly mode of transportation. Approval of this Agreement will provide staff with a larger number of options when determining the most cost- effective source of transportation for participants. The Agreement is similar to agreements between the Pinellas County School Board and other Pinellas County municipalities that utilize school bus transportation. This item supports the City's Strategic Plan by partnering with other public organizations to be more efficient in providing services and programs to the youth of our community. APPROPRIATION CODE AND AMOUNT: Funds are available in various account codes in the Recreation Programming Division’s Operating Budget to cover the costs associated with this Agreement. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/4/2021 VEHICLE USE AGREEMENT THIS AGREEMENT, entered into this ______ day of __________, ____ by and between THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the “School Board,” and the _____________________, a municipal corporation, hereinafter referred to as “User”. The parties agree as follows: The School Board will provide shuttle bus transportation to User for the contract period ending August 23, 2021 for the purpose of transporting school-age children, with chaperones, who participate in User’s sponsored programs. User shall make all requests for specific uses during the contract period to the School Board’s Transportation Department, who will determine whether buses are available pursuant to paragraph 3 below. 1. Transportation is for the sole purpose of transporting school-age children, with chaperones, who participate in User’s sponsored programs to and from locations in Pinellas and adjacent counties. 2. The bus or buses will be operated by an employee of the School Board, who is licensed to drive a school bus, and shall be assigned by the Director of Transportation or designee. Buses may be used under this agreement only if they are available at the times requested, and such use shall not interfere with or impair regular school transportation. The School Board’s Transportation Department shall be the final authority as to the availability of buses. 3. (A) User shall pay to the School Board, for the use of said school bus service that begins weekdays before 4:00 p.m., a sum per bus of the current rate per hour to include 15 minutes before and 15 minutes after the use, plus the surcharge rate per mile. There shall be a minimum charge of two hours. The current rate per hour and surcharge rate per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may investigate the current rates by either contacting the School Board’s Transportation Department or visiting http://webtrips.pinellas.k12.fl.us//webtrips// . (B) If requests extend to service that begins weekdays after 4:00 p.m., weekends and any non-school day, User shall pay a sum per bus of the current rate per hour to include 30 minutes before and 30 minutes after the use, plus the surcharge rate per mile. There shall be a minimum charge of four hours. The current rate per hour and surcharge rate per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may investigate the current rates by either contacting the School Board’s Transportation Department or visiting http://webtrips.pinellas.k12.fl.us//webtrips// . (C) “Weekend” is defined as a Saturdays and Sundays. “Weekend” shall also include Fridays during the time that the School Board is on its summer calendar schedule. “Weekday” is defined as all days not meeting the definition of “Weekend”. “Non-school day” is defined as a weekday when students are not scheduled to attend classes. 4. This agreement is made pursuant to section 1006.261, Florida Statutes, and the parties agree that they will comply with the provisions therewith, except that School Board and User hereby agree to indemnify each other for claims brought against the indemnified party only to the extent that the claims are found to result from the sole negligence of the indemnifying party, its governing body, or its employees. This indemnification shall not be construed to be an indemnification for the acts or omissions of third parties, independent contractors or third party agents of the parties. This indemnification shall not be construed as a waiver of the parties’ sovereign immunity, and shall be interpreted as limited to only such traditional liabilities for which the parties could be liable under the common law interpreting the limited waiver of sovereign immunity. Any claims against the indemnified party must comply with the procedures found in §768.28, Florida Statues. In order to comply with the requirements of §129.06, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount payable by either party under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against the indemnifying party to only those damages caused by indemnifying party’s sole negligence, and specifically not include any attorney’s fees or costs associated therewith. The User will provide a certificate of the required liability insurance showing the School Board of Pinellas County, Florida as an additional insured or a certificate of self-insurance to the School Board prior to the time of any transportation under this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the date first above written. THE SCHOOL BOARD OF Organization PINELLAS COUNTY, FLORIDA By: ____________________________________ _____________________________________ Chairperson Organization Name Attest: __________________________________ _____________________________________ Superintendent Print Name and Title Approved as to form: _________________________ __________________________________ School Board Attorney’s Office Signature Bus Use Agreement - Municipalities Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8769 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Biltmore Construction Company, Inc., of Belleair, Florida per Continuing Contracts RFQ 40-20, in the amount not to exceed $962,973.00 for the design, fabrication, and installation of Troy System acoustical panels at the District Three Operations and Training Center located at 2851 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, Council approved the use of Construction Manager at Risk (CMAR) Services for Continuing Contracts per RFQ 40-20, to thirteen firms with Biltmore Construction Company, Inc., being one of the thirteen firms selected. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. In 2017, the Police Department completed planned renovations to the existing firearms training range, to include significant safety enhancements for both the public and department employees. Subsequent to this project’s completion, the Police Department has received citizen complaints regarding the noise emanating from the facility during training sessions . The department has made efforts to ameliorate these noise concerns, but these actions have not abated these community concerns. This proposal includes the design, fabrication, and installation of Troy System acoustical panels at this facility, which will encompass the entirety of the range interior, as a means to more appropriately address the noise generated during departmental training. Troy Acoustics is a leader in indoor/outdoor noise control and acoustics and is utilized consistently by the United States Military and other law enforcement agencies across the country. The Police Department intends to include all the acoustic remediation outlined within the proposal, but may eliminate the concrete enclosures, based upon training requirements and need. The anticipated pre-construction and construction period is estimated at 120 days but will need to be coordinated with another on-going project at the same facility location. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish capital project P2102, Training Range Sound Mitigation and provide a transfer of $820,000 of infrastructure sales tax (Penny) revenues from capital improvement project 93530, Consolidated Eastside/SPC Library, to fund this contract. Page 1 City of Clearwater Printed on 2/4/2021 City of Clearwater Police Department Firing Range Guaranteed Maximum Price (GMP) Proposal Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on August 21,2020 based on RFQ#40-20 and the City of Clearwater Police Department Firing Range GMP dated January 8, 2021Pages 1-10 including the Enumeration of Documents (1 Page) and the Preliminary Construction Schedule {1 Page) If the GMP exceeds $150,000: Per Section Ill, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, ATTN: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. City Code: CITY OF CLEARWATER, FLORIDA Approved as to form: Owen Kohler Assistant City Attorney Countersigned: Frank Hibbard Mayor Date Date ' Attest: By:-------------Rosemarie Call City Clerk William B. Horne II City Manager Date I Page4 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8541 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Ratify and confirm a Legal Services Agreement and Contract between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on environmental matters for a five-year period, in an amount not to exceed $100,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: Environmental Engineering has engaged Baker and Hostetler, LLP to serve as legal counsel, aiding in addressing the environmental conditions at various city properties. This is for the purpose of satisfying Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA) regulations to ultimately achieve regulatory closure or compliance of affected city properties or permits. The five-year agreement term is from 7/1/2020 to 6/30/2025. These environmental legal services may also be used by other city departments and appropriately funded by various projects. APPROPRIATION CODE AND AMOUNT: Funds are available in various Capital Projects as needed to fund this contract. Page 1 City of Clearwater Printed on 2/4/2021 LEGAL SERVICES AGREEMENT (“AGREEMENT”) THIS LEGAL SERVICES AGREEMENT (the “Agreement”) is entered into as of this ____ day of ___________, 2021, with an Effective Date of July 1, 2020, nunc pro tunc, by and between the CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City"), and the law firm of BAKER & HOSTETLER LLP, Suite 2300, 200 South Orange Avenue, Orlando, Florida 32801 ("Counsel"). WITNESSETH : WHEREAS, the City wishes to retain Counsel to serve as legal counsel on certain environmental issues; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services to the City of Clearwater for the purpose of addressing environmental matters as the same may arise from time to time, including, but not limited to the environmental assessment and remediation activities being conducted at the Joe DiMaggio Sports Complex, Harbor Drive Fill Area, the Clearwater Gas Complex property, and other sites as necessary (“Sites”). Counsel’s professional services will include coordinating with the City and the Florida Department of Environmental Protection for the remediation and ultimate closure of the Sites, engaging outside consultants, as otherwise approved by the City, and other actions reasonably necessary to comply with the laws and regulations applicable to, as well as the other legal obligations of, the City with respect to remediating these Sites and addressing other environmental matters that arise from time to time. SECTION 3. TERM. The term of this Agreement shall be for five (5) years, beginning on July 1, 2020, nunc pro tunc, and shall expire on June 30, 2025 (“Term”). SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to an initial rate of $500.00 per hour for attorney services for William L. Pence and other partners, and to a rate of $295.00 per hour for additional attorney services of associates. For the last two years of this Agreement, the City and Counsel agree to a rate of $525.00 per hour attorney services of William L. Pence and other partners, and to a rate of $315.00 per hour for additional attorney services of associates. Professional fees for services shall not exceed $100,000.00 for the Term of this Agreement. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to Counsel for reasonable out-of-pocket expenses as determined by the City Attorney without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in [GM20-1311-012/264157/1] 2 performance of its duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel represents that it has expertise in the area of environmental issues and is competent to perform the duties required by this Agreement. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Counsel, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in an amount of $1,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by City and Counsel that Counsel is not aware of any of Counsel’s clients that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to authorize the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Counsel that William L. Pence will be the lead attorney assigned by Counsel to provide the services contained herein. The City, in its absolute discretion, may immediately terminate this Agreement upon written notice to Counsel if the services of this attorney are unavailable to the City. [SIGNATURE PAGE TO FOLLOWS] [GM20-1311-012/264157/1] 3 IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk BAKER & HOSTETLER LLP By: William L. Pence 103472259.2 CP: Environmental General Miscellaneous Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8656 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a professional services agreement and work order with Advanced Engineering and Design, Incorporated, of Pinellas Park, Florida, per Request for Qualifications (RFQ) 29-20 for Nash Street and Old Clearwater Bay Improvements (19-0032-EN) in the amount of $545,789.01 and authorize the appropriate officials to execute same. (consent) SUMMARY: February 2020, RFQ 29-20 was issued seeking an engineering firm to design improvements for Nash Street and Old Clearwater Bay. The RFQ selection committee, consisting of four representatives from the Engineering, Public Utilities and Stormwater Maintenance departments, reviewed eight submitted qualifications . The committee selected Advanced Engineering and Design to design the improvements to Nash Street and Old Clearwater Bay based on the broad amount of relevant experience designing similar projects. The existing stormwater infrastructure in the Old Clearwater Bay and Nash Street neighborhoods is undersized and surcharges onto private property. Upon investigation, the water & wastewater collection systems are also nearing the end of their useful lifespan. The project will consist of replacing and or improving the potable water, wastewater, stormwater systems, and reconstruction of the roadway, providing reliable infrastructure for many years. Anticipated services include, but are not limited to, design development, cost estimating, construction drawings, specifications, bid documents, as-needed permit acquisition and limited post-design construction services through the duration of the project. This project will be solicited using two separate construction contracts. Design of the Gulf to Bay Estates neighborhood (referred to as Nash St.) will begin immediately. Design of the Old Clearwater Bay neighborhood is anticipated to begin Summer 2021. Construction is anticipated to start in spring of 2022. APPROPRIATION CODE AND AMOUNT: ENST180005-DSGN-PROSVC $164,738.73 ENST180006-DSGN-PROSVC $246,172.28 3217321-530100-96212 $86,275.25 3217321-530100-96783 $41,194.25 3217321-530100-96739 $ 7,408.50 Funds are available in capital improvement projects in amounts of $164,738.73 in ENST180005, Coastal Basins; $246,172.28 in ENST180006, Alligator Creek; $86,275.25 in 96212, Sanitary Sewer Upgrades; $41,194.25 in 96783, Water System Upgrades; and Page 1 City of Clearwater Printed on 2/4/2021 File Number: ID#20-8656 $7,408.50 in 96739, Reclaimed Water Distribution System, to fund this work order. Page 2 City of Clearwater Printed on 2/4/2021 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND ADVANCED ENGINEERING & DESIGN, INC. RFQ #29-20 NASH STREET AND OLD CLEARATER BAY IMPROVEMENTS This AGREEMENT is made and entered into on the _____ day of January 2021 by and between the City of Clearwater, Florida (CITY) and Advanced Engineering and Design, Inc. (CONSULTANT). WITNESSETH: WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications (“RFQ”) #29-20 and responses by the CONSULTANT to RFQ #29-20. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices, by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #29-20, Scope of Services. 2.2 The CONSULTANT’S services under this Agreement will be provided under a project specific Work Order(s). Each Work Order will include the services for a single project, phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement. 2 Total compensation for all services shall not exceed $545,789.01 (Five Hundred Forty Five Thousand, Seven Hundred Eighty Nine Dollars and One Cent) unless specifically authorized by the City Council. See Work Order attached hereto as Exhibit B. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other engineering firms for services related to such projects, phases, tasks or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other architectural firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to two (2) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land 3 surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. 5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as 4 consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for “In House” use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. 5 c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. 6 i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT’S invoice and as provided for below. 6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated 7 for professional services provided up to the date of suspension, cancellation or abandonment. 10.0 GOVERNING LAW This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #29-20, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #29-20, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit A. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) Exhibit A, RFQ #29-20, Standard Terms and Conditions; and (iii) Work Orders. 8 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit C, which is incorporated by reference and attached hereto. 17.0 TERMINATION FOR LACK OF FUNDING The CITY’S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. [Remainder of Page Intentionally Left Blank] 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. _______________________________________ (ADVANCED ENGINEERING AND DESIGN) By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ___________________________ ______________________________ Frank Hibbard William B. Horne, II Mayor City Manager Approved as to form: Attest: ___________________________ ______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 10 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. Authorized Signature Printed Name Title Name of Entity/Corporation STATE OF COUNTY OF The foregoing instrument was acknowledged before me on this day of , 20 , by (name of person whose signature is being notarized) as the (title) of (name of corporation/entity), personally known to me as described herein , or produced a (type of identification) as identification, and who did/did not take an oath. Notary Public Printed Name My Commission Expires: NOTARY SEAL ABOVE 11 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 5. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 6. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 7. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 8. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. Authorized Signature Printed Name Title Name of Entity/Corporation STATE OF COUNTY OF The foregoing instrument was acknowledged before me on this day of , 20 , by (name of person whose signature is being notarized) as the (title) of (name of corporation/entity), personally known to me as described herein , or produced a (type of identification) as identification, and who did/did not take an oath. Notary Public Printed Name My Commission Expires: NOTARY SEAL ABOVE Work Order Initiation Form 1 of 57 Revised: 5/13/2020 Advanced Engineering & Design, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: November 23, 2020 Consultant Project Number: 20.CL-36 City Project Number: 19-0032-EN City Plan Set Number: 2018026 1. PROJECT TITLE: Nash Street and Old Clearwater Bay Improvements 2. SCOPE OF SERVICES: The City has identified the need for neighborhood-wide improvements within the Gulf to Bay Estates and Old Clearwater Bay neighborhoods. Improvements will include but not be limited to stormwater level of service improvements, roadway reconstruction, expansion and/or replacement of sidewalk infrastructure, sanitary sewer gravity main reconstruction, potable water main reconstruction, reclaimed water main reconstruction and right-of-way restoration. Advanced Engineering & Design, Inc. (AED) will provide, design, permitting, bidding and construction administration services for both neighborhood improvement projects. While performed under the same design contract, the City will be receiving an independent construction package for each improvement area. It is believed that the City will solicit bids for this project using two (2) separate construction contracts. Please reference below for a detailed outline of the proposed design, permitting, bidding and construction administration (CA) services. Please note that the Gulf to Bay Estates neighborhood improvement will herein be referenced as Project A while the Old Clearwater Bay improvements will be identified as Project B. All deliverables shall be compiled using the City of Clearwater CAD standards, as attached. Work Order Initiation Form 2 of 57 Revised: 5/13/2020 Project A – Gulf to Bay Estates Neighborhood Improvements I. PRE-DESIGN PHASE (30%) 1.1 The City-provided topographic survey(s) will be field verified based upon surficial observation. Prior to performing this visit, AED will submit a Health & Safety Plan. AED will submit a formal data request outlining the specific records that are being requested for design. Information provided by the City in response to the data request will be reviewed and findings will be incorporated into the proposed improvements. Platted easements will be identified on the topographic survey. Locations where accessibly standards are not met will be documented and reported to the City. 1.2 Insitu soils will be assessed in a preliminary manner. Proposed boring locations will be mapped and provided to the City for review. Once approved, formal soil assessment activities will commence. This assessment will assist AED in determining: – Normal and seasonally adjusted groundwater elevations - The existing roadway’s base / asphalt thickness. Base material condition will also be evaluated. - The relative density of insitu materials. - The ability to the insitu material to be used as suitable backfill associated with drainage and utility improvements - The presence of unsuitable or undesirable material that will need to be removed to facilitate the proposed improvements. With stormwater management facility (i.e. pond) design not proposed for this project, porosity and conductivity are subsurface characteristics that will not be assessed. Furthermore, soil sampling for the purposes of detecting metals, VOC’s, SVOC’s or any other contaminant is not proposed. Please note that, in the event unsuitable material is found to be present and removal is required, the limits of unsuitable material will be identified in the construction plans. Mapping of these limits will be done using the boring information and any other observations that may suggest the presence of unsuitable material. Obtaining secondary borings to further map the limits of unsuitable material (if found) is not proposed within this task. Work Order Initiation Form 3 of 57 Revised: 5/13/2020 Findings from this field investigation will be reviewed and incorporated into the construction plans. 1.3 AED shall prepare a basesheet utilizing the topographic survey and available utility information. Preliminary utility coordination will be performed by AED. Basesheet modification will be performed, as needed, in order to document the findings of this task. 1.4 A preliminary assessment of the existing stormwater infrastructure’s level of service will be performed. The watershed model for Alligator Creek (the watershed in which Gulf to Bay Estates resides) will be reviewed to determine hydraulic connectivity throughout the project area. Modifications will be made to the model to better document the performance of the neighborhood’s local infrastructure. Preliminary stormwater recommendations will be delineated for this project location. 1.5 With roadway’s being reconstructed throughout, alignments and typical sections will need to be prepared. AED will provide alignment recommendations for all roadways within the project areas. Typical section development will be performed for the subject roadways. 1.6 On a neighborhood-wide basis, existing and available utility corridors will be assessed. Locations where significant utility congestion is present will be documented for future use. 1.7 Land use requirements will be evaluated for the roadway, stormwater, sidewalk and utility improvements. Right-of-way acquisition needs associated with transportation elements will be identified. Easement size and location recommendations (both temporary and permanent) will be identified on the preliminary plans. 1.8 A preliminary opinion of probable cost will be prepared. Construction elements will be itemized and proposed pay items will be developed. 1.9 In an effort to document design assumptions, AED will prepare a Technical Memorandum. This memorandum will focus on the roadway and stormwater design factors considered when developing the preliminary plans. 1.10 AED will attend a meeting with City personnel to discuss comments to the Technical Memorandum/30% submittal. Meeting minutes will be prepared by AED and distributed to the City for review and commentary. Work Order Initiation Form 4 of 57 Revised: 5/13/2020 II. INTERMEDIATE DESIGN PHASE (60%) 2.01 AED staff will attend a Pre-Application Meeting with the Southwest Florida Water Management District (SWFWMD). Records of these meetings will be distributed to City personnel. 2.02 Private utility coordination will continue throughout the development of the 60% plans. Subsurface Utility Engineering (SUE) will be performed to obtain quality level “A” locates. Revisions to the construction plan basesheets (in both the plan and profile views) will be performed based upon the findings of these field activities. The proposed scope of works assumes between 18-25 “soft digs” to verify vertical and horizontal utility location. 2.03 A Control Plan will be prepared identifying construction baseline geometrics. Vertical control throughout the project location will also be documented on this plan. 2.04 AED will prepare a Demolition / Erosion & Sediment Control Plan detailing sediment control measures to be implemented during the construction phase. The scope of demolition will be outlined in this plan. Applicable detailing will be performed where the need to supplement City standard details is identified. 2.05 Stormwater modeling will be advanced to reflect a 60% level of completion. Adverse impacts which may be present upstream and/or downstream will be mitigated. Level of Service (LOS) improvements will be defined. The performance of secondary pipe systems will also be evaluated as part of this effort. 2.06 Written responses will be prepared for City commentary issued during the prior design phase. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 60% completion level. 2.07 Plan detailing will be performed. Location-specific restoration requirements as well as other project elements will also be addressed. Supplemental plan sheets, focusing on elements such as signage/striping and construction phasing, will be prepared and incorporated into the construction plans. Work Order Initiation Form 5 of 57 Revised: 5/13/2020 2.08 Previously developed opinions of probable cost will be further developed to incorporate the 60% design level elements. Scope itemization will be performed to the extent desired by the City. 2.09 Technical specifications will be prepared. City-standard specifications will be reviewed in detail and project-specific deviations, modifications and clarifications will be included within Section IVa. Section IVa will also include a Measurement and Payment section which will identify the specific subtasks required for each pay item. The preparation of “front end” documents, using the City’s standard format, will also be done at this time. 2.10 A letter narrative discussing design assumptions will be prepared by AED. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. A design review meeting will be attended if desired by the City. III. INTERMEDIATE DESIGN PHASE (90%) 3.01 Hydrologic and hydraulic modeling will be finalized at this stage of the design. Executable models will be packaged and transmitted to the City for future use. This transmittal will be accompanied by a Stormwater Modeling Narrative which will explain the modeling assumptions and techniques used for the project location. A summary of design storm results will be included within this document to streamline the review process. 3.02 A permit application will be prepared and submitted to the Southwest Florida Water Management District. Permitting through the Florida Department of Transportation is not anticipated. 3.03 Modifications to the plans and Stormwater Modeling Narrative will be made based upon commentary received by the permitting entity. Written responses will also be prepared and provided to the City for review prior to resubmission. 3.04 AED will assist the City in community outreach efforts. This may include the preparation of figures and maps, attendance at public meetings and individual property owner coordination. AED will log commentary received throughout the outreach process and coordinate the extent of plan / approach modifications with the City. Outreach pertaining to the construction of a new sidewalk on roads where no such facility is present is a component of this task. AED recognizes that the City may prefer to perform segmental outreach Work Order Initiation Form 6 of 57 Revised: 5/13/2020 throughout the duration of the project and/or begin outreach efforts during earlier phases of design. 3.05 Written responses will be prepared for City commentary issued during the prior design phase. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 90% completion level. A Construction Phasing plan will be prepared at this time. 3.06 Section IVa of the Contract Documents will be further developed to represent a 90% completion level. Modifications requested by the City at the time of 60% plan review will be incorporated at this time. Alternations mandated by project- specific permit conditions will be made. 3.07 Previously developed opinions of probable cost will be further developed to incorporate the 90% design level elements. Scope itemization will be performed to the extent desired by the City. 3.08 A letter narrative discussing design assumptions will be prepared by AED. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. A design review meeting will be attended if desired by the City. IV. FINAL DESIGN PHASE 4.01 Written responses will be prepared for City commentary issued during the prior design phase. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a final completion level. 4.02 Section IVa of the Contract Documents will be finalized. Construction-specific requirements resulting from public outreach efforts will be incorporated into this document to the extent desired by the City. 4.03 Previously developed opinions of probable cost will be advanced and finalized. 4.04 A letter narrative discussing design assumptions will be prepared by AED. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. A design review meeting will be attended if desired by the City. Work Order Initiation Form 7 of 57 Revised: 5/13/2020 V. BIDDING PHASE 5.01 AED will attend a Pre-Bid Meeting at the City of Clearwater. Commentary / questions submitted by prospective contractors will be recorded and incorporated into future addenda. 5.02 AED will respond to Requests for Information (RFIs) placed by prospective bidders. Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the City. Addenda will be issued on an as-needed basis. 5.03 AED will review the received bids and the Bid Tabulation provided by the City. A Recommendation of Award letter will be issued. Commentary on submitted pricing will also be provided. VI. CONSTRUCTION PHASE 6.01 AED will attend a Pre-Construction Meeting at the City of Clearwater. 6.02 Shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. 6.03 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of the work. Progress meetings will be led by the AED team and will entail agenda preparation, meeting administration and the preparation of meeting minutes. It is assumed that the project meetings will be held twice a month and the project will be 12 months long (24 progress meetings). A site visit will be performed prior to or after each progress meeting. 6.04 AED will respond to Requests for Information (RFIs) placed by the Contractor. Plan revisions will be performed on an as-needed basis. Contractor coordination will be performed throughout the duration of construction. 6.05 AED will attend a final walk through at the completion of the work. Punchlist items will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. 6.06 AED will prepare signed/sealed record drawings based on contractor-submitted as-builts that are signed/sealed by a professional land surveyor. Permit closeout will be performed as needed. Work Order Initiation Form 8 of 57 Revised: 5/13/2020 VII. SANITARY SEWER DESIGN, PERMITTING, BIDDING AND CONSTRUCTION SERVICES 7.01 Proposed corridors for sanitary sewer facilities will be identified utilizing corridor information developed in other project subtasks. A preliminary alignment will be selected and delineated within the 30% plans. 7.02 A preliminary opinion of probable cost will be prepared itemizing only sanitary sewer elements of the project. Proposed pay items will be developed for sanitary sewer work tasks. 7.03 In an effort to document design assumptions, AED will prepare a Technical Memorandum. This memorandum will focus on the sanitary sewer design factors considered when developing the preliminary plans. 7.04 Written responses will be prepared for City commentary focusing on the sanitary sewer elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 60% completion level. 7.05 Plan detailing will be performed. This effort will include general recommendations for sewage bypass. Supplemental plan sheets will be prepared and incorporated into the construction plans. 7.06 Previously developed opinions of probable cost will be further developed to incorporate the 60% design level elements. Scope itemization will be performed to the extent desired by the City. 7.07 The technical specifications will be expanded to include the proposed sanitary sewer scope of work. City-standard specifications will be reviewed in detail and project-specific deviations, modifications and clarifications will be included within Section IVa. Section IVa will also include a Measurement and Payment section which will identify the specific subtasks required for each sanitary sewer pay item. 7.08 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the sanitary sewer scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. Work Order Initiation Form 9 of 57 Revised: 5/13/2020 7.09 A permit application will be prepared and submitted to the Florida Department of Environmental Protection. Permitting through the Florida Department of Transportation is not anticipated. 7.10 Modifications to the plans (and specifications if needed) will be made based upon commentary received by the permitting entity. Written responses will also be prepared and provided to the City for review prior to resubmission if needed. 7.11 Written responses will be prepared for City commentary focusing on the sanitary sewer elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 90% completion level. 7.12 Section IVa of the Contract Documents will be further developed to represent a 90% completion level. Modifications requested by the City at the time of 60% plan review will be incorporated at this time. Alternations mandated by project- specific permit conditions will be made. 7.13 Previously developed opinions of probable cost will be further developed to incorporate the 90% design level elements. Scope itemization will be performed to the extent desired by the City. 7.14 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the sanitary sewer scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 7.15 Written responses will be prepared for City commentary focusing on the sanitary sewer elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a final completion level. 7.16 Section IVa of the Contract Documents will be finalized. Construction-specific requirements resulting from public outreach efforts will be incorporated into this document to the extent desired by the City. 7.17 Previously developed opinions of probable cost will be advanced and finalized. 7.18 AED will respond to sanitary sewer-related Requests for Information (RFIs) placed by prospective bidders. Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the Work Order Initiation Form 10 of 57 Revised: 5/13/2020 City. Addenda, if issued, will be expanded to cover sanitary sewer elements. 7.19 AED will review the received bids and the Bid Tabulation provided by the City. The Recommendation of Award letter will be expanded to discuss sanitary sewer work elements. Commentary on submitted pricing (for sanitary sewer work) will also be provided. 7.20 Sanitary sewer shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. 7.21 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of sanitary sewer work. 7.22 AED will respond to Requests for Information (RFIs) placed by the Contractor which pertain to the sanitary sewer scope of work. Plan revisions will be performed on an as-needed basis. Contractor coordination, pertaining to the sanitary sewer work, will be performed throughout the duration of construction. 7.23 AED will attend a final walk through at the completion of the work. Punchlist items for sanitary sewer work will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. 7.24 AED will prepare signed/sealed record drawings based on contractor-submitted as-builts that are signed/sealed by a professional land surveyor. Permit closeout will be performed as needed. VIII. POTABLE WATER DESIGN, PERMITTING, BIDDING AND CONSTRUCTION SERVICES 8.01 Upon layout of the proposed improvements, possible potable water conflicts will be identified. A preliminary resolution approach will be developed and delineated within the 30% plans. 8.02 A preliminary opinion of probable cost will be prepared itemizing only potable water elements of the project. Proposed pay items will be developed for potable water work tasks. 8.03 In an effort to document design assumptions, AED will prepare a Technical Memorandum. This memorandum will focus on the potable water design Work Order Initiation Form 11 of 57 Revised: 5/13/2020 factors considered when developing the preliminary plans. 8.04 Written responses will be prepared for City commentary focusing on the potable water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 60% completion level. 8.05 Plan detailing, focusing on potable water, will be performed. Supplemental plan sheets will be prepared and incorporated into the construction plans. 8.06 Previously developed opinions of probable cost will be further developed to incorporate the 60% design level elements. Scope itemization will be performed to the extent desired by the City. 8.07 The technical specifications will be expanded to include the proposed potable water scope of work. City-standard specifications will be reviewed in detail and project-specific deviations, modifications and clarifications will be included within Section IVa. Section IVa will also include a Measurement and Payment section which will identify the specific subtasks required for each potable water pay item. 8.08 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the potable water scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 8.09 A permit application will be prepared and submitted to the Florida Department of Environmental Protection. Permitting through the Florida Department of Transportation is not anticipated. 8.10 Modifications to the plans (and specifications if needed) will be made based upon commentary received by the permitting entity. Written responses will also be prepared and provided to the City for review prior to resubmission if needed. 8.11 Written responses will be prepared for City commentary focusing on the potable water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 90% completion level. 8.12 Section IVa of the Contract Documents will be further developed to represent a 90% completion level. Modifications requested by the City at the time of 60% Work Order Initiation Form 12 of 57 Revised: 5/13/2020 plan review will be incorporated at this time. Alternations mandated by project- specific permit conditions will be made. 8.13 Previously developed opinions of probable cost will be further developed to incorporate the 90% design level elements. Scope itemization will be performed to the extent desired by the City. 8.14 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the potable water scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 8.15 Written responses will be prepared for City commentary focusing on the potable water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a final completion level. 8.16 Section IVa of the Contract Documents will be finalized. Construction-specific requirements resulting from public outreach efforts will be incorporated into this document to the extent desired by the City. 8.17 Previously developed opinions of probable cost will be advanced and finalized. 8.18 AED will respond to potable water-related Requests for Information (RFIs) placed by prospective bidders. Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the City. Addenda, if issued, will be expanded to cover potable water elements. 8.19 AED will review the received bids and the Bid Tabulation provided by the City. The Recommendation of Award letter will be expanded to discuss potable water work elements. Commentary on submitted pricing (for potable water work) will also be provided. 8.20 Potable water shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. 8.21 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of potable water work. 8.22 AED will respond to Requests for Information (RFIs) placed by the Contractor which pertain to the potable water scope of work. Plan revisions will be Work Order Initiation Form 13 of 57 Revised: 5/13/2020 performed on an as-needed basis. Contractor coordination, pertaining to the potable water work, will be performed throughout the duration of construction. 8.23 AED will attend a final walk through at the completion of the work. Punchlist items for potable water work will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. 8.24 AED will prepare signed/sealed record drawings based on contractor-submitted as-builts that are signed/sealed by a professional land surveyor. Permit closeout will be performed as needed. Where applicable, pressure pipeline depth will be documented. Project contingencies have been allocated for additional services. These project contingencies shall not be used unless written approval is provided by the City Project Manager. Additionally, permit fee allowances have been established for the project. Project B – Old Clearwater Bay Neighborhood Improvements IX. PRE-DESIGN PHASE (30%) 9.1 The City-provided topographic survey(s) will be field verified based upon surficial observation. Prior to performing this visit, AED will submit a Health & Safety Plan. AED will submit a formal data request outlining the specific records that are being requested for design. Information provided by the City in response to the data request will be reviewed and findings will be incorporated into the proposed improvements. Platted easements will be identified on the topographic survey. Locations where accessibly standards are not met will be documented and reported to the City. 9.2 Insitu soils will be assessed in a preliminary manner. Proposed boring locations will be mapped and provided to the City for review. Once approved, formal soil assessment activities will commence. This assessment will assist AED in determining: – Normal and seasonally adjusted groundwater elevations - The existing roadway’s base / asphalt thickness. Base material condition will also be evaluated. - The relative density of insitu materials. - The ability to the insitu material to be used as suitable backfill associated with drainage and utility improvements Work Order Initiation Form 14 of 57 Revised: 5/13/2020 - The presence of unsuitable or undesirable material that will need to be removed to facilitate the proposed improvements. With stormwater management facility (i.e. pond) design not proposed for this project, porosity and conductivity are subsurface characteristics that will not be assessed. Furthermore, soil sampling for the purposes of detecting metals, VOC’s, SVOC’s or any other contaminant is not proposed. Please note that, in the event unsuitable material is found to be present and removal is required, the limits of unsuitable material will be identified in the construction plans. Mapping of these limits will be done using the boring information and any other observations that may suggest the presence of unsuitable material. Obtaining secondary borings to further map the limits of unsuitable material (if found) is not proposed within this task. Findings from this field investigation will be reviewed and incorporated into the construction plans. 9.3 AED shall prepare a basesheet utilizing the topographic survey and available utility information. Preliminary utility coordination will be performed by AED. Basesheet modification will be performed, as needed, in order to document the findings of this task. 9.4 A preliminary assessment of the existing stormwater infrastructure’s level of service will be performed. A hydrologic and hydraulic (H&H) model will be prepared for Old Clearwater Bay’s pre-improvement condition. Existing models available will be revised and expanded as necessary. Preliminary stormwater recommendations will be delineated for this project location. 9.5 With roadway’s being reconstructed throughout, alignments and typical sections will need to be prepared. AED will provide alignment recommendations for all roadways within the project areas. Typical section development will be performed for the subject roadways. 9.6 On a neighborhood-wide basis, existing and available utility corridors will be assessed. Locations where significant utility congestion is present will be documented for future use. 9.7 Land use requirements will be evaluated for the roadway, stormwater, sidewalk and utility improvements. Right-of-way acquisition needs associated with transportation elements will be identified. Easement size and location Work Order Initiation Form 15 of 57 Revised: 5/13/2020 recommendations (both temporary and permanent) will be identified on the preliminary plans. 9.8 A preliminary opinion of probable cost will be prepared. Construction elements will be itemized and proposed pay items will be developed. 9.9 In an effort to document design assumptions, AED will prepare a Technical Memorandum. This memorandum will focus on the roadway and stormwater design factors considered when developing the preliminary plans. 9.10 AED will attend a meeting with City personnel to discuss comments to the Technical Memorandum / 30% submittal. Meeting minutes will be prepared by AED and distributed to the City for review and commentary. X. INTERMEDIATE DESIGN PHASE (60%) 10.01 AED staff will attend a Pre-Application Meeting with the Southwest Florida Water Management District (SWFWMD). AED staff will also attend a Pre- Application meeting with the U.S. Army Corps of Engineers (USACOE) to confirm the applicability of Nationwide Permit for impacts to Water of the State. Records of these meetings will be distributed to City personnel. 10.02 Private utility coordination will continue throughout the development of the 60% plans. Subsurface Utility Engineering (SUE) will be performed to obtain quality level “A” locates. Revisions to the construction plan basesheets (in both the plan and profile views) will be performed based upon the findings of these field activities. The proposed scope of works assumes between 12-17 “soft digs” to verify vertical and horizontal utility location. 10.03 Coordination with AED’s environmental subconsultant will be performed to assess surface water impacts associated with the improvements. The assessment will focus on FLUCCS land use designation, environmentally sensitive features, existing vegetation and existing habitat. This narrative will accompany future permit submissions. 10.04 A Control Plan will be prepared identifying construction baseline geometrics. Vertical control throughout the project location will also be documented on this plan. 10.05 AED will prepare a Demolition / Erosion & Sediment Control Plan detailing sediment control measures to be implemented during the construction phase. Work Order Initiation Form 16 of 57 Revised: 5/13/2020 The scope of demolition will be outlined in this plan. Applicable detailing will be performed where the need to supplement City standard details is identified. 10.06 Stormwater modeling will be advanced to reflect a 60% level of completion. Adverse impacts which may be present upstream and/or downstream will be mitigated. Level of Service (LOS) improvements will be defined. The performance of secondary pipe systems will also be evaluated as part of this effort. 10.07 Written responses will be prepared for City commentary issued during the prior design phase. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 60% completion level. 10.08 Plan detailing will be performed. This effort will address structural detailing required for the restoration / construction of seawalls and/or retaining walls. Location-specific restoration requirements as well as other project elements will also be addressed. Supplemental plan sheets, focusing on elements such as signage/striping and construction phasing, will be prepared and incorporated into the construction plans. 10.09 Previously developed opinions of probable cost will be further developed to incorporate the 60% design level elements. Scope itemization will be performed to the extent desired by the City. 10.10 Technical specifications will be prepared. City-standard specifications will be reviewed in detail and project-specific deviations, modifications and clarifications will be included within Section IVa. Section IVa will also include a Measurement and Payment section which will identify the specific subtasks required for each pay item. The preparation of “front end” documents, using the City’s standard format, will also be done at this time. 10.11 A letter narrative discussing design assumptions will be prepared by AED. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. A design review meeting will be attended if desired by the City. XI. INTERMEDIATE DESIGN PHASE (90%) 11.01 Hydrologic and hydraulic modeling will be finalized at this stage of the design. Executable models will be packaged and transmitted to the City for future use. Work Order Initiation Form 17 of 57 Revised: 5/13/2020 This transmittal will be accompanied by a Stormwater Modeling Narrative which will explain the modeling assumptions and techniques used for the project location. A summary of design storm results will be included within this document to streamline the review process. 11.02 A permit application will be prepared and submitted to the Southwest Florida Water Management District (environmental and stormwater) and the Pinellas County Water & Navigational Authority (Dredge & Fill) (if needed). A Pre- Construction Notice will also be prepared and submitted to the Army Corps of Engineers. Permitting through the Florida Department of Transportation is not anticipated. 11.03 Modifications to the plans and Stormwater Modeling Narrative will be made based upon commentary received by the permitting entity. Written responses will also be prepared and provided to the City for review prior to resubmission. 11.04 AED will assist the City in community outreach efforts. This may include the preparation of figures and maps, attendance at public meetings and individual property owner coordination. AED will log commentary received throughout the outreach process and coordinate the extent of plan / approach modifications with the City. Outreach pertaining to the construction of a new sidewalk on roads where no such facility is present is a component of this task. AED recognizes that the City may prefer to perform segmental outreach throughout the duration of the project and/or begin outreach efforts during earlier phases of design. 11.05 Written responses will be prepared for City commentary issued during the prior design phase. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 90% completion level. A Construction Phasing plan will be prepared at this time. 11.06 Section IVa of the Contract Documents will be further developed to represent a 90% completion level. Modifications requested by the City at the time of 60% plan review will be incorporated at this time. Alternations mandated by project- specific permit conditions will be made. 11.07 Previously developed opinions of probable cost will be further developed to incorporate the 90% design level elements. Scope itemization will be performed to the extent desired by the City. Work Order Initiation Form 18 of 57 Revised: 5/13/2020 11.08 A letter narrative discussing design assumptions will be prepared by AED. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. A design review meeting will be attended if desired by the City. XII. FINAL DESIGN PHASE 12.01 Written responses will be prepared for City commentary issued during the prior design phase. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a final completion level. 12.02 Section IVa of the Contract Documents will be finalized. Construction-specific requirements resulting from public outreach efforts will be incorporated into this document to the extent desired by the City. 12.03 Previously developed opinions of probable cost will be advanced and finalized. 12.04 A letter narrative discussing design assumptions will be prepared by AED. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. A design review meeting will be attended if desired by the City. XIII. BIDDING PHASE 13.01 AED will attend a Pre-Bid Meeting at the City of Clearwater. Commentary / questions submitted by prospective contractors will be recorded and incorporated into future addenda. 13.02 AED will respond to Requests for Information (RFIs) placed by prospective bidders. Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the City. Addenda will be issued on an as-needed basis. 13.03 AED will review the received bids and the Bid Tabulation provided by the City. A Recommendation of Award letter will be issued. Commentary on submitted pricing will also be provided. XIV. CONSTRUCTION PHASE 14.01 AED will attend a Pre-Construction Meeting at the City of Clearwater. Work Order Initiation Form 19 of 57 Revised: 5/13/2020 14.02 Shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. 14.03 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of the work. Progress meetings will be led by the AED team and will entail agenda preparation, meeting administration and the preparation of meeting minutes. It is assumed that the project meetings will be held twice a month and the project will be 12 months long (24 progress meetings). A site visit will be performed prior to or after each progress meeting. 14.04 AED will respond to Requests for Information (RFIs) placed by the Contractor. Plan revisions will be performed on an as-needed basis. Contractor coordination will be performed throughout the duration of construction. 14.05 AED will attend a final walk through at the completion of the work. Punchlist items will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. 14.06 AED will prepare signed/sealed record drawings based on contractor-submitted as-builts that are signed/sealed by a professional land surveyor. Permit closeout will be performed as needed. XV. SANITARY SEWER DESIGN, PERMITTING, BIDDING AND CONSTRUCTION SERVICES 15.01 Proposed corridors for sanitary sewer facilities will be identified utilizing corridor information developed in other project subtasks. A preliminary alignment will be selected and delineated within the 30% plans. 15.02 A preliminary opinion of probable cost will be prepared itemizing only sanitary sewer elements of the project. Proposed pay items will be developed for sanitary sewer work tasks. 15.03 In an effort to document design assumptions, AED will prepare a Technical Memorandum. This memorandum will focus on the sanitary sewer design factors considered when developing the preliminary plans. 15.04 Written responses will be prepared for City commentary focusing on the sanitary sewer elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will Work Order Initiation Form 20 of 57 Revised: 5/13/2020 be advanced to reflect a 60% completion level. 15.05 Plan detailing will be performed. This effort will include general recommendations for sewage bypass. Supplemental plan sheets will be prepared and incorporated into the construction plans. 15.06 Previously developed opinions of probable cost will be further developed to incorporate the 60% design level elements. Scope itemization will be performed to the extent desired by the City. 15.07 The technical specifications will be expanded to include the proposed sanitary sewer scope of work. City-standard specifications will be reviewed in detail and project-specific deviations, modifications and clarifications will be included within Section IVa. Section IVa will also include a Measurement and Payment section which will identify the specific subtasks required for each sanitary sewer pay item. 15.08 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the sanitary sewer scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 15.09 A permit application will be prepared and submitted to the Florida Department of Environmental Protection. Permitting through the Florida Department of Transportation is not anticipated. 15.10 Modifications to the plans (and specifications if needed) will be made based upon commentary received by the permitting entity. Written responses will also be prepared and provided to the City for review prior to resubmission if needed. 15.11 Written responses will be prepared for City commentary focusing on the sanitary sewer elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 90% completion level. 15.12 Section IVa of the Contract Documents will be further developed to represent a 90% completion level. Modifications requested by the City at the time of 60% plan review will be incorporated at this time. Alternations mandated by project- specific permit conditions will be made. Work Order Initiation Form 21 of 57 Revised: 5/13/2020 15.13 Previously developed opinions of probable cost will be further developed to incorporate the 90% design level elements. Scope itemization will be performed to the extent desired by the City. 15.14 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the sanitary sewer scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 15.15 Written responses will be prepared for City commentary focusing on the sanitary sewer elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a final completion level. 15.16 Section IVa of the Contract Documents will be finalized. Construction-specific requirements resulting from public outreach efforts will be incorporated into this document to the extent desired by the City. 15.17 Previously developed opinions of probable cost will be advanced and finalized. 15.18 AED will respond to sanitary sewer-related Requests for Information (RFIs) placed by prospective bidders. Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the City. Addenda, if issued, will be expanded to cover sanitary sewer elements. 15.19 AED will review the received bids and the Bid Tabulation provided by the City. The Recommendation of Award letter will be expanded to discuss sanitary sewer work elements. Commentary on submitted pricing (for sanitary sewer work) will also be provided. 15.20 Sanitary sewer shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. 15.21 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of sanitary sewer work. 15.22 AED will respond to Requests for Information (RFIs) placed by the Contractor which pertain to the sanitary sewer scope of work. Plan revisions will be performed on an as-needed basis. Contractor coordination, pertaining to the sanitary sewer work, will be performed throughout the duration of Work Order Initiation Form 22 of 57 Revised: 5/13/2020 construction. 15.23 AED will attend a final walk through at the completion of the work. Punchlist items for sanitary sewer work will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. 15.24 AED will prepare signed/sealed record drawings based on contractor-submitted as-builts that are signed/sealed by a professional land surveyor. Permit closeout will be performed as needed. Where applicable, pressure pipeline depth will be documented. XVI. POTABLE WATER DESIGN, PERMITTING, BIDDING AND CONSTRUCTION SERVICES 16.01 Upon layout of the proposed improvements, possible potable water conflicts will be identified. A preliminary resolution approach will be developed and delineated within the 30% plans. Limits of potable water main replacement, due to material or existing size, will also be identified and depicted on the 30% plans. 16.02 A preliminary opinion of probable cost will be prepared itemizing only potable water elements of the project. Proposed pay items will be developed for potable water work tasks. 16.03 In an effort to document design assumptions, AED will prepare a Technical Memorandum. This memorandum will focus on the potable water design factors considered when developing the preliminary plans. 16.04 Written responses will be prepared for City commentary focusing on the potable water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 60% completion level. 16.05 Plan detailing, focusing on potable water, will be performed. Supplemental plan sheets will be prepared and incorporated into the construction plans. 16.06 Previously developed opinions of probable cost will be further developed to incorporate the 60% design level elements. Scope itemization will be performed to the extent desired by the City. Work Order Initiation Form 23 of 57 Revised: 5/13/2020 16.07 The technical specifications will be expanded to include the proposed potable water scope of work. City-standard specifications will be reviewed in detail and project-specific deviations, modifications and clarifications will be included within Section IVa. Section IVa will also include a Measurement and Payment section which will identify the specific subtasks required for each potable water pay item. 16.08 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the potable water scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 16.09 A permit application will be prepared and submitted to the Florida Department of Environmental Protection. 16.10 Modifications to the plans (and specifications if needed) will be made based upon commentary received by the permitting entity. Written responses will also be prepared and provided to the City for review prior to resubmission if needed. 16.11 Written responses will be prepared for City commentary focusing on the potable water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 90% completion level. 16.12 Section IVa of the Contract Documents will be further developed to represent a 90% completion level. Modifications requested by the City at the time of 60% plan review will be incorporated at this time. Alternations mandated by project- specific permit conditions will be made. 16.13 Previously developed opinions of probable cost will be further developed to incorporate the 90% design level elements. Scope itemization will be performed to the extent desired by the City. 16.14 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the potable water scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 16.15 Written responses will be prepared for City commentary focusing on the potable water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will Work Order Initiation Form 24 of 57 Revised: 5/13/2020 be advanced to reflect a final completion level. 16.16 Section IVa of the Contract Documents will be finalized. Construction-specific requirements resulting from public outreach efforts will be incorporated into this document to the extent desired by the City. 16.17 Previously developed opinions of probable cost will be advanced and finalized. 16.18 AED will respond to potable water-related Requests for Information (RFIs) placed by prospective bidders. Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the City. Addenda, if issued, will be expanded to cover potable water elements. 16.19 AED will review the received bids and the Bid Tabulation provided by the City. The Recommendation of Award letter will be expanded to discuss potable water work elements. Commentary on submitted pricing (for potable water work) will also be provided. 16.20 Potable water shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. 16.21 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of potable water work. 16.22 AED will respond to Requests for Information (RFIs) placed by the Contractor which pertain to the potable water scope of work . Plan revisions will be performed on an as-needed basis. Contractor coordination, pertaining to the potable water work, will be performed throughout the duration of construction. 16.23 AED will attend a final walk through at the completion of the work. Punchlist items for potable water work will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. 16.24 AED will prepare signed/sealed record drawings based on contractor-submitted as-builts that are signed/sealed by a professional land surveyor. Permit closeout will be performed as needed. Where applicable, pressure pipeline depth will be documented. Work Order Initiation Form 25 of 57 Revised: 5/13/2020 XVII. RECLAIMED WATER DESIGN, PERMITTING, BIDDING AND CONSTRUCTION SERVICES 17.01 Upon layout of the proposed improvements, possible reclaimed water conflicts will be identified. A preliminary resolution approach will be developed and delineated within the 30% plans. 17.02 A preliminary opinion of probable cost will be prepared itemizing only reclaimed water elements of the project. Proposed pay items will be developed for reclaimed water work tasks. 17.03 In an effort to document design assumptions, AED will prepare a Technical Memorandum. This memorandum will focus on the reclaimed water design factors considered when developing the preliminary plans. 17.04 Written responses will be prepared for City commentary focusing on the reclaimed water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 60% completion level. 17.05 Plan detailing, focusing on reclaimed water, will be performed. Supplemental plan sheets will be prepared and incorporated into the construction plans. 17.06 Previously developed opinions of probable cost will be further developed to incorporate the 60% design level elements. Scope itemization will be performed to the extent desired by the City. 17.07 The technical specifications will be expanded to include the proposed reclaimed water scope of work. City-standard specifications will be reviewed in detail and project-specific deviations, modifications and clarifications will be included within Section IVa. Section IVa will also include a Measurement and Payment section which will identify the specific subtasks required for each reclaimed water pay item. 17.08 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the reclaimed water scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 17.09 Written responses will be prepared for City commentary focusing on the reclaimed water elements of the project. Specific means of addressing each Work Order Initiation Form 26 of 57 Revised: 5/13/2020 comment will be outlined within the response document. The design plans will be advanced to reflect a 90% completion level. 17.10 Section IVa of the Contract Documents will be further developed to represent a 90% completion level. Modifications requested by the City at the time of 60% plan review will be incorporated at this time. 17.11 Previously developed opinions of probable cost will be further developed to incorporate the 90% design level elements. Scope itemization will be performed to the extent desired by the City. 17.12 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the reclaimed water scope of work. This document will identify where clarification and / or input is needed from the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 17.13 Written responses will be prepared for City commentary focusing on the reclaimed water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a final completion level. 17.14 Section IVa of the Contract Documents will be finalized. Construction-specific requirements resulting from public outreach efforts will be incorporated into this document to the extent desired by the City. 17.15 Previously developed opinions of probable cost will be advanced and finalized. 17.16 AED will respond to reclaimed water-related Requests for Information (RFIs) placed by prospective bidders. Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the City. Addenda, if issued, will be expanded to cover reclaimed water elements. 17.17 AED will review the received bids and the Bid Tabulation provided by the City. The Recommendation of Award letter will be expanded to discuss reclaimed water work elements. Commentary on submitted pricing (for reclaimed water work) will also be provided. 17.18 Reclaimed water shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. Work Order Initiation Form 27 of 57 Revised: 5/13/2020 17.19 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of reclaimed water work. 17.20 AED will respond to Requests for Information (RFIs) placed by the Contractor which pertain to the reclaimed water scope of work . Plan revisions will be performed on an as-needed basis. Contractor coordination, pertaining to the reclaimed water work, will be performed throughout the duration of construction. 17.21 AED will attend a final walk through at the completion of the work. Punchlist items for reclaimed water work will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. 17.22 AED will prepare signed/sealed record drawings based on contractor-submitted as-builts that are signed/sealed by a professional land surveyor. Where applicable, pressure pipeline depth will be documented. Project contingencies have been allocated for additional services. These project contingencies shall not be used unless written approval is provided by the City Project Manager. Additionally, permit fee allowances have been established for the project. 3. PROJECT GOALS: This project will entail the preparation of two (2) independent construction packages for neighborhood-wide improvements within the Old Clearwater Bay and Gulf to Bay Estates neighborhoods. AED will provide the City with an electronic version of all reports, estimates, specification packages and plans at each design phase as stated above. If requested, AED will provide the City four (4) printed copies of pertinent documents for review purposes. Signed and sealed plans, specifications and Stormwater Modeling Narrative shall be provided prior to bidding. These can be provided in an electronic or printed format. A project catalogue will also be provided. This catalogue will include all design, permitting, bidding and construction documents. Plan sheets will be sized at 24” x 36” (Arch D). All City, County and State stormwater requirements will be implemented. 4. BUDGET: See Attachment “B”. Work Order Initiation Form 28 of 57 Revised: 5/13/2020 This price includes all labor and expenses anticipated to be incurred by Advanced Engineering & Design, Inc. (AED) for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed five hundred forty five thousand seven hundred eighty nine dollars and one cent ($545,789.01). Permit application fees are anticipated for this project and projected at $6,800.00. 5. SCHEDULE: The project is to be completed 430 days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Task 12/20 01/21 02/21 03/21 04/21 05/21 06/21 07/21 08/21 09/21 10/21 11/21 12/21 01/22 02/22 03/22 04/22 05/22 06/22 PROJECT A – GULF TO BAY NEIGHBORHOOD IMPROVEMENTS Pre-Design Phase (30%) City Review Period Int. Design Phase (60%) City Review Period Int. Design Phase (90%) City Review Period Final Design Phase PROJECT B– OLD CLEARWATER BAY NEIGHBORHOOD IMPROVEMENTS Pre-Design Phase (30%) City Review Period Int. Design Phase (60%) City Review Period Int. Design Phase (90%) City Review Period Final Design Phase 1. The above schedule assumes a Notice to Proceed no later than 12/07/2020. 2. The above schedule assumes a 15-day City review period. Work Order Initiation Form 29 of 57 Revised: 5/13/2020 6. STAFF ASSIGNMENT: William G. Reidy, P.E., Principal Engineer; Justin V. Keller, P.E., Project Manager; Dan Stowers, P.E., Sr. Staff Engineer; John Parks, P.E., Sr. Staff Engineer; Rafal Kadaj, P.E., Staff Engineer; Steven Torres, CAD Manager 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: William G. Reidy, P.E., Principal Engineer Cc: Justin V. Keller, P.E, CFM ENV SP, Project Manager All City project correspondence shall be directed to: Ivan Dimitrov, with copies to others as may be appropriate. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attn. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: ENST180006-DSGN-PROSVC $246,172.28 ENST180005-DSGN-PROSVC $164,738.73 Sewer 3277321-530100-96212 $86,275.25 Water 3217321-530100-96783 $41,194.25 Reclaimed 3217321-530100-96739 $7,408.50 Work Order Initiation Form 30 of 57 Revised: 5/13/2020 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Project, Purchase Order and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. 1. Legal Descriptions & Sketches for temporary and permanent easements shall be provided by others. 2. It is assumed that hazardous materials and/or contaminated groundwater is not present within the limits of the proposed improvements. 3. A full assessment of tree impacts is not proposed. It is assumed that trees impacted by construction will be removed. 4. The construction of a dock or marine structure is not proposed. 5. The design of a lift station rehabilitation is not proposed. 6. Modifications to the Alligator Creek GWIS geodatabase are not proposed. 7. Channel improvements to Allen Creek are not proposed. 8. The preparation of project renderings are not believed to be needed. 9. Sheeting design shall be performed by the Contractor. 10. UMAM Preparation is not proposed. 11. Stormwater bypass plan is to be developed by the Contractor. AED will stipulate bypass parameters on the plans. 12. The City shall televise existing piping if warranted. 13. The City shall review pay applications during construction. 14. The preparation of property assessment for project infrastructure is not proposed. Work Order Initiation Form 31 of 57 Revised: 5/13/2020 15. The preparation of Temporary Traffic Control (TTC) Plans are not proposed. 16. Permitting activities through the Army Corps of Engineers assumes that a General Permit, Letter of Permission or Nationwide Permit will be the appropriate permitting vehicle. The acquisition of a Standard Permit is not proposed. 17. Permitting through the FDEP for reclaimed water improvements is not proposed. PREPARED BY: APPROVED BY: ________________________ ________________________ William G. Reidy, P.E. Tara Kivett, PE Principal Engineer City Engineer Advanced Engineering & Design, Inc. City of Clearwater ___________________ ___________________ Date Date Work Order Initiation Form 32 of 57 Revised: 5/13/2020 ATTACHMENT “A” City of Clearwater Engineering Department WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Work Order Initiation Form 33 of 57 Revised: 5/13/2020 ATTACHMENT “B” Nash Street and Old Clearwater Bay Improvements Advanced Engineering & Design, Inc. WORK ORDER INITIATION FORM PROJECT A – GULF TO BAY ESTATES NEIGHBORHOOD IMPROVEMENTS PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Pre-Design Phase (30%) 1.01 Review City- Provided Survey / Perform Field Visit to "Truth" Survey / ADA Compliance Assessment $0.00 $530.00 $530.00 1.02 Preliminary Soils Assessment / Coordination with Geotechnical Subconsultant / Incorporation of Findings $7,500.00 $2,020.00 $9,520.00 1.03 Basesheet Preparation / Preliminary Private Utility Coordination $0.00 $4,614.75 $4,614.75 1.04 Alligator Creek Watershed Model Revisions / Preliminary Stormwater System Alignment & Sizing $0.00 $9,470.00 $9,470.00 1.05 Typical Section Development / Roadway Layout $0.00 $5,850.00 $5,850.00 1.06 Identify Utility Corridors & Preliminary Alignments $0.00 $670.00 $670.00 Work Order Initiation Form 34 of 57 Revised: 5/13/2020 1.07 Evaluate Land Use Requirements (Right-of-Way / Temporary & Permanent Easements) $0.00 $995.00 $995.00 1.08 Prepare Preliminary Opinion of Probable Cost $0.00 $1,887.50 $1,887.50 1.09 Prepare Technical Memorandum Discussing Design Assumptions $0.00 $780.25 $780.25 1.10 Attend Meeting with City Personnel $0.00 $530.00 $530.00 Pre-Design Phase (30%) Total: $34,847.50 2.0 Intermediate Design Phase (60%) 2.01 Attend Pre- Application Meeting (SWFWMD) $0.00 $530.00 $530.00 2.02 Coordination with SUE Subconsultant / Basesheet Revisions Per SUE Data (Plan & Profile) / Private Utility Coordination $9,000.00 $5,370.00 $14,370.00 2.03 Preparation of Control Plan $0.00 $1,367.50 $1,367.50 2.04 Preparation of Demolition, Erosion & Sediment Control Plan $0.00 $3,605.00 $3,605.00 2.05 Stormwater Modeling Advancement (60%) $0.00 $17,425.00 $17,425.00 2.06 Incorporation of City Commentary / Prepare 60% Plans, Profile & Sections $0.00 $29,520.00 $29,520.00 2.07 Plan Detailing (60%) / Prepare $0.00 $4,620.00 $4,620.00 Work Order Initiation Form 35 of 57 Revised: 5/13/2020 Supplemental Plan Sheets 2.08 Summarize Quantities / Prepare 60% Opinion of Probable Cost $0.00 $2,377.50 $2,377.50 2.09 Prepare "Front Ends" & Technical Specifications (including Measurement & Payment Section) $0.00 $2,730.00 $2,730.00 2.10 Prepare Letter Narrative Discussing Design Assumptions $0.00 $1,525.00 $1,525.00 Intermediate Design Phase (60%) Total: $78,070.00 3.0 Intermediate Design Phase (90%) 3.01 Finalize Stormwater Modeling / Prepare Stormwater Narrative $0.00 $8,835.00 $8,835.00 3.02 Prepare & Submit Permit Application (SWFWMD) $0.00 $2,712.50 $2,712.50 3.03 Prepare Formal Responses to Permit Commentary / Perform Plan Revisions as Needed $0.00 $6,582.75 $6,582.75 3.04 Community Outreach / Individual Property Owner Coordination $0.00 $3,810.00 $3,810.00 3.05 Incorporation of City Commentary / Design Plan Advancement (90%) $0.00 $16,460.00 $16,460.00 3.06 Specification Advancement (90%) $0.00 $1,635.00 $1,635.00 Work Order Initiation Form 36 of 57 Revised: 5/13/2020 3.07 Prepare 90% Opinion of Probable Cost $0.00 $1,720.00 $1,720.00 3.08 Prepare Letter Narrative Discussing Design Assumptions $0.00 $912.50 $912.50 Intermediate Design Phase (90%) Total: $42,667.75 4.0 Final Design Phase 4.01 Prepare Responses to City Commentary / Design Plan Advancement $0.00 $15,610.00 $15,610.00 4.02 Finalize Technical Specifications $0.00 $1,365.00 $1,365.00 4.03 Prepare Final Opinion of Probable Cost $0.00 $1,620.00 $1,620.00 4.04 Prepare Letter Narrative Discussing Design Assumptions $0.00 $1,022.50 $1,022.50 Final Design Phase Total: $19,617.50 5.0 Bidding Phase 5.01 Attend Pre-Bid Meeting $0.00 $345.00 $345.00 5.02 Respond to Bidder- Placed RFIs / Perform Plan Revisions as Needed / Issue Addenda $0.00 $7,615.00 $7,615.00 5.03 Review Submitted Bids & Prepare Recommendation of Award / Conformed Package Preparation $0.00 $947.50 $947.50 Bidding Phase Total: $8,907.50 6.0 Construction Phase 6.01 Attend Pre- Construction Meeting $0.00 $665.00 $665.00 6.02 Review Shop Drawings $0.00 $3,120.00 $3,120.00 Work Order Initiation Form 37 of 57 Revised: 5/13/2020 6.03 Lead Progress Meetings / Construction Site Visits $0.00 $14,380.00 $14,380.00 6.04 Respond to Contractor-Placed Requests for Information / Contractor Coordination / Assistance in Dispute Resolution $0.00 $16,555.00 $16,555.00 6.05 Attend Final Walk Through / Punchlist Preparation & Resolution $0.00 $900.00 $900.00 6.06 Review Contractor- Submitted Record Drawings / Permit Closeout $0.00 $1,790.00 $1,790.00 Construction Phase Total: $37,410.00 Subtotal, Labor and Subcontractors (Tasks 1 – 6) $221,520.25 6.07 Contingency (10%) $22,152.03 6.08 Permit Review Fees $2,500.00 Total (Tasks 1 – 6) $246,172.28 7.0 Sanitary Sewer Design, Permitting, Bidding and Construction Services 7.01 Identify Sanitary Sewer Corridors / Preliminary Alignment $0.00 $5,435.00 $5,435.00 7.02 Prepare Preliminary Opinion of Probable Cost $0.00 $465.00 $465.00 7.03 Prepare Technical Memorandum Discussing Design Assumptions (Sanitary Sewer Specific) $0.00 $345.00 $345.00 7.04 Incorporation of City Commentary pertaining to Sanitary Sewer / Prepare 60% Plan & Profile $0.00 $7,150.00 $7,150.00 Work Order Initiation Form 38 of 57 Revised: 5/13/2020 7.05 Sanitary Sewer Plan Detailing (60%) / Prepare Supplemental Plan Sheets $0.00 $2,370.00 $2,370.00 7.06 Summarize Sanitary Sewer Quantities / Prepare 60% Opinion of Probable Cost $0.00 $1,155.00 $1,155.00 7.07 Expansion of Technical Specifications (including Measurement & Payment Section) (Sanitary Sewer) $0.00 $1,995.00 $1,995.00 7.08 Prepare Letter Narrative Discussing Sanitary Sewer Design Assumptions $0.00 $345.00 $345.00 7.09 Prepare & Submit Permit Application (FDEP) $0.00 $560.00 $560.00 7.10 Prepare Formal Responses to Permit Commentary / Perform Plan Revisions as Needed $0.00 $710.00 $710.00 7.11 Incorporation of City Sanitary Sewer Commentary / Design Plan Advancement (90%) $0.00 $4,785.00 $4,785.00 7.12 Specification Advancement (90%) (Sanitary Sewer) $0.00 $1,365.00 $1,365.00 7.13 Prepare 90% Opinion of Probable Cost (Sanitary Sewer) $0.00 $662.50 $662.50 Work Order Initiation Form 39 of 57 Revised: 5/13/2020 7.14 Prepare Letter Narrative Discussing Design Assumptions $0.00 $345.00 $345.00 7.15 Prepare Responses to City Sanitary Sewer Commentary / Finalize Sanitary Sewer Design $0.00 $3,345.00 $3,345.00 7.16 Finalize Sanitary Sewer Technical Specifications $0.00 $940.00 $940.00 7.17 Prepare Final Opinion of Probable Cost (Sanitary Sewer) $0.00 $375.00 $375.00 7.18 Respond to Bidder- Placed RFIs pertaining to Sanitary Sewer / Perform Plan Revisions as Needed / Incorporation of Sanitary Sewer Elements into Addenda $0.00 $2,260.00 $2,260.00 7.19 Review Submitted Bids & Incorporate Sanitary Sewer Elements into Recommendation of Award / Conformed Package Preparation $0.00 $440.00 $440.00 7.20 Review Sanitary Sewer Shop Drawings $0.00 $2,115.00 $2,115.00 7.21 Progress Meeting Attendance / Construction Site Visits (Pertaining to Sanitary Sewer) $0.00 $3,020.00 $3,020.00 7.22 Respond to Contractor-Placed Requests for $0.00 $5,380.00 $5,380.00 Work Order Initiation Form 40 of 57 Revised: 5/13/2020 Information Pertaining to Sanitary Sewer / Contractor Coordination / Assistance in Dispute Resolution 7.23 Attend Final Walk Through / Punchlist Preparation & Resolution (Sanitary Sewer) $0.00 $580.00 $580.00 7.24 Review Contractor- Submitted Record Drawings / Permit Closeout (Sanitary Sewer) $0.00 $1,027.50 $1,027.50 Sanitary Sewer Total: $47,170.00 Subtotal, Labor and Subcontractors (Task 7) $47,170.00 7.25 Contingency (10%) $4,717.00 7.26 Permit Review Fees $250.00 Total (Task 7) $52,137.00 8.0 Potable Water Design, Permitting, Bidding and Construction Services 8.01 Identify Potable Water Conflicts / Preliminary Conflict Resolution $0.00 $605.00 $605.00 8.02 Prepare Preliminary Opinion of Probable Cost $0.00 $232.50 $232.50 8.03 Prepare Technical Memorandum Discussing Design Assumptions (Potable Water Specific) $0.00 $280.00 $280.00 8.04 Incorporation of City Commentary Pertaining to Potable Water / Prepare 60% Plan & Profile $0.00 $1,540.00 $1,540.00 8.05 Potable Water Plan Detailing (60%) / Prepare $0.00 $755.00 $755.00 Work Order Initiation Form 41 of 57 Revised: 5/13/2020 Supplemental Plan Sheets 8.06 Summarize Potable Water Quantities / Prepare 60% Opinion of Probable Cost $0.00 $465.00 $465.00 8.07 Expansion of Technical Specifications (including Measurement & Payment Section) (Potable Water) $0.00 $935.00 $935.00 8.08 Prepare Letter Narrative Discussing Potable Water Design Assumptions $0.00 $305.00 $305.00 8.09 Prepare & Submit Permit Application (FDEP) $0.00 $375.00 $375.00 8.10 Prepare Formal Responses to Permit Commentary / Perform Plan Revisions as Needed $0.00 $375.00 $375.00 8.11 Incorporation of City Potable Water Commentary / Design Plan Advancement (90%) $0.00 $1,167.50 $1,167.50 8.12 Specification Advancement (90%) (Potable Water) $0.00 $735.00 $735.00 8.13 Prepare 90% Opinion of Probable Cost (Potable Water) $0.00 $290.00 $290.00 8.14 Prepare Letter Narrative Discussing Design Assumptions $0.00 $305.00 $305.00 Work Order Initiation Form 42 of 57 Revised: 5/13/2020 8.15 Prepare Responses to City Potable Water Commentary / Finalize Potable Water Design $0.00 $615.00 $615.00 8.16 Finalize Potable Water Technical Specifications $0.00 $370.00 $370.00 8.17 Prepare Final Opinion of Probable Cost (Potable Water) $0.00 $290.00 $290.00 8.18 Respond to Bidder- Placed RFIs pertaining to Potable Water / Perform Plan Revisions as Needed / Incorporation of Potable Water Elements into Addenda $0.00 $1,355.00 $1,355.00 8.19 Review Submitted Bids & Incorporate Potable Water Elements into Recommendation of Award / Conformed Package Preparation $0.00 $385.00 $385.00 8.20 Review Potable Water Shop Drawings $0.00 $1,552.50 $1,552.50 8.21 Progress Meeting Attendance / Construction Site Visits (Pertaining to Potable Water) $0.00 $1,020.00 $1,020.00 8.22 Respond to Contractor-Placed Requests for Information Pertaining to Potable Water / Contractor $0.00 $985.00 $985.00 Work Order Initiation Form 43 of 57 Revised: 5/13/2020 Coordination / Assistance in Dispute Resolution 8.23 Attend Final Walk Through / Punchlist Preparation & Resolution (Potable Water) $0.00 $475.00 $475.00 8.24 Review Contractor- Submitted Record Drawings / Permit Closeout (Potable Water) $0.00 $612.50 $612.50 Potable Water Total: $16,025.00 Subtotal, Labor and Subcontractors (Task 8) $16,025.00 8.25 Contingency (10%) $1,602.50 8.26 Permit Review Fees $650.00 Total (Task 8) $18,277.50 Grand Total (Tasks 1-8) $316,586.78 PROJECT B – OLD CLEARWATER BAY NEIGHBORHOOD IMPROVEMENTS PROJECT BUDGET Task Description Subconsultant Services Labor Total 9.0 Pre-Design Phase (30%) 9.01 Review City- Provided Survey / Perform Field Visit to "Truth" Survey / ADA Compliance Assessment $0.00 $530.00 $530.00 9.02 Preliminary Soils Assessment / Coordination with Geotechnical Subconsultant / $5,000.00 $1,845.00 $6,845.00 Work Order Initiation Form 44 of 57 Revised: 5/13/2020 Incorporation of Findings 9.03 Basesheet Preparation / Preliminary Private Utility Coordination $0.00 $910.00 $910.00 9.04 Stormwater Model Development / Preliminary Stormwater System Alignment & Sizing $0.00 $1,160.00 $1,160.00 9.05 Typical Section Development / Roadway Layout $0.00 $2,200.00 $2,200.00 9.06 Identify Utility Corridors & Preliminary Alignments $0.00 $510.25 $510.25 9.07 Evaluate Land Use Requirements (Right-of-Way / Temporary & Permanent Easements) $0.00 $625.00 $625.00 9.08 Prepare Preliminary Opinion of Probable Cost $0.00 $820.00 $820.00 9.09 Prepare Technical Memorandum Discussing Design Assumptions $0.00 $780.25 $780.25 9.10 Attend Meeting with City Personnel $0.00 $530.00 $530.00 Pre-Design Phase (30%) Total: $14,910.50 10.0 Intermediate Design Phase (60%) 10.01 Attend Pre- Application Meeting (SWFWMD & USACOE) $0.00 $530.00 $530.00 Work Order Initiation Form 45 of 57 Revised: 5/13/2020 10.02 Coordination with SUE Subconsultant / Basesheet Revisions Per SUE Data (Plan & Profile) / Private Utility Coordination $6,000.00 $3,522.50 $9,522.50 10.03 Coordination with Environmental Subconsultant / Assessment of Surface Water Impacts $2,500.00 $1,165.00 $3,665.00 10.04 Preparation of Control Plan $0.00 $565.00 $565.00 10.05 Preparation of Demolition, Erosion & Sediment Control Plan $0.00 $1,980.00 $1,980.00 10.06 Stormwater Modeling Advancement (60%) $0.00 $9,110.00 $9,110.00 10.07 Incorporation of City Commentary / Prepare 60% Plans, Profile & Sections $0.00 $15,110.00 $15,110.00 10.08 Plan Detailing (60%) / Prepare Supplemental Plan Sheets $0.00 $2,540.00 $2,540.00 10.09 Summarize Quantities / Prepare 60% Opinion of Probable Cost $0.00 $1,695.00 $1,695.00 10.10 Prepare "Front Ends" & Technical Specifications (including Measurement & Payment Section) $0.00 $1,730.00 $1,730.00 Work Order Initiation Form 46 of 57 Revised: 5/13/2020 10.11 Prepare Letter Narrative Discussing Design Assumptions $0.00 $890.00 $890.00 Intermediate Design Phase (60%) Total: $47,337.50 11.0 Intermediate Design Phase (90%) 11.01 Finalize Stormwater Modeling / Prepare Stormwater Narrative $0.00 $5,615.00 $5,615.00 11.02 Prepare & Submit Permit Application (SWFWMD) / Prepare & Submit Pre-Construction Notification to Army Corp of Engineers for Nationwide Permit / Prepare & Submit Dredge & Fill Permit Application to Pinellas County $0.00 $2,712.50 $2,712.50 11.03 Prepare Formal Responses to Permit Commentary / Perform Plan Revisions as Needed $0.00 $9,405.00 $9,405.00 11.04 Community Outreach / Individual Property Owner Coordination $0.00 $2,880.00 $2,880.00 11.05 Incorporation of City Commentary / Design Plan Advancement (90%) $0.00 $8,800.00 $8,800.00 11.06 Specification Advancement (90%) $0.00 $1,260.00 $1,260.00 Work Order Initiation Form 47 of 57 Revised: 5/13/2020 11.07 Prepare 90% Opinion of Probable Cost $0.00 $1,227.50 $1,227.50 11.08 Prepare Letter Narrative Discussing Design Assumptions $0.00 $762.50 $762.50 Intermediate Design Phase (90%) Total: $32,662.50 12.0 Final Design Phase 12.01 Prepare Responses to City Commentary / Design Plan Advancement $0.00 $11,141.75 $11,141.75 12.02 Finalize Technical Specifications $0.00 $887.50 $887.50 12.03 Prepare Final Opinion of Probable Cost $0.00 $835.00 $835.00 12.04 Prepare Letter Narrative Discussing Design Assumptions $0.00 $837.50 $837.50 Final Design Phase Total: $13,701.75 13.0 Bidding Phase 13.01 Attend Pre-Bid Meeting $0.00 $345.00 $345.00 13.02 Respond to Bidder-Placed RFIs / Perform Plan Revisions as Needed / Issue Addenda $0.00 $4,895.00 $4,895.00 13.03 Review Submitted Bids & Prepare Recommendation of Award / Conformed Package Preparation $0.00 $947.50 $947.50 Bidding Phase Total: $6,187.50 14.0 Construction Phase 14.01 Attend Pre- Construction Meeting $0.00 $665.00 $665.00 14.02 Review Shop Drawings $0.00 $2,635.00 $2,635.00 Work Order Initiation Form 48 of 57 Revised: 5/13/2020 14.03 Progress Meeting Attendance / Construction Site Visits $0.00 $14,380.00 $14,380.00 14.04 Respond to Contractor- Placed Requests for Information / Contractor Coordination / Assistance in Dispute Resolution $0.00 $12,320.00 $12,320.00 14.05 Attend Final Walk Through / Punchlist Preparation & Resolution $0.00 $900.00 $900.00 14.06 Review Contractor- Submitted Record Drawings / Permit Closeout $0.00 $1,790.00 $1,790.00 Construction Phase Total: $32,690.00 Subtotal, Labor and Subcontractors (Tasks 9 – 14) $147,489.75 14.07 Contingency (10%) $14,748.98 14.08 Permit Review Fees $2,500.00 Total (Tasks 9 – 14) $164,738.73 15.0 Sanitary Sewer Design, Permitting, Bidding and Construction Services 15.01 Identify Sanitary Sewer Corridors / Preliminary Alignment $0.00 $2,935.00 $2,935.00 15.02 Prepare Preliminary Opinion of Probable Cost $0.00 $392.50 $392.50 15.03 Prepare Technical Memorandum Discussing Design Assumptions (Sanitary Sewer Specific) $0.00 $345.00 $345.00 15.04 Incorporation of City Commentary pertaining to Sanitary Sewer / $0.00 $4,200.00 $4,200.00 Work Order Initiation Form 49 of 57 Revised: 5/13/2020 Prepare 60% Plan & Profile 15.05 Sanitary Sewer Plan Detailing (60%) / Prepare Supplemental Plan Sheets $0.00 $1,690.00 $1,690.00 15.06 Summarize Sanitary Sewer Quantities / Prepare 60% Opinion of Probable Cost $0.00 $1,155.00 $1,155.00 15.07 Expansion of Technical Specifications (including Measurement & Payment Section) (Sanitary Sewer) $0.00 $1,145.00 $1,145.00 15.08 Prepare Letter Narrative Discussing Sanitary Sewer Design Assumptions $0.00 $345.00 $345.00 15.09 Prepare & Submit Permit Application (FDEP) $0.00 $560.00 $560.00 15.10 Prepare Formal Responses to Permit Commentary / Perform Plan Revisions as Needed $0.00 $710.00 $710.00 15.11 Incorporation of City Sanitary Sewer Commentary / Design Plan Advancement (90%) $0.00 $2,495.00 $2,495.00 15.12 Specification Advancement (90%) (Sanitary Sewer) $0.00 $890.00 $890.00 Work Order Initiation Form 50 of 57 Revised: 5/13/2020 15.13 Prepare 90% Opinion of Probable Cost (Sanitary Sewer) $0.00 $487.50 $487.50 15.14 Prepare Letter Narrative Discussing Design Assumptions $0.00 $345.00 $345.00 15.15 Prepare Responses to City Sanitary Sewer Commentary / Finalize Sanitary Sewer Design $0.00 $1,295.00 $1,295.00 15.16 Finalize Sanitary Sewer Technical Specifications $0.00 $465.00 $465.00 15.17 Prepare Final Opinion of Probable Cost (Sanitary Sewer) $0.00 $345.00 $345.00 15.18 Respond to Bidder-Placed RFIs pertaining to Sanitary Sewer / Perform Plan Revisions as Needed / Incorporation of Sanitary Sewer Elements into Addenda $0.00 $1,645.00 $1,645.00 15.19 Review Submitted Bids & Incorporate Sanitary Sewer Elements into Recommendation of Award / Conformed Package Preparation $0.00 $440.00 $440.00 15.20 Review Sanitary Sewer Shop Drawings $0.00 $1,905.00 $1,905.00 15.21 Progress Meeting Attendance / Construction Site $0.00 $2,190.00 $2,190.00 Work Order Initiation Form 51 of 57 Revised: 5/13/2020 Visits (Pertaining to Sanitary Sewer) 15.22 Respond to Contractor- Placed Requests for Information Pertaining to Sanitary Sewer / Contractor Coordination / Assistance in Dispute Resolution $0.00 $3,220.00 $3,220.00 15.23 Attend Final Walk Through / Punchlist Preparation & Resolution (Sanitary Sewer) $0.00 $580.00 $580.00 15.24 Review Contractor- Submitted Record Drawings / Permit Closeout (Sanitary Sewer) $0.00 $1,027.50 $1,027.50 Sanitary Sewer Total: $30,807.50 Subtotal, Labor and Subcontractors (Task 15) $30,807.50 15.25 Contingency (10%) $3,080.75 15.26 Permit Review Fees $250.00 Total (Task 15) $34,138.25 16.0 Potable Water Design, Permitting, Bidding and Construction Services 16.01 Identify Potable Water Conflicts / Preliminary Conflict Resolution $0.00 $925.00 $925.00 16.02 Prepare Preliminary Opinion of Probable Cost $0.00 $417.50 $417.50 16.03 Prepare Technical Memorandum Discussing Design Assumptions (Potable Water Specific) $0.00 $465.00 $465.00 Work Order Initiation Form 52 of 57 Revised: 5/13/2020 16.04 Incorporation of City Commentary Pertaining to Potable Water / Prepare 60% Plan & Profile $0.00 $2,145.00 $2,145.00 16.05 Potable Water Plan Detailing (60%) / Prepare Supplemental Plan Sheets $0.00 $585.00 $585.00 16.06 Summarize Potable Water Quantities / Prepare 60% Opinion of Probable Cost $0.00 $465.00 $465.00 16.07 Expansion of Technical Specifications (including Measurement & Payment Section) (Potable Water) $0.00 $760.00 $760.00 16.08 Prepare Letter Narrative Discussing Potable Water Design Assumptions $0.00 $305.00 $305.00 16.09 Prepare & Submit Permit Application (FDEP) $0.00 $375.00 $375.00 16.10 Prepare Formal Responses to Permit Commentary / Perform Plan Revisions as Needed $0.00 $375.00 $375.00 16.11 Incorporation of City Potable Water Commentary / Design Plan Advancement (90%) $0.00 $1,540.00 $1,540.00 Work Order Initiation Form 53 of 57 Revised: 5/13/2020 16.12 Specification Advancement (90%) (Potable Water) $0.00 $735.00 $735.00 16.13 Prepare 90% Opinion of Probable Cost (Potable Water) $0.00 $290.00 $290.00 16.14 Prepare Letter Narrative Discussing Design Assumptions $0.00 $210.00 $210.00 16.15 Prepare Responses to City Potable Water Commentary / Finalize Potable Water Design $0.00 $1,540.00 $1,540.00 16.16 Finalize Potable Water Technical Specifications $0.00 $370.00 $370.00 16.17 Prepare Final Opinion of Probable Cost (Potable Water) $0.00 $290.00 $290.00 16.18 Respond to Bidder-Placed RFIs pertaining to Potable Water / Perform Plan Revisions as Needed / Incorporation of Potable Water Elements into Addenda $0.00 $1,355.00 $1,355.00 16.19 Review Submitted Bids & Incorporate Potable Water Elements into Recommendation of Award / Conformed Package Preparation $0.00 $385.00 $385.00 Work Order Initiation Form 54 of 57 Revised: 5/13/2020 16.20 Review Potable Water Shop Drawings $0.00 $1,552.50 $1,552.50 16.21 Progress Meeting Attendance / Construction Site Visits (Pertaining to Potable Water) $0.00 $2,080.00 $2,080.00 16.22 Respond to Contractor- Placed Requests for Information Pertaining to Potable Water / Contractor Coordination / Assistance in Dispute Resolution $0.00 $1,990.00 $1,990.00 16.23 Attend Final Walk Through / Punchlist Preparation & Resolution (Potable Water) $0.00 $475.00 $475.00 16.24 Review Contractor- Submitted Record Drawings / Permit Closeout (Potable Water) $0.00 $612.50 $612.50 Potable Water Total: $20,242.50 Subtotal, Labor and Subcontractors (Task 16) $20,242.50 16.25 Contingency (10%) $2,024.25 16.26 Permit Review Fees $650.00 Total (Task 16) $22,916.75 17.0 Reclaimed Water Design, Permitting, Bidding and Construction Services 17.01 Identify Reclaimed Water Conflicts / Preliminary Conflict Resolution $0.00 $207.50 $207.50 17.02 Prepare Preliminary Opinion of Probable Cost $0.00 $232.50 $232.50 Work Order Initiation Form 55 of 57 Revised: 5/13/2020 17.03 Prepare Technical Memorandum Discussing Design Assumptions (Reclaimed Water Specific) $0.00 $280.00 $280.00 17.04 Incorporation of City Commentary Pertaining to Reclaimed Water / Prepare 60% Plan & Profile $0.00 $795.00 $795.00 17.05 Reclaimed Water Plan Detailing (60%) / Prepare Supplemental Plan Sheets $0.00 $175.00 $175.00 17.06 Summarize Reclaimed Water Quantities / Prepare 60% Opinion of Probable Cost $0.00 $257.50 $257.50 17.07 Expansion of Technical Specifications (including Measurement & Payment Section) (Reclaimed Water) $0.00 $440.00 $440.00 17.08 Prepare Letter Narrative Discussing Reclaimed Water Design Assumptions $0.00 $105.00 $105.00 17.09 Incorporation of City Reclaimed Water Commentary / Design Plan Advancement (90%) $0.00 $510.00 $510.00 17.10 Specification Advancement $0.00 $280.00 $280.00 Work Order Initiation Form 56 of 57 Revised: 5/13/2020 (90%) (Reclaimed Water) 17.11 Prepare 90% Opinion of Probable Cost (Reclaimed Water) $0.00 $185.00 $185.00 17.12 Prepare Letter Narrative Discussing Design Assumptions $0.00 $185.00 $185.00 17.13 Prepare Responses to City Reclaimed Water Commentary / Finalize Reclaimed Water Design $0.00 $350.00 $350.00 17.14 Finalize Reclaimed Water Technical Specifications $0.00 $160.00 $160.00 17.15 Prepare Final Opinion of Probable Cost (Reclaimed Water) $0.00 $105.00 $105.00 17.16 Respond to Bidder-Placed RFIs pertaining to Reclaimed Water / Perform Plan Revisions as Needed / Incorporation of Reclaimed Water Elements into Addenda $0.00 $565.00 $565.00 17.17 Review Submitted Bids & Incorporate Reclaimed Water Elements into Recommendation of Award / Conformed Package Preparation $0.00 $210.00 $210.00 Work Order Initiation Form 57 of 57 Revised: 5/13/2020 17.18 Review Reclaimed Water Shop Drawings $0.00 $762.50 $762.50 17.19 Progress Meeting Attendance / Construction Site Visits (Pertaining to Reclaimed Water) $0.00 $210.00 $210.00 17.20 Respond to Contractor- Placed Requests for Information Pertaining to Reclaimed Water / Contractor Coordination / Assistance in Dispute Resolution $0.00 $507.50 $507.50 17.21 Attend Final Walk Through / Punchlist Preparation & Resolution (Reclaimed Water) $0.00 $132.50 $132.50 17.22 Review Contractor- Submitted Record Drawings $0.00 $80.00 $80.00 Reclaimed Water Total: $6,735.00 Subtotal, Labor and Subcontractors (Task 17) $6,735.00 17.23 Contingency (10%) $673.50 17.24 Permit Review Fees $0.00 Total (Task 17) $7,408.50 Grand Total (Tasks 9-17) $229,202.23 Subtotal Stormwater $410,911.01 Subtotal Sanitary Sewer $86,275.25 Subtotal Potable Water $41,194.25 Subtotal Reclaimed Water $7,408.50 Grand Total $545,789.01 ^ ^N FORT HARRISON AVELAKEVIEW RD S HIGHLAND AVE N HIGHLAND AVE US HWY 19 NSR 580 DREW ST GULF TO BAY BLVD N KEENE RD CURLEW RD COURT ST N HERCULES AVE COURTNEY CAMPBELL CSWY SR 590 S KEENE RD S MISSOURI AVE MEMORIAL CSWY NE COACHMAN RD N MYRTLE AVE LOCATION MAP Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\19-0032EN_Loc.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1XXXXGrid #:XX-XXs-XXeS-T-R:IDReviewed By: Nash Street and Old Clearwater Bay ImprovementsProject Number: 19-0032-EN KNMap Gen By: ² N.T.S.Scale:Date:12/9/2020 Legend Clearwater Service Area Area not in Clearwater Jurisdiction ^Project Locations Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Nash Street and Old Clearwater Bay Improvements Consulting Services RFQ #29-20 February 28, 2020 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, March 30, 2020 to provide Nash Street and Old Clearwater Bay Improvements Consulting Services. Brief Description: The City of Clearwater is seeking qualifications from an Engineering firm to provide comprehensive professional engineering services for two (2) separate project areas: Nash Street and Old Clearwater Bay. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Nash St. and Old Clearwater Bay Improvements Consulting Services 2 RFQ #29-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: March 30, 2020 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any INSTRUCTIONS Nash St. and Old Clearwater Bay Improvements Consulting Services 3 RFQ #29-20 resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: INSTRUCTIONS Nash St. and Old Clearwater Bay Improvements Consulting Services 4 RFQ #29-20 a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Nash St. and Old Clearwater Bay Improvements Consulting Services 5 RFQ #29-20 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (see Response Elements, pps. 10-11) Points Technical Expertise of Firm (Tab 2) 30 Experience and Professional Qualifications (Tab 3) 25 Project Methodology (Tab 4) 20 Schedule to Complete the Investigation and Prepare Reports, Including Estimated Number of Hours Per Task, by Personnel/Position (Tab4) 10 Quality Management Plan (Tab 5) 15 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by INSTRUCTIONS – EVALUATION Nash St. and Old Clearwater Bay Improvements Consulting Services 6 RFQ #29-20 the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: February 28, 2020 Advertise Tampa Bay Times: February 29, 2020 Responses due: March 30, 2020 Review responses/presentations: March 31 – April 21, 2020 Award recommendation: April 22, 2020 Council authorization: June 4, 2020 Contract begins: June 2020 DETAILED SPECIFICATIONS Nash St. and Old Clearwater Bay Improvements Consulting Services 7 RFQ #29-20 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. SCOPE OF SERVICES. The City of Clearwater is seeking an Engineering firm to provide comprehensive professional engineering services including but not limited to design, permitting, procurement, and CEI services for two (2) separate project areas: Nash Street and Old Clearwater Bay. Location Maps and Surveys have been provided for each project: • Exhibit A Nash Street Location Map and Survey • Exhibit B Old Clearwater Bay Location Map and Survey The design scope for both project areas will accomplish the following goals: • A replacement of all City owned sanitary sewer system including laterals and cleanouts. • A replacement of all City owned aged or undersized potable water system and water service lines. • A new and improved stormwater conveyance system with adequate maintenance access. • A new roadway system with associated sidewalk compliant with current ADA codes, curbing, underdrain and speed humps. Engineering Services shall include but are not limited to the following: i. 30% Design Plans & Review ii. 60% Design Plans & Review iii. 90% Design Plans & Review iv. Final Design Plans & Review v. Bidding package and conformed package vi. Construction Phase Services 3. REQUIRED QUALIFICATIONS. Qualified firms must demonstrate competence in areas of engineering and related fields including roads, drainage and modeling, sanitary sewer, potable water, reclaimed water, transportation, gas systems, environmental science, and construction engineering and inspection for similar municipal projects. 4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the DETAILED SPECIFICATIONS Nash St. and Old Clearwater Bay Improvements Consulting Services 8 RFQ #29-20 minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #29-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Nash St. and Old Clearwater Bay Improvements Consulting Services 9 RFQ #29-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. June 2020 – August 2021 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT Nash St. and Old Clearwater Bay Improvements Consulting Services 10 RFQ #29-20 1. RESPONSE SUBMISSION - Submit one (1) signed original (identified as ORIGINAL) along with four (4) copies and one (1) electronic format copy on a disc or thumb drive in a sealed envelope/container. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty-two (22) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 6 and 7, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). The cover letter should briefly introduce the Consultant and also include: a. A statement confirming that all information contained in the response is complete and accurate. b. Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project. c. Contact information for the firm’s principal including email address and phone number. TAB 2 – Technical Expertise (30 points; six [6] pages). Provide background about the firm and present an understanding of the Scope of Services to be provided and ability to provide such services, including: a. Information for three (3) projects, preferably within the last 10 years, for which Consultant has provided closely related services to this Scope of Services. Project descriptions shall identify any change order(s) to the original agreement. b. Explain innovative solutions that resulted in cost savings to the agency, and accuracy of prepared municipal capital improvement plans to the actual costs to the agency. c. Provide client references for the three (3) selected projects including contact name, mailing address, email address, and phone number. TAB 3 – Experience and Professional Qualifications (25 points; six [6] pages). Describe the firm’s professional background, experience with similar projects, and qualifications of key personnel proposed to work on the project. Include an organization chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. Include resumes for key team members (including subconsultants) demonstrating specific project experience relevant to the project. Include the expected amount of involvement for each consultant team member. Any changes in key personnel after the contract award must be approved by the City. TAB 4 – Project Methodology and Schedule (20 and 10 points; six [6] pages). Demonstrate project understanding and affirm proposed approach to meet the needs of the City. Provide a detailed work phase/task plan, including a tentative schedule to complete the Scope of Services, including estimated number of hours per task, by personnel/position. TAB 5 – Quality Management Plan (15 points; two [2] pages). Describe the firm’s systematic approach to quality assurance for the project. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. a. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. RESPONSE FORMAT Nash St. and Old Clearwater Bay Improvements Consulting Services 11 RFQ #29-20 b. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. c. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) d. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form b. Company Information form c. Response Certification form d. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License e. If the firm is a corporation, a copy of the current Florida Corporation Registration f. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Nash St. and Old Clearwater Bay Improvements Consulting Services 12 RFQ #29-20 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION Nash St. and Old Clearwater Bay Improvements Consulting Services 13 RFQ #29-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION Nash St. and Old Clearwater Bay Improvements Consulting Services 14 RFQ #29-20 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Nash St. and Old Clearwater Bay Improvements Consulting Services 15 RFQ #29-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #29-20, Nash St. and Old Clearwater Bay Improvement Consultant Services Due Date: March 30, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #29-20, Nash St. and Old Clearwater Bay Improvement Consultant Services Due Date: March 30, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ Page 1 of 1 Addendum #1 RFQ #29-20, Nash St. and Old Clearwater Bay Improvements Consulting Services March 6, 2020 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFQ #29-20, Nash St. and Old Clearwater Bay Improvements Consulting Services. Question 1: Who will be the City’s Project Manager? Answer to Question 1: Phuong Vo, Lead Engineering Specialist, will be the City’s Project Manager. Question 2: Who is on the evaluation committee? Answer to Question 2: Currently, the evaluation committee for this RFQ is composed of Roger Johnson, Engineering Manager; Phuong Vo, Lead Engineering Specialist; Melvin Maciolek, Stormwater Maintenance Manager; Glenn Daniel, Water, Reclaim and Wastewater Collections Manager. Question 3: Will there be a pre-proposal conference/meeting? Answer to Question 3: No, there will not be a pre-proposal meeting. Question 4: What are the estimated design fees? Answer to Question 4: The design fees have not been determined. A well-defined scope of work with allocated design fees will be developed and negotiated during the Work Order initiation process with the selected firm. Question 5: What is the funding source (City or FDOT funds)? Answer to Question 5: The City of Clearwater will fund this project. End of Questions and Answers End of Addenda Page 1 of 2 Addendum #2 RFQ #29-20, Nash St. and Old Clearwater Bay Improvements Consulting Services March 19, 2020 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFQ #29-20, Nash St. and Old Clearwater Bay Improvements Consulting Services. Question 1: Will the city provide any additional survey needed or will the consultant need to provide this? Answer to Question 1: If needed for design, the City will provide the consultant additional surveys. Question 2: Has the city developed hydraulic models of their water and sanitary sewer system. If so, what software is used? Answer to Question 2: The City is currently refining both models as part of its wastewater collection and potable water master plans. Question 3: Does the city have a preferred stormwater modeling software? Answer to Question 3: Interconnected Channel and Pond Routing (ICPR) has been the model software used for many watershed updates within the City’s boundaries. It would be a choice for this project to be modeled using the same software. Question 4: Does the city have master plans for the stormwater/water system/sanitary sewer system? Answer to Question 4: The City does not have master plans for the stormwater but does have for water and sanitary sewer systems. See response to question #2 above. Question 5: Is it the city’s intent to have sidewalks on both sides of the street? Answer to Question 5: No, the City does not intend to add any additional sidewalks to have sidewalks on both sides of the street. Question 6: Has the city developed a street/complete street concept plan for these areas? Answer to Question 6: No, the City has not developed a street/complete street concept plan. Question 7: Will the City consider extending the deadline for the referenced RFQ by 30 days in light of the continued spread of COVID 19? Answer to Question 7: We are working closely with our Information Technology Department to see if a secure bid document upload is possible during this time. If we are successful, we will issue an addendum, providing direction on how to submit your Page 2 of 2 response to the City electronically. In the meantime, we are extending the due date of this RFQ until April 30, 2020, 10:00A.M., Local Time. Question 8: In regards to the RFQ #29-20, Nash St. and Old Clearwater Bay Improvements Consulting Services, is it the City’s intent to design / bid both project areas concurrently as one contract? Answer to Question 8: It is the City’s intent is to design/bid both project areas concurrently as one contract, but the bid package shall be assembled in a manner to provide the City needed flexibility to bid them separately, as necessary. Question 9: Will survey CAD files be provided? Answer to Question 9: The City will provide the survey to the Consultant in CAD files. Question 10: Will the City consider allowing submission of the referenced RFQ response electronically via email or secure website? Answer to Question 10: Refer to Answer to Question 7 above. End of Questions and Answers End of Addenda Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8749 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities to support Duke’s new transformer at State Street Park and authorize the appropriate officials to execute same. (consent) SUMMARY: Parks and Recreation is installing an irrigation controller and new lighting on a sign at State Street Park which requires Duke to install a new transformer. The proposed easement will provide Duke Energy with the property rights necessary to construct and maintain its electric equipment within the easement. The Engineering Department supports conveyance of the Distribution Easement. Page 1 City of Clearwater Printed on 2/4/2021 Prepared By: Manny R. Vilaret, Esquire Return To: Duke Energy Vilaret Law, PLLC Attn: Land Services 10901 Danka Circle, Suite C 2401 25th Street North, SP-15 St. Petersburg, Florida 33716 St. Petersburg, Florida 33713 SEC:03 TWP29 RGE: 15 COUNTY: PINELLAS PROJECT: DE WO 37811929 GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33756 SITE ADDRESS: Betty Lane North TAX PARCEL NUMBER: 03-29-15-55548-000-0120 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: See legal description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2021. GRANTOR: Countersigned: _________________________________ By: _______________________________ Frank Hibbard, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney STATE OF __________________________________ COUNTY OF ________________________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day _____________, 2021, by Frank Hibbard and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is personally known to me or who has produced ___________________________________________ as identification. [Notary Seal] _______________________________________ Notary Public _______________________________________ Name typed, printed or stamped My Commission Expires: __________________ Betty LaneRight-of Way VariesE.A. Marshall Subdivision Plat Book 3, Page 44 Lot 12 State Street Right-of Way Varies West 177' South 10' East 15' Proposed 10' x 15' Duke Energy Easement A 10' x 15' Proposed Duke Energy Easement described as follows: The East 15' of the West 177' of the South 10' of Lot 12 of the plat E.A Marshall, as recorded in Subdivision Plat Book 3, Pages 44 of the Public Records of Pinellas County, FL. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OFCITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit "A" Proposed 10' x 15' Duke Energy Easement @ State Street ParkKyle Vaughan Tom Mahony 12/22/2020 Lgl_2020-18 1 1 3 29S 15E This is not a survey N.T.S. Legal Description 10'15'STATE ST N BETTY LN BERTLAND WAY 1952 1969 13271978 1974 1979 1940 1942 19711950 1329AERIAL MAP PROPOSED NEW EASEMENT to DUKE Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\StateSt_Park_Easement_2019Aer.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 11/12/2021Date:251BGrid #:RBReviewed By: Proposed New 10' x 15' Duke Energy EasementState Street Park 3-29s-15eS-T-R:WDMap Gen By:N.T.S.Scale: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8733 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid No. 11-21, Vehicle Upfitting Services, to Enforcement One, Inc. of Oldsmar, FL, in an annual not-to-exceed amount of $250,000.00 for a period of one year, to include two one-year renewal terms at the City's option, and authorize the appropriate officials to execute same. (consent) SUMMARY: Procurement issued Invitation to Bid (ITB) No. 11-21 in November 2020 for Vehicle Upfitting Services. Upfit services consist of fabrication and/or installation of various equipment and accessories in City vehicles. These items include, but are not limited to; lighting, consoles, controllers, brackets, outlets, tool holders, pipe racks, pipe tie -down systems, water cooler holders, and vise grips. On December 17, 2020, one responsive responsible bid was received. Upon review, both Procurement and the Fleet Division recommend awarding the bid to Enforcement One. The primary use of this contract is for new vehicle upfits, with the occasional existing fleet vehicles requiring modifications. The contract will be utilized citywide on an as-needed basis by all departments except for the Clearwater Police Department who have a separate upfitting contract with Enforcement One, awarded as a result of ITB No. 47-19. Each department will be responsible to budget the funds necessary for their upfitting annually based on new vehicle purchases authorized each year. APPROPRIATION CODE AND AMOUNT: Departments with authorized vehicle purchases have funds budgeted for upfitting services. Page 1 City of Clearwater Printed on 2/4/2021 December 30, 2020 NOTICE OF INTENT TO AWARD The Fleet Division of the General Services Department and Procurement recommend award of ITB No. 11-21, Vehicle Upfitting Services, to Enforcement One, Inc., the lowest most responsible bidder, in accordance with the bid specifications, in the estimated annual amount of $250,000, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the February 1, 2021, Work Session (9:00 a.m.) and voted on at the February 4, 2021, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst Kelly Rogers at (727) 562-4635, or mailed to City of Clearwater, Attn: Procurement, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst CITY OF CLEARWATER ITB #11-21, VEHICLE UPFITTING SERVICES DUE DATE: DECEMBER 17, 2020; 10:00 AM BID TABULATION SUMMARY A. Public Utilities Ford F-350 B. Public Utilities Ford F-450 C. Public Utilities Ford Transit Vans D. Public Utilities Ford Ranger Trucks E. Public Utilities Ford Explorer F. Clearwater Gas System Ford F-150/F-250 Trucks G. Clearwater Gas System Ford F-350/F-450 Trucks H. Clearwater Gas Distribution F-450 Trucks I. Clearwater Gas Propane F-550 Trucks J. Parks & Recreation Ford F-350 Trucks K. Parks & Recreation Ford F-150 Trucks L. Parks & Recreation Big Tex Trailer M. Parks & Recreation Polaris Ranger N. Building & Maintenance Ford Transit Vans O. Traffic Engineering Ford Transit Vans P. Traffic Engineering Ford F-350 Trucks Q. Stormwater Ford F150 Trucks Enforcement One 3,018.75$ 10,688.48$ 7,016.51$ 3,406.70$ 6,223.80$ 4,057.22$ 1,653.13$ 10,069.88$ 10,356.94$ 17,515.44$ 7,115.41$ 5,651.93$ 680.20$ 1,746.80$ 5,288.40$ 5,223.03$ 2,972.60$ CITY OF CLEARWATER ITB #11-21, VEHICLE UPFITTING SERVICES DUE DATE: DECEMBER 17, 2020; 10:00 AM BID TABULATION NOTE: Highlighted Cell indicates a calculation correction. Description Qty.Qty. Price Line Total Whelen Justice FDOT lightbar, fifty-six (56) inches 1 998.00$ $998.00 Whelen switch box, six (6) 25 amp SPST switches, lighted (replaces PCC6R)1 103.36$ $103.36 Pull handles 1 69.30$ $69.30 Cargo securing straps 1 37.40$ $37.40 Cargo securing track 1 18.02$ $18.02 Cable step, nine (9) inches 2 91.12$ $182.24 Federal Signal reverse camera 1 447.08$ $447.08 North Star ATV Broad Cast Sprayer 1 208.98$ $208.98 Whelen Micro Pioneer LP Pedestal MT – Black – 12VDC 4 367.69$ $1,470.76 Whelen Dual SL Pioneer Bail MT – 12VDC 1 509.54$ $509.54 Whelen ION Light Head, split amber/white with black housing 4 80.19$ $320.76 Whelen Fluorent Plus LED compartment lights, sixty-three (63) inches non-frosted 4 237.01$ $948.04 Whelen Micron surface mount LED, black flange, split amber/white 6 69.00$ $414.00 QTM custom pipe rack with two (2) ratchet straps mounted on passenger side, eleven (11) inches long by twelve (12) feet high 1 2,156.00$ $2,156.00 QTM tube tool holder rack – twelve (12) positions 1 792.00$ $792.00 QTM five (5) gallon water cooler holder 1 231.00$ $231.00 QTM safety cone holder 1 220.00$ $220.00 QTM pipe vise mounted on rear bumper, includes RIGID vise 1 759.00$ $759.00 QTM PVC storage tube, six (6) inches in diameter by five (5) feet in length 1 264.00$ $264.00 QTM PVC storage tube, six (6) inches in diameter by six (6) feet in length 1 275.00$ $275.00 QTM three (3) pronged mount plate 1 132.00$ $132.00 QTM L iron trash can mount 1 132.00$ $132.00 $10,688.48 Description Qty.Qty. Price Line Total Whelen Justice FDOT lightbar fifty-six (56) inches T/A 1 998.00$ $998.00 Whelen six (6) switch box, five (5) on/off, one (1) momentary, *wire installation switch to control patterns, switches 1-5 for light bar, hideaways, spotlights, *not using upfitter switches on truck 1 103.36$ $103.36 Miller DC receptacle - red 2 16.33$ $32.66 Miller DC receptacle - black 2 16.33$ $32.66 Unity six (6) inch round chrome deck light 3 183.99$ $551.97 Galvanized E-Track rail, five (5) inches by five (5) feet 1 18.02$ $18.02 E-Track ratchet tie-down two (2) inches by twenty (20) feet 1 37.84$ $37.84 Whelen Fluorent Plus LED compartment light, sixty-three (63) inches non-frosted 2 237.01$ $474.02 North Star ATV Broad Cast Sprayer 1 208.98$ $208.98 UWF forty-eight (48) inches long by twenty-four (24) inches wide by twenty (20) inches high, thirteen point three (13.3) cubic feet, chest style deep toolbox 1 140.00$ $140.00 Three (3) inch round nerf bars - powder coated black (pair)1 140.00$ $140.00 Ten (10) hole tube tool holder 1 660.00$ $660.00 QTM Safety cone holder 1 192.50$ $192.50 QTM Pipe rack with tie down straps 1 2,156.00$ $2,156.00 Enforcement One A. Public Utilities Ford F-350 service trucks to be upfitted as follows: Total Cost for Group A: B. Public Utilities Ford F-450 service trucks to be upfitted as follows: QTM Six (6) inch PVC tube with cap, lid and mounting hardware 1 302.50$ $302.50 QTM Pipe vise mount with RIGID pipe vise 1 704.00$ $704.00 QTM Three (3) pronged steel plate 1 132.00$ $132.00 QTM two (2) inch L iron with three (3) inch steel plate 1 132.00$ $132.00 $7,016.51 Description Qty. Qty. Price Line Total Adrian Steel 4318TH148 HVAC package (shelving package)1 3,104.20$ $3,104.20 Roof mounted 6" PVC Pipe with end caps, 80" in total length. Front, forward facing cap fixed, back cap removable/accessible. Mounted on the drivers side of the vehicle. (This is for an Industrial Pretreatment specific application.)1 $ 302.50 $302.50 $3,406.70 Description Qty.Qty. Price Line Total Ranger Design 3020-FTM contoured partition with safety glass 1 910.80$ $910.80 Ranger Design F316 service package 1 2,325.40$ $2,325.40 Remove - Ranger Design 7120 locker with top shelf 1 -$ $0.00 Ranger Design 5020 tool drawers mounted on front driver side 2 718.30$ $1,436.60 Ranger Design 5010 part slider drawers mounted on front driver side on top of 5020 2 341.00$ $682.00 Ranger Design 6063 paper holder mounted on front driver side 1 160.60$ $160.60 Ranger Design 1510-FTR3 aluminum ladder rack 1 708.40$ $708.40 $6,223.80 Description Qty.Qty. Price Line Total Whelen Justice FDOT lightbar fifty-six (56) inches T/A 1 998.00$ $998.00 Whelen ION T-Series Linear Super-LED Amber/Clear 10 80.19$ $801.90 Thor 1000w Modified Sine Wave Inverterr include TH001 remote, 10' 1/0 cable, 200a fuse and holder and isolator 1 209.10$ $209.10 Whelen Bracket for Thin ION 2 8.58$ $17.16 Pioneer Nano NP Series 6-LED with Bail Mount (white)4 154.44$ $617.76 Heavy duty cone holder 1/2" thick alum base plate 1 330.00$ $330.00 E/Z Vault UP 45"w x 24"d x 8" H with 4" SUV Vault Basket 1 1,083.30$ $1,083.30 $4,057.22 Description Qty.Qty. Price Line Total Whelen Justice FDOT LED lightbar, fifty-six (56) inches, to include twelve (12) JDCA modules, JTACNTL Traffic Advisor with TACTLD1 controller 1 998.00$ $998.00 Whelen mounting kit 1 -$ $0.00 UWS sixty-nine (69) inch deep crossover tool box 1 249.42$ $249.42 UWS aluminum truck tool box – standard tool box 1 265.71$ $265.71 Aries three (3) inch round side bars, black finish (pair)1 140.00$ $140.00 $1,653.13 Description Qty.Qty. Price Line Total Whelen Justice FDOT LED lightbar, fifty-six (56) inches, to include twelve (12) JDCA modules, JTACNTL Traffic Advisor with TACTLD1 controller, Lightbar Wizard 1 998.00$ $998.00 Whelen mounting kit 1 -$ $0.00 GoLight spotlight, permanent mount, white, wireless remote control 1 204.60$ $204.60 Aries three (3) inch round side bars, black finish (pair)1 $ 140.00 $140.00 Topsider - K&W ninety-six (96) inches by twenty (20) inches Topsider-Up Swing/DL 1 1,072.50$ $1,072.50 Aluminum pipe rack with four (4) rack straps, two (2) inch by two (2) inch by one-quarter (1/4) inch wall tube 1 2,310.00$ $2,310.00 Seven (7) position aluminum tube holder 1 462.00$ $462.00 Total Cost for Group B: C. Public Utilities Ford Transit vans to be upfitted as follows: D. Public Utilities Ford Ranger trucks to be upfitted as follows: *Error on Excel spreadsheet Total Cost for Group C: *Error on Excel spreadsheet Total Cost for Group D: E. Public Utilities Ford Explorer to be upfitted as follows: Total Cost for Group E: F. Clearwater Gas System Ford F-150/F-250 trucks with eight (8) foot beds to be upfitted as follows: Total Cost for Group F: G. Clearwater Gas System Ford F-350/F-450 trucks with eleven (11) foot beds to be upfitted as follows: Aluminum water cooler support 1 231.00$ $231.00 Vise holder with RIGID brand vise 1 759.00$ $759.00 Aluminum pipe rest 1 165.00$ $165.00 PVC tube with aluminum cap and door, six (6) inch diameter by ten (10) feet long 1 302.50$ $302.50 Steel step-up trailer hitch 1 126.50$ $126.50 Ladder racks 6 484.00$ $2,904.00 Cargo-securing horizontal track, five (5) feet long, galvanized steel 1 18.20$ $18.20 Cargo-securing straps, ratchet tightening, two (2) inches wide by twenty (20) feet long, one- thousand (1,000) pound load limit, yellow 4 37.84$ $151.36 Pull handle with unthreaded through holes, cast type 316 stainless steel, rectangular grip, polished, six and seven-eighths (6-7/8) inches center to center. To be left in tool bin for City driver 1 66.22$ $66.22 Window tinting, to include standard window strip on front windshield 1 159.00$ $159.00 $10,069.88 Description Qty.Qty. Price Line Total Whelen Justice FDOT LED lightbar, fifty-six (56) inches, to include twelve (12) JDCA modules, JTACNTL Traffic Advisor with TACTLD1 controller, Lightbar Wizard 1 998.00$ $998.00 Whelen mounting kit 1 -$ $0.00 Whelen switch box 6 25amp SPST switches, lighted 1 103.36$ $103.36 Whelen pioneer micro low profile pedestal/swivel mpount, black houseing w/ chrome cover and on/off switch. one in rear, one in front 1 367.69$ $367.69 Aries three inch round side bars, cab step 1 140.00$ $140.00 GoLight spotlight, permanent mount, white, wireless remote control 1 204.60$ $204.60 QTM Generator mount, locking 1 451.00$ $451.00 QTM PE restraint 1 242.00$ $242.00 QTM 4 position bottle holder 1 220.00$ $220.00 QTM Traffic cone holder, hinged 1 330.00$ $330.00 QTM Aluminum pipe rack w/spotlight mount and 3 rack straps with additional upper side rails full length.1 2,959.00$ $2,959.00 QTM Tube tool holder rack- 14 position 1 924.00$ $924.00 QTM 5 gallon water cooler holder 1 231.00$ $231.00 QTM Pipe vise mounted on rear bumper, includes Ridgid pipe vise 1 759.00$ $759.00 QTM Aluminum pipe rest 1 165.00$ $165.00 North Star ATV Broad Cast Sprayer tank w/ mounting plate 1 241.99$ $241.99 Topsider - K&W ninety-six (96) inches by twenty (20) inches Topsider-Up Swing/DL 1 1,072.50$ $1,072.50 Custom 48" upswing tool box mounted on driver side 1 738.80$ $738.80 Window tinting, to include standard window strip on front windshield 1 159.00$ $159.00 Wires, loom, connectors, to include bolts, nuts and washers 1 50.00$ $50.00 $10,356.94 Description Qty.Qty. Price Line Total Whelen Justice FDOT LED lightbar, fifty-six (56) inches, to include twelve (12) JDCA modules, JTACNTL Traffic Advisor with TACTLD1 controller, Lightbar Wizard 1 998.00$ $998.00 Whelen mounting kit 1 -$ $0.00 Whelen switch box 6 25amp SPST switches, lighted 1 103.36$ $103.36 Whelen pioneer micro low profile pedestal/swivel mpount, black houseing w/ chrome cover and on/off switch. 1 367.69$ $367.69 Dull 304 stanless steel, 8" center to center width 1 27.17$ $27.17 Horizontal track, gray powder coated 10ft long 1 37.27$ $37.27 Vertical track, gray poder coated, 5ft long 1 18.02$ $18.02 QTM Steel tread plate deck welded in place3/16 thick black 1 1,892.00$ $1,892.00 QTM Driver side dolly mount for green tank cart 1 687.50$ $687.50 QTM Headache rack with bin 1 2,381.50$ $2,381.50 Total Cost for Group H: *Error on Excel spreadsheet Total Cost for Group G: H. Clearwater Gas Distribution F-450 trucks with 11 foot bed, no lift gate, to be upfitted as follows: I. Clearwater Gas Propane F-550 truck with custom bed and lift gate to be upfitted as follows: QTM Passenger Generator guard 1 352.00$ $352.00 QTM passenger side Generator mount, locking (steel)1 451.00$ $451.00 QTM Tube tool holder rack- 12 position 1 792.00$ $792.00 QTM 5 gallon water cooler holder- 2" space tube 1 275.00$ $275.00 QTM Ridgid BC410 Pipe vise with two hitch reciever mounts Fwd Side 1 764.50$ $764.50 QTM 6" pipe PVC storage tube with cap and door 10ft long 1 302.50$ $302.50 QTM PVC tube mounts and end section 1 605.00$ $605.00 QTM Four position 8" PVC Pipe storage tubes 30" long 1 742.50$ $742.50 QTM four position spray bottle holder stainless 1 220.00$ $220.00 QTM tray approx 30" x 48" x 3" deep with dividers 1 440.00$ $440.00 QTM blank sign panels 10 11/16 square 20 ga 1 16.50$ $16.50 Custom tool box special order- driver side 1112x32x17 1 2,431.00$ $2,431.00 Custom tool box special order- passenger side 98x32x17 1 2,321.00$ $2,321.00 Westin automotive brute 80-UB36-20TD pro series contractor under body 36" x 20" polished aluminum tool box with top drawer 1 426.15$ $426.15 Westin automotive Brute 80-UB60-20TD pro series contractor under body 60" x 20" poloished aluminum tool box with top drawer 1 654.78$ $654.78 Window tinting, to include standard window strip on front windshield 1 159.00$ $159.00 Wires, loom, connectors, to include bolts, nuts and washers 1 50.00$ $50.00 $17,515.44 Description Qty.Qty. Price Line Total Whelen Justice FDOT LED lightbar, fifty-six (56) inches, to include twelve (12) JDCA modules, JTACNTL Traffic Advisor with TACTLD1 controller, Lightbar Wizard 1 998.00$ $998.00 Whelen Micron surface-mount LED, black flange, split amber/white 2 79.00$ $158.00 Whelen strobe light sets, one (1)set front and one (1) set rear, near truck hazard lights 1 216.83$ $216.83 Whelen Pioneer SlimLine Series single panel, low-profile pedestal/swivel-mount, white housing 6 377.52$ $2,265.12 Whelen switch box, six (6) 25 amp SPST switches, lighted (replaces PCC6R)1 103.36$ $103.36 Power inverter (to power tools, lights, etc…)1 209.10$ $209.10 Dump switch extension (to raise and lower truck bed from within cabin)1 250.00$ $250.00 Pipe rack, ten (10) feet long with tie down straps 1 2,156.00$ $2,156.00 Eight (8) hole tube tool holder, for shovels and rakes 1 528.00$ $528.00 Aluminum water cooler support 1 231.00$ $231.00 $7,115.41 Description Qty.Qty. Price Line Total Whelen Justice FDOT LED lightbar, fifty-six (56) inches, to include twelve (12) JDCA modules, JTACNTL Traffic Advisor with TACTLD1 controller, Lightbar Wizard 1 998.00$ $998.00 GoLight spotlight, permanent mount, white, wireless remote control 1 204.60$ $204.60 Whelen strobe light sets, one (1)set front and one (1) set rear, near truck hazard lights 1 216.83$ $216.83 Whelen Pioneer SlimLine SuperLED worklight, dual, twelve (12) VDC, black, with bail bracket 2 377.52$ $755.04 Whelen switch box, six (6) 25 amp SPST switches, lighted (replaces PCC6R)1 103.36$ $103.36 Power inverter (to power tools, lights, etc…)1 209.10$ $209.10 Dump switch extension (to raise and lower truck bed from within cabin)1 250.00$ $250.00 Pipe rack, ten (10) feet long with tie down straps 1 2,156.00$ $2,156.00 Eight (8) hole tube tool holder, for shovels and rakes 1 528.00$ $528.00 Aluminum water cooler support 1 $ 231.00 $231.00 $5,651.93 Total Cost for Group I: J. Parks & Recreation Ford F-350 trucks to be upfitted as follows: Total Cost for Group J: K. Parks & Recreation Ford F-150 trucks to be upfitted as follows: Total Cost for Group K: Description Qty.Qty. Price Line Total Toolbox with Rake Holders and Hinged Locking Door 1 2,760.00$ $2,760.00 Platform Storage Tray for Front of Trailer 1 258.75$ $258.75 $3,018.75 Description Qty.Qty. Price Line Total Whelen waterproof 100 watt remote sired amplifier 1 274.20$ 274.20$ Full Function Control Head with waterproof switches and mircrophone jack, 20' cable, bail mount (marine)1 327.00$ 327.00$ Whelen mircrophone for HD WS321 Siren 1 79.00$ 79.00$ 680.20$ Description Qty.Qty. Price Line Total Ranger 20" x 62" x 96" Shelving 1 1,746.80$ 1,746.80$ Ranger 20" x 36" x 62" Shelving 1 -$ -$ Ranger Double Sided Max Rack Aluminum 2 Bar 1 -$ -$ Straight Van Partition with Perforated Window no Access 1 -$ -$ Ranger Parts Keeper w/ 8 Carry Cases and 2 Shelves 1 -$ -$ Ranger 8" Swivel hook painted yellow 4" opening 1 -$ -$ Ranger Workbench for Vans w/Hardwood Top 18x48x40 1 -$ -$ 1,746.80$ Description Qty.Qty. Price Line Total Whelen Justice DOT LED 56" inc 12 JDCA modules/JTACNTL Traffic Advisor w/TACTDLD1 controller 1 $ 998.00 998.00$ Whelen Dominator Mountin Bracket 'L' for D2 and D4 1 $ 12.83 12.83$ 8 Lamp TIR3 Super LED Traffic Advisor 30.36" long Less Control Head requires eight D*1 $ 372.61 372.61$ Whelen Thin ION amber/white split 6 $ 80.19 481.14$ Split Color with Clear Outer Lens , Side-by-Side, Amber/White Only. Internal Flasher with Flash Patterns and Synchronize Feature 2 $ 135.91 271.82$ Ranger Design Aluminum Shelving Unit 3 $ 827.00 2,481.00$ QTM Rear Window Guard, Custom Fabrication from Aluminum 1 $ 671.00 671.00$ 5,288.40$ Description Qty.Qty. Price Line Total Whelen Justice FDOT lightbar, fifty-six (56) inches 1 998.00$ 998.00$ QTM custom pipe rack with one (1) rack strap on each side 1 2,980.00$ 2,980.00$ Whelen Pioneer Micro Low Profile pedestal/swival mount, Black Housing with Chrome cover and on/off switch 2 367.69$ 735.38$ Whelen Pioneer Slimline Dual Panel, Bail/Stud Mount, White Housing 1 509.65$ 509.65$ 5,223.03$ Description Qty.Qty. Price Line Total Whelen Justice DOT LED 56" inc 12 JDCA modules/JTACNTL Traffic Advisor w/TACTDLD1 controller 1 $ 998.00 998.00$ DECKED-DF4 System Locks, Dividers (set of 4) Tracks 1 $ 1,099.00 1,099.00$ Headache Rack/Rear Window Guard with Go Light Mount 1 $ 671.00 671.00$ GoLight Stryker Spotlight (permanent mount, white with wireless remote 1 $ 204.60 204.60$ 2,972.60$ O. Traffic Engineering Ford Transit Van to be upfitted as follows: L. Parks & Recreation Big Tex Trailer Total Cost for Group L: M. Parks & Recreation Polaris Ranger Total Cost for Group M: N. Building & Maintenance Ford Transit vans to be upfitted as follows: Total Cost for Group N: Total Cost for Group O: P. Traffic Engineering Ford F-350 Truck to be upfitted as follows: Q. Stormwater Ford F150 Truck to be upfitted as follows: Total Cost for Group P: Total Cost for Group Q: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8642 Agenda Date: 2/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Appoint Frank Persechino to the Nuisance Abatement Board to fill the remainder of an unexpired term through August 31, 2023. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Nuisance Abatement Board TERM: 4 years FINANCIAL DISCLOSURE: Yes APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 APPTS. NEEDED: 1 Purpose: The Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Greg A. Brown - 1424 Barry St., 33756 - Production/Tour Mgr. Original appointment: 7/18/19 (was serving 1st term until 8/31/23) Resigned: 12/11/20 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Jacqueline A. Sandefur - 830 S. Gulfview Blvd., Unit 201, 33767 - HR Manager 2. Frank Persechino - 628 Cleveland St., Apt. 1502, 33755 - Medical Research Business Owner Zip codes of current members: 1 at 33755 Page 1 City of Clearwater Printed on 2/4/2021 File Number: ID#20-8642 4 at 33756 1 at 33759 Current Categories: Analyst Attorney Clinical Social Worker Human Resources Mgr. Restaurant Owner Self-Employed/Dyvine Appointments LLC At the February 1, 2021 work session, there was council consensus to appoint Mr. Persechino. Staff was directed to place the item on the Consent Agenda. Page 2 City of Clearwater Printed on 2/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2020-10002 Agenda Date: 2/4/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential Suburban (RS) category to the Residential Urban (RU) category for 2250 Nursery Road and pass Ordinance 9427-21 on first reading. (LUP2020-10002) SUMMARY: This Future Land Use Map amendment involves a 0.875-acre property on the north side of Nursery Road approximately 645 feet east of Belcher Road. The parcel is currently owned by Larry L. and Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005. The applicant is requesting to amend the future land use designation from Residential Suburban (RS) to Residential Urban (RU). The applicant has submitted a Zoning Atlas amendment, which is being processed concurrently with this case (see REZ2020-10002). The property is currently a residential use and includes two buildings which were annexed into the City in 1999 as two residential units. Although the applicant has indicated that three attached dwelling units and one detached dwelling unit are located on the site, staff has reviewed building permit records and determined that only two of the units were permitted. The current future land use designation of Residential Suburban (RS) allows for a maximum density of 2.5 dwelling units per acre. The proposed Residential Urban (RU) category primarily allows urban low density residential and residential equivalent uses at a maximum density of 7.5 dwelling units per acre. There would be an increase in development potential of four units, from two units to six, under this proposed amendment. The requested amendment would allow the property to become conforming in terms of density and could allow the property owner to request redevelopment as attached dwellings in the future through the Residential Infill Project use. There has been no site development application submitted at this time. The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. Page 1 City of Clearwater Printed on 2/4/2021 File Number: LUP2020-10002 ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. The underlying Countywide Plan Map category of Residential Low Medium (RLM) on the proposed amendment area is consistent with the proposed City of Clearwater future land use designation of Residential Urban (RU); therefore, no amendment is required to the Countywide Plan Map. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its December 15, 2020 public hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/4/2021 Ordinance No. 9427-21 ORDINANCE NO. 9427-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NURSERY ROAD APPOXIMATELY 645 FEET EAST OF BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2250 NURSERY ROAD, CLEARWATER, FL 33764 FROM RESIDENTIAL SUBURBAN (RS), TO RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is changed by designating the land use category for the hereinafter described property as follows: Property Land Use Category See attached Exhibit A for Legal Description;From: Residential Suburban (RS) (LUP2020-10002) To: Residential Urban (RU) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon and subject to the approval of the land use change by the Pinellas County Board of Commissioners, where applicable, and thirty- one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9427-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS LUP2020-10002 & REZ2020-10002 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 22-29-16-70272-300-1100 Lot 11 2250 Nursery Rd. A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA, ALSO BEING A PORTION OF LOT 11, OF PINELLAS GROVES, INC. AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 19 AND RUN S.89°09’04”E., ALONG THE CENTERLINE OF NURSERY ROAD, A DISTANCE OF 606.39 FEET TO A POINT; LEAVING SAID CENTERLINE, RUN N.00°11’32”E., A DISTANCE OF 33 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID NURSERY ROAD FOR THE POINT OF BEGINNING: LEAVING SAID RIGHT-OF-WAY LINE, RUN N00°11’32”E., A DISTANCE OF 231.00 FEET TO A POINT; THENCE RUN S.89°09’04”E, A DISTANCE OF 165.00 FEET TO A POINT; THENCE RUN S.00°11’32”W., A DISTANCE OF 231.00 FEET TO A POINT INTERSECTING THE AFOREMENTIONED RIGHT-OF-WAY LINE; THENCE RUN N.89°09’04”W., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.875 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Exhibit B Proposed Future Land Use Map Owner(s): Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 Case: LUP2020-10002 REZ2020-10002 Site: 2250 Nursery Road Property Size(Acres): 0.875 Land Use Zoning PIN: 19-29-16-70272-300-1100 From: Residential Suburban (RS) Low Density Residential (LDR) To: Residential Urban (RU) Medium Density Residential (MDR) Atlas Page: 317A 1862409045 55030 70272 62124 06219 7 3 1 2 4 6 1 9 10 11 9 10 11 1 33/03 33/08 33/081 33/02 33/15 1 1 RS RM RH RS RSCG R/OG CG CG R/O/R NURSERY RD S BELCHER RD MAPLE FOREST RD EXECUTIVE PLACE DR COUNTRY OAKS LN 1459 22311493 22291 4 7 4 224122351480 1475 1477 1453 1443 1487 1463 1492 1441 1449 1451 1469 1505 1456 1499 22301441 22251478 22451545 1470 1467A 1486 1471 2233148 225022601475A 1467B -Not to Scale--Not a Survey-Rev. 10/9/2020 LUP2020-10002; REZ2020-10002 Larry L. and Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 2250 Nursery Road View looking north at the subject property, 2250 Nursery Road Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Nursery Road View looking westerly along Nursery Road PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 15, 2020 AGENDA ITEM: F.3. CASE: LUP2020-10002 REQUEST: To amend the Future Land Use Map designation from Residential Suburban (RS) to Residential Urban (RU) GENERAL DATA: Owner.............................. Applicant......................... Agent/Representative...... Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 Housh Ghovaee, Northside Engineering, Inc. Location .......................... 2250 Nursery Road, approximately 645 feet east of Belcher Road Property Size ................... 0.875 acres Background: This case involves a 0.875-acre property located on the north side of Nursery Road approximately 645 feet east of Belcher Road. The request is to change the Future Land Use Map designation of the property from Residential Suburban (RS) to Residential Urban (RU). A request to rezone the property from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District is being processed concurrently with this case (see REZ2020-10002). The original house was constructed in Pinellas County in 1961. In 1986, a detached garage was added (the northern building), which according to county records was later converted in 1998 to a single family residence. In 1999, the owners requested annexation for the two units into the City in order to receive city water and sewer service (case A99-10). The applicant has indicated there are four units currently on the property; however, there is no record of permits establishing the two additional units. Additionally, the applicant has indicated they would like to redevelop the site with up to six attached dwellings (townhouses) which would require map amendments. However, no site plan application has been received at this time. Currently, the property’s future land use map designation is Residential Suburban (RS). The requested amendments would allow the property to become conforming in terms of density and could allow the site to request redevelopment as attached dwellings in the future through the Residential Infill Project use. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 3 shows the existing surrounding uses. Map 1 Map 2 To the west is multi-family residential, and to the south across Nursery Road are multi-family residential and a small retail plaza. North of the subject property are large-lot single family residences, and to the east is a stormwater pond owned by Pinellas County, all of which are within Pinellas County jurisdiction. Map 3 Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential High (RH) to the west and Residential Suburban (RS) to the north and east. Residential Medium (RM) and Commercial General (CG) are located across Nursery Road to the south. A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Map 4 Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential Suburban (RS) Requested FLUM Designation Residential Urban (RU) Primary Uses: Low Density Residential Urban Low Density Residential; Residential Equivalent Maximum Density: 2.5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.30; ISR 0.60 FAR 0.40; ISR 0.65 Consistent Zoning Districts: Low Density Residential (LDR) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through the application of the Clearwater Community Development Code. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single and multi-family residential uses as well as the small retail plaza. The applicant has indicated the desire to develop the property with attached dwellings; however, no site plan application has been submitted at this time. The Residential Urban (RU) designation allows for more intense development than the current Residential Suburban (RS) designation but would allow for the site to become conforming in terms of density. Overall, the density allowed will be greater than permitted by the current land use designation as well as the surrounding Residential Suburban (RS) land use categories to the north and east, but will still be less than the adjacent Residential High (RH) land use designation to the west and the Residential Medium (RM) land use designation to the south across Nursery Road. The proposed future land use designation change would allow for four additional units on the parcel than what is permitted by the current future land use designation. Since the property is located contiguous to parcels zoned low density residential, attached dwellings are not permitted and such a proposed use would need to be reviewed as a Residential Infill Project use pursuant to Section 2.303.A.2 of the Community Development Code. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Residential Low Medium (RLM), which is consistent with the proposed City of Clearwater future land use designation of Residential Urban (RU). No amendment would be required to the Countywide Plan Map. Section 2.3.3.3 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed use, as indicated by the applicant, will be additional residential units, which is an appropriate use within the area and consistent with the existing and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the existing category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses primarily consist of multi-family residential to the west and to the south. Single family residential exists to the north and farther to the east. Additionally, there is a small retail plaza to the south. The proposed use of the subject property of residential is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Residential Urban (RU) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RS” Requested FLUM Designation “RU” Net Change Site Area 0.875 AC (38,115 SF) 0.875 AC (38,115 SF) Maximum Development Potential 2 DUs / 0 Beds1 0 SF2 0.30 FAR 6 DUs / 18 Beds3 0 SF2 0.40 FAR +4 DUs / +18 Beds 0 SF +0.10 FAR Notes: 1. Residential equivalent uses are not permitted through the consistent Low Density Residential (LDR) District. 2. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Low Density Residential (LDR) District and requested Medium Density Residential (MDR) District; therefore, the square footage development potential is zero. 3. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District at 3 beds per unit per acre. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling UnitsAC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential of four units. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with six attached dwellings to the maximum development potential of the existing Residential Suburban (RS) future land use category developed with a residential use (two dwelling units). Since the existing residential development (four dwelling units) exceeds the current density, a second analysis is provided that compares the existing usage to the maximum potential usage under the proposed future land use category (six units). Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 1,152 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (1,728 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designation (576 gallons per day). When comparing the potable water utilization of the proposed number of dwelling units (6 units; 1,728 gallons per day) to the utilization of the existing residential development (4 units; 1,152 gallons per day) it shows that the proposed change could result in approximately 576 gallons per day, even less of an increase in demand for potable water. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City’s current potable water demand is 10.53 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 73 gallons per day per capita (2019 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 1,036.8 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (1,555.2 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designation (518.4 gallons per day). When comparing the wastewater utilization of the proposed number of dwelling units (6 units; 1,555.2 gallons per day) to the utilization of the existing residential development (4 units; 1,036.8 gallons per day) it shows that the proposed change could result in approximately 518.4 gallons per day, even less of an increase in demand for wastewater. The subject property is served by the East Water Reclamation Facility, which presently has excess permitted capacity estimated to be 3.01 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 10.1 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (15.2 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum number of units permitted by the current land use designation (5.1 tons per year). When comparing the solid waste generated from the proposed number of dwelling units (15.2 tons per year) to the solid waste generated by the existing residential use (10.1 tons per year) it shows that the proposed change could result in approximately 5.1 tons per year, even less of an increase of solid waste generated. Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.98 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.98 acres of parkland per 1,000 would Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the north side of Nursery Road approximately 645 feet east of Belcher Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. Since the Countywide Plan map category of Residential Low Medium (RLM) is not changing, the traffic generation rate of 67 trips per day per acre or 59 trips for the subject property remains the same for the proposed amendment. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of residential units would increase the demand on several public facilities when compared to the existing residential development; however, it is determined that the proposed change will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential Suburban (RS) to Residential Urban (RU). Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9427-21 Resume Photographs of Site and Vicinity Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2020-10002 Agenda Date: 2/4/2021 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas amendment from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District for 2250 Nursery Road and pass Ordinance 9428-21 on first reading. (REZ2020-10002) SUMMARY: This Zoning Atlas amendment involves a 0.875-acre property on the north side of Nursery Road approximately 645 feet east of Belcher Road. The parcel is currently owned by Larry L. and Gladys Hilkert, as trustees under the trust dated the 30th day of August, 2005. The applicant is requesting to rezone the property from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District. The applicant has submitted a Future Land Use Map amendment, which is being processed concurrently with this case (see LUP2020-10002). The property is currently a residential use and includes two buildings which were annexed into the City in 1999 as two residential units. Although the applicant has indicated that three attached dwelling units and one detached dwelling unit are located on the site, staff has reviewed building permit records and determined that only two of the units were permitted. The proposed Medium Density Residential (MDR) District is compatible with the surrounding zoning districts and single family and multi-family uses that exist in the vicinity of the subject property. The requested amendment could allow the property owner to request redevelopment as attached dwellings in the future through the Residential Infill Project use. There has been no site development application submitted at this time. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property properties and character of the neighborhood. ·The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. ·The proposed amendment will not adversely or unreasonably affect the use of other Page 1 City of Clearwater Printed on 2/4/2021 File Number: REZ2020-10002 property in the area. ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and ·The proposed Medium Density Residential (MDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its December 15, 2020 public hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/4/2021 Ordinance No. 9428-21 ORDINANCE NO. 9428-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NURSERY ROAD APPROXIMATELY 645 FEET EAST OF BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2250 NURSERY ROAD, CLEARWATER, FL 33764, FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Zoning District See attached Exhibit A for Legal Description; From: Low Density Residential (LDR) (REZ2020-10002) To: Medium Density Residential (MDR) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 9427-21 by the Pinellas County Board of County Commissioners. Ordinance No. 9428-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS LUP2020-10002 & REZ2020-10002 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 22-29-16-70272-300-1100 Lot 11 2250 Nursery Rd. A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA, ALSO BEING A PORTION OF LOT 11, OF PINELLAS GROVES, INC. AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 19 AND RUN S.89°09’04”E., ALONG THE CENTERLINE OF NURSERY ROAD, A DISTANCE OF 606.39 FEET TO A POINT; LEAVING SAID CENTERLINE, RUN N.00°11’32”E., A DISTANCE OF 33 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID NURSERY ROAD FOR THE POINT OF BEGINNING: LEAVING SAID RIGHT-OF-WAY LINE, RUN N00°11’32”E., A DISTANCE OF 231.00 FEET TO A POINT; THENCE RUN S.89°09’04”E, A DISTANCE OF 165.00 FEET TO A POINT; THENCE RUN S.00°11’32”W., A DISTANCE OF 231.00 FEET TO A POINT INTERSECTING THE AFOREMENTIONED RIGHT-OF-WAY LINE; THENCE RUN N.89°09’04”W., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.875 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Exhibit B Proposed Zoning Map Owner(s): Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 Case: LUP2020-10002 REZ2020-10002 Site: 2250 Nursery Road Property Size(Acres): 0.875 Land Use Zoning PIN: 19-29-16-70272-300-1100 From: Residential Suburban (RS) Low Density Residential (LDR) To: Residential Urban (RU) Medium Density Residential (MDR) Atlas Page: 317A 1862409045 55030 70272 62124 06219 7 3 1 2 4 6 1 9 10 11 9 10 11 1 33/03 33/08 33/081 33/02 33/15 1 1 C MDR HDR O LDR C LDR MHDRNURSERY RD S BELCHER RD MAPLE FOREST RD EXECUTIVE PLACE DR COUNTRY OAKS LN 1459 22311486 2229147 4 224122351480 1475 1477 1443 22331463 1492 1449 1451 1469 1505 1456 1499 22301441 22251478 22451545 1470 1467A 1493 1471 1453 1487 1441 14 225022601475A 1467B -Not to Scale--Not a Survey-Rev. 10/9/2020 LUP2020-10002; REZ2020-10002 Larry L. and Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 2250 Nursery Road View looking north at the subject property, 2250 Nursery Road Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Nursery Road View looking westerly along Nursery Road PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 15, 2020 AGENDA ITEM: F.4. CASE: REZ2020-10002 REQUEST: To amend the Zoning Atlas designation from Low Density Residential (LDR) District to Medium Density Residential (MDR) District GENERAL DATA: Owner.............................. Applicant......................... Agent/Representative...... Larry L. & Gladys Hilkert, as trustees under the trust dated the 30th day of August, 2005 Larry L. & Gladys Hilkert, as trustees under the trust dated the 30th day of August, 2005 Housh Ghovaee, Northside Engineering, Inc Location .......................... 2250 Nursery Road, approximately 645 feet east of Belcher Road Property Size ................... 0.875 acres Background: This case involves a 0.875-acre property located on the north side of Nursery Road approximately 645 feet east of Belcher Road. The request is to change the Zoning Atlas designation of the property from Low Density Residential (LDR) to Medium Density Residential (MDR). A request to amend the property’s future land use designation from Residential Suburban (RS) to Residential Urban (RU) is being processed concurrently with this case (see LUP2020-10002). The original house was constructed in Pinellas County in 1961. In 1986, a detached garage was added (the northern building), which according to county records was later converted in 1998 to a single family residence. In 1999, the owners requested annexation for the two units into the City in order to receive city water and sewer service (case A99-10). The applicant has indicated there are four units currently on the property; however, there is no record of permits establishing the two additional units. Additionally, the applicant has indicated they would like to redevelop the site with up to six attached dwellings (townhouses) which would require map amendments. However, no site plan application has been received at this time. Currently, the property’s zoning district is Low Density Residential (LDR). The requested amendments would allow the property to become conforming in terms of density and could allow the site to request redevelopment as attached dwellings in the future through the Residential Infill Project use. The Residential Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 2 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Infill Project use would be required due to the subject property being adjacent to low density residential properties. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 3 shows the existing surrounding uses. Map 1 Map 2 To the west there is multi-family residential, and to the south across Nursery Road are multi-family residential and a small retail plaza. North of the subject property are large-lot single family residences, and to the east is a stormwater pond owned by Pinellas County, all of which are within Pinellas County jurisdiction. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 3 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 4, the abutting Zoning Atlas designations are High Density Residential (HDR) to the west, Residential Estate (R-E, Pinellas County) to the north and General Retail Commercial and Limited Services District (C-2, Pinellas County) to the east. Medium Density Residential (MDR) and Commercial (C) are located across Nursery Road to the south. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 4 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 4 R-E C-2 Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 5 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through the application of the Clearwater Community Development Code. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Applicable section of the Community Development Code which supports the proposed amendment: Division 3. Medium Density Residential District, Section 2-301. Intent and Purpose. The intent and purpose of the Medium Density Residential (“MDR”) is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need to revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Medium Density Residential (MDR) District is compatible with the surrounding multi-family neighborhoods to the west and south, and with the single family neighborhood to the north. The applicant has indicated that the property could be redeveloped in the future with attached dwellings, though there has been no site plan submitted at this time. Since the project is located contiguous to parcels zoned low density residential, attached dwellings are not permitted and such a proposed use would need to be reviewed as a Residential Infill Project use per Section 2.303.A.2 of the Community Development Code. In addition, the Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 6 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of largely multi-family residential to the west and to the south. Single family residential exists to the north and farther to the east. Additionally, there is a small retail plaza to the south. The proposed use of the subject property of residential is compatible with the surrounding properties and neighborhood. The proposed Medium Density Residential (MDR) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The proposed amendment could allow the property to request redevelopment as attached dwellings in the future as a Residential Infill Project. The criteria for Residential Infill Projects address that the design of such projects must create a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Residential Infill Projects are permitted as Level Two uses, to ensure that development is compatible with and in character with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Medium Density Residential (MDR) zoning district would allow development that is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 7 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RS” Requested FLUM Designation “RU” Net Change Site Area 0.875 AC (38,115 SF) 0.875 AC (38,115 SF) Maximum Development Potential 2 DUs / 0 Beds1 0 SF2 0.30 FAR 6 DUs / 18 Beds3 0 SF2 0.40 FAR +4 DUs / +18 Beds 0 SF +0.10 FAR Notes: 1. Residential equivalent uses are not permitted through the consistent Low Density Residential (LDR) District. 2. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Low Density Residential (LDR) District and requested Medium Density Residential (MDR) District; therefore, the square footage development potential is zero. 3. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District at 3 beds per unit per acre. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling UnitsAC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential of four units. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with six attached dwellings to the maximum development potential of the existing Residential Suburban (RS) future land use category developed with a residential use (two dwelling units). Since the existing residential development (four dwelling units) exceeds the current density, a second analysis is provided that compares the existing usage to the maximum potential usage under the proposed future land use category (six units). Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 1,152 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (1,728 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designation (576 gallons per day). When comparing the potable water utilization of the proposed number of dwelling units (6 units; 1,728 gallons per day) to the utilization of the existing residential development (4 units; 1,152 gallons per day) it shows that the proposed change could result in approximately 576 gallons per day, even less of an increase in demand for potable water. The City’s current potable water demand is 10.53 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 73 gallons per day per capita (2019 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 8 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 1,036.8 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (1,555.2 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designation (518.4 gallons per day). When comparing the wastewater utilization of the proposed number of dwelling units (6 units; 1,555.2 gallons per day) to the utilization of the existing residential development (4 units; 1,036.8 gallons per day) it shows that the proposed change could result in approximately 518.4 gallons per day, even less of an increase in demand for wastewater. The subject property is served by the East Water Reclamation Facility, which presently has excess permitted capacity estimated to be 3.01 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 10.1 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (15.2 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum number of units permitted by the current land use designation (5.1 tons per year). When comparing the solid waste generated from the proposed number of dwelling units (15.2 tons per year) to the solid waste generated by the existing residential use (10.1 tons per year) it shows that the proposed change could result in approximately 5.1 tons per year, even less of an increase of solid waste generated. Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.98 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.98 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 9 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This zoning atlas amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the north side of Nursery Road approximately 645 feet east of Belcher Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. Since the Countywide Plan map category of Residential Low Medium (RLM) is not changing, the traffic generation rate of 67 trips per day per acre or 59 trips for the subject property remains the same for the proposed amendment. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of residential units would increase the demand on several public facilities when compared to the existing residential development; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Medium Density Residential (MDR) District is consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 10 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city.X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area.X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas amendment from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District. Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9428-21 Resume Photographs of Site and Vicinity Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9425-21 2nd rdg Agenda Date: 2/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9425-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real properties whose post office addresses are 1280 Lakeview Road and 1298 Lakeview Road, all within Clearwater, Florida 33756, from Residential Medium (RM) and Residential Urban (RU) to Residential Low Medium (RLM). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021 Ordinance No. 9425-21 ORDINANCE NO. 9425-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATIONS FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY 950 FEET EAST OF SOUTH MISSOURI AVENUE, ON THE NORTH SIDE OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 1280 LAKEVIEW ROAD AND 1298 LAKEVIEW ROAD, ALL WITHIN CLEARWATER, FLORIDA 33756, FROM RESIDENTIAL MEDIUM (RM) AND RESIDENTIAL URBAN (RU), TO RESIDENTIAL LOW MEDIUM (RLM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit A; From: Residential Medium (RM) and Residential Urban (RU) To: Residential Low Medium (RLM) (LUP2020-10001) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, Ordinance No. 9425-21 then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS LUP2020-10001 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 22-29-15-35532-000-0090 Lot 9 1280 Lakeview Rd. Lot 9, F. E. HANOUSEK’S SUBDIVISON, of the West ½ of the Northeast ¼ and the Southeast ¼ of the Northwest ¼ of Section 22, Township 29 South, Range 15 East, LESS AND EXCEPT the South 100 feet of the East 75 feet thereof, and LESS existing road rights-of-way, including but not limited to those appearing in O.R. Book 229, Page 192, and O.R. Book 1470, Page 619, of the Public Records of Pinellas County, Florida, LESS AND EXCEPT the North 15 feet of the South 115 feet of the East 75 feet of Lot 9, F.E. HANOUSEK’S SUBDIVISON, according to the plat thereof recorded in Plat Book 1, Page 41, of the Public Records of Pinellas County, Florida, LESS the East 25 feet thereof for road right-of-way. No. Parcel ID Lot No., Block No. Address 2. 22-29-15-35532-000-0091 Lot 9 1298 Lakeview Rd. The South 100.00 feet of the East 75.00 feet of Lot 9, F.E. HANOUSEK’S SUBDIVISON, according to map or plat thereof as recorded in Plat Book 1, Page 41, Public Records of Pinellas County, Florida, more particularly described as follows: Begin at the Southeast corner of the Northwest ¼ of the Northwest ¼ of Section 22, Township 29 South, Range 15 East, and run thence North 00°02’37” West, 20.00 feet for a POINT OF BEGINNING, thence continue North 00°02’37” West, 100.00 feet, thence North 89°09’01” West 75.00 feet, thence South 00°02’37” East, 100.00 feet, thence South 89°09’01” East, 75.00 feet to the Point of Beginning. LESS the East 15.00 feet for road right-of-way and LESS the South 10.00 feet for road right-of-way. Exhibit B 94128 18 7879808182838485 35532 6292835532 01476 1 3 5 1 1 2 3 4 5 678 17 16 15 14 13 12 11 10 9 1 2 3 4 5 6 7 8 9 18 17 16 15 12 11 10 14 13 1 2 3 4 5 6 89 1 2 3 456 7 8 9 10 12 48 47 46 45 44 43 42 41 40 39 38 37 11 49 50 51 52 53 54 55 56 57 58 96 95 94 93 92 91 90 89 88 87 59 60 97 98 99 100 101 102 103 104 105 106 107 10 11 9 41 42 43 44 45 46 47 48 49 50 15 14 13 12 11 10 9 8 7 2 30 29 28 27 26 31 32 33 34 35 36 37 38 39 40 25 23 22 21 20 19 18 17 16 6 3 4 5 24 1 86 85 7 2 1 1 CG CG RU RU RU RU RH CG RU RU RUR/OGR/OG RU RU RU RUS BETTY LN JEFFORDS ST LAKEVIEW RD S LINCOLN AVEBARRY ST MILTON ST TUSCOLA ST BROWNING ST PINELLAS ST 1301 1210 1230 1220 1312130812791273 12581285 1260 1269 1325132513041319131712111249 1256 1328130913271323132412651285 1325121813231278131313381313125912541329133413291270 132112551304124613061297 127013241309134413301300130513291321133212551283 1331131813241221 1295 13111287 13361108 12541251132412221321125012011345124213311252 127413221231 1251 1335132013181315131013351316131713011333131313201201 1265 1271 13281316125012261286 125112661242 13141239 1328130913381281 132012821306133012381279 13241310123413171279A 1301 1281 130413401271 13141235129813051327131113091224 133413131328125812301275126113171309131212621241 1300129913041293 1289 123113201319125113151267 1287 3291285 12831245 131213251280125312951312131613441305130412331243130513081232 13031346125713101308125813071280 13411291 1227 1237 -Not to Scale--Not a Survey-Rev. 10/16/2020 Proposed Future Land Use Map Owner(s): Cobblestone l CTC, LLC Case: LUP2020-10001 Site: 1280 Lakeview Road & 1298 Lakeview Road Property Size(Acres): 8.908 Land Use Zoning PIN: 22-29-15-35532-000-0090 22-29-15-35532-000-0091 From: Residential Medium (RM)& Residential Urban (RU) Medium Density Residential (MDR) To: Residential Low Medium (RLM) Mobile Home Park (MHP) REZ2020-10001 Atlas Page: 306B LUP2020-10001 Cobblestone I CTC, LLC 1280 Lakeview Road View looking north at subject property, 1280 Lakeview Road West of subject property East of subject property South of subject property, across Lakeview Road View looking easterly along Lakeview Road View looking westerly along Lakeview Road LUP2020-10001 Cobblestone I CTC, LLC 1298 Lakeview Road View looking north at subject property, 1298 Lakeview Road West of subject property East of subject property South of subject property, across Lakeview Road View looking easterly along Lakeview Road View looking westerly along Lakeview Road PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 15, 2020 AGENDA ITEM: F. 1. CASE: LUP2020-10001 REQUEST: To amend the Future Land Use Map designation from Residential Medium (RM) and Residential Urban (RU) to Residential Low Medium (RLM) GENERAL DATA: Owner............................. Applicant........................ Agent/Representative...... Cobblestone I CTC, LLC Jason Hagen, Managing Member Brian J. Aungst, Jr. Esq. Location ......................... 1280 and 1298 Lakeview Road, located on the north side of Lakeview Road approximately 950 feet east of South Missouri Avenue. Parcel No.1 Size ............ Parcel No.2 Size............. Total Property Size........ 8.767 acres 0.141 acres 8.908 acres Background: This case involves two parcels of land located on the north side of Lakeview Road, approximately 950 feet east of South Missouri Avenue. The parcels, owned by Cobblestone I CTC, LLC, are generally bounded by Jeffords Street (north), South Betty Lane (east), Lakeview Road (south), and Adams Avenue (a dead-end street on the west), and total about 9 acres. The mobile home community, located on the larger of the two parcels (see Parcel No. 1 as shown on Map 2, addressed 1280 Lakeview Road), was developed 60 years ago and currently has 113 mobile home units and a clubhouse/office. Cobblestone I CTC, LLC purchased Parcel No. 1 in June 2019, and later purchased Parcel No. 2 (1298 Lakeview Road, as shown on Map 2) in December 2019. This parcel has most recently been used as an administrative office. The owner’s intent is to convert the existing building on Parcel No. 2 to a clubhouse to serve the existing mobile home park, while making other improvements to the development. Currently, the future land use and zoning designations for Parcel No. 1 are inconsistent, and the designations for Parcel No. 2 must be amended to combine and be used as part of the overall mobile home park. The request is to change the Future Land Use Map designations of the parcels from Residential Medium (RM) (Parcel No. 1) and Residential Urban (RU) (Parcel No. 2) to Residential Low Medium (RLM). A request to rezone Parcel No.2 from Medium Density Residential (MDR) District to Mobile Home Park (MHP) District is also being considered concurrently with this case (see REZ2020-10001). The requested amendments Community Development Board – December 15, 2020 LUP2020-10001 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION would bring consistency between the future land use designation and zoning district for Parcel No. 1 and would allow for the additional parcel to be used as the park clubhouse. Additionally, the property owners are seeking to terminate the existing mobile home park’s non-conformities related to density and setbacks through the concurrent FLD2020-09018 application being considered separately. While the amendment to Residential Low Medium (RLM) future land use is required for consistency, this category permits fewer units per acre than the existing Residential Medium (RM) category. The actual density on the site is 13 dwelling units per acre; however, no additional units are proposed. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 3 shows the existing surrounding uses. Map 1 Map 2 Residential uses including detached single-family houses surround the site across South Betty Lane, Lakeview Road, and Jeffords Street. A multifamily apartment complex abuts the property's northwest corner. To the west, along Adams Avenue, are commercial properties and a few detached dwellings. Further west is a large retail plaza fronting Missouri Avenue. Map 3 Map 4 Community Development Board – December 15, 2020 LUP2020-10001 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The property is almost completely surrounded by rights-of-way. As shown on Map 4, the future land use designations around the property are Residential Urban (RU) to the north, east, and south; Residential High (RH) to the northwest; and Commercial General (CG) to the west across Adams Avenue. A comparison between the uses, densities, and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential Medium (RM) (Parcel No. 1) Present FLUM Designation Residential Urban (RU) (Parcel No. 2) Requested FLUM Designation Residential Low Medium (RLM) Primary Uses: Moderate to High Density Residential; Residential Equivalent. Urban Low Density Residential; Residential Equivalent. Low to Moderate Density Residential; Residential Equivalent. Maximum Density: 15 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre 10 Dwelling Units Per Acre Maximum Intensity: FAR 0.50; ISR 0.75 FAR 0.40; ISR 0.65 FAR 0.50; ISR 0.75 Consistent Zoning Districts: Medium Density Residential (MDR); Medium High Density Residential (MHDR) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Mobile Home Park (MHP); Medium Density Residential (MDR) REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policy of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.4. Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through the application of the Clearwater Community Development Code. Community Development Board – December 15, 2020 LUP2020-10001 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Objective C.1.1. Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. The proposed Residential Low Medium (RLM) future land use designation is compatible with the surrounding single-family residential, multi-family residential, and commercial uses. The applicant’s intent is to bring consistency to the existing mobile home park’s future land use and zoning designations and to expand the park to incorporate the additional parcel at the southeast corner of the site. The Residential Low Medium (RLM) designation allows for less dense development than the current Residential Medium (RM) designation of Parcel No.1, and it allows for more dense development than the present Residential Urban (RU) designation of Parcel No. 2. The proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category for Parcel No. 1 is Residential Medium (RM) and for Parcel No. 2 is Residential Low Medium (RLM). Properties to the north, east, and south are Residential Low Medium (RLM), with Residential High (RH) to the northwest. To the west across Adams Avenue, the properties are Retail & Services (R&S). The proposed City of Clearwater future land use designation of Residential Low Medium (RLM) on Parcel No. 1 will necessitate a Countywide Plan Map amendment from the Residential Medium (RM) category to the Residential Low Medium (RLM) in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. The underlying Countywide Plan Map category on Parcel No. 2 is Residential Low Medium (RLM), which is consistent with the proposed City of Clearwater future land use designation of Residential Low Medium (RLM). No amendment would be required for Parcel No. 2 to the Countywide Plan Map. Section 2.3.3.3 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well‐suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The current and proposed use, as indicated by the applicant, is a mobile home park, which is a permitted use within the area and consistent with the proposed and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Community Development Board – December 15, 2020 LUP2020-10001 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of multifamily apartment buildings to the northwest; single-family homes to the north, east, and south; and commercial buildings to the west, across Adams Avenue. The expanding of the existing mobile home park on Parcel No. 1 to include a proposed accessory clubhouse on Parcel No. 2 is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Residential Low Medium (RLM) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the properties under the present and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designations Requested FLUM Designation Residential Medium (RM) (Parcel No. 1) Residential Urban (RU) (Parcel No. 2) RLM Net Change Site Area 8.767 AC (381,890.52 SF) 0.141 AC (6141.96 SF) 8.908 AC (388,032.48 SF) Max. Development Potential 131 DUs/0 Beds1 4,000 SF 2 0.50 FAR 2 1 DUs /3 Beds3 0 SF4 0.40 FAR4 89 DUs /0 Beds1 4,000 SF 2 0.50 FAR2 -43 DUs / +3 Beds 0 SF +0.10 FAR Notes: 1. Residential equivalent uses are not permitted through the consistent Mobile Home Park (MHP) District. 2. Non-Residential uses are permitted through the consistent Mobile Home Park (MHP) District but limited to public transportation facilities, utilities/infrastructure facilities, and limited office and retail. Office and retail uses are intended to serve the residents of the mobile home park and are limited to 2,000 square feet per use per the criteria in Section 2-603. 3. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District at 3 beds per unit per acre. 4. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Medium Density Residential (MDR) District; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet Community Development Board – December 15, 2020 LUP2020-10001 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown in the table, there is a general decrease in potential development density (dwelling units per acre) in the amendment area. Additionally, although there is a general increase in development intensity (Floor Area Ratio - FAR) on Parcel No. 2, the overall amendment area remains the same because non-residential uses are further limited by the consistent Mobile Home Park (MHP) District. The following analysis compares the maximum potential development of the proposed Residential Low Medium (RLM) future land use developed with 89 detached dwellings to the maximum development potential of the existing Residential Medium (RM) and Residential Urban (RU) categories developed with a residential use (132 dwelling units). These amendments are proposed to bring consistency between the future land use and zoning designations on Parcel No. 1 and to integrate Parcel No. 2 into the overall development. However, no real changes in today’s condition are proposed since the applicant is requesting to terminate the nonconforming density of 13 units per acre, allowing them to maintain the existing 113 units on site. (concurrent application FLD2020-09018). The proposed clubhouse on Parcel No. 2 is not part of the capacity analysis since it will be an accessory use to the existing mobile home park. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 12,384 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of units allowed (25,632 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designations (38,016 gallons per day). The proposed amendment will not result in an actual increase in demand for potable water, as there will be no real changes from today’s condition. The City’s current potable water demand is 10.53 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 73 gallons per day per capita (2019 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 11,145.6 gallons per day. This is determined by comparing the potential wastewater utilization of the proposed land use developed with the maximum number of dwelling units allowed (23,068.8 gallons per day) to the potential wastewater generation of the current land use designations developed at the maximum number of dwellings permitted (34,214.4 gallons per day). The proposed amendment will not result in an actual increase in demand for wastewater, as there will be no real changes from today’s condition. The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.29 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Community Development Board – December 15, 2020 LUP2020-10001 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Solid Waste The change in development potential from this amendment would result in a decrease of up to 109 tons per year of solid waste generated. This decrease is determined by taking the utilization of the proposed land use developed with the maximum number of dwellings (225.6 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum number of dwelling units permitted by the current land use designations (334.6 tons per year). The proposed amendment will not result in an actual increase in solid waste generation, as there will be no real changes from today’s condition. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program, which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is an excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.98 acres of parkland per 1,000 residents. With the proposed future land use amendment, 24 less units could be developed than existing today, resulting in approximately 57 less residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.98 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the north side of Lakeview Road, approximately 950 feet east of South Missouri Avenue. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (851) is calculated based on the typical traffic generation numbers for the Residential Medium (RM) category (96 trips per day per acre) for Parcel No. 1 (842 trips) and Residential Low Medium (RLM) category (67 trips per day per acre) for Parcel No. 2 (9 trips). For Parcel No. 1, the proposed Countywide Plan Map category of Residential Low Medium (RLM) (67 trips per day per acre) would decrease the number to 587 trips per day. For Parcel No. 2, the Countywide Plan Map category of Residential Low Medium is not changing, so the number of trips for this parcel remains the same Community Development Board – December 15, 2020 LUP2020-10001 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION for the proposed amendment. An overall decrease of 255 trips per day (or 30% fewer trips per day) would result based on the proposed amendment compared to the number of trips under the current designations. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on public facilities since all are reduced and will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. While the impacts generated by the existing development are more than the potential demand under the proposed land use designation, no actual increase in demand will result, as it includes no real changes from today’s condition. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirement. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – December 15, 2020 LUP2020-10001 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential Medium (RM) and Residential Urban (RU) to Residential Low Medium (RLM). Prepared by Planning and Development Department Staff: Diego Guevara Senior Planner ATTACHMENTS: Ordinance No. 9425-21 Resume Photographs of Site and Vicinity Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9426-21 2nd rdg Agenda Date: 2/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9426-21 on second reading, amending the Zoning Atlas of the city by rezoning certain real properties whose post office addresses are 1280 Lakeview Road and 1298 Lakeview Road, all within Clearwater, Florida 33756, from Medium Density Residential (MDR) to Mobile Home Park (MHP). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021 Ordinance No. 9426-21 ORDINANCE NO. 9426-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY, BY REZONING CERTAIN REAL PROPERTY LOCATED GENERALLY 1200 FEET EAST OF SOUTH MISSOURI AVENUE, ON THE NORTH SIDE OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1298 LAKEVIEW ROAD, CLEARWATER, FLORIDA 33756, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO MOBILE HOME PARK (MHP); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Land Use Category See attached Exhibit A for legal description From: Medium Density Residential (MDR) To: Mobile Home Park (MHP) (REZ2020-10001) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 9425-21 by the Pinellas County Board of County Commissioners. Ordinance No. 9426-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION REZ2020-10001 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 22-29-15-35532-000-0091 Lot 9 1298 Lakeview Rd. The South 100.00 feet of the East 75.00 feet of Lot 9, F.E. HANOUSEK’S SUBDIVISON, according to map or plat thereof as recorded in Plat Book 1, Page 41, Public Records of Pinellas County, Florida, more particularly described as follows: Begin at the Southeast corner of the Northwest ¼ of the Northwest ¼ of Section 22, Township 29 South, Range 15 East, and run thence North 00°02’37” West, 20.00 feet for a POINT OF BEGINNING, thence continue North 00°02’37” West, 100.00 feet, thence North 89°09’01” West 75.00 feet, thence South 00°02’37” East, 100.00 feet, thence South 89°09’01” East, 75.00 feet to the Point of Beginning. LESS the East 15.00 feet for road right-of-way and LESS the South 10.00 feet for road right-of-way. Exhibit B 6292835532 01476 6 8 1 2 3 456 7 8 9 10 48 47 46 45 44 43 42 41 40 39 38 11 49 50 51 52 53 54 55 56 57 58 96 95 94 93 92 91 90 89 88 87 59 97 98 99 100 101 102 103 104 105 106 107 33 31 56 55 54 53 52 25 24 23 22 32 9 1 2 3 62 63 64 55 56 57 58 59 60 61 123 4 5 6 7 8 9 9 41 42 43 44 45 46 47 48 49 50 15 14 13 12 11 10 9 8 7 2 6 3 4 5 1 2 3 8 7 6 5 4 1 2 3 4 5 6 26 86 7 1 1 MDR MHP C LMDR LMDR LMDR O C LAKEVIEW RD ADAMS AVE MILTON ST BROWNING ST S BETTY LN FRIEND AVE BOYLAN AVE S EVERGREEN AVES BETTY LN 1307 1315 1312 1321 1308 1316 1314 1319 1301 1318 1304 1315 1325 13011316 13241317132213071312 1301 13161308131813001275133612801260 1328131913031270 1318134513091323 1285 1338130613301304 1316 134113121315 131513121309133812581335130013401308 13241309 1310 129513041280 1331131013341315 1319 1328131312791324 132713201312 13041307 130613231252 13101256 130513141305130912541281 133313191311132512511332125012651300 131713291311 1273 1286 131313231317 1320 13131310 1308 1311 1301 1287 1271 1241 12991298134413011258 1327-Not to Scale--Not a Survey-Rev. 10/12/2020 Proposed Zoning Map Owner(s): Cobblestone l CTC, LLC Case: REZ2020-10001 Site: 1298 Lakeview Road Property Size(Acres): 0.141 Land Use Zoning PIN:22-29-15-35532-000-0091 From: Residential Urban (RU) To: Residential Low Medium (RLM) Medium Density Residential (MDR) Mobile Home Park (MHP) Atlas Page: 306B REZ2020-10001 Cobblestone I CTC, LLC 1298 Lakeview Road View looking north at subject property, 1298 Lakeview Road West of subject property East of subject property South of subject property, across Lakeview Road View looking easterly along Lakeview Road View looking westerly along Lakeview Road PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 15, 2020 AGENDA ITEM: F. 2. CASE: REZ2020-10001 REQUEST: To amend the Zoning Atlas designation from Medium Density Residential (MDR) to Mobile Home Park (MHP) GENERAL DATA: Owner............................. Applicant........................ Agent/Representative ..... Cobblestone I CTC, LLC Jason Hagen, Managing Member Brian J. Aungst, Jr. Esq. Location ......................... 1298 Lakeview Road, located on the north side of Lakeview Road approximately 1250 feet east of South Missouri Avenue. Property Size........ 0.141 acres Background: This case involves a 0.141-acre parcel of land located on the north side of Lakeview Road, approximately 1,250 feet from South Missouri Avenue. The parcel, owned by Cobblestone I CTC, LLC, is generally bounded by an existing mobile home park (north and west), South Betty Lane (east), and Lakeview Road (south). The abutting mobile home community was developed 60 years ago and currently has 113 mobile home units and a clubhouse/office. Cobblestone I CTC, LLC purchased that site (1280 Lakeview Road) in June 2019 and later purchased the subject site (1298 Lakeview Road) in December 2019. The subject parcel has most recently been used as an administrative office. The owner’s intent it to convert the existing building on the subject property to a clubhouse to serve the existing mobile home park, while making other improvements to the development. Currently, the future land use and zoning designations for the abutting mobile home park, and the designations for the subject site must be amended so that the subject site can be combined and used as part of the overall mobile home park. The request is to change the Zoning Atlas designation of the property from Medium Density Residential (MDR) to Mobile Home Park (MHP). A request to amend the property’s future land use designation from Residential Urban (RU) District to Residential Low Medium (RLM) District is also being considered concurrently with this case (see LUP2020-10001). Community Development Board – December 15, 2020 REZ2020-10001 - Page 2 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Additionally, the property owners are seeking to terminate the existing mobile home park’s non-conformities related to density and setbacks on the abutting property through the concurrent FLD2020-09018 application being considered separately. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. Residential uses including detached single-family houses surround the site across South Betty Lane and Lakeview Road. To the north and west is the mobile home park that the applicant is seeking to consolidate with this site. Map 3 Community Development Board – December 15, 2020 REZ2020-10001 - Page 3 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the Zoning Atlas designations around the property are Mobile Home Park (MHP) to the north and west; Low Medium Density Residential (LMDR) to the southeast and southwest; and Medium Density Residential (MDR) to the east and south. Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Community Development Board – December 15, 2020 REZ2020-10001 - Page 4 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Objective A.6.4. Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through the application of the Clearwater Community Development Code. Applicable section of the Community Development Code which supports the proposed amendment: Division 6, Mobile Home Park District, Section 2-601. Intent and Purpose. The intent and purpose of the Mobile Home Park (MHP) District is to recognize the existence of mobile home communities within the City of Clearwater and to provide for their continued existence and enhancement. The proposed Mobile Home Park (MHP) District is compatible with the mobile home park to the north and west, and with the single-family neighborhoods to the east, south, and southeast. The applicant has indicated that the property will be combined with the abutting mobile home park for development of a clubhouse for the use by the existing residents. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Properties/Character of the City & N eighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of a mobile home park to the north and west; and single-family homes to the north, east, and south. The proposed use of the subject property as a clubhouse accessory to the abutting mobile home park is compatible with the surrounding properties and neighborhood. The proposed Mobile Home Park (MHP) zoning district is consistent with the zoning districts that exist in the vicinity of the subject property. Further, the applicant’s intent to use the property as a clubhouse for the adjacent mobile home park is permitted in the requested Mobile Home Park (MHP) District and is compatible, consistent, and in character with the surrounding properties and the neighborhood. Recommended Conclusions of Law: The proposed Mobile Home Park (MHP) zoning district is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the present and requested City Future Land Use Map Community Development Board – December 15, 2020 REZ2020-10001 - Page 5 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION designations were analyzed. Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for the purpose of this analysis, sufficiency of public facilities is based on the Future Land Use Map designation. The current and proposed Future Land Use map designations of Residential Urban (RU) and Residential Low Medium (RLM), as well as the current and proposed Zoning Atlas designations of Medium Density Residential (MDR) and Mobile Home Park (MHP) primarily permit residential uses. Certain non-residential uses are permitted through the consistent Mobile Home Park (MHP) District, but are intended to serve to residents of the mobile home park and limited in scale pursuant to the criteria in Section 2-603. The proposed amendment will result in no change to the residential development potential and there is no change in the maximum number of units that could be built as shown in Table 1. Table 1. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “ RU” Requested FLUM Designation “RLM” Net Change Site Area 0.141 AC (6,141.96 SF) 0.141 AC (6,141.96 SF) Max. Development Potential 1 DUs /3 Beds1 0 SF2 0.40 FAR2 1 DUs / 0 Beds3 3,071 SF4 0.50 FAR4 0 DUs / -3 Beds3 +3,071 SF4 +0.10 FAR Notes: 1. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District (3 bed for each unit). 2. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Medium Density Residential (MDR) District; therefore, the square footage development potential is zero. 3. Residential equivalent uses are not permitted through the consistent Mobile Home Park (MHP) District. 4. Non-Residential uses are permitted through the consistent Mobile Home Park (MHP) District but limited to public transportation facilities, utilities/infrastructure facilities, and limited office and limited retail. Office and retail uses are intended to serve the residents of the mobile home park and are limited to 2,000 square feet per use per the criteria in Section 2-603. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet For the purposes of this analysis, residential utilization rates were used as residential uses have the highest public facilities demand overall compared to the other allowable uses in the current and proposed zoning districts. There is also no difference between attached or detached dwellings from a utilities’ perspective. There is an existing 2,400 square feet office on the property which is intended to be used as a clubhouse for the abutting mobile home park. If the subject property were to redevelop at the maximum permitted density (10 units per acre), there could be 1 unit. This is not an increase from what could be developed under the current allowable density (7.5 units per acre); therefore, the proposed amendment will not result in an impact to public utilities. Additionally, as noted in Table 1, non-residential development is permitted in the Mobile Home Park (MHP) District, but is limited to certain uses. Any office and retail uses would be limited to 2,000 sf per use, or 0.50 FAR, and only intended to serve the residents of the mobile home park. As such, there would be no additional impact on public facilities from potential non-residential uses. Community Development Board – December 15, 2020 REZ2020-10001 - Page 6 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater. Any required traffic mitigation will be determined at the time of site plan review . Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Mobile Home Park (MHP) District is consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of street, ownership lines, existing improvements and the natural environment. SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The a available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Community Development Board – December 15, 2020 REZ2020-10001 - Page 7 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from Medium Density Residential (MDR) to Mobile Home Park (MHP). Prepared by Planning and Development Department Staff: Diego Guevara Senior Planner ATTACHMENTS: Ordinance No. 9426-21 Resume Photographs of Site and Vicinity Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9427-21 2nd rdg cont'd Agenda Date: 2/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Continue second reading of Ordinance 9427-21 to February 18, 2021 amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 2250 Nursery Road, Clearwater, Florida 33764 from Residential Suburban (RS) to Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021 Ordinance No. 9427-21 ORDINANCE NO. 9427-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NURSERY ROAD APPOXIMATELY 645 FEET EAST OF BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2250 NURSERY ROAD, CLEARWATER, FL 33764 FROM RESIDENTIAL SUBURBAN (RS), TO RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is changed by designating the land use category for the hereinafter described property as follows: Property Land Use Category See attached Exhibit A for Legal Description;From: Residential Suburban (RS) (LUP2020-10002) To: Residential Urban (RU) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon and subject to the approval of the land use change by the Pinellas County Board of Commissioners, where applicable, and thirty- one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9427-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS LUP2020-10002 & REZ2020-10002 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 22-29-16-70272-300-1100 Lot 11 2250 Nursery Rd. A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA, ALSO BEING A PORTION OF LOT 11, OF PINELLAS GROVES, INC. AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 19 AND RUN S.89°09’04”E., ALONG THE CENTERLINE OF NURSERY ROAD, A DISTANCE OF 606.39 FEET TO A POINT; LEAVING SAID CENTERLINE, RUN N.00°11’32”E., A DISTANCE OF 33 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID NURSERY ROAD FOR THE POINT OF BEGINNING: LEAVING SAID RIGHT-OF-WAY LINE, RUN N00°11’32”E., A DISTANCE OF 231.00 FEET TO A POINT; THENCE RUN S.89°09’04”E, A DISTANCE OF 165.00 FEET TO A POINT; THENCE RUN S.00°11’32”W., A DISTANCE OF 231.00 FEET TO A POINT INTERSECTING THE AFOREMENTIONED RIGHT-OF-WAY LINE; THENCE RUN N.89°09’04”W., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.875 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Exhibit B Proposed Future Land Use Map Owner(s): Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 Case: LUP2020-10002 REZ2020-10002 Site: 2250 Nursery Road Property Size(Acres): 0.875 Land Use Zoning PIN: 19-29-16-70272-300-1100 From: Residential Suburban (RS) Low Density Residential (LDR) To: Residential Urban (RU) Medium Density Residential (MDR) Atlas Page: 317A 1862409045 55030 70272 62124 06219 7 3 1 2 4 6 1 9 10 11 9 10 11 1 33/03 33/08 33/081 33/02 33/15 1 1 RS RM RH RS RSCG R/OG CG CG R/O/R NURSERY RD S BELCHER RD MAPLE FOREST RD EXECUTIVE PLACE DR COUNTRY OAKS LN 1459 22311493 22291 4 7 4 224122351480 1475 1477 1453 1443 1487 1463 1492 1441 1449 1451 1469 1505 1456 1499 22301441 22251478 22451545 1470 1467A 1486 1471 2233148 225022601475A 1467B -Not to Scale--Not a Survey-Rev. 10/9/2020 LUP2020-10002; REZ2020-10002 Larry L. and Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 2250 Nursery Road View looking north at the subject property, 2250 Nursery Road Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Nursery Road View looking westerly along Nursery Road PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 15, 2020 AGENDA ITEM: F.3. CASE: LUP2020-10002 REQUEST: To amend the Future Land Use Map designation from Residential Suburban (RS) to Residential Urban (RU) GENERAL DATA: Owner.............................. Applicant......................... Agent/Representative...... Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 Housh Ghovaee, Northside Engineering, Inc. Location .......................... 2250 Nursery Road, approximately 645 feet east of Belcher Road Property Size ................... 0.875 acres Background: This case involves a 0.875-acre property located on the north side of Nursery Road approximately 645 feet east of Belcher Road. The request is to change the Future Land Use Map designation of the property from Residential Suburban (RS) to Residential Urban (RU). A request to rezone the property from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District is being processed concurrently with this case (see REZ2020-10002). The original house was constructed in Pinellas County in 1961. In 1986, a detached garage was added (the northern building), which according to county records was later converted in 1998 to a single family residence. In 1999, the owners requested annexation for the two units into the City in order to receive city water and sewer service (case A99-10). The applicant has indicated there are four units currently on the property; however, there is no record of permits establishing the two additional units. Additionally, the applicant has indicated they would like to redevelop the site with up to six attached dwellings (townhouses) which would require map amendments. However, no site plan application has been received at this time. Currently, the property’s future land use map designation is Residential Suburban (RS). The requested amendments would allow the property to become conforming in terms of density and could allow the site to request redevelopment as attached dwellings in the future through the Residential Infill Project use. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 3 shows the existing surrounding uses. Map 1 Map 2 To the west is multi-family residential, and to the south across Nursery Road are multi-family residential and a small retail plaza. North of the subject property are large-lot single family residences, and to the east is a stormwater pond owned by Pinellas County, all of which are within Pinellas County jurisdiction. Map 3 Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential High (RH) to the west and Residential Suburban (RS) to the north and east. Residential Medium (RM) and Commercial General (CG) are located across Nursery Road to the south. A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Map 4 Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential Suburban (RS) Requested FLUM Designation Residential Urban (RU) Primary Uses: Low Density Residential Urban Low Density Residential; Residential Equivalent Maximum Density: 2.5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.30; ISR 0.60 FAR 0.40; ISR 0.65 Consistent Zoning Districts: Low Density Residential (LDR) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through the application of the Clearwater Community Development Code. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single and multi-family residential uses as well as the small retail plaza. The applicant has indicated the desire to develop the property with attached dwellings; however, no site plan application has been submitted at this time. The Residential Urban (RU) designation allows for more intense development than the current Residential Suburban (RS) designation but would allow for the site to become conforming in terms of density. Overall, the density allowed will be greater than permitted by the current land use designation as well as the surrounding Residential Suburban (RS) land use categories to the north and east, but will still be less than the adjacent Residential High (RH) land use designation to the west and the Residential Medium (RM) land use designation to the south across Nursery Road. The proposed future land use designation change would allow for four additional units on the parcel than what is permitted by the current future land use designation. Since the property is located contiguous to parcels zoned low density residential, attached dwellings are not permitted and such a proposed use would need to be reviewed as a Residential Infill Project use pursuant to Section 2.303.A.2 of the Community Development Code. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Residential Low Medium (RLM), which is consistent with the proposed City of Clearwater future land use designation of Residential Urban (RU). No amendment would be required to the Countywide Plan Map. Section 2.3.3.3 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed use, as indicated by the applicant, will be additional residential units, which is an appropriate use within the area and consistent with the existing and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the existing category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses primarily consist of multi-family residential to the west and to the south. Single family residential exists to the north and farther to the east. Additionally, there is a small retail plaza to the south. The proposed use of the subject property of residential is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Residential Urban (RU) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RS” Requested FLUM Designation “RU” Net Change Site Area 0.875 AC (38,115 SF) 0.875 AC (38,115 SF) Maximum Development Potential 2 DUs / 0 Beds1 0 SF2 0.30 FAR 6 DUs / 18 Beds3 0 SF2 0.40 FAR +4 DUs / +18 Beds 0 SF +0.10 FAR Notes: 1. Residential equivalent uses are not permitted through the consistent Low Density Residential (LDR) District. 2. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Low Density Residential (LDR) District and requested Medium Density Residential (MDR) District; therefore, the square footage development potential is zero. 3. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District at 3 beds per unit per acre. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling UnitsAC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential of four units. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with six attached dwellings to the maximum development potential of the existing Residential Suburban (RS) future land use category developed with a residential use (two dwelling units). Since the existing residential development (four dwelling units) exceeds the current density, a second analysis is provided that compares the existing usage to the maximum potential usage under the proposed future land use category (six units). Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 1,152 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (1,728 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designation (576 gallons per day). When comparing the potable water utilization of the proposed number of dwelling units (6 units; 1,728 gallons per day) to the utilization of the existing residential development (4 units; 1,152 gallons per day) it shows that the proposed change could result in approximately 576 gallons per day, even less of an increase in demand for potable water. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City’s current potable water demand is 10.53 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 73 gallons per day per capita (2019 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 1,036.8 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (1,555.2 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designation (518.4 gallons per day). When comparing the wastewater utilization of the proposed number of dwelling units (6 units; 1,555.2 gallons per day) to the utilization of the existing residential development (4 units; 1,036.8 gallons per day) it shows that the proposed change could result in approximately 518.4 gallons per day, even less of an increase in demand for wastewater. The subject property is served by the East Water Reclamation Facility, which presently has excess permitted capacity estimated to be 3.01 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 10.1 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (15.2 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum number of units permitted by the current land use designation (5.1 tons per year). When comparing the solid waste generated from the proposed number of dwelling units (15.2 tons per year) to the solid waste generated by the existing residential use (10.1 tons per year) it shows that the proposed change could result in approximately 5.1 tons per year, even less of an increase of solid waste generated. Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.98 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.98 acres of parkland per 1,000 would Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the north side of Nursery Road approximately 645 feet east of Belcher Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. Since the Countywide Plan map category of Residential Low Medium (RLM) is not changing, the traffic generation rate of 67 trips per day per acre or 59 trips for the subject property remains the same for the proposed amendment. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of residential units would increase the demand on several public facilities when compared to the existing residential development; however, it is determined that the proposed change will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential Suburban (RS) to Residential Urban (RU). Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9427-21 Resume Photographs of Site and Vicinity Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9428-21 2nd rdg cont'd Agenda Date: 2/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Continue second reading of Ordinance 9428-21 to February 18, 2021, amending the Zoning Atlas of the city to rezone certain real property whose post office address is 2250 Nursery Road, Clearwater, Florida 33764 from Low Density Residential (RL) to Medium Density Residential (RM). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021 Ordinance No. 9428-21 ORDINANCE NO. 9428-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NURSERY ROAD APPROXIMATELY 645 FEET EAST OF BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2250 NURSERY ROAD, CLEARWATER, FL 33764, FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Zoning District See attached Exhibit A for Legal Description; From: Low Density Residential (LDR) (REZ2020-10002) To: Medium Density Residential (MDR) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 9427-21 by the Pinellas County Board of County Commissioners. Ordinance No. 9428-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS LUP2020-10002 & REZ2020-10002 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 22-29-16-70272-300-1100 Lot 11 2250 Nursery Rd. A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA, ALSO BEING A PORTION OF LOT 11, OF PINELLAS GROVES, INC. AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 19 AND RUN S.89°09’04”E., ALONG THE CENTERLINE OF NURSERY ROAD, A DISTANCE OF 606.39 FEET TO A POINT; LEAVING SAID CENTERLINE, RUN N.00°11’32”E., A DISTANCE OF 33 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID NURSERY ROAD FOR THE POINT OF BEGINNING: LEAVING SAID RIGHT-OF-WAY LINE, RUN N00°11’32”E., A DISTANCE OF 231.00 FEET TO A POINT; THENCE RUN S.89°09’04”E, A DISTANCE OF 165.00 FEET TO A POINT; THENCE RUN S.00°11’32”W., A DISTANCE OF 231.00 FEET TO A POINT INTERSECTING THE AFOREMENTIONED RIGHT-OF-WAY LINE; THENCE RUN N.89°09’04”W., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.875 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. Exhibit B Proposed Zoning Map Owner(s): Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 Case: LUP2020-10002 REZ2020-10002 Site: 2250 Nursery Road Property Size(Acres): 0.875 Land Use Zoning PIN: 19-29-16-70272-300-1100 From: Residential Suburban (RS) Low Density Residential (LDR) To: Residential Urban (RU) Medium Density Residential (MDR) Atlas Page: 317A 1862409045 55030 70272 62124 06219 7 3 1 2 4 6 1 9 10 11 9 10 11 1 33/03 33/08 33/081 33/02 33/15 1 1 C MDR HDR O LDR C LDR MHDRNURSERY RD S BELCHER RD MAPLE FOREST RD EXECUTIVE PLACE DR COUNTRY OAKS LN 1459 22311486 2229147 4 224122351480 1475 1477 1443 22331463 1492 1449 1451 1469 1505 1456 1499 22301441 22251478 22451545 1470 1467A 1493 1471 1453 1487 1441 14 225022601475A 1467B -Not to Scale--Not a Survey-Rev. 10/9/2020 LUP2020-10002; REZ2020-10002 Larry L. and Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005 2250 Nursery Road View looking north at the subject property, 2250 Nursery Road Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Nursery Road View looking westerly along Nursery Road PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 15, 2020 AGENDA ITEM: F.4. CASE: REZ2020-10002 REQUEST: To amend the Zoning Atlas designation from Low Density Residential (LDR) District to Medium Density Residential (MDR) District GENERAL DATA: Owner.............................. Applicant......................... Agent/Representative...... Larry L. & Gladys Hilkert, as trustees under the trust dated the 30th day of August, 2005 Larry L. & Gladys Hilkert, as trustees under the trust dated the 30th day of August, 2005 Housh Ghovaee, Northside Engineering, Inc Location .......................... 2250 Nursery Road, approximately 645 feet east of Belcher Road Property Size ................... 0.875 acres Background: This case involves a 0.875-acre property located on the north side of Nursery Road approximately 645 feet east of Belcher Road. The request is to change the Zoning Atlas designation of the property from Low Density Residential (LDR) to Medium Density Residential (MDR). A request to amend the property’s future land use designation from Residential Suburban (RS) to Residential Urban (RU) is being processed concurrently with this case (see LUP2020-10002). The original house was constructed in Pinellas County in 1961. In 1986, a detached garage was added (the northern building), which according to county records was later converted in 1998 to a single family residence. In 1999, the owners requested annexation for the two units into the City in order to receive city water and sewer service (case A99-10). The applicant has indicated there are four units currently on the property; however, there is no record of permits establishing the two additional units. Additionally, the applicant has indicated they would like to redevelop the site with up to six attached dwellings (townhouses) which would require map amendments. However, no site plan application has been received at this time. Currently, the property’s zoning district is Low Density Residential (LDR). The requested amendments would allow the property to become conforming in terms of density and could allow the site to request redevelopment as attached dwellings in the future through the Residential Infill Project use. The Residential Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 2 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Infill Project use would be required due to the subject property being adjacent to low density residential properties. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 3 shows the existing surrounding uses. Map 1 Map 2 To the west there is multi-family residential, and to the south across Nursery Road are multi-family residential and a small retail plaza. North of the subject property are large-lot single family residences, and to the east is a stormwater pond owned by Pinellas County, all of which are within Pinellas County jurisdiction. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 3 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 4, the abutting Zoning Atlas designations are High Density Residential (HDR) to the west, Residential Estate (R-E, Pinellas County) to the north and General Retail Commercial and Limited Services District (C-2, Pinellas County) to the east. Medium Density Residential (MDR) and Commercial (C) are located across Nursery Road to the south. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 4 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 4 R-E C-2 Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 5 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through the application of the Clearwater Community Development Code. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Applicable section of the Community Development Code which supports the proposed amendment: Division 3. Medium Density Residential District, Section 2-301. Intent and Purpose. The intent and purpose of the Medium Density Residential (“MDR”) is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need to revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Medium Density Residential (MDR) District is compatible with the surrounding multi-family neighborhoods to the west and south, and with the single family neighborhood to the north. The applicant has indicated that the property could be redeveloped in the future with attached dwellings, though there has been no site plan submitted at this time. Since the project is located contiguous to parcels zoned low density residential, attached dwellings are not permitted and such a proposed use would need to be reviewed as a Residential Infill Project use per Section 2.303.A.2 of the Community Development Code. In addition, the Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 6 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of largely multi-family residential to the west and to the south. Single family residential exists to the north and farther to the east. Additionally, there is a small retail plaza to the south. The proposed use of the subject property of residential is compatible with the surrounding properties and neighborhood. The proposed Medium Density Residential (MDR) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The proposed amendment could allow the property to request redevelopment as attached dwellings in the future as a Residential Infill Project. The criteria for Residential Infill Projects address that the design of such projects must create a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Residential Infill Projects are permitted as Level Two uses, to ensure that development is compatible with and in character with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Medium Density Residential (MDR) zoning district would allow development that is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 7 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RS” Requested FLUM Designation “RU” Net Change Site Area 0.875 AC (38,115 SF) 0.875 AC (38,115 SF) Maximum Development Potential 2 DUs / 0 Beds1 0 SF2 0.30 FAR 6 DUs / 18 Beds3 0 SF2 0.40 FAR +4 DUs / +18 Beds 0 SF +0.10 FAR Notes: 1. Residential equivalent uses are not permitted through the consistent Low Density Residential (LDR) District. 2. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Low Density Residential (LDR) District and requested Medium Density Residential (MDR) District; therefore, the square footage development potential is zero. 3. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District at 3 beds per unit per acre. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling UnitsAC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential of four units. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with six attached dwellings to the maximum development potential of the existing Residential Suburban (RS) future land use category developed with a residential use (two dwelling units). Since the existing residential development (four dwelling units) exceeds the current density, a second analysis is provided that compares the existing usage to the maximum potential usage under the proposed future land use category (six units). Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 1,152 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (1,728 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designation (576 gallons per day). When comparing the potable water utilization of the proposed number of dwelling units (6 units; 1,728 gallons per day) to the utilization of the existing residential development (4 units; 1,152 gallons per day) it shows that the proposed change could result in approximately 576 gallons per day, even less of an increase in demand for potable water. The City’s current potable water demand is 10.53 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 73 gallons per day per capita (2019 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 8 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 1,036.8 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (1,555.2 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum number of units permitted by the current land use designation (518.4 gallons per day). When comparing the wastewater utilization of the proposed number of dwelling units (6 units; 1,555.2 gallons per day) to the utilization of the existing residential development (4 units; 1,036.8 gallons per day) it shows that the proposed change could result in approximately 518.4 gallons per day, even less of an increase in demand for wastewater. The subject property is served by the East Water Reclamation Facility, which presently has excess permitted capacity estimated to be 3.01 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 10.1 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (15.2 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum number of units permitted by the current land use designation (5.1 tons per year). When comparing the solid waste generated from the proposed number of dwelling units (15.2 tons per year) to the solid waste generated by the existing residential use (10.1 tons per year) it shows that the proposed change could result in approximately 5.1 tons per year, even less of an increase of solid waste generated. Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.98 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.98 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 9 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This zoning atlas amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the north side of Nursery Road approximately 645 feet east of Belcher Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. Since the Countywide Plan map category of Residential Low Medium (RLM) is not changing, the traffic generation rate of 67 trips per day per acre or 59 trips for the subject property remains the same for the proposed amendment. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of residential units would increase the demand on several public facilities when compared to the existing residential development; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Medium Density Residential (MDR) District is consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 10 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city.X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area.X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas amendment from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District. Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9428-21 Resume Photographs of Site and Vicinity Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9435-21 2nd rdg withdrawn Agenda Date: 2/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Ordinance 9435-21 was denied on first reading and will not be heard on second reading. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8804 Agenda Date: 2/4/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-05. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021 Resolution No. 21-05 RESOLUTION NO. 21-05 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – Feb. 4, 2021 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended 7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in Resolution 20-51 on September 17, extended 7 days by Mayor Frank Hibbard on September 23 and 30, confirmed by City Council in Resolution 20-53 on October 14, extended 7 days by Mayor Frank Hibbard on October 21, 28, and November 4, confirmed by City Council in Resolution 20-56 on November 5, extended 7 days by Mayor Frank Hibbard on November 11 and 18, confirmed by City Council in Resolution 20-60 on November 19, extended 7 days by Mayor Frank Hibbard on November 25 and December 2, confirmed by City Council in Resolution 20-62 on December 3, extended 7 days by Mayor Frank Hibbard on December 9 and 16, confirmed by City Council in Resolution 20- 63 on December 17, extended 7 days by Mayor Frank Hibbard on December 23, 30, 2020, January 6, 13, and 20, 2021, confirmed by City Council in Resolution 21-01 on January 21, and extended 7 days by Mayor Frank Hibbard on January 27 and February 3, 2021; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and Resolution No. 21-05 WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and Resolution No. 21-05 WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Resolution No. 21-05 Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20- 193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and Resolution No. 21-05 WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.” The order rescinds prior restrictions on business, prohibits emergency ordinances preventing individuals from working or from operating a business, and suspends the collections of fines and penalties associated with COVID-19 against individuals; and WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive Order 20-246 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum; and WHEREAS, on November 3, 2020 Governor Ron DeSantis issued Executive Order 20-276 extending the statewide state of emergency an additional 60 days; and WHEREAS, on November 24, 2020 Governor Ron DeSantis issued Executive Order 20-297 extending Executive Order 20-244 (Phase 3; Right to Work; Business Certainty; Suspension of Fines) for the duration of the state of emergency due to COVID- 19, set to expire January 2, 2021 unless ratified and reaffirmed before then; and WHEREAS, on December 29, 2020 Governor Ron DeSantis issued Executive Order 20-316 extending the statewide state of emergency an additional 60 days; and WHEREAS, on January 21, 2021, Pinellas County Administrator Barry Burton issued Emergency Order 21-3 regulating Outdoor Large-Scale Special Events by developing safety standards for those events with 1,000 or more attendees and requiring organizers to create a safety plan that outlines steps to protect patrons from COVID-19; and WHEREAS, as of February 4, 2021 1,571,840 Florida residents (1,601,011 total cases in Florida including non-residents), including 94,012 in Hillsborough County (including 1,198 deaths), 26,602 in Manatee County (including 464 deaths), 27,367 in Pasco County (including 470 deaths), and 55,241 in Pinellas County (including 1,206 deaths) have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and Resolution No. 21-05 WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The January 27, 2021 state of emergency proclamation is hereby confirmed. Section 2. The February 3, 2021 state of emergency proclamation is hereby confirmed. Section 3. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 4th day of February, 2021. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Resolution No. 21-05 RESOLUTION NO. 21-05 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – Feb. 4, 2021 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended 7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in Resolution 20-51 on September 17, extended 7 days by Mayor Frank Hibbard on September 23 and 30, confirmed by City Council in Resolution 20-53 on October 14, extended 7 days by Mayor Frank Hibbard on October 21, 28, and November 4, confirmed by City Council in Resolution 20-56 on November 5, extended 7 days by Mayor Frank Hibbard on November 11 and 18, confirmed by City Council in Resolution 20-60 on November 19, extended 7 days by Mayor Frank Hibbard on November 25 and December 2, confirmed by City Council in Resolution 20-62 on December 3, extended 7 days by Mayor Frank Hibbard on December 9 and 16, confirmed by City Council in Resolution 20- 63 on December 17, extended 7 days by Mayor Frank Hibbard on December 23, 30, 2020, January 6, 13, and 20, 2021, confirmed by City Council in Resolution 21-01 on January 21, and extended 7 days by Mayor Frank Hibbard on January 27 and February 3, 2021; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no widely-available vaccine or cure; and Resolution No. 21-05 WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and Resolution No. 21-05 WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Resolution No. 21-05 Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20- 193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and Resolution No. 21-05 WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.” The order rescinds prior restrictions on business, prohibits emergency ordinances preventing individuals from working or from operating a business, and suspends the collections of fines and penalties associated with COVID-19 against individuals; and WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive Order 20-246 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum; and WHEREAS, on November 3, 2020 Governor Ron DeSantis issued Executive Order 20-276 extending the statewide state of emergency an additional 60 days; and WHEREAS, on November 24, 2020 Governor Ron DeSantis issued Executive Order 20-297 extending Executive Order 20-244 (Phase 3; Right to Work; Business Certainty; Suspension of Fines) for the duration of the state of emergency due to COVID- 19, set to expire January 2, 2021 unless ratified and reaffirmed before then; and WHEREAS, on December 29, 2020 Governor Ron DeSantis issued Executive Order 20-316 extending the statewide state of emergency an additional 60 days; and WHEREAS, on January 21, 2021, Pinellas County Administrator Barry Burton issued Emergency Order 21-3 regulating Outdoor Large-Scale Special Events by developing safety standards for those events with 1,000 or more attendees and requiring organizers to create a safety plan that outlines steps to protect patrons from COVID-19; and WHEREAS, as of February 4, 2021 1,712,326 Florida residents (1,744,619 total cases in Florida including non-residents), including 101,910 in Hillsborough County (including 1,336 deaths), 28,948 in Manatee County (including 503 deaths), 30,049 in Pasco County (including 560 deaths), and 60,322 in Pinellas County (including 1,307 deaths) have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and Resolution No. 21-05 WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The January 27, 2021 state of emergency proclamation is hereby confirmed. Section 2. The February 3, 2021 state of emergency proclamation is hereby confirmed. Section 3. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 4th day of February, 2021. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8771 Agenda Date: 2/4/2021 Status: City Manager ReportVersion: 2 File Type: Action ItemIn Control: Gas System Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after March 1, 2021 and pass Ordinance 9433-21 on first reading. SUMMARY: Raftelis has completed a Natural Gas Rate Study for the Clearwater Gas System (CGS). The Study includes a projection of CGS’ financial position through fiscal year 2025 and a cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served. Based on the results of the Study, CGS’ current revenues are adequate to fund the test year revenue requirements. However, Raftelis has recommended a reduction in commercial rates and an increase to residential single-family customers to offset the commercial reduction. Key recommendations in the Study and Ordinance are: ·Decrease the Commercial class distribution rate by $0.04 per therm. ·Increase the Residential Single-Family monthly customer charge by $4.00. ·The net effect of these changes to the residential and commercial rates is revenue neutral. ·Make changes to the propane (LP) annual customer charge rates, consistent with the increase with natural gas monthly customer charges. ·Make certain wording clarifications in our Ordinances to better reflect operating policies and responsibilities. ·Increase the main/service line extension construction payback period from 7 years to 10 years. The Rate Study shows the projected effect of these recommended rate adjustments and will become CGS’ basis for strategic goal setting. Based on Council’s direction at the February 1st worksession, CGS has prepared three versions of Ordinance 9433-21 that modify the changes to Residential customer charges and Commercial Non-fuel rate charges: Page 1 City of Clearwater Printed on 2/4/2021 File Number: ID#21-8771 ·Ordinance 9433-21-A: This version is the same as presented at the 2/1/21 council worksession as outlined in the above bullet point items. ·Ordinance 9433-21-B: This version increases the Residential Customer Charge by $2 per month, effective 3/1/2021 and then increase by an additional $2 per month, effective 3/1/2022. The Commercial Non-fuel energy charge will decrease by $0.02 per therm, effective 3/1/2021 and then decrease an additional $0.02 per them, effective 3/1/2022. This option is not revenue neutral in the 1st year and results in reduced reserve levels by approximately $308,000, however, is still projected to keep CGS above the minimum 180-day reserve requirement throughout the five-year forecast period. ·Ordinance 9433-21-C: This version increases the Residential Customer Charge by $2 per month, effective 3/1/2021 and then increase by an additional $2 per month, effective 3/1/2022. The Commercial Non-fuel energy charge decreases by $0.04 per therm, effective 3/1/2021. This option is not revenue neutral in the 1st year and results in reduced reserve levels by approximately $559,000, however, is still projected to keep CGS above the minimum 180-day reserve requirement throughout the five-year forecast period. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/4/2021 1 Clearwater Gas System Comprehensive Natural Gas Utility Rate Study 1.Introduction 2.Rate Study Process 3.Financial Plan 4.Cost of Service Analysis 5.Rate Recommendations 2 Agenda Rate Study Process 3 1 Financial Plan Key Outcome – revenues that sustainably fund the ongoing provision of safe and reliable natural gas service and provide a rate of return to the City which is reasonable/competitive with peer utilities. 2 Cost of Service Analysis Key Outcome – revenue recovery from each customer class that reflects that class’s use of the gas system. 3 Rate Design Key Outcome – rates which reasonably align with class cost of service and meet the objectives of the City of Clearwater. Financial Plan Key Drivers - Revenue 1.Customer and Usage Forecast 2.Baseline around 26,000 natural gas customers and 1,900 propane customers 3.Forecast usage based on historical usage per account and customer growth 4.Forecast adding just over 1,200 customers per year a)Strategic plan targets approximately 2,000 customers annually b)We are being conservative based on uncertain conditions arising from COVID-19 4 Financial Plan Key Drivers – Expenses 1.Operating Expenses Forecast a)Forecasting Expenditures based off 2020 Budget b)Using a 2.5% inflation rate for forecast c)Using a budget spend factor of 95% since actuals are historically lower than budgeted expenses 2.Capital Expenditures a)Planning to spend roughly $8.5m-$8.8m annually ($16.1m in 2020 for Campus Rebuild) b)Cash funding these projects (pay-go-capital) 5 Financial Plan Cash Flow Forecast 6 $0 $10 $20 $30 $40 $50 $60 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025$ millionsPGA expense All Other Expenses Debt Service Paygo Existing Revenues Financial Plan Reserve Balance 7 0 50 100 150 200 250 $- $5 $10 $15 $20 $25 $30 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Days Cash$ millionsReserves Days Cash Target Financial Plan Return on Rate Base 1.Return on Rate Base is a key metric for regulated utilities 2.Calculated based on after tax operating income divided by rate base, or asset net book value 3.Current ranges between 6.0 – 7.0% 4.Projected Return on Rate Base for the City is slightly lower but within comparable range to regulated utilities 8 Key Findings and Recommendations Financial Plan 1.Key Findings a)Current revenues appear to be adequate to fund test year revenue requirements b)Liquidity position is strong but projected to decline toward minimum targets over the next several years c)Projected return on rate base is lower but within comparable range to regulated utilities. However, conservative growth projections and significant increase in rate base are contributing factors 2.Recommendation a)Maintain rates at current levels b)Carefully monitor liquidity and financial performance, particularly due to economic uncertainty from COVID-19 9 Cost of Service Analysis Process, Findings and Recommendations 1.Process – Allocate costs to customer classes based on: a)Commodity (Average Usage) b)Capacity (Peak Day Usage) c)Customer (Readiness to Serve) 2.Findings a)Single-family residential customers subsidized by other customer classes b)Not an uncommon result and consistent with prior studies c)Cost to distribute gas (i.e., excluding gas purchases) is largely fixed, based on making service available to customers. 3.Recommendations a)Shift revenue recovery from commercial to residential b)Employ a phase-in approach 10 Cost of Service Analysis 11 48% 72% 52% 28% Current Revenues Cost of Service Residential Commercial Revenue Adjustment to Achieve Cost of Service: Residential: +59% Commercial: -44% We recommend a “phase-in approach” Revenue Adjustment to Achieve Cost of Service: Residential: +59% Commercial: -44% We recommend a “phase-in approach” Rate Recommendations PGA and Riders 1.Purchased Gas Adjustment (PGA) a)Remove customer service costs b)Remove ECA under-recovery 2.Energy Conservation Adjustment (ECA) a)Remove customer service costs b)Calculate based on customers who pay it 3.Regulatory Imposition Adjustment (RIA) a)Remove customer service costs b)Maintain at $0.00 until current surplus is exhausted 4.Usage and Inflation Adjustment: Adjust based on normalized use per account and CPI 12 Rate Recommendations Base Rates 1.Customer charge a)Increase single family by $4.00 / month b)Hold all others constant 2.Commodity Charges a)Reduce commercial commodity charges by $0.04 / therm b)Hold all others constant 3.Reevaluate cost of service in 2 years to determine if further adjustments are warranted. 13 Rate Recommendations Existing and Proposed Rates 14 Customer Class Customer Charge ($/Month)*Commodity Charge ($/Therm) Existing Proposed Exist Proposed *Recommend that surcharge for Central Pasco customers remain in place. Rate Recommendations Peer Utility Comparison 15 Customer Class Clearwater People’s Gas Central Florida Florida City Gas Florida Public UtilitiesExistingProposedExistingJan 1, 2021 Rate Recommendations Revenues Under Proposed Rates 16 48% 72%55% 52% 28%45% Current Revenues Cost of Service Proposed Rates Residential Commercial Revenue Adjustment Under Proposed Rates Residential: +21% Commercial: -9% Reflects “phase-in” approach Revenue Adjustment Under Proposed Rates Residential: +21% Commercial: -9% Reflects “phase-in” approach Rate Recommendations Bill Impacts* 17 Customer Class Usage (Therms)Existing Proposed $ Change *For illustration purposes, assumes no change from most recent month PGA and riders. Rate Recommendations Historical Comparison 18 $36.75 $37.30 $0.00 $5.00 $10.00 $15.00 $20.00 $25.00 $30.00 $35.00 $40.00 $45.00 $50.00 2014 2020 (Proposed) Average Residential Monthly Bill (15 Therms) Average Monthly Bill 19 Raftelis is a Registered Municipal Advisor within the meaning as defined in Section 15B (e) of the Securities Exchange Act of 1934 and the rules and regulations promulgated thereunder (Municipal Advisor Rule). However, except in circumstances where Raftelis expressly agrees otherwise in writing, Raftelis is not acting as a Municipal Advisor, and the opinions or views contained herein are not intended to be, and do not constitute “advice” within the meaning of the Municipal Advisor Rule. Contact: Bart Kreps 704 968 3278 / bkreps@raftelis.com Collin Drat 913 201 3724 / cdrat@raftelis.com 20 Natural Gas Rate Study Draft Report / December 17, 2020 CITY OF Clearwater December 17, 2020 Mr. Jay Ravins Finance Director City of Clearwater 100 South Myrtle Ave. Clearwater, FL 33756 Subject: Natural Gas Rate Study Dear Mr. Ravins, Raftelis Financial Consultants, Inc. (Raftelis) is pleased to provide this Natural Gas Rate Study Report (Report) for the City of Clearwater (City) to address the needs facing the City’s natural gas utility. The major objectives of the study include the following: » Evaluate the adequacy of existing rate revenues to support the continued financial sustainability of the natural gas utility going forward; » Determine the cost of serving each customer class in accordance with each class’s use of the natural gas system; » Recommend rate revenue adjustments to better align the cost of serving each class with the revenues generated by that class; and » Recommend rate structure adjustments to better align the City’s rate structure with industry best practices for natural gas utility rates. The Report summarizes our key findings and recommendations. It has been a pleasure working with you, and we thank you and the City staff for the support provided during the course of this study. Sincerely, Bart Kreps Vice President CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT Table of Contents 1. EXECUTIVE SUMMARY ............................................................ 1 1.1. INTRODUCTION ..................................................................................... 1 1.2. FINANCIAL PLAN .................................................................................. 1 1.3. COST OF SERVICE ANALYSIS ............................................................. 2 1.4. RATE DESIGN ........................................................................................ 3 2. FINANCIAL PLAN ...................................................................... 6 2.1. FINANCIAL PLANNING METRICS & PROCESS ................................... 6 2.2. PROJECTED REVENUES ...................................................................... 7 2.2.1. Existing Rates/Structure ............................................................................................7 2.2.2. Account Growth and usage forecast ........................................................................9 2.2.3. Projected Revenues Under Existing Rates ............................................................ 12 2.3. PROJECTED REVENUE REQUIREMENTS ......................................... 12 2.3.1. Operating Expenses ................................................................................................. 12 2.3.2. Capital Expenditures ................................................................................................ 13 2.3.3. Dividend to City of Clearwater ................................................................................ 14 2.3.4. Cash Flow Forecast ................................................................................................. 15 3. COST OF SERVICE ANALYSIS .............................................. 18 3.1. PROCESS ............................................................................................. 18 3.2. ALLOCATION OF COSTS TO COST DRIVERS .................................. 18 3.3. DETERMINATION OF UNITS OF SERVICE ......................................... 23 3.4. DISTRIBUTION OF COSTS TO CUSTOMER CLASSES ..................... 24 4. RATE DESIGN ......................................................................... 25 4.1. RATE RECOMMENDATIONS .............................................................. 25 4.1.1. PGA ........................................................................................................................... 25 4.1.2. Riders ........................................................................................................................ 25 4.1.3. Market Based Rates ................................................................................................. 26 CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT 4.1.4. Base Rates ................................................................................................................ 26 4.1.5. Rate Comparison to Neighboring Utilities ............................................................. 28 4.2. BILL IMPACTS ..................................................................................... 28 Report Tables Table 1 – Existing and Proposed Base Rates ................................................................................................. 4 Table 2 – Monthly Bill Impacts .......................................................................................................................... 5 Table 3 – Existing Base Rates ........................................................................................................................... 8 Table 4 – Historical and Projected Customer Account Growth .................................................................. 10 Table 5 – Historical and Projected Customer Usage (Therms) ................................................................... 11 Table 6 – Revenue Under Existing Rates....................................................................................................... 12 Table 7 – Forecast Operating Expenses ........................................................................................................ 13 Table 8 – Annual Debt Service ........................................................................................................................ 14 Table 9 – Capital Improvements Plan ............................................................................................................. 14 Table 10 - Cash Flow Forecast ........................................................................................................................ 15 Table 11 – Pro-forma Income Statement ........................................................................................................ 16 Table 12 – Return on Equity/Rate Base Calculation ..................................................................................... 17 Table 13 – Revenue Requirement Allocation to Cost Drivers (%) .............................................................. 21 Table 14 – Revenue Requirement Allocation to Cost Drivers ($) ................................................................ 22 Table 15 – Development of Distribution Factors .......................................................................................... 23 Table 16 – Distribution of Costs to Customer Classes ................................................................................ 24 Table 17 – Comparison of Cost of Service to Revenue Under Existing Rates .......................................... 24 Table 18 – Existing and Proposed Base Rates ............................................................................................. 27 Table 19 – Rate Comparison to Neighboring Utilities .................................................................................. 28 Table 20 – Monthly Bill Impact ........................................................................................................................ 28 Table 20 – Annual Cost Comparison CGS Gas Service vs. Electric Service ............................................. 29 Report Figures Figure 1 – CGS Cash Flow Forecast ................................................................................................................ 2 Figure 2 – Class Cost of Service vs. Current Revenues ................................................................................ 3 Figure 3 – Current Revenues, Cost of Service and Proposed Rates ............................................................ 5 Figure 4 – Current Revenues, Cost of Service and Proposed Rates .......................................................... 27 CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT This page intentionally left blank to facilitate two-sided printing. NATURAL GAS RATE STUDY REPORT 1 1. Executive Summary 1.1. Introduction The City of Clearwater, Florida, (the City) owns and operates the Clearwater Gas System (CGS), which serves approximately 28,000 customers in Pinellas and Pasco Counties. The City engaged Raftelis Financial Consultants, Inc. (Raftelis) in collaboration with Navillus Utility Consulting, LLC (Navillus) (collectively, the Raftelis Team) to conduct a comprehensive financial planning, cost of service and rate design study. The Raftelis Team worked closely with City staff develop an understanding of the financial and operational characteristics of the CGS system in order to develop appropriate assumptions and reasonable allocations. The primary outcomes of this study are rate recommendations which sustainably fund CGS operations, reasonably align cost recovery (i.e., what CGS charges customers) with cost incurrence (i.e., how those customers use the CGS system) and improve alignment with industry best practices for natural gas ratemaking. Developing these recommendations involves the following 3 steps: 1. Establish the overall level of revenue needed to fund CGS operations in a financially sustainable manner (Financial Plan) 2. Determine the cost of serving each customer class in accordance with each class’s use of the gas system (Cost of Service Analysis) 3. Calculate rate adjustments to better align the cost of serving each class with the revenues generated by that class and improved alignment with industry best practices (Rate Design). 1.2. Financial Plan Process The financial plan conducted for this study evaluated whether CGS’s existing revenue levels were appropriate, given projected operating and capital expenditures and defined financial performance metrics. This evaluation involved detailed projections of revenues and expenditures based on CGS’s customer billing data, budget, capital improvement plan and actual historical financial performance. Appropriateness for the purposes of this study was measured in terms of reserve levels, debt service coverage ratios, return on rate base and return on equity. CGS’s rate structure for customers receiving firm natural gas service consists of three distinct groups of charges: a purchased gas adjustment (PGA) rate, rate riders and base rates. The PGA rate is the mechanism by which CGS recovers the cost of natural gas it purchases and distributes to customers. The energy conservation adjustment (ECA) is designed to recover costs associated with energy conservation and demand management. The usage and inflation adjustment (UIA) is designed to mitigate operational and financial risk associated with fluctuations in demand and inflationary cost increases. The Regulatory Imposition Adjustment (RIA) is designed to recover the cost of regulatory imposed programs. The final component of CGS’s rate structure are the base rates (customer charge and commodity charge), which effectively recover all other costs of distributing natural gas to customers. The base rates were the primary focus of the cost of service analysis discussed below. The Raftelis Team worked with City staff to develop a projection of future account and customer growth with consideration for potential impacts associated with the novel coronavirus pandemic (COVID-19). These demand projections were used to calculate revenues based on CGS’s existing rate structure for comparison with projected operating and capital expenditures over a five-year forecast period. The sufficiency of projected revenues was then assessed based on established financial metrics targeting liquidity, debt management, and rate of return. 2 CITY OF CLEARWATER Findings and Recommendations Existing CGS revenues are sufficient to fund ongoing operations and capital renewal, replacements, and improvements while maintaining adequate reserve levels and debt service coverage. Forecasted revenues generated based on existing rates produce a reasonable rate of return for City of Clearwater taxpayers, consistent with rates of return provided to private, regulated natural gas utilities. Figure 1 summarizes the financial plan over the five-year forecast period. Figure 1 – CGS Cash Flow Forecast 1.3. Cost of Service Analysis Process While the financial plan determines the overall level of rate revenue necessary to support the gas system, the cost of service analysis determines what proportion of that overall requirement should be recovered from each of the City’s customer classes. The driving principal of a cost of service analysis is to allocate costs to users in proportion to their use of the gas system and services provided by the CGS. For this study, costs were broken down between commodity related costs (the cost of meeting annual system requirements), capacity related costs (the cost of meeting peak demand), customer related costs (the cost of connecting and serving individual customers) and direct costs (costs related to specific cost centers and rate riders). Typically, a cost of service analysis is performed using projected annual costs for a specific future year, referred to the “test year.” For this study, the City’s fiscal year ending September 1, 2021 (FY 2021) was used as the test year. Findings and Recommendations After allocating test year costs of service to the various customer classes on the basis of units of service, our analysis revealed that the residential and commercial classes may need rate adjustments to cover their costs of service. Current residential revenues are not sufficient to cover the costs allocated to the class. This under recovery of costs by the residential class is offset by an over recovery by commercial classes. As a result, rate revenues should be adjusted to appropriately reflect the cost-of-service results. Figure 2 presents a comparison of the class cost of service study for base rates compared to current revenues. Given the current variance between revenue generation and cost of service, we recommend a gradual movement towards cost of service, using a phase-in approach. NATURAL GAS RATE STUDY REPORT 3 Figure 2 – Class Cost of Service vs. Current Revenues 1.4. Rate Design Process The objective of rate design is to reasonably and fairly set rates to recover the net revenue requirement in a manner aligned with utility pricing objectives and industry practices. Although recovering the revenue requirement is the ultimate goal, rates must be reasonable and remain competitive with neighboring utilities. In the case of CGS, it is more prudent to establish a directional goal of achieving cost of service over time by implementing incremental shifts towards customer class parity while remaining competitive with neighboring utilities and fuel alternatives. Findings and Recommendations Based on the results shown above, CGS’s rate revenue is adequate to meet its operating needs over the forecast period. However, individual class rates could be adjusted to improvement alignment between CGS’s cost to serve each class and the revenues recovered from that class. The following summarizes our recommendations. Purchased Gas Adjustment The PGA is reviewed by CGS monthly and adjusted periodically based on actual and projected gas supply costs, other applicable expenses, and projected demand. As such, the Raftelis Team does not recommend a specific PGA rate as part of this study. However, we do recommend the following modifications to the calculation methodology. First, all customer service costs recovered in the PGA should be shifted for recovery in base rates via the customer charge. Second, the PGA should not include the under-recovery of ECA costs not assessed to non-standard and contract customers. Riders The ECA is applicable to all firm natural gas customers but not assessed to non-standard and contract customers. Current rate ordinances allow the City to collect this portion of ECA costs through the PGA. The Raftelis Team recommends the ECA be calculated based on customers that pay it rather than shifting a portion to the PGA. The UIA should be remain at the current level and adjusted as necessary to account for changes in inflation and customer usage. The UIA should reset to $0.00 at the beginning of FY 2022. The RIA should be set to $0.00 until the surplus currently generated by this rate is exhausted, then set to recover budgeted regulatory imposition costs. All customer service costs recovered in the ECA and RIA should be shifted for recovery in base rates via the customer charge. 4 CITY OF CLEARWATER Base Rates Our recommendation is that the current customer charge for single-family residential be increased from $12.00 to $16.00. The commodity charge for single-family residential should remain the same at $0.44. The customer charge for small, medium and large commercial classes should remain the same at $25.00, $40.00 and $95.00, respectively. The commodity charge for small, medium and large commercial classes should all decrease $.04 to $0.38, $0.34 and $0.30, respectively. We also recommend that Central Pasco customers continue to pay the Pasco Surcharge in addition to the customer charge monthly. The Pasco Surcharge results in an additional $8.00 for single-family, $15.00 for small commercial, $40.00 for medium commercial, and $65.00 for large commercial monthly. Tables 1 and 2 present the proposed base rates and customer bill impacts, respectively. These rate recommendations still lead to an under-recovery for single-family residential and represent a phase-in to cost of service. Future rate changes are likely to achieve cost of service in a gradual way as to avoid rate-shock for CGS customers. Figure 3 presents customer class revenues under current rates, cost of service and under the proposed rates shown in Table 1, which reflect the proposed phase-in approach. Note that these recommendations are revenue neutral in that they are designed to recover the same amount of revenue as CGS’s existing rate structure, with the only difference being the distribution of revenue recovery between classes and rates. Table 1 – Existing and Proposed Base Rates Pinellas & West Pasco Central Pasco Pinellas & West Pasco % Change Central Pasco % Change Single-Family Customer Charge Month 12.00$ 20.00$ 16.00$ 33%24.00$ 20% Commodity Charge Therm 0.44$ 0.44$ 0.44$ 0%0.44$ 0%// Small Multi-Family Customer Charge Month 25.00$ 40.00$ 25.00$ 0%40.00$ 0% Commodity Charge Therm 0.44$ 0.44$ 0.44$ 0%0.44$ 0%# IV/0!# IV/0! Medium Multi-Family Customer Charge Month 40.00$ 70.00$ 40.00$ 0%70.00$ 0% Commodity Charge Therm 0.44$ 0.44$ 0.44$ 0%0.44$ 0%// Large Multi-Family Customer Charge Month 95.00$ 160.00$ 95.00$ 0%160.00$ 0% Commodity Charge Therm 0.44$ 0.44$ 0.44$ 0%0.44$ 0%# IV/0!# IV/0! Small Commercial Customer Charge Month 25.00$ 40.00$ 25.00$ 0%40.00$ 0% Commodity Charge Therm 0.42$ 0.42$ 0.38$ -10%0.38$ -10%// Medium Commercial Customer Charge Month 40.00$ 70.00$ 40.00$ 0%70.00$ 0% Commodity Charge Therm 0.38$ 0.38$ 0.34$ -11%0.34$ -11%# IV/0!# IV/0! Large Commercial Customer Charge Month 95.00$ 160.00$ 95.00$ 0%160.00$ 0% Commodity Charge Therm 0.34$ 0.34$ 0.30$ -12%0.30$ -12% Class Code RS NSFD NMFD NLFD SFC SGS MFC MGC LFC LGS Customer Class Per Existing Proposed NATURAL GAS RATE STUDY REPORT 5 Table 2 – Monthly Bill Impacts Note: For illustration purposes, assumes no change from most recent month PGA and riders. Recommendations are designed to be revenue nuetral. Figure 3 – Current Revenues, Cost of Service and Proposed Rates Customer Class Usage (Therms)Existing Proposed $ Change 6 CITY OF CLEARWATER 2. Financial Plan 2.1. Financial Planning Metrics & Process The financial plan establishes the overall level of revenue required to fund ongoing operations and capital repair, replacements, and improvements in a financially sustainable manner. This involves three steps: 1. A forecast of revenue under existing rates, which forms the baseline against which any adjustment of revenues can be considered. 2. A forecast of operation and maintenance (O&M) and capital expenditures. 3. A detailed cash flow forecast which compares revenues and expenditures and evaluates the appropriateness of existing revenues through the context of defined financial metrics. The specific financial metrics used in this study include days O&M expenses, debt service coverage, return on rate base, and return on equity. Days O&M Expenses is a measure of the ability of the utility to deal with unanticipated declines in revenue, emergency expenditures, or general working capital needs without reducing service quality or dramatically increasing rates. The City’s adopted policy for unrestricted utility fund balances (working capital reserves) requires at least six months, or 180 days, O&M expenses. While the number of days a utility will seek to maintain will vary by utility, we typically recommend a minimum of 180 days, which is consistent with City policy. This can be used for working capital (timing differences in revenues and expenditures), temporary revenue shortfalls, or emergency capital repairs. Debt Service Coverage Ratios are a measure of how much current revenues exceed current debt service obligations, after operating expenses have been funded. A ratio above 1 indicates that current net revenues (operating revenues less expenses) are sufficient to meet current debt service obligations with additional free cash flow for capital investment and/or contributions to reserves. A ratio of less than 1 would mean that the utility does not have sufficient current revenues to cover operating expenses and meet debt service payment obligations. Coverage requirements vary by the type of debt issued and bond covenants, as well as an individual utility’s goals for credit ratings. For the purpose of this study, the financial plan developed for the City is based on maintaining a coverage ratio of at least 1.50 times. Return on Rate Base is the measurement of operating profit on investments in assets. It is calculated by dividing operating income (before allowance for dividends and interest on long-term debt) by rate base, or the value of assets less accumulated depreciation (net utility plant). Return on rate base is a common financial metric used by a public service commission when assessing the reasonableness of regulated natural gas utility rates. Return on Equity (ROE) is a subset of return on rate base and measures the profit available for equity holders after creditors have been paid. It is calculated by dividing operating income (after interest on long-term debt) by equity. ROE is also a common financial metric used by a public service commission when assessing the reasonableness of regulated natural gas utility rates; however, a reasonable ROE will differ by utility depending on its capital structure. These various metrics provided a framework to help determine the necessity for revenue adjustments. NATURAL GAS RATE STUDY REPORT 7 2.2. Projected Revenues 2.2.1. EXISTING RATES/STRUCTURE CGS provides natural gas and propane services to residential, commercial and industrial customers in Pinellas and Pasco Counties. CGS’s rate structure for customers receiving firm natural gas service consists of three distinct groups of charges: a purchased gas adjustment (PGA) rate, rate riders and base rates. The purchased gas adjustment (PGA) rate is the mechanism by which CGS recovers the cost of natural gas and propane it purchases to distribute to customers. Purchased gas and propane expenses can fluctuate significantly due to changes in market prices and weather conditions. The cost of these commodity purchases is passed on to CGS customers through the PGA. The PGA is reviewed monthly and adjusted periodically based on actual and projected gas and propane supply costs, all other applicable expenses, and projected demand. Per the City’s ordinance, the adjustment of the PGA to reflect the over or under recovery of costs is made at the discretion of the City Manager or designee. CGS employs different PGA rates for different classes of customers depending on the cost to purchase gas on their behalf, which varies based on service arrangements and location. Most CGS customers pay the firm PGA rate. Interruptible customers pay a reduced PGA, which excludes demand related charges because CGS can interrupt service to these customers during times of peak demand. CGS also employs contract rates for certain customers in situations where the firm rate would not be competitive with other providers. Finally, customers in central Pasco County (generally east of Suncoast Parkway), pay an additional surcharge which reflects the incremental cost of gas purchased to serve them. CGS also has multiple rate riders designed to recover certain costs or mitigate operational risk. Specifically, CGS’ rate structure includes an Energy Conservation Adjustment (ECA), a Usage and Inflation Adjustment (UIA), and a Regulatory Imposition Adjustment (RIA). The Energy Conservation Adjustment (ECA) is designed to recover costs associated with energy conservation and demand management including rebates and incentive programs. The ECA is applicable to all firm natural gas and propane customers. The ECA is reviewed monthly and adjusted periodically based on actual and projected energy conservation program costs and projected demand. The adjustment to the ECA to reflect the over or under recovery of costs is made at the discretion of the City Manager or designee. The Usage and Inflation Adjustment (UIA) is designed to mitigate operational and financial risks associated with fluctuations in demand and inflationary cost increases. The UIA is applicable to all firm natural gas and propane customers. The UIA may be implemented at the discretion of the City Manager or designee based on variations in estimated use per customer and inflationary assumptions identified in this rate study. The UIA forecasted revenues are based on an August CPI of 249.6391 and an assumed increase of 2.5% annually. The Regulatory Imposition Adjustment (RIA) is designed to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements. The RIA is appliable to all firm natural and propane customers. The RIA is normally reviewed periodically and adjusted to reflect the over or under recovery of costs at the discretion of the City Manager or designee. 1 Consumer Price Index all items in South urban, all urban customers, not seasonally adjusted. 8 CITY OF CLEARWATER The final components of CGS’s rate structure are the base rates. The primary2 customer classes served under the base rates fall into the categories indicated in Table 3. The size distinction (small, medium, large) is based on the average annual throughput of the customer. As noted above, the PGA rate is the mechanism by which the purchase of gas is recovered. The rate riders are intended to isolate the recovery of specifically defined costs in order to mitigate operational risk. Base rates, by contrast, are intended to recover CGS’s cost of distributing natural gas to customers after PGA and rider specific costs have been excluded. In other words, while the PGA and rider related costs are specifically defined, the costs recovered by the base rates are driven by demands placed on the CGS system by customers, which drive the design and operation of that system. Therefore, it is appropriate to design the base rates around each customer class’s proportionate contribution to these demands. Accordingly, the base rates are the focus of the cost of service analysis in Section 3. Table 3 – Existing Base Rates 2 In addition to the rates shown below, CGS employs a variety of market based rates including propane rates, natural gas vehicle sales, contract rates and interruptible rates. Customers served under the market based rates have alternatives to CGS service. Accordingly, CGS sets these rates to be competitive with other providers. Customer Class Per Pinellas & West Pasco Central Pasco Single-Family (RS) Customer Charge Month 12.00$ 20.00$ Commodity Charge Therm 0.44$ 0.44$ Small Multi-Family (NSFD) Customer Charge Month 25.00$ 40.00$ Commodity Charge Therm 0.44$ 0.44$ Medium Multi-Family (NMFD) Customer Charge Month 40.00$ 70.00$ Commodity Charge Therm 0.44$ 0.44$ Large Multi-Family (NLFD) Customer Charge Month 95.00$ 160.00$ Commodity Charge Therm 0.44$ 0.44$ Small Commercial (SFC, SGS) Customer Charge Month 25.00$ 40.00$ Commodity Charge Therm 0.42$ 0.42$ Medium Commercial (MFC, MGS) Customer Charge Month 40.00$ 70.00$ Commodity Charge Therm 0.38$ 0.38$ Large Commercial (LFC, LGS) Customer Charge Month 95.00$ 160.00$ Commodity Charge Therm 0.34$ 0.34$ NATURAL GAS RATE STUDY REPORT 9 2.2.2. ACCOUNT GROWTH AND USAGE FORECAST To forecast revenue under existing rates, Raftelis worked with City staff to develop projections of future account growth and customer usage. Customer account growth is influenced by development within the CGS service area as well as customer conversion to natural gas from propane and electric service. Over the past decade, the City has experienced a consistent increase in natural gas customers that has expanded more rapidly over the past several years. The expansion of the system has, and continues to be, a priority identified in the City’s strategic plan, which targets goals for annual account growth through fiscal year (FY) 2025. Specifically, the City’s strategic plan targets a net addition of approximately 2,000 accounts annually. Although current indications suggest continued robust levels of account growth, through discussion with City staff, it was determined that account growth assumed within financial plan should be based on a reasonable level of conservatism, particularly in light of ongoing economic disruptions due to the novel coronavirus pandemic (COVID-19). As such, the financial plan projects a growth of approximately 1,200 accounts annually, which is substantively less than historical trends and the City’s target but reflective of economic uncertainties due to COVID-19. Table 3 presented historical and projected account growth by customer class. Baseline natural gas usage needs to be normalized due to fluctuations in usage arising from weather. Typically, to normalize usage, a regression analysis is performed to assess the correlation between usage and heating degree-days, particularly for weather sensitive customer classes (e.g. residential and small commercial). The correlation can then be used to project usage based on normal or expected heating degree-days, which are based on a historical average. This leads to a normalized usage-per account. Due to data constraints, a full weather normalization analysis was not performed, and a multi-year average of usage-per-account was used for each customer class instead. The financial plan assumes the calculated usage-per-account remains constant over forecast period for all customer classes. Any lost revenue from future decline in usage-per-account, or any usage below the forecast, can be recovered through the UIA. For the purpose of this study, normalized usage per account for firm natural gas single-family residential customers and commercial customers was 185 therms and 5,877. therms, respectively. Tables 4 and 5 present historical and projected usage (therms), respectively. 10 CITY OF CLEARWATER Table 4 – Historical and Projected Customer Account Growth Description FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Residential Service Single-Family (RS)17,310 18,182 19,463 21,053 22,137 23,299 24,389 25,543 26,765 27,765 Small Multi-Family (NSFD)106 104 103 102 102 102 102 102 102 102 Medium Multi-Family (NMFD)2 2 2 2 2 2 2 2 2 2 Large Multi-Family (NLFD)1 1 1 1 1 1 1 1 1 1 Subtotal Residential Service 17,419 18,289 19,569 21,158 22,242 23,404 24,494 25,648 26,870 27,870 Commercial Service Small Commercial (SFC)103 102 101 100 100 100 100 100 100 100 Medium Commercial (MFC)6 5 5 5 5 5 5 5 5 5 Large Commercial (LFC)- - - - - - - - - - Small Commercial (SGS)1,860 1,903 1,956 2,005 2,054 2,104 2,155 2,208 2,256 2,305 Medium Commercial (MGS)112 112 113 115 118 120 123 126 128 131 Large Commercial (LGS)4 4 5 5 5 5 5 5 6 6 Subtotal Commercial Service 2,085 2,126 2,180 2,230 2,281 2,334 2,389 2,445 2,495 2,547 All Other Vehicle (NGV)1 1 1 1 1 1 1 1 1 1 Standby (NSS)35 37 39 43 44 45 46 47 48 49 Lights (SL no Maint.)- 1 1 1 1 1 1 1 1 1 Lights (SL with Maint.)- - - - - - - - - - Air Conditioning 1 1 1 1 1 1 1 1 1 1 Contracts 188 188 188 188 172 172 172 172 172 172 Interruptible 17 17 18 18 18 18 18 18 18 18 Subtotal All Other 242 245 248 252 237 238 239 240 241 242 Grand Total 19,746 20,660 21,997 23,640 24,760 25,976 27,122 28,333 29,607 30,659 4.63%6.47%7.47%4.74%4.91%4.41%4.47%4.50%3.56% NATURAL GAS RATE STUDY REPORT 11 Table 5 – Historical and Projected Customer Usage (Therms) Description FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Residential Service Single-Family (RS)3,174,691 3,231,402 3,744,841 3,802,055 4,197,296 4,430,413 4,647,552 4,877,944 5,122,524 5,318,641 Small Multi-Family (NSFD)67,285 68,227 69,734 68,514 66,332 66,332 66,332 66,332 66,332 66,332 Medium Multi-Family (NMFD)58,447 61,488 65,074 65,319 64,838 64,838 64,838 64,838 64,838 64,838 Large Multi-Family (NLFD)108 127 130 136 2,973 2,973 2,973 2,973 2,973 2,973 Subtotal Residential Service 3,300,530 3,361,242 3,879,779 3,936,023 4,331,440 4,564,556 4,781,696 5,012,087 5,256,668 5,452,784 Commercial Service Small Commercial (SFC)214,612 206,620 224,823 204,842 207,438 207,446 207,455 207,464 207,470 207,476 Medium Commercial (MFC)74,263 71,592 77,786 70,568 66,657 66,657 66,657 66,657 66,657 66,657 Large Commercial (LFC)- - - - - - - - - - Small Commercial (SGS)7,217,344 7,453,438 7,932,921 7,985,520 8,157,394 8,364,584 8,578,120 8,798,239 8,991,199 9,188,528 Medium Commercial (MGS)2,981,217 2,847,630 2,984,783 2,876,192 3,093,758 3,165,939 3,240,080 3,316,244 3,386,545 3,458,373 Large Commercial (LGS)590,646 580,040 663,706 673,888 725,068 739,570 754,361 769,448 784,837 800,534 Subtotal Commercial Service 11,078,081 11,159,320 11,884,019 11,811,010 12,250,315 12,544,196 12,846,673 13,158,052 13,436,708 13,721,567 All Other Vehicle (NGV)477,771 528,849 743,619 543,853 527,662 538,215 548,979 559,959 571,158 582,581 Standby (NSS)5,529 6,919 13,911 7,396 9,669 9,863 10,062 10,265 10,470 10,680 Lights (SL no Maint.)603 4,680 3,623 - 1,694 1,728 1,762 1,797 1,833 1,870 Lights (SL with Maint.)- - - - - - - - - - Air Conditioning - - 5,696 20,907 5,321 5,321 5,321 5,321 5,321 5,321 Contracts 2,015,645 2,162,956 1,886,749 1,963,374 1,895,992 1,895,992 1,895,992 1,895,992 1,895,992 1,895,992 Interruptible 6,836,099 7,022,297 6,899,299 7,429,515 7,288,220 7,288,220 7,288,220 7,288,220 7,288,220 7,288,220 Subtotal All Other 9,335,648 9,725,701 9,552,897 9,965,045 9,728,557 9,739,339 9,750,336 9,761,554 9,772,995 9,784,664 Grand Total 23,714,259 24,246,263 25,316,695 25,712,078 26,310,311 26,848,091 27,378,704 27,931,693 28,466,371 28,959,015 2.24%4.41%1.56%2.33%2.04%1.98%2.02%1.91%1.73% 12 CITY OF CLEARWATER 2.2.3. PROJECTED REVENUES UNDER EXISTING RATES Given the growth in accounts and usage over the forecast period, both fixed and variable revenues are projected to increase. Table 6 shows projected revenue based on existing rates over the five-year forecast period. In addition to natural gas sales, there are other ancillary sources of revenue from propane sales, gas service charges, appliance sales, installation charges, material charges, inspection fees, late payment fees, franchise fees, and gross receipts tax collection. In our projection, we assume that revenues collected for franchise fees and gross receipts taxes are equal to the expenses incurred. Additional information on both franchise fees and gross receipts taxes is provided in Section 2.3.5. Table 6 – Revenue Under Existing Rates 2.3. Projected Revenue Requirements 2.3.1. OPERATING EXPENSES The basis for the operating expense forecast is CGS’s FY 2020 budget. Based on a review of historical actual performance, and through discussions with CGS staff, we reduced the budget to 95% of the approved amounts. We then applied an assumed inflation rate of 2.5% per year to reflect anticipated inflation over the 5-year forecast period. As described above, CGS currently has a UIA rate which is designed to capture any inflation that occurs over time. The rate recommendations presented in this report assume that the UIA will remain at its current level and then reset to $0.00 at the beginning of FY 2022 with adjustments as needed to reflect inflationary impacts. Table 7 shows a summary of CGS’s forecast operating expenses. These expenses fall into 4 broad categories: PGA specific, Rider specific, All Other and Taxes. PGA specific costs include the cost of purchasing gas for customers as well as a portion of other operating costs including customer service and billing costs, administrative costs and a portion of the dividend to the City of Clearwater. As described in further detail in Sections 3 and 4, we recommend that the City shift some of these costs out of the PGA and into the base rates, where they are more appropriately recovered. That said, it is important to recognize that this would not necessarily impact what the customer pays but would improve alignment between the intent of the PGA and the costs which are recovered by it. Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 PGA Revenues 20,259,797$ 20,738,421$ 21,210,667$ 21,702,827$ 22,178,690$ 22,617,143$ Rider Revenues ECA 5,030,557$ 5,242,160$ 5,323,214$ 5,406,294$ 5,491,452$ 5,578,738$ RIA - - 381,790 498,169 510,623 523,388 UIA 1,038,528 323,590 477,742 489,686 501,928 514,476 Subtotal Rider Revenues $ 6,069,085 $ 5,565,750 $ 6,182,746 $ 6,394,149 $ 6,504,002 $ 6,616,603 Base Rate Revenues Residential 5,126,261$ 5,396,126$ 5,648,624$ 5,916,166$ 6,199,800$ 6,430,088$ Commercial 5,674,594 5,810,495 5,950,380 6,094,390 6,223,151 6,354,780 Subtotal Base Rate Revenues $ 10,800,855 $ 11,206,622 $ 11,599,004 $ 12,010,556 $ 12,422,951 $ 12,784,868 All Other Revenues Market Driven Revenues 2,374,651$ 2,378,286$ 2,381,997$ 2,385,785$ 2,389,608$ 2,393,509$ Propane Non-Fuel Revenues 550,330 550,330 550,330 550,330 550,330 550,330 Appliance Sales and Service 1,300,000 1,300,000 1,300,000 1,300,000 1,300,000 1,300,000 Other Revenues 3,828,470 2,875,300 2,875,300 2,875,300 2,875,300 2,875,300 Fees and Taxes 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 Subtotal All Other Revenues $ 10,090,451 $ 9,140,916 $ 9,144,627 $ 9,148,416 $ 9,152,239 $ 9,156,139 Grand Total Revenues 47,220,189$ 46,651,709$ 48,137,044$ 49,255,947$ 50,257,882$ 51,174,753$ -1.20%3.18%2.32%2.03%1.82% NATURAL GAS RATE STUDY REPORT 13 Rider specific costs include the specific costs associated with performing these activities (as described in Section 2.2.1) and a portion of other operating costs including customer service and billing cost, administrative costs and a portion of the dividend to the City. As noted above, the costs associated with these riders are accounted for within specific costs centers in CGS’s detailed budgeting and financial reporting records. Raftelis segmented these costs from the overall budget to ensure that the costs associated with these riders are transparently excluded from base rates. Similar to the PGA, we are recommending adjustments to the calculations of these riders to improve alignment between the intent of the rider and the costs which are recovered by it. All other operating costs include administrative and customer service costs not attributed to the PGA or riders and all other costs related to CGS’s operation of the gas system. Taxes relate to franchise fees and taxes imposed on CGS by governmental jurisdictions within which CGS provides gas service. CGS levies a charge on every purchase of gas within a jurisdiction to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between CGS and other governmental entities. The fees collected within each governmental jurisdiction are used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. All taxes due to the appropriate governmental entity (such as but not limited to the State of Florida sales tax, county sales tax, municipal utility tax, and others) which may be legally levied on the purchase of gas are billed to the customers receiving such service. For the purposes of this rate study, franchise fees and taxes are shown as pass- through revenue and expense. Table 7 – Forecast Operating Expenses 2.3.2. CAPITAL EXPENDITURES Capital expenditures are incurred to recapitalize and make additions to gas system assets. For the purposes of this rate study, capital expenditures have been identified on a cash basis, which includes principal and interest payments on debt obligations, rate financed capital, and contribution to reserves. The City has two outstanding debt obligations on the natural gas system including the Series 2013 and Series 2014 revenue bonds. Annual debt service payments for these obligations are approximately $900,000 annually, with a balloon principal payment due on the Series 2013 revenue bonds occurring in FY 2025. Table 8 presents CGS’s annual debt service payments over the forecast period. Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 PGA Expense 15,675,941$ 16,067,839$ 16,469,535$ 16,881,273$ 17,303,305$ 17,735,888$ PGA Billing/CS 750,550 769,314 788,547 808,260 828,467 849,178 ECA Expenses 3,242,160 3,323,214 3,406,294 3,491,452 3,578,738 3,668,206 ECA Billing/CS 49,200 50,430 51,691 52,983 54,308 55,665 RIA Expenses 474,164 486,018 498,169 510,623 523,388 536,473 All Other Admin 1,201,627 1,231,667 1,262,459 1,294,020 1,326,371 1,359,530 All Other Billing/CS 185,690 190,332 195,091 199,968 204,967 210,091 All Other Non-Fuel 13,633,260 13,828,029 14,173,730 14,528,073 14,891,275 15,263,557 Taxes 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 Total 37,249,591$ 37,983,843$ 38,882,514$ 39,803,652$ 40,747,819$ 41,715,589$ 1.97%2.37%2.37%2.37%2.38% 14 CITY OF CLEARWATER Table 8 – Annual Debt Service CGS develops an annual Capital Improvements Plan (CIP) that identifies specific projects the City would like to undertake over the next five years. The current five-year CIP includes replacements and upgrades to the transmission and distribution system, service extensions, expanded energy conservation, completion of the campus rebuild, and other projects. Raftelis worked closely with City staff to develop a plan to finance these future investments. Based on current levels of liquidity and projected free cash flow generated from rates, Raftelis recommends that the CGS CIP be financed entirely with cash. Projects identified specifically for expanded energy conservation should be funded through the ECA. The CIP sources and uses are show in Table 9. Table 9 – Capital Improvements Plan 2.3.3. DIVIDEND TO CITY OF CLEARWATER Per adopted City policy, CGS makes an annual payment to the City in the form of a dividend. The dividend is calculated as 50% of CGS’ prior year net income but not less than $1.7 million. The projected dividend payment in the financial forecast is based on the FY 2020 budget. Transfers between the City owned utility and the City’s general government are common throughout the municipal utility industry. CGS benefits from a wide variety of services Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Gas Refunding Bonds Series 2013 Principal 400,000$ 410,000$ 425,000$ 435,000$ 440,000$ 1,485,000$ Interest 123,272 113,632 103,751 93,508 83,025 72,421 Subtotal Series 2013 523,272$ 523,632$ 528,751$ 528,508$ 523,025$ 1,557,421$ Gas Refunding Bonds Series 2014 Principal 275,000$ 285,000$ 285,000$ 300,000$ 305,000$ 315,000$ Interest 110,271 102,929 95,319 87,710 79,700 71,556 Subtotal Series 2014 385,271$ 387,929$ 380,319$ 387,710$ 384,700$ 386,556$ Grand Total 908,543$ 911,560$ 909,070$ 916,218$ 907,724$ 1,943,977$ Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Uses of CIP Financing Line Relocation Pinellas - Maintenance 25,000$ 25,000$ 25,000$ 25,000$ 25,000$ 25,000$ Gas Meter Changeout - Pinellas Capitalized 250,000 250,000 250,000 250,000 250,000 250,000 Line Relocation Pinellas - Capitalized 300,000 300,000 300,000 300,000 300,000 300,000 Line Relocation Pasco - Maintenance 25,000 25,000 25,000 25,000 25,000 25,000 Pinellas New Mains & Service Lines 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 Pasco New Mains & Service Lines 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 Gas Meter Change Out - Pasco Capitalized 250,000 250,000 250,000 250,000 250,000 250,000 Line Relocation Pasco - Capitalized 300,000 300,000 300,000 300,000 300,000 300,000 Expanded Energy Conservation 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 Natural Gas Vehicle 200,000 200,000 200,000 200,000 200,000 200,000 Future IMS Software and Hardware 500,000 500,000 500,000 250,000 250,000 250,000 Gas System - Pasco Building 250,000 250,000 250,000 250,000 250,000 250,000 Pinellas Building: Equip R&R 200,000 200,000 200,000 200,000 200,000 200,000 Campus Rebuild 7,300,000 - - - - - Total Uses 16,100,000$ 8,800,000$ 8,800,000$ 8,550,000$ 8,550,000$ 8,550,000$ Sources of CIP Financing PAYGO 14,100,000$ 6,800,000$ 6,800,000$ 6,550,000$ 6,550,000$ 6,550,000$ ECA PAYGO 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 Total Sources 16,100,000$ 8,800,000$ 8,800,000$ 8,550,000$ 8,550,000$ 8,550,000$ NATURAL GAS RATE STUDY REPORT 15 provided by the City but does not pay property taxes. If the City did not provide these services, CGS would need to either hire additional staff to perform the same functions or contract them out. The dividend, in part, recognizes the cost of services provided. It is our understanding that the City’s water and wastewater utilities pay a Payment in Lieu of Taxes (PILOT) based on a percentage of revenues, in recognition of this same concept. In addition, the dividend recognizes the investment City taxpayers have made in order to enter the competitive gas industry. As described in the next section, the dividend provides a reasonable return to City taxpayers in recognition of the investment they have made in the gas utility. 2.3.4. CASH FLOW FORECAST The final step in the financial planning process involves compiling a cash flow forecast and evaluating the appropriateness of CGS’s current revenue levels given the financial performance metrics identified in Section 2.1: days O&M expenses, debt service coverage ratios, return on rate base and return on equity (ROE). Table 10 indicates the cash flow forecast for the 5-year period. As indicated, although projected revenue from existing rates generates a cash deficit over the forecast period, current levels of reserves are above the minimum policy target of 180 days O&M expenses. One of the primary drivers in the reduction of reserves is the completion of the campus rebuild project in FY 2020, which is a large capital investment in various facilities funded entirely with cash. Debt service coverage remains strong and is considerably above minimum policy targets. Table 10 - Cash Flow Forecast Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Revenues PGA Revenues 20,259,797$ 20,738,421$ 21,210,667$ 21,702,827$ 22,178,690$ 22,617,143$ Rider Revenues 6,069,085 5,565,750 6,182,746 6,394,149 6,504,002 6,616,603 Base Rate Revenues 10,800,855 11,206,622 11,599,004 12,010,556 12,422,951 12,784,868 All Other Revenues 10,090,451 9,140,916 9,144,627 9,148,416 9,152,239 9,156,139 Total Revenues 47,220,189$ 46,651,709$ 48,137,044$ 49,255,947$ 50,257,882$ 51,174,753$ Operating Expenses PGA Expense 15,675,941$ 16,067,839$ 16,469,535$ 16,881,273$ 17,303,305$ 17,735,888$ PGA Billing/CS 750,550 769,314 788,547 808,260 828,467 849,178 ECA Expenses 3,242,160 3,323,214 3,406,294 3,491,452 3,578,738 3,668,206 ECA Billing/CS 49,200 50,430 51,691 52,983 54,308 55,665 RIA Expenses 474,164 486,018 498,169 510,623 523,388 536,473 All Other Admin 1,201,627 1,231,667 1,262,459 1,294,020 1,326,371 1,359,530 All Other Billing/CS 185,690 190,332 195,091 199,968 204,967 210,091 All Other Non-Fuel 13,633,260 13,828,029 14,173,730 14,528,073 14,891,275 15,263,557 Taxes 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 Subtotal Operating 37,249,591$ 37,983,843$ 38,882,514$ 39,803,652$ 40,747,819$ 41,715,589$ Capital Expenditures Debt Service 908,543$ 911,560$ 909,070$ 916,218$ 907,724$ 1,943,977$ PAYGO 16,100,000 8,800,000 8,800,000 8,550,000 8,550,000 8,550,000 Subtotal Capital 17,008,543$ 9,711,560$ 9,709,070$ 9,466,218$ 9,457,724$ 10,493,977$ Total Expenditures 54,258,134$ 47,695,403$ 48,591,584$ 49,269,870$ 50,205,543$ 52,209,565$ Financial Performance Beginning Balance $ 30,871,394 $ 23,833,449 $ 22,789,755 $ 22,335,215 $ 22,321,293 $ 22,373,633 Surplus/ (Deficit) (7,037,945) (1,043,694) (454,540) (13,922) 52,340 (1,034,813) Ending Balance $ 23,833,449 $ 22,789,755 $ 22,335,215 $ 22,321,293 $ 22,373,633 $ 21,338,820 Days Cash 234 219 210 205 200 187 Revenue Bond DSCR 9.97 8.51 9.18 9.32 9.48 3.87 16 CITY OF CLEARWATER In order to assess the projected level of return on rate base and return on equity Raftelis developed a pro-forma income statement shown on Table 11 for the 5-year forecast period. Table 12 indicates the calculated rate of return on equity which is projected to decrease from 8.6% to 7.1% over the forecast period. Since CGS’s capital structure is almost entirely equity, the projected ROE is comparable to what a regulated utility would be granted assuming a similar capital structure. Table 12 also indicates the calculated return on rate base which is projected to decrease from 7.5% to 6.5% over the forecast period. This range is comparable to rates of return granted recently by state public service commissions in regulated natural gas utility rate filings. Also shown is a rate of return calculation including a hypothetical PILOT based on 5.5% of gross revenues, similar to what is paid by other City enterprise funds. This return is more comparable to investor-owned utilities, which would earn a rate of return after paying taxes. If the City were to assess a PILOT to CGS, the projected rate of return would be in the range of 3.75% - 4.75%. This is lower than what is typically granted to regulated utilities. In other words, the return being earned by CGS is not unreasonable with respect to its investor-owned peers. Finally, it is important to note that—unlike investor-owned utilities—the return being earned by CGS does not go to shareholders. It is used to fund general government services that would otherwise by funded by taxes. Based on the above, CGS’s existing revenues are reasonable and produce a fair rate of return for City of Clearwater taxpayers. We recommend maintaining levels of revenue that can be generated based on current rates until the completion of CGS’s next rate study at which point revenue adjustments can be reevaluated. Table 11 – Pro-forma Income Statement Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Revenues 47,220,189$ 46,651,709$ 48,137,044$ 49,255,947$ 50,257,882$ 51,174,753$ Operating Expenses PGA 14,407,361$ 14,767,545$ 15,136,733$ 15,515,151$ 15,903,030$ 16,300,606$ All Other 18,479,431 18,795,354 19,265,238 19,746,869 20,240,540 20,746,554 Taxes 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 PILOT**- - - - - - Depreciation 3,563,757 3,818,091 4,072,424 4,291,043 4,509,662 4,728,281 Subtotal Operating Expenses 38,487,548$ 39,417,989$ 40,511,395$ 41,590,063$ 42,690,233$ 43,812,441$ Operating Income 8,732,640$ 7,233,720$ 7,625,650$ 7,665,884$ 7,567,650$ 7,362,312$ Non-Operating Rev/(Exp)316,458 333,440 350,931 368,783 387,276 406,024 Income/(Loss) Before Transfers 9,049,098 7,567,160 7,976,580 8,034,667 7,954,926 7,768,335 Dividends to GF (Transfer Out)(3,982,667) (2,533,215) (2,516,973) (2,729,804) (2,652,431) (2,651,247) Net Change in Fund Equity 5,066,430$ 5,033,945$ 5,459,608$ 5,304,863$ 5,302,494$ 5,117,088$ NATURAL GAS RATE STUDY REPORT 17 Financial Plan – Key Findings and Recommendations » Key Findings – 1. Existing CGS revenues are sufficient to fund ongoing operations, capital renewal and replacement while maintaining reserve levels and debt service coverage ratios. 2. Existing CGS revenues produce a reasonable rate of return for City of Clearwater taxpayers. » Recommendations – Maintain level of revenue that can be generated based on existing rates. Table 12 – Return on Equity/Rate Base Calculation Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Return on Equity Income/(Loss) Before Transfers 9,049,098$ 7,567,160$ 7,976,580$ 8,034,667$ 7,954,926$ 7,768,335$ Divided by: Equity 82,487,665$ 88,164,575$ 93,602,151$ 98,596,107$ 103,381,445$ 109,003,164$ Return on Equity 11.0%8.6%8.5%8.1%7.7%7.1% Return on Rate Base Operating Income 8,732,640$ 7,233,720$ 7,625,650$ 7,665,884$ 7,567,650$ 7,362,312$ Divide by: Rate Base 91,057,665$ 96,039,575$ 100,767,151$ 105,026,107$ 109,066,445$ 112,888,164$ Equals: Return on Rate Base 9.6%7.5%7.6%7.3%6.9%6.5% Return on Rate Base Operating Income Above 8,732,640$ 7,233,720$ 7,625,650$ 7,665,884$ 7,567,650$ 7,362,312$ Less: PILOT @ 5.5% Prior Year Revs (2,558,205)$ (2,597,110)$ (2,565,844)$ (2,647,537)$ (2,709,077)$ (2,764,184)$ Equals: Adj. Operating Income 6,174,435$ 4,636,610$ 5,059,806$ 5,018,347$ 4,858,573$ 4,598,128$ Divide by: Rate Base 91,057,665$ 96,039,575$ 100,767,151$ 105,026,107$ 109,066,445$ 112,888,164$ Equals: Return on Rate Base 6.8%4.8%5.0%4.8%4.5%4.1% 18 CITY OF CLEARWATER 3. Cost of Service Analysis While the financial plan determines the overall level of rate revenue required to support the gas utility, the cost of service analysis is one tool that can be used to determine each customer class’s share of rate revenue based on their proportionate share of the system (the customer class revenue requirement). 3.1. Process Cost of service allocations provide a measure of determining the proportionate responsibility of each customer class for the service provided. Analysis of these costs provides guidelines for rate design and for comparing revenue derived by the present rates from each class with the cost associated with providing service. Cost of service allocations are based upon conditions estimated for a test year that reflects typical operations of the gas utility. For this study, the test year is the City’s fiscal year ending September 30, 2021 (FY 2021). Following the development of the test year revenue requirement, the proportion of the total revenue requirement (i.e. O&M and capital) allocable to each customer class must be determined. This allocation represents the level of revenues that should be recovered from each customer class, given the operational demands that class places on the gas utility system. This allocation is performed via the following steps: 1. Allocation of Costs to Cost Drivers 2. Determination of Units of Service 3. Distribution of Cost to Customer Classes 3.2. Allocation of Costs to Cost Drivers Cost drivers represent the types of customer demand which drive variation in CGS’s costs. The costs drivers used for this study are: » Commodity » Capacity » Customer - Readiness to Serve (RTS) » Meters/Regulators » Services » Customer – Accts » Direct (PGA, ECA, RIA) Commodity costs are associated with volumetric throughput. Capacity costs are associated with providing adequate capacity in the transmission and distribution system to meet peak demand. Customer-Readiness to Serve (RTS) costs are associated with extending the distribution system to customers such that service is available to CGS customer 24/7/365 regardless of how much gas is used. Meters/regulators, service lines and customer accounts costs are all associated with delivering, measuring, and administering service at the customer level. As discussed in Section 2.1, CGS has three distinct types of rates: the PGA, riders and base rates. Accordingly, the cost of service analysis segments these costs into these three categories for cost allocation purposes. Table 12 indicates the percentage allocation of each component of the revenue requirement. Table 13 indicates the resulting dollar allocations. NATURAL GAS RATE STUDY REPORT 19 Costs related to the PGA and riders (ECA, RIA) are directly assigned to those cost drivers. This step is necessary to isolate the PGA and rider specific costs to ensure they are not included in the base rates. The one exception is billing and customer service costs, a portion of which have historically been recovered in the PGA and riders. We believe these costs are more appropriately recovered in base rates because they relate to providing service to CGS customers more generally, rather than being specifically related to either the purchase of gas, or the activities covered by the riders. Costs related to base rates are allocated primarily based on CGS’s plant investment (Plant allocator). Raftelis utilized CGS’s plant investment records combined with Navillus’ experiencing conducting detailed evaluations of natural gas assets to develop the plant allocator used to allocate these costs. The use of a plant allocator to allocate costs is common throughout the municipal utility industry and is based on the presumption that CGS incurs operating costs in proportion to the investment in gas infrastructure used to provide service to customers. Costs related to billing and customer service were directly allocated to “Customer – Accts.” Administrative costs and taxes were allocated using a composite allocator based on the allocation of the other operating costs (O&M allocator). In addition to allocating CGS expenses to cost drivers, it is also important to allocate additional sources of revenue recovered by CGS which represent offsets to the revenues which must be recovered from base rates, the PGA and the riders. These are referred to as revenue credits and are indicated on the bottom half of Tables 13 and 14. The primary groupings are as follows: 1. Appliance sales and other services revenues, which represent payments from customers for ancillary services provided by CGS such as the sale and installation of natural gas appliances and plumbing. 2. Market PGA, Market Base Rates and Propane revenues, which are driven by market conditions (and not cost of service), so these revenues are credited against system revenue requirements rather than being included in the cost of service analysis. 3. Taxes which represent a pass-through of revenue collected on behalf of the taxing jurisdictions, accordingly, it is shown as both an expense and a revenue credit. 4. Pasco surcharge revenue, which, as indicated in Section 2.1 represents the recovery of additional purchased gas costs related to serving these customers. In addition to these four categories of credits are a cash flow credit and a margin credit. The cash flow credit accounts for the fact that the FY 2021 test year assumes CGS will use existing cash, rather than current revenues, to fund approximately $1 million in utility expenses. This reduces the amount of revenue needed from customers rates by $1 million. Accordingly, this amount is included as a revenue credit, reducing the amount of revenue needed from customer rates. The margin credit reflects the estimated PGA over recovery relative to the cost basis identified in this study. Based on an annualized rate of $0.89 and the costs attributable to the PGA in CGS’s budget, the PGA recovers an estimated $3.8 million that could be shifted to the base rates. However, as noted previously, costs associated with the PGA change frequently, so the margin credit is likely a timing issue that will be adjusted through a reduction in the PGA subsequent to the analytical phase of this study. To the extent a margin credit exists, CGS should shift the recovery of these costs from the PGA to the base rates. As discussed above, and again in Section 4, our rate recommendations begin this process by shifting the billing and customer service costs that were previously attributed to the PGA, to the base rates. Similar to the treatment of expenses, the revenue credits are allocated based on either direct, plant or O&M allocators. As described throughout this report, the PGA and riders are evaluated on a monthly basis and adjusted such that the rates recover cost of service. Accordingly, the remainder of the cost of service analysis focuses on allocating the 20 CITY OF CLEARWATER portion of the revenue requirement that will be recovered from base rates. As indicated in Table 13, the net revenue requirement for base rates is $11.8 million. NATURAL GAS RATE STUDY REPORT 21 Table 13 – Revenue Requirement Allocation to Cost Drivers (%) Commodity Capacity Customer - RTS Meters/Reg Services Customer - Accts Direct ECA Direct RIA Expenses PGA Expense PGA 100% PGA Billing/CS Cust - Accts 100% ECA Expenses ECA 100% RIA Expenses RIA 100% ECA Billing/CS Cust - Accts 100% ECA PAYGO ECA 100% All Other Admin O&M 4%17%21%37%14%7% All Other Billing/CS Cust - Accts 100% All Other Non-Fuel Plant 6%23%28%23%19%1% Taxes O&M 4%17%21%37%14%7% Debt Service Plant 6%23%28%23%19%1% PAYGO Plant 6%23%28%23%19%1% Subtotal 100.0%2.6%10.6%13.2%12.0%8.8%2.9%38.6%10.3%0.9% Revenue Credits Margin Credit Plant 6%23%28%23%19%1% Cash Flow +/-Plant 6%23%28%23%19%1% Pasco Surcharge PGA/ECA 50%50% Propane PGA PGA 100% Propane Non-Fuel Plant 6%23%28%23%19%1% Propane - ECA ECA 100% Propane - RIA RIA 100% Appliance Sales Plant 6%23%28%23%19%1% Other Revenues Plant 6%23%28%23%19%1% Market PGA PGA 100% Market Base Rates Plant 6%23%28%23%19%1% Taxes O&M 4%17%21%37%14%7% Subtotal 100.0%3.8%15.3%19.2%17.6%12.8%1.4%27.3%2.6%0.1% Net Revenue Req.100.0%1.9%7.6%9.4%8.4%6.3%3.8%45.8%15.3%1.5% Direct PGA Riders Description Allocation Basis Base Rates 22 CITY OF CLEARWATER Table 14 – Revenue Requirement Allocation to Cost Drivers ($) Commodity Capacity Customer - RTS Meters/Reg Services Customer - Accts Direct ECA Direct RIA Expenses PGA Expense 19,881,532$ -$ -$ -$ -$ -$ -$ 19,881,532$ -$ -$ PGA Billing/CS 769,314 - - - - - 769,314 - - - ECA Expenses 3,323,214 - - - - - - - 3,323,214 - RIA Expenses 486,018 - - - - - - - - 486,018 ECA Billing/CS 50,430 - - - - - 50,430 - - - ECA PAYGO 2,000,000 - - - - - - - 2,000,000 - All Other Admin 1,231,667 51,652 206,608 258,260 459,129 172,174 83,843 - - - All Other Billing/CS 190,332 - - - - - 190,332 - - - All Other Non-Fuel 13,828,029 786,054 3,144,214 3,930,268 3,182,898 2,620,179 164,417 - - - Taxes 2,037,000 85,425 341,700 427,125 759,334 284,750 138,665 - - - Debt Service 911,560 51,818 207,270 259,088 209,820 172,725 10,839 - - - PAYGO 6,800,000 386,546 1,546,183 1,932,728 1,565,205 1,288,485 80,853 - - - Subtotal $ 51,509,096 $ 1,361,494 $ 5,445,976 $ 6,807,470 $ 6,176,387 $ 4,538,313 $ 1,488,692 $ 19,881,532 $ 5,323,214 $ 486,018 Revenue Credits Margin Credit (3,813,693)$ (216,789)$ (867,157)$ (1,083,946)$ (877,826)$ (722,631)$ (45,345)$ -$ -$ -$ Cash Flow +/-(1,043,694) (59,329) (237,315) (296,644) (240,235) (197,762) (12,410) - - - Pasco Surcharge (840,365) - - - - - - (420,182) (420,182) - Propane PGA (649,372) - - - - - - (649,372) - - Propane Non-Fuel (550,330) (31,283) (125,134) (156,417) (126,674) (104,278) (6,543) - - - Propane - ECA (89,057) - - - - - - - (89,057) - Propane - RIA (14,843) - - - - - - - - (14,843) Appliance Sales (1,300,000) (73,898) (295,594) (369,492) (299,230) (246,328) (15,457) - - - Other Revenues (2,875,300) (163,446) (653,785) (817,231) (661,829) (544,821) (34,188) - - - Market PGA (4,372,932) - - - - - - (4,372,932) - - Market Base Rates (2,378,286) (135,194) (540,774) (675,968) (547,427) (450,645) (28,278) - - - Taxes (2,037,000) (85,425) (341,700) (427,125) (759,334) (284,750) (138,665) - - - Subtotal $(19,964,872) $ (765,365) $ (3,061,459) $ (3,826,824) $ (3,512,554) $ (2,551,216) $ (280,886) $ (5,442,486) $ (509,239) $ (14,843) Net Revenue Req.31,544,225$ 596,129$ 2,384,517$ 2,980,646$ 2,663,833$ 1,987,097$ 1,207,806$ 14,439,046$ 4,813,975$ 471,175$ Direct PGA Base Rates Riders Description Total NATURAL GAS RATE STUDY REPORT 23 3.3. Determination of Units of Service The next step in the cost allocation process is to summarize the units of service, which are the basis for the allocation of the total revenue requirement to each of the customer classes. Costs are allocated to customer classes in proportion to the class responsibility for use of the gas system. The units used to allocate costs are commodity units, capacity units and customer units. Commodity units are used to distribute costs which are incurred to support average demand and are calculated from annual throughput (dekatherms or dth) to assign commodity related costs to each customer class. Capacity units are used to distribute costs related to peak demand and annual throughput and estimated load factors. Load factors are used to calculate peak demand by showing the ratio of average load to peak load. Similar to an interstate highway system, a gas system must be designed and operated to meet both average and peak demands. Load factors attribute the cost of meeting peak demand with the customers that contribute to peak demand. A perfect load factor is 100%, meaning the customer uses gas at a constant rate without any fluctuations in demand. Load factors are typically estimated using a multivariate regression analysis which ascertains the relationship between temperature and natural gas usage under average conditions then applies it to an assumed low temperature to determine estimated peak demand. Customer data were not available at a sufficiently detailed level to perform this analysis for each customer class. Accordingly, the factors from CGS’s prior study were maintained. Raftelis did perform the regression analysis at a high level (residential and commercial) and confirmed that the existing load factors are reasonable. Customer units are used to distribute costs which are incurred regardless of how much gas a customer uses. These include costs relate to making the gas system available to customers (Customer – RTS), the cost of installing and maintaining meters, regulators and customer service lines and the cost of providing customer service and billing. A weighting factor is used to recognize differences in potential demand and the larger and more expensive equipment typically required to serve larger customers. Table 15 indicates the development of the distribution factors, which represent each customer class’s share of commodity, capacity and customer costs based on their unique demand characteristics. Table 15 – Development of Distribution Factors Annual Usage (dth)%Load Factor Peak Demand (dth/d) %Customers Cust. Factor Weighted Customers % Single-Family (RS)443,041 25.9%13.0%9,370 46.0%23,299 1.00 23,299 81.6% Small Multi-Family (NSFD)6,633 0.4%14.3%127 0.6%102 2.08 212 0.7% Medium Multi-Family (NMFD)6,484 0.4%17.6%101 0.5%2 3.33 7 0.0% Large Multi-Family (NLFD)297 0.0%12.2%7 0.0%1 7.92 8 0.0% Small Commercial (SFC)20,745 1.2%9.9%577 2.8%100 2.08 208 0.7% Medium Commercial (MFC)6,666 0.4%11.4%160 0.8%5 3.33 17 0.1% Large Commercial (LFC)- 0.0%11.4%- 0.0%- 7.92 - 0.0% Small Commercial (SGS)836,458 48.9%31.2%7,337 36.1%2,104 2.08 4,376 15.3% Medium Commercial (MGS)316,594 18.5%40.5%2,144 10.5%120 3.33 400 1.4% Large Commercial (LGS)73,957 4.3%38.5%526 2.6%5 7.92 41 0.1% Total 1,710,875 100.0%20,348 100.0%25,738 28,568 100.0% Customer Class Commodity Capacity Customer 24 CITY OF CLEARWATER 3.4. Distribution of Costs to Customer Classes Table 16 indicates the application of the development of commodity, capacity and customer distribution factors from Table 15. For example, Single Family Residential (RS) customers represent 46% of the capacity units and are allocated 46% of the capacity cost (i.e. $2.4 million x 0.46 = $1.1 million). This process is repeated for each customer class and cost driver to determine class cost of service indicated in the “total” column in Table 16. Table 16 – Distribution of Costs to Customer Classes Table 17 indicates a comparison of the calculated cost of service to revenues under the existing base rates. Cost of service, in total, exceeds revenues under existing rates due to an assumed shift of billing and customer service costs from the PGA and riders to the base rates. In addition, there are significant variances between class cost of service and existing base rate revenue. In general, residential customers (single and multi) are paying less than cost of service and non-residential customers are paying more than cost of service. Section 4 overviews recommended adjustments which CGS could make to improve the alignment between the costs incurred to serve each class and the revenues recovered from that class. Table 17 – Comparison of Cost of Service to Revenue Under Existing Rates Commodity Capacity Customer - RTS Meters/Reg Services Customer - Accts dth dth/d Single-Family (RS)8,461,395$ 154,371$ 1,098,028$ 2,430,878$ 2,172,500$ 1,620,586$ 985,031$ Small Multi-Family (NSFD)82,878 2,311 14,921 22,136 19,783 14,757 8,970 Medium Multi-Family (NMFD)16,135 2,259 11,815 695 621 463 282 Large Multi-Family (NLFD)3,339 104 784 826 739 551 335 Small Commercial (SFC)139,214 7,228 67,561 21,724 19,415 14,483 8,803 Medium Commercial (MFC)26,250 2,323 18,775 1,737 1,553 1,158 704 Large Commercial (LFC)- - - - - - - Small Commercial (SGS)2,505,243 291,452 859,803 456,566 408,037 304,377 185,008 Medium Commercial (MGS)485,437 110,312 251,207 41,785 37,344 27,857 16,932 Large Commercial (LGS)100,139 25,769 61,622 4,299 3,842 2,866 1,742 Total 11,820,029$ 596,129$ 2,384,517$ 2,980,646$ 2,663,833$ 1,987,097$ 1,207,806$ Wtd Cust Customer Class Total Customer Class Cost of Service Existing Rates $ Difference % Difference Single-Family (RS)8,461,395$ 5,304,403$ (3,156,992)$ -37.3% Small Multi-Family (NSFD)82,878 59,786 (23,092) -27.9% Medium Multi-Family (NMFD)16,135 29,489 13,354 82.8% Large Multi-Family (NLFD)3,339 2,448 (890) -26.7% Small Commercial (SFC)139,214 117,158 (22,056) -15.8% Medium Commercial (MFC)26,250 27,730 1,480 5.6% Large Commercial (LFC)- - - 0.0% Small Commercial (SGS)2,505,243 4,144,273 1,639,030 65.4% Medium Commercial (MGS)485,437 1,263,951 778,514 160.4% Large Commercial (LGS)100,139 257,384 157,245 157.0% Total Utility 11,820,029$ 11,206,622$ (613,407)$ -5.2% NATURAL GAS RATE STUDY REPORT 25 Cost of Service Analysis – Key Findings and Recommendations » Key Findings – 1. PGA recovers costs, which could be more appropriately included in base rates. 2. Residential customers are paying less than cost of service 3. Non-Residential customers are paying more than cost of service » Recommendations – 1. Consider shifting revenue recovery from PGA to base rates 2. Consider shifting revenue recovery from non-residential customers to residential customers 4. Rate Design The objective of rate design is to reasonably and fairly set rates to recover the net revenue requirement. While recovering the revenue requirement for each class is the ultimate goal, rates must be reasonable and remain competitive with neighboring utilities. In the case of CGS, for each class to recover the class revenue requirements determined in the cost-of-service analysis, major changes are needed to the rate structure. For single-family residential, the largest class in CGS, this would mean drastic increases that may lead to rate shock for customers. As a result, it is more prudent to establish a directional goal of achieving cost of service over time by implementing incremental shifts toward customer class parity while remaining competitive with neighboring utilities such as Teco/Peoples Gas, Central Florida Gas, Florida City Gas and Florida Public Utilities. 4.1. Rate Recommendations 4.1.1. PGA The PGA is reviewed monthly and adjusted periodically based on actual and projected gas and propane supply costs, all other applicable expenses, and projected demand. As such, Raftelis does not recommend a specific PGA rate as part of this study. However, we do recommend the following modifications to the calculation methodology. First, all customer service costs currently recovered in the PGA should be allocated for recover in the customer charge. Second, the PGA should not include the under-recovery of ECA costs not assessed to non-standard and contract customers (see ECA recommendation below). 4.1.2. RIDERS As discussed in Section 2.3.2, CGS has several rate riders that recover specific costs or designed to mitigate financial and operational risk. Raftelis reviewed the costs allocated to each rider and recommends several calculation modifications for consideration including: Energy Conservation Adjustment The ECA is applicable to all firm natural gas and propane customers but not assessed to non-standard and contract customers. However, based on current rate ordinances the City can collect a portion of ECA costs as part of the PGA, which can be up to one-half of the annual average ECA billing rate. Alternatively, Raftelis recommends the ECA be calculated based customer that actually pay it rather than shifting a portion of this responsibility to the PGA. Raftelis also recommends that all customer service costs currently recovered through the ECA be allocated for recovery in the customer charge. Since the ECA is reviewed by CGS staff on a monthly basis, Raftelis recommends the City adopt the new methodology and then calculate the resulting rate based on actual costs consistent with current practices. 26 CITY OF CLEARWATER Usage and Inflation Adjustment Per City ordinances, the UIA should remain at current levels and then reset to $0.00 in the beginning of FY 2022. As noted previously, the financial forecast is based on an August CPI of 249.639 and an assumed increase of 2.5% annually. Normalized usage per account for firm natural gas single-family residential customers and commercial customers was 185 therms and 5,877 therms, respectively. To the extent that inflation or usage differs from these amounts, the City should adjust the UIA rate, as needed, to account for changes inflation or customer usage. As noted above, the financial forecast assumes and inflationary increase in costs during FY 2021, so it would be expected that the UIA would be used to recover these costs during the test year. Regulatory Imposition Adjustment Based on information provided by CGS staff, the RIA has currently over-recovered its costs by approximately $930,000 through FY 2020. These excess funds are held in reserve. Raftelis recommends the RIA be set at $0.00 per therm until excess reserves are exhausted. The rate can then be recalculated to recover budgeted regulatory imposition costs. Going forward, Raftelis recommends that all customer service costs currently recovered through the RIA be allocated for recovery in the customer charge. 4.1.3. MARKET BASED RATES We are not proposing any changes to the propane or contract rates at this time. CGS should continue to set the market based rates as needed to remain competitive with neighboring utilities and other sources of energy. 4.1.4. BASE RATES As indicated in Section 3, there are significant variances between class cost of service and class revenue generation. In general, we recommend CGS continue to evaluate cost of service and continue to shift (as needed) revenue recovery from non-residential customers to residential customers. An appropriate first step in this shift would be to increase the customer charge for single family customers from $12.00 to $16.00. This rate would be sufficient to recover the costs associated with meters and regulators, customer service lines and customer service and billing costs. Readiness to serve costs would continue to be recovered in the volume rate, which we recommend CGS maintain at $0.44 per therm. These changes accomplish two objectives. First, it moves single family residential customers closer to cost of service which represents an improvement in equity. Second, it increases fixed revenue recovery, which increases the stability of CGS’s revenues. This is important, because, excluding the PGA, the vast majority of CGS’s cost are incurred on a fixed basis. Increasing fixed revenue recovery improves the alignment between cost incurrence and cost recovery, reducing the risk that CGS will under- recover revenues in a lower usage year. Non-residential customer charges should be held constant. The commodity charges for this class should be reduced by $0.04 per therm, which moves these customers closer to cost of service. Similar to the recommendation regarding single family residential rates, this change represents an improvement in equity. Table 18 presents the existing and proposed base rates. Figure 3 presents customer class revenues under current rates, cost of service and under the proposed rates shown in Table 18, which reflect the proposed phase-in approach. Note that these recommendations are revenue neutral in that they are designed to recover the same amount of revenue as CGS’s existing rate structure, with the only difference being the distribution of revenue recovery between classes and rates. NATURAL GAS RATE STUDY REPORT 27 Table 18 – Existing and Proposed Base Rates Note: Central Pasco Surcharge will be maintained Figure 4 – Current Revenues, Cost of Service and Proposed Rates 28 CITY OF CLEARWATER 4.1.5. RATE COMPARISON TO NEIGHBORING UTILITIES As previously mentioned, it is important to compare the City natural gas rates to neighboring utilities to assess overall competitiveness. The following table compares the City’s existing and proposed rates to a regional proxy group including Teco/Peoples Gas, Central Florida Gas, Florida City Gas and Florida Public Utilities. Table 19 – Rate Comparison to Neighboring Utilities Note: Central Pasco Surcharge will be maintained 4.2. Bill Impacts The changes to the rate structure will have impacts on customer monthly bills. Table 20 demonstrates the impact on monthly bills for the CGS’ various customer classes. Due to the increase to the customer charge for single-family residential, low usage customers in that class will see the largest percent increase on their bills. Due to the decrease in the commodity charge in the commercial classes, the largest percent decrease in bills will be seen on the higher users. Table 20 – Monthly Bill Impact Note: For illustration purposes, assumes no change from most recent month PGA and riders. Recommendations are designed to be revenue nuetral. Customer Class Usage (Therms)Existing Proposed $ Change NATURAL GAS RATE STUDY REPORT 29 Another important factor for CGS is remaining competitive against electric utilities. Despite increases for single family residential customers, CGS is still able to save its customers’ money compared to the rates Duke Energy offers for electric service. In Table 20 below, there is a comparison of the recommended CGS rate and the current Duke Energy rate, demonstrating the cost savings offered by natural gas. Table 21 – Annual Cost Comparison CGS Gas Service vs. Electric Service Finally, it is noteworthy that the currently proposed all-in rate of $1.38 per therm represents a decrease from the all- in rate of $1.65 per therm, which was effective in November of 2014. In other words, even with the proposed increase to the residential base rate, the average residential customers’ bill is about the same as it was approximately 6 years ago. Description Clearwater(1)Duke Energy Total Rate per Unit 1.38$ 0.14$ Estimated Energy Use Therms kWh Heating(2)150 2,250 Hot Water 170 5,000 Cooking 45 2,000 Total 365 9,250 Annual Cost Heating 207.00$ 322.34$ Hot Water 234.60$ 716.30$ Cooking 62.10$ 286.52$ Total 503.70$ 1,325.16$ Savings vs. Electric $ Savings % Savings Heating (115.34)$ -35.8% Hot Water (481.70)$ -67.2% Cooking (224.42)$ -78.3% Total (821.46)$ -62.0% (1) Total proposed volumetric rate (2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace 2014 Average Bill - $1.65/therm @ 15 therms + $12.00 = $36.75 2021 Average Bill - $1.38/therm @ 15 therms + $16.00 = $36.70 30 CITY OF CLEARWATER Rate Design – Key Findings and Recommendations » Key Findings – 1. 2. Current PGA calculation includes a portion of under-recovery from ECA rate not charged to contract customers. 3. Current ECA rate does not fully recover ECA costs, a portion of which are shifted to the PGA. 4. Current PGA, ECA and RIA calculation includes a portion of billing and customer service costs. 5. RIA revenues have recently exceeded RIA costs, generating a surplus. 6. Residential base rate adjustments could be made while maintaining competitiveness with peer utilities and electric service. » Recommendations – 1. Consider reducing PGA and increasing base rates to align PGA rate with PGA costs. 2. Calculate PGA rate excluding any under-recovery from the ECA. 3. Calculate ECA rate based on the customers that pay it, rather than shifting the under-recovery to the PGA. 4. Maintain current UIA rate and reset to $0.00 in the beginning of FY 2022. 5. Exclude customer service and billing costs from calculation of PGA and riders. Recover these costs in base rates through the customer charge. 6. Set RIA rate to $0.00/therm until surplus is exhausted, then recalculate to recover budgeted regulatory imposition costs. 7. Increase residential customer charge from $12.00 to $16.00 8. Reduce non-residential commodity rates by $0.04 per therm to improve alignment with cost of service. 9. Maintain Central Pasco Surcharges NATURAL GAS RATE STUDY REPORT 31 APPENDIX A: Proposed Rate Ordinance [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 1 ORDINANCE NO. 8591-149433-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHEN SUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 20142020 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractors in the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since JanuaryNovember 1, 20112014; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 2 service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required.City of Clearwater, d/b/a Clearwater Gas System (CGS). If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas divisionCGS. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 3 Tapping of all gas mains and service connections shall be done by the gas divisionCGS or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city property shall be maintained by the gas divisionCGS and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP (propane) gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. The gas divisionCGS shall have the right to meter any and all gas service lines. The gas divisionCGS alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e.., not expected to be enclosed by fencing or hedges. Locations that have multiple gas meters shall have them installed in the same point of service area as described above. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 4 and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. The gas divisionCGS reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years.. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one- fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas piping system located on the premises.leading up to and including the gas meter. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 5 to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. Clearwater Gas SystemCGS retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS ManagingExecutive Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 6 XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $12. . . . . . . . $16.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $12. . . . . . . . . . . $16.00 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0-- - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000-- - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 therms or more. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 7 Monthly customer charge . . . . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0-- - 17,999 therms. Monthly customer charge . . . . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.4238 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000-- - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $.$0.3834 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.3430 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 8 contractually agrees to curtail service at the request of the Clearwater Gas SystemCGS, subject to penalties for failure to comply. Monthly customer charge . . . . . . . . . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 Minimum monthly bill . . . . . . . . . . . . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract customers are charged for a contracted Purchased Gas Adjustment (PGA) charge but no other gas rider charges. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contract level of monthly consumption [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 9 Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): RESERVED FOR FUTURE USE Firm natural gas service for domestic gas air conditioning, combined heat & power (CHP) systems, and/or other emerging technology systems in all residences of three (3) units or fewer where the applicable load is separately metered. thly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule fuel energy charge, per therm.... 0 mum monthly bill.... 00 at the premise on a firm rate schedule (k) General natural gas air conditioning/emerging technology service (rate GAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 0-----149 tons or the projected CHP/emerging technology load is 0 – 17,999 therms per year and the applicable load is separately metered. Separate meters will be used to measure and bill this gas load from the conventional loads. Standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. hly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 10 uel energy charge, per therm.... 5 mum monthly bill.... 00 at the premise on a firm rate schedule RESERVED FOR FUTURE USE (l) Large natural gas air conditioning/emerging technology service (rate LAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or more and the applicable load is separately metered. Separate meters will be utilized to measure and bill this gas load from the conventional loads. Standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. hly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule uel energy charge, per therm.... 0 mum monthly bill.... 00 at the premise on a firm rate schedule RESERVED FOR FUTURE USE (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas and ways.located in the right of way or private property, to include service for all types of decorative lighting to enhance ambient conditions. Service may be either metered or contracted with an estimated at the sole discretion of the gas [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 11 systemannual usage when metering is not operationally feasible. The customer may elect to either: • subscribe for normal street lighting maintenance and relighting labor service, or • call Clearwater Gas SystemCGS for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or • maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas SystemCGS will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. The standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge . . . . . . . . . . . . $20.00 * Non-fuel energy charge, per therm . . . . $.$0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . . . . . . . . . . . . $20.00 * * Monthly customer charge not applicable if another customer charge is being billed at the same premise. Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas SystemCGS for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract PGA will be utilized, but no other gas rider charges will apply unless contracted for. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 12 Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System.CGS. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 13 Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." Contract PGA will be utilized but no other gas rider charges will apply unless contracted for. (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . . . . . . . . . $50.00 Non-fuel energy charge, per therm . . . . $.$0.4238 Minimum monthly bill . . . . . . . . . . . . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas SystemCGS, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year -round, whole house water heating as a minimum criteria for qualifying for service. (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 14 0 No Fills in Past 12 Months $1.80 $350415.00 1 0.1—--- 60 $1.80 $225270.00 2 60.1-----120 $1.60 $180$205.00 3 120.1-----300 $1.00 $90$140.00 4 >300 $0.90 $75$120.00 (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year -round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350395.00 1 0.1 – 60.0 $1.80 $210255.00 2 60.1— - 120 $1.60 $150195.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 15 3 120.1 - 300 $0.90 $75$120.00 4 >300 $0.80 $60105.00 (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $12. $16.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . . . . . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$12. . . . .$16.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0-----2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) units or fewer. Monthly customer charge . . . . $12. . $16.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 16 Minimum monthly bill . . . . $12. . . . . $16.00 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0-----2,500 gallons. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.30 Minimum monthly bill . . . . . . . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . . . $40.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.25 Minimum monthly bill . . . . . . . . . . $40.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered, or bulk delivered LP gas service for special applications and conditions [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 17 approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. Contract PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 18 Standard PGA charges will be utilized but no other gas rider charges will apply unless contracted for. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Commercial Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008-round purposes. Monthly customer charge . . . . . . $50.00 Non-fuel energy charge: Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . $1.00 Minimum monthly bill . . . . . . . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Commercial Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. -round purposes. Annual customer charge . . . . . . . $420.00 Non-fuel energy charge: Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . . $1.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 19 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. Standard PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas SystemCGS served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 20 Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas SystemCGS at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas SystemCGS’s purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.95 PGA, per therm. . . . $0.63 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . . $0.8553 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 21 Propane (LP) gas rate schedule PGA: PGA, Per gallon . . . . $2.12 $1.39 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 2014. March 1, 2021. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System ManagingExecutive Director annually based on historical costs and will be approved by the City Manager [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 22 or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas SystemCGS as approved by the Gas System ManagingExecutive Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate.. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . $.$0.1418 Propane (LP) Gas Rate Schedule ECA: Per, per gallon . . . . $0.14 18 The above ECA rates are as currently approved for October 2014March 1, 2021. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas SystemCGS by federal, state or local regulatory agencies. The RIA will not be [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 23 applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.12 RIA, per therm . . . . $0.00 Propane (LP) gas rate schedule RIA: Per RIA, per gallon . . . . $0.1200 The above RIA rates are as currently approved for October 2014March 1, 2021. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas SystemCGS by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas SystemCGS due to changes in use per customer from the test year values as set in the 20142020 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . .UIA, per therm . . . . $0.0007 for Residential $0.13 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00 for Residential and . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0007 for Residential $0.13 for Commercial [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 24 The above UIA rates are as currently approved for October 2014. March 1, 2021 and incorporate revenue shortfalls from Fiscal Year 2020 and 2021 prior to this Ordinance being approved. Future UIA adjustments will be based on the current rate ordinance. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is September 2014August 2020 Gas Rate Study projected index of 239.702249.639) Residential Use per customer based on 185 annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on 5,877 annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by the Clearwater Gas SystemCGS on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas SystemCGS sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas SystemCGS will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 25 gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered to the customer: The miscellaneous rates listed in this section may be reviewed and adjusted from time-to-time by the Gas Executive Director, with the approval of the City Manager or designee. Additionally, the Gas Executive Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 1. Meter and/or Pilot light turn-on residential, scheduled next business day or beyond (per account(Residential): Account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00. Meter turn-on residential, same day as requested by customer by 12:00 Noon (per account for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduledScheduled two (2) business days or beyond . . . $ 65.00 Scheduled next business day or beyond (per account. . . . . . . . . . . . . . .$ 80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2. Meter and/or Pilot light turn-on (Commercial/Industrial): Account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95(up to 4 appliances). Scheduled two (2) business days or beyond . . . $135.00 for up to 4 appliances. AddedScheduled next business day . . . . . . . . . . . . . . .$175.00 Scheduled same business day . . . . . . . . . . . . . .$215.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 26 * Beyond 4 appliances, per each, add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances, per each, add … $20.00 3. Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40). Scheduled two (2) business days or beyond . . . $ 50.00 Scheduled next business day . . . . . . . . . . . . . . .$ 65.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights) . . . $80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2.4. Replace broken stop or locks on meters . . . . Time and materials 3.5. Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials 4.6. Relocate gas meter . . . . Time and materials 5.7. Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $50.00 Turn-on or Turn-off Residential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 27 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 6.8. Standard “Time and Materials” forLabor Rates: Service and Repair, Installation, Maintenance or other work performed by CGS personnel, plus materialsany applicable material charges: 1 -person crew . . . $125.00 for Trip Charge and up to 1 hour of labor plus $25.00 for each additional time on- site/quarter hour or portion thereof. . Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2 -person crew . . . $195.00 for Trip Charge and up to 1 crew hour of labor plus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $7580.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Time and Labor Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 7.9. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours (, including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and timeapplicable charges 8.10. Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 28 operational hours (, including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge 9.11. Special meter reading at customer request, as scheduled by CGS, including billing inquiries where reading is determined to be accurate (per account). . . $45) . . . . . . . . . . . . . . . . . . . $50.00 10.12. Gas meter test at customer request-, as scheduled by CGS, if results are within limits (per meter) . . . . . . . . . $150.00 11.13. Reset residential gas meter after same customer requests removal (per meter) .), as scheduled by CGS . . . $150.00 12.14. Unauthorized tampering meter bypass or hookup . . . . Time and materials plus ten percent (10%) of the average monthly bill for each day since last reading deemed to be accurate 13.15. Emergency response for non-Clearwater Gas SystemCGS consumers or other utilities . . . . Time and materials 16. Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 29 Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master- metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials 14.17. Collector fee,: See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 15.18. Dishonored check service fee,: See Code of Ordinances, Section 2.528 16.19. Missed appointment (CGI) - Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential and Commercial . . . $50.00 17.20. Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $5055.00 trip charge if the customer requests delivery for the next business day or requests arequesting scheduled delivery for fewer2 business day out and no more than 4 business days, $75.00 trip charge for samenext business day delivery for requests received by 12:00 Noon, or $150.00 trip charge for same business day delivery service requests after 12:00 Noon and before operationalduring normal business hours end at 3:30 pm, or $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required, (CGI). 18.21. A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 30 19.22. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs………………………. . . . Time & Materials 20.23. Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. 21.24. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas SystemCGS service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas SystemCGS and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor costcosts associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas SystemCGS upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas SystemCGS: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 31 (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas SystemCGS personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of Clearwater Gas SystemCGS to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provideprovides a reasonable profit margin to the Clearwater Gas System and the extension of any CGS greater than the capital investment to serve such a customer falls within the normalas outlined in section (4)(d)2 below and the alternative energy source generates more greenhouse gas emissions than natural gas. gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions or minor changes: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas SystemCGS. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, the Clearwater Gas SystemCGS will extend service to the prospective customer under the following conditions: 1. 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the reliability and/or quality of gas service to existing customers. 2. Main and Service line extension construction feasibility. The maximum capital investment which will be made by the [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 32 Clearwater Gas SystemCGS to extend main lines and services service lines to serve a new customer(s) shall be seven10 times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: 2. annual Non-Fuel Energy (NFE) Rate x Estimatedtimes the Calculated Annual Therms/Gallons = Estimated Annual Gas Non- Fuel Revenues x 7 Years =(CAT/CAG) to be derived from the facilities PLUS 10 times the annual gas customer charge revenues. The formula shall be: 10 x (NFE Rate) x (CAT or CAG) + 10 x (Annual Customer Charge Revenues)______ = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service In order to qualify for the above CGS Capital Investment, Residential customers must maintain a year-round gas utility account and install a minimum one (1) year-round appliance (i.e., Water heater, furnace, dryer, cooking) AND a secondary gas appliance, which can be year-round or seasonal/intermittent (i.e., pool/spa heating, fireplace, generator, grills) AND have a minimum of 150 CAT/CAG consumption. All appliance consumption amounts (i.e., CAT/CAG) and “year-round” or “seasonal” determination will be set by CGS departmental policy. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 33 All line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installedfeasibilities for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibilitycommercial and industrial customers will solely rely on the Capital Investment formula or enter into a facilities charge contract sufficient to cover listed in this deficiency within a period of seven yearssection. 4. 3. Customer contribution required. If the capital construction costs to extend the main and/or service line exceed the maximum investment for construction feasibilityMaximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a non-reimbursable Contribution In Aid of Construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contractFacilities Contract Charge (FCC) rider sufficient to cover this deficiency within a period of seven10 years. Such facilities contract charges may 4. Refund of Customer Contribution in Aid of Construction. a. At the end of the first year following the date on which Gas Service to the customer meter is turned on, at the Customer’s request, CGS shall recalculate the Maximum Investment for Construction Feasibility and determine if any customer CIAC should be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges arerefunded. A re-estimation of the annual revenue (considering the actual revenue derived during the first year) shall be used to serve thesein such recalculation. CGS shall refund to the customer an amount equal to the positive difference (if any) determined by subtracting the Maximum Investment for Construction Feasibility as originally calculated under section (4)(d)2, to the actual revenues received pursuant to the provisions of section (4)(d)2. a.b. For each additional customer(s), and taking Gas Service from any point on an extended Main or Service facilities within a period of two (2) years from the in-service date [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 34 of a main extension, CGS shall refund to the extent that there are calculated excess dollars above thecustomer(s), who provided a CIAC, provided this customer requested refund consideration as described in paragraph 4a above, the amount by which the Maximum Investment for Construction Feasibility of the new customer exceeds the cost of connecting such new customer, provided that an additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these Main extension shall not have been necessary to serve such additional customer(s).. c. 5. The aggregate refund to any customer made through the provisions of (a) and (b) above shall not exceed the original CIAC of such customer. d. The extension shall at all times be the property of CGS, and any unrefunded portion of said CIAC at the end of two (2) years shall accrue to CGS. 3.5. Conversion of equipment to natural gas. The Clearwater Gas SystemCGS will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year -round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make-up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas SystemCGS for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 4.6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas SystemCGS to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas SystemCGS for all or any part of the costs incurred to accomplish such relocation of gas system facilities [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 35 to remain code compliant and resolve their potential structure conflict. 5.7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas SystemCGS (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System ManagingCGS Executive Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after NovemberMarch 1, 20142021. PASSED ON FIRST READING _____________________________ [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 36 PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 1 ORDINANCE NO. 9433-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 2020 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since November 1, 2014; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 2 All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the City of Clearwater, d/b/a Clearwater Gas System (CGS). If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with CGS. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. Tapping of all gas mains and service connections shall be done by CGS or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city property shall be maintained by CGS and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP (propane) gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities and have attained a successful final gas inspection. Only CGS employees and contractually approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 3 CGS shall have the right to meter any and all gas service lines. CGS alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e., not expected to be enclosed by fencing or hedges. Locations that have multiple gas meters shall have them installed in the same point of service area as described above. Each gas meter and service regulator and propane LP tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 4 In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. CGS reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering. No person other than an agent of the city shall remove, inspect or alter any part of the gas piping system leading up to and including the gas meter. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 5 The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. CGS retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS Executive Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . . . . . . . . . $16.00 Non-fuel energy charge, per therm . . . . $0.44 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 6 Minimum monthly bill . . . . . . . . . . . . . . . $16.00 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0 - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000 - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0 - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.38 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 7 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000 - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . .$0.34 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.30 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the CGS, subject to penalties for failure to comply. Monthly customer charge . . . . . . . . . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 Minimum monthly bill . . . . . . . . . . . . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 8 (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract customers are charged for a contracted Purchased Gas Adjustment (PGA) charge but no other gas rider charges. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): RESERVED FOR FUTURE USE (k) General natural gas air conditioning/emerging technology service (rate GAC): RESERVED FOR FUTURE USE (l) Large natural gas air conditioning/emerging technology service (rate LAC): RESERVED FOR FUTURE USE [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 9 (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas located in the right of way or private property, to include service for all types of decorative lighting to enhance ambient conditions. Service may be either metered or contracted with an estimated annual usage when metering is not operationally feasible. The customer may elect to either: • subscribe for normal street lighting maintenance and relighting labor service, or • call CGS for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or • maintain their own lights. Repair equipment and/or parts supplied by CGS will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of- way permitting and utilization charges. The standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge . . . . . . . . . . . . $20.00 * Non-fuel energy charge, per therm . . . . .$0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . . . . . . . . . . . . $20.00 * * Monthly customer charge not applicable if another customer charge is being billed at the same premise. Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through CGS for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 10 City. Contract PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by CGS. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 11 installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." Contract PGA will be utilized but no other gas rider charges will apply unless contracted for. (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . . . . . . . . . $50.00 Non-fuel energy charge, per therm . . . . .$0.38 Minimum monthly bill . . . . . . . . . . . . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by CGS, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year-round, whole house water heating as a minimum criteria for qualifying for service. (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $415.00 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 12 1 0.1--- 60 $1.80 $270.00 2 60.1---120 $1.60 $205.00 3 120.1---300 $1.00 $140.00 4 >300 $0.90 $120.00 (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year-round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $395.00 1 0.1 – 60.0 $1.80 $255.00 2 60.1 - 120 $1.60 $195.00 3 120.1 - 300 $0.90 $120.00 4 >300 $0.80 $105.00 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 13 (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . . $16.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . . . . . .$16.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0---2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) units or fewer. Monthly customer charge . . . . . . $16.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . $16.00 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 14 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0---2,500 gallons. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.30 Minimum monthly bill . . . . . . . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . . . $40.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.25 Minimum monthly bill . . . . . . . . . . $40.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered, or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 15 the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. Contract PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Standard PGA charges will be utilized but no other gas rider charges will apply unless contracted for. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 16 Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Commercial Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year-round purposes. Monthly customer charge . . . . . . $50.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . $1.00 Minimum monthly bill . . . . . . . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Commercial Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year-round purposes. Annual customer charge . . . . . . . $420.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. Standard PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 17 (3) Other gas charges. The following charges and fees may also be applied to customers of CGS served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by CGS at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 18 Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of CGS’s purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . . . $0.63 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . $0.53 Propane (LP) gas rate schedule PGA, Per gallon . . . $1.39 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for March 1, 2021. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 19 schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System Executive Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by CGS as approved by the Gas System Executive Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . .$0.18 Propane (LP) Gas Rate Schedule ECA, per gallon . . . $0.18 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 20 The above ECA rates are as currently approved for March 1, 2021. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on CGS by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.00 Propane (LP) gas rate schedule RIA, per gallon . . . . $0.00 The above RIA rates are as currently approved for March 1, 2021. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on CGS by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 21 non-fuel revenues to CGS due to changes in use per customer from the test year values as set in the 2020 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.07 for Residential $0.13 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . . $0.07 for Residential $0.13 for Commercial The above UIA rates are as currently approved for March 1, 2021 and incorporate revenue shortfalls from Fiscal Year 2020 and 2021 prior to this Ordinance being approved. Future UIA adjustments will be based on the current rate ordinance. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is August 2020 Gas Rate Study projected index of 249.639) Residential Use per customer based on 185 annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on 5,877 annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by CGS on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 22 entity (including the City of Clearwater) on the services of CGS sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and CGS will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever gas services are rendered to the customer: The miscellaneous rates listed in this section may be reviewed and adjusted from time-to-time by the Gas Executive Director, with the approval of the City Manager or designee. Additionally, the Gas Executive Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 1. Meter and/or Pilot light turn-on (Residential): Account for new customers, seasonal reconnects, and after nonpayment disconnect. Scheduled two (2) business days or beyond . . . $ 65.00 Scheduled next business day . . . . . . . . . . . . . . .$ 80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2. Meter and/or Pilot light turn-on (Commercial/Industrial): Account for new customers, seasonal reconnects, and after nonpayment disconnect (up to 4 appliances). Scheduled two (2) business days or beyond . . . $135.00 Scheduled next business day . . . . . . . . . . . . . . .$175.00 Scheduled same business day . . . . . . . . . . . . . .$215.00 * Beyond 4 appliances, per each, add $20.00 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 23 3. Meter read for account change (no meter turn-on required). Scheduled two (2) business days or beyond . . . $ 50.00 Scheduled next business day . . . . . . . . . . . . . . .$ 65.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 4. Replace broken stop or locks on meters . . . Time and materials 5. Meter or LP Tank Connection or Re-connection to customer- owned piping system . . . Time and materials 6. Relocate gas meter . . . Time and materials 7. Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials 8. Standard Time and Labor Rates: Service and Repair, Installation, Maintenance or other work performed by CGS personnel, plus any applicable material charges: 1-person crew . . . $125.00 for Trip Charge and up to 1 hour of labor plus $25.00 for each additional time on-site/quarter hour or portion thereof. Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2-person crew. . . $195.00 for Trip Charge and up to 1 crew hour of labor plus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $80.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Time and Labor Rates are based on work within the CGS Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. 9. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours, including weekends and holidays . . . Double normal applicable charges [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 24 10. Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours, including weekends, and holidays . . . Double same day charge 11. Special meter reading at customer request, as scheduled by CGS, including billing inquiries where reading is determined to be accurate (per account) . . . . . . . . . . . . . . . . . . . $50.00 12. Gas meter test at customer request, as scheduled by CGS, if results are within limits (per meter) . . . . . . . . . $150.00 13. Reset residential gas meter after same customer requests removal (per meter), as scheduled by CGS . . . $150.00 14. Unauthorized tampering meter bypass or hookup . . . Time and materials plus ten percent (10%) of the average monthly bill for each day since last reading deemed to be accurate 15. Emergency response for non-CGS consumers or other utilities . . . Time and materials 16. Propane Fuel recovery and ownership of L.P. gas from tank . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master-metered gas distribution systems as required by regulation as well as any work [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 25 required to correct deficiencies or any work required to move facilities. . . . Time and materials 17. Collector fee: See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 18. Dishonored check service fee: See Code of Ordinances, Section 2.528 19. Missed appointment - Customer not present at time as arranged or equipment not accessible. Residential and Commercial . . . $50.00 20. Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $55.00 trip charge if the customer requesting scheduled delivery for 2 business day out and no more than 4 business days $75.00 trip charge for next business day delivery $150.00 trip charge for same business day delivery service requests during normal business hours $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required (CGI). 21. A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. 22. Leak investigation (make safe only) . . . No charge If turn-on of pilots the applicable charges apply Additional repairs . . . Time & Materials 23. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 26 Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. 24. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within CGS service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by CGS and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor costs associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to CGS upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by CGS: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute CGS personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 27 (b) Contract rate level determination: It is the policy of CGS to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application provides a profit margin to CGS greater than the capital investment to serve such a customer as outlined in section (4)(d)2 below and the alternative energy source generates more greenhouse gas emissions than natural gas. (c) Rate schedule reductions or minor changes: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for CGS. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, CGS will extend service to the prospective customer under the following conditions: 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the reliability and/or quality of gas service to existing customers. 2. Main and Service line extension construction feasibility. The maximum capital investment which will be made by CGS to extend main lines and service lines to serve a new customer(s) shall be 10 times the annual Non-Fuel Energy (NFE) Rate times the Calculated Annual Therms/Gallons (CAT/CAG) to be derived from the facilities PLUS 10 times the annual gas customer charge revenues. The formula shall be: 10 x (NFE Rate) x (CAT or CAG) + 10 x (Annual Customer Charge Revenues)______ = Maximum Investment for Construction Feasibility In order to qualify for the above CGS Capital Investment, Residential customers must maintain a year-round gas utility account and install a minimum one (1) year-round appliance (i.e., Water heater, furnace, dryer, cooking) AND a secondary gas appliance, which can be year- round or seasonal/intermittent (i.e., pool/spa heating, fireplace, generator, grills) AND have a minimum of 150 CAT/CAG [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 28 consumption. All appliance consumption amounts (i.e., CAT/CAG) and “year-round” or “seasonal” determination will be set by CGS departmental policy. All line extension feasibilities for commercial and industrial customers will solely rely on the Capital Investment formula listed in this section. 3. Customer contribution required. If the capital construction costs to extend the main and/or service line exceed the Maximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a Contribution In Aid of Construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a Facilities Contract Charge (FCC) rider sufficient to cover this deficiency within a period of 10 years. 4. Refund of Customer Contribution in Aid of Construction. a. At the end of the first year following the date on which Gas Service to the customer meter is turned on, at the Customer’s request, CGS shall recalculate the Maximum Investment for Construction Feasibility and determine if any customer CIAC should be refunded. A re-estimation of the annual revenue (considering the actual revenue derived during the first year) shall be used in such recalculation. CGS shall refund to the customer an amount equal to the positive difference (if any) determined by subtracting the Maximum Investment for Construction Feasibility as originally calculated under section (4)(d)2, to the actual revenues received pursuant to the provisions of section (4)(d)2. b. For each additional customer taking Gas Service from any point on an extended Main or Service facilities within a period of two (2) years from the in-service date of a main extension, CGS shall refund to the customer(s), who provided a CIAC, provided this customer requested refund consideration as described in paragraph 4a above, the amount by which the Maximum Investment for Construction Feasibility of the new customer exceeds the cost of connecting such new customer, provided that an additional Main extension shall not have been necessary to serve such additional customer. c. The aggregate refund to any customer made through the provisions of (a) and (b) above shall not exceed the original CIAC of such customer. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 29 d. The extension shall at all times be the property of CGS, and any unrefunded portion of said CIAC at the end of two (2) years shall accrue to CGS. 5. Conversion of equipment to natural gas. CGS will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year-round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make-up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of CGS for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires CGS to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse CGS for all or any part of the costs incurred to accomplish such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by CGS (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the CGS Executive Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 30 Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after March 1, 2021. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 1 ORDINANCE NO. 8591-149433-21-A AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHEN SUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 20142020 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractors in the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since JanuaryNovember 1, 20112014; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 2 service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required.City of Clearwater, d/b/a Clearwater Gas System (CGS). If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas divisionCGS. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 3 Tapping of all gas mains and service connections shall be done by the gas divisionCGS or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city property shall be maintained by the gas divisionCGS and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP (propane) gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. The gas divisionCGS shall have the right to meter any and all gas service lines. The gas divisionCGS alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e.., not expected to be enclosed by fencing or hedges. Locations that have multiple gas meters shall have them installed in the same point of service area as described above. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 4 and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. The gas divisionCGS reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years.. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one- fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas piping system located on the premises.leading up to and including the gas meter. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 5 to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. Clearwater Gas SystemCGS retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS ManagingExecutive Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 6 XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $12. . . . . . . . $16.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $12. . . . . . . . . . . $16.00 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0-- - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000-- - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 therms or more. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 7 Monthly customer charge . . . . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0-- - 17,999 therms. Monthly customer charge . . . . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.4238 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000-- - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $.$0.3834 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.3430 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 8 contractually agrees to curtail service at the request of the Clearwater Gas SystemCGS, subject to penalties for failure to comply. Monthly customer charge . . . . . . . . . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 Minimum monthly bill . . . . . . . . . . . . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract customers are charged for a contracted Purchased Gas Adjustment (PGA) charge but no other gas rider charges. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contract level of monthly consumption [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 9 Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): RESERVED FOR FUTURE USE Firm natural gas service for domestic gas air conditioning, combined heat & power (CHP) systems, and/or other emerging technology systems in all residences of three (3) units or fewer where the applicable load is separately metered. thly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule fuel energy charge, per therm.... 0 mum monthly bill.... 00 at the premise on a firm rate schedule (k) General natural gas air conditioning/emerging technology service (rate GAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 0-----149 tons or the projected CHP/emerging technology load is 0 – 17,999 therms per year and the applicable load is separately metered. Separate meters will be used to measure and bill this gas load from the conventional loads. Standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. hly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 10 uel energy charge, per therm.... 5 mum monthly bill.... 00 at the premise on a firm rate schedule RESERVED FOR FUTURE USE (l) Large natural gas air conditioning/emerging technology service (rate LAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or more and the applicable load is separately metered. Separate meters will be utilized to measure and bill this gas load from the conventional loads. Standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. hly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule uel energy charge, per therm.... 0 mum monthly bill.... 00 at the premise on a firm rate schedule RESERVED FOR FUTURE USE (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas and ways.located in the right of way or private property, to include service for all types of decorative lighting to enhance ambient conditions. Service may be either metered or contracted with an estimated at the sole discretion of the gas [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 11 systemannual usage when metering is not operationally feasible. The customer may elect to either: • subscribe for normal street lighting maintenance and relighting labor service, or • call Clearwater Gas SystemCGS for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or • maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas SystemCGS will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. The standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge . . . . . . . . . . . . $20.00 * Non-fuel energy charge, per therm . . . . $.$0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . . . . . . . . . . . . $20.00 * * Monthly customer charge not applicable if another customer charge is being billed at the same premise. Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas SystemCGS for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract PGA will be utilized, but no other gas rider charges will apply unless contracted for. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 12 Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System.CGS. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 13 Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." Contract PGA will be utilized but no other gas rider charges will apply unless contracted for. (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . . . . . . . . . $50.00 Non-fuel energy charge, per therm . . . . $.$0.4238 Minimum monthly bill . . . . . . . . . . . . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas SystemCGS, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year -round, whole house water heating as a minimum criteria for qualifying for service. (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 14 0 No Fills in Past 12 Months $1.80 $350415.00 1 0.1—--- 60 $1.80 $225270.00 2 60.1-----120 $1.60 $180$205.00 3 120.1-----300 $1.00 $90$140.00 4 >300 $0.90 $75$120.00 (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year -round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350395.00 1 0.1 – 60.0 $1.80 $210255.00 2 60.1— - 120 $1.60 $150195.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 15 3 120.1 - 300 $0.90 $75$120.00 4 >300 $0.80 $60105.00 (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $12. $16.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . . . . . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$12. . . . .$16.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0-----2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) units or fewer. Monthly customer charge . . . . $12. . $16.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 16 Minimum monthly bill . . . . $12. . . . . $16.00 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0-----2,500 gallons. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.30 Minimum monthly bill . . . . . . . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . . . $40.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.25 Minimum monthly bill . . . . . . . . . . $40.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered, or bulk delivered LP gas service for special applications and conditions [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 17 approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. Contract PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 18 Standard PGA charges will be utilized but no other gas rider charges will apply unless contracted for. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Commercial Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008-round purposes. Monthly customer charge . . . . . . $50.00 Non-fuel energy charge: Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . $1.00 Minimum monthly bill . . . . . . . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Commercial Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. -round purposes. Annual customer charge . . . . . . . $420.00 Non-fuel energy charge: Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . . $1.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 19 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. Standard PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas SystemCGS served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 20 Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas SystemCGS at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas SystemCGS’s purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.95 PGA, per therm. . . . $0.63 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . . $0.8553 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 21 Propane (LP) gas rate schedule PGA: PGA, Per gallon . . . . $2.12 $1.39 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 2014. March 1, 2021. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System ManagingExecutive Director annually based on historical costs and will be approved by the City Manager [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 22 or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas SystemCGS as approved by the Gas System ManagingExecutive Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate.. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . $.$0.1418 Propane (LP) Gas Rate Schedule ECA: Per, per gallon . . . . $0.14 18 The above ECA rates are as currently approved for October 2014March 1, 2021. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas SystemCGS by federal, state or local regulatory agencies. The RIA will not be [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 23 applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.12 RIA, per therm . . . . $0.00 Propane (LP) gas rate schedule RIA: Per RIA, per gallon . . . . $0.1200 The above RIA rates are as currently approved for October 2014March 1, 2021. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas SystemCGS by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas SystemCGS due to changes in use per customer from the test year values as set in the 20142020 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . .UIA, per therm . . . . $0.0007 for Residential $0.13 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00 for Residential and . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0007 for Residential $0.13 for Commercial [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 24 The above UIA rates are as currently approved for October 2014. March 1, 2021 and incorporate revenue shortfalls from Fiscal Year 2020 and 2021 prior to this Ordinance being approved. Future UIA adjustments will be based on the current rate ordinance. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is September 2014August 2020 Gas Rate Study projected index of 239.702249.639) Residential Use per customer based on 185 annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on 5,877 annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by the Clearwater Gas SystemCGS on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas SystemCGS sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas SystemCGS will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 25 gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered to the customer: The miscellaneous rates listed in this section may be reviewed and adjusted from time-to-time by the Gas Executive Director, with the approval of the City Manager or designee. Additionally, the Gas Executive Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 1. Meter and/or Pilot light turn-on residential, scheduled next business day or beyond (per account(Residential): Account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00. Meter turn-on residential, same day as requested by customer by 12:00 Noon (per account for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduledScheduled two (2) business days or beyond . . . $ 65.00 Scheduled next business day or beyond (per account. . . . . . . . . . . . . . .$ 80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2. Meter and/or Pilot light turn-on (Commercial/Industrial): Account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95(up to 4 appliances). Scheduled two (2) business days or beyond . . . $135.00 for up to 4 appliances. AddedScheduled next business day . . . . . . . . . . . . . . .$175.00 Scheduled same business day . . . . . . . . . . . . . .$215.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 26 * Beyond 4 appliances, per each, add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances, per each, add … $20.00 3. Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40). Scheduled two (2) business days or beyond . . . $ 50.00 Scheduled next business day . . . . . . . . . . . . . . .$ 65.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights) . . . $80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2.4. Replace broken stop or locks on meters . . . . Time and materials 3.5. Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials 4.6. Relocate gas meter . . . . Time and materials 5.7. Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $50.00 Turn-on or Turn-off Residential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 27 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 6.8. Standard “Time and Materials” forLabor Rates: Service and Repair, Installation, Maintenance or other work performed by CGS personnel, plus materialsany applicable material charges: 1 -person crew . . . $125.00 for Trip Charge and up to 1 hour of labor plus $25.00 for each additional time on- site/quarter hour or portion thereof. . Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2 -person crew . . . $195.00 for Trip Charge and up to 1 crew hour of labor plus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $7580.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Time and Labor Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 7.9. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours (, including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and timeapplicable charges 8.10. Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 28 operational hours (, including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge 9.11. Special meter reading at customer request, as scheduled by CGS, including billing inquiries where reading is determined to be accurate (per account). . . $45) . . . . . . . . . . . . . . . . . . . $50.00 10.12. Gas meter test at customer request-, as scheduled by CGS, if results are within limits (per meter) . . . . . . . . . $150.00 11.13. Reset residential gas meter after same customer requests removal (per meter) .), as scheduled by CGS . . . $150.00 12.14. Unauthorized tampering meter bypass or hookup . . . . Time and materials plus ten percent (10%) of the average monthly bill for each day since last reading deemed to be accurate 13.15. Emergency response for non-Clearwater Gas SystemCGS consumers or other utilities . . . . Time and materials 16. Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 29 Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master- metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials 14.17. Collector fee,: See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 15.18. Dishonored check service fee,: See Code of Ordinances, Section 2.528 16.19. Missed appointment (CGI) - Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential and Commercial . . . $50.00 17.20. Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $5055.00 trip charge if the customer requests delivery for the next business day or requests arequesting scheduled delivery for fewer2 business day out and no more than 4 business days, $75.00 trip charge for samenext business day delivery for requests received by 12:00 Noon, or $150.00 trip charge for same business day delivery service requests after 12:00 Noon and before operationalduring normal business hours end at 3:30 pm, or $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required, (CGI). 18.21. A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 30 19.22. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs………………………. . . . Time & Materials 20.23. Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. 21.24. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas SystemCGS service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas SystemCGS and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor costcosts associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas SystemCGS upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas SystemCGS: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 31 (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas SystemCGS personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of Clearwater Gas SystemCGS to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provideprovides a reasonable profit margin to the Clearwater Gas System and the extension of any CGS greater than the capital investment to serve such a customer falls within the normalas outlined in section (4)(d)2 below and the alternative energy source generates more greenhouse gas emissions than natural gas. gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions or minor changes: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas SystemCGS. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, the Clearwater Gas SystemCGS will extend service to the prospective customer under the following conditions: 1. 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the reliability and/or quality of gas service to existing customers. 2. Main and Service line extension construction feasibility. The maximum capital investment which will be made by the [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 32 Clearwater Gas SystemCGS to extend main lines and services service lines to serve a new customer(s) shall be seven10 times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: 2. annual Non-Fuel Energy (NFE) Rate x Estimatedtimes the Calculated Annual Therms/Gallons = Estimated Annual Gas Non- Fuel Revenues x 7 Years =(CAT/CAG) to be derived from the facilities PLUS 10 times the annual gas customer charge revenues. The formula shall be: 10 x (NFE Rate) x (CAT or CAG) + 10 x (Annual Customer Charge Revenues)______ = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service In order to qualify for the above CGS Capital Investment, Residential customers must maintain a year-round gas utility account and install a minimum one (1) year-round appliance (i.e., Water heater, furnace, dryer, cooking) AND a secondary gas appliance, which can be year-round or seasonal/intermittent (i.e., pool/spa heating, fireplace, generator, grills) AND have a minimum of 150 CAT/CAG consumption. All appliance consumption amounts (i.e., CAT/CAG) and “year-round” or “seasonal” determination will be set by CGS departmental policy. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 33 All line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installedfeasibilities for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibilitycommercial and industrial customers will solely rely on the Capital Investment formula or enter into a facilities charge contract sufficient to cover listed in this deficiency within a period of seven yearssection. 4. 3. Customer contribution required. If the capital construction costs to extend the main and/or service line exceed the maximum investment for construction feasibilityMaximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a non-reimbursable Contribution In Aid of Construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contractFacilities Contract Charge (FCC) rider sufficient to cover this deficiency within a period of seven10 years. Such facilities contract charges may 4. Refund of Customer Contribution in Aid of Construction. a. At the end of the first year following the date on which Gas Service to the customer meter is turned on, at the Customer’s request, CGS shall recalculate the Maximum Investment for Construction Feasibility and determine if any customer CIAC should be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges arerefunded. A re-estimation of the annual revenue (considering the actual revenue derived during the first year) shall be used to serve thesein such recalculation. CGS shall refund to the customer an amount equal to the positive difference (if any) determined by subtracting the Maximum Investment for Construction Feasibility as originally calculated under section (4)(d)2, to the actual revenues received pursuant to the provisions of section (4)(d)2. a.b. For each additional customer(s), and taking Gas Service from any point on an extended Main or Service facilities within a period of two (2) years from the in-service date [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 34 of a main extension, CGS shall refund to the extent that there are calculated excess dollars above thecustomer(s), who provided a CIAC, provided this customer requested refund consideration as described in paragraph 4a above, the amount by which the Maximum Investment for Construction Feasibility of the new customer exceeds the cost of connecting such new customer, provided that an additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these Main extension shall not have been necessary to serve such additional customer(s).. c. 5. The aggregate refund to any customer made through the provisions of (a) and (b) above shall not exceed the original CIAC of such customer. d. The extension shall at all times be the property of CGS, and any unrefunded portion of said CIAC at the end of two (2) years shall accrue to CGS. 3.5. Conversion of equipment to natural gas. The Clearwater Gas SystemCGS will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year -round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make-up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas SystemCGS for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 4.6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas SystemCGS to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas SystemCGS for all or any part of the costs incurred to accomplish such relocation of gas system facilities [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 35 to remain code compliant and resolve their potential structure conflict. 5.7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas SystemCGS (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System ManagingCGS Executive Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after NovemberMarch 1, 20142021. PASSED ON FIRST READING _____________________________ [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 36 PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 1 ORDINANCE NO. 8591-149433-21-B AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHEN SUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 20142020 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractors in the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since JanuaryNovember 1, 20112014; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 2 service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required.City of Clearwater, d/b/a Clearwater Gas System (CGS). If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas divisionCGS. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 3 Tapping of all gas mains and service connections shall be done by the gas divisionCGS or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city property shall be maintained by the gas divisionCGS and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP (propane) gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. The gas divisionCGS shall have the right to meter any and all gas service lines. The gas divisionCGS alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e.., not expected to be enclosed by fencing or hedges. Locations that have multiple gas meters shall have them installed in the same point of service area as described above. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 4 and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. The gas divisionCGS reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years.. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one- fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas piping system located on the premises.leading up to and including the gas meter. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 5 to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. Clearwater Gas SystemCGS retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS ManagingExecutive Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 6 XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $12. . . . . . . . $14.00* Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $12. . . . . . . . . . . $14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0-- - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000-- - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 7 buildings of four or more and the total annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0-- - 17,999 therms. Monthly customer charge . . . . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.4240* Minimum monthly bill . . . . . . . . . . . . . . . $25.00 *Note: The Non-fuel energy charge rate will decrease to $0.38 per therm, effective 3/1/22. (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000-- - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $.$0.3836* Minimum monthly bill . . . . . . . . . . . . . . . $40.00 *Note: The Non-fuel energy charge rate will decrease to $0.34 per therm, effective 3/1/22. (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 8 Non-fuel energy charge, per therm . . . . $0.3432* Minimum monthly bill . . . . . . . . . . . . . . . $95.00 *Note: The Non-fuel energy charge rate will decrease to $0.30 per therm, effective 3/1/22. (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas SystemCGS, subject to penalties for failure to comply. Monthly customer charge . . . . . . . . . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 Minimum monthly bill . . . . . . . . . . . . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract customers are charged for a contracted Purchased Gas Adjustment (PGA) charge but no other gas rider charges. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 9 Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): RESERVED FOR FUTURE USE Firm natural gas service for domestic gas air conditioning, combined heat & power (CHP) systems, and/or other emerging technology systems in all residences of three (3) units or fewer where the applicable load is separately metered. thly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule fuel energy charge, per therm.... 0 mum monthly bill.... 00 at the premise on a firm rate schedule (k) General natural gas air conditioning/emerging technology service (rate GAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 10 commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 0-----149 tons or the projected CHP/emerging technology load is 0 – 17,999 therms per year and the applicable load is separately metered. Separate meters will be used to measure and bill this gas load from the conventional loads. Standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. hly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule uel energy charge, per therm.... 5 mum monthly bill.... 00 at the premise on a firm rate schedule RESERVED FOR FUTURE USE (l) Large natural gas air conditioning/emerging technology service (rate LAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or more and the applicable load is separately metered. Separate meters will be utilized to measure and bill this gas load from the conventional loads. Standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. hly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule uel energy charge, per therm.... 0 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 11 mum monthly bill.... 00 at the premise on a firm rate schedule RESERVED FOR FUTURE USE (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas and ways.located in the right of way or private property, to include service for all types of decorative lighting to enhance ambient conditions. Service may be either metered or contracted with an estimated at the sole discretion of the gas systemannual usage when metering is not operationally feasible. The customer may elect to either: • subscribe for normal street lighting maintenance and relighting labor service, or • call Clearwater Gas SystemCGS for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or • maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas SystemCGS will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. The standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge . . . . . . . . . . . . $20.00 * Non-fuel energy charge, per therm . . . . $.$0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . . . . . . . . . . . . $20.00 * * Monthly customer charge not applicable if another customer charge is being billed at the same premise. Plus any applicable facilities contract charges [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 12 (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas SystemCGS for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System.CGS. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 13 Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." Contract PGA will be utilized but no other gas rider charges will apply unless contracted for. (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . . . . . . . . . $50.00 Non-fuel energy charge, per therm . . . . $.$0.4240* Minimum monthly bill . . . . . . . . . . . . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account *Note: The Non-fuel energy charge rate will decrease to $0.38 per therm, effective 3/1/22. (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas SystemCGS, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year -round, whole house water heating as a minimum criteria for qualifying for service. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 14 (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge* 0 No Fills in Past 12 Months $1.80 $350375.00 1 0.1—--- 60 $1.80 $225250.00 2 60.1-----120 $1.60 $180$205.00 3 120.1-----300 $1.00 $90$115.00 4 >300 $0.90 $75$100.00 *Note: The Non-refundable Annual Customer Charge will increase by $20 per year, effective 3/1/22, for all Usage Classes. (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year -round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 15 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge* 0 No Fills in Past 12 Months $1.80 $350375.00 1 0.1 – 60.0 $1.80 $210235.00 2 60.1— - 120 $1.60 $150175.00 3 120.1 - 300 $0.90 $75$100.00 4 >300 $0.80 $6085.00 *Note: The Non-refundable Annual Customer Charge will increase by $20 per year, effective 3/1/22, for all Usage Classes. (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $12. $14.00* Non-Fuel Energy Charge Per gallon . . . . . . . . . . . . . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$12. . . . .$14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22. (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 16 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0-----2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) units or fewer. Monthly customer charge . . . . $12. . $14.00* Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . $12. . . . . $14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22. (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0-----2,500 gallons. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 17 Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.30 Minimum monthly bill . . . . . . . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . . . $40.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.25 Minimum monthly bill . . . . . . . . . . $40.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered, or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 18 executed. Contract PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Standard PGA charges will be utilized but no other gas rider charges will apply unless contracted for. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Commercial Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008-round purposes. Monthly customer charge . . . . . . $50.00 Non-fuel energy charge: Non-fuel energy charge: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 19 Per gallon . . . . . . . . . . . . . . . $1.00 Minimum monthly bill . . . . . . . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Commercial Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. -round purposes. Annual customer charge . . . . . . . $420.00 Non-fuel energy charge: Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. Standard PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas SystemCGS served under an applicable natural gas or propane (LP) gas service rate: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 20 (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas SystemCGS at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 21 (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas SystemCGS’s purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.95 PGA, per therm. . . . $0.63 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . . $0.8553 Propane (LP) gas rate schedule PGA: PGA, Per gallon . . . . $2.12 $1.39 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 2014. March 1, 2021. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 22 Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System ManagingExecutive Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas SystemCGS as approved by the Gas System ManagingExecutive Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate.. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . $.$0.1418 Propane (LP) Gas Rate Schedule ECA: Per, per gallon . . . . $0.14 18 The above ECA rates are as currently approved for October 2014March 1, 2021. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 23 and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas SystemCGS by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.12 RIA, per therm . . . . $0.00 Propane (LP) gas rate schedule RIA: Per RIA, per gallon . . . . $0.1200 The above RIA rates are as currently approved for October 2014March 1, 2021. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas SystemCGS by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas SystemCGS due to changes in use per customer from the test year values as set in the 20142020 Gas Rate Study (see below) as well as the change in [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 24 inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . .UIA, per therm . . . . $0.0007 for Residential $0.13 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00 for Residential and . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0007 for Residential $0.13 for Commercial The above UIA rates are as currently approved for October 2014. March 1, 2021 and incorporate revenue shortfalls from Fiscal Year 2020 and 2021 prior to this Ordinance being approved. Future UIA adjustments will be based on the current rate ordinance. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is September 2014August 2020 Gas Rate Study projected index of 239.702249.639) Residential Use per customer based on 185 annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on 5,877 annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by the Clearwater Gas SystemCGS on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 25 any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas SystemCGS sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas SystemCGS will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered to the customer: The miscellaneous rates listed in this section may be reviewed and adjusted from time-to-time by the Gas Executive Director, with the approval of the City Manager or designee. Additionally, the Gas Executive Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 1. Meter and/or Pilot light turn-on residential, scheduled next business day or beyond (per account(Residential): Account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00. Meter turn-on residential, same day as requested by customer by 12:00 Noon (per account for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduledScheduled two (2) business days or beyond . . . $ 65.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 26 Scheduled next business day or beyond (per account. . . . . . . . . . . . . . .$ 80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2. Meter and/or Pilot light turn-on (Commercial/Industrial): Account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95(up to 4 appliances). Scheduled two (2) business days or beyond . . . $135.00 for up to 4 appliances. AddedScheduled next business day . . . . . . . . . . . . . . .$175.00 Scheduled same business day . . . . . . . . . . . . . .$215.00 * Beyond 4 appliances, per each, add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances, per each, add … $20.00 3. Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40). Scheduled two (2) business days or beyond . . . $ 50.00 Scheduled next business day . . . . . . . . . . . . . . .$ 65.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights) . . . $80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2.4. Replace broken stop or locks on meters . . . . Time and materials 3.5. Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials 4.6. Relocate gas meter . . . . Time and materials [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 27 5.7. Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $50.00 Turn-on or Turn-off Residential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 6.8. Standard “Time and Materials” forLabor Rates: Service and Repair, Installation, Maintenance or other work performed by CGS personnel, plus materialsany applicable material charges: 1 -person crew . . . $125.00 for Trip Charge and up to 1 hour of labor plus $25.00 for each additional time on- site/quarter hour or portion thereof. . Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2 -person crew . . . $195.00 for Trip Charge and up to 1 crew hour of labor plus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $7580.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Time and Labor Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 28 adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 7.9. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours (, including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and timeapplicable charges 8.10. Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours (, including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge 9.11. Special meter reading at customer request, as scheduled by CGS, including billing inquiries where reading is determined to be accurate (per account). . . $45) . . . . . . . . . . . . . . . . . . . $50.00 10.12. Gas meter test at customer request-, as scheduled by CGS, if results are within limits (per meter) . . . . . . . . . $150.00 11.13. Reset residential gas meter after same customer requests removal (per meter) .), as scheduled by CGS . . . $150.00 12.14. Unauthorized tampering meter bypass or hookup . . . . Time and materials plus ten percent (10%) of the average monthly bill for each day since last reading deemed to be accurate 13.15. Emergency response for non-Clearwater Gas SystemCGS consumers or other utilities . . . . Time and materials 16. Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 29 underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master- metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials 14.17. Collector fee,: See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 15.18. Dishonored check service fee,: See Code of Ordinances, Section 2.528 16.19. Missed appointment (CGI) - Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential and Commercial . . . $50.00 17.20. Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $5055.00 trip charge if the customer requests delivery for the next business day or requests arequesting scheduled delivery for fewer2 business day out and no more than 4 business days, $75.00 trip charge for samenext business day delivery for requests received by 12:00 Noon, or [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 30 $150.00 trip charge for same business day delivery service requests after 12:00 Noon and before operationalduring normal business hours end at 3:30 pm, or $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required, (CGI). 18.21. A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. 19.22. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs………………………. . . . Time & Materials 20.23. Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. 21.24. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas SystemCGS service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas SystemCGS and through negligence or accident or otherwise has been deemed liable for the [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 31 damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor costcosts associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas SystemCGS upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas SystemCGS: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas SystemCGS personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of Clearwater Gas SystemCGS to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provideprovides a reasonable profit margin to the Clearwater Gas System and the extension of any CGS greater than the capital investment to serve such a customer falls within the normalas outlined in section (4)(d)2 below and the alternative energy source generates more greenhouse gas emissions than natural gas. gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions or minor changes: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas SystemCGS. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 32 (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, the Clearwater Gas SystemCGS will extend service to the prospective customer under the following conditions: 1. 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the reliability and/or quality of gas service to existing customers. 2. Main and Service line extension construction feasibility. The maximum capital investment which will be made by the Clearwater Gas SystemCGS to extend main lines and services service lines to serve a new customer(s) shall be seven10 times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: 2. annual Non-Fuel Energy (NFE) Rate x Estimatedtimes the Calculated Annual Therms/Gallons = Estimated Annual Gas Non- Fuel Revenues x 7 Years =(CAT/CAG) to be derived from the facilities PLUS 10 times the annual gas customer charge revenues. The formula shall be: 10 x (NFE Rate) x (CAT or CAG) + 10 x (Annual Customer Charge Revenues)______ = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 33 heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service In order to qualify for the above CGS Capital Investment, Residential customers must maintain a year-round gas utility account and install a minimum one (1) year-round appliance (i.e., Water heater, furnace, dryer, cooking) AND a secondary gas appliance, which can be year-round or seasonal/intermittent (i.e., pool/spa heating, fireplace, generator, grills) AND have a minimum of 150 CAT/CAG consumption. All appliance consumption amounts (i.e., CAT/CAG) and “year-round” or “seasonal” determination will be set by CGS departmental policy. All line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installedfeasibilities for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibilitycommercial and industrial customers will solely rely on the Capital Investment formula or enter into a facilities charge contract sufficient to cover listed in this deficiency within a period of seven yearssection. 4. 3. Customer contribution required. If the capital construction costs to extend the main and/or service line exceed the maximum investment for construction feasibilityMaximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a non-reimbursable Contribution In Aid of Construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contractFacilities Contract Charge (FCC) rider sufficient to cover this deficiency within a period of seven10 years. Such facilities contract charges may 4. Refund of Customer Contribution in Aid of Construction. a. At the end of the first year following the date on which Gas Service to the customer meter is turned on, at the Customer’s request, CGS shall recalculate the Maximum Investment for Construction Feasibility and determine if any customer CIAC should be reduced or potentially discontinued entirely to the [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 34 extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges arerefunded. A re-estimation of the annual revenue (considering the actual revenue derived during the first year) shall be used to serve thesein such recalculation. CGS shall refund to the customer an amount equal to the positive difference (if any) determined by subtracting the Maximum Investment for Construction Feasibility as originally calculated under section (4)(d)2, to the actual revenues received pursuant to the provisions of section (4)(d)2. a.b. For each additional customer(s), and taking Gas Service from any point on an extended Main or Service facilities within a period of two (2) years from the in-service date of a main extension, CGS shall refund to the extent that there are calculated excess dollars above thecustomer(s), who provided a CIAC, provided this customer requested refund consideration as described in paragraph 4a above, the amount by which the Maximum Investment for Construction Feasibility of the new customer exceeds the cost of connecting such new customer, provided that an additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these Main extension shall not have been necessary to serve such additional customer(s).. c. 5. The aggregate refund to any customer made through the provisions of (a) and (b) above shall not exceed the original CIAC of such customer. d. The extension shall at all times be the property of CGS, and any unrefunded portion of said CIAC at the end of two (2) years shall accrue to CGS. 3.5. Conversion of equipment to natural gas. The Clearwater Gas SystemCGS will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year -round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make-up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 35 SystemCGS for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 4.6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas SystemCGS to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas SystemCGS for all or any part of the costs incurred to accomplish such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 5.7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas SystemCGS (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System ManagingCGS Executive Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 36 Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after NovemberMarch 1, 20142021. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 1 ORDINANCE NO. 8591-149433-21-C AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHEN SUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 20142020 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractors in the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since JanuaryNovember 1, 20112014; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 2 service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required.City of Clearwater, d/b/a Clearwater Gas System (CGS). If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas divisionCGS. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 3 Tapping of all gas mains and service connections shall be done by the gas divisionCGS or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city property shall be maintained by the gas divisionCGS and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP (propane) gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. The gas divisionCGS shall have the right to meter any and all gas service lines. The gas divisionCGS alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e.., not expected to be enclosed by fencing or hedges. Locations that have multiple gas meters shall have them installed in the same point of service area as described above. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 4 and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. The gas divisionCGS reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years.. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one- fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas piping system located on the premises.leading up to and including the gas meter. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 5 to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. Clearwater Gas SystemCGS retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS ManagingExecutive Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 6 XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $12. . . . . . . . $14.00* Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $12. . . . . . . . . . . $14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0-- - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000-- - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 7 buildings of four or more and the total annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0-- - 17,999 therms. Monthly customer charge . . . . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.4238 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000-- - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $.$0.3834 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.3430 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 8 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas SystemCGS, subject to penalties for failure to comply. Monthly customer charge . . . . . . . . . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 Minimum monthly bill . . . . . . . . . . . . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract customers are charged for a contracted Purchased Gas Adjustment (PGA) charge but no other gas rider charges. Monthly customer charge.... The same as the normally applicable service class [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 9 Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): RESERVED FOR FUTURE USE Firm natural gas service for domestic gas air conditioning, combined heat & power (CHP) systems, and/or other emerging technology systems in all residences of three (3) units or fewer where the applicable load is separately metered. thly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule fuel energy charge, per therm.... 0 mum monthly bill.... 00 at the premise on a firm rate schedule (k) General natural gas air conditioning/emerging technology service (rate GAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 0-----149 tons or the projected CHP/emerging technology load is 0 – 17,999 therms per year and the applicable load is separately metered. Separate meters will be used to measure and bill this gas load from the [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 10 conventional loads. Standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. hly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule uel energy charge, per therm.... 5 mum monthly bill.... 00 at the premise on a firm rate schedule RESERVED FOR FUTURE USE (l) Large natural gas air conditioning/emerging technology service (rate LAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or more and the applicable load is separately metered. Separate meters will be utilized to measure and bill this gas load from the conventional loads. Standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. hly customer charge.... 00 only if this is not already being billed on another metered account at the premise on a firm rate schedule uel energy charge, per therm.... 0 mum monthly bill.... 00 at the premise on a firm rate schedule [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 11 RESERVED FOR FUTURE USE (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas and ways.located in the right of way or private property, to include service for all types of decorative lighting to enhance ambient conditions. Service may be either metered or contracted with an estimated at the sole discretion of the gas systemannual usage when metering is not operationally feasible. The customer may elect to either: • subscribe for normal street lighting maintenance and relighting labor service, or • call Clearwater Gas SystemCGS for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or • maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas SystemCGS will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. The standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge . . . . . . . . . . . . $20.00 * Non-fuel energy charge, per therm . . . . $.$0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . . . . . . . . . . . . $20.00 * * Monthly customer charge not applicable if another customer charge is being billed at the same premise. Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas SystemCGS for supply to another gas system or an individual [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 12 customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System.CGS. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 13 billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." Contract PGA will be utilized but no other gas rider charges will apply unless contracted for. (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . . . . . . . . . $50.00 Non-fuel energy charge, per therm . . . . $.$0.4238 Minimum monthly bill . . . . . . . . . . . . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas SystemCGS, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year -round, whole house water heating as a minimum criteria for qualifying for service. (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 14 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge* 0 No Fills in Past 12 Months $1.80 $350375.00 1 0.1—--- 60 $1.80 $225250.00 2 60.1-----120 $1.60 $180$205.00 3 120.1-----300 $1.00 $90$115.00 4 >300 $0.90 $75$100.00 *Note: The Non-refundable Annual Customer Charge will increase by $20 per year, effective 3/1/22, for all Usage Classes. (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year -round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge* [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 15 0 No Fills in Past 12 Months $1.80 $350375.00 1 0.1 – 60.0 $1.80 $210235.00 2 60.1— - 120 $1.60 $150175.00 3 120.1 - 300 $0.90 $75$100.00 4 >300 $0.80 $6085.00 *Note: The Non-refundable Annual Customer Charge will increase by $20 per year, effective 3/1/22, for all Usage Classes. (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $12. $14.00* Non-Fuel Energy Charge Per gallon . . . . . . . . . . . . . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$12. . . . .$14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22. (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 16 1 0-----2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) units or fewer. Monthly customer charge . . . . $12. . $14.00* Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . $12. . . . . $14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22. (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0-----2,500 gallons. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.30 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 17 Minimum monthly bill . . . . . . . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . . . $40.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.25 Minimum monthly bill . . . . . . . . . . $40.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered, or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. Contract PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 18 normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Standard PGA charges will be utilized but no other gas rider charges will apply unless contracted for. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Commercial Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008-round purposes. Monthly customer charge . . . . . . $50.00 Non-fuel energy charge: Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . $1.00 Minimum monthly bill . . . . . . . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 19 (l) Commercial Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. -round purposes. Annual customer charge . . . . . . . $420.00 Non-fuel energy charge: Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. Standard PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas SystemCGS served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 20 On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas SystemCGS at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas SystemCGS’s purchased gas supply, including losses and use by gas [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 21 system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.95 PGA, per therm. . . . $0.63 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . . $0.8553 Propane (LP) gas rate schedule PGA: PGA, Per gallon . . . . $2.12 $1.39 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 2014. March 1, 2021. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 22 Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System ManagingExecutive Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas SystemCGS as approved by the Gas System ManagingExecutive Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate.. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . $.$0.1418 Propane (LP) Gas Rate Schedule ECA: Per, per gallon . . . . $0.14 18 The above ECA rates are as currently approved for October 2014March 1, 2021. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 23 will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas SystemCGS by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.12 RIA, per therm . . . . $0.00 Propane (LP) gas rate schedule RIA: Per RIA, per gallon . . . . $0.1200 The above RIA rates are as currently approved for October 2014March 1, 2021. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas SystemCGS by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas SystemCGS due to changes in use per customer from the test year values as set in the 20142020 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 24 Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . .UIA, per therm . . . . $0.0007 for Residential $0.13 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00 for Residential and . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0007 for Residential $0.13 for Commercial The above UIA rates are as currently approved for October 2014. March 1, 2021 and incorporate revenue shortfalls from Fiscal Year 2020 and 2021 prior to this Ordinance being approved. Future UIA adjustments will be based on the current rate ordinance. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is September 2014August 2020 Gas Rate Study projected index of 239.702249.639) Residential Use per customer based on 185 annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on 5,877 annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by the Clearwater Gas SystemCGS on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas SystemCGS sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 25 franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas SystemCGS will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered to the customer: The miscellaneous rates listed in this section may be reviewed and adjusted from time-to-time by the Gas Executive Director, with the approval of the City Manager or designee. Additionally, the Gas Executive Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 1. Meter and/or Pilot light turn-on residential, scheduled next business day or beyond (per account(Residential): Account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00. Meter turn-on residential, same day as requested by customer by 12:00 Noon (per account for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduledScheduled two (2) business days or beyond . . . $ 65.00 Scheduled next business day or beyond (per account. . . . . . . . . . . . . . .$ 80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 26 2. Meter and/or Pilot light turn-on (Commercial/Industrial): Account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95(up to 4 appliances). Scheduled two (2) business days or beyond . . . $135.00 for up to 4 appliances. AddedScheduled next business day . . . . . . . . . . . . . . .$175.00 Scheduled same business day . . . . . . . . . . . . . .$215.00 * Beyond 4 appliances, per each, add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances, per each, add … $20.00 3. Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40). Scheduled two (2) business days or beyond . . . $ 50.00 Scheduled next business day . . . . . . . . . . . . . . .$ 65.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights) . . . $80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2.4. Replace broken stop or locks on meters . . . . Time and materials 3.5. Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials 4.6. Relocate gas meter . . . . Time and materials 5.7. Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 27 Turn-on or Turn-off Residential gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $50.00 Turn-on or Turn-off Residential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 6.8. Standard “Time and Materials” forLabor Rates: Service and Repair, Installation, Maintenance or other work performed by CGS personnel, plus materialsany applicable material charges: 1 -person crew . . . $125.00 for Trip Charge and up to 1 hour of labor plus $25.00 for each additional time on- site/quarter hour or portion thereof. . Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2 -person crew . . . $195.00 for Trip Charge and up to 1 crew hour of labor plus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $7580.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Time and Labor Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 28 regularly use CGS’ Service & Repair and will contractually subscribe for such use. 7.9. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours (, including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and timeapplicable charges 8.10. Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours (, including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge 9.11. Special meter reading at customer request, as scheduled by CGS, including billing inquiries where reading is determined to be accurate (per account). . . $45) . . . . . . . . . . . . . . . . . . . $50.00 10.12. Gas meter test at customer request-, as scheduled by CGS, if results are within limits (per meter) . . . . . . . . . $150.00 11.13. Reset residential gas meter after same customer requests removal (per meter) .), as scheduled by CGS . . . $150.00 12.14. Unauthorized tampering meter bypass or hookup . . . . Time and materials plus ten percent (10%) of the average monthly bill for each day since last reading deemed to be accurate 13.15. Emergency response for non-Clearwater Gas SystemCGS consumers or other utilities . . . . Time and materials 16. Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 29 and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master- metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials 14.17. Collector fee,: See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 15.18. Dishonored check service fee,: See Code of Ordinances, Section 2.528 16.19. Missed appointment (CGI) - Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential and Commercial . . . $50.00 17.20. Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $5055.00 trip charge if the customer requests delivery for the next business day or requests arequesting scheduled delivery for fewer2 business day out and no more than 4 business days, $75.00 trip charge for samenext business day delivery for requests received by 12:00 Noon, or $150.00 trip charge for same business day delivery service requests after 12:00 Noon and before operationalduring normal business hours end at 3:30 pm, or [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 30 $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required, (CGI). 18.21. A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. 19.22. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs………………………. . . . Time & Materials 20.23. Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. 21.24. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas SystemCGS service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas SystemCGS and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor costcosts associated with turning off and [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 31 on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas SystemCGS upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas SystemCGS: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas SystemCGS personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of Clearwater Gas SystemCGS to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provideprovides a reasonable profit margin to the Clearwater Gas System and the extension of any CGS greater than the capital investment to serve such a customer falls within the normalas outlined in section (4)(d)2 below and the alternative energy source generates more greenhouse gas emissions than natural gas. gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions or minor changes: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas SystemCGS. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, the Clearwater [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 32 Gas SystemCGS will extend service to the prospective customer under the following conditions: 1. 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the reliability and/or quality of gas service to existing customers. 2. Main and Service line extension construction feasibility. The maximum capital investment which will be made by the Clearwater Gas SystemCGS to extend main lines and services service lines to serve a new customer(s) shall be seven10 times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: 2. annual Non-Fuel Energy (NFE) Rate x Estimatedtimes the Calculated Annual Therms/Gallons = Estimated Annual Gas Non- Fuel Revenues x 7 Years =(CAT/CAG) to be derived from the facilities PLUS 10 times the annual gas customer charge revenues. The formula shall be: 10 x (NFE Rate) x (CAT or CAG) + 10 x (Annual Customer Charge Revenues)______ = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 33 The cost of such service In order to qualify for the above CGS Capital Investment, Residential customers must maintain a year-round gas utility account and install a minimum one (1) year-round appliance (i.e., Water heater, furnace, dryer, cooking) AND a secondary gas appliance, which can be year-round or seasonal/intermittent (i.e., pool/spa heating, fireplace, generator, grills) AND have a minimum of 150 CAT/CAG consumption. All appliance consumption amounts (i.e., CAT/CAG) and “year-round” or “seasonal” determination will be set by CGS departmental policy. All line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installedfeasibilities for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibilitycommercial and industrial customers will solely rely on the Capital Investment formula or enter into a facilities charge contract sufficient to cover listed in this deficiency within a period of seven yearssection. 4. 3. Customer contribution required. If the capital construction costs to extend the main and/or service line exceed the maximum investment for construction feasibilityMaximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a non-reimbursable Contribution In Aid of Construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contractFacilities Contract Charge (FCC) rider sufficient to cover this deficiency within a period of seven10 years. Such facilities contract charges may 4. Refund of Customer Contribution in Aid of Construction. a. At the end of the first year following the date on which Gas Service to the customer meter is turned on, at the Customer’s request, CGS shall recalculate the Maximum Investment for Construction Feasibility and determine if any customer CIAC should be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges arerefunded. A re-estimation of the annual revenue [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 34 (considering the actual revenue derived during the first year) shall be used to serve thesein such recalculation. CGS shall refund to the customer an amount equal to the positive difference (if any) determined by subtracting the Maximum Investment for Construction Feasibility as originally calculated under section (4)(d)2, to the actual revenues received pursuant to the provisions of section (4)(d)2. a.b. For each additional customer(s), and taking Gas Service from any point on an extended Main or Service facilities within a period of two (2) years from the in-service date of a main extension, CGS shall refund to the extent that there are calculated excess dollars above thecustomer(s), who provided a CIAC, provided this customer requested refund consideration as described in paragraph 4a above, the amount by which the Maximum Investment for Construction Feasibility of the new customer exceeds the cost of connecting such new customer, provided that an additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these Main extension shall not have been necessary to serve such additional customer(s).. c. 5. The aggregate refund to any customer made through the provisions of (a) and (b) above shall not exceed the original CIAC of such customer. d. The extension shall at all times be the property of CGS, and any unrefunded portion of said CIAC at the end of two (2) years shall accrue to CGS. 3.5. Conversion of equipment to natural gas. The Clearwater Gas SystemCGS will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year -round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make-up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas SystemCGS for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 35 4.6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas SystemCGS to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas SystemCGS for all or any part of the costs incurred to accomplish such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 5.7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas SystemCGS (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System ManagingCGS Executive Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after NovemberMarch 1, 20142021. [GM19-2064-094/263624/1] Ordinance No. 8591-14 Page9433-21 Page 36 PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Gas Rate Ordinance - Options Option 1 from Work Session presentation - $4/month Residential increase, $0.04/therm commercial reduction Option 2 - $2 Res year 1, $2 Res year 2; $0.02 commercial year 1, $0.02 commercial year 2 Option 3 - $2 Res year 1, $2 Res year 2; $0.04 commercial year 1 Description 2021 2022 2023 2024 2025 Status Quo - As Presented to City Council on Feb 1 Projected Fund Balance (Status Quo)22,789,755$ 22,335,215$ 22,321,293$ 22,373,633$ 21,338,820$ Projected Fund Balance - Days O&M 219 210 205 200 187 Minimum Reserves - Target Days 180 180 180 180 180 Projected Fund Balance - Option 2 22,481,469$ 22,026,929$ 22,013,007$ 22,065,346$ 21,030,534$ Projected Fund Balance - Days O&M 216 207 202 198 184 Minimum Reserves - Target Days 180 180 180 180 180 Projected Fund Balance - Option 3 22,230,585$ 21,776,045$ 21,762,123$ 21,814,463$ 20,779,650$ Projected Fund Balance - Days O&M 214 204 200 195 182 Minimum Reserves - Target Days 180 180 180 180 180 Option 2 - $2 Increase to Res Customer Charge on 3/1/2021, Additional $2 on 3/1/2022, $0.02 Reduction to Non-Res Commodity on 3/1/2021, Additional $0.02 reduction on 3/1/2022. Option 3 - $2 Increase to Res Customer Charge on 3/1/2021, Additional $2 on 3/1/2022, $0.04 Reduction to Non-Res Commodity on 3/1/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8772 Agenda Date: 2/4/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Accept a temporary easement from Crum Properties II, LLC to the City of Clearwater for ingress-egress access to certain real property located at 100 S. Missouri Avenue (Property), for purposes of completing Ground-Truthing and Verification therein, and authorize the appropriate officials to execute same. SUMMARY: In February and March of 2020, a partial ground penetrating radar survey indicated that intact burials may be present on the Property. The intact burials could potentially be unmarked graves associated with the St Matthew’s Baptist Church Cemetery that once existed on the property. The City seeks to verify if there are burial remains through minimally invasive archaeological excavation, known more specifically as ground truthing. The temporary easement will allow the City ingress-egress access to the property and allow, Cardno Inc., as the City’s consultant, to perform ground truthing activities on the property. Staff recommends approval of the temporary easement. Page 1 City of Clearwater Printed on 2/4/2021 CLEVELAND ST GOULD ST S MADISON AVE S MISSOURI AVE PIERCE ST FRANKLIN CIR NWFR A N K L I N C I R S W PIERCE ST 1 201 324 321 211 308 314 311 401 318 301 300 400 314 1154113111651217112811801181113011751161115012001209122411311159116012191170 1221122512081196122012141213 11851132116512161133121211291122223½ 315½1126113911411118AERIAL MAP Area in Red: Area of Archaeological InvestigationEast Half of Lot 1, R.H. Padgett's Subdivision Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Crum_Property_Easement_2019Aer.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 11/15/2021Date:JDReviewed By: Exhibit A +/- 2.26 ac. WDMap Gen By:15-29s-15eS-T-R:287AGrid #: Area in Orange: Crum Properties II LLC EXHIBIT B Australia • Belgium • Canada • Colombia • Ecuador • Germany • Indonesia • Italy • Kenya • New Zealand • Papua New Guinea • Peru • Tanzania • United Arab Emirates • United Kingdom • United States • Operations in 85 countries Cardno 3905 Crescent Park Drive Riverview, FL 33578 USA Phone +1 813 664 4500 Fax +1 813 664 0440 www.cardno.com November 19, 2020 Mr. Joseph DeCicco Senior Environmental Specialist, City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Submitted via email to: Joseph.DeCicco@MyClearwater.com Subject: Revised proposal for Archaeological Excavation (Ground-Truthing and Verification) at St. Matthew’s Baptist Church Cemetery. Dear Joe: Cardno is pleased to provide the following revised scope of work to complete archaeological testing at the St. Matthew’s Baptist Church Cemetery for the above-referenced property (Figure 1). Background / Purpose: In February/March 2020, a partial ground penetrating radar (GPR) survey was conducted by archaeologists with the Florida Public Archaeology Network (FPAN) at the Frank Crum Staff Leasing Campus located at 100 S. Missouri Ave in Clearwater, Florida (Figure 2). The purpose of the survey was to determine through geophysical survey methods (GPR) the potential for unmarked graves associated with the St. Matthew’s Baptist Church Cemetery that once existed on the property. Results of that initial investigation indicated a number of intact burials appear to be present at the site. The FPAN report recommended hiring a cultural resource management firm in order to continue geophysical investigations focusing on defining the extent of potential burials and determining the cemetery boundaries in order to develop an appropriate cemetery management plan for the property. In October 2020, Cardno was asked to prepare a preliminary scope and cost proposal for additional GPR and ground-truthing fieldwork efforts at the St. Matthew’s Baptist Church Cemetery site for the City of Clearwater. The goal of the project is to verify GPR findings and the presence of burials through minimally invasive archaeological excavation (ground-truthing). The following proposal letter outlines only the ground-truthing and verification stage of work with the resulting report. The aim of this scope of work, as specifically requested, is to verify at least one burial identified by previous GPR survey work. In order to sufficiently delineate the cemetery and create an appropriate management plan an expanded GPR survey and additional fieldwork will be needed at this property in future. This proposal and project budget are subject to change based on project modifications, and consultation with the property owner and other stakeholders. After authorization to proceed from the City of Clearwater, Cardno staff will notify Florida State Historic Preservation Officer (SHPO), descendants, and other stakeholders about the project work in keeping with Florida Statues. 2 City of Clearwater Archaeological Excavation (Ground-Truthing) at St. Matthew’s Baptist Church Cemetery www.cardno.com Proposed Archaeological Ground-Truthing The present scope is based on Cardno’s previous ground-truthing and delineation work at other cemeteries. The objective of this stage is to verify GPR findings through physical confirmation of the presence or absence of extant burials or human remains within grave-shafts and areas of possible graves. Selected areas will be excavated only to the depth necessary to verify and document burials. No human remains will be removed or disturbed, in keeping with Florida Statute 872.02. Under Florida Statute 872.02, human remains may not be disturbed or removed from a previously marked cemetery except in limited circumstances defined in the statute. Work is designed to verify the physical presence and extent of intact coffins and human remains within St. Matthew’s Baptist Church Cemetery based on previous GPR survey results. This scope of work does not include a full delineation of the cemetery due to the need for expanded GPR Survey on the property. Details of the current investigation findings regarding the presence of burial within the St. Matthew’s Baptist Church Cemetery will be included in the final report. As requested, proposed work is separated across three potential excavation areas, as outlined below. Additional work in Areas 2 and 3 (Tasks 3 and 4) are dependent on the findings of the work in Area 1 (Task 2). Proposed Areas and Tasks for Archaeological Verification In order to verify previous GPR results, while minimizing ground disturbance, ground-truthing and verification will be conducted in a phased plan across three areas of the subject property. Potential target areas for ground-truthing and verification are detailed in Figure 3. First, Area 1 (shown in Figure 3 and the northern portion of FPAN Grid 6) will be targeted because of its relative ease of access (Task 1). Ground-truthing and verification will be conducted in Area 1 to verify a single burial. If no burials are encountered in Area 1, then ground-truthing and verification will be repeated in Area 2 (Task 2), and then in Area 3 (Task 3). Once an intact coffin or any human remains are encountered ground-truthing and verification will be completed. Tasks 4 and 5 (Laboratory/GIS Analysis and Final Report) will remain unchanged regardless of how many areas are investigated during the verification stage. Tasks 1-5 are described more fully below. Task 1 – Mobilization Upon receipt of a work order and notification to proceed Cardno will begin the mobilization process for the project. This will include submitting a utilities locate ticket, then identifying utilities within the proposed verification areas. Cardno staff will also use a SIR 4000 GPR unit to re-locate possible burials identified in the previous survey, and clearly mark their locations on the ground surface. Arrangements will be made for heavy equipment to be delivered to the site and Cardno staff will discuss excavation plans and formulate a back dirt management plan with the heavy equipment operator. Mobilization will also cover all backfilling of excavation units using heavy equipment and reassembly of site post excavation. Field lab setup and materials, excavation area setup, and consultation with stakeholders is also included in this mobilization stage. Task 2 –Ground-Truthing and Verification Area 1: The first stage of ground-truthing will involve the opening of shallow stripping areas with hydraulic excavation equipment. These preliminary areas will be targeted starting in Area 1 (FPAN Grid 6, see Figure 3) within the St. Matthews Baptist Church Cemetery, based on previous partial GPR Survey of the property. These excavations are intended to locate and map the physical extent of intact grave shafts, rectangular discolorations in the soil created during the initial burial of an individual, as well as any past disturbance from previous exhumation or other ground disturbing activities. All ground-truthing work will be monitored by a qualified Professional Archaeologists. Excavation with hand tools will be targeted based on the results of mechanical stripping, and laid out as test units. These test units are designed to confirm the presence of intact human remains and potentially moved or disturbed burials within the St. Matthew’s Baptist Church Cemetery. The 3 City of Clearwater Archaeological Excavation (Ground-Truthing) at St. Matthew’s Baptist Church Cemetery www.cardno.com excavation areas will be selected based on previous GPR results in order to avoid disturbance to other surrounding graves. Ground-truthing and verification will also include the recordation of all finds, mortuary or otherwise with precise photographs, maps and infield models. As requested, once human remains or an intact burial are verified ground-truthing will be completed and no further areas will be investigated at this time. No human remains will be removed during this process. This task includes the screening of all excavated sediments and the backfilling of all excavations. All mortuary objects will be returned to the grave feature they came from before backfilling. Task 3 – Delineation and Ground-Truthing Area 2 (if required): If no human remains or burials are verified in Area 1, ground-truthing and verification as described above will be repeated in Area 2. Because of Area 2’s location in an asphalt-covered parking area asphalt will need to be removed in order to allow for ground-truthing and verification. After fieldwork and excavation is completed, areas of asphalt that were removed will be repaired or replaced by a qualified sub-contractor at actual cost plus 5%. Task 4 – Delineation and Ground-Truthing Area 3 (if required): If no human remains or burials are verified in Area 2, ground-truthing and verification as described in Task 1 will be repeated in Area 3. Because of Area 3’s location in an asphalt-covered parking area asphalt will need to be removed in order to allow for ground-truthing and verification. After fieldwork and excavation is completed, areas of asphalt that were removed will be repaired or replaced by a qualified sub-contractor at actual cost plus 5%. Task 5 – Laboratory/GIS Analysis: No human remains will be removed or disturbed for analysis. Mortuary objects, including any other contents of graves or grave shafts, hardware or pieces of coffins, or other materials buried with the deceased, will be analyzed in the field and reburied in place at the end of excavation. Non-mortuary artifacts such as historical objects related to the surrounding homes or neighborhoods are proposed to be analyzed and curated under controlled conditions at Cardno’s laboratory facilities following the completion of fieldwork. Copies of forms on acid-free paper, and copies of notes, maps, and photographs will be curated at Cardno. This task also includes processing of any photogrammetry data collected during fieldwork in order to model findings such as burial goods or grave shaft features. The GIS analysis included under this task will consist of generating all site reports, and modeling any coffins, or other mortuary contexts that are encountered in centimeter accurate spatial models. Task 6 – Final Report: In anticipation of future Federal or State requirements, the results of all ground-truthing and verification work at the St Matthew’s Baptist Church Cemetery will be presented in a technical report for submittal to the City of Clearwater, stakeholders, and the Florida State Historic Preservation Officer (SHPO) for review and comment. The report will be completed in compliance with the Florida Division of Historical Resources 1A-46 Archaeological and Historical Report Standards and Guidelines and will be designed so that future work can be integrated into the existing report. As part of report preparation, Cardno will also conduct additional background research. The final report draft will be submitted to the City of Clearwater 60 days from the completion of field and lab analysis work. Additional consultation with stakeholders and descendants should be completed prior to any future work at the St Matthew’s Baptist Church Cemetery site. Timeline: With authorization to proceed from the City of Clearwater, and as part of Task 1 Mobilization, Cardno will immediately notify DHR Florida Statute 872 Coordinator, stakeholders, and descendants. Cardno will then file the appropriate utilities locate tickets and after receiving clearance on utilities (approximately two weeks) will commence field work. Task 2 (including the potential Tasks 3 and 4) are expected to take a team of professional archaeologists no more than 2 weeks. If human remains 4 City of Clearwater Archaeological Excavation (Ground-Truthing) at St. Matthew’s Baptist Church Cemetery www.cardno.com or an intact burial are verified during Task 2 then field work could be completed in a shorter amount of time. Verification during Task 2 could also result in reduced costs. Following completion of ground- truthing and verification, laboratory analysis of non-mortuary artifacts and GIS analysis (Task 5) will commence and be completed within 7-10 days. A final draft report (Task 6) will be submitted to the City of Clearwater for approval 60 days after the completion of laboratory/GIS analysis, then released to SHPO, and other stakeholders for review and comment. All stipulations in this proposal are based on the assumptions listed below, and are subject to change due to any amendments or increases in scope. Compensation Schedule: If human remains or intact burials are verified during Task 2, then Tasks 3 and 4 will not be completed and their costs will not be reflected in the final total. Areas of asphalt removed as a result of Tasks 3 and 4 will be disposed of, then asphalt areas will be repaired or replaced by a qualified sub-contractor at actual cost plus 5%, this cost is not reflected in the compensation schedule below but removal and disposal is not to exceed $12,000. Task 1: Mobilization $ 29,197 Task 2: Delineation and Ground-Truthing Area 1 $ 8,753 Task 3: Delineation and Ground-Truthing Area 2 (if required) $ 8,325 Task 4: Delineation and Ground-Truthing Area 3 (if required) $ 7,425 Task 5: Laboratory Analysis $ 5,952 Task 6: Final Report $ 20,236 Total (lump sum for all tasks if required) $ 79,887 Project Schedule: The following are dates from the receipt of contract and notice to proceed (NTP) from client for work to begin. Tasks 2-4 will take no longer than 2 weeks. Task 1: Mobilization NTP +2 days Task 2: Delineation and Ground-Truthing Area 1 begin NTP +12 days Task 3: Delineation and Ground-Truthing Area 2 begin (if required) NTP +17 days Task 4: Delineation and Ground-Truthing Area 3 begin (if required) NTP +20 days Task 5: Laboratory Analysis Completion 7-10 days following verification Task 6: Final Report Submission 60 days following analysis Total 70-90 days following NTP Assumptions: 1. The above scope is intended primarly to confirm the presence of human remains related to the St. Matthew’s Baptist Church cemetery. It will not result in a full delineation of all burials or the cemetery’s land use boundaries. 2. Land owner approves of the potential removal of large areas of asphalt which will later be repaired or patched, as defined above. 5 City of Clearwater Archaeological Excavation (Ground-Truthing) at St. Matthew’s Baptist Church Cemetery www.cardno.com 3. Cardno continues to recommend that the above scope of work will not commence until community members and stakeholders have been notified or consulted, ideally in a group or virtual group setting. 4. Excavation will be able to be safely left over night. Any security measures necessary for this assumption, such as the posting of a guard are not included in this scope of services. 5. Fencing around the perimeter of the site that may be required to protect the City of Clearwater and stakeholders from trespassers is not included in this scope. 6. Cardno will have access to water for sediment screening and preliminary artifact analysis at St. Matthew’s Baptist Church Cemetery. 7. Cardno will have full access to the site for the duration of the estimated field work time. 8. The discovery of major archaeological features not related to St. Matthew’s Baptist Church Cemetery, such as structural remains or significant prehistoric deposits will be treated under a separate scope of work. Sincerely, Paul L. Jones, RPA Senior Principal Technicial Director - Archaeology CARDNO Email paul.l.jones@cardno.com Miles Ballogg Senior Principal – Brownfields Practice Group Leader - Director CARDNO Email: miles.ballogg@cardno.com 6 Error! No text of specified style in document. Southeastern Trail Project Environmental Feasibility Study Figure 1. Estimated legal description (parcel boundary) of the cemetery 7 City of Clearwater Archaeological Excavation (Ground-Truthing) at St. Matthew’s Baptist Church Cemetery www.cardno.com Figure 2. Previous GPR survey coverage and results 8 City of Clearwater Archaeological Excavation (Ground-Truthing) at St. Matthew’s Baptist Church Cemetery www.cardno.com Figure 3. Proposed verification areas and previous FPAN GPR results. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8803 Agenda Date: 2/4/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Approve an appropriation of General Fund reserves and a Work Order to Engineer of Record Cardno, Inc., in an amount not to exceed $87,888, to complete archeological excavation at the Crum property, the former site of St. Matthew’s Baptist Church Cemetery, and authorize the appropriate officials to execute same. SUMMARY: The St. Matthew’s Baptist Church Cemetery, an African American cemetery dating to the early 1900s, was once located along Missouri Avenue, near Cleveland Street. The cemetery operated at the property until the 1940s. According to records from the time, the cemetery had become inadequate and the City of Clearwater Council established a new African American burial site at the North Greenwood Cemetery. All burials ceased at the property after the establishment of the North Greenwood Cemetery. St. Matthew’s Church sold the property to developers in 1955. The site was developed in the 1960s. Construction at the site has included a department store and the City Annex. The site was later developed into its current state. With the recent rediscovery of lost African American cemeteries throughout the region, local community leaders called for confirmation that burials were properly relocated prior to redevelopment. Community groups and Crum Staffing partnered to hire archeologists from the University of South Florida (USF) to review available historical records and complete Ground Penetrating Radar (GPR) surveys of the site. Historical records review and GPR surveys identified areas of the former cemetery that show potential active burials. Crum Staffing contacted the City to discuss the findings. City Engineering staff asked Cardno to prepare a work plan to complete archaeological excavation and ground truthing to confirm these findings. The scope of work includes mobilization, delineation of possible grave shafts, archaeological excavation of identified shafts, laboratory analysis, GIS mapping, and report preparation. This effort is to verify a possible burial identified in previous GRP work, the second step in a multi-phase process of developing an appropriate cemetery management plan. Utility clearance, required notification, contractor coordination, and field work will require approximately 45-days to complete. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of $87,888 from General Fund reserves to General Fund Non-Departmental cost code 0107010-530100, professional services, to fund this work order. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $87,888 to cost code 0107010-530100, professional services. Inclusive of this item if approved, a net total of $1,696,540 of General Fund reserves has been appropriated by Council to fund expenditures in the 2020/21 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $34.1 Page 1 City of Clearwater Printed on 2/4/2021 File Number: ID#21-8803 million, or 22.4% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 2/4/2021 CLEVELAND ST GOULD ST S MADISON AVE S MISSOURI AVE PIERCE ST FRANKLIN CIR NWFR A N K L I N C I R S W PIERCE ST 1 201 324 321 211 308 314 311 401 318 301 300 400 314 1154113111651217112811801181113011751161115012001209122411311159116012191170 1221122512081196122012141213 11851132116512161133121211291122223½ 315½1126113911411118AERIAL MAP Area in Red: Area of Archaeological InvestigationEast Half of Lot 1, R.H. Padgett's Subdivision Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Crum_Property_Easement_2019Aer.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 11/15/2021Date:JDReviewed By: Exhibit A +/- 2.26 ac. WDMap Gen By:15-29s-15eS-T-R:287AGrid #: Area in Orange: Crum Properties II LLC Work Order Initiation Form Page 1 of 6 Revised: 5/13/2020 Cardno, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: 1/14/2021____ Consultant Project Number: TBD______ City Project Number: 21‐0005‐CM City Plan Set Number: ________________ 1. PROJECT TITLE: Archaeological Excavation (Ground‐Truthing and Verification) at St. Matthew’s Baptist Church Cemetery. 2. SCOPE OF SERVICES: Cardno will conduct proposed archaeological excavation based on Cardno’s previous ground‐ truthing and delineation work at other cemeteries. Work is designed to verify the physical presence of at least one human burial within St. Matthew’s Baptist Church Cemetery based on previous GPR survey results. This scope of work does not include a full delineation of the cemetery due to the need for expanded GPR Survey on the property. Selected areas will be excavated only to the depth necessary to verify and document findings. Generally, this method will allow for the identification of extant human remains without unnecessary disturbance of those remains. As requested, proposed work is separated across three potential excavation areas, as outlined below. Additional work in Areas 2 and 3 (Tasks 3 and 4) are dependent on the findings of the work in Area 1 (Task 2). Details of these findings regarding the presence of graves within the St Matthew’s Baptist Church Cemetery will be included in an executive summary and the final report. Proposed work is separated into six tasks of work as outlined below. The proposal and project budget are subject to change due to any amendments or increases in scope. I. PRE-DESIGN PHASE: Task 1: Mobilization II. DESIGN PHASE: Task 2: Ground‐Truthing and Verification Area 1 Task 3: Ground‐Truthing and Verification Area 2 (if required) Task 4: Ground‐Truthing and Verification Area 3 (if required) Task 5: Laboratory Analysis and GIS III. FINAL DESIGN PHASE: Task 6: Final Report Work Order Initiation Form Page 2 of 6 Revised: 5/13/2020 All images will be completed using ArcGIS Desktop Version 10.8 convertible to CAD as needed IV. BIDDING PHASE: Task 1: N/A V. CONSTRUCTION PHASE (if applicable): Task 1: N/A 3. PROJECT GOALS: The goal of the project is to verify at least one burial identified by previous GPR survey work through minimally invasive archaeological excavation (ground‐truthing). The first stage of ground‐ truthing will involve the opening of shallow stripping areas with hydraulic excavation equipment. These preliminary areas will be targeted starting in Area 1 within the St. Matthews Baptist Church Cemetery, based on previous partial GPR Survey of the property. These excavations are intended to locate and map the physical extent of intact grave shafts, rectangular discolorations in the soil created during the initial burial of an individual, as well as any past disturbance from previous exhumation or other ground disturbing activities. Excavation with hand tools will be targeted based on the results of mechanical stripping, and laid out as test units. These test units are designed to confirm the presence of intact human remains and potentially moved or disturbed burials within the St. Matthew’s Baptist Church Cemetery. The excavation areas will be selected based on previous GPR results in order to avoid disturbance to other surrounding graves. Ground‐ truthing and verification will also include the recordation of all finds, mortuary or otherwise with precise photographs, maps and infield models. As requested, once human remains or an intact burial are verified ground‐truthing will be completed and no further areas will be investigated at this time. No human remains will be removed during this process. If no human remains or burials are verified in Area 1, ground‐truthing and verification as described above will be repeated in Area 2 and then if necessary in Area 3. The work product will consist of a final report draft which will be submitted to the City of Clearwater 60 days from the completion of field and lab analysis work. The report will be completed in compliance with the Florida Division of Historical Resources 1A‐46 Archaeological and Historical Report Standards and Guidelines and will be designed so that future work can be integrated into the existing report. As part of report preparation, Cardno will also conduct additional background research. Cardno will produce an electronic report document for submittal and hardcopies of the report will be provided upon request. 4. BUDGET: See attachment B. This price includes all labor and expenses anticipated to be incurred by Cardno, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed Seventy‐nine thousand eight hundred eighty‐eight Dollars ($87,888.00). All permit application fees will be paid by the consultant and invoiced to the city as a reimbursable. Work Order Initiation Form Page 3 of 6 Revised: 5/13/2020 5. SCHEDULE: With authorization to proceed from the City of Clearwater, and as part of Task 1 Mobilization, Cardno will immediately notify DHR Florida Statute 872 Coordinator, stakeholders, and descendants. Cardno will then file the appropriate utilities locate tickets and after receiving clearance on utilities (approximately two weeks) will commence field work. Task 2 (including the potential Tasks 3 and 4) are expected to take a team of professional archaeologists no more than 2 weeks. If human remains or an intact burial are verified during Task 2 then field work could be completed in a shorter amount of time. Verification during Task 2 could also result in reduced costs. Following completion of ground‐truthing and verification, laboratory analysis of non‐ mortuary artifacts and GIS analysis (Task 5) will commence and be completed within 7‐10 days. A final draft report (Task 6) will be submitted to the City of Clearwater for approval 60 days after the completion of laboratory/GIS analysis, then released to SHPO, and other stakeholders for review and comment. All stipulations in this proposal are based on the assumptions listed below, and are subject to change due to any amendments or increases in scope. The project is to be completed 4 months (or 120 days) from issuance of notice‐to‐proceed. The project deliverables are to be phased as follows: Mobilization and Fieldwork 45 calendar days Laboratory Analysis and GIS 65 calendar days Draft Report 110 calendar days Final Report 120 calendar days 6. STAFF ASSIGNMENT: Paul Jones, MA, RPA – Cardno – Principal‐in‐charge/Senior Project Manager/Group Manager Rebecca O’Sullivan, MA, RPA – Cardno – Project Manager/Senior Inspector Eric Prendergast, MA, RPA – Cardno – Project Archaeologist/Senior Inspector Erin McKendry, MA, RPA – Cardno – Project Archaeologist/Field Technician Kelsey Kreiser, MA, RPA – Cardno – Project Archaeologist/Field Technician Jessica Searles, BA, RA – Cardno –Technician/Administrative Chase Searles, BA – Cardno –Technician/Administrative Kacie Allen, BA – Cardno –Technician/Administrative Lucy Jones, MA – Cardno – Historian/Operations Specialist 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Paul Jones and Rebecca O’Sullivan All City project correspondence shall be directed to: Joseph DeCicco Work Order Initiation Form Page 4 of 6 Revised: 5/13/2020 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758‐4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0107010‐530100 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Paul L. Jones Tara Kivett, P.E. Senior Principal City Engineer Cardno, Inc. City of Clearwater _1/14/2021____________ ___________________ Date Date Work Order Initiation Form Page 5 of 6 Revised: 5/13/2020 ATTACHMENT “A” City of Clearwater Engineering Department WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562‐4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Final Deliverables for this project consist of a Final Report. ATTACHMENT “B” Archaeological Excavation (Ground‐Truthing) at St. Matthew’s Baptist Church Cemetery Cardno. Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Sub consultant Services Labor Total Mobilization 1 Mobilization $29,197.00 Mobilization Total: $29,197.00 Field Activities 2 Delineation and Verification (Area 1) $8,753.00 3 Delineation and Verification (Area 2 if needed) $8,325.00 4 Delineation and Verification (Area 3 if needed) $7,425.00 Field Activities Total: $24,503.00 Laboratory Activities 5 Laboratory/GIS Analysis $5,952.00 Laboratory Activities Total: $5,952.00 Reporting 6 Final Report $20,236.00 Reporting Total: $20,236.00 Subtotal $79,888.00 7 Contingency $8,000.00 Grand Total $87,888.00 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD #9434-21 Agenda Date: 2/4/2021 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 11.5 SUBJECT/RECOMMENDATION: Approve staff request to vacate an alley located within the Clearwater Gas Complex at 777 Maple Street, described as, All of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once part, and pass Ordinance 9434-21 on first reading. SUMMARY: City staff recommends the alley vacation within the Clearwater Gas Complex. Said alley is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated. Page 1 City of Clearwater Printed on 2/4/2021 1 Ord. No. 9434-21 ORDINANCE NO. 9434-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING AN ALLEY, DESCRIBED AS ALL OF THE PLATTED ALLEY LYING WITHIN BLOCK 10 OF JONES SUBDIVISION OF NICHOLSON ADDITION TO CLEARWATER BLOCKS 7, 8, 9 AND 10, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, WHICH PINELLAS COUNTY WAS ONCE A PART; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, finds it appropriate to vacate said alley with no effect upon said fee interest; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said alley is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The alley described as follows: See Exhibit “A” is hereby vacated, closed and released, subject to the City of Clearwater’s fee interest in the underlying land, which is expressly reserved and unaffected by this vacation. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. 2 Ord. No. 9434-21 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk HART STREET HART AVENUE (PLAT) 60' Right-of-Way MYRTLE AVENUERight-of-Way VariesJones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82 Block "9"Block "10" Hart's Addition to Clearwater Harbor Plat Book H1, Page 94 Block "1" ALLEY WIDTH NOT DIMENSIONED ALLEY WIDTH NOT DIMENSIONED RAILROAD30' Right-of-Way(DB 71, PG 143)VACATED HART STREET HART AVENUE (PLAT) Per (OR 6626, PG 429)VACATED EAST AVENUEEAST STREET (PLAT)50' Right-of-Way(OR 20366, PG 2177)Jones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82BLANCHE B LITTLEJOHN TRAILRight-of-Way VariesProposed Alley Vacation The vacation of an alley, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once a part, described as follows: All of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once a part. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "A" Kieffer Nyland 12/14/2020 Lgl_2020-17 1 1 09 29 S 15 E Legal Description JONES ST N MYRTLE AVE HART ST BLANCHE B LITTLEJOHN TRL HART ST 703310 410 404 400 402 AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Hart_Street_AlleyVacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Alley Vacation at Clearwater Gas777 Maple St. Page 1 of 1Aerial Flown 2019 Date:12/15/2020KNMap Gen By: PROPOSED ALLEY VACATION RBReviewed By:277bGrid #:9-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8830 Agenda Date: 2/4/2021 Status: City Manager ReportVersion: 1 File Type: City Manager Verbal Report In Control: City Council Agenda Number: 11.6 SUBJECT/RECOMMENDATION: Parks & Recreation Advisory Board SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/4/2021