The URL can be used to link to this page

Home My WebLink About02-13-2023 Council Packet UpdateCITY OF FAIRHOPE CITY COUNCIL WORK SESSION AGENDA MONDAY, 13 FEBRUARY 2023 – 4:30 P.M. – COUNCIL CHAMBER 1. Committee Updates 2. Department Head Updates City Council Agenda Meeting – 5:30 p.m. on Monday, February 13, 2023 – Council Chamber Next Regular Meeting – Monday, February 27, 2023 – Same Time Same Place CITY OF FAIRHOPE CITY COUNCIL AGENDA MONDAY, 13 FEBRUARY 2023 - 6:00 P.M. - CITY COUNCIL CHAMBER Invocation and Pledge of Allegiance 1. Approve minutes of 23 January 2023 Regular City Council Meeting and minutes of 23 January 2023 Work Session 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Final Adoption - Ordinance – Amend Zoning Ordinance No. 1253 and Ordinance No. 1317 and 1572. • To amend Ordinance No. 1317 and 1572, known as the Fly Creek PUD. The property of Highlands at Fairhope Village, LLC, is approximately 11.76 acres and is generally located on the north and south side of Corte Ridge Road, and East of the Publix on U.S. Highway 98 in Fairhope, Alabama. PPIN Numbers: 369505, 369508, 386030, 386029, 369509. (Introduced at City Council Meeting on January 23, 2023.) 6. Final Adoption – Ordinance - Amend Zoning Ordinance No. 1253 and Ordinance No. 1402. • To amend Ordinance No. 1402, known as the Idlewild PUD. The property of Fairhope East, LLC, is approximately 10 acres and is generally located on the west side of State Highway 181, south of Fairhope Avenue in Fairhope, Alabama. PPIN Numbers: 261908, 310693. (Introduced at City Council Meeting on January 23, 2023.) 7. Ordinance – The City of Fairhope to establish a fund known as the “City of Fairhope Employee Fund.” The purpose of the fund shall be to account for the receipt and expenditure of funds derived from sales from vending machines located in all City buildings and facilities. The fund shall be established with funds presently collected from the sales. 8. Resolution - To Award (Bid No. 23-009) to McElhenney Construction Company for Founders Park Athletic Track and Additional Parking Project with a total bid proposal not- to-exceed $2,480,680.04. 9. Resolution - To Award (Bid No. 23-14) to Xtreme Golf Management for Greens Drainage Project for Nine (9) Greens with a total bid proposal not-to-exceed $103,500.00. 10. Resolution - That the City of Fairhope approves the procurement of Equipment for Planters Point Publix Lift Station from J.H. Wright & Associates for a total not-to-exceed $163,786.00 that includes equipment, shipping, and startup only, installation of equipment including piping and valves, by others. This equipment is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). City Council Meeting 13 February 2023 Page –2– 11. Resolution - That the City Council approves the selection of Volkert, Inc. to perform Professional Engineering Services for Utilities Relocation for Baldwin County’s County Road 64 Widening Project (RFQ PS23-13); and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. 12. Resolution - That the City Council approves the selection of Volkert, Inc. to perform Professional Engineering Services for Utilities Relocation for State of Alabama’s US 31 Project (RFQ PS23-014); and hereby authorizes Mayor Sherry Sullivan to negotiate the not- to-exceed fee to be approved by Council. 13. Resolution - That the City of Fairhope approves the selection of Watermark Design Group for Professional Architectural & Engineering Services for Master Planning for (RFQ PS020- 22) Redevelopment & Remodel of the Fairhope K-1 Center for the Design Phase (that includes providing a Campus Master Plan) and the Construction Phase (that includes additional site inspections and/or observations); and hereby authorizes Mayor Sherry Sullivan to execute a contract with a not-to-exceed amount of $151,900.00. 14. Resolution - That the City of Fairhope approves the selection of Watermark Design Group for Professional Architectural & Engineering Services (RFQ PS020-22) Redevelopment & Remodel of the Fairhope K-1 Center (Grant Project No. COF-2023 EDA001); and hereby authorizes Mayor Sherry Sullivan to execute a contract with a not-to-exceed amount of $293,000.00 subject to the review and approval of the US Chamber of Commerce’s Economic Development Administration (EDA), and must comply with all granted related laws, regulations and requirements. 15. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a South Alabama Mutual Assistance Agreement between the City of Fairhope and among the counties, towns, and cities of the South Alabama Mutual Assistance Compact to provide and receive mutual aid as a result of “Disasters.” 16. Resolution – That the City of Fairhope declares a Lenovo ThinkPad T470, Serial PF- 11M5T6, City Asset Number T0139 as surplus; and the Mayor and City Treasurer are hereby authorized and directed to dispose of personal property; hereby amends the 2023 annual appropriation to the Fairhope Airport Authority to include a transfer of said personal property at fair market value; and transfers said personal property for fair market value to the Airport Authority and shows that the annual appropriation has been increased by the same amount. 17. Resolution - That the City Council authorizes and approves adding a temporary part-time overlap position of Station Control Tech/Digital Forensic (Pay Grade 9/HR) for current employee (Donald D.J. White) and allows him to work with and train the new Station Control Tech/Digital Forensic employee that will benefit the City as well as the new hire. The temporary overlap position will expire in six months after the date of City Council’s approval with a cost for the additional temporary overlap position not-to-exceed $1,500.00. 18. Application for Restaurant Liquor License by Jenna Laine Rachal, The Venue Fairhope LLC d/b/a The Venue Fairhope, located at 105 South Section Street, Fairhope, AL 36532. City Council Meeting 13 February 2023 Page –3– 19. Request – Thomas Hospital Foundation request approval to serve beer on City property contingent on Bottles Up Bar Service getting One Time Event License from ABC and the City of Fairhope for the Thomas Hospital Foundation “Cornhole for a Cause Tournament” on March 25, 2023. 20. Public Participation – (3 minutes maximum) 21. Executive Session – To discuss pending or potential litigation pursuant to Alabama Code Section 36-25A-7(a)(3) and to discuss the purchase, sale, and acquisition of real property pursuant to Alabama Code Section 36-25A-7(a)(6). 22. Adjourn Next Regular Meeting – Monday, February 27, 2023 – Same Time Same Place STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 23 January 2023. Present were Council President Jay Robinson, Councilmembers: Corey Martin, Jimmy Conyers, and Kevin Boone; and Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and Assistant City Clerk Jenny Opal Wilson. Councilmember Jack Burrell and City Clerk Lisa A. Hanks were absent. There being a quorum present, Council President Robinson called the meeting to order. The invocation was given by Pastor Kyle Parker Eastern Shore Presbyterian Church and the Pledge of Allegiance was recited. Councilmember Martin moved to approve minutes of the 9 January 2023, Regular City Council Meeting and 9 January 2023 Work Session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) Recognized Girl Scout Troop 8017. They are here tonight to present on Council Agenda and working on their Civics Badge. She thanked the scouts and parents for being here tonight and their community service. 2) Announced the State of the City Address on Thursday, January 26, 2023 from 5-7 p.m. at the Fairhope Civic Center. Conecuh Dogs will be served. All departments represented and Mayor Sullivan will give presentation to be recorded, and available on line if you are not able to attend . 3) Recognized two (2) upcoming events; (1.) Pirate Dash on February 4, 2023 to support Fairhope Elementary Schools; and (2.) Chocolate & Champagne at the Fairhope Public Library on February 13, 2023 to support the capital campaign to build the second floor. Please support the library, attend the event, buy tickets, or make a donation. Council President Robinson thanked Mayor Sullivan. Council President Robinson opened Public Participation for Agenda Items. There was no public participation. Council President Robinson addressed Council Comments. Councilmember Martin, Councilmember Conyers, and Councilmember Boone had no comments. Council President Robinson announced Council will not meet before the 1st Mardi Gras Parade. He encouraged everyone to come out and have a good time. Please be safe, use good judgement, and watch your children. 23 January 2023 A Public Hearing was held as advertised on the proposed ordinance to amend Zoning Ordinance No. 1253 and Ordinance No. 1317 and 1572. Councilmember Conyers introduced in writing an ordinance to request to amend Ordinance No. 1317 and 1572, known as the Fly Creek PUD. The property of Highlands at Fairhope Village, LLC, is approximately 11.76 acres and is generally located on the north and south side of Corte Ridge Road, and East of the Publix on U.S. Highway 98 in Fairhope, Alabama. PPIN Numbers: 369505, 369508, 386030, 386029, 369509. The Planning Commission gave a favorable recommendation of this ordinance with three (3) suggested conditions: 1.) Buildings shall fall within established setbacks and allow room for required landscape buffers, 2.) A formal Site Plan/Multiple Occupancy Project shall be conducted, and 3.) Detailed floor plans shall be provided for each building type with front/rear elevations with particular focus on the front of buildings located along Corte Ridge Road. Council President Robinson read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. Council President Robinson opened the Public Hearing at 6:20 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:21 p.m. Council President Robinson opened Council Comments. Councilmember Conyers liked the Live Work Concept. Councilmember Boone asked Hunter Simmons if the Live Work Concept is the same as the location across from Ace Hardware. Hunter Simmons discussed Mixed Use versus Live Work Concept. Council President Robinson asked Hunter Simmons to advise on the Live Work Concept definition. Hunter commented the Live Work Concept is unique. He did not recommend the Live Work Concept in base ordinance. We need to make sure vision is clearly defined in application. Mixed Use is clearly defined. Councilmember Martin addressed Architectural Review/Design. Hunter Simmons discussed Exhibit C illustrating architectural details. Due to lack of a motion for immediate consideration, this ordinance will layover until the February 13, 2023 City Council Meeting. Council President Robinson asked Council to suspend rules and move Item No. 22 up on the agenda. Councilmember Martin made motion to move Item No. 22 up on agenda for the request to grant permission for Girl Scout Troop 8017 to sell Girl Scout cookies at the corner of Fairhope Avenue and North Bancroft Street from Friday, January 27, 2023 through February 25, 2023 with booths setup on Friday evenings, Saturday mornings, and Sunday afternoons. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 23 January 2023 Council President Robinson asked Girl Scout Troop 8017 to come forth. The scouts addressed Council with request and asked for consideration. Councilmember Martin moved on the request to grant permission for Girl Scout Troop 8017 to sell Girl Scout cookies at the corner of Fairhope Avenue and North Bancroft Street from Friday, January 27, 2023 through February 25, 2023 with booths setup on Friday evenings, Saturday mornings, and Sunday afternoons. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Girl Scout Troop 8017 thanked the Council and asked for a picture. Council President Robinson thanked Girl Scout Troop 8017. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253 and Ordinance No. 1402. Councilmember Conyers introduced in writing ordinance to request to amend Ordinance No. 1402, known as the Idlewild PUD. The property of Fairhope East, LLC, is approximately 10 acres and is generally located on the west side of State Highway 181, south of Fairhope Avenue in Fairhope, Alabama. PPIN Numbers: 261908, 310693. The Planning Commission gave a favorable recommendation of this ordinance with staff recommendations: 1.) Provide a strong landscape buffer to provide screening, such as evergreens, in addition to providing significant light pollution prevention to be reviewed at time of Multiple Occupancy Project approval; and 2.) Front setbacks shall be 118’. Council President Robinson read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. Council President Robinson opened the Public Hearing at 6:45 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:46 p.m. Council President Robinson opened Council Comments. Councilmember Conyers asked Hunter Simmons if the project took into consideration the future widening of Hwy 181. Hunter Simmons commented yes. There is a requirement for landscape buffers. We will confirm location with any conflicts with future expansion. ALDOT has worked on project approximately a year. Councilmember Martin inquired on mitigation for wetlands. Hunter Simmons commented no impact to wetlands at this time. Council President Robinson discussed the PUD approved in 2009 for discussion purposes. Hunter Simmons discussed Sunset Clause of two (2) years with extension for approval to Council. Council President Robinson asked what would happen if we approved amendment and nothing happened in two (2) years. Hunter will follow-up with Council in two (2) weeks to clarify. Due to lack of a motion for immediate consideration, this ordinance will layover until the February 13, 2023 City Council meeting. 23 January 2023 Planning Director Hunter Simmons addressed the City Council to explain the Site Plan Review of property owned by FST Section Street Hospitality Group, LLC for Site Plan Approval of the Fairhope Hotel. The subject property is zoned B-2, General Business District, and is approximately 0.25 acres. The property is located on the East side of North Section Street, South of Oak Avenue. PPIN Number: 112977. Planning Commission unanimously voted to recommend City Council approve 23.01 Fairhope Hotel with the following condition: 1.) Relocation of either the generator or the conflicting tree, subject to Planning staff approval. Councilmember Boone moved to approve the Site Plan of property owned by FST Section Street Hospitality Group, LLC as listed above for Fairhope Hotel. Seconded by Councilmember Conyers motion passed unanimously by voice vote. Council President Robinson asked question on Canopy Tent Anchor Points. Hunter Simmons said they are in compliance with the Rooftop Terrace Ordinance. Councilmember Martin asked if the anchor and wind velocity are in ordinance. Hunter Simmons commented yes with temporary in nature. Council President Robinson introduced in writing a resolution to award (Bid No. 23-009) to McElhenney Construction Company for Founders Park Athletic Track and Additional Parking Project with a total bid proposal not-to-exceed $2,480,680.04. Councilmember Martin asked for further discussion by Council on resolution. He commented bid is over budget by 1.2 million. Councilmember Conyers asked that Council table or reject resolution. We are not prepared for 2.4 million and need to go back and review. Councilmember Boone commented bids are actual, and could be higher if rebid later. Mayor Sullivan took responsibility of budget. She commented track alone is one (1) million dollars. Our community would be proud of track and it would add to our recreational opportunities. She confirmed with City Treasurer, Kim Creech that funds are available in the reserve if Council decides to move forward. Richard Johnson discussed project and contractor compliance. Councilmember Martin moved to reject bid. Seconded by Councilmember Conyers. Councilmember Martin moved to amend motion to reject after discussion and table resolution until February 13, 2023. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Council President Robinson allowed Fairhope High School Coaches Ed Kendall and David Fulford to come forward and speak on the resolution. Ed Kendall discussed the need for a 7A School Track and funding from the Fairhope Single Tax and School Board. David Fulford asked Council what we are looking for if we do not do it now. Councilmember Conyers discussed the proposal to build track. Mr. Fulford additionally addressed the proposal included a track in soccer field. Council President Robinson discussed versatility of space with funding. Mr. Fulford commented they 23 January 2023 would like to have input on the design. Council President Robinson encouraged the coaches input and safety concerns. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 23-013) to Donohoo Chevrolet, LLC for New Chevrolet Silverado 3500 HD 4WD Crew Cab with 177’ WB, 60” CA LT or equivalent with a total bid proposal not-to-exceed $64,784.50. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 4671-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 23-013) New Chevrolet Silverado 3500 HD 4WD Crew Cab with 177” WB, 60” CA LT or Equivalent at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Please see attached Bid Tabulation for New Chevrolet Silverado 3500 HD 4WD Crew Cab with 177” WB, 60” CA LT or Equivalent [3] After evaluating the bids with the required specifications, Donohoo Chevrolet, LLC is now awarded (Bid No. 23-013) New Chevrolet Silverado 3500 HD 4WD Crew Cab with 177” WB, 60” CA LT or Equivalent with a total bid proposal budgeted not-to-exceed $64,784.50, under budget $7,215.50. ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 _______________________________ Jay Robinson, Council President Attest: _____________________________ Jenny Opal Wilson, CMC Assistant City Clerk 23 January 2023 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of 400 – 42’ Rolls of TifTuf Bermuda Sod for the New Baseball Fields Project at Volanta Park with a not-to-exceed of $44,016.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4672-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of 400 – 42’ Rolls of TifTuf Bermuda Sod for the New Baseball Fields Project for Volanta Park Baseball Project. A quote was sent to four (4) vendors, two (2) quotes were obtained, and two (2) vendors did not have inventory available to meet the installation schedule required. Woerner Farms Foley provided the lowest quote for a total not-to-exceed $44,016.00, includes freight and fuel surcharge, over budget $16.00. 23 January 2023 ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 _______________________________ Jay Robinson, Council President ATTEST: _____________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of one (1) Toro Groundmaster 3200 4WD Mower or equivalent for the Horticulture Department; and the type of equipment needed is on the Omnia National Contract #2017025 and therefore does not have to be let out for bid. The total amount not-to-exceed $33,000.00. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Boone asked for clarification on whether mower was included in the budget. City Treasurer, Kim Creech clarified this mower is not budgeted at $33,000.00. We are not able to get the two (2) lawnmowers ordered at $68,000.00 until 2024. RESOLUTION NO. 4673-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of one (1) Toro Groundmaster 3200 4WD Mower or equivalent for the Horticulture Department; and the type of equipment needed is on the Omnia National Contract #2017025 and therefore does not have to be let out for bid. The total amount not-to-exceed $33,000.00. [2] The Horticulture Department needs to order this additional mower to replace a mower that no longer works. There are two (2) mowers that are currently on order, but delivery is not until 2024. ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 23 January 2023 _______________________________ Jay Robinson, Council President Attest: _____________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of the Perry Weather Outdoor Warning System and Software for Quail Creek Golf Course; and the type of system needed is on the BuyBoard National Cooperative Contract #647-21; and therefore does not have to be let out for bid with a total amount not-to-exceed $32,591.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4674-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves procurement of the Perry Weather Outdoor Warning System and Software for Quail Creek Golf Course; and the type of system needed is on the BuyBoard National Cooperative Contract #647-21; and therefore does not have to be let out for bid. The total amount budgeted not-to-exceed $32,591.00. ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 _______________________________ Jay Robinson, Council President Attest: _____________________________ Jenny Opal Wilson, CMC Assistant City Clerk 23 January 2023 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement for Painting Fire Station #3 Bays with CertraPro Painters with a not-to- exceed amount of $18,000.00; and authorizes Mayor Sherry Sullivan to execute contract. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 4675-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of Painting Fire Station #3 Bays. Three (3) bids were received for this service. The lowest bid was from CertraPro Painters with a not-to-exceed amount of $18,000.00, over budget $1,000.00; and [2] A Public Works Contract is needed due to project is over $15,000.00; and authorizes Mayor Sherry Sullivan to sign contact. DULY ADOPTED THIS 23RD DAY OF JANUARY, 2023 _______________________________ Jay Robinson, Council President Attest: _____________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is authorized to execute a contract for Professional Engineering Services with Neel Schaffer, Inc. for (RFQ No. PS23-001) Preliminary Engineering for the FY2023 TAP Project – Sidewalks on Blue Island Avenue and Fairwood Boulevard with a not-to-exceed amount of $82,994.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Council President Robinson stated Richard Johnson 23 January 2023 discussed item in Work Session and confirmed we are responsible for all up front engineering. RESOLUTION NO. 4676-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract for Professional Engineering Services with Neel Schaffer, Inc. for (RFQ No. PS23-001) Preliminary Engineering for the FY2023 TAP Project – Sidewalks on Blue Island Avenue and Fairwood Boulevard with a not-to-exceed amount of $82,994.00. [2] TAPAA-TA23 Grant Agreement was approved on December 21, 2022. TAPAA- TA23 Grant reimbursement 80% on the construction. City Treasurer will need to transfer funds from the General Fund to Capital Project Fund. [3] Construction costs will be budgeted in FY2024. DULY ADOPTED THIS 23RD DAY OF JANUARY, 2023 ________________________________ Jay Robinson, Council President Attest: _________________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Agreement (MOA) between the Alabama Law Enforcement Agency (ALEA), and the City of Fairhope Police Department to establish a joint multi-agency working group known as the Alabama Internet Crimes Against Children (ICAC) Task Force to combat exploitation of children through the use of the Internet or other electronic means. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Council President 23 January 2023 Robinson asked Chief Stephanie Hollinghead to come forward and give brief. This will give us a trained investigator that is trained to work these crimes. Councilmember Martin asked if there is an additional cost. Chief Hollinghead replied no additional costs. RESOLUTION NO. 4677-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Agreement (MOA) between the Alabama Law Enforcement Agency (hereinafter referred to as “ALEA”), and the City of Fairhope Police Department (hereinafter referred to as “affiliate” or “affiliate agency” to establish a joint multi-agency working group known as the Alabama Internet Crimes Against Children (ICAC) Task Force to combat exploitation of children through the use of the Internet or other electronic means. ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 __________________________ Jay Robinson, Council President Attest: ______________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves and adopts recommendations for the Public Works Department to create and fund three (3) full- time Custodians (Pay Grade 4); defund five (5) part-time Custodians (Pay Grade 4); and defund Annual Custodial Services Contract with Service Master for automatic renewal on January 26, 2023, and authorizes Mayor Sherry Sullivan to enter a month- to-month contract with Service Masters. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 23 January 2023 RESOLUTION NO. 4678-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendations for the Public Works Department as follows: 1) Create and fund the three (3) full-time Custodians (Pay Grade Four); and 2) Defund five (5) part-time Custodians (Pay Grade Four) from the FY2023 Budget; and 3) Defund Annual Custodial Services Contract with Service Master that is set for automatic renewal on January 26, 2023, and authorizes Mayor Sherry Sullivan to enter into a month-to-month contract with Service Masters. This month-to- month contract will end once the fulltime Custodian positions are filled. ADOPTED THIS 23RD DAY OF JANUARY, 2023 ______________________________ Jay Robinson, Council President ATTEST: ______________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to participate in the Municipal Workers Compensation Fund, Inc. for the purpose of obtaining workers compensation insurance coverage; and authorizes Mayor Sherry Sullivan to sign documents necessary to complete said coverage. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Council President Robinson confirmed with City Treasurer, Kim Creech this was around a $9,100.00 savings. 23 January 2023 RESOLUTION NO. 4679-23 RESOLUTION TO PARTICIPATE IN THE MUNICIPAL WORKERS COMPENSATION FUND, INC. NOW COMES, the City of Fairhope, a municipal entity, and desires to participate in the Municipal Workers Compensation Fund, Inc, for the purpose of being insured for workers compensation risk. After due consideration with appropriate motion being made and seconded the following Resolution was adopted: RESOLVED, the City of Fairhope hereby joins the Municipal Workers Compensation Fund, Inc. for the purpose of obtaining workers compensation insurance coverage and authorizes Mayor Sherry Sullivan to sign such documents as necessary to complete said coverage. ADOPTED THIS 23RD DAY OF JANUARY, 2023 ______________________________ Jay Robinson, Council President ATTEST: ______________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to implement an effective Safety Program for all employees; and appoint Donnie Grice as Safety Coordinator. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Council President Robinson stated City Treasurer, Kim Creech discussed in Work Session this is the 2nd part to Agenda Item 17 to participate in fund. 23 January 2023 RESOLUTION NO. 4680-23 SAFETY RESOLUTION WHEREAS, Workers Compensation costs have increased dramatically during the last few years, and WHEREAS, good safety practices can result in a reduction of on-the-job injuries, now, therefore, BE IT RESOLVED by the Governing Body of the City of Fairhope as follows: 23 January 2023 1. The City of Fairhope recognizes the importance of safety in the work place and is dedicated to its commitment to safety consciousness. 2. Donnie Grice is appointed as Safety Coordinator with the responsibility of implementing an effective Safety Program for all employees of the City of Fairhope. ADOPTED THIS 23RD DAY OF JANUARY, 2023 ______________________________ Jay Robinson, Council President ATTEST: ______________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to extend an additional two (2) weeks for employees on the City’s Health Insurance to complete a biometric screening with Symbol Health Solutions by February 6, 2023. Seconded by Councilmember Boone, motion passed unanimously by voice vote. 23 January 2023 RESOLUTION NO. 4681-23 WHEREAS, the City of Fairhope adopted Resolution No. 4443-22 on April 25, 2022 adopting the Wellness Incentive Program for employees who are on the City’s Health Insurance as outlined in resolution. WHEREAS, the City of Fairhope adopted Ordinance No. 1760 an Ordinance amending Ordinance No. 1510 and repealing Ordinance No. 1691 known as the Personnel Rules and Procedures Ordinance as adopted on October 24, 2022. WHEREAS, with the Wellness Incentivized Program, the City asks employees and retirees to participate in a biometric screening during the first month their Blue Cross Blue Shield insurance is effective and each year in November or December. If no coaching is required then there will be no increase to their health premiums. Coaching is required for high risk employees and high risk retirees and if they are compliant with coaching there will be no increase in health premiums for the next year. If 23 January 2023 employees and retirees choose not to participate in the biometric screening within their first month of insurance effective date and each year in November or December, then the City will increase their insurance premium cost by $50.00 per month/$600.00 per year. If the employees or retirees participate in the biometric screening and is non-compliant with the required coaching for the remainder of the year, then their insurance premium will increase by $50.00 per month/$600.00 per year. The Wellness Incentivized Program will begin January 1, 2023. WHEREAS, the City Council would like to extend an additional two (2) weeks for employees on the City’s Health Insurance to complete a biometric screening with Symbol Health Solutions. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, hereby approves and extends an additional two (2) weeks for employees on the City’s Health Insurance to complete a biometric screening with Symbol Health Solutions by February 6, 2023. ADOPTED THIS 23RD DAY OF JANUARY, 2023 23 January 2023 ______________________________ Jay Robinson, Council President ATTEST: ______________________________ Jenny Opal Wilson, CMC Assistant City Clerk Councilmember Martin moved to appoint Anna Keene and Steven Scyphers to the Fairhope Environmental Advisory Board for a four (4) year term which will expire January 2027. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Martin moved to appoint Carrie Mackey and Shaunda Matthews to the Fairhope Public Schools Commission for a three (3) year term which will expire January 2026. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Council President Robinson opened Public Participation. There was no participation. Councilmember Conyers moved to adjourn the meeting. Seconded by Councilmember Martin, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:46 p.m. Jay Robinson, Council President ________________________________ Jenny Opal Wilson, CMC City Clerk ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE TO AMEND ORDINANCE NO. 1317: A PLANNED UNIT DEVELOPMENT KNOWN AS FLY CREEK; AND TO FURTHER AMEND ORDINANCE 1572; TO APPROVE A REVISED MASTER PLAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF F AIRHOPE, ALABAMA as fo11o ws: WHEREAS, the City of Fairhope has approved a request to zone property to a PUD -Planned Unit Development to be known as Fly Creek PUD on the 23rd day of October 2006; WHEREAS, the City of Fairhope has further approved a request by Fred Corte and Angelo A. Corte to amend said ordinance, specifically approximately 39.46 acres of the total 214 acres; NOW THEREFORE, the current Owners/Applicants, Highlands at Fairhope Village, LLC, requesting an amendment to the Master Plan; and After the appropriate public notice and hearing of the Planning and Zoning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Highlands at Fairhope Village, LLC, is located on the southeast comer of the intersection of US Highway 98 and Parker Road, north of The Woodlands at Fairhope subdivision and south of Sandy Ford subdivision. TAX PARCE LS: Legal Description: (Case number ZC 22.14) 05-46-02-04-0-000-001.000 05-46-02-04-0-000-002.000 05-46-03-08-0-000-002.000 05-46-03-08-0-000-002.001 05-46-03-08-0-000-002.002 05-46-03-08-0-000-002.003 05-46-03-08-0-000-002.004 05-46-03-08-0-000-002.005 05-46-03-08-0-000-002.006 THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 2 EAST, CONTAINING 80.20 ACRES. (RECORDED IN DEED BOOK 506, PAGE 717, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA) AND BEGINNING AT AN OLD IRON PIPE LOCATED AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN THENCE NORTH 89 DEGREES 53 MINUTES 02 SECONDS EAST FOR 2657.26 FEET TO AN IRON PIPE; THEN RUN SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST 1323.02 FEET TO AN IRON PIPE; THENCE RUN SOUTH 89 DEGREES 53 MINUTES 40 SECONDS WEST 2659.18 FEET TO AN IRON PIPE; THENCE RUN NORTH 00 DEGREES 03 MINUTES 15 SECONDS EAST 1322.53 FEET TO THE POINT OF BEGINNING, SAID PARCEL BEING THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 2 EAST, AS SHOWN IN AND BY THE PLAT OF SURVEY OF OCTOBER, 1973, PREPARED BY MICHAEL N. PONDER, A REGISTERED LAND SURVEYOR, ALA. REG. NO. 6775. (RECORDED IN DEED BOOK 459, PAGE 677, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA) AND LOTS 1-4 OF THE RESUBDIVISION OF THE REPLAT OF PHASE 1 OF FAIRHOPE VILLAGE, P.U.D. (PLANNED UNIT DEVELOPMENT), AS SHOWN BY MAP OR PLAT THEREOF, RECORDED AT SLIDE 2424-E AND SLIDE 2424-F, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA. AND: LOTS 5-6 OF PHASE 2 OF FAIRHOPE VILLAGE, P.U.D. (PLANNED UNIT DEVELOPMENT), AS SHOWN BY MAP OR PLAT THEREOF, RECORDED AT SLIDE 2431-A AND SLIDE 243 l'-B, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA. Ordinance No. ---Page -2- AND THE FOLLOWING DESCRIBED PARCEL, TO WIT: COMMENCE AT THE RECORD LOCATION OF AN IRON PIPE AT THE SOUTHEAST CORNER OF FRACTIONAL SECTION 5, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA AND RUN THENCE NORTH 89 DEGREES 41 MINUTES 40 SECONDS WEST, A DISTANCE OF 875.33 FEET TO A CAPPED REBAR (LS #19254); THENCE RUN NORTH 89 DEGREES 41 MINUTES 51 SECONDS WEST, A DISTANCE OF 168.00 FEET TO A REBAR; THENCE SOUTH 00 DEGREES 24 MINUTES 23 SECONDS WEST, A DISTANCE OF 40.03 FEET TO A CAPPED REBAR (CA-0422-LS) ON THE SOUTH RIGHT-OF-WAY OF PARKER ROAD FOR A POINT OF BEGINNING: THENCE RUN SOUTH 00 DEGREES 19 MINUTES 52 SECONDS WEST, A DISTANCE OF 146.85 FEET TO A CAPPED REBAR (CA-0279-LS); THENCE RUN SOUTH 89 DEGREES 54 MINUTES 28 SECONDS WEST, A DISTANCE OF 148.21 FEET TO A CAPPED REBAR (LS #19254) AT THE SOUTHEAST CORNER OF LOT 5 OF PHASE 2 OF FAIRHOPE VILLAGE, P.U.D. (PLANNED UNIT DEVELOPMENT), AS SHOWN BY MAP OR PLAT THEREOF, RECOREDED AT SLIDE 2431-A AND SLIDE 2431-B, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 00 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 147.99 FEET TO A CAPPED REBAR (CA-0422-LS) AT THE NORTHEAST CORNER OF LOT 5 OF SAID PHASE 2 OF FAIRHOPE VILLAGE, P.U.D. AND THE SOUTH RIGHT-OF-WAY OF SAID PARKER ROAD; THENCE RUN SOUTH 89 DEGREES 39 MINUTES 07 SECONDS EAST, A DISTANCE OF 148.02 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 0.50 ACRES, MORE OR LESS AND LIES IN GRANT SECTION 8, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALAMABA. 1.That, in case number ZC 22.14 the property described shall develop in substantial conformity with the site plan attached as "Exhibit A" and further detailed in the project narratives attached as "Exhibit B" and shall remain in compliance with the previously approved and amended PUD site plan. Any substantial deviation from the attached site plan or the previously approved and amended PUD site plan, as detennined by the Planning Director will require re-approval by the Planning Commission and the City Council of the City of Fairhope, Alabama as a PUD amendment; 2.That, the following amendments have been made to approximately 39.46 acres of the total 214 acres: Use: 240 apartment units, 90 flat/townhomes. Road Network: Reconfigured in "Lot 6E" in the attached "Exhibit A" to allow for more efficient site layout. Buildings: Modify the unit mix and elevations within Highlands at Fairhope Village Subdivision as shown on "Exhibit C." The Planned United Development (PUD), Fly Creek, is hereby amended (Ordinance No. 1317 and Ordinance No. 1572). This property shall hereafter be lawful to construct on such property any structures pennitted by Ordinance No. 1253 and to use said premises for any use pennitted or building sough to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approve by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. Severability Clause -if any part, section of subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date -This ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 13th day of February, 2023 Attest: By:----------Lisa A. Hanks, MMC City Clerk By: __________ _ Jay Robinson, Council President Adopted and approved this 13th day of February, 2023 By: __________ _ Sherry Sullivan, Mayor ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE AND ORDINANCE N O . 1402: A PLANNED UNIT DEVELOPMENT KNOWN AS THE IDLEWILD PLACE PUD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE , ALABAMA as follows: Whereas , the City of Fairhope, Alabama, has approved a request to rezone property to PUD -Planned Unit Development, with Ordinance No. 1402 on the 26 th day of October 2009 to establish the Idlewild P lace PUD; Fairhope East, LLC , made an application to amend Ordinance No. 1402 and to rename the development to the Boardwalk Village PUD ; Now Therefore, after a ppropriate public notice and hearing , the Planning Commi ss ion of the City of Fairhope, Alabama, ha s forwarded a favorable recommendation to amend the Idlewild Place PUD , to be known a s th e Boardwalk Village PUD . The property of FST, Fairhope East , LLC , generally located on the west side of State Highway 181 just south of Fairhope Avenue , in Fairhope, Alabama. Boardwalk Village PUD PPIN #: 261908, 310693 Legal Description: (Case number ZC 22.06) Commencing at the NE comer of the Sel/4 of Section 16 T-6-S R-2-E Baldwin County, Al ; thence S00 °24'23"W , a distance of 409 .12 feet more or less to a POINT; thence N89 °35'37"W, a di stance of 40 .00 feet more or less to a 1/2" CAPPED REBAR (FAIRHOPE) on the West R-O-W of State Hwy 181 at the SE comer of Lot 3 of TILLMAN'S CORNER S-D as recorded on SLIDE 1556-A in the Probate Records of Baldwin County , Al. being the POINT OF BEGINNING ; thence S00 °25'07"W, along said We st R-O-W a distance of 1,251.42 feet to a 5/8" CAPPED REBAR (EDS) at the NE comer of COMMON AREA 2 as shown on a Plat of JACKSON PLACE PHASE TWO as recorded on SLIDE 2117-D in said Probate Records ; thence N89 °39'26"W, leaving said R-O-W a distance of 61.30 feet to a SET 5/8" CAPPED REBAR at the SE comer of COMMON AREA 8 as shown on a Plat of JACKSON PLACE PHASE TWO as recorded on SLIDE 2117-D in said Probate Records ; thence N00 °2 l '49"E , a distance of 119.93 feet to a 5/8 " CAPPED REBAR (EDS) at the NE comer of Said Common Area 8; thence N89 °34'36"W, a distance of 59 .95 feet to a 5/8" CAPPED REBAR (EDS) at the NW comer of said Common Area 8; thence S00 °26'04"W, a distance of 120.01 feet to a 5/8" CAPPED REBAR (ILLEGIBLE) at the SW comer of said Common Area 8; thence N89 °33'53"W, a di stance of 241.15 feet to a 5/8" CAPPED REBAR (EDS) at the SE comer of Common Area 3 as shown on a Plat of IDLEWILD SUBDIVISION PHASE 8 as recorded on SLIDE 2169-A in said Probate Records ; thence N00 °26'3 7"E , along the East line of said Subdivision and its extension thereof a Ordinance No. --- Page -2- distance of 1,251.43 feet to a POINT at the SW comer of Lot 3 of said TILLMAN'S CORNERS-Das recorded on SLIDE 1556-A in said Probate Records , said POINT being on the East line of Lot 101 of IDLEWILD PHASE SEVEN "A" as recorded on SLIDE 211 ?E , said Point being 5.0' Westerly of a SET 5/8" CAPPED REBAR online for Reference ; thence S89 °35'37"E, through said Reference pin set a distance of 362.00 feet to the POINT OF BEGINNING, said parcel containing 10 .24 acres , more or less and being situated in the Nel /4 of Section 16 T-6-S R-2-E Baldwin County, Al. 1. That, attached as "Exhibit A" is an appro ved site plan. The property must de velop in substantial conformance with the appro ved site plan and supporting documents. Any substantial de viation from the attached site plan, as determined by the Director of Planning , will require re-approval by the Planning Commission and the City Council of the City of Fairhope, Alabama , as a PUD amendment. 2. That, attach ed as "Exhibit B" is an approved Master Development Plan. The property must develop in substantial conformance with the approved s ite plan and supporting documents . Any substantial de viation from the Master Development Plan, as determined by the Director of Planning , will require re-approval by the Planning Commission and the City Council of the City of Fairhope, Alabama , as a PUD amendment. 3. That, the follo wing amendments have been made to the PUD: Setbacks: Front (Hwy 181)-118 '; Rear -40 '; Side -20 ' Maximum Building Height: 30 ' • 38 .5 ' for the Hotel; Hotel is limited to two stories maximum. • Exception for parapet walls as shown on building elevations may extend to 38.5 '. Building Coverage: Maximum 19 % Lot Coverage: Maximum of 39% Exterior Building Construction : All buildings shall hav e "four-sided" architecture. Screening : An eight-foot (8') priv acy fence shall be constructed on the property lines of the PUD that abut single-family residential zoning and/or uses . Buffers: Along the west boundary, a 20' drainage easement and a 20' heavily landscaped buffer ( 40' total) shall separate the PUD from the residential lots in Idlewild-Along the south boundary, a 20' heavily landscaped buffer shall separate the PUD from Jackson Place. Along the east boundary, a 60' construction setback/buffer shall separate the PUD from State Hwy, 181. Exterior Lighting: Light poles shall be a maximum of twenty -four feet (24') high. Shielding shall be utilized, and foot-candle requirements met. Ordinance No . --- Page -3- Parking: 228 parking spaces are proposed . A shared parking agreement shall be maintained throughout the life of the PUD. Hours of Operation: 5:30 AM to 11 PM Permitted U ses: Retail , restaurant, restaurant with drive thru (maximum of one drive thru), hotel , and office/residential mixed-use. Greenspace: Greenspace shall meet or exceed the Commercial Multiple Occupancy Project requirement of 10%. Landscaping: • Landscaping shall meet the City of Fairhope Landscape Ordinance and screening of the drainage pipes shall be required. • The 20' heavily landscaped buffers along the western and southern boundaries shall consist of hollies , pines, cedars , wax myiiles and/or nativ e oaks. There shall be three (3) total rows of landscaping; one (1) row of 3-3 h "caliper trees and two (2) staggered rows of 15-gallon shrub s . • The 60' setback/buffer to the east, along State Hwy . 181 shall be planted with two (2) staggered rows of 3-3 h" caliper trees. Connectiv ity : Pedestrian connecti v ity by way of a twelve-foot (12') wide mixed-use trail , (shall be provided at Orleans Drive). • An easement for future connectivity to Idlewild Subdivision shall be prov ided. • A 50 ' utility , drainage, and pedestrian easement shall be provided connecting to the Orleans Drive R.O.W. • Pedestrian connectivity shall be provided to the North and the South . Hotel Building Materials : Brick veneer, painted siding, asphalt shingle or metal roof panels, aluminum clad French Quarter style windows and doors, cast iron columns, wrought-iron railings , and copper awnings. Signage: • One complex sign is allowed adjacent to State Highway 181. • All internal signage shall comply with the City of Fairhope Sign Ordinance. The Planned Unit Development (PUD) known as ldlewild Place PUD is hereby amended. It shall hereafter be lawful to construct on such property any structures permitted by Ordinance No . 1253 and to u se said premises for any use pennitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Ordinance No . --- Page -4- Official of the City of Fairhope and that any structure be erected only in compliance with such laws , including the requirements of Ordinance No . 1253 . Severability Clause -if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason , such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date -This ordinance shall take effect immediately upon its due adoption and publication as required by law . Adopted and approved this 13th day of February , 2023 Attest: By: _________ _ Lisa A. Hanks , MMC City Clerk B y: ------------- Jay Robinson, Council President Adopted and approved this 13th day of February, 2023 By: ------------- Sherry Sullivan, Mayor SECTION VIII LABOR AND MATERIALS BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE -;:::---:----:---:-:----:-:::---:------asPrincipal, and----------------,-as Surety, are held and firmly bound unto said Owner, hereinafter called the Obligee, in the penal sum of ________ Dollars ($ ) lawful money of the United States, for the payment of which sum and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain Contract with said Obligee, dated __ (hereinafter called the Contract) for FOUNDERS PARK ATHLETIC TRACK AND -:-A-:-D-D-,IT_I_O_N_A_L __ PARKING PROJECT 23-009, and the specifications for said work shall be deemed a part hereof as fully as if set out herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the said Principal and all subcontractors to whom any portion of the work in said Contract is sublet and all assignees of said Principal and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, materials, or supplies for or in the prosecution of the work provided for in such Contract, or any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees incurred by the successful claimant or plaintiffs in suits or claims against the Contractor arising out of or in connection with the said Contract, then the above obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is subject to the following conditions and limitations. (a)Any person, firm or corporation that has furnished labor, materials, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right to action against the Principal and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the County in which the work provided for in said Contract is to be performed or in any County in which said Principal or Surety does business. Such right of action shall be asserted in a proceeding instituted in the name of the claimant or claimants for his or their use and benefit against the Principal and Surety or either of them (but not later than one (1) year after the final settlement of said Contract falls due) in which action such claim or claims shall be adjusted and judgment rendered thereon. (b)The Principal and Surety hereby designate and appoint---:--------· or his successor or representative as the agent of each of them to receive and accept services of process or other pleading issued, or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Principal and/or Surety. (c)The Surety shall not be liable hereunder for any damages or compensation recoverable under Workmen's Compensation or Employer's Liability Statute. (d)In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the final settlement of said Contract. (e)This bond is given pursuant to the terms of an Act of the Legislature of the State of Alabama approved February 8, 1935, entitled: "An Act to further provide for Bonds and Contractors on State and other public works and suits thereon". (f)The full name and residence of each individual party to the bond must be inserted in the first paragraph. Page 29 of 70 (g)If the Principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are the partners composing the partnership (to be named) and all partners must execute the bond as individuals. (h)The State of Incorporation of each corporate party to bond must be inserted in the first paragraph and the bond must be executed under the Corporate Seal of each party attested by its secretary or other appropriate officer. (i)The date of the bond must not be prior to the date of the Contract. SIGNED, SEALED, AND DELIVERED this ____ day of ____________ 2021. Witnesses: Attest: Attest: (Individual Principals Sign Here) _____________ (SEAL) _____________ (SEAL) _____________ ,(SEAL) _____________ (SEAL) (Corporate Principal Sign Here) BY: -------------- (Surety Sign Here) BY: ------------ Page 30 of 70 SECTION IX CONTRACT FOR CONSTRUCTION THIS CONTRACT, entered into this ____ day of _____ 2022, by City of Fairhope, hereinafter called the Owner, Party of the First Part, and _______________ a Corporation organized and existing under the laws of the State of _______ a Partnership consisting of ___________ of the City of __________ in the State of ____ or ___________ , an individual, hereinafter called the Contractor, Party of the Second Part, WITNE SSETH: That the parties hereto do mutually agree as follows: The Contractor shall furnish the labor, materials and perform the work for the construction of: FOUNDERS PARK ATHLETIC TRACK AND ADDITIONAL PARKING PROJECT Bid No.: 23-009 and other work, complete in place with all appurtenances, for the consideration of the unit prices set forth in the Contractor's proposal (estimated to total $ _____ __,_for the various items of work and in strict and entire conformity with the provisions of the Contract, the advertisement and proposal, the plans, general conditions, special provisions and supplemental specifications, and specifications prepared (or approved) and submitted by the Owner, copies of which are hereto attached, and which said plans and specifications and the advertisement and the proposal are hereby made a part of this agreement as fully and to the same effect as if the same has been set forth at length in the body of this Agreement. The work shall be commenced within ten (10) days of the date specified in a work order to be issued to the Contractor by the Owner, or its authorized representative, and shall be completed within ONE HUNDRED-THIRTY (130) WORKING days from and after the commencement date stipulated in said work order. It is mutually agreed between the parties hereto that time is the essence of this Contract, and in the event the construction of the Work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the first party may retain as liquidated damages, $1,100.00 for each WORKING Day beyond the required date of completion. Page 31 of 70 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written. WITNESS: CITY OF FAIRHOPE BY: --------------- MAYOR WITNESS: CONTRACTOR BY: -------------- Business Address Telephone Number Federal ID# 1, _____________ , certify that I am the ___________ of the corporation named as Contractor herein that _______________ , who signed this Contract on behalf of the Contractor, was then ______________ of said corporatio n: that said Contract was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporation by authority of its corporate powers. (CORPORA TE SEAL) Page 32 of 70 STATE OF COUNTY OF-------� I, the undersigned authority, a Notary Public in and for said State and County, hereby certify that __ _ _________ whose name as ___________ of __________ _ ___ , is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day, that being informed of the contents of the within instrument, he, as such officer and with full authority executed the same voluntarily and as the act of said corporation. Given under my hand and Official Seal this the ____ day of ___________ _ NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF COUNTY OF-------� I, the undersigned authority, a Notary Public in and for said State and County, hereby certify that _ ______________ whose name as ________ , of ______ _ ------, acknowledged before me on this day that, being informed of the contents of the within instrument he, in his capacity as such, executed the same voluntarily on the day the same bears date. Given under my hand and seal this _____ day of ______________ _ NOTARY PUBLIC MY COMMISSION EXPIRES Page 33 of 70 If Individual (Name of Individual or Partne rship) (Print Name of Representative Autho rized to sign Bids and Contracts for the firm) (Signature of Representative Authorized to sign Bids and Contracts for the firm) (Address) (Address) Phone Number ____________ _ (Name of Partne r Print) (Name of Partner Print) Fax Number --------- Primary e-mail addr ess __________________________ _ Alabama Contractor's License No. ________ Foreign Corporation Entity ID ------ If Corporation or LLC Company _________________________________ _ State of Incorporation -----------------------'--------- Company Representativeri(P�rrilin;;jt�Ny;a;;;m;;-;e�o�t'i=R�e;;;p:;:;;re�s;e�nt;atiiliv;;;e:-"iA;:;-urttth:;;o;;rii;:ze;,ditj;:o;--;s;;;ig:;;n;-iB�irlods�a;:;;n:;;diiC�o:;;:n;,tr:;a;::;cti::s,fo;:::r:-;t-;:-he::,;:fir=m::-;)-------- Compa n y Representative 1(S;::-1;:.g:::n:at:u:re=-=of;--;R:;--:e::p:re::s:e:nt;:a-;-;:tiv-:::e:---A;::u:th::o::r::iz:ed:;-::to:-:s:-;:ig::n:-:B;:;-;i-:;ds::-:an::d�C;:::-o::n::tr:a:ct;::-s-;f-or�t-:--he-=-fi r-m-:-)-------- Add ress _________________________________ _ Phone Number ______________ Fax number _____________ _ Primary e-mail add ress ___________________________ _ Alabama Contractor's License No. ________ Foreign Corporation Entity ID ------- Page 34 of 70 STATE OF COUNTY OF _______ _, I, the undersigned authority in and for said State and County, hereby certify that -------- (Type name of bid signer here) (T ype bid signer's Title here) of --------------:::(T,-yp_e_c_o_m_pa_n_y-n a_m_e---:h -e -re-:--) -------------- whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, being informed of the contents of the document they executed the same voluntarily on the day the same bears date. Given under my hand and Notary Seal on this __ day of _________________ _2022. NOTARY PUBLIC MY COMMISSION EXPIRES Page 35 of 70 Section X City of Fairhope Standard Terms and Conditions STANDARD TERMS AND CONDITIONS CITY OF FAIRHOPE, ALABAMA 1.ACCEPTANCE OF AGREEMENT This Agreement contains all terms and conditions agreed upon by the OWNER and Winning bidder. No other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. The Winning Bidder shall not employ Subcontractors without the express written permission of the OWNER. No waiver, alteration, consent or modification of any of the provisions of the Agreement shall be binding unless in writing and signed by the OWNER and CONTRACTOR. This Agreement shall not be construed against the party or parties preparing it. It shall be construed as if all the parties and each of them jointly prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against one or more parties. 2.ACCEPTANCE OF WORK The City of Fairhope will be deemed to have accepted the Work after the City of Fairhope agrees the Work is completed by signature on delivery or service tickets. In the event Work furnished under the Contract I Agreement I Purchase Order is found to be defective or does not conform to the intent of the Contract/ Agreement/ Purchase Order, the awarded vendor shall, after receipt of notice from the City of Fairhope, correct the deficiencies. Failure on the part of the awarded vendor to properly correct the deficiencies within the time period allowed will constitute the City of Fairhope's right to cancel the Contract I Agreement I Purchase Order immediately, upon written notice to the awarded vendor. 3.ADDENDA All Addenda are part of the Contract Documents. Include resultant costs in the Bid. Addenda will be issued by email to all Bidders on record, and posted to the City of Fairhope website http://www.fairhopeal.gov/. It is the resp onsibility of the bidder to verify that all addenda have been received, and to include all signed addenda in the bid submission. 4.ADDITIONAL ORDERS Unless it is specifically stated to the contrary in the bid response, the City of Fairhope reserves the option to place additional orders against a contract awarded as a result of this solicitation at the same terms and conditions; to extend the renewal date until a new bid is in place, if it is mutually agreeable. 5.APPLICA BLE LAWThis Agreement is deemed to be under and shall begoverned by and construed according to the laws of the State of Alabama. Any litigation arising out of theAgreement shall be heard in the Courts of Baldwin County, Alabama. 6.ASSIGNMENT The award ed vendor shall not assign the Contract /Agreem ent /Purchase Order or sublet it as a whole wit�out the express written permission of the City of Fairhop e. The awarded vendor shall not assign anypa�ment du� th_em hereunder, without the expresswritten perm1ss1on of City of Fairhope. The City ofFairhope may assign the Contract/ Agreement/ Purcha se Order, or sublet it as a whole, without theconsent of the awarded vendor. 7.ASSURANCE OF NON-CONVICTION OF BRIBERY The bidder hereby declares and affirms that, to its best knowledge, none of its officers, directors, or partne�s _and none of its employees directly involved 1n obtaining �ontracts has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any state or Federal government. 8.AWAR D CONSIDERATIO NThe follow ing factors will be considered indetermining the lowest responsible bidder: Overallquality, C_o_nformity with specifications both general and spec1f1 c, Purposes for which materials or servicesare_ required_, Deliv �ry-dates and time required for deliver y, Unit acq�1s1t1on cost, financial ability to meetthe contra ct, previous performance, facilities and eq�ipm ent, a�ailability of repair parts, experience, deliv �ry promise, terms of payments, compatibility asrequired, other costs, and other objective andaccountable factors which are reasonable. 9.AWARD OR RE JECTION OF BIDST�e Bid will b� awa _rded to the lowest responsible bidder complying with conditions of the invitation forbids, provid ed his bid is reasonable and it is in the intere st of the City of Fairhope to accept it. The bidderto whom the award is made will be notified at the earlies t possi�le date. The City of Fairhope, however,reserv es the right to reject any and all bids and to waive r any informality in bids received whenever suchrejection or waiver is in the intere st to the City ofFairhope. Page 36 of 70 10.BACK ORDERS If it is necessary to back order any items, the vendor must notify the Purchasing Department and advice as to the expected shipping or delivery date. If this date is not acceptable, the City of Fairhope may seek remedies for default. 11.BID AND PERFORMANCE SECURITY If bid security is required, a bid bond or cashier's check in the amount indicated on the bid cover must accompany the bid and be made payable to The City of Fairhope of Baldwin County, Al. Corporate or certified checks are not acceptable. Bonds must be in a form satisfactory to the City and underwritten by a company licensed to issue bonds in the State of Alabama. If bid security fails to accompany the bid, it shall be deemed unresponsive, unless the Purchas ing Manager deems the failure to be non substantial. All checks will be returned to the bidders after the contract has been approved. If a performance bond is required, the successful bidder will be notified after the awarding of the contract. 12.BRAND NAMES Reference to brand names and numbers is descriptive, but not restrictive, unless otherwise specified. Bids on equivalent items meeting the standards of quality thereby indicated will be considered, providing the bid clearly describes the article offered and indicates how it differs from the referenced brands. Descriptive literature or manufacturers specifications plus any supplemental information necessary for comparison purposes should be submitted with the bid or the bid on that item may be rejected. Reference to literature submitted with a previous bid or on file with the Division of Purchasing will not satisfy this requirement. The burden is on the bidder to demonstrate that the item bid is equivalent to the item specified in the 1TB. Bids without sufficient documentation to fully support equality, may be considered non-responsive. Reference by the City of Fairhope in the 1TB to available existing specifications shall be sufficient to make the terms of such specifications binding on the bidder. Unless the bidder specifies otherwise in its bid, it is understood the bidder is offering a referenced brand item as specified in the 1TB or is bidding as specified when no brand is referenced. Failure to examine drawings, specifi cations and instructions will be at the bidder's risk. 13.BUSINESS LICENSE The vendor selected to enter into a Contract / Agreement with the City of Fairhope must be licensed to do business in the City of Fairhope prior to commencement of any work under the contract. Delivery of goods or services to the City of Fairhope by Purchase Order have detailed and varied Business License requirements. In all instances that require a business license. Awarded vendor will provide pro_of of possessing a current City of Fairhope Business License. Prospective bidders will not be required to possess a City of Fairhope Business License prior to award. 14.CANCELLATION OF/ CONTRACT JAGREEMENT / PUR CHASE ORDER / LEASEA purcha se order can be canceled in whole or in partwhen awarded vendor fails to deliver or perform as specified . Cancellation of a purchase order can onlybe made by a written purchase order change (POC)from the City of Fairhope. A term contract, lease or agr�en:ient can be canceled by the City of Fairhope,for 1ust1f1abl e cause, or convenience, by writtennotice. 15.CERTIFICATION PURSUANT TO ACT NO.2006-557 Alabam a law (section 41-4-116, code of Alabama 1975) provide s that every bid submitted and contrac texecuted shall contain a certification that the vendorCONTRACTOR, and all of its affiliates that makesales for delivery into Alabama or leases for use in Alabama are registered, collectingand remitting Alabama state and local sales use and/or lease tax ' ' on all _taxable sa�es and leases into Alabama. By submitt ing this bid, the bidder is hereby certifying thatthey are in full compliance with act no. 2006-557, they are notbarred from bidding or entering into a contractpursuant to 41-4-1 16, and acknowl edges that the awarding authority maydeclare the contra ct void if the certification is false. Allcorporations must registe r to do business in Alabama with the Office ofthe Secretar y of State. Their address is: Office of the Secretary of State P.O. Box 5616 Montgomery, AL 36103 (334)242-5324Fax: (334) 240-3138http://www.sos.state.al.us/ind ex.aspxThe Foreign Corporation form is online at http://www.sos.state.al.us/downlo ads/dl1.cfm. 16.COST OF REMEDYING DEFECTS All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials or equipment will be charged against the awarded vendor. 17.DELIVERY OF BID Bids must be received in the Purchasing Office by the Page 37 of 70 date and time specified on the bid cover. All bids will be accepted until the time and date stated on the bid cover. No bids will be accepted that extend past the time and date on the bid cover. The time of receipt shall be determined by the time clock stamp in the Purchasing Department. Bids submitted by U.S. Mail must be received by the City of Fairhope of Baldwin County, Alabama, in the City of Fairhope offices, 555 South Section St., Fairhope, Al., unless otherwise specified. 18.DELIVERY The number of calendar days required for delivery after receipt of a purchase order shall be stated in the RFQ / 1TB / RFP and /or Purchase Orders. When no time is stated in the document, the time shall be fourteen (14) calendar days after receipt of order. If a shipment is not made within the time period specified, the Purchase Order may be canceled. 19.ENVIRONMENTAL REQUIREMENTS All products will be clearly labeled for their intended use. Each delivery of product or materials will include a Material Safety Data Sheet (MSDS) for all materials that require an MSDS. All manufacturers/distributors of hazardous substances, including any of the items listed on this bid/quote/ contract and subsequent award must include completed material safety data sheet (MSDS) for each hazardous material. Additionally, each container of hazardous materials must be appropriately labeled with: a)The identity of the hazardous material, b)Appropriate hazard warnings, and manufacturer, importer, or other responsible party. 20.EQUIPMENT DEMONSTRATION The City of Fairhope may require equipmenU product materials or service techniques to be demonstrated at a time, date and location to be specified by the City of Fairhope. 21.EQUIPMENT ELECTRICAL CERTIFICATION All electrical equipment purchased shall conform to, and be identified in, the applicable standard(s), or otherwise be certified as applicable, as of the bid opening date and time, by Underwriters Laboratories, Inc. or other recognized laboratory facility. Bidder must provide satisfactory documentation with returned bid that all such equipment meets the applicable product standard or has otherwise been certified as outlined above. Unless indicated in the bid document, the above certification shall apply to the equipment itself, not the individual components of that equipment. 22.ERRORS IN BIDBidders are assumed to be informed regarding conditions, requirements and specifications prior to submitting bids. Failure to do so will be at the bidder's risk. Bids al�eady s_ubmitte_d may be withdrawn without penalty prior to bid opening. Errors discovered after the bid opening may not be corrected. 23.FORCE MAJEURE Neither the City nor the awarded vendor shall be deemed in breach of any contract / Purchase Order or Ag �ee_me�t."".hich may result from this propo sal subm1s s1on if It Is prevented from performing any of the obligati ons hereunder by reason of Acts of God acts of the public enemy, acts of superior ' govern n:ental authority, strikes or labor disputes, floods, nots, rebellion, sabotage, or any similar other unfores eeable causes beyond its control and not due to its f_ault or _negli gence. Each party shall notify the other 1mmed1ately in writing of the cause of such after the beginn ing period thereof. The awarded vendor may reque st cancellation and the City of Fairhope may grant the request if perform ance is prevented by any of the above referenced causes, or other unavo idable circumsta nces not attributable to the fault or neg _ligence of the vendor. The burden of prooffor such relief rests with the vendor. All corre spondence pertaining to cancellation of a purch ase order or term contract must be addressed to the City of Fairhope Purchasing Manager. 24.HAZARDOUS AND TOXIC SUBSTANCES Bidder must comply with all applicable Federal State County and City laws, ordinances and regulati�ns relating to hazardous and toxic substances, including such laws, ordinances and regulations pertaining to information hazardous and toxic substances, and as amended from time to time. Bidder shall provide the City of Fairhope with a "Material Safety Data Sheet" for all goods that carry one. 25.INDEMNITY !ndemn !ty: The awarded vendor hereby agrees to m�emnify and save harmless the City of Fairhope, itsofficers,_ ag _��t, and employees, from and against any and all ltab11tt1es, claims, de!11ands, dan:iages, fines, fees, expenses, penalties, suits, proceed ings, actions and cost of actions including reasonab le attorn eys _f�es for trial and on appeal, of any kind andnature, ansIn_g or growing out of, or in any way connected with the performance of this Contract / Agreem ent I Purchase Order, to the extent caused by a negligent act or omission of the awar ded vendor, their agents, servants, emplo yees, Sub-c ontractors, or others associated with the awarded vendor. The awarded vend or shall be resp onsible for damage to any eq�1pment excluded from this agreement, or damage or mJury caused by any equipment excluded from this agree ment, only to the extent that Page 38 of 70 the damage or injury is caused by a negligent act or omission of the awarded vendor, or caused by failure of the awarded vendor's supplied product to perform as specified. 26.INSPECTION All materials, workmanship, equipment, and supplies are subject to inspection and test at any source or time. Final inspection, acceptance or rejection will be made at delivery dest ination. Goods that do not meet specifications will be rejected unless substitutions have been approved by the City of Fairhope. Failure to inspect or to reject upon receipt, however, does not relieve the awarded vendor of liability. When subsequent tests, after receipt, are conducted and when such tests reveal a failure to meet specifications, the City of Fairhope will reject the goods and the awarded vendor shall immediately supply goods meeting specifications or the City of Fairhope may seek damages including but not limited to the testing expense, regardless of whether a part of or all of the goods have been consumed through the testing process. Rejected goods shall be removed by the awarded vendor promptly after rejection, at his expense. If not removed in fourteen (14) calendar days, they may be disposed of at the discretion of the City of Fairhope. Disposal costs will be the awarded vendor's responsibility. 27.INSPECTION OF PREMISES At reasonable times, the City may inspect those areas of the awarded vendor's place of business that are related to the performance of a Contract / Agreement I Purchase Order. If the City makes such an inspection, the awarded vendor must provide reasonable assistance. The City of Fairhope reserves the right on demand and without notice all the vendor's files associated with a subsequent Contract I Agreement I Purchase Order where payments are based on the awarded vendor's record of time, salaries, materials, or actual expenses. This same clause will apply to any sub-contractors assigned to the Contract / Agreement / Purchase Order. 28.INSURANCE If a Contract / Agreement / Purchase Order results from this RFQ /ITS /RFP, or other form of solicitation, the awarded vendor shall maintain such insurance as will indemnify and hold harmless the City of Fairhope from Workmen's Compensation and Public Liability claims from property damage and personal injury, including death, which may arise from the awarded vendor's operations under this Contract / Agreement / Purchase Order, or by anyone directly or indirectly employed by him/her. 29.INVITATION TO BID Any provisions made in the RFQ / 1TB / RFP, or other form of solicitation, supersedes any provisions outlined here in the General Terms and Conditions. 30.INVOICING, DELIVERY, PACKAGING Invoices shall be prepared only after ordered materials have been delivered. All invoices must show the purchase order number. Unless otherwise specified in writing, vendors shall not ship any material without an authorized Purchase Order from the City of Fairhope Purchasing Department. All packages delivered must show the purchase order number. The awarded vendor will be required to furnish all materials, equipment and/or service called for at the bid price quoted. In the event the awarded vendor fails to deliver within a reasonable period of time as determined by the City of Fairhope, the right is ' reserved to cancel the award and subsequent purchase order and purchase from the next lowest responsible bidder the items needed. The original awarded vendor will be back charged the difference b�tween t�e original contract price and the price the City of Fairhope has to pay as a result of the failure to perform by the original awarded vendor. All bids will remain firm for acceptance for 60 days from the date of bid opening. Prices shall be net F.O.8., Prepaid and Allow, City of Fairhope chosen site, Baldwin County, Al. The title and risk of loss of the goods will not pass to the City of Fairhope until receipt and acceptance takes place at the F.O.B. point. 31.LABELINGIndividual shipping cartons shall be labeled with thename "City of Fairhope", Purchase Order Numberand where applicable, Contract Number, date of manufa cture, batch number, storage requirements conditio ns, and recommended shelf life. Bidders a'reencouraged to offer product packaging with recycledcontent. 32.LOSS OR DAMAGE IN TRANSIT Delivery by a vendor to a common carrier does not constitute delivery to the City of Fairhope. Any claimfor loss or damage incurred during delivery shall bebetween the vendor and the carrier. The City of Fairho�e accepts title on!y after satisfactory receipt atthe delivery point. The City of Fairhope shall note all visible damages on the freight bill and may refuse thedamaged goods. The vendor shall make immediatereplacement of the damaged merchandise or besubject to damages for breach of contrac t. If damage is to a small portion of a totalshipment and the City of Fairhope will not be inconv enienced because of the shortage, the vendor Page 39 of 70 may be permitted by the Purchasing Manager to deduct the amount of damage or loss from its invoice, in lieu of replacement. Risk of loss during delivery is borne by the vendor until the goods have been accepted by the City of Fairhope, unless otherwise specified in the RFQ / 1TB I RFP or other form of solicitation. 33.MANDATORY SITE VISIT If the RFQ / 1TB /RFP or other form of solicitation requires a mandatory site visit, bidders must inspect the site where installation or service is to take place to obtain a full understanding of scope of work outlined therein. Date of site visit will be determined by the City of Fairhope. 34 MONITORING OF SERVICES Performance of services will be monitored by the requisitioning department and/or the Purchasing Department, and evaluation reports may be filed with the Purchasing Department. Performance not meeting specifications will result in cancellation of Contract I Agreement I Purchase Order and may result in vendor being removed from the vendor list. 35.NON-CONFORMING MERCHANDISE When merchandise received from the lowest responsible bidder is not in accordance with the purchase order, it will be returned to the bidder, at bidder's expense. 36.NON-DESCRIMINATION The City of Fairhope is an Equal Opportunity Employer and requires that all CONTRACTORS comply with the Equal Employment Opportunity laws and the provisions of the Contract/ Agreement/ Purchase Order documents in this regard. The City also encourages and supports the utilization of Minority Business Enterprises on this and all public bids. 37.NON-EXCLUSIVE Unless otherwise specified, this Contract/ Agreement / Purchase Order is considered a non-exclusive Contract /Agreement I Purchase Order between the parties. 38.NOTIFICATION AND ACCIDENT REPORTS In the event of accidents of any kind, in the performance of a Contract/ Agreement/ Purchase Order, the awarded vendor shall notify the City of Fairhope immediately and furnish, without delay, copies of all _such accident reports to the City of Fairhope. If in_ the performance of their Work the awarded vendor fails to immediately report a� accident to the City of Fairhope, of which the award ed vendor has knowledge of and which results in a fine levied against the City of Fairhope then the awarded vendor shall be responsible for all fines levied against the City of Fairhope. 39.PACKAGING All go_ods must b� packaged in new packing contain ers. P�ck1�g that meets the requirements ofcommon earners 1s acceptable, unless otherwise require d. A packing slip or invoice must accompa ny all shipmen ts and must reference the purchase ord ernumber. U�less otherwise specified, goods are to bepackaged in cartons meeting federal specificatio ns and shipp ed on non-returnable pallets. 40.PATENTS Award ed Vendor guarantees that the sale and/ or use of goods will not infringe upon any U.S. or foreignpatent. Awarded vendor will at his / her own expen se, indemnify, protect and save harmless the City of Fairhope, on any patent claims arising fromthe purchas e of goods or services. 41.PAYMENT lnvoic�s --Up�� co!11pletion of service and delivery ofmaterials spec1f1 ed in the applicable purchase orderawarded vend or will submit an invoice and signed deliveryticket to: City of Fairhope Accou nts Payable DepartmentP.O. Box 429 Fairhope, Al. 36533 All invoices must reference appropriate Purchase Order Numbers Pay�ent of Invoice: All invoices received by the City of Fairhope are _Payable within thirty (30) days from the date of receipt by the City of Fairhope, provided they are approved by the City of Fairhope. 42.PAYMENT WITHHELDPayment may be withheld until all items have beendelivered and all requirements of the Contract / Agreement I Purchase Order have been fulfilled. 43.PRODU CT TESTING Vendor shall incur all cost involved in obtaining an Independen t Lab oratory Test if the City deemsnecessary during the term of the Contract / Agreem ent I �urc hase Order. The City of Fairhope reserve_s the right to request a demonstration of anyand all items bid before making the award. Page 40 of 70 44.PERMITS LICENSES AND CERTIFICATES The awarded vendor is to procure all permits, licenses, and certificates, or any approvals of plans or specifications as may be required by Federal, State, Local Laws, ordinances, rules, and regulations, for the proper execution and completion of Work covered under the Contract/ Agreement/ Purchase Order. 45.PREPARATION OF BID All bids / proposals shall be typewritten or in ink on the form(s) prepared by the City of Fairhope. Bids/ proposals prepared in pencil will not be accepted. All bids/ proposals must be signed by officials of the corporation or company duly author ized to sign bids I proposals. Any bid I proposal submitted without being signed will automatically be rejected. All corrections or erasures shall be initialed and dated by the person authorized to sign quotations /bids / proposals. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. 46.QUESTIONS / CONT ACT Commencing with the issuance of the RFQ / 1TB / RFP, or other form of solicitation, no vendor or anyone acting on a vendor's behalf, shall make direct or indirect contact with City personnel or undertake any activities or take any action to otherwise promote its quotation / bid / proposal to the City or its personnel. All communications shall be made to the contact identified in the quotation / bid / proposal documents. Violation of this requirement may, at the City's sole and absolute discretion, be grounds for disqualifying a vendor from further consideration. 47.RECEIPT BY CITY OF FAIRHOPE If not otherwise stated in the order, the City of Fairhope will be said to have received goods when they have been delivered, unloaded and placed on the agency's dock or if there is no dock, inside an accessible building, and signed for by an authorized City employee. Shipments will be checked against the receiving copy of the Purchase Order. If the purchase order requires grading certificates, USDA Stamps, or any proof of quality, such proof must accompany the shipment. 48.REJECTION OF BIDS The City of Fairhope reserves the right to accept or reject any or all bids in whole or in part for any reason, to waive technicalities or informalities, or to advertise for new proposals, if, in the judgment of the awarding authority, the best interest of the City of Fairhope will be promoted thereby. Bidders may be disqualified and rejection of proposals may be recommended for any of (but not limited to) the following causes: Fa ilure to use the bid forms furnished by the City of Fairhope, Lack of signature by an authorized representative on the bid form, Failure to properly complete the bid form a�d vendor comp�iance, Evidence of collusion among bidders, unauthorized alteration of the bid form. 50.RIGHT TO AUDIT The awarded vendor shall maintain documentation ofall work performed. The awarded vendor shall makeany and all docum entation available to the City of Fairhope at allre_asonabl _e times, fo� inspections and audit by the City of Fairhope, during the entire term of the Contrac t I Agreement / Purchase Order and for a period of Three (3) years after expiration of theContract I Agreement / Purchase Order. 51.SAMPLES Bidders will not be required to furnish samples at the time of bid opening, unless specifically called for. The City of Fairhope reserves the right to requestsamples after bid opening to assist in the evaluation of proposals submitted. 52.SAFETY MEASURES The aw�rded vendor shall take all necessary precautio ns for the safety of the City of Fairhope'sand awarde d vendor's employees at the Work site and shall erect and properly maintain at all times, �I I necess ary safeguards for the protection of the workm en and the public. The awarded vendor shall post signs warning against hazards in and around theWork site. 53.SET-UP AND INSTALLATION Unless otherwise specified, bid / quotation to includecost of all u_ncrating, disposal of shipping materials,set-up, testing and initial instruction to agency personnel. 54.SPILL CLEAN UP The awarded vendor shall be responsible for spillage caused by their negligence, which occurs during transit or unloading operations. The awarded vendor shall immediately report and clean up any spillage. Upon failure to do so, the awarded vendor shall remain responsible for all actual related costs. 55.SUBSTITUTIONS Substituti ons on a purchase order shall require theapproval of the C?riginating Buyer. The City of Fairhope reserves the nght to reJect at destination and hold at the vendor's ri�k and expense any goods supplied by thevendor which do not conform to the specification ordescription embo died in the order or are inferior in Page 41 of 70 any respect to the good specified. Any good bought by sample which is inferior in quality to the sample submitted by vendor will be rejected. Any goods delivered that do not meet specifications may be returned to the vendor at its expense. When a good is returned, the vendor must make immediate replacement with acceptable merchandise or the City of Fairhope may seek remedies for default. 56.TABULATION Bid results are posted on The City of Fairhope's web site: www.fairhopeal.gov . The awarded vendor will be sent a written notification via mail. 57.TAXES Prices quoted shall be delivered prices, exclusive of all federal or state excise, sales, and manufacturer's taxes. The City will assume no transportation or handling charges other than specified in the RFQ, 1TB, RFP or other form of solicitation. The City is tax exempt by law -Code of Alabama 1975. 58.TERMINATION FOR CONVENIENCE Any Contract I Agreement I Purchase Order may be terminated for convenience by the City of Fairhope, in whole or in part, by written notification to the awarded vendor. 59.TERMINATION FOR DEFAULT Performance of Work under.the Contract I Agreement / Purchase Order Agreement may be terminated by the City of Fairhope, in whole or in part, in writing, whenever the City of Fairhope determines that the awarded vendor has failed to meet the requirements of the Contract / Agreement / Purchase Order. 60. TERMINATION FOR NON-AP PROP RIA TION Termination for Non-appropriation -The continuation of any financial obligation beyond the current fiscal year is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the local source, State Legislature and/or federal sources. The City of Fairhope may terminate any financial obligation, and awarded vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the City of Fairhope's funding from local, State and/or federal sources is not appropriated, withdrawn or limited. 61. TIME IS OF THE ESSENCE The City of Fairhope and awarded vendor agree that time is of the essence in the performance of work called for under this Contract / Agreement / PurchaseOrder. The awarded vendor agrees that all work willbe accomp lished regularly , diligently and uninterr upted at such a rate of progress as willensure full comple tion thereof within reasonable time periods. 62.TITLE All_titles, fees, as well as other charges, are to bepaid by awarded vendor. Awarded vendor is to furnish prepaid certificate of title in the name of the City of Fairhope, Title shall change upon acceptanc eof de_livery at the City of Fairhope approved deliverylocation. 63.VENDOR LIST A_vendor _may be removed from the City of Fairhope'sBidders List if a vendor fails to respond to three (3) cons ecutive ITB's. A properly submitted "No Bid" is considered as a response and the vendor will receivecredit for the response. 64.WARRANTY The award ed vendor expressly warrants that all article s, materials, and work offered shall conform to each and e�ery specification , drawing, sample, or other _descript_1on which is furnished to or adopted by the City of Fairhope, and that it will be fit and suffici ent for the purpose intended merchan table of good materia l and workmanship, �nd free from defect s. The awarded vendor further warrants allitems for a period of one year, unless otherwisestated, from the date of acceptance of the items deliver ed and install�d or work completed. All repairs,replacements, or adjustments during the warranty period will be at th� awar?ed vendor's sole expens e.Awar ded vendor will provide written warranty for allparts and _labor for a period of (1) one year cor:1m encin g _from date of written acceptance of delivery by City of Fairhope. Awarded vendor willprovide written copies of all other applicable warrant!es, �uch as, Manufactur er's warranty. Thosewarranties, if any, will be in addition to the awarded vendo r's warranty, and the terms of which will not be altere d by the awarded vendor's warranty. 65.IMMIGRATION LAW The Contra ctor agrees that it shall comply with all of the requir ements of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No 2011-535, Alaba ma Code (1975) Section 31-13-1, et. Seq.,(also_ known as the Alabama Immigration Act) seeSection 31-13-9, and the provisions of said Act including all penalties for violation thereof are ' incorporated herein. ' Page 42 of 70 1. Section XI General Conditions of the Contract CONTRACT AND CONTRACT DOCUMENTS: The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the General Conditions shall form part of this Contract the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in the said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Contents 1.Contract and Contract Documents 2.Additional Instructions and Detail Drawings 3.Shop Drawings 4.Materials, Services, and Facilities 5.Contractor's Title to Materials 6.Inspection and Testing of Materials 7."Or Equal" Clause 8.Patents 9.Surveys, Permits and Regulations 10.Contractor's Obligations 11.Weather Conditions 12.Protection of Work and Property--Emergency 13.Reports, Records and Data 14.Supervision by Contractor 15.Changes in Work 16.Extras 17.Owner's Right to Perform Work 18.Time for Completion and Liquidated Damages 19.Correction of Work 20.Subsurface Conditions Found Different 21.Claims for Extra Cost 22.Right of Owner to Terminate Contract 23.Construction Schedule and Periodic Estimates 24.Payments to Contractor 25.Acceptance of Final Payment Constitutes Release 26.Payments by Contractor 27.Insurance 28.Contract Security 29. Additional or Substitute Bond 30.Assignments 31.Mutual Responsibility of Contractors 32.Separate Contract 33.Subcontracting 34.Engineer's Authority 35.Stated Allowances 36.Use of Premises and Removal of Debris 37.Lands and Rights-of-Way 38.General Guaranty 39.Conflicting Conditions 40.Notice and Service Thereof 41.Provisions Required by Law Deemed Inserted 42.Protection of Lives and Health 43.Other Prohibited Interests 44.Use and Occupancy Prior to Acceptance by Owner Page 43 of 70 2. 3. 45.Project Documentation 46.Suspension of Work 47.Underground Utilities and Services 48.Existing Utilities 49.Erosion Control50.Plans and Specifications Furnished 51.Public Convenience 52.Equipment 53.Deter mination of Lines and Grades 54.Contract Close-Out The following terms are used in this contract are respectively defined as follows: (a) (b) "Contractor'': A person, firm or corporation with whom the contract is made by the Owner. "Subcontractor'': A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with the Contractor. (c)"Work on at the project": Work to b� performed at the lo�ation of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS: The Contractor will be furnished additional inst:�ctions and detail dr�wings as necessary to carry out the work included in the contract. The add1t1onal drawings a_nd instruction thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonable interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawing and i�structio�s. Th� Con!ractor_ and the �ngineer will prepare jointly (a)schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. SHOP DRAWINGS: The Contractor shall submit to the Engineer for review, five (5� copies of all Shop Drawings, plus the number of copies the Contractor wishes to have returned to him after the Engineer's review collated according to the organization of the accepted schedule of Shop Drawings, which has written i�dication that the Contractor has satisfied their responsibilities und�r the Contract. All Shop Drawing submissions shall be identified on enclosure and show ProJect name and Project number. The information shown on the Shop Drawings will be complete with respect to all design criter ia, materials and similar data to enable the Engineer to review the information as required. ' The Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data prior to submission to the Engineer for review. The Contractor shall furnish five (5) complete sets of t�e c_orrected copies of Shop Drawings including parts list, operation and maintenance manuals, lubrication charts and descriptive literature for all equipment. Also, any manufacturer's drawings of special materials required for the job shall be submitted to the Engineer for review prior to installation. 4.MATERIALS, SERVICES AND FACILITIES: Page 44 of 70 (a)It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. (b)Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner. 5.CO NTRACTOR'S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumb rances. 6.INSPECTION AND TESTING OF MATERIALS: 7. 8. (a) (b) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as a part of the contract. Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specification and suitability for uses intended. "OR EQUAL" CLAUSE: Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturer's or vendor's names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any materials, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, as determined by the Engineer is of equal substance and function. It shall not be purchased or installed by the Contractor without the Engineer's written approval. PATENTS: (a) (b ) (c) The Contractor shall hold and save the Owner and its officer, agents, servants, and employees harmless for liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. If the Contractor uses any design, device or materials co�ered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of $uch patented or copyrighted design, device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. Page 45 of 70 9.SURVEYS, PERMITS, AND REGULATIONS: Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor centerline, clearing limits, and control points for project. T�e Cont�actor shall procure and pay all permits, licenses and approval necessary· for the execution of his contract. Rules, orders, and regulations relating to performance of the work, the pr?tection __ of adjacent property, and the maintenance of passageways, guard fences or other protective fac1l1t1es. Construction staking will be provided for only one time. Additional s_urvey work will be provided by Contractor with no additional cost to the Owner. Contractor will be provided coordinates for said project upon request. 10.CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform an� complete al! t�e work required by this contract, within the time herein specified, in accordance with the prov1s1ons of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplem ental plans and drawings, and in the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Engineer and the Owner. 11.WEATHER CONDITIONS: 12. In the event of temporary suspension of work, or during inclement weather, or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in t�e opinion of the Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. PROTECTION OF WORK AND PROP ERTY-EMERGENCY: The Contractor shall at all times safely guard the Owner's property from injury or loss in connectio nwith this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall rep_lace ?r make good any such damage, loss or injury unless such is caused directly by errors contained 1n the contract or by the Owner, or his duly authorized representatives. In case of any emergency which threatens loss or injury of property, and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Engineer, in a diligent man ner. He shall notify the Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Engineer for approval. Where the Contractor has not taken action but has noti!i�d _the Engineer of any emergency threatening injury to persons or damage to the work or any adJommg property, he shall act as instructed or authorized by the Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 15 of the General Con ditions. Page 46 of 70 13.REPORTS, RECORDS, AND DATA: The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this contract. 14.SUPERVISION BY CONTRACTOR: 15. 16. 17. At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. CHANGES IN WORK: No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the Owner. Charges o� cr�drts for the wor� covered by the approved change shall be determined by one or more, or a comb1nat1on of the following methods: (a)Unit bid prices previously approved. (b)An agreed lump sum. (c)The actual cost of: 1.Labor, including foremen; 2.Materials entering permanently into the work; 3.The ownership or rental cost of construction plant and equipment during the time of use on the extra work; 4.Power and consumable supplies for the operation of power equipment; 5.Insurance; and 6.Social Security and old age and unemployment contribution. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen (15%) percent of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. EXTRAS: Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted acc ordingly and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials, shall be allowed unless the work is ordered in writing by the Owner or its Engineer, acting officially for the Owner, and the. price is stated in such order. OWNER'S RIGHT TO PERFORM WORK: It is understood that the Owner may delete any and/or all of the items listed above and the Contractor agrees to construct the remaining items at the bid price for each item. 18.TIME FOR COMPLETION AND LIQUIDATED DAMAGES: It is hereby understood and mutually agreed, by and between the Contrac tor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in his contract shall be commenced on a date to be specified in the "Notice to Proceed". The Contractor agrees that said work shall be prosecuted regularly, diligently, Page 47 of 70 19. and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contra ctor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part of his consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. It is mutually agreed between the parties hereto that time is the essence of this Contract, and in the event the construction of the Work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the second party may retain as liquidated damages, the amount specified in Section 108 of the State of Alabama Standard Specifications for Highway Construction, for each WORKING day beyond the required date of completion or $1,100.00 dollars. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) (b) (c) To any preference, priority or allocation order duly issued by the Government; To unforeseeable cause beyond the control and without the fault or negligence of theContractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires,floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and To any delays of Subcontractors or suppliers occasioned by any of the causes specified insubsections (a) and (b) of this article. Provided, further, that the Contractor shall, within five (5) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of fin_al settlement of the contract, notify the Owner, in writing, of the causes of the del�y, who_ shall ��ce�atn the facts and extent of the delayand notify the Contractor within a reasonable time of tis dec1s1on tn the mat ter. CORRECTION OF WORK: All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected materials shall immediately be removed fromthe site. If in the opinion of the Engineer, i� is undesirable_ to replace any defective or damaged materials or to reconstruct or correct any portion of the work tnJured or not performed in accordance with the Contract Documents, the compensation to be paid the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. Page 48 of 70 20.SUBSURFACE CONDITIONS FOUND DIFFERENT: Should the Contractor encounter sub-surface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions before they are distur?ed. '.he Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 15 of the General Conditions. 21.CLAIMS FOR EXTRA COST: No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 15(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto. 22.RIGHT OF THE OWNER TO TERMINATE CON TRACT: In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such notices to contain the reasons for such intention to terminate the contract, and unless within three (3) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall upon the expiration of said three (3) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Sur�ty and the Contractor and the Suretyshall have the right to take over and perform the contract; Provided, however, that if the Surety does not commence performance thereof within five (5) days from the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 23.CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES: Immediately after execution and delivery of the contract, and before the first partial payment is made the Contractor shall deliver to the Owner an estimated construction progress schedule in fo� satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will be come due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payment thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 24.PAYMENTS TO CONTRACTOR: (a)Not later than the 15th day of each calendar month the Owner shall make a progress paymentto the Contractor on the basis of a duly certified and approved estimate of the work performedduring the preceding calendar month under this contract, but to insure the proper performanceof this contract, the Owner shall retain five (5%) percent of the amount of each estimate untilfinal completion and acceptance of all work covered by this contract: Provided, that theContractor shall submit his estimate not later than the first day of the month: Provided furtherthat the Owner at any time after fifty (50%) percent of the work has been completed, if it find�that satisfactory progress is being made, may make any of the remaining progress paymentsin full; Provided, further, that on completion and acceptance of each separate building, public Page 49 of 70 (b) (c) (d) work, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails so to do, then the Owner may, after having se�ed wri�en n�tice on t�e said Contractor, either pay unpaid bills, of which the Owner has written notice, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the contractor shall be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor and any payment so made by the Owner shall be considered as a payment made unde'r the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 25.ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE: 26. 27. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arisin_g out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract or the Performance and Payment Bond. PAYMENTS BY CONTRACTOR: The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of ninety (90%) percent of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project and the balance of the cost t_hereof, not later_ than the 30th day following the completion of that party of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the C?n�ractor on account of the work performed by his subcontractors to the extent of each subcontractor s interest therein. INSURANCE: The Contractor shall not commence work under this contract until he ha s obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. Page 50 of 70 (b) (c) (d) (e) (a)Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Contract or's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Pub lic Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof. Scope of Insurance and Special Hazards: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontract ors, respectively, against damage claims which may arise from operations under this contract. whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. Builder's Risk Insurance (Fire and Extended Coverage): Until the project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated in the Supplemental General Conditions), is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor, subcontractors as their interest may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered except after fifteen (15) days written notice has been received by the Owner." 28.CONTRACT SECURITY: The Contractor shall furnish a performance bond in an amount at least equal to one hundred (100%)percent of the contract prices as security for the faithful performance of this contract and also apayment bond in an amount not less than one hundred (100%) percent of the contract price or in apenal sum not less than that prescribed by State, territorial or local law, as security for the payment ofall persons performing labor on the project under this contract and furnishing materials in connectionwith this contract. The performance bond and the payment bond may be in one or separ ate instrume ntsin accordance with local law. Page 51 of 70 29.ADDITIONAL OR SUBSTITUTE BOND: If at any time the Owner, for justifiable cause, shall be or become dissatisfied with any surety or sureties, and then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 30.ASSIGNMENTS: 31. The Contractor shall not assign the whole or any part of this contract or any moneys due or become due hereunder without written consent ?f the Owner. In case the Contr':1ctor assigns all or part of any moneys due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this contract. MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration if such other Contractor or subcontractors will so settle. If such other Contractor or subcontractor shall assert any claim_ against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 32.SEPARATE CONTRACT: The Contractor shall coordinate his operations with those of other Contractors. Coope ration will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep inf ormed of the progress and the detail work of other Contractors and shall notify the Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 33.SUBCONTRACTING: (a) (b) (c) (d) The Contractor may utilize the services of specialty subcontracto rs only on those parts of thework which, under normal contracting practices, are performed by specialty subcontractors .The amount of work performed by a subcontractor shall be limited to forty (40%) percent ofthe Contract price, unless authorized by the Owner and/or Engineer. The Contractor shall not award any work to any subcontractor witho ut prior written approvalof the Owner, which approval will not be given until the Contrac tor subm its to the Owner awritten statement concerning the proposed award to the subcontr actor, which state ment shallcontain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly emplo yed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and Page 52 of 70 other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contra ctor under any provision of the contract documents. (e)Nothing contained in this contract shall create any contractual relation between anysubcontractor and the Owner. 34.ENGINEER'S AUTHORITY: 35. 36. 37. The Engineer shall give all orders and directions contemplated under this contract and specifications relative to the execution of the work. The Engineer shall determine the amount, quality, acceptability: and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer's estimates and decisions shall be final and conclusiv�, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said contract or specifications, the determination or decision of the Engineer's shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question. The Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Engineer. STATED ALLOWANCES: The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the "allowed Materials" is more or less than the "Cash Allowance", the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. USE OF PREMISES AND REMOVAL OF DEBRIS: The Contractor expressly undertakes at his own expense: (a) (b} (c) (d) (e) to take every precaution against injuries to persons or damage to property; to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; materials, and debris caused by his ope rations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; before final payment to remove all surplu� r:iaterial, false:work, temporary structures, including foundations thereof, plant of any description and debris of eve ry nature resulting from his operations, and to put the site in a neat, orderly condition; to effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any other Contractor. LANDS AND RIGHTS-OF-WAY: Page 53 of 70 Prior to the start of construction, the Owner shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract. 38.GENERAL GUARANTY: 39. Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contrac�or of liability in respect to any express warranties or responsibility for faulty materials or workmanship. !he Contractor shall remedy any defects in the work and pay for any damage _to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. CONFLICTING CONDITIONS: Order of precedence of Sections of the Contract Documents shall be in descending order as follows: CONTRACT, GENERAL CONDITIONS, SPECIAL PROVISIONS, all other Sections. Any provision in any Section which may be in conflict or inconsist�nt w_ith an� provision in any Section of greater precedence shall be void to the extent of such conflict or inconsistency. 40.NOTICE AND SERVICE THEREOF: 41. 42. 43. 44. Any notice to any Contractor from the Owner relative to any part of �his contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail to the said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. PROTECTION OF LIVES AND HEALTH: "The Contractor shall exercise proper precaution at all times for the _protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of a_pplicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971. Title 29 -LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary." OTHER PROHIBITED INTERESTS: No official of the Owner who is authorized in s_uch cap�ci!Y and on_ behalf of the Owner to negotiate, make, accept or approve, or to_ take part I� negot1at1n �, making, accepting or approving any architectural, engineering, inspection, construction or material supply contracts or any subcontract in connection with the construction of the project, shall become dire�ly or indirectly interested persona lly in this contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in su�h-capacit� and on behal� of th_e Owner to exercise any legislative, executive, supervisory or other s1m1lar functions 1n connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract per taining to the project. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER: Page 54 of 70 The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) (b) (c) Secures written consent of the Contractor except in the event, in the opinion of the Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of punch list items or other contract requirements. Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit to complete construction. Consent of the surety must also be obtained. 45.PROJECT DOCUMENTATION: (a)General: Prior to start of construction, the Project right-of-way or easement shall be documented by the use of photographs or videotapes. Pictures (photo or video), in color, shall be taken at 100 feet on centers and shall be taken along the centerline of the Project looking up station. At least one station marker shall be visible for identification purposes and station markers shall be set by the Contractor. During the course of the documentation, any features or items of interest or importance which may be encountered shall be photographed or videotaped. Prints or tapes shall be delivered to the Engineer within one week after they are made. The Contractor will not be paid any portion of a partial payment request until prints or tapes are delivered to the Engineer's office. (b)Photographs: Clear, legible photographs shall be taken by a skilled technician using a wide angle lens. Each photograph shall be identified on the back with Project number, location, date and time of day that photograph was taken. One color print approximately 4" x 6" and the negative shall be delivered to the Engineer. (c)Videotapes: The purpose of the videotape recordings shall be a supply of continuous visual and audio record of problem areas, items, and features found within any particular area. This videotape record may be supplemented with photographs to exactly identify and locate specific bad features or items. The videotape recordings shall be capable of recording and reproducing a picture having not less than 500 lines of resolution. The videotape recorder shall be one on which both sound and video information can be recorded utilizing a VHS video cassette system. The videotape recording shall be made on magnetic tape which shall produce a visual image equal to or better than the quality of the picture on a television monitor. The replay of the recorder video information, when reviewed on a monitor/receiver, shall be free of electrical interference and shall produce clear, stable images. To ascertain that the equipment to be used in this Work meets the stated minimum requirements, a videotape of a suitable test pattern will be required prior to initiation of Work. The audio portion of the composite signal shall be sufficiently free of electrical interference and background noise to provide an oral report that is clear and completely and easily discernible. The audio portion of the tape report shall be recorded by the operating technician on the audio-video tapes as they are being produced and shall include the location or identification of the section being viewed, the station-to-station direction of travel, the distance traveled on the specific run, and any problems encountered. Videotape recordings shall be enclosed in a vinyl plastic container which shall clearly indicate the date the tape was taken and the designated section(s) of the Project contained on the tape. There shall be no separate payment for photographic and/or videotape work. 46.SUSPENSION OF WORK: Page 55 of 70 47. 48. 49. 50. 51. Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for dam �ge by reason of said delay; but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. UNDERGROUND UTILITIES AND SERVICES: The plans show certain features of the topogra�hy and certain _underground utilities, but they do not propose to show in complete detail all such lines or obstructi ons. Such topography and notes on the plans were inserted from records available and are for the contractor's convenience and shall not be used as a basis for claims or extra compensation. Minor obstructions are not shown on the plans. Their presence, and the required removal and the resetting thereof shall be considered incidental to the overall project and the cost for the work noted above shall be included in the overall bid price for the project (no separate payment). Mailboxes, signs and other minor obstructions are not shown on the plans. Their presence, and the required removal and the resetting thereof s_hall be c?nsidered incid �ntal to the overall project and the cost for the work noted above shall be included in the overall bid price for the project (no separate payment). EXISTING UTILITIES: The existing utilities as shown on the plans are for the Contractor's benefit. These utilities have been plotted from the best available records. However, failure to show any utility on the construction plans does not justify additional payment to the _Contractor if said utility is damaged. The Contractor must notify the utility companies involved prior to starting construction and shall make every effort not to damage any utilities. If utilities are damaged by the Contractor the Contractor must pay all expenses incurred in the repair at no cost to the Owner or Engineer. EROSION CONTROL: Immediately prior to any clearing and grubbing or any excavation which could disturb the soils the Contractor shall install the erosion control items in locations indicated on the construction pla�s. The Contractor will be responsible for identifying and installing erosion control in areas where erosion may be encountered during construction of the project. The Contractor shall take all necessary precautions to insure that the construction of the project and the erosion/sediment from the project are adequately controlled and do not damage streams or adjacent property. The erosion control items installed shall be maintained by the Contractor throughout the course of the project. PLANS AND SPECIFICATIONS FURNISHED: The Engineer shall provide the Contractor with three (3) sets of construction plans and specifications. Any additional plans and specifications required by the Contractor must be paid for by the Contractor. PUBLIC CONVENIENCE: No attempt is made to restrict work hours of the Contractor's operations, but he is rem inded that it will be necessary to arrange his work schedule to provide the least inconvenience to the public and individual residents. The Contractor shall take extra precaution to insure that traffic is prot ected by the use of, but not limited to, flashing signs and barrels. Page 56 of 70 52. 53. No direct payment will be made for any of the work described in this section. EQUIPMENT: Choice of equipment for excavation or other project work shall be the responsibility of the Contractor, however, any equipment that results in waste of material, inaccurate work, or otherwise proves objectionable shall be replaced as directed by the Engineer at no additional cost to the Owner. DETERMINATION OF LINES AND GRADES: The Engineer will set one set of construction stakes for the Contractor establishing all lines and grades ne cessary for the proper prosecution of the work. The location, alignment and elevation of all parts of the work will be established by the Engineer, but the Contractor shall assume full responsibility for construction to alignment, grade, and dimensions indicated in the plans. These stakes shall constitute the field control by which the Contractor shall govern and execute his work. 54.CONTRACT CLOSE-OUT: Subsequent to the final inspection of this project by the Engineer, the following requirements must be satisfied by the Contractor before final payment can be made. a.The Contractor must publicly advertise the NOTIC� OF COMPLETION furnished by the Engineer a minimum of once a week for four consecutive weeks. b.The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF CLAIMS AND DEBTS on the form furnished by the Engineer. c.The Contractor must have his surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT on the form furnished by the Engineer. d.The Contractor must furnish a letter on his letterhead acknowledging that acceptance of final payment by the Contractor constitutes a waiver of all claims, present or future, in connection with this project as per Item 25 of this section. e.If any purchase items have been incorporated in the work, the Contractor must furnish a letter on his letterhead assigning those warranties to the OWNER. Copies of said warranties shall be bound in one binder and submitted along with the letter assignment. f.The Contractor must provide one complete set of "as . builts" covering all utility routing, structural, mechanical, and electrical aspects of the work, including wiring schematics. Page 57 of 70 SECTION XII SPECIAL PROVISIONS OF CONSTRUCTION 1.Subletting or Assigning of Contract: (a)Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or otherwise dispose of any portion of the contract, his right, title or interest therein, or his power to execute such contract, to any person, firm or corporation without written consent of the City and such written consent shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in the proposal or special provisions, the Contractor shall perform with his own organization, and with the assistance of work men under his immediate supervision and reported on his payroll, all contract work of a value not less than 50 percent of the total contract amount, except that any items designated in the contract as "Specialty Items" may be performed by subcontract, and the cost of any such "Specialty Items" so performed by subcontract may be deduct ed from the total con�ract_amount before computing the amount of work required to be performed by the Contractor, with his own organization. (b)Subcontractor's Status: A subcontractor shall be recognized only in the capacity of an employee or agent of the Contractor and the Contractor will be responsible to the City for all subcontractors' work, including failures or omissions; and his removal may be required by the City Engineer, as in the case of an employee. 2.The contractor shall not sublet the contract on any portion thereof without written permission from the City Engineer. If consent is given, the contractor will be permitted to sublet a portion of the work, but shall perform with his own organization, work amounting to not less than fifty (50%) percent of the total contract price. The performance of the contract may not be assigned. 3.The City Engineering Department reserves the right to disqualify or refuse to award the contract to a prospective bidder for the following reasons: 4. 5. (a) (b) (c) (d) OMIT. Uncompleted work which, in the judgment of the City Engineering Department might hinder or prevent the prompt completion of additional work if awarded. Failure to pay or satisfactorily settle all bills due to labor and materi al on former contractsin force at the time of issuance of proposals. Default, as defined in Article 108.12 of the Alabama Department of Transpo rtationStandard Specifications for Highway Construction, 2018 Edition·, with all latest additionsand modifications of the Engineering Department for t�e City of Fairhope under a previous contract, or unsatisfactory work of any nature on prevI ?us yvork. In addition to the above,disqualification for unsatisfactory progress of an on-going contr act will be administered asoutlined in Sub article 108.04(c) Alabama Department of Transpo rtation StandardSpecifications for Highway Construction, 2018 Edition, with all latest additions andmodifications of the Engineering Department for the City of Fairho pe. Disqualificati onapplies to bidding as a prime contractor or doing any subc ontract work for a prime contractor. The Owner, reserves the right to reject any Bidder who has pr evi ously failed to performproperly or complete on time contracts of similar nature, or a bid of a bidder who is not, inthe judgment of the Owner, in a position to perform the Contra ct. It is the intent to construct the within described work as shown on the plans and specifications prepared by the Engineering Department of the City of Fairhope in accordance with the Alabama Department of Transportation Standard Specifications for Highway Construction, 2018 Edition, with all latest additions and modifications of the Engineering Department for the City of Fairhope. Page 58 of 70 6.In said specifications, where the words State of Alabama, Governor, State, State Highway Department, Director, etc. appear substitute City of Fairhope acting by and through its Mayor. 7.All insurance and bonds must be furnished by a Surety licensed to do business in the State of Alabama, signed or countersigned by a licensed Resident Agent of Alabama and have a minimum rating of A Class VI as reported in the latest issue of Best's Key Rating Guide Property and Casualty. 8.Payment for any work incidental to the completion of this contract, for which no item was set up, shall be absorbed in other bid items. 9.The City of Fairhope reserves the right to add to or reduce quantities or delete any item or items in this contract without any adjustment in unit price. Additional items of work necessary for the completion of this contract may be added by Change Order. 1 O. Failure to complete the work in this contract within the time stipulated will result in a deduction for money due the contractor. Such liquidated damages will be assessed as provided for in Item 108 of the Alabama Department of Transportation Standard Specifications for Highway Construction, 2018 Edition, with all latest additions and modifications of the Utility Department for the City of Fairhope. 11.The contractor shall provide maintenance for a period of one year from final acceptance of the work. This maintenance work shall include furnishing all materials, labor, and incidentals necessary to maintain the project in acceptable condition as determined by the City Engineering Department. This maintenance for a one-year period shall be provided with no additional compensation. 12.The City of Fairhope may retain a reputable laboratory to make all tests, inspections, etc. required by the Alabama Department of Transportation Standard Specifications for Highway Construction, 2018 Edition, with all latest additions and modifications of the Engineering Department for the City of Fairhope at no cost to the contractor. The laboratory shall furnish copies of all test results to the City Engineer. 12.OMIT 13.Any asphalt used on the project shall have an approved mix design and shall not contain shingles(RAS).14.The Contractor shall have on the job site at all times, as his agent, a competent superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the City Engineer or his authorized representatives. The Superintendent shall have full authority to execute orders or directions of the City Engineer without delay and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Joint venture Contractors shall have one such superintendent for all ventures. Such superintendents shall be furnished irrespective of the amount of work sublet and shall have full authority over all subcontract work. The superintendent shall be required to have direct communication with the supplier in case of mechanical failure at the site or the plant. 15.The contractor shall take all necessary precautions for the protection of the work and safety and comfort of the general work. Such work shall comply with applicable spec sections of Items 104 and 107. There will be no compensation for this work. Page 59 of 70 16.The quantities shown on the proposal and plans are approximate. The Contractor will be paid only for the amount of each item to complete the project. 17.It will be the Contractor's responsibility to determine the exact location of all existing utilities, whether public or private, and make the necessary adjustments as required to construct the project. Prior to construction, the Contractor shall notify all utility companies to obtain information on locations, depths, etc. of their utilities. The utility companies, directed by the City Engineer unless provided for in this contract, shall undertake any relocation and/or adjustments of utilities. The Contractor shall cooperate with the utility companies and provide assistance in excavation for such adjustments and relocation work, if requested. This work will be paid for under the appropriate items of work for excavation and borrow. If any private utility line, including but not limited to irrigation lines, ar� encountered within the right of-way, it is the Contractor's responsibility to make the necessary adjustments of said facilities and coordinate with the property owner or private company. Such adjustments are considered incidental to the project (no said pay item). 18.It shall be the Contractor's responsibility to determine if the required construction can be performed within the area provided and comply with requirements of the Occupational Safety and Health Regulations (OSHA) for construction projects of this type. Any safety measures or methods of construction that are necessary in the construction of this project to comply with these regulations are the Contractor's responsibility and shall be provided with all costs to be included in the various pay items of the contract (no direct payment). 19.The contractor shall submit a Traffic Control Scheme to the City Traffic Engineer for approval prior to commencement of any work on this project. The scheme shall be in full compliance with all the provisions and requirements as designated in Item 7 40 and Article 104.04 of the Standard Specifications, the Federal MUTCD Manual, Millennium Edition, and other requirements set forth by the Traffic Engineer. Payment for items in Section 740 shall be full compensation for all materials, signage, lights, hardware, drums, equipment, labor, handling and maintenance until project completion and any other incidentals necessary to complete the job. The Contractor shall restore existing traffic mechanisms to original condition. 20.All equipment shall be in good mechanical working order if not, the Project Inspector can require removal from the project. 21.The Contractor at no direct payment will support any utilities encountered during construction, requiring support. Contractor is responsible for securing and supporting all utilities located adjacent to or within the limits of excavation. The cost associated with this work will be a subsidiary obligation of clearing & grubbing (no direct payment). 22.Maintenance roads, haul roads, laydown yards, staging areas, and detours constructed for the Contractor's use and convenience, shall be constructed at the Contract's expense, and shall be absorbed in other bid items. All construction entrances to the site of work shall have aggregate surfacing placed over filter fabric for a minimum of fifty (50) linear feet from the adjacent connecting roadway, by an appropriate width, in an effort to minimize the transportation of sediment onto existing roadways. All areas shall be restored to their preconstruction condition after project completion. Any damage to the asphalt wearing surface beyond or within the limits Page 60 of 70 of construction, as determined by the Engineer or Owner, shall be repaired at no cost to the O�ner. Any traffic control required to complete such repairs shall be in accordance with Federal MUTCD manual, Millennium Edition and at no cost to the Owner. 23.Any damage caused by the Contractor or his subcontractors to the existing bituminous asphalt surface and/or base structure on local streets leading to or associated with this project shall be repaired by the Contractor at no cost to the owner. 24.It shall be the responsibility of the contractor to provide a substantial stand of grass at the time of the Final Inspection. Any sod that is not living and/or viable in the opinion of the Engineer shall be replaced at no additional cost to the project. 25.Contactor shall remove and dispose of all waste and unsuitable material, from the project site. The Contractor will be held responsible for disposal of debris and construction materials in an appropriate manner and at an approved, permitted location. The Contractor will be responsible for compliance with applicable laws or ordinances regarding material type and disposal site. Disposal of construction materials and debris is specified in Sub articles 206.4(c) and 201.03(d) of the Standard Specifications. The Contractor will submit a plan for the disposal of construction materials, indicating proposed disposal location, type of debris and quantity of material. City Engineering staff will monitor the disposal of construction materials for compliance with applicable laws and ordinances. There will be no additional compensation for disposing of such material off the project site. 26.All salvageable material from the project shall be stored on the project at locations designated by the City Engineer. Any material not wanted by the City of Fairhope shall be the property of the Contractor and removed from the project. There will be no direct payment for removing and storing the salvageable materials, nor removing unwanted materials from the project. 27.Existing excavated material suitable for use as backfill, embankments, etc. shall be used on the project at no direct payment. Additional material required and compaction of the additional fill material shall be paid for under Item 210-D and Section 306.03 of the Standard Specifications. 28.Existing topsoil material suitable for use on the project shall be stockpiled and utilized at no direct payment. Additional topsoil required shall be paid for under Item 650-A, as designated in the Standard Specifications and will be measured by Truck Bed Measurement. 29.All water and sanitary sewer work shall comply with the City of Fairhope Standard Specifications for Water and Sewer Construction, latest edition. 30.The project site shall be kept clean at all times. Loose dirt, materials, excavation, etc. shall be kept cleared from streets, walks, ditches, etc. The Owner reserves the right to demand that the Contractor's forces be diverted to clean up whenever conditions warrant such diversion. Diversion of Contractor's forces will not entitle the Contractor to any extension of time or additional compensation. 31.The contractor shall take whatever steps are necessary to insure that dust is controlled during operations. Page 61 of 70 32.If provided in the Bid Schedule, accepted Concrete Combination Curb and Gutter, as designated in the Standard Specifications, will be measured in linea r feet, complete, in place, along the base of the curb face. Measurement for payment will not extend across driveways or inlets. 33.If provided in the Bid Schedule, mix design for bituminous Concrete Wearing Surface, Item 429-A, shall be based on the Alabama Department of Transportation Standard Specifications for Highway Construc tion, 2012 edition. The successful bidder will be required to submit mix designs to comply with Item 429-A, based on the Alabama Department of Transportation Standard Specifications for Highway Construction, 2012 Edition, with all latest additions and modifications of the Engineering Department for the City of Fairhope, to the City's Testing Lab for approval. 34.The Contractor, at no cost to the Owner, shall replace any existing survey monument or propertycorner that is damaged during construction. 35.Project Documentation: Prior to the start of construction, the Contractor shall document any features or items of interest or importance by the use of photography and/or videotapes. At least two (2) copies of video and/or photos shall be made. City Engineer shall retain one set. Prints and/or tapes shall be delivered to the City Engineer within one week after they are made. 36.OMIT 37.It is the sole responsibility of the Contractor to protect his/her equip ment. The owner or the engineer shall not entertain any claims by the Contractor due to any damage to his or her equipment or materials. 38.The Contractor shall notify property owners prior to construction. The Contractor shall provide documentation to the Engineer that this has been accomplished. Notifying property owners isconsidered incidental to the project. 39.The relocation of signs and mailboxes shall be considered a subsidiary obligation of the project. 40.Any damage to private property beyond the limits required to install the storm drain system,sidewalk, curbing, etc., as determined by the Engineer, shall be repair ed at the Contractor'sexpense. 41.The Contractor shall use extreme caution when working in close proximity to existi ng houses or other structures. Any damage to the existing structures from the Cont ractor's neglig ence shall be repaired at the Contractor's expense. The Contractor shall be very cautious of existing landscap ing items located within the project area and shall coordinate with property owners rega rd landscape items to be removed. Any damage to existing items not scheduled to be removed shall be replaced at the Contractor's expense. 42.All pipe joints shall be wrapped. Pipes shall not have lifting holes. 43.OMIT Page 62. of 70 44.OMIT 45.The Contractor shall provide, install and maintain all temporary erosion control measures shown on the drawings. Wattles, silt fences and other approved erosion control devices shall be installed by the Contractor and shall be maintained throughout the course of this project. Adjustments to the methods and types of erosion control will be necessary during the course of the construction, and it will be the responsibility of the Contractor to provide, install and maintain these as well. The Engineer shall approve methods of erosion control. It will be the responsibility of the Contractor to satisfy himself that all Federal, State and Local Codes and Ordinances are abided by at all times during construction. Additionally, the Contractor shall implement any and all other Best Management Practices applicable per Federal, State, County and Municipal laws concerning water pollution. 46.The Contractor shall be responsible for implementing all erosion control BMPs on City construction projects and for all sediment within and leaving the construction site until the project is accepted by the City. Severe penalties will be imposed to ensure compliance. 47.All projects and construction sites shall be in accordance with the Clean Water Act; the Alabama Water Pollution Control Act; the current version of the Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas. 48.OMIT 49.OMIT 50.OMIT 51.Workmen shall wear reflectorized jackets. 52.The Contractor shall not commence with milling, tacking, resurfacing, or striping until all vehicles are removed from the street. 53.At intersections, driveways, and all turnouts, the City Project Inspectors and/or its Engineer shall determine the limits to mill and resurface. The Contractor shall ensure that the asphalt surface meets the elevation at the gutter so as to facilitate drainage, sidewalk ramp construction, and ADA compliance. 54.Tack coat shall be emulsified asphalt grade CRS-2, CRS-2h, CSS-1, CSS-1h, CQS-1h, or CQS-1hp, or one of the Performance Graded Asphalt Binders shown in Article 804.07 in accordance with requirements of Section 405 of the State of Alabama Highway Department Standard Specifications for Highway Construction, 2012 Edition, with all latest additions and modifications of the Engineering Department for the City of Fairhope. 55.Contractor shall use a mechanical broom with blower in operating condition for cleaning streets prior to tacking and resurfacing operations. 56.OMIT Page 63 of 70 57.All temporary stop work joints shall be made using paper. At the beginning of the next work day the contractor shall make every effort to make a joint that will conform to the existing road surface. 58.Prior to resurfacing, the water and sewer manholes and valve covers will be raised as necessary. The contractor will make every reasonable effort to make sure the manholes and water valves are exposed after resurfacing is completed. 59.All traffic control configurations shall be restored to their original patterns, u nless otherwise directed by the Public Works Director. 60.All resurfaced streets shall require blue fire hydrant raised markers to be installed to help identify fire hydrant locations. Blue pavement markers are installed in the middle of the travel lane adjacent to a fire hydrant location. In cases where the fire hydrant is located at the corner of an intersecting street, a blue pavement marker is installed on both streets. 61.Reflective Hot tape or 3M-brand reflective roll tape may be allowed to be substituted for thermoplasticpaint on Item 703-A. Traffic Engineering must approve any substitutions before use. 62.The Engineer will prepare an estimate once each month for work completed. The contractor will send the Engineer a copy of his estimate figures for the month. 63.Tack coat shall be applied prior to placement of asphalt per ALDOT Section 405. There will be no direct payment for this work. It shall be absorbed in other items of work. Only trackless tack shall be allowed on this project. 64.All point repairs shall be paid as items utilized in the repair. If new pipe is required, a price will be negotiated. 65.Gutter cleaning will be a subsidiary obligation of 429-A 1 improved bituminous concrete wearing surface. 66.All permanent striping on the final surface that is required to be removed shall be removed byhydraulic means only or as directed by the Engineer. 67.OMIT 68.OMIT 69.OMIT Page 64-of 70 SECTION XIII VENDOR INFORMATION If Individual (Name of Individual or Partnership) (Print Name of Representative Authorized to sign Bids and Co ntracts for the firm) (Signature of Representative Authorized.to sign Bids and Contracts for the firm) (Address) (Address) (Name of Partner Print) (Name of Partner Print) Fax Number Phone Number ____________ _ ----------- Primary e-mail address ___________________________ _ Alabama Contractor's License No. _________ Foreign Corporation Entity ID ------- If Corporation or LLC Company _________________________________ _ State of Incorporation ______________________________ _Company Represe ntative ____ �:;-::;'7.':=--::;"n::==;:;;:-::-:;:-:-:;i::::;=.;:--:::::--;:;::;:--:::;-;:;-�=--::-:---:-:--:::--,------(Print Name of Representative Authorized to sign Bids and Contracts for the firm) Company Representative ____ --:-:'.-:----:-::------:--:------:---:---:-----:-----:--:---::-:--:-----:--:-----------(signature of Representative Authorized to sign Bids and Contracts for the firm) Address ------------------------------- Phone Number ______________ Fax number _____________ _ Primary e-mail address ____________________________ _ Alabama Contractor's License No. ________ Foreign Corporation Entity ID ------- Page 65 of 70 STATE OF COUNTY OF _______ __, I, the undersigned authority in and for said State and County, hereby certify that -------- (Type name of bid signer here) (Type bid signer's Title here) of __________ --::::--------:--:-----------------(Type company name here) whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, being informed of the contents of the document they executed the same voluntarily on the day the same bears date. Given under my hand and Notary Seal on this __ day of ________________ _, 2022. NOTARY PUBLIC MY COMMISSION EXPIRES Page 66 of 70 6.0 Background SECTION XIV ALABAMA IMMIGRATION ACT CONTRACT REQUIREMENTS The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No 2011-535, as amended by Act No 2012-491, Code of Alabama (1975) Section 31-1 3-1 through Section 31- 13-30 (also known as and hereinafter referred to as "the Alabama Immigration Act") is applicable to contracts with the City of Fairhope, Alabama. All business entities entering into contracts with the City of Fairhope, Alabama will comply with the Alabama Immigr ation Act. 6.1 Definitions ALIEN. Any person who is not a citizen or national of the United States, as described in 8 U.S.C. §1101, et seq., and any amendments thereto. BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit. Business entity shall include but not be limited to the following: a.Self-employed individuals, business entities filling articles of incorporation, partnerships,limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State. b.Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state, any business entity that is exempt by law from obtaining such a business license, an any business entity that is operating unlawfully without a business license. CONTRACTOR. A person, employer, or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration. This definition shall include, but not be limited to, a general contractor, subcontractor, independent contractor, contract employee, project manager, or a recruiting or staffing entity. EMPLOYEE. Any person directed, allowed, or permitted to perform labor or service of any kind by an employer. The employees of an independent contractor working for a business entity shall not be regarded as the employees of the business entity, for the purposes of this chapter. This term does not include any inmate in the legal custody of the state, a county, or a municipality. EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of emp loyment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. This term shall not include the occupant of a household contracting with another person to perform casual domestic labor within the household. E-VERIFY. The electronic verification of federal employment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division c, Section 403 (a); 8 U.S.C. §1324(a),and operated by the United States Department of Homeland Security, or its successor program. STATE-FUNDED ENTITY. Any governmental entity of the state or a political subdivision thereof or any other entity that receives any monies from the state or a political subdivision thereof; provided, however, an entity that merely provides a service or a product to any governmental entity of the state or a political subdivision thereof, and receives compensation for the same, shall not be considered a state-funded entity. Page 67 of 70 SUBCONTRAC TOR. A person, business entity, or employer who is awarded a portion of an existing contract by a contractor, regardless of its tier. UNAUTHORIZED ALIEN. An alien who is not authorized to work in the United States as defined in 8 U.S.C. § 1324a (h) (3). 6.3 Mandatory Clause All con tracts or agreements to which the state, a political subdivision, or state-fu nded entity are aparty shall include the following clause: "By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, . hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom." For purposes of this section, "contract" shall mean a contract a"':'�rded by the state, any political sub-division thereof, or any state-funded entity that was competItIvely bid or would, it entered into by the state or an agency thereof, be required to be submitted to the Contract Review Permanent Legislative Oversight Committee. 6.4 Contracts Involving Business Entity, or Employer As a condition tor the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any s�ate-fund�d entity to a business entity �r employer that employs one or more employees, the business entity or employer shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. As a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees within the state of Alabama, the business entity or employer shall provide documentation establishing that the business entity o� emploxer is enrolled in the E-Verify program. During the performance of the contract, the business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. 6.5 Contracts Involving Subcontracting Any subcontractor on a project paid for by contract, grant, or _incentive by the state, any politicalsubdivision thereof, or any state-funded entity shall not knowingly employ, hire for employment, orcontinue to employ an unauthorized alien within the State of Alabama and shall also enroll in theE-Verify program prior to performing any work on the project. Furthermore, during the performance of the contract, the subcontractor shall participate in the E-Verify program and shallverify every employee that is required to be verified according to the app licable federal rules andregulations. This subsection shall only apply to subcontractors performing work on a projectsubject to the provisions of this section and not to collateral persons or business entities hired bythe subcontractor. 6.6 Proof of E-Verify documentation will be in the form of a copy of the signed Memorandum of Understanding (MOU) generated upon completion of the E-Verify program. Page 68 of 70 SECTION XIV CONSTRUCTION SPECIFICATIONS Page 69 of 70 ALL WORK SHALL BE IN ACCORDANCE WITH CURRENT EDITION OF THE ALABAMA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS Page 70 of 70 City of F alrhope Project Funding Request C0FPro,-C:t No. 2280 Issuing Date : ___ VIJ __ 20_2_3 __ Please return this Routing Sheet to Treaslnlr by: __ .:..AS=AP"---- Projec:t Name : Proc u,. Eaul ament for Planters Po int Publix Lift Station Project Location : Pub lix Lin SI.Ilion Presented to City Council: _ __:'ll::...:.;1312=0;.;:2:::c3 __ Funding Requell Sponaor: Juon Langley, Water & Sewer Superintendent Project Cash Req uire ment Requelled: Coat: ~$_...;1:.::6.::,3,o.:..78;:.;6:..:.0:.:0:.... Ve ndor: J.H. Wrtallt & AHoc:latH Resol ut ion # Approved ____ _ Changed ____ _ Rejected ____ _ J Project Eng ineer:.:.nl::•~----------------------------------- Ord er Date: ___ ..;.nl=.c•~--Lead Time : __ ..,ol=•-------- Department Funding Th ia Project General 0 Gas D Electric 0 Water □ Santt atlon O Cap Projec:t 0 Impact O Gas Tax 0 Fed Grant 0 Department of General Fund Providing th• Funding Admon-10 D Bldg-13 0 Fleet-46 0 Golt-SO Polic:9-15 0 Fir•20 0 Goff Grouods-55 0 -27 0 Proiect will be: Expensed Capitalized Inventor ied ------□ ----=xx=x.,__ __ ~ ------□ Expense Code· 004020-11501 GIL Acct Name : System lmpr-Llft Sl.lllolll Project Budgeted: --''"-----'1'-"63.::.,o.:..7.::;86:..:.0;:.;0c_ Balance Sheet Item- Included In projectec D ca sh flow ______ _ Over (Under) budget amount :_..._ ____ _ City Cou ncil Prior Ap:,rov al/Date? ______ _ EC0-24 0 Rec-25 0 Civic-26 0 Marin•~ D Street-35 0 Meter-19 □ Non OeptFac-75 0 Debt ~5 0 Plan/Zone-12 0 Adutt Rec-30 0 Fund ing source : C Treaa u,., 0 pemlng Expenses _____ □ Budgeted Capital XXX [!i Unfunded 0 Grant : ______ Federal -not to exceed amount ______ State _____ City ______ Local Bond : _____ _ Loan : _____ _ Capital Le!lse: -----'-- Title Tttle Payment ______ Year ______ Year ______ Term Ma r Purcllaalng Memo Date : __ ...,21812=,.,o,..2 ... l __ tT-16O RESOLUTION NO. _______ WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: • Lenovo ThinkPad T470, Serial PF-11M5T6, City Asset Number T0139 SECTION 2. That the Governing body of the City of Fairhope hereby amends the 2023 annual appropriation to the Fairhope Airport Authority to include a transfer of said personal property at fair market value to the Airport Authority. SECTION 3. That Mayor Sherry Sullivan and City Treasurer Kim Creech are hereby authorized and directed to transfer said personal property for fair market value to the Airport Authority and show that the annual appropriation has been increased by the same amount. ADOPTED AND APPROVED THIS 13TH DAY OF FEBRUARY, 2023 _______________________________ Jay Robinson, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk