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11-27-2023 City Council Agenda Packet
CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, November 27, 2023 - 6:00 PM City Council Chamber Council Members Jack Burrell Corey Martin Jimmy Conyers Jay Robinson Kevin G. Boone Invocation and Pledge of Allegiance 1. Approve minutes of 13 November 2023 Regular City Council Meeting and minutes of 13 November 2023 Work Session 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Public Hearing - Ordinance - Amend Zoning Ordinance No. 1253 - Request of the Owner, 404 Oak LLC, to rezone property from B-4, Business and Professional District to B-2, General Business District. The property is approximately 0.18 acres and is located at 404 Oak Avenue. PPIN #14546. 6. Resolution - That the Public Improvements indicated herein for Longbranch are hereby accepted for Public Maintenance subject to the Bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Dilworth Development. 7. Resolution - That the Governing Body of the City of Fairhope, Alabama, hereby Rescinds Bid No. 24-003 for Four (4) New 2023 Chevrolet Tahoes 2WD for the Police Department due to no bids received; and authorizes the City to Solicit for informal bids in accordance with the Attorney General Opinion from 1969. 8. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract for Extension No. 1 for (RFQ PS23-006) Professional Healthcare Services for the Fairhope City Jail with Bay Nursing, Inc. per the Terms and Conditions of the Original Contract with a not-to-exceed budgeted amount of $13,000.00. This is the first option to renew of the two additional one-year terms. 9. Resolution – That Engine 911 is hereby declared surplus; and the Fairhope Volunteer Fire Department (“FVFD”) is authorized and directed to dispose of the personal property purchased by the City of Fairhope, Alabama for the “FVFD”, described in Section 1, above, by selling such property to Sandcut Volunteer Fire Department in Conecuh County, Alabama for $1.00. Page 1 of 271 City Council Regular Meeting November 27, 2023 Page - 2 - 10. Resolution - That the City of Fairhope approves the Procurement of one (1) Lucas 3 v3.1 Chest Compression System from Stryker Sales Corporation as Sole Source Provider for a not-to-exceed amount of $19,151.97; and authorizes Procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). 11. Resolution - To Award (Bid No. 24-006) for Development of Well No. 8B and No. 13 to Morrow Water Technologies, Inc. with a total bid proposal not-to-exceed $2,292,873.00. 12. Resolution - That the City Council authorizes Mayor Sherry Sullivan to execute an Interconnection and Water Purchase/Sale Agreement between the City of Fairhope and the Utilities Board of the City of Daphne d/b/a Daphne Utilities. 13. Resolution - That the City of Fairhope approves the Procurement of a CARUS 8700 Corrosion Inhibitor Water Treatment Chemical as the Sole Source Procurement from distributor Alberty & Blakeney LLC for the not-to-exceed amount of $175,000.00; and authorizes procurement based on the option by the Code of Alabama 1975, Section 41-16-51(13). 14. Resolution - That City Council approves the Contract Amendment for (RFQ PS24- 001) to Jackson Thornton Certified Public Accountants & Consultants for Professional Services to Evaluate Water & Sewer System Development Charges for a not-to-exceed amount of $15,000.00; and authorizes Mayor Sherry Sullivan to execute the contract documents. 15. Resolution - That the City Council approves and adopts the recommendations for the Water and Wastewater Department Restructuring and Reclassification as follows: Reclassify one (1) Wastewater Plant Operator II (Grade 7) to Wastewater Operator Trainee (Grade 4). 16. Resolution - To award (Bid No. 24-004-2024-PWI-005) Construction of ADA Compliant Sidewalks in Southland Place Subdivision to Asphalt Services, Inc. with a total bid proposal not-to-exceed $1,032,297.75. 17. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute an Intergovernmental Service Agreement between Baldwin County Commission and the City of Fairhope, Alabama regarding Restriping of Roads within the City Limits with a cost estimate of $26,114.58. 18. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Overstreet & Associates Consulting Engineers for Professional Engineering Services for (RFQ PS24-006) for New Sidewalks on Parker Road with a not-to- exceed amount of $41,100.00. Page 2 of 271 City Council Regular Meeting November 27, 2023 Page - 3 - 19. Resolution - That the City of Fairhope approves the procurement of Inventory Electric Transformers from Gresco for a not-to-exceed cost of $250,000.00; and authorizes procurement without formal bid based on the option allowed by the Code of Alabama 1975, Section 41-16-51(b)(7). 20. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Clearwinds Technologies, Inc. for Firewall Audit and Upgrade for Information Technology with a not-to-exceed amount of $7,875.00; and the audit of the City of Fairhope Firewall is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(15). 21. Resolution - That the City of Fairhope approves the procurement of materials for the Cast Iron Pipe Replacement Project for the Gas Department for a not-to- exceed cost of $142,093.51; and is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). 22. Resolution - That the City Council hereby authorizes Mayor Sherry Sullivan, on behalf of the City of Fairhope, to execute a purchase agreement and all closing documents related to the sale of the Property at the base of the Fairhope Municipal Pier (PPIN 15111) from the Fairhope Single Tax Corporation for a purchase price of $237,500.00; and allocates funding out of the Municipal Capital Improvement Fund. 23. Resolution – That Mayor Sherry Sullivan is hereby authorized to execute a Utility Connection Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC (Planters Pointe Publix Retail Center). 24. Request - Erin Langley, Eastern Shore Repertory Theatre Inc. requests approval to use Henry George Park from April 24, 2024 - May 6, 2024 for the "11th Annual Theater on the Bluff" to present the Andrew Lloyd Webber classic, "Cats" for three public performances. In addition, they request usage of the City's barricades and to have City employees assist in the setup and removal of the barricades. 25. Appointment - Pedestrian and Bicycle Committee (Beginning, January 2024) 26. Public Participation – (3 minutes maximum) 27. Adjourn Next Regular Meeting – Monday, December 11, 2023 – Same Time Same Place Page 3 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Lisa Hanks, City Clerk SUBJECT: Approve minutes of 13 November 2023 Regular City Council Meeting and minutes of 13 November 2023 Work Session AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: Approve minutes of 13 November 2023 Regular City Council Meeting and minutes of 13 November 2023 Work Session BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 4 of 271 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, 13 November 2023. Present were Council President Jay Robinson, Councilmembers: Jack Burrell, Corey Martin, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Robinson called the meeting to order. The invocation was given by Reverend Forbes Sirmon of St. James Episcopal Church and the Pledge of Allegiance was recited. Council President Robinson stated the next item on the agenda is the election for a Council President and Council President Pro Tempore. Council President Robinson opened the floor for Council President nominations. Councilmember Conyers nominated Councilmember Martin for Council President and Councilmember Burrell for Council President Pro Tempore. Seconded by Councilmember Boone and no other nominations were made. Councilmember Martin was elected Council President and Councilmember Burrell was elected Council President Pro Tempore unanimously by voice vote. Councilmember Robinson passed the gavel to Council President Martin and he took the presider’s seat. Council President Martin thanked Councilmember Robinson for doing an excellent job as Council President; and asked everyone to give him a round of applause. Councilmember Conyers moved to approve minutes of the 23 October 2023, regular meeting; and minutes of the 23 October 2023, work session. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council and gave brief comments regarding Lori Lein. She said Ms. Lein joined the League’s legal department in 2001, bringing with her a solid background in local government issues. Mayor Sullivan presented Lori Lein, General Counsel of the Alabama League of Municipalities, a Certificate of Appreciation that states: “In recognition of the many years of service to the Alabama League of Municipalities and service to the municipalities throughout the State of Alabama. The knowledge, expertise, and guidance provided to the City of Fairhope through the years and all other municipalities. As well as your service as the League’s General Counsel and responsibilities in advising municipal officials and employees from over 400 member cities and towns. Page 5 of 271 13 November 2023 Your commitment to serving as a member of the Alabama Association of Municipal Attorneys (AAMA). The City of Fairhope recognizes your dedication, and endless efforts to assist our City over the years and for this you are to be honored and commended.” Mayor Sullivan also gave Ms. Lein a gift from the Baldwin County Mayor’s Association. Councilmember Burrell thanked Lori Lein for all the work she has done for municipalities and for Fairhope. Mayor Richard Teal from the City of Loxley also thanked Ms. Lein for all of the work she has done helping our municipalities. Mayor Sullivan announced the 2023 Veteran of the Year: Edwin (Juju) Lessard, Jr.; and mentioned some of the following: Juju Lessard served his country as an Air Traffic Controller in the U.S. Air Force from 1978- 1989, and then worked for the U.S. Federal Aviation Agency from 1999 to 2011. Lessard is an active member of the American Legion, Eastern Shore Post 199, Member of the American Legion Riders, Eastern Shore Post 199, serving multiple times as an elected officer, Member of the Patriot Guarded Riders, 2012 to present, and support member of the Combat Veterans Motorcycle Association, 2018 to present, Volunteer Veteran for Covenant Care Hospice, and in 2019 was honored by the William F. Green Veteran’s Home for his dedication to serving their residents, and organized and participated in the adoption of approximately 50 forgotten veterans in Fairhope and area nursing homes. Mayor Sullivan mentioned he is a Patriot Ride Captain. Mr. Lessard was awarded Air Force Good Conduct Medal with 2 Oak Leaf Clusters, Air Force Outstanding Unit Award, Air Force Commendation Medal, Humanitarian Service Medal, Air Force Overseas Short Tour Ribbon, Non-Commissioned Officer Professional Military Education Graduate Ribbon, Small Arms Expert Marksmanship Ribbon, and Air Force Training Ribbon. Mr. Lessard addressed the City Council said he attends High School and City events on behalf of the veterans; and it too is a full-time job. He thanked the City Council and the Veteran of the Year Committee for honoring him with this award. Mayor Sullivan recognized Jackson Adams, Junior City Councilmember, who was in the audience. She commented that the Junior City Councilmembers will be alternating to attend City Council meetings. Council President Martin recognized his wife and three kids in the audience and thanked them for being here tonight. Councilmember Burrell moved to amend the agenda by addressing Agenda Item No. 27 before Agenda Item No. 5. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Girl Scout Troop 8017 walked up to the front and gave Girl Scout cookies to the Councilmembers, Mayor, City Clerk, and City Attorneys. Troop 8017 addressed the City Council and all gave a statement of what they are and do. Page 6 of 271 13 November 2023 For example, all are working on either Bronze, Silver or Gold Awards, provide Community services, and selling cookies is their only fundraiser. Councilmember Robinson moved to grant the request of Allison Marlow, Girl Scout Troop 8017, requests permission to sell cookies downtown across from the Fairhope Public Library beginning January 10, 2024 through March 25, 2024. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Burrell thanked Councilmember Robinson for his year of service and for doing a great job. He congratulated Council President Martin. Councilmember Conyers echoed what Councilmember Burrell said regarding Councilmember Robinson. Councilmember Robinson said he was excited and looking forward to this year. Councilmember Boone thanked Council President Martin for accepting this position. Council President Martin thanked the City Council for allowing him to serve; and said he was looking forward to this year. Councilmember Burrell moved for final adoption of Ordinance No. 1785, an ordinance to amend Zoning Ordinance No. 1253 and Ordinance No. 1736 Hill Top PUD. Request of Jade Consulting, LLC, acting on behalf of the owner, Two Hands Design and Development LLC, amend Lot 29 front setback from 100’ to 30’. The property is approximately 1.14 acres and is located on the west side of Section Street and south of Petiole Dr. PPIN #389630. (Introduced at the City Council Meeting on October 23, 2023.) Seconded by Councilmember Boone, motion for final adoption passed by the following voice votes: AYE -Burrell, Martin, Conyers, Robinson, and Boone. NAY - None. Councilmember Robinson moved for final adoption of Ordinance No. 1786, an ordinance to amend Zoning Ordinance No. 1253. Request of Ryan Baker, Walcott Adams Verneuille Architects, acting on behalf of the owner, Phillip Goodwyn, to rezone property from B-4, Business and Professional District to B3a, Tourist Resort Lodging District. The property is approximately 0.15 acres and is located at 491/493 Pine Avenue. PPIN #14838. (Introduced at the City Council Meeting on October 23, 2023.) Seconded by Councilmember Boone, motion for final adoption passed by the following voice votes: AYE -Burrell, Martin, Conyers, Robinson, and Boone. NAY – None. Page 7 of 271 13 November 2023 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the procurement of the NEOGOV Human Resources Management Suite for a cost of $13,668.50; and request to transfer budget from 001100-50300 to 001170-50300 to fund most of this procurement. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4904-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope has voted to purchase NEOGOV Online Application Tracking System from Governmentjobs.com d/b/a NEOGOV with a cost of $13,668.50; and authorizes the transfer budget 001100- 50300 to 001170-50300 to fund most of this procurement for the first year. Adopted on this 13th day of November, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes and approves the hiring of the new Purchasing Agent to allow the current Purchasing Agent (Pay Grade 8), who is retiring at the end of December 2023, to work with and train the new employee prior to his leaving. This will be beneficial to the City as well as the new hire. The temporary position will expire upon retirement of the current Purchasing Agent. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. * * Page 8 of 271 13 November 2023 RESOLUTION NO. 4905-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes and approves the hiring of the new Purchasing Agent to allow the current Purchasing Agent (Pay Grade 8), who is retiring at the end of December 2023, to work with and train the new employee prior to his leaving. This will be beneficial to the City as well as the new hire. The temporary position will expire upon retirement of the current Purchasing Agent. ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 ______________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection of Gresham Smith for Professional Engineering Services for (RFQ PS24-009) Section Street Resurfacing in the Central Business District (CBD); and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 4906-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection of Gresham Smith to perform Professional Engineering Services for (RFQ PS24-009) the Section Street Resurfacing in the Central Business District (CBD); and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 _____________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 9 of 271 13 November 2023 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection of Watershed for Professional Architecture and Engineering Services for (RFQ PS24- 008) Professional Architecture and Engineering Services for the Nature Center Building Rehabilitation; and authorizes Mayor Sherry Sullivan to negotiate the not- to-exceed fee to be approved by Council. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4907-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope awards RFQ No. (PS24-008) Professional Architecture and Engineering Services for the Nature Center Building Rehabilitation to Watershed; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council rejects all bids for (Bid No. 2023WWF-038) City of Fairhope Working Waterfront and Greenspace Project; and authorizes Mayor Sherry Sullivan to negotiate a contract with Rolin Construction, Inc. pursuant to the Code of Alabama 1975, Section 39-2-6(b). Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 10 of 271 13 November 2023 RESOLUTION NO. 4908-23 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 for City of Fairhope Working Waterfront and Greenspace Project (Bid Number 2023WWF-038) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, the bids were opened and tabulated. [3] After evaluating the bid proposals with the required bid specifications, only one valid bid was received and we request that all bids be rejected for Bid No. 2023WWF-038 City of Fairhope Working Waterfront and Greenspace Project; and authorize Mayor Sherry Sullivan to negotiate a contract with Rolin Construction, Inc. pursuant to the Code of Alabama 1975, Section 39-2-6(b). Adopted on this 13th day of November, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by the Evaluation Team and Daryl Morefield for Professional Engineering Services for (RFQ PS23-027) Force Sewer Main Upgrades to Kimley-Horn and Associates; and authorizes Mayor Sherry Sullivan to negotiate the fee schedule for the contract. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * * Page 11 of 271 13 November 2023 RESOLUTION NO. 4909-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope awards (RFQ No. PS23-027) Professional Engineering Services for Force Sewer Main Upgrades to Kimley-Horn and Associates, Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope awards (RFQ No. PS23-025) Professional Engineering Services for Wastewater Treatment Plant Headworks Improvements to Krebs Engineering and Associates; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4910-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope awards RFQ No. PS23-025 Engineering Professional Engineering Services for Wastewater Treatment Plant Headworks Improvements to Krebs Engineering and Associates; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 271 13 November 2023 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of inventory water meters for the Water Department and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41- 16-51(b)(7). This cost will not-to-exceed $500,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4911-23 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 Neptune Water Meters to replenish inventory for the Water Department to be purchased from Consolidated Pipe and Supply Company, Inc. as Sole Source Provider in the State of Alabama for Neptune Technology Group, Inc; and are exempt from formal bid pursuant to Code of Alabama 1975, Section 41-16-51(b)(7). The total cost not-to-exceed $500,000.00. Adopted on this 13th day of November, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of materials for County Road 33 Water Main Upgrade for the Water Department to be purchased from Consolidated Pipe and Supply Company, Inc. as Sole Source Provider in the State of Alabama for Neptune Technology Group, Inc.; and are exempt from formal bid pursuant to Code of Alabama 1975, Section 41-16- 51(b)(7). The total cost not-to-exceed $63,704.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 13 of 271 13 November 2023 RESOLUTION NO. 4912-23 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 Materials for County Road 33 Water Main Upgrade for the Water Department to be purchased from Consolidated Pipe and Supply Company, Inc. as Sole Source Provider in the State of Alabama for Neptune Technology Group, Inc; and are exempt from formal bid pursuant to Code of Alabama 1975, Section 41-16-51(b)(7). The total cost not-to- exceed $63,704.00. Adopted on this 13th day of November, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1 by the following method: Sold for scrap or recycle at the highest offered value. Seconded by Councilmember Boone, motion passed unanimously by voice vote. * * * Page 14 of 271 13 November 2023 RESOLUTION NO. 4913-23 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: 200+ Non-Serviceable Water Meters SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1, above, by the following method: a. Sold for scrap or recycle at the highest offered value. ADOPTED AND APPROVED THIS 13TH DAY OF NOVEMBER, 2023 _______________________________ Corey Martin, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the That the City of Fairhope awards (RFQ No. PS24-010) Professional Engineering Services for Lead Service Line Inventory and Compliance to Kimley-Horn and Associates, Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Page 15 of 271 13 November 2023 RESOLUTION NO. 4914-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope awards (RFQ No. PS24-010) Professional Engineering Services for Lead Service Line Inventory and Compliance to Kimley-Horn and Associates, Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to- exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-005) US 31 Widening Gas Main Relocation to Equix Energy Services, LLC with a bid proposal not-to-exceed $588,947.75. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4915-23 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. 24-005) US 31 Widening Gas Main Relocation 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: Equix Energy Services, LLC $ 588,947.75 General Maintenance Contractors of East Alabama, Inc. $1,639,695.91 Page 16 of 271 13 November 2023 [3] After evaluating the bids with the required specifications, Equix Energy Services, LLC is now awarded (Bid No. 24-005) US 31 Widening Gas Main Relocation with a bid proposal not-to-exceed $588,947.75. DULY ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope has voted to purchase Insightsoftware Spreadsheet Server (Report Writer Software) 3-year Maintenance Contract from Global Software, LLC d/b/a Insight Software for the Treasury for a total amount of $21,075.35 ($6,367.18 Year 1) pursuant to Code of Alabama 1975, Section 41-16-51(a)(11); and authorizes Mayor Sherry Sullivan to execute the contract. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4916-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope has voted to purchase Insightsoftware Spreadsheet Server (Report Writer Software) 3-year Maintenance Contract from Global Software, LLC d/b/a Insight Software for the Treasury for a total amount of $21,075.35 ($6,367.18 Year 1) pursuant to Code of Alabama 1975, Section 41-16-51(a)(11); and authorizes the Mayor to execute the contract. Adopted on this 13th day of November, 2023 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 17 of 271 13 November 2023 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes Mayor Sherry Sullivan to execute the Intergovernmental Agreement establishing the South Alabama Purchasing Association and to participate in its membership. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 4917-23 INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE SOUTH ALABAMA PURCHASING ASSOCIATION This Intergovernmental Agreement (“Agreement”) is entered into by and between the public bodies governed by the General Provisions of the public contract law of the State of Alabama (Code of Alabama §41-16-50) located within the southern region of Alabama, and educational facilities under (Code of Alabama §16-13B-1) southern region being defined as the counties of Escambia, Baldwin, and Mobile, within each of these counties, or adjoining counties, of Alabama, or other entities that choose to be governed by the provisions of the South Alabama Purchasing Associ ation intergovernmental agreement and by-laws as hereinafter set forth. WHEREAS, the parties hereto do hereby create, as a voluntary association, the South Alabama Purchasing Association, hereinafter referred to as “the Association”, for the purpose of coordinating Association joint purchases for the mutual economic advantage of its members. The Association shall consist of each entity participating in this Agreement. Said Association shall be free to adopt such rules for organization as it may deem suitable for the conduct of its business; and WHEREAS, the parties to this agreement will identify by way of their membership on the Advisory Board those items and classes of items for which joint purchase may be advantageous for the per iod commencing with the execution of this Agreement and continuing until terminated; and WHEREAS, the City of Fairhope desires to help establish the Association and to participate in its membership; and WHEREAS, the City of Fairhope agrees to the premises, and the mutual covenants and agreements stipulated herein. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sullivan to execute the Intergovernmental Agreement Establishing the South Alabama Purchasing Association and to participate in its membership. Adopted on this 13th day of November, 2023 ______________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 18 of 271 13 November 2023 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope hereby declares its official intent to allocate a portion of the proceeds of the warrants to reimburse the General Fund of the City for expenditures incurred after the date that is no more than sixty (60) days prior to the date of the adoption of this resolution, but prior to the issuance of the warrants, in connection with the acquisition, provision, equipping and construction of the improvements. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4918-23 BE IT RESOLVED by the City Council (the "Council") of the City of Fairhope, Alabama (the "City"), as follows: Section 1. Findings. The City has ascertained and does hereby find and declare as follows: (a) The City is in the process of planning the design, construction and financing of various capital improvements to the water works plant and distribution system and the sanitary sewer system of the City (the "Water and Sewer System Improvements"); (b) The City intends to issue, in one or more series, not more than $50,000,000 aggregate principal amount of its Utility Revenue Warrants (collectively, the "Warrants"), for the purpose of paying a portion of the costs of acquiring, providing, equipping and constructing th e Improvements and paying the costs of issuing the Warrants; (c) The City expects to issue the Warrants by not later than March 31, 2024; (d) Prior to issuance of the Warrants, the City expects to incur certain costs and make certain expenditures out of the general fund of the City in connection with the Improvements; and (e) The City expects to allocate to itself, from the proceeds of the Warrants, moneys to reimburse the City for the expenditures made prior to the date of issuance of the Warrants. Section 2. Official Intent. The City hereby declares its official intent to allocate a portion of the proceeds of the Warrants to reimburse the general fund of the City for expenditures incurred after the date that is no more than sixty (60) days prior to the date of the adoption of this resolution, but prior to the issuance of the Warrants, in connection with the acquisition, provision, equipping and construction of the Improvements. This resolution is being adopted pursuant to the requirements of the Internal Revenue Code of 1986, as amended, and Treasury Regulations Section 1.150-2(e) promulgated thereunder. ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 _________________________________ Corey Martin, Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk Page 19 of 271 13 November 2023 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves the Uniform Work Pants Allowance mentioned in the resolution but will furnish the required work shirts beginning January 1, 2024. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4919-23 WHEREAS, the City of Fairhope will be ending our rental uniform pro gram with Cintas as of December 31, 2023; and WHEREAS, the City of Fairhope approved in the FY 2023 – 2024 Budget to authorize a Uniform Allowance for Employee Work Pants as follows; and General Government $40.00 per pair for 5 pair of pants ($200.00) FR Employees $100.00 per pair for 6 pair of pants (600.00) WHEREAS, the City of Fairhope will furnish the required Work Shirts. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves the Uniform Work Pants Allowance mentioned above but will furnish the required Work Shirts beginning January 1, 2024. DULY ADPOTED ON THIS 13TH DAY OF NOVEMBER, 2023 _______________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope name the property known as The Triangle the “Flying Creek Nature Preserve”. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 20 of 271 13 November 2023 RESOLUTION NO. 4920-23 WHEREAS, the City of Fairhope acquired the property known as “The Triangle” via a Real Estate Purchase Agreement, Development Agreement and Warranty Deed; and WHEREAS, the City has received a grant to construct the North Triangle Nature Park Trail and Facility Improvements and preserve this property to be used as a public park; and WHEREAS, the City Council is desirous to name the property known as “The Triangle” the “Flying Creek Nature Preserve”. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope adopts to name the property known as The Triangle the “Flying Creek Nature Preserve”. DULY ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 ________________________________ Corey Martin, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a loan/funding agreement with the Fairhope Airport Authority, a public corporation pursuant to Alabama Code Section 11-63-2. The general framework of the loan/funding agreement shall not exceed $600,000.00 allocated for use by the Authority as matching funds related to a federal grant. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 21 of 271 13 November 2023 RESOLUTION NO. 4921-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a loan/funding agreement with the Fairhope Airport Authority, a public corporation pursuant to Alabama Code Section 11-63-2. The general framework of the loan/funding agreement shall not exceed $600,000.00 allocated for use by the Authority as matching funds related to a federal grant. The agreement shall be taken in draws and will not be a lump sum loan to the Authority. The grant and funds will be used to construct a new terminal at the Fairhope Airport. Repayment terms: Payments to the City on the loan/funding agreement shall be interest only paid on a monthly basis for the first 18 months. The principal balance plus continuing interest will be paid in nine annual installments starting at month 19 and shall be paid off within ten years from the commencement of principal and interest payments. Interest rate: The current applicable interest rate is 4.75%. If the City’s best interest rate on deposits goes below 4.75%, the rate will be the average of the new rate and 4.75%, but never more than 0.75% higher than the City’s earnings on deposits. If the City’s interest rate on deposits goes up, the rate will go up accordingly, but shall never exceed 5.5%. For rates between 4.75% and 5.5%, Airport Authority will pay the City’s best savings rate on deposits. Interest rates shall be computed and adjusted every 90 days. Collateral: Collateral may be tied to and further encumber land that is subject to prior funding agreements with the City of Fairhope if current bond obligations allow secondary encumbrances on the subject property. DULY ADOPTED THIS 13TH DAY OF NOVEMBER, 2023 ______________________________ Corey Martin, Council President Attest: ___________________________ Lisa A. Hanks, MMC City Clerk Page 22 of 271 13 November 2023 Councilmember Conyers moved to accept the donation from Katie Bolton, owner of Pro-Cycle and Tri, donating two bike racks to the Fairhope Soccer Complex in the amount of $500.00 per bike rack. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. City Council reviewed an application for a Beer/Wine Off Premises License by Ravidu Roshan Halawaththage, d/b/a FRC General Trading LLC, 17026 State Highway 181, Fairhope, Alabama 36532. Councilmember Robinson moved to approve the issuance of the license. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Councilmember Robinson moved to appoint David Johnson to the Fairhope Public Schools Commission to serve the remainder of the vacated term by Amy Foley and fill position until December 31, 2023; and appoint him to serve a three year term effective January 1, 2024 and ending January 31, 2027. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Robinson moved to appoint Chris Shrader to the Parking Authority for a four-year term which will expire November 2027. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items: 1) Carol Wilson, 489 Bartlett Avenue, addressed the City Council regarding the Library Board of Trustees have not responded to their request. She commented on a list of books filed in the Teen Section of the Fairhope Public Library. Ms. Wilson said she was opposed to the books in the children and teen area in the Fairhope Public Library. 2) Rebecca Watson, 124 Fig Avenue, addressed the City Council regarding the books in the children and teen area in the Fairhope Public Library. She told Mayor Sullivan they have not heard her stance on this issue. Ms. Watson is the Chair for Moms for Liberty Baldwin County; and said she was opposed to the books in the children and teen area in the Fairhope Public Library. 3) Stephanie Durnin, 209 Hemlock Drive, addressed the City Council and mentioned that 10,144 children has visited the Fairhope Public Library this year. Ms. Durnin said she was opposed to the books in the children and teen area in the Fairhope Public Library; and for purchasing these books. At the request of the City Attorney, Marcus E. McDowell, the City Council will rise from the meeting to go into Executive Session based on Alabama Code Section 36-25A-7(a)(3) to discuss imminent, potential, and pending litigation. The approximate time to be in Executive Session is 45 minutes. Councilmember Robinson moved to go into Executive Session. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Page 23 of 271 13 November 2023 Exited the dais at 7:02 p.m. Returned at 7:59 p.m. Councilmember Burrell moved to adjourn the meeting. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 8:00 p.m. Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 24 of 271 STATE OF ALABAMA ) ( : COUNTY OF BALDWIN ) ( The City Council met in a Work Session at 3:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 13 November 2023. Present were Council President Jay Robinson, Councilmembers: Jack Burrell, Corey Martin, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, and City Clerk Lisa A. Hanks. City Attorney Marcus E. McDowell was absent. Council President Robinson called the meeting to order at 3:30 p.m. The following topics were discussed: • The first item on the Agenda was the Historic Preservation Ordinance Discussion. Mara Hunter, Historic Preservation Committee member, addressed the City Council and thanked the Committee and Attorney Chris Williams for their help. The following Power Point Presentation titled “Fairhope Historic Preservation Committee: Presentation to the City Council.” Council President Robinson questioned Attorney Williams if there were inline will it be okay. Mr. Williams commented there are statutory codes that must be followed and we cannot do a half- way ordinance for the CLG status. He stated that maintenance part came his partner to deter potential blight issues and other issues. Mr. Williams said the membership section came from the Alabama statutes as well as the Certificate of Appropriateness. He said the Alabama statutes state there shall be 13 powers for the Commission; said the City Council has the authority to approve Historic property or Historic Districts. He commented that the Alabama statute does not call for a moratorium. Councilmember Conyers said the main reason for Commission was for CLG status; and to preserve property. Councilmember Martin asked if we could move slowly towards CLG status. Council President Robinson commented we need to make sure we meet CLG status but adopt an ordinance and move forward. He said Chris Williams needs to discuss with the Committee for a happy medium. Building Official Erik Cortinas addressed the City Council and stated we have a condemn buildings ordinance. He said two are now in the works to tear down and put a lien on the properties. Mr. Cortinas stated we give the owners 45 days to respond; and we work with them. Mr. Williams said these are hazardous and non-compliant buildings. Mr. Cortinas said he uses the Schneider Report for Historic properties, works with the residents, and lets them know their house is on the list. Ms. Hunter said the ordinance would help residents get grants; and the Commission could intervene before the building gets in a state of disrepair. Council President Robinson told Mr. Williams if it is a maybe then take it out of the ordinance; and get the ordinance adopted in compliance for CLG status. He said use the powers needed to be CLG status yet less is better. Mr. Williams said he would work with the Committee for a final draft. Skip Jones, Historic Preservation Committee member, said this is a perfect way to get a draft for the City Council. Page 25 of 271 Monday, 23 October 2023 Page -2- • The next item on the agenda was the Eagle Reef Presentation by John Shell. He used the Eagle Reef for his Eagle Scout Project. (See attached Power Point Presentation titled “The Eagle Reef”) Mr. Shell said it boosts the ecosystem wherever these are placed. Jeb Shell addressed the City Council and explained the future possibilities; and said you would get a tax credit for a donation. He said you clean the bay and the water with the reefs. Councilmember Burrell questioned the life of the reefs. Mayor Sullivan thanked them for being at the Work Session; and said she was excited for these reefs being in our City. Mayor Sullivan said this will be an educational tool for schools and citizens. • The Discussion on City Council Rules of Procedure was next on the agenda. Mayor Sullivan suggested to move up the requests and Community items to top of agenda; and grouping items by Departments. Councilmember Burrell stated the most important items are at the top of the agenda; and stated the reason for the agenda order. Councilmember Conyers commented it is better to group by Departments; and he could go either way. Councilmember Martin said he wants a consent agenda if possible. Council President Robinson said we could have a consent agenda and/or move items to top. The consensus of the City Council was to leave the agenda as it is now. • Councilmember Burrell addressed the City Council and explained Agenda Item No. 25; and answered any questions if needed. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No. 13 through No. 18; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Council and gave an update on Gaston Plaza and the string lighting in Arts Alley. He announced that Andy James, Engineer of Record for , passed away a few weeks ago. Mr. Johnson asked everyone to keep his family in our prayers. He thanked the City Council for Agenda Item No. 24, naming of the Triangle property. • Gas Superintendent Wes Boyette addressed the City Council regarding Agenda Item No. 19; and answered any questions if needed. • City Treasurer Kim Creech addressed the City Council regarding the PFM meetings and said we will look at rates next. She addressed Agenda Items No. 20 through No. 22; and answered any questions if needed. • Mayor Sullivan introduced Hannah Noonan our new Human Resources Director. She addressed Agenda Item No. 23; and answered any questions if needed. • Human Resources Director Hannah Noonan addressed the City Council regarding Agenda Items No. 8 and No. 9; and answered any questions if needed. • Councilmember Burrell addressed Agenda Item No. 25 and commented we need to add “shall not exceed $600,000.00. Page 26 of 271 Monday, 23 October 2023 Page -3- • City Clerk Lisa Hanks addressed the City Council regarding Agenda Item No. 26 and told them the donation was two bike racks at $500.00 each for a total of $1,000.00. There being no further business to come before the City Council, the meeting was duly adjourned at 5:30 p.m. _________________________________ Jay Robinson, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 27 of 271 Presentation to the City Council Fairhope Historic Preservation Committee November 13, 2023 Page 28 of 271 Recommendation: ❏Adopt an ordinance to create an Historic Preservation Commission tailored to Fairhope’s unique identity. Such an ordinance should balance preservation needs with individual property rights, and encourage preservation through positive means. Page 29 of 271 Why Fairhope Needs an Historic Preservation Commission: ❏to stem the rapid depletion of historic building stock and resources; ❏to protect Fairhope’s historic resources for current and future generations; ❏to preserve historic tourism and related business opportunities; and ❏to provide the City and its residents with access to critical grants and infrastructure support available to places with historic preservation commissions. Page 30 of 271 FHPC’s Approach The Fairhope Historic Preservation Committee (FHPC): ● gathered input from residents, city council members, and the Alabama Historic Commission (AHC) through Spring 2022- Fall 2023; ●studied the sample legislation from AHC as well as Title 11 Chapter 68, 1-15 of the Alabama Law Code; ●reviewed and revised the suggested ordinance across multiple meetings and work sessions in spring 2023: March 15, March 28, April 12, April 26, May 10, May 17; and ●incorporated feedback from the Building Department and the Planning Department on May 10, and then forwarded our recommended ordinance to the Mayor and City Council President May 17, who in turn sent our document for legal review. Page 31 of 271 FHPC Proposed Revisions More than 70 total changes, including: ○Modification of membership and service requirements to reflect Fairhope’s needs and volunteer pool; ○Remove requirements for paint colors; ○Remove fines for failing to maintain historic properties; ○Defer the creation of the architectural review board until the City identifies such a need; ○Amplifying sections that promote education and culture of preservation, including a stage of demolition review; ○Incorporation of Building and Planning suggestions; and ○Language that brought ordinance closer to Fairhope procedures See Appendix “Major Changes” for more information Page 32 of 271 Powers of the Historical Commission ❏NOTE: All versions of the ordinances (FHPC’s, AHC’s, the lawyer’s-CW) propose broad powers for the Commission. FHPC did not limit many of the proposed powers, because most powers become active only if/when the city council decides to activate the powers. Page 33 of 271 Powers and their Limitations in the Proposed Commission All Commission powers are conditional on a public process and City Council Approval: ●Section II. E.1 “Powers” “Recommend to the City Council buildings, structures, sites, and districts for designation as historic properties or local districts.” (FHPC ‘b & d’ p. 2 / CW ‘c’ p.4) ●Section III. D (FHPC p. 7 / CWp.9) Requirements for Adopting an Ordinance for the Designation of Historic Districts and Historic Properties “3. Required Public Hearings: The Commission shall hold a public hearing on any proposed ordinance for the designation of any historic district or property.” “5. City Council Action on Commission Recommendation: Following receipt of the Commission's recommendation, the City Council may adopt the ordinance as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance.”Page 34 of 271 Appeals Section IV (FHPC, ‘N’ p. 11 / CW ‘P’ p.14) “Appeals”. If the City Council agrees to the Historic Commission Recommendations, but residents do not agree, an appeal process is in place. Page 35 of 271 Conclusion ❏An Historic Commission will give the City, business owners, and residents critical support for preserving Fairhope’s at risk and dwindling historical resources. The Ordinance can be structured such that a commission plays a positive role and the city council maintains ultimate authority. ❏No Historic Commission means that the city’s historic stock will continue to be demolished at a whiplash pace. Residents and business owners who want to preserve their properties will not have the tools or resources to do it. The City will not have access to critical grants for preservation, or grants for restoration of historic spaces following natural disasters. Please act now to create preservation tools so that the City, its residents, and its businesses can save Fairhope’s most treasured and tangible connections to its history. Page 36 of 271 Appendix Comparison FHPC and CW Proposals Page 37 of 271 Comparison Overview FHPC: ●Focuses on Demolition Review and Education●Reflects Volunteer Pool and Infrastructure of a Small Town●Approach discussed with AHC and similar to that of Homewood, AL●Ordinance 15 pages in length, reflecting removal of sections discussed in the appendix CW: ●Reflects an ordinance more appropriate for a larger city like Mobile, AL●Full-blown Certificate of Appropriateness section, with attention to details like paint color that FHPC does not recommend●Requires substantially more resources from the City to manage●Proposal 22 pages in length, with sections FHPC does not advocate Page 38 of 271 Section II Membership and Responsibilities FHPC Version (p.2) / CW Version (p.2): Section II, B. (FHPC p. 2) - Revision of Membership to reflect the volunteer pool, retaining some AHC language: “1. The Commission shall consist of at least seven (7) members recommended by the Mayor and appointed by the City Council. All members shall be residents of the city of Fairhope and shall have demonstrated training or experience in history, architecture, architectural history, American studies, cultural geography, cultural anthropology, planning, archaeology, law, or other related fields, or who shall be residents of Fairhope with demonstrated interest in historic preservation.“ Section II, B. 4 (CW p.4) - FHPC removed the language “serve without compensation,” as elsewhere the document states that ⅕ membership may be public officials. We also do not rule out the appropriateness of a small stipend depending upon labor demands. Section II, H. 1 - Responsibilities (FHPC p.4 / CW p. 6) Here, we brought continuing education requirements more in line with the schedules of working volunteers. Page 39 of 271 Section II Powers See Section II D. FHPC “Powers”, p.3 ●FHPC Recommendation proposes 15 powers (FHPC p.2-3); CW proposes 25 (CW p.4-5). ●We retained most powers indicated in the AHC suggested Ordinance with the understanding that the commission powers [such as granting or denying certificates of appropriateness - (‘c.’) or employing persons (‘k’) become active only after the city gives specific approvals such as creating an historic district, or winning a grant that sponsors and employee or contractor. ●One major exception relates to acquiring property. We proposed the city manage historic property donations, acquisitions, and maintenance rather than the Historic Commission (e.g. see FHPC Ordinance, ‘e.’). The city may decide not to accept future donations of property, but as it already has some historic properties we wanted to specify that power does not belong to the Commission. Page 40 of 271 Section III FPHC Section III, D.8 (p.7) Removed from CW version (p.9) was a provision we find incredibly important. Moratorium on Applications for Alteration or Demolition while Ordinance for Designation is Pending: If an ordinance for designation is being considered, the Commission shall have the power to freeze the status of the involved property. Rationale for inclusion: It takes time to gather essential documentation, develop historic contexts, and complete survey fieldwork. When property owners catch wind of such activity, some may react by preemptively tearing down structures in their care. To protect potentially contributing properties during this interim time, many local governments -- including those in Opelika, Florence, Homewood, Bessemer, Dothan, and Alex City -- have found it beneficial to enact a demolition moratorium during the study period. We strongly recommend that Fairhope adopt a similar safeguard in its ordinance. Page 41 of 271 Section IV Certificates of Appropriateness The focus of FHPC proposal is to intervene at the point of demolition (similar to a demolition review), to encourage preservation through positive means. We made several changes to this section to make the process easier and less burdensome for Fairhope residents (FHPC Ordinance, Section V), including: ●FHPC does not encourage CoA prior to building permit (CW p.10). Instead FHPC emphasizes education at time of demolition review rather than managing CoAs. ●Eliminating strict regulations. FHPC does NOT encourage regulating paint colors or commenting on interiors (CW D.1&2 p.10/FHPC F.1 p.9). Page 42 of 271 Section V (CW, p. 17-18) Section V in Chris Williams’s version is related to Maintaining Historic Properties and is a section proposed in the suggested ordinance by AHC. FHPC’s proposal removed the section because we believed it places unrealistic expectations on our current resident body and city infrastructure. Further, we believe the section is incompatible with the demolition review and education approach we are recommending. Page 43 of 271 Questions? Thank you. Page 44 of 271 Page 45 of 271 Page 46 of 271 Page 47 of 271 Page 48 of 271 Page 49 of 271 Page 50 of 271 Page 51 of 271 Page 52 of 271 Page 53 of 271 Page 54 of 271 Page 55 of 271 Page 56 of 271 Page 57 of 271 Page 58 of 271 Page 59 of 271 Page 60 of 271 Page 61 of 271 Page 62 of 271 Page 63 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Cynthia Beaudreau SUBJECT: Public Hearing - Ordinance - Amend Zoning Ordinance No. 1253 - Request of the Owner, 404 Oak LLC, to rezone property from B-4, Business and Professional District to B-2, General Business District. The property is approximately 0.18 acres and is located at 404 Oak Avenue. PPIN #14546 AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: Rezone property from B-4, Business and Professional District to B-2, General Business District. BACKGROUND INFORMATION: The property is approximately 0.18 acres and is located at 404 Oak Avenue. PPIN #14546. BUDGET IMPACT/FUNDING SOURCE: GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 64 of 271 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, to gether with the Zoning Map of the City of Fairhope, be and the same hereby is changed and alter ed in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of FST 404 Oak LLC (containing 0.18 acres, more or less, and zoned B-4) and located at 404 Oak Avenue, Fairhope, AL. PPIN # 14546 Legal Description: (Case number ZC 23.06) LOT 7-A “LOT 7-A” OF THE RE-PLAT OF PART OF LOTS 1, 2, 7, & 8 BLOCK 2, DIVISION 4 OF THE LANDS OF FAIRHOPE SINGLE TAX MISCELLANEOUS BK 1 PGS 320-321 SLIDE 2853-E LEASE IN#1999899 A map of the property to be rezoned is attached as Exhibit A. The property is hereby rezoned B-2, General Business District. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted 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 Official of the City of Fairhope and that any st ructure 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 shal l 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 27th day of November, 2023 By:_____________________________ Corey Martin, Council President Attest: By: ___________________________ Lisa A. Hanks. MMC City Clerk Adopted and approved this 27th day of November, 2023 By:_____________________________ Sherry Sullivan, Mayor Page 65 of 271 NBANCROFTSTNSECTIONSTNSUMMITSTBAYOU DR OAK AVE KEIFER AVE POWELLAVE OAK AVE N CHURCH STPINE AVE EQUALITY ST City of FairhopePlanning Commission November 27, 2023 ¯ OAK AVE N SECTION STNBANCROFTSTZC 23.06 - 404 Oak LLC Legend RoadsParcelsCorporate LimitsZoning ClassificationB-2 - General Business DistrictB-3a - Tourist Resort Lodging DistrictB-4 - Business and Professional DistrictR-2 - Medium Density Single-FamilyR-4 - Low Density Multi-FamilyR-5 - High Density Dwelling ResidentialPlanning Jurisdiction ^ Project Name:404 Oak AvenueSite Data:0.18 acresProject Type:RezoningJurisdiction:Fairhope Planning JurisdictionZoning District:B-4PPIN Number:14546General Location:East side of N. Section Street., South side of Oak Avenue.Surveyor of Record:N/AEngineer of Record:N/AOwner / Developer: FST AL Coastal Holdings, LLCSchool District:Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Prepared by: µ µ Approval w Conditions Michelle Melton Planning Commission unanimously (6 Ayes, 0 Nays) voted to recommend approval of ZC 23.06. Page 66 of 271 Page 67 of 271 1 ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023 Summary of Request: Applicant, AL Coastal Holdings LLC, requests the subject property be rezoned from B-4, Business and Professional District to B-2, General Business District. The property is located at 404 Oak Avenue and within the Central Business District (“CBD”). Applicant desires to utilize the subject property as a restaurant, which is allowed in B-2, but not in B-4. Figure 1: Map of subject and adjacent properties. Comments: The subject property was approved with conditions for a MOP in case SD 22.21 in August 2022. SD 22.21 allowed for four mixed-use units. Mixed uses are allowed in all the “B” zoning districts. Restaurants are only permitted by right in B-2 and B-3(b), and are not allowed in B-4. Pursuant to Article V, Section B(3), since the subject property is within the CBD, re-zoning approvals may be done conditionally so that some allowed uses within the rezoned district may not be allowed for a particular location. For example, an Automobile Repair Station is not a desired use for this location although an allowable use. Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive Plan and Article V., Section B.1. of the Zoning Ordinance are achieved. Page 68 of 271 2 ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023 Table 3-1 Page 69 of 271 3 ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023 Figure 2: Google Street View last visited on September 11, 2023. The Zoning Ordinance defines B-4 Business and Professional District as follows: “B-4 Business and Professional District: This district is intended to provide opportunity for business establishments of a professional nature and is restricted to offices and businesses, which provide specific corporate functions or professional services to the general public.” See Art. III, Section A(14). The Zoning Ordinance defines B-2 General Business District as follows: “B-2 General Business District: This district is intended to provide opportunity for activities causing noise and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a local market and require location proximity to major transportation routes. Recreational vehicle parks, very light production and processing activities are included. See Art. III, Section A(11). There is an Easement Agreement recorded as Instrument#: 1962444 and included in the packet. The easement is to the benefit of the subject property as it is a 20’ easement across the southern 20’ of 406 Oak Avenue. Applicants are aware of the easement. Applicants are also aware that to use the subject property as a restaurant there may be additional parking and utility requirements. As the restaurant concept develops a Site Plan Review may be generated that will come before the Planning Commission and City Council only if the Page 70 of 271 4 ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023 triggers of Article 2, Section 2 within the Zoning Ordinance are initiated. Otherwise, permits may be Staff Review only. A Re-Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the Criteria in Art. II, Section B(1)(e). (1) Compliance with the Comprehensive Plan; Response: The 2015 Comprehensive Plan states that downtown Fairhope is the ultimate Village Center. The subject property is within downtown and meets the form, function, and design standards because it is a source for both tourists and locals. It accomplishes this as B-4 and as B-2. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. Some allowable uses are not ideal for this location and use changes will be vetted accordingly. (3) The character of the surrounding property, including any pending development activity; Response: Meets. Use as a restaurant will complement the current situation and future development activity, such as a hotel, which has been approved for the property immediately adjacent. (4) Adequacy of public infrastructure to support the proposed development; Response: Meets. Already an existing structure with utilities. Applicant plans to add a larger commercial kitchen, which may require additional demands on infrastructure. Parking may also be an issue as the restaurant concept develops. (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Meets. This zoning change will not negatively impact natural resources or current/future conditions. (5) Compliance with other laws and regulations of the City; Response: Meets. Any future development is subject to all applicable laws of the City. (6) Compliance with other applicable laws and regulations of other jurisdictions; Response: Meets. Any future development is subject to all applicable laws. (7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and Response: Staff does not anticipate any significant issues relating to this criterion currently. Staff has not supported some request to rezone property to B-2 in the general vicinity. However, those properties directly abutted the edge of the CBD or gully. The subject property abuts neither. (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Page 71 of 271 5 ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023 Response: Staff does not anticipate any significant issues relating to this criterion currently. Recommendation: Staff recommends approval of ZC 23.06: rezoning 404 Oak Avenue from B-4 to B-2 with the following conditions: 1.) Regardless of the allowed uses in Table 3-1 of the Fairhope Zoning Ordinance, the following uses shall be prohibited on the subject property: a. Automobile Service Station b. Automobile Repair c. Personal Storage d. Boarding House or Dormitory e. Recreational Vehicle Park f. Kennel or Animal Hospital g. Convenience Store h. Clinic Page 72 of 271 PropertyMapPage 73 of 271 ck)pJoliliOH1flOJuncsowwsSlel9Jt3NV%IHNIèJO4 INJflIIVINV9N1007DN1QNVIVJtI)NVHIliflOs9IlF4SNMOIINOII.)JS1,1VHIVYtVIIV1VUN’iCt)NIM1lviiSOCJO)1HIVRonkj1c-OttS3OVd)400USkNNIU3OUOJJUSVLiii6€,AULiii18AJIIVINIXOIhIIIVONUSVh4VHV1V3d0HèIPjjAlL)JHtNIN0IIVNOdeIO’XVII1ONISIdOHHIV111-41JOSJNV1)vHiI0JNOISIAIOI(e)OMI>40019(811-401310JOj33J0L.ISJMII)!ONVtNJA]SLOlJO3lviiIIIHON31-UJOt3]J0LIISIM31-ti(VUNit10110iiVHHIèION11-It30)1111GOLISV]3)4111)JNO10110LI]IIflISV]EIHINOLLdWDS3GAHVONTi5uopd!nsaaspunogpuesaajPage 74 of 271 LegalDescriptionLOT7-ALOT7-AOF THERE-PLATOFPARTOFLOTS1,2, 7,&8BLOCK 2,DIVISION4OFTHELANDSOFFAIRHOPESINGLETAXMISCELLANEOUSBK1PGS320-321SLIDE2853-ELEASEIN#1999899Page 75 of 271 Page 76 of 271 Page 77 of 271 Page 78 of 271 Page 79 of 271 Page 80 of 271 Page 81 of 271 BARTON & SHUMER ENGINEERING, LLC 3213 MIDTOWN PARK SOUTH MOBILE, AL 36606 251.219.4942 www.bartoneng.com June 6, 2022 Mr. Richard Johnson, PE City of Fairhope 555 S. Section Street Fairhope, Alabama 36532 RE: 404 Oak Avenue MOP – Drainage Narrative Dear Mr. Johnson: A Multiple Occupancy Project is proposed at the existing residence at 404 Oak Avenue which is located in the southwest quadrant of the intersection of Oak Avenue and North Bancroft Street. The site slopes toward the northeast with existing inlets on the north side of Oak Avenue and the east side of Bancroft Street. Bancroft Street has a significant northward slope beyond Oak Avenue where any runoff will enter a natural drainage feature that drains to Mobile Bay. The existing residence is located on multiple parcels and has an existing driveway with aggregate parking. The project consists of renovating the existing residence to provide for residential and commercial uses. No changes to the foot print of the structure or grading of the site are proposed as part of this project that would alter the existing runoff flow pattern. Sincerely, David M. Shumer, P.E. AL P.E. #24109 Page 82 of 271 OAK AVE N BANCROFT STExhibit A:404 Oak Avenue, Rezone: B-4 to B-2(ZC 23.06) Legend RoadsZoningDistrictB-2 - General Business DistrictB-4 - Business and Professional DistrictR-2 - Medium Density Single-FamilyParcelsPlanning Jurisdiction ^ µ Page 83 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Mike Jeffries SUBJECT: Public improvements indicated herein for Longbranch are hereby accepted for public maintenance. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: That the public improvements indicated herein for Longbranch are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Dilworth Development. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 84 of 271 Page 85 of 271 RESOLUTION NO. --- WHEREAS, the Owners of Longbranch desire to have a ll public streets and public right-of- ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2907-F , and a ll Fairhope public utilities located in public right-of-ways accepted for maintenance by the C ity of Fairhope, Alabama , and ; WHEREAS , the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in confonnance with City requirements , and; WHEREAS , the Public Works Director has indicated that the improvements meet City requirements , a nd ; WHEREAS , the City of Fairhope , Alabama, has received from the owners ofLongbranch, maintenance bonds for the public improvements constructed for a period of 2 years , and; OW, THEREFORE BE IT RESOLVED BY THE CITY COU CIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Longbranch are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sull ivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Dilworth Development (the "S ubdivider"). BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilitie s outside the limits of the right-of-way of the public streets , or any irrigation systems installed within the right-of-way of public streets , whether or not such may be lo cated within dedicated easements in any of these de velopments. Attest: Lisa A . Hanks , MMC City C lerk Adopted thi s 27th day of November, 2023 Corey Martin , Council President Page 86 of 271 MAINTE ANCE AND GUARANTY AGREEME T THIS MAINTENANCE AND GUARANTY AGREEMENT (thi "Agreement ") is made and entered into by an d between t?\v:V"DJZB:\:: ~f'M:@'5:j JN?-, [ins ert name of deve loper as shown on the final subdivi sion plat] (the "Subdivider"), and the City of Fairhope, Alabama (the "City of Fairhope") (the "City") (the Subdivider, and the City are sometimes hereinafter referred to singularly as a "Party" and collectively as the "Partie s"), on the following recitals , term s , and conditions : WHEREAS , th e Subdivider is the developer of Longbranch (the "Subdivision "), which Subdivision is recorded as Instrument Number 2084428 in the records of the Office of the Judge of Probate of Baldwin County, Alabama ; WHEREAS , it is contemplated that prior to the City accepting for maintenance those certai n items set forth on Exhi bit "A" attached hereto (the "Improvements "), the Subdivider will be responsible for maintaining the Improvements for a period of two (2) years (the "Maintenance Period") from and after the Effective Date (hereinafter defined), and that the Improvements will be free from defects arising during the Maintenance Period , or thereafter in certain circ umstances as specified in this this Agreement; NOW, THEREFORE , in consideration of the premises and the mutual covenants con tained herein , the receipt, adequacy and sufficiency of which are hereby acknowledged , the parties hereto , intending to be legally bound , do hereby covenant and agree as follows: I . Recital s. The above recitals shall be included as part of this Agreement as necessary contingencies and as if fully set forth herein . 2 . Maintenance and Guaranty of Improvements . The Subdivider shall maintain the Improvements during the Maintenance Period and shall keep the Improvements in good and working order, normal wear and tear excepted . The Subdivider hereby guarantees and warrants the Improvements and the workmanship associated with the construction and installation of the Improvements until the expiration of the Maintenance Period , and thereafter as specified be low . In the event any defect in the Improvements and/or the workmanship associated with the construction and installation of the Improvements (a "Defect") arises, in whole or in part , durin g the Maintenance Period , the Subdivider shall be responsible correcting the same . During the Maintenance Period the Subdivider shall monitor and inspect the Improvements and shall remedy any Defect of which it in any manner becomes aware within ten days of becoming so aware, except that in the event a Defect is not capable of being remedied within said ten -day period , th e Subdivider shall have such time as is reasonably necessary to remedy such Defect so long as the Subdivider has commenced its remedial e fforts within such ten-day period and pursues completion of such remedial efforts with due diligence . Not less than 30 day s or more than 60 days b efore expiration of the Maintenance Period the Subdivider shall schedule with the City's Building Official , or his designee , a joint inspection of the Improv eme nts by th e Subdivider and City. The City will give the Subdivider a Notice of Defects identified as a result of such inspection within 15 da ys of th e inspection . Any and all Defect(s) so identified by the City shall b e remedied by the Subdivider within ten days of the Notice of Defects, except that in Pag e 1 of 5 Page 87 of 271 the event a Defect is not capable of being remedied within said ten-day period , the Subdivider shall have such time as is reasonably necessary to remedy such Defect so long as the Subdivider has commenced its remedial efforts within such ten-day period and pursues completion of such remedial efforts with due diligence . However, any and all Defects identified by the City shall be completely remedied , to the complete satisfaction of the City, prior to acceptance of the Improvements by the City . Additionally , in the event other Defects arise after expiration of the Maintenance Period , but prior to all Defects identified by the City in the Notice of Defects being completely remedied by the Subdivider, the Subdivider shall be responsible for remedying such other Defect(s), in like manner as set forth above, prior to the City accepting the Improvements . It is the intent of this Agreement that there be no Defect(s) in the Improvements at the time the City accepts the same . 3 . Financial Guaranty of Performance. As a condition to the City agreeing to enter into this Agreement, the Subdivider shall provide the City with an acceptable surety/financial guarantee of the payment and performance of its obligations hereunder (the "Guaranty"). The Guaranty shall be provided by a surety and shall be in a form that is acceptable to the City in its sole and absolute discretion and shall be in an amount of $ $212,766 .06 . In the event the foregoing condition precedent is not satisfied within thirty (l.Q) days of the Effective Date, the obligation of the City to accept the Improvements for maintenance under Section 4 hereof shall terminate and be of no further force or effect. 4 . City to Accept Improvements for Maintenance . Upon expiration of the Maintenance Period, and provided that the Subdivider has fully performed under this Agreement , the City shall accept maintenance of the lmprovements. 5 . Failure to Perform . ln the event the Subdivider shall fail in whole or in part to perform any term , covenant or condition of this Agreement or in the event of a Defect (a "Default"), the City may issue a written notice of default to the Subdivider (a "Notice of Default"). If the Subdivider has not cured the Default within ten ( I 0) days of its receipt of the Notice of Default, the City shall have the right to take any or all of the following actions : (a) complete/remedy any Default , including , without limitation , the right to cure any Defect , at the sole cost and expense of the Subdivider; (b) call on or otherwise exercise its rights under the Guaranty; and/or (c) exercise any other right or remedy available to the City at law or in equity , including the right to pursue and obtain specific performance . ln the event the City exercises any of the foregoing rights and expends any funds in connection therewith , the Subdivider shall reimburse the ity for any such expended fund within ten ( 10) days of demand for such funds by the City . Any funds not so reimbursed by the Subdivider within said ten ( 10) day period shall thereafter accrue interest at the rate of twelve percent ( 12%) per annum . Page 2 of 5 Page 88 of 271 6 . Legal Compliance. The Subdivider shall, at its own expense , comply with all applicable laws, ordinances , regulations, mies and orders, whether federal , state or local , or any regulation of any governmental body having jurisdiction over the Subdivision or the Subdivider with respect to the maintenance and repair of the Improvements, regardless of when they become effective . The Subdivider shall not use, nor permit the use of the Improvements for any purpose in violation of such laws , regulations , rules or orders . The Subdivider represents and warrants to the City that the Subdivider is acting with full and legal authority with respect to the lmprovements . 7. Indemnification. The Subdivider shall indemnify, defend and hold harmless the City and its affiliates, elected officials , employees , agents , representatives, contractors , subcontractors , licensees and invitees from and against any and all claims , violations of law, demands, liabilities , damages , losses , judgments, costs, and expenses including, without limitation, attorneys ' fees, arising out of or otherwise related to any approval or activity conducted by , or any act or omission of, the Subdivider made or taken pursuant to this Agreement. 8 . Responsibility For Agents . The Subdivider shall be responsible for compliance by its engineers , architects , contractors , subcontractors , employees, agents, and representatives (collectively, the "Representatives") with the terms of this Agreement and for all acts or om1ss1ons by any or all of the Representatives relating to the obligations of the Subdivider herein . 9 . No Assignment. The Subdivider shall not have the right to assign this Agreement or any rights or obligations hereunder without the City's prior written consent , which consent may be withheld in the sole and absolute discretion of the City . Any attempted assignment shall be void . No assignment shall relieve the Subdivider of its liabilities and obligations herein . I 0. Agency . It is neither the express nor the implied intent of the Parties to create an agency relationship pursuant to this Agreement ; therefore , any actions of the Parties shall not be considered or implied to create such agency. 11 . No Waiver . The failure of the City to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any subsequent breach or default in the terms , conditions and covenants herein contained. 12 . Entire Agreement. This Agreement embodies the entire agreement and understanding of the Parties with respect to the construction of the Improvements and there are no further or prior agreements or understandings , written or oral , in effect between the Parties relating to the subject matter hereof. 13 . No Endorsement. The City in no way whatsoever is deemed to have approved , provided, given, or allowed to be given any authorization , endorsement, approval , or consent of the business practices , action s or behavior of the Subdivider. This Agreement, and/or the procedures approving the same , is no way to be considered as a substitute for any regulations , Page 3 of 5 Page 89 of 271 procedure or other requirement of the City . It is the sole responsibility of the Subdivider to comply or to ensure its own compliance with any local, state, or federal law or regulation . 14 . Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama , without regard to its conflicts of law principles . 15 . Attorney 's Fees . In the event the ity m1tiates litigation or any other legal proceeding for purposes of enforcing its rights , duties and obligations hereunder and is the prevailing party in any such litigation or other legal proceeding, the City shall be entitled to the recovery of its attorney's fees in addition to any other remedy provided hereunder. 16 . Counterparts . This Agreement may be executed in one or more counterparts and by the different parties hereto under separate counterparts, any one of which need not contain the signatures of more than one party, but all of which when taken together shall constitute one and the same instrument notwithstanding that all parties have not signed the same counterpart hereof. 17 . Headings . The section headings contained in this Agreement are inserted as a matter of convenience and shall not affect in any way the construction of the terms of this Agreement. 18 . Effective Date . As used herein , the term "Effective Date" means the date of execution of this Agreement by the Mayor of the City as set forth below . JN WITNESS WHEREOF, the Parties, having full authority to do so, have fully executed this Agreement by and through their respective duly authorized representatives as of the last date of execution below. [Insert Name of Subdivider] THE CITY OF FAIRHOPE, ALABAMA By : ________________ _ As Its Mayor Date : --------------ATTEST: Page 4 of 5 Page 90 of 271 , City Clerk EXHIBIT "A" The Improvements [Insert description of all improvements subject to City maintenance] Page 5 of 5 Page 91 of 271 I D ewberry LONGBRA H ~E Inc 25353 Fnendsh~ Road Daphne. Al 36526 25t 990 995 0 2St 9909910fax wwwdwtbel'TVcom All roadways , storm drain y tern, water sy tern and sewer ystem infrastructure installed within the rig hts of way wit h in the ubdivision, see attached unit price bond estimate . ITEM I I UNIT I QUANTITY I UNIT I AMOUNT I NO. DESCRIPTION PRICE GRADING & DRAINAGE 1 18" REI NFORCED CONCRETE PIPE , CLASS 3 LF 955 .00 36 .79 35 ,134.45 2 24 " REI NFORCED CONCRETE PIPE CLASS 3 LF 327 .00 46 .88 15,329.76 3 30 " REI NFORCED CONCRETE PIPE CLASS 3 LF 26.00 60 .68 1,577.68 4 36" REINFORCED CONCRETE PIP E CLASS 3 LF 315 .00 7-4 .15 23 ,357 .25 5 18" ,c 28" REI NFORCED CONCRETE ARCH PIPE LF 110 .00 63.66 7,002 .60 6 TYPE S-1 INLET EA 10.00 3 64 5.53 36,455 .30 7 TYPE S-2 INLET EA 2 .00 4 ,205.23 8 ,410 .46 8 DRAINAGE JUNCTION BOX EA 4 .00 3,037 .95 12,151 .80 9 CONCRETE DITCH LF 1.00 9,350 .00 9,350 .00 10 CONCRETE SLOPE PAVED ENDWALL ISI NGLEI EA 2.00 1,117 .00 2,234 .00 11 R IP -RAP , CLASS 2, 24 " THICK WI FILTER FABRIC TON 30 .00 82 .30 2 ,469 .00 12 LEVEL SPREADER /RIP-RAP STILLING BASINI TON 1.00 5,000 .00 5 ,000 .00 SUB -TOT AL GRADING & DRAINAGE: s 158 472 .30 ROADWAYS BITUMINOUS CONCRETE BINDER LAYER, ALOOT 4 ,607 .00 46 ,991 .40 13 424-B, 165 LBS/SY SY 10 .20 14 TYPE 'A'-2'-6" CO NCRETE VALLEY GUTTER LF 3,466 .00 15.40 53,376 .40 TYPE 'A'-2'-6" CONCRETE VALLEY GUTTER 57 .00 1,191 .30 15 "MODIFIED" LF 20 .90 16 TYPE 'D'-12" CO NCRETE RIBBON CURB LF 150.00 18 .70 2,805 .00 17 STOP BAR , PAINT, ALOOT 703 SF 1.00 224 .92 224 .92 18 STRIPING FOR CBU PARKING EA 1.00 640.00 640 .00 19 CONCRETE SIDEWALK, 5' WIDE LF 3,819 .00 46 .20 176,437 .80 20 CO NCRETE HANDICAP RAMP EA 16 .00 1 065 .00 17,040.00 21 SPEED LI MIT SIG N W/POST EA 2.00 315 .37 630 .74 22 STOP SIGN W/POST EA 2.00 356 .99 713 .98 23 STREET SIG N NAME EA 2 .00 379 .01 758 .02 24 CO NCRETE APRON EA 2.00 2 870 .00 5 ,740 .00 25 "FUTURE THRU STREET" W/ POST EA 1.00 236 .99 236.99 26 WETLAND BUFFER SIGN EA 10.00 227 .07 2 ,270 .7 0 27 SPEED HUMP W/ STRIPING EA 1.00 18 200.00 18 ,200 .00 28 END OF ROADWAY BARRICADE EA 1.00 7,040 .00 7,040 .00 29 STREET TREES EA 38 .00 175.00 6 ,650.00 30 CROSSWALK (PAINT & SIGNAGEl . ALDOT 703 EA 1.00 2 ,000 .00 2,000 .00 SUB -TOTAL ROADWAYS : s 342 947 .25 WATER SYSTEM 31 6" PVC WATER MA IN LF 1,768 .00 17.45 30 ,851 .60 32 6" DUCTILE IRON PIPE LF 36 .00 36 .56 1,316 .16 33 6" TAPPING SLEEVE & VALVE EA 1.00 2 279 .20 2,279 .20 34 6" M.J . GATE VALVE WITH MEGALUGS EA 4.00 790 .20 3,160.80 35 6" ,c 4" M.J. TEE WITH MEGALUGS EA 1.00 418 .29 418 .29 Main/enance and Guaran/ee Agreemenl x.hibit A Page 92 of 271 I Dewberry· 36 6" M.J . 22.5 DEGREE BEND 37 6" M.J . 11 .25 DEGREE BEND 38 6" M.J . PLUG 39 WATER SERVICE UTILITY SLEEVES (-4" SCH . 40 WITH 40 CAPSlCISLANDS , 2 LINES) FIRE HYDRANT ASSEMBLY (INCLUDES TEE , 41 VALVE & HYDRANn SEWER SYSTEM 8" STEEL ENCASEMENT PIPE , JACK AND BORE 40 INSTALLATION (FOR 4• FORCE MAIN ) 4 1 6" PVC SEWER FORCE MAIN 42 6" M.J . TEE 43 6" M.J . GATE VALVE 44 SANITARY SEWER FLUSH ING STATION 45 TIE TO EXISTING SEWER FORCE MAIN 46 SEWER LATERAL CLOW PRESSURE) 47 6X3 PERMOX LI NED TEE 48 6' MEGALUGS 49 3"MEGALUGS 50 3• MJ GATE VALVE 51 3" PVC SEWER FORCE MAIN Oewbeny E erslnG 25353 nendt Road Daphne, AL 36526 EA 1.00 350 .50 EA 1.00 350 .50 EA 2 .00 150 .00 EA 30 .00 931 .30 EA 33 .00 20 .00 EA 6 .00 3 004 .95 SUB-TOTAL WATER SYSTEM : LF 100 .00 187.71 LF 1 692 .00 22.4 1 EA 2 .00 1 219 .00 EA 4 .00 912 .00 EA 3.00 2 912 .61 EA 1.00 1,720 .00 EA 28 .00 1 259 .22 EA 2.00 919 .00 EA 4 .00 202 .71 EA 6.00 182 .76 LS 2 .00 812 .00 LS 480 .00 17.26 SUB-TOTAL SEWER S YST EM : ORIG INAL CONTRACT TOTA L: 251 990 9S0 251 990 9910 fax WWW dewbeny.com 350 .50 350 .50 300 .00 27,939 .00 660.00 18 ,029 .70 s 85 655.75 18 ,771 .00 37 ,917 .72 2 ,438 .00 3,648 .00 8,737 .83 1,720 .00 35 ,258 .16 1,838 .00 810 .84 1,096 .56 1,624 .00 8 ,284 .80 s 122 144.91 $ 709 220 .21 I certify the above estimate to be true and correct to the best of my knowledge . The City of Fairhope requires a 2 year maintenance $709 ,220 .21 Bond A at 30% = S 212,766.06. ciate Vice President Business Unit Manager JB/db Maintenan e and G uarantee Agree ment SEAL Exh ibit A Page 93 of 271 MAINTENANCE BOND SURE1Y'S BOND NUMBER GRAL59162 USE BL4CK INK ONLY The PRINCIPAL (Name a11d address of Contmctor as appear in the Co11 s t111ctio11 Contrac t) Dilworth Development , Inc . 2124 Moores MIii Rd , Ste 130A Auburn , AL 36830 The SURETI' (Nam e and Pii ncipal Plac e of Business) Granite Re , Inc. 14001 Quailbrook Drive Oklahoma City , OK 73134 The CITY City ofFairhope, Alabama Attn: Planning and Zoning Director 555 South Section Street Fairhope, Alabama 36532 The PE AL SUl\lJ of this Bond: ($212 ,766 .06). Two Hundred Twelve Thousand Seven Hundred Sixty-Six and 06 / l 00 Dollars Name and date of the CONTRA T : Maintenance and Guaranty Agreement dated TBD , 20 ~3 The PROJECT: Longbranch Subdivision -------- 1. WE, THE PRINCIPAL (hereinafter "Contractor") AND THE SURETY,jointly and severally, hereby bind ourselves, our heirs , executors, administrators , successors, and as signs to the City in the Penal Sum stated above for the performance of the Contract, which is incorporated herein by reference. If the Contractor performs the Contract, then this obligation shall be null and void ; otheiwise it shall remain in full force and effect 2. Whenever the Contractor fails to perfonn any tenn or condition or other obligation of the Contract, the City, acting through any agent of the City, shall have the right to give the Contractor and the Surety, at their addresses stated above , a written Notice to Default. 3. The Surety 's obligation under this Bond becomes effective after the Surety 's rece ipt of a Notice of Default. Upon the Surety 's receipt of a Notice of Default, the Surety shall , at its expense: Page 94 of 271 (a) Immediately take charge of the work required of the Contractor by the Contract (the "Work'') an d be res ponsible for the safety, security, and protection of the Work, including materials and equipment stored on and off the Project site, and (b) Within fourteen (14) days after the Surety's receipt of the Notice of Default, proceed , or provide the City with written verification that satisfactory positive action is in process to facilitate proceeding promptly, to complete the Work in accordance with the Contract, either with the Surety 's resources or through a contract between the Surety and a qualified contractor to whom the City has no reasonable objection. 4 . The Surety shall neither require, nor be entitled to , any agreements or conditions other than those of this Bond and the Contract In taking charge of and completing the Work, the Surety shall assume all rights and obligations of the Contractor under the Contract The presence or possibility of a claim by the Surety against the Contractor shall not be just cause for the Surety to fail or refuse to promptly take charge of and complete the Work. 5 . Nothing contained in this Bond shall be construed to mean that the Surety shall be liable to the City for an amount exceeding the Penal Sum of this Bond , except in the event that the Surety should be in default under the Bond by failing or refusing to take charge of and complete the Work pursuant to Paragraph 3. If the Surety should fail or refuse to take charge of and comp lete the Work, the City shall have the authority to take charge of and comp lete the Work, or have it completed , and the following costs to the City shall be recoverable under this Bond: (a) the cost of completing the Contractor's responsibilities under the Contract, including correction of any defective work thereunder; (b) additional design, engineering , managerial, and administrative services , and reasonable attorneys ' fees incident to completing the Work; (c) interest on, and the cost of obtaining , funds to necessary to cover the costs of completing the Work; and • {d) additional design, engineering, managerial, and administrative services, and reasonable attorneys' fees incident to ascertaining and collecting the City 's losses under the Bond . 6. This Bond and the rights and duties of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflicts of law principles . [Remainder of Page Intentionally Left Blank] 2 Page 95 of 271 I SIGNED AND SEALED this _9t_h __ day of_Ju_n_e _____ ~ 2023 . ATTEST: CONTRACTOR as PRINCIPAL: Dilworth Development, Inc. By _____________ _ Name and Title Countersigned by Alab~esident Agent fo, Su,ety , By ~Ww~ • SURETY: Granite Re , Inc . Francis Ware AL License #0453430 Name 4525 Executive Park Drive Suite 202 Montgomery, AL 36116 800-489-0105 Francis Ware , Attorney-in -Fact Address Name and Titl e 3 Page 96 of 271 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Pre sents : That GRANI TE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint : SONYA D. BERRYMAN ; LEN SKI PPER ; FRANCIS WARE ; CH RI STY HICKS for the following purposes, to wit: To sign its name as surety to , and to execute, seal and acknowledge any and all bonds , and to respectively do and perform any and all acts and things set forth in the resolut ion of the Board of Directors of the said GRANITE RE , INC. a certified copy o f which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE , INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said : SONYA D . BERRYMAN ; LEN SK IP PER ; FRANCIS WARE ; CHRISTY HICK S may lawfully do in the prem i ses by virtue of these presents . In Witness Whereof, the said GRANITE RE, INC. has caused this Instrument to be sea led with its corporate seal, duly attested by the signatures of its Pre si dent and Ass istant Secretary, thi s 3rd day of January, 2020. STATE OF OKLA HOMA ) ) SS : COUNTY OF OKLAHOMA ) Kenneth D . Whlttin on, President K~~~istant Secretary On this 3rd day of Jan uary, 2020, before me personally came Kennet h D. Whittington, President of the GRANITE RE , INC. Company and Ky le P. McDonald , Assistant Secretary of said Company , with both of whom I am personally acquainted , who being by me severally duly sworn, said , that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE , INC., the co r poration descri bed in and which executed the foregoing Power of Attorney ; tha t they each knew the seal of sa id corporation ; that the seal affixed to said Power of Attorney was such corporate seal , that it was so fixed by order of the Board of Directors of said corporation, and that t hey signed the ir name thereto by like order as President and Assistant Secretary , respectively , of the Company. My Commission Exp i res : April 2 1, 2027 Commission #: 11003620 GRANITE RE, INC . Certificate THE UNDERSIGNED, being the du ly elected and acting Assistant Secre t ary of Granite Re , Inc., a Minnesota Corporat ion, HEREBY CERTIFIES t hat the follow in g resolution is a true and correct excerpt from the July 1 5, 1987, min utes of the meeting of the Board of Di r ectors of Granite Re , Inc. and that said Power of Att orney has not been revoked and is now in full force and effect . "RESOLVED, that t he Pres ident, any Vice President, the Assis t ant Secretary, and any Assistant Vice Pres ident shall each have authority to appo int Ind ividuals as attorneys -in-fact or un der other appropriate titles with aut hor ity to execute on behalf of the company fidelity and su re ty bonds and other documents of similar character Issue d by the Company In the course of its business . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal , or a facsim i le t he r eo f , may be impressed or affixed or i n any other manner reproduced ; provided , however, that the seal shall no t be necessary to the validity of any su~~ 11 imffW;1 en t or undertaking ." ,, \'1E 1<,i IN ~ESS WHEREOF, the undersigned has subscri bed this Certifica~e.. •<=t>~~te seal of t he Corporation this ~ day of (\,,,1 M£ _ , 20~. ~'••• g { -"(lo\~ ~~ a v~ ~-•"9 = l SEAL } ! ,<J p!M/Z/ \ \ ,1 _ / Sl<yle P. McDonald , Assistant Secretary .,, '•·"°/At,. --<'°... ~ ~, .... ~..;.:l"fES~ ~_,... ~ ... .,, -~ -~.:,.:.,, ,.,~ ✓,,,, ,,,,'t;. GR0S00 -1 111IIJIIIJlllll11 Page 97 of 271 JO' ts O »' ~- vtetNfTY w..P ,..,ML£ SUR\o£mil'S CCRnnc.,. TF l{IC,o,at_,Of'HSIIIII 1 N-oJMIIOIOf'lil'CIOit11, ,.,..,..JSOl,/11\bl#IZ I CU1 . ..,.,,_en.arr.~ --~-111(\.(MlrOUDllll(O,l_f,UtOlfS. 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"R~Tr OF APPROVAL BY QTY or rAIIIHIY'C UTIJ11CS .. .,,;~ .. a,-=-=-===-.::... ~•~rcsg:si .... ~ -~r;: . .:!.t· ll()IARY PULC """" "" Page 98 of 271 MAINTENANCEANDGUARANTYAGREEMENTTHISMAINTENANCEANDGUARANTYAGREEMENT(this“Agreement”)ismadeandenteredintobyandbetweent7v’IDpk1tJ’[insertnameofdeveloperasshownonthefinalsubdivisionplat](the“Subdivider”),andtheCityofFairhope,Alabama(the“CityofFairhope”)(the“City”)(theSubdivider,andtheCityaresometimeshereinafterreferredtosingularlyasa“Party”andcollectivelyasthe“Parties”),onthefollowingrecitals,terms,andconditions:WHEREAS,theSubdivideristhedeveloperofLongbranch(the“Subdivision”),whichSubdivisionisrecordedasInstrumentNumber2084428intherecordsoftheOfficeoftheJudgeofProbateofBaldwinCounty,Alabama;WHEREAS,itiscontemplatedthatpriortotheCityacceptingformaintenancethosecertainitemssetforthonExhibit“A”attachedhereto(the“Improvements”),theSubdividerwillberesponsibleformaintainingtheImprovementsforaperiodoftwo(2)years(the“MaintenancePeriod”)fromandaftertheEffectiveDate(hereinafterdefined),andthattheImprovementswillbefreefromdefectsarisingduringtheMaintenancePeriod,orthereafterincertaincircumstancesasspecifiedinthisthisAgreement;NOW,THEREFORE,inconsiderationofthepremisesandthemutualcovenantscontainedherein,thereceipt,adequacyandsufficiencyofwhichareherebyacknowledged,thepartieshereto,intendingtobelegallybound,doherebycovenantandagreeasfollows:1.Recitals.TheaboverecitalsshallbeincludedaspartofthisAgreementasnecessarycontingenciesandasiffullysetforthherein.2.MaintenanceandGuarantyofImprovements.TheSubdividershallmaintaintheImprovementsduringtheMaintenancePeriodandshallkeeptheImprovementsingoodandworkingorder,normalwearandtearexcepted.TheSubdividerherebyguaranteesandwarrantstheImprovementsandtheworkmanshipassociatedwiththeconstructionandinstallationoftheImprovementsuntiltheexpirationoftheMaintenancePeriod,andthereafterasspecifiedbelow.IntheeventanydefectintheImprovementsand/ortheworkmanshipassociatedwiththeconstructionandinstallationoftheImprovements(a“Defect”)arises,inwholeorinpart,duringtheMaintenancePeriod,theSubdividershallberesponsiblecorrectingthesame.DuringtheMaintenancePeriodtheSubdividershallmonitorandinspecttheImprovementsandshallremedyanyDefectofwhichitinanymannerbecomesawarewithintendaysofbecomingsoaware,exceptthatintheeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.Notlessthan30daysormorethan60daysbeforeexpirationoftheMaintenancePeriodtheSubdividershallschedulewiththeCity’sBuildingOfficial,orhisdesignee,ajointinspectionoftheImprovementsbytheSubdividerandCity.TheCitywillgivetheSubdivideraNoticeofDefectsidentifiedasaresultofsuchinspectionwithin15daysoftheinspection.AnyandallDefect(s)soidentifiedbytheCityshallberemediedbytheSubdividerwithintendaysoftheNoticeofDefects,exceptthatinPage1of5Page 99 of 271 theeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.However,anyandallDefectsidentifiedbytheCityshallbecompletelyremedied,tothecompletesatisfactionoftheCity,priortoacceptanceoftheImprovementsbytheCity.Additionally,intheeventotherDefectsariseafterexpirationoftheMaintenancePeriod,butpriortoallDefectsidentifiedbytheCityintheNoticeofDefectsbeingcompletelyremediedbytheSubdivider,theSubdividershallberesponsibleforremedyingsuchotherDefect(s),inlikemannerassetforthabove,priortotheCityacceptingtheImprovements.ItistheintentofthisAgreementthattherebenoDefect(s)intheImprovementsatthetimetheCityacceptsthesame.3.FinancialGuarantyofPerformance.AsaconditiontotheCityagreeingtoenterintothisAgreement,theSubdividershallprovidetheCitywithanacceptablesurety/financialguaranteeofthepaymentandperformanceofitsobligationshereunder(the“Guaranty”).TheGuarantyshallbeprovidedbyasuretyandshallbeinaformthatisacceptabletotheCityinitssoleandabsolutediscretionandshallbeinanamountof$$212,766.06.Intheeventtheforegoingconditionprecedentisnotsatisfiedwithinthirty()daysoftheEffectiveDate,theobligationoftheCitytoaccepttheImprovementsformaintenanceunderSection4hereofshallterminateandbeofnofurtherforceoreffect.4.CitytoAcceptImprovementsforMaintenance.UponexpirationoftheMaintenancePeriod,andprovidedthattheSubdividerhasfullyperformedunderthisAgreement,theCityshallacceptmaintenanceoftheImprovements.5.FailuretoPerform.IntheeventtheSubdividershallfailinwholeorinparttoperformanyterm,covenantorconditionofthisAgreementorintheeventofaDefect(a“Default”),theCitymayissueawrittennoticeofdefaulttotheSubdivider(a“NoticeofDefault”).IftheSubdividerhasnotcuredtheDefaultwithinten(10)daysofitsreceiptoftheNoticeofDefault,theCityshallhavetherighttotakeanyorallofthefollowingactions:(a)complete/remedyanyDefault,including,withoutlimitation,therighttocureanyDefect,atthesolecostandexpenseoftheSubdivider;(b)callonorotherwiseexerciseitsrightsundertheGuaranty;and/or(c)exerciseanyotherrightorremedyavailabletotheCityatlaworinequity,includingtherighttopursueandobtainspecificperformance.IntheeventtheCityexercisesanyoftheforegoingrightsandexpendsanyfundsinconnectiontherewith,theSubdividershallreimbursetheCityforanysuchexpendedfundswithinten(10)daysofdemandforsuchfundsbytheCity.AnyfundsnotsoreimbursedbytheSubdividerwithinsaidten(10)dayperiodshallthereafteraccrueinterestattherateoftwelvepercent(12%)perannum.Page2of5Page 100 of 271 6.LegalCompliance.TheSubdividershall,atitsownexpense,complywithallapplicablelaws,ordinances,regulations,rulesandorders,whetherfederal,stateorlocal,oranyregulationofanygovernmentalbodyhavingjurisdictionovertheSubdivisionortheSubdividerwithrespecttothemaintenanceandrepairoftheImprovements,regardlessofwhentheybecomeeffective.TheSubdividershallnotuse,norpermittheuseoftheImprovementsforanypurposeinviolationofsuchlaws,regulations,rulesororders.TheSubdividerrepresentsandwarrantstotheCitythattheSubdividerisactingwithfullandlegalauthoritywithrespecttotheImprovements.7.Indemnification.TheSubdividershallindemnify,defendandholdharmlesstheCityanditsaffiliates,electedofficials,employees,agents,representatives,contractors,subcontractors,licenseesandinviteesfromandagainstanyandallclaims,violationsoflaw,demands,liabilities,damages,losses,judgments,costs,andexpensesincluding,withoutlimitation,attorneys’fees,arisingoutoforotherwiserelatedtoanyapprovaloractivityconductedby,oranyactoromissionof,theSubdividermadeortakenpursuanttothisAgreement.8.ResponsibilityForAgents.TheSubdividershallberesponsibleforcompliancebyitsengineers,architects,contractors,subcontractors,employees,agents,andrepresentatives(collectively,the“Representatives”)withthetermsofthisAgreementandforallactsoromissionsbyanyoralloftheRepresentativesrelatingtotheobligationsoftheSubdividerherein.9.NoAssignment.TheSubdividershallnothavetherighttoassignthisAgreementoranyrightsorobligationshereunderwithouttheCity’spriorwrittenconsent,whichconsentmaybewithheldinthesoleandabsolutediscretionoftheCity.Anyattemptedassignmentshallbevoid.NoassignmentshallrelievetheSubdividerofitsliabilitiesandobligationsherein.10.Agency.ItisneithertheexpressnortheimpliedintentofthePartiestocreateanagencyrelationshippursuanttothisAgreement;therefore,anyactionsofthePartiesshallnotbeconsideredorimpliedtocreatesuchagency.11.NoWaiver.ThefailureoftheCitytoinsistuponastrictperformanceofanyoftheterms,conditionsandcovenantshereinshallnotbedeemedawaiverofanysubsequentbreachordefaultintheterms,conditionsandcovenantshereincontained.12.EntireAgreement.ThisAgreementembodiestheentireagreementandunderstandingofthePartieswithrespecttotheconstructionoftheImprovementsandtherearenofurtherorprioragreementsorunderstandings,writtenororal,ineffectbetweenthePartiesrelatingtothesubjectmatterhereof.13.NoEndorsement.TheCityinnowaywhatsoeverisdeemedtohaveapproved,provided,given,orallowedtobegivenanyauthorization,endorsement,approval,orconsentofthebusinesspractices,actionsorbehavioroftheSubdivider.ThisAgreement,andlortheproceduresapprovingthesame,isnowaytobeconsideredasasubstituteforanyregulations,Page3of5Page 101 of 271 procedureorotherrequirementoftheCity.ItisthesoleresponsibilityoftheSubdividertocomplyortoensureitsowncompliancewithanylocal,state,orfederallaworregulation.14.GoverningLaw.ThisAgreementshallbegovernedbyandconstruedinaccordancewiththeLawsoftheStateofAlabama,withoutregardtoitsconflictsoflawprinciples.15.Attorney’sFees.IntheeventtheCityinitiateslitigationoranyotherlegalproceedingforpurposesofenforcingitsrights,dutiesandobligationshereunderandistheprevailingpartyinanysuchlitigationorotherlegalproceeding,theCityshallbeentitledtotherecoveryofitsattorney’sfeesinadditiontoanyotherremedyprovidedhereunder.16.Counterparts.ThisAgreementmaybeexecutedinoneormorecounterpartsandbythedifferentpartiesheretounderseparatecounterparts,anyoneofwhichneednotcontainthesignaturesofmorethanoneparty,butallofwhichwhentakentogethershallconstituteoneandthesameinstrumentnotwithstandingthatallpartieshavenotsignedthesamecounterparthereof17.Headings.ThesectionheadingscontainedinthisAgreementareinsertedasamatterofconvenienceandshallnotaffectinanywaytheconstructionofthetermsofthisAgreement.18.EffectiveDate.Asusedherein,theterm“EffectiveDate”meansthedateofexecutionofthisAgreementbytheMayoroftheCityassetforthbelow.NWITNESSWHEREOF,theParties,havingfullauthoritytodoso,havefullyexecutedthisAgreementbyandthroughtheirrespectivedulyauthorizedrepresentativesasofthelastdateofexecutionbelow.[InsertNameofSubdivider]THECITYOFFAIRHOPE,ALABAMABy:____________AsItsMayorDate:________ATTEST:Page4of5Page 102 of 271 qCityClerkEXHIBIT“A”TheImprovements[InsertdescriptionofallimprovementssubjecttoCitymaintenance]Page5of5Page 103 of 271 Maintenance and Guarantee Agreement Exhibit A LONGBRANCH All roadways, storm drain system, water system and sewer system infrastructure installed within the rights of way within the subdivision, see attached unit price bond estimate. ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT GRADING & DRAINAGE 1 18" REINFORCED CONCRETE PIPE, CLASS 3 LF 955.00 36.79 35,134.45 2 24" REINFORCED CONCRETE PIPE, CLASS 3 LF 327.00 46.88 15,329.76 3 30" REINFORCED CONCRETE PIPE, CLASS 3 LF 26.00 60.68 1,577.68 4 36" REINFORCED CONCRETE PIPE, CLASS 3 LF 315.00 74.15 23,357.25 5 18" x 28" REINFORCED CONCRETE ARCH PIPE LF 110.00 63.66 7,002.60 6 TYPE S-1 INLET EA 10.00 3,645.53 36,455.30 7 TYPE S-2 INLET EA 2.00 4,205.23 8,410.46 8 DRAINAGE JUNCTION BOX EA 4.00 3,037.95 12,151.80 9 CONCRETE DITCH LF 1.00 9,350.00 9,350.00 10 CONCRETE SLOPE PAVED ENDWALL (SINGLE) EA 2.00 1,117.00 2,234.00 11 RIP- RAP, CLASS 2, 24" THICK W/ FILTER FABRIC TON 30.00 82.30 2,469.00 12 LEVEL SPREADER (RIP-RAP STILLING BASIN) TON 1.00 5,000.00 5,000.00 SUB-TOTAL GRADING & DRAINAGE: $ 158,472.30 ROADWAYS 13 BITUMINOUS CONCRETE BINDER LAYER, ALDOT 424-B, 165 LBS/SY SY 4,607.00 10.20 46,991.40 14 TYPE 'A'- 2'-6" CONCRETE VALLEY GUTTER LF 3,466.00 15.40 53,376.40 15 TYPE 'A'- 2'-6" CONCRETE VALLEY GUTTER "MODIFIED" LF 57.00 20.90 1,191.30 16 TYPE 'D'- 12" CONCRETE RIBBON CURB LF 150.00 18.70 2,805.00 17 STOP BAR, PAINT, ALDOT 703 SF 1.00 224.92 224.92 18 STRIPING FOR CBU PARKING EA 1.00 640.00 640.00 19 CONCRETE SIDEWALK, 5' WIDE LF 3,819.00 46.20 176,437.80 20 CONCRETE HANDICAP RAMP EA 16.00 1,065.00 17,040.00 21 SPEED LIMIT SIGN W/POST EA 2.00 315.37 630.74 22 STOP SIGN W/POST EA 2.00 356.99 713.98 23 STREET SIGN NAME EA 2.00 379.01 758.02 24 CONCRETE APRON EA 2.00 2,870.00 5,740.00 25 "FUTURE THRU STREET" W/ POST EA 1.00 236.99 236.99 26 WETLAND BUFFER SIGN EA 10.00 227.07 2,270.70 27 SPEED HUMP W/ STRIPING EA 1.00 18,200.00 18,200.00 28 END OF ROADWAY BARRICADE EA 1.00 7,040.00 7,040.00 29 STREET TREES EA 38.00 175.00 6,650.00 30 CROSSWALK (PAINT & SIGNAGE), ALDOT 703 EA 1.00 2,000.00 2,000.00 SUB-TOTAL ROADWAYS: $ 342,947.25 WATER SYSTEM 31 6" PVC WATER MAIN LF 1,768.00 17.45 30,851.60 32 6" DUCTILE IRON PIPE LF 36.00 36.56 1,316.16 33 6" TAPPING SLEEVE & VALVE EA 1.00 2,279.20 2,279.20 34 6" M.J. GATE VALVE WITH MEGALUGS EA 4.00 790.20 3,160.80 35 6" x 4" M.J. TEE WITH MEGALUGS EA 1.00 418.29 418.29 Page 104 of 271 Maintenance and Guarantee Agreement Exhibit A 36 6" M.J. 22.5 DEGREE BEND EA 1.00 350.50 350.50 37 6" M.J. 11.25 DEGREE BEND EA 1.00 350.50 350.50 38 6" M.J. PLUG EA 2.00 150.00 300.00 39 WATER SERVICE EA 30.00 931.30 27,939.00 40 UTILITY SLEEVES (4" SCH. 40 WITH CAPS)(ISLANDS, 2 LINES) EA 33.00 20.00 660.00 41 FIRE HYDRANT ASSEMBLY (INCLUDES TEE, VALVE & HYDRANT) EA 6.00 3,004.95 18,029.70 SUB-TOTAL WATER SYSTEM: $ 85,655.75 SEWER SYSTEM 40 8" STEEL ENCASEMENT PIPE, JACK AND BORE INSTALLATION (FOR 4" FORCE MAIN) LF 100.00 187.71 18,771.00 41 6" PVC SEWER FORCE MAIN LF 1,692.00 22.41 37,917.72 42 6" M.J. TEE EA 2.00 1,219.00 2,438.00 43 6" M.J. GATE VALVE EA 4.00 912.00 3,648.00 44 SANITARY SEWER FLUSHING STATION EA 3.00 2,912.61 8,737.83 45 TIE TO EXISTING SEWER FORCE MAIN EA 1.00 1,720.00 1,720.00 46 SEWER LATERAL (LOW PRESSURE) EA 28.00 1,259.22 35,258.16 47 6X3 PERMOX LINED TEE EA 2.00 919.00 1,838.00 48 6' MEGALUGS EA 4.00 202.71 810.84 49 3" MEGALUGS EA 6.00 182.76 1,096.56 50 3" MJ GATE VALVE LS 2.00 812.00 1,624.00 51 3" PVC SEWER FORCE MAIN LS 480.00 17.26 8,284.80 SUB-TOTAL SEWER SYSTEM: $ 122,144.91 ORIGINAL CONTRACT TOTAL: $ 709,220.21 I certify the above estimate to be true and correct to the best of my knowledge. The City of Fairhope requires a 2 year maintenance $709,220.21 Bond A at 30% = $ 212,766.06. Sincerely, Dewberry Engineers Inc. Jason N. Estes, P.E. Associate Vice President Business Unit Manager SEAL JB/db Page 105 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Erin Wolfe SUBJECT: Rescind Bid No. 24-003 for Four (4) New 2023 Chevrolet Tahoes 2WD for the Police Department due to no bids received; and authorizes the City to solicit for informal bids in accordance with the Attorney General Opinion from 1969. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: Rescind Bid No. 24-003 for Four (4) New 2023 Chevrolet Tahoes 2WD for the Police Department due to no bids received; and authorizes the City to solicit for informal bids in accordance with the Attorney General Opinion from 1969. BACKGROUND INFORMATION: The Police Department needs to procure four (4) Chevrolet Tahoe Patrol Vehicles or equivalent. Bid No. 24-003 Four (4) New 2023 Chevrolet Tahoes 2WD or Equivalent was issued on October 27, 2023, posted to the City of Fairhope's website, and viewed by 160 of 421 vendors who select to receive e-notifications. No bids were received at the bid opening on November 7, 2023 at 10:00 a.m. Attorney General Opinion to Hon. L. R. Driggers, November 25, 1969 states that if the awarding authority advertises for bid and receives none, the price may be negotiated with any contractor without advertising for bids a second time. The Chief of Police, Stephanie Hollinghead, recommends that the City rescind Bid No. 24-003 Four (4) New 2023 Chevrolet Tahoes 2WD or Equivalent and solicit informal bids. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: Page 106 of 271 LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 107 of 271 RESOLUTIO N O. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as fo ll ows: [l] Th at the City of Fairhope did request , receive , and open bids for Four (4) New 2023 Chevro l et Tahoes 2WD for the Police Department (Bid Number 24-003) at 555 South Section Street in the City of Fairh ope offices , Fairhope, Alabama; and [2] On October 27 , 2023 when bids were to be received and opened , no bids were received ; therefore , it is desirous that Bid Number 24-003 be rescinded and to authorize the City to solicit for informal bid s in accordance with Attorney General Opinion from 1969 that states "if th e awarding authori ty advertises for bids and none are received , the price may be negotiated with any contractor without ad vertising for bids a second time."; and [3] That the Governing Body of the City of Fairhope, A labama , hereby rescinds Bid No. 24-003 for Four ( 4) New 2023 Ch evro let Tahoes 2WD for the Police Department due to no bids recei v ed ; and authorizes the City to solicit for informal bids in accordance with the Attorney General Opini on from 1969. Adopted on this 27th day of November, 2023 Attest: Lisa A. Hanks , MMC City Cl erk Corey Martin , Council President Page 108 of 271 ~ ~; d lt\BA ~b Sherry Sulliv an Mayor Council Members : Kevin G. Boone Jack Burre ll , ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creec h City Treasurer 161 North Section St. PO Drawer 429 Fairhope , AL 36533 251 -928 -2136 (p) 251 -928 -6776 (f) www .fairhopeal.gov MEMO To : Lisa Hanks , City Clerk Kimberly Creech, City Treasurer From : Er in Wolfe , Purchasing Manager Date : November 15 , 2023 Re : Requesting City Council to rescind Bid No . 24-003 Four (4) New 2023 Chevrolet Tahoes 2WD or Equivalent and authorize receipt of informal bids in accordance with Attorney General Opinion The Police Departme nt needs to procure four (4 ) Chevrolet Tahoe Patrol Veh icles or equivalent. Bid No . 24 -003 Four (4) New 2023 Chevrolet Tahoes 2WD or Equivalent was issued on Octobe r 27 , 2023 , posted to the City of Fairhope 's website , and viewed by 160 of 421 vendors who select to receive e-notifications . No bids were received at the bid opening on November 7 , 2023 at 10 :00 a.m . Attorney General Op inion to Hon . L. R. Driggers , November 25 , 1969 states that if the award ing authority advertises for bid and rec e ives none , the p rice may be negotiated with any contractor without advert ising for bids a second time . The Ch ief of Police , Stephanie Holl in ghead , recommends that the City rescind Bid No . 24-003 Four (4 ) New 2023 Chevro let Tahoes 2WD or Equ ivalent and solicit informal bids . Please place on the next available City Council Agenda this request to rescind Bid No . 24-003 Four (4) New 2023 Chevrolet Ta hoes 2WD or Equivalent and authorize receipt of informal bids in accordance with Attorney General Opinion . Enclosure Cc: Stephanie Holl inghead , John Hamrick, Clint Steadham Page 109 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Stephanie Hollinghead, Chief SUBJECT: The Chief of Police, Stephanie Hollinghead, is requesting the extension of the contract for the nursing firm for RFQ PS23-006 Professional Healthcare Services for Fairhope City Jail. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To approve the contract extension for RFQ No. PS23-006 Professional Healthcare Services for the City Jail and authorize the Mayor to execute a contract extension with a not-to-exceed budgeted amount of Thirteen Thousand Dollars ($13,000.00) annually. BACKGROUND INFORMATION: Bay Nursing has agreed to extend the contract with the same terms and conditions. The rates would continue be: Registered Nurse (Visit) $105.00 Registered Nurse (Hourly) $52.50 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150- 51220 Jail Expense $13,000.00 $13,000.00 ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Page 110 of 271 Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 111 of 271 RESOLUTIO NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , That Mayor Sherry Sullivan is hereby authorized to execute a Contract for Extension No . 1 for (RFQ PS23-006) Professional Healthcare Services for the Fairhope City Jail with Bay Nursing, Inc . per the Terms and Conditions of the Original Contract with a not-to-exceed budgeted amount of $13 ,000 .00 . This is the first option to renew of the two additional one-year terms. DULY ADOPTED THIS 27TH DAY OF NOVEMBER, 2023 Atte st: Lisa A. Hanks , MMC City C lerk Corey Martin , Council President Page 112 of 271 I Issuing Date ___ 1_1/_1_6_/2_0_2_3 __ City of Fa irhope Project Fund ing Request COF Project No . Please re turn this Routing Sheet to Treasurer by 2402 ASAP Project Name Approve the Contract Extension No. 1 for RFQ No . PS23-006 Professional Healthcare Servi ces for Cltv Jail and Authorize Mavor to Execute Contract Extension Project Location _::C:..:I.:..tYc:J:..:a:..:i.:...I ___________________________ _ Resolution# • Presented to City Council. __ 1_1_/_2_7/_2_0_2_3 __ Approved _____ _ Funding Request Sponsor Stephanie Hollinghead, Chief of Police Changed _____ _ Rejected _____ _ Project Cash Requ irement Requested : Cost: $ 13 000 .00 Not-to-Exceed Amount (Annually) NOV 16 '23 PH4:31 ~ Vendor: Bay Nursing (Vendor #23940) Project Eng,neer. -'-n"-/a~-------------------------------------------- Order Date --------n/a Lead Time · ----'-n"-/a"---------- Department Funding This Project General &.. Gas [ Electric r:: Water: Wastewater C Sanitation C Cap Project [' Impact C Gas Tax C Fed Grant Department of General Fund Providing the Fund ing Adm,n -10 Fleet-46 0 Bldg•13 C: Po/ice-15 0 Fire-20 C ECD-24 [J Rec-25 C Civic-26 C Manna-34 C Street-35 C Meter-19 C- Plan/Zone -12 C Adu lt Rec-30 7 C Go lf-SO r Golf Grounds-55 D Museur.i-27 C NonDeptFac-75 D Debt Serv,ce-85 C Project will be E,pensed Capitalized ln\lentoned --~x~x~x ___ ~ ----------~ ________ L E,pense Code . 001150-51220 Fund ing Source : G/L Acct Name : ~J_ac.ilc.E~x~p~e~n-'-s~e~------------------ Project Budgeted $ Balance Shee t Item- Included in prOjP.Cted cash flow 13 000 .00 Line 20 C -------- Over (Under ) budget amount.-"$ ______ _ Approve the Co11trac1 Extension f.Jo . 1 for RFO PS23--006 for Healthcare Services for City Jail provided by Bay Nursing for the not-to-exceed amount of $13 ,000.00 and authorize the Mayor to execute the contract extension. The initial contract term was approved by Council 11/28122 as a one-year contract with opt ion for renewa l for two (2) addit ional years. City Council Prior Approval/Date? 11 /281'2 City Cou ncil Appro ve d lniti.1.l Contract for RFO PS23·006 Sen ior Accountant City Treasurer Operating Expenses XXX LZ Budgeted Capital --c.c...c~-C Unfunded C _______ Federal -not to exceed amount ______ State _______ City ------- Bond . _____ _ Loan : ------- Capital Leas e. ______ _ Local Title Title Payment _ ______ Year _______ Year _______ Term Mayor Purchasing Memo Dale ___ 1~1/c.1_4~/2~0~2~3~-Purchasing Memo Date . ___ 1~1~/~14~/~2~0~23~-- IT-16 C HR-17C Page 113 of 271 0~ 'fAifiy ,-6 u t1\ d LA. B /\\~; "h Sherry Sullivan Mayor Council Members : Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251 -928 -2136 (p) MEMO To : Lisa Hanks, City Clerk Kim Creech, Treasurer From: Date: Re: ~~ Erin Wolfe, Purchasing Manager November 15, 2023 RFQ PS23-006 Professional Healthcare Services for the City Jail - Contract Extension No . 1 The Chief of Police , Stephanie Hollinghead , is requesting the extension of the contract for the nursing firm for RFQ PS23-006 Professional Healthcare Services for Fairhope City Jail. Bay Nursing has agreed to extend the contract with the same terms and conditions. The rates would continue be : Registered Nurse (Visit) Registered Nurse (Hourly) $105 .00 $52 .50 Please place on the next available City Council Agenda this request for City Council to Approve the contract extension for RFQ No . PS23-006 Professional Healthcare Services for the City Jail and authorize the Mayor to execute a contract extension with a not-to-exceed budgeted amount of Thirteen Thousand Dollars ($13 ,000 .00) annually . Cc : file , Stephanie Holinghead , Clint Steadham Page 114 of 271 City of Fairhope RFQ PS23-006 Professional Healthcare Services for the City Jail Contract Extension No. 1 This EXTENSION NO .1 of CONTRACT ("Extension") is made this __ day of __________ , 2023, for the pur po se of extending the agreeme nt known as RFQ PS23-006 Professional Healthcare Services for the City Jail , dated November 30, 2023 , ("Original Contract") between the City of Fairhope and Bay Nursing, Inc. (the "Parties"). 1. Extension 1 of th is agreement, which is attached hereto as a part of thi s Extension, is described below : RFQ PS23-006 Professional Healthcare Services for the City Jail and will end on November 29, 2023 at midnight . 2. The Parties agree to extend Extension 1 agreement for an additiona l period, which will begin immed iately upon the expirat ion of the original time period November 30, 2023 and will end on November 29, 2024. 3. This Extension binds and benefits both Parti es and any successors or assigns . This document, incl uding the attached Original Contract, is the entire agreement betw een the Parties . All other te rms and condit ion s of th e Original Contract , including pricing , rema in unchanged. IN WITNESS WHEREOF, the parties hereto have execute d this Contract Ext ension as of the day and year first above written . THE CITY OF FAIRHOPE, ALABAMA BY : Sherry Sullivan, Mayor NOTARY FOR THE CITY STAT E OF ALABAMA} COUNTY OF BALDWIN} ATTEST : BY : Lisa A. Hanks , MMC, City Clerk I, the undersigned aut ho rity in and for sai d State and County, hereby certify that Sherry Sullivan as Mayor of the City of Fa ir hop e whose name is signe d to th e foregoing document and who is known to me , ack nowled ged before me on thi s day , being informed of the contents of the document sh e exec uted th e same voluntarily on the date of the same bears date . Given under my hand and No tary Seal on thi s __ day of ________ , 20 23 . Notary Publi c ____________ _ My Commission Expires : _____ _ Page 115 of 271 If Corporation, Partnership, or Joint Venture Name of Corporation, Partnership , or Joint Venture By : ______________ _ Signature of Officer Authorized to Sign Bids and Contracts for the Firm Email Address Busines s Mailing Address City, State, Zip Code General Contractor's License Number NOTARY STATE OF ___________ _ COUNTY OF-----------~ Position or Title Foreign Corporation Entity ID (Required of out-of-state vendors) I, the undersigned authority in and for sa id State and County , hereby certify that _________________ ,as __________________ _ Type or Print Name of Bid Signer Type or Print Bid Signer Title Respectively, of _______________________________ _ Type or Print Company Name Who se name is signed to the foregoing document and who is known to me, acknowledged before me on thi s day , that, being 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 _____ ~ 2023 . Notary Public ___________ _ My Commission Expire s ________ _ Page 116 of 271 FROM : CITY OF FAIRHOPE AGENDA MEMORANDUM I Chris Ellis , F ire Chief SUBJECT: Declaring Surplus personal property (Engine 911 ) purchased by the City of Fairhope , Alabama for the "FVFD ", described in Section 1, above , by selling such property to Sandcut Volunteer Fire Department in Conecuh County , Alabama for $1 .00 . AGENDA Novembe r 27 , 2023 DATE: RECOMMENDED ACTION: That Engine 911 is hereby declared surplus ; and the Fairhope Volunteer Fire Department ("FVFD ") is authorized and directed to dispose of the personal property purchased by the City of Fairhope , Alabama for the "FVFD ", described in Section 1, above , by selling such property to Sandcut Volunteer Fire Department in Conecuh County , Alabama for $1 .00 . BACKGROUND IN FORMATION: They are a fire department in Conecuh County that is in need of a reliable Engine . BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $ -$ -($_) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up , select deadline date for follow up: lndividual(s) responsible for follow up : Action required (list contact persons/addresses if documents are to be mailed or emailed): I Page 117 of 271 RESOLUTION NO. ____ WHEREAS, the City of Fairhope, Alabama, has a certain item of personal property which is 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: Engine 911 (City Vehicle 01214 VIN#46JPBAA82K1002837) SECTION 2. That the Fairhope Volunteer Fire Department (“FVFD”) is hereby authorized and directed to dispose of the personal property (Engine 911 ) purchased by the City of Fairhope, Alabama for the “FVFD”, described in Section 1, above, by selling such property to Sandcut Volunteer Fire Department in Conecuh County, Alabama for $1.00. ADOPTED AND APPROVED THIS 27TH DAY OF NOVEMBER, 2023 _______________________________ Corey Martin, Council President ATTEST: _________________________________ Lisa A. Hanks, MMC City Clerk Page 118 of 271 Lisa A. Hanks, MMC From: Sent: To: Subject: Attachments: Good afternoon Lisa, Fire Ch ie f Wednesday, November 15, 2023 1 :40 PM Lisa A. Hanks, MMC Counc il Meeting Item Sand cut VFD.pdf I have an item to be put on the next available Council Meeting agenda. The Fire Department would like permission to sell Engine 911 (City Vehicle 01214 Vin# 46JPBAA82K1002837) to Sandcut VFD for $1. They are a fire department in Conecuh County that is in need of a reliable Engine . I've attached a letter from their fire chief to be included in the Council Members packets. If there are any questions please contact myself or Tim Bung . Respectfully, Chris Ellis Fire Chief Fairhope Volunteer Fire Department 1 Page 119 of 271 Sandcut VFD My name is Ty McFerrin,and I am the Fire Chief of Sandcut VFD in Conecuh County, Alabama.I was voted in as Fire Chief in January of 2023,and since then,I have focussed primarily on 2 things:Getting my members more training,and trying to replace some of our older,outdated and worn-out equipment. Because we only get around $20,000 each year from our county to operate on, replacing old equipment has been particularly challenging.We currently have two engines,a 1976 Pierce with a 500 gallon tank (Engine #2),and our primary Engine,a 1985 E1 with a 1500 gallon tank (Engine #1).Our Engine #1 is currently in the shop due to an overheating issue,and we don't yet know how long it will be out of service,or how much it will cost to repair.Currently neither one of our engines will pass a pump test, which is a serious concern as we are preparing for our next ISO inspection in the coming year.We are hoping that the repairs being made to our Engine #1 will enable it to pass a pump test when we get it back,but this is not guaranteed. To complicate matters,we have very limited usable equipment,and are struggling to meet ISO standards for minimum equipment on just one of our Engines,because we don’t currently have the funds to fully-equip both trucks.We have been blessed to receive some used equipment from some neighboring departments,and just recently purchased 4 refurbished air packs and 8 refurbished bottles,as we did not have any that were usable. Receiving this truck would allow us to focus our efforts on acquiring new equipment while knowing that we have an Engine that we could depend on to work properly during an emergency,and pass a pump test for ISO.On behalf of Sandcut VFD,I would like to thank you for considering us as a recipient for the donation of your truck.I greatly appreciate any help we can get. Thank you again, Ty McFerrin Fire Chief,Sandcut VFD Sandcut,AL Page 120 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: SUBJECT: The Fire Maintenance Supervisor, John Saraceno, is requesting procurement of new Lucas 3 v3.1 Chest Compression System. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To approve the sole source procurement of a New Lucas 3 v3.1 Chest Compression System for $19,151.97. BACKGROUND INFORMATION: The Lucas 3 v3.1 Chest Compression System will include: hard shell case, slim back plate, (2) patient straps, (1) stabilization strap, (2) suction cups, (1) rechargeable battery and instructions for $16,412.30. Additionally, the following items would cost: Lucas dessk-top battery charger $1,275.10, Lucas External Power Supply $403.44, Lucas 3 Battery – Rechargeable LiPo $758.50, and freight/shipping $302.63. The total cost would be Nineteen Thousand One Hundred Fifty-One Dollars and Ninety-Seven Cents ($19,151.97). This Lucas Shest Compression System is a sole source item from Stryker and therefore does not have to be let out for bid. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001200- 50470 Fire-Purchases & Vehicles $22,000.00 $19,151.97 $2,848.03 GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 121 of 271 For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 122 of 271 RES OLUT IO N N O . __ _ BE IT RES OLVED BY THE GOVERNING B OD Y OF THE CITY OF FAIRH OP E, ALABAMA , as follows: [1] That the City of Fairhope approves the Procurement of one (1) Lucas 3 v3 .1 Chest Compression System from Stryker Sales Corporation as Sole Source Pro vider for a not-to-exceed amount of $19 ,151.97 ; and authorizes the Procurement based on the option allowed by the Code of Alabama 1975 , Section 41-16-51 (13). ADOPTED ON THIS 27TH DAY OF NOVEMBER, 2023 Attest: Lisa A . Hanks , MMC City Clerk Corey Martin , Council President Page 123 of 271 Issuing Date __ ..:.1..:;1lc...:1..:c6:..:l2:..:0c=2..:c3 __ City of Fairhope Project Funding Request Project Name : Approve the Procurement of Lucas 3 v3 .1 Chest Compression System Project Location · Fairhope Volunteer Fire Dept. Presented to City Council. __ 1'-1'-'l"-27'-'l..:c2.c.0=-23'--- Funding Request Sponsor. John Saraceno , Fire Ma intenance Supervisor COF Project No . 2398 Please return this Rout ing Sheet to Treasurer by ASAP Resolution # App ro ved ______ _ Cha nged _____ _ Rejected _____ _ Project Cash Requ;remen t Requested NOV 16 '2 3 PH4:31 ~ Cost: $ 19151.97 Not.to-exceed Amount Vendor: Stry ker Sales Corporation (Vendor #6354) Project Engineer : _n_l_a ____________________________________________ _ Order Da te ---~n'-la~---Lead Time . ___ n_la _________ _ Depa rtm en t Funding This Project General 0 Gas C Electric C Wate O Wastewater 0 Sanitat ion C Cap Project C Imp act C Gas Tax [ Fed Grant Admm -10 Fleet-46 Department of General Fund Providing the Funding C Bldg-13 Golf-50 Police -15 C Fire-20 [J Go l! Grounds -55 D Museum-27 C Pro 1ect will be C Exµensed Cap1 ta l1zed ln vcnton~d ----'-x"-x-"x-'--___ r~- Expense Code · 00 1200-50470 GIL Acct Name Fire -Purchases & Vehicles ProJect Budgeted . $ Balance She et Item- Included in projected cash flow 19 ,151 .97 Line 40 r: -------- Over (Under) budget amount.~$ ______ _ Landsc-36 C ECD-24 C Rec-25 C Civic-26 C Manna-34 L Street-35 C Meter-19 Non Dep tFac-75 D Debt Serv,ce -85 C Plan/Zcne -12 C Adult Rec-30 Fund in g So ur ce : Operating Expenses l Budgeted Cap,tal ___ X_X_X ___ c;:: Unfunded C Federal -not to exceed amount -------______ Slate _______ City Local Bond . -------Loan . ______ _ Title Title _______ Year Yea r ------- Approve the procurement of the Lucas Chest Compression Sys tem from the s ole -so urce provider, Stryker Sales Cor"poration, for the noi.to~xceed amount of $19,151 .97. Capi tal Lease : ______ _ Payment _______ Term City Council Prior Approval/Date? Sen ior Accountant City Treasurer Mayor Purchas ing Memo Date . --'-11..:./~14..:./~2=0=2=3 __ Purchas in g Memo Date : ___ 1'-'1"-11'-4"-/=20""2"'3'---- IT-16- HR -l 7C Page 124 of 271 ~ ':~l d1.,ABA'm"e Sherry Sullivan Mayo r Council Me m bers: Kevin G. Boone Jack Burrell , ACMO Jimmy Conyers Corey Martin Jay Rob i nson Li sa A. Hanks , MMC City Cle r k Kimberly Creech Treas ure r 161 North Section St. PO Drawer 429 Fairhope , AL 36533 251 -928 -2136 (p) 251-928 -6776 (f) www.fairhopeal.gov MEMO To : From : Date : Re : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer Erin Wolfe , Purchasing Manager November 14 , 2023 Green Sheet and City Council Approval of Procurement of a New Lucas 3 v3.1 Chest Compression System The Fire Maintenance Supervisor, John Saraceno , is requesting procurement of new Lucas 3 v3 .1 Chest Compression System. The Lucas 3 v3 .1 Chest Compression System will include : hard shell case , slim back plate , (2) patient straps , (1) stabilization strap , (2 ) suction cups , (1) rechargeable battery and instructions for $16,412 .30 . Additionally , the following items would cos t: Lucas dessk-top battery charge r $1 ,275 .10 , Lucas External Power Supply $403.44 , Lucas 3 Battery - Rechargeable LiPo $758 .50 , and freight/shipping $302 .63. The total cost would be Nineteen Thousand One Hundred Fifty-One Dollars and Ninety-Seven Cents ($19 ,151 .97 ). This Lucas Shest Compression System is a sole source item from Stryker and therefore does not have to be let out for bid . Please compose a Green Sheet and place on the next available City Council Agenda this request to approve the sole source procurement of a New Lucas 3 v3.1 Chest Compression System for $19,151.97. CC file , John Saraceno , Clint Steadham Page 125 of 271 stryker LUCAS Oct 2023 Quote Number : Version : Prepared For : 10807939 FAIR HOPE VOLNTR FIRE DEPT Attn : Rep : Email : Phone Number : Quote Date : 11 /10/2023 Expiration Date : 12/15/2023 Contract Start: Contract End : Delivery Address Name : FAIRHOPE VOLNTR FIRE DEPT 20136428 Bill To Account Name : Account#: Address : 198 S INGLESI DE ST FAIRHOPE Alabama 36532 -1802 Account#: Address : Equipment Products: # 1.0 2.0 3.0 4 .0 Product 99576 -000063 11576-000060 11576-000071 11576-000080 Price Totals: Description LUCAS 3, v3 .1 Chest Compression System , In cludes Hard Shell Case , Slim Back Plate, (2) Pat ien t Straps , (1) Stabi liza tion Strap, (2) Suction Cups , (1) Re chargeable Battery and Instructions for use With Each Device LUCAS Desk-Top Battery Charger LUCAS External Power Supply LUCAS 3 Battery -Dark Grey -Rechargeable LiPo Prices : In effect for 30 days Terms: Net 30 Days 1 U/M PCE PCE PCE PC E Jeff Wages jeff.wages@stryker.com (901) 491 -1349 FAIRHOPE VOLNTR FIRE DEPT 20136428 198 S IN GLESIDE ST FAIRHOPE Alabama 36532-1802 Qty Sell Price Equipment Total : $16 ,412 .30 $1,275 .10 $403 .44 $758 .50 Estimated Sales Tax (0.000 %): Freight/Shipping : Grand Total : Str yker Medical -Accounts Receivable -accountsreceivable@stryker.com -PO BOX 93308 -Chicago, IL 60673 -3308 Total $16,412 .30 $1 ,275 .10 $403.44 $758.50 $18 ,849 .34 $0 .00 $302 .63 $19,151.97 Page 126 of 271 stryker LUCAS Oct 2023 Quote Number: Version : Prepared For : Quote Date : Expiration Date : Contract Start : Contract End : 10807939 FAIRHOPE VOLNTR FIRE DEPT Attn : 11 /10/2023 12 /15/2023 10/25/2023 10/24/2024 Terms and Conditions: Rep : Email : Phone Number : Jeff Wages jeff.wages@stryker.com (901) 491 -1349 Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit. pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice : Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https :// techweb .stryker.com/Terms Conditions/index .html . 2 Stryker Medical -Accounts Receivable -accountsreceivable@stryker.com -PO BOX 93308 -Chicago , IL 60673 -3308 Page 127 of 271 stryker October 202 3 Stryker is the so le-source provider in the Hospital (hospita ls a nd hospital-owned faci liti es), Emergency Response Serv ices and Emergency Response Training (paramedics, professional and volunteer fire) markets in th e U.S. and Canada for t h e following products : New LIFEPAK ® 15 monitor/defibrill a tors New LIFEPAK 20e defibrillator/monitors New LIFEPAK CR2 automated exte rnal d efi brill a tors New LIFEPAK 1000 a utomated externa l defibrillators New LUCAS ® chest co mpression syste m CODE -STAT ™ data review software a nd service Stryker is the sole-source provider in all markets for the fo ll owing products and services: RELi ™ (Refurbished Equipment fro m th e Lifesaving Innovators) devices LI FEN ET ® system a nd related software ACLS (non-clinical) LIFEPAK defibrillator/monitors LIFELINKcentraJ'M Government Camp u s So luti o n MultiTech 4G and Titan Ill gateways Facto ry-authorized in spection and repair services w hi ch include repair parts, upgrades, inspectio n s and repairs Stryker does not authorize any third parties to se ll th ese products or services in the m arkets li sted above. We w ill n ot fu lfill orders placed by non-authorized businesses see kin g to rese ll our products or services. If yo u have questions, please feel free to contact y our local Stryker cu stomer service representative at 800.442 .1142. Sincerely, Matt Van Der Wende, Vice President, Americas Sa les Copyright © 2022 Stryker M0000008130 REV AB Stry ke r or it s affi li at e d e ntiti es own, use, o r ha ve a ppli ed for th e fo ll owing trad e ma r ks o r se rvices marks: LIFELINKc e ntraJ, LIFEPAK, LUCA S, CODE -S TAT, RELi , LI FEN ET, Stryke r . All o th e r trad em arks are tra d e m a rks o f th e ir r esp ective owne r s o r h old e r s . Th e ab sence of a p rod uct, fea ture, o r service na me, or logo fr om th is li st does not co nstitute a wa iv e r of Stryker's trad e ma rk or o th er inte ll ectu a l p ro perty rights co n cerning th a t na m e or logo . merge cy Ca e 11811 Willows Road NE , Redmond, WA 98052 USA I P +1425 867 4000 I To ll -free +l 800 442 1142 I s tryker.co m Page 128 of 271 Name: John Saraceno CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Date : 10/26/2023 Department : _Fi_re _____________________ _ Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Unde r $5 ,000 No restricti ons Not Required N/A N/A Ut ilities $5 ,001 -$10,000 Ope rati onal NON -Budgeted Three Treasurer/Mayor N/A Greater than : Operational NON -Bud geted Three Council Reguired Gen Govt -$5 ,001 Ut ilities -$10 ,001 Gen Gov t -$5,001-$30,000 Op erati onal Budgeted Th ree Tre asurer N/A Utilities -$10,001 -$30,000 Over $30,000 Operati onal Budget * State Bid List or Treasurer/M ayor N/A Buyin g Group Over $30 ,000/$100,000 Op erati o nal Budgeted Bids Council Reguired Pr ofe ssional Service Ove r $5 ,000 Budgeted or Non -Budgeted M ayor Select Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Budgeted items that meet ar are under budget may be purchased with the Mayor and/ar Treasurer 's approval if they are an the State Bid list ar from an approved buying group . Items that are aver budget must go to Council far appro val and will requ ire a green sheet and resolution . **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. Vendor Name 1. Stryker 2. Click or tap here to enter t ext. 3. Click or tap here to enter text. QUOTES $ 19,151.97 $ $ Vendor Quote ---------------- Check any applicable boxes : D State Contract □ ALDOT IX1 Purchasing Group IX1 Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Lucas Device 2 . What is the total cost of the item or service? 19,151.97 3 . How many do you need? 1 4. Item or Service Is: IX1 New □ Used □ Replacement □ Annual Request 5. Vendor Name (Lowest Quote): So l~ ,ource 6 . Vendor Number: 6354 If you do not have a Vendor Number, please go to the City of Fairhope page : www.Fai rhopeAL.gov, Departments, Pur chasin g, Vendor Registration, and comp lete the required information . BUDGET INFORMATION 1. Is it budgeted? IX1 Yes □ No □ Emergency Reque st 2. If budgeted, what is the budgeted amount? 22,000 L-,~c. &\-0 3. Budget code : 504 70 00 \ LOO Email completed form with quotes and other supporting documentation to Erin .Wolfe@FairhopeAL.gov and Rhonda .Cunninqham@FairhopeAL.gov. PUR -004 -082522 Page 129 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: Requesting Green Sheet and Approval by City Council to award Bid No. 24-006 Well Nos. 8B and 13 Development. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To award Bid No. 24-006 Well Nos. 8B and 13 Development to Morrow Water Technologies, Inc. for not-to-exceed $2,292,873.00. BACKGROUND INFORMATION: A service bid was issued on October 20, 2023, posted to the City of Fairhope’s website, and viewed by 149 of 419 vendors who select to receive e-notifications. One (1) responsive bid was received at the bid opening on November 13, 2023 at 2:00 p.m. The Water/Wastewater Superintendent recommends the award be made to Morrow Water Technologies, Inc. The bid response price is a Lump Sum Total of Two Million Two Hundred Ninety-Two Thousand Eight Hundred Seventy-Three Dollars ($2,292,873.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59501 System Improvements- Water Plant/Wells $2,292,873.00 $2,292,873.00 ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 130 of 271 For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 131 of 271 RESOLUTION NO. ---- 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 o. 24-006) for Development of Well No. 8B and No . 13 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 Development of Well No. 8B and No. 13 [3] After evalu ating the bids with the required specifications , Morrow Water Technologies , Inc. is now awarded (Bid No . 24-006) for Development of Well No . 8B and No . 13 with a bid proposal not-to-exceed 2,292 ,873.00 . DULY ADOPTED THIS 27TH DAY OF NOVEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Corey Martin , Council President Page 132 of 271 Issuing Date : ___ 1_1_/1_6_12_0_2_3 __ City of Fairhope Project Fund ing Request COF Project No . Please return th is Routing Sheet to Treasurer by ProJect Name · Aoorove B id No . 24-006 Award for Development of Well No. 88 and No. 13 to Morrow Water Technoloaies Inc . ProJect Location · Well No. 88 & Well No. 13 Presented to City Council · __ .:._11:.:/=-2-"7/:.::2:.::0=-2c::.3 __ Funding Request Sponsor · Daryl Morefield, Water & Sewer Superintendent Resolution # . Approved _____ _ Changed _____ _ Rejected ______ _ 2405 ASAP Project Cash Requirement Requested : NOV 16 '23 PM4 :31 <:::n.,J Cost: $ 2 1292 1873 .00 Not.to-Exceed Am ount Vendar: Morrow Water Technologies , Inc . (Vendor #7253) ProJect Engineer _,n,,l:,.a ____________________________________________ _ Order Date ____ .....:.nc:la=----Lead Time . __ _,_n"/a=..._ ________ _ Department Funding Th is Project General L Gas L Electric 0 Wate , Wastewater D Sanitation C Cap ProJect C Impact C Gas Tax t. Departme nt of General Fund Providing the Fund ing Adm,n -10 Fleet-46 C Bldg -13 r· [. Golt -SO Pohce -15 C Fire -20 u Golf Grounds -55 D Museum-27 C ECD-24 C Rec-25 u NonDeptFa c-75 D Debt Ser,,ce-85 C Civic-26 Ci Manna-34 Q Street-35 C Meter-19 Plan/Zone-12 C Adult Rec-30 0 Proiect ;,111 be Expensed Capitali zed lr>ve.ntoried _______ c ___ x_x_x ____ G:: ________ c Exper,se Code · 00401 Q-59 501 Funding Source : G/L Acct Name · System Improvements -Water Plant/Wells ProJect Budgeted · $ Balance Sheet Item- Included In proJected 2,292 ,873.00 Line 50 [" cash How _______ _ Operating Expenses _____ C Budgeted Capital __ ....:Xc::Xc.:X:.,... __ c' Unfunded _______ C _______ Federal -not to exceed amount _______ State _______ City _______ Local Bond . _____ _ ------- Fed Grant - Year IT -16 [. HR-1 7C.. Over (Under) budget amount. _,$'-------Loan . ______ _ Title Title -------Year Api:,rove the award of Bid No . 24 -o,c for Otvelopment of Well No. 88 and Well No . 13 to Morrow Woter Technologies , Inc . for the no t-to--exceed amount of $2 ,292 ,873.00 . City Council Prior ApprovaliOa te ? Capital Lease : ______ _ Payment ------- Senior Accountant City Treas,0u~r~e~r _____________________ -'M-""a.._yo"-r'------ Purchasing Memo Date · --~1~1/~1~4~/2~0~2~3~_ Purchas1ng MP.mo Date : ---'-1-"1/'-'1-'4-"/2~0"2,..,3,_ __ Term I I Page 133 of 271 Sherry Sullivan Mayor Council Members : Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech City Treasurer 161 North Section St . PO Drawer 429 Fairhope , AL 36533 251 -928 -213 6 (p) 251 -928 -6776 (f) www.fairhopeal.gov MEMO To: From : Suzanne Doughty, Senior Accountant Kimber ly Creech, City Treasurer Erin Wolfe, Purchasing Manager Date : November 15 , 2023 Re : Requesting Green Sheet and Approval by City Council to award Bid No. 24-006 Well Nos . 8B and 13 Development The Water/Wastewater Superintendent , Daryl Morefield , has requested to hire a contractor for the development of Well No . 8B and Well No . 13 . A service bid was issued on October 20 , 2023, posted to the City of Fairhope's website , and viewed by 149 of 419 vendors who select to receive e-notifications . One (1) respons ive bid was received at the bid opening on November 13 , 2023 at 2 :00 p.m . The Water/Wastewater Superintendent recommends the award be made to Morrow Water Technologies , Inc . The bid response price is a Lump Sum Total of Two Million Two Hundred Ninety-Two Thousand Eight Hundred Seventy-Three Dollars ($2 ,292 ,873 .00). Please prepare a Green Sheet and place on the next City Council Agenda this request to award Bid No . 24-006 Well Nos. 8B and 13 Development to Morrow Water Technologies, Inc . for $2,292,873 .00. Enclosure Cc: Daryl Morefield, Clint Steadham Page 134 of 271 Daryl Morefield City of Fairhope 555 South Section Street Fairhope , AL 36532 KREBS ENGINEERING w November 15 , 2023 Re : Bid No. 24-006 -Well Nos . 8B and 13 Development -Recommendation Letter Contract No . 23040 .2 Dear Daryl : One (1) bid was received for the above-referenced project at 2:00 p.m . CST on November 13 , 2023 . The bid amount received is as follows : CONTRACTOR BID AMOUNT Morrow Water Technoloqies, Inc . (Morrow) $2 ,292,873.00 Two (2) additional plan holders (Donald Smith Company , Inc . and Layne) did not provide a bid because they stated they could not meet the schedule required by the Bid Documents . The City of Fairhope (City) and Krebs Engineering, Inc . (Krebs) developed the schedule based on the need to increase well capacity by May of 2024 . To ensure the bid received aligns with the current market conditions , Krebs has compared the unit prices submitted by Morrow with bid tabulations of recent bids received on similar well projects by surrounding municipalities . This review determined that the unit prices received are competitive in today 's market. Additionally , the total bid amount includes options for different sizes of inner casing pipe and screens and assumes the outer casing will be required to extend to the water-bearing sand . This is standard protocol for bidding well projects due to varying lithology and well production rates. Therefore , all of the quantities in the bid will not be used to complete the project. Krebs and Morrow have reviewed these items since the bid opening, and the total project cost will be approximately $600,000 to $700 ,000 less than the total bid amount. 21 00 River Haven Drive BIRMINGHAM Suite 100 Birmingham , AL 35244 P 205 .987 .7411 HUNTSVILLE MONTGOMERY KrebsEng .com NEWNAN Page 135 of 271 Daryl Morefield November 15 , 2023 Page 2 Based on the above items , Krebs recommends awarding the contract for Well Nos . 88 and 13 Development project to Morrow Water Technologies , Inc. for the low tendered bid amount of $2 ,292 ,873 .00 . The reduced total project cost mentioned above will be revised in the final closeout change order once the project is completed . Attached is a certified b id tabulation , Bid Response Form , and Bid Bond for your records . Do not hesitate to contact us if you have any questions or comments . S incerely yours , ::e:agJ ~ Caleb L . Leach , P.E. Associate cc : Mayor Sherry Sullivan , Erin Wolfe , Rhonda Cunningham , Tim Manuel , Curtis Cooper, Austin Maynard Krebs File No. 23040 .2 Page 136 of 271 CITY OF FA IRH OPE BID NO.: 24-006 KREBS JOB NO .: 23040.2 DATE: NOVEMBER 13, 2023 f!J 2:00 PM , loal Time OWNER· City of Fairhope Alabama DESCR IP TION: Bid No . 24-006 Well No . 88 and 13 Deve lopment PRODUCTION WEll 88 810 Item Approximate No. Quantitl" Deseripdon of Item 1 Comolete Mobilizalion/Oemobilizat1on (maximum of $20 000) 2 300 LF Dnll 7•7/8 tnch pilot bore and geophys1ea lty log to tower aquifer and as descnbed In the Contract Documents 3 225 LF Open pilot bore lo acconvnodate 24 " nommal diameter surface easing , and fum1sh and mstall 24 " nommal diameter surface easing 4 85 LF OnH out easIna to accommodate 16" nom,nal diameter lap pipe and screen 5 85 LF Onll out casInQ to accommodate 12" nominal diameter lap pipe and screen 6 245 LF Fum,sh and install 16" nominal diameter lao pipe 7 245 LF Furnish and install 12" nominal diameter lap 0I0e 8 55 LF 16" Stainless Stee l Screen Furnish , install , and gavel 9 55 LF 12" Stainless Stee l Screen Fumish , install, and oavel 10 1 Ea. Set up and Preparat10ns for Extended Capacity Test 11 96 Hr. Runmno Extended Caoae1tv Test and Observina Recoverv 12 1 Ea . Cappino of ComPleted Production Well 13 225 LF Groullnq Surface Cas1nQ 14 Lumo Sum Water Qualttv Teshna to include PFAS teshna 15 2 Month Temporary submersible pump to suppty treatment facility until permanent we ll pump ca n be set TOTAL AMOUNT OF ,ROOUCTION WEll 18 910 PRODUCTION WEll 13 810 Item ---· Description of"·"' No. Q- 1 Complete Mobilizat1on/Demobilizat1on (maximum of $20,000) 2 200 LF Dnll 7-7/8 inch pilot bore and geophys1calty log to lower aquifer and as descr1bed In lhe Contract Documents 3 115 LF Open pilot bore to accommodate 24 • nomnal diameter surface casing, and furnish and install 24. nominal diameter surface casing 4 75 LF Oriti out casIn9 to accommodate 16" nomtnal dtameler lap pipe and screen 5 75 LF Onll out casino to accommodate 12" nominal diameter lao 0Ioe and screen 6 135 LF Fum1sh and install 16" nommal diameter lap p1pe 7 135 LF Furnish and install 12" nominal diameter lao om e 8 50 LF 16" Stainless Steel Screen Fumish , install, and Qavel 9 50 LF 12" Stainle ss Steel Screen Fum1sh , mstall, and gavel 10 1 Ea . Sel uP and Preoarat10ns for Extended Caoacitv Test 11 96Hr. RunntnQ Extended Capac1tv Test and Observ1n9 Recovery 12 1 Ea. Surface Comp letion of Completed Test Well 13 115 LF Groullnq Surface Casmq 14 Lump Sum Water Quality TesltnQ 15 2 Month Temporary submersible pump to suppty treatment facility until permanent v.,eU pump can be set 16 Lump Sum Fum1sh and In stall Well Pump, Site Improvements, Eleclncal , Piping , and m1sceNaneous appurtenances requ,red to provide a Iumkey well 17 Allowance SCAOA lnsIrumentahon and Controls TOTAL AMOUNT Of PROOUCTIOH WEU 13 8'0 TOTAL IND AMOUNT (PIKIOUCTIDII wtli 18 & UI 1°" CONTINGENCY TOTAL IND AMOUNT (IND AMOUNT (l'tlOOUCTION wtli 18 & UI + 10% COHTINGEW'II l,_Joenotes error Is b,d calculation for the item Total e,d Amount did not change due to this error "I hereby ce n1fy that this Is a true tabulation of bids re ceived by tht: Ci ty of Fa1rhopt:, Alab;ama on October 12, 2021 @)2:00 PM, Local time for Well No . 11 Development " Caleb leach, PE Unit Prt<e l5 $460.00 $62S 00 $S7S .00 $S2S .00 $S2S .00 $475 .00 $7S0.00 $6S0.00 $12,SOO.OO $26S.OO S2S0.00 $37S.OO l5 S7 ,S00.00 Uolt Prt<e l5 $69S .OO $7S0 .00 $600.00 ssso.oo SS7S .OO $565 .00 $7S0.00 $6S0 .00 $12,SOO 00 $26S .OO $4 ,7S0 .00 $S00 .00 l5 S7 ,S00.00 l5 $6S,000 00 KREBS ENGINEERING, INC 21 00 RIVER HAVEN DRIV E BIRM IN GHAM, Al 35244 205-9 87-7411 Morrow Water Technologies:, Inc. 7440 Cahaba Valley Rd . Birmigham, Al 35242 Total ,rtce for Item $20,000.00 $138,000.00 $140,6 25.00 $48,875.00 $44 ,625.00 $128,62S .OO $116,375.00 $41 ,250.00 $3S ,7S0 .00 s12.s00.00 $25,440.00 $2S0.00 $84,375.00 $4 ,200.00 $1S,000.00 $855,ato.OO M orrow Water Technologies, Inc. 7440 Ca haba Valley Rd . Birmigham, Al 35242 Tout hke for ftet'l'I $20,000.00 $139,000.00 $86,2S0 .00 $4S ,000.00 $41,2S0,00 $77,625 .00 $76,275.00 $37,S00.00 $32 ,S00 .00 S12 ,S00 .00 $25,440.00 $4,750.00 $57,SOO.OO $4,200.00 $1S ,000.00 $488 , 7S0 .00 $6S,000.00 $1,221,540.00 $1,N4,4JO.OO $200,443.00 sz.nz.an .oo KREBS ENGINEERING ~ Page 137 of 271 ITEM NO . 1. 2. 3. 4. 5. 6. 7. 8 . 9 . 10 . 11 . 12 . PUBLIC WORKS DEPARTMENT REQUEST FOR COMPETITIVE BIDS FOR CAPITAL IMPROVEMENTS PROJECT ID NO. 24-006 WELL NO. 88 AND 13 DEVELOPMENT PROPOSAL FORM -PRODUCTION WELL 88 at WTP No. 1 APPROXIMATE UNIT TOTAL PRICE QUANTITIES DESCRIPTION OF ITEM PRICE FOR ITEM Mobilization/Demobilization $ 20 ,000 .00 Complete (maximum of $20,000) Lump Sum Lump Sum Drill 7-7/8 inch pilot bore and geophysically log to lower aquifer $460 .00 s 138,ooo .oo 300 LF and as described in the Contract Documents. PerLF Open pilot bore to accommodate 24• nom inal diameter surface casing , $625 .00 $ 140 ,625 .00 225 LF and furnish and install 24" nominal diameter surface casing PerLF Drill out casing to accommodate 16" 85 LF nominal diameter lap pipe and $575 .00 $48,875.00 screen PerLF Drill out casing accommodate 12" 85 LF nominal screen diameter lap pipe and $525 .00 $44 ,625 .00 Per LF Furnish and install 16" nominal 245 LF diameter lap pipe $525.00 $128 ,625 .00 Per LF Furnish and install 12" nominal 245 LF diameter lap pipe $ 475 .00 $1 16 ,375 .00 PerLF 1s· Stainless Steel Screen Furnish , 55 LF install , and gravel $ 750 .00 $41 ,250 .00 Per LF 12" Sta inless Steel Screen Furnish , 55 LF install , and gravel $650 .00 $ 35 ,7 50 .00 PerLF Set up and Preparations for 1 Ea . Extended Capacity Test $12 ,500 .00 $12,500 .00 Per Each Runn ing Extended Capacity Test 96 Hr. and Observing Recovery $ 265 .00 $25,440.00 Per Hr. Capping of Completed Production 1 Ea . Well $250 .00 $250.00 Per Ea . Page 138 of 271 13. 225 LF Grouting Surface Casing $375 .00 $ PerLF 84 ,375 .00 Water Quality Testing to include 14. Lump Sum PFAS testing lump Sum $ 4 ,200 .00 Lump Sum Temporary submersible pump to 15 . 2 Month supply treatment facility until $7,500 .00 $15,000.00 permanent well pump can be set Total Amount of Production Well 88 Bid $855,890 .00 PROPOSAL FORM -PRODUCTION WELL 13 ITEM APPROXIMATE UNIT TOTAL PRICE NO. QUANTITIES DESCRIPTION OF ITEM PRICE FOR ITEM Mobilization/Demobilization 1. Complete (maximum of $20,000) Lump Sum $20,000.00 Lumo Sum Drill 7-7/8 inch pilot bore and geophysically log to lower aquifer $695 .00 $139 ,000 .00 2. 200 LF and as described in the Contract Documents. PerLF Open pilot bore to accommodate 24" nominal diameter surface casing, 3. 115 LF and furnish and install 24" nominal $750 .00 $86,250.00 diameter surface casing Per LF Drill out casing to accommodate 16" 4. 75 LF nominal diameter lap pipe and $600 .00 $45,000 .00 screen Per LF Drill out casing to accommodate 12" 5. 75 LF nominal diameter lap pipe and $550 .00 $41 ,250 .00 screen Per LF Furnish and install 16" nominal 6. 135 LF diameter lap pipe $575 .00 $77,625.00 Per LF Furnish and install 12" nominal 7. 135 LF diameter lap pipe $565 .00 $ 76 ,725 .00 Per LF 16" Stainless Steel Screen Furnish, 8. 50 LF install, and gravel $750.00 $37 ,500 .00 Per LF 12" Stainless Steel Screen Furnish, 9. 50 LF install , and gravel $650 .00 $ 32 ,500 .00 Per LF Set up and Preparations for 10. 1 Ea . Extended Capacity Test $12 ,500 .00 $ 12 ,500 .00 Per Each Page 139 of 271 Running Extended Capacity Test $25,440 .00 11 . 96 Hr. and Observing Recovery $ 265 .00 Per Hr. Surface Completion of Completed 12 . 1 Ea . Test Well $4 ,750 .00 $4 ,750 .00 Per Ea . 13 . 115 LF Grouting Surface Casing $ 500 .00 $57,500 .00 PerLF 14 . Lump Sum Water Quality Testing Lump Sum $ 4 ,200.00 Lump Sum Temporary submersible pump to 15 . 2 Month supply treatment facility until $7,500 .00 $15,000 .00 permanent well pump can be set Furnish and Install Well Pump , Site 16 . Lump Sum Improvements, Electrical , Piping , Lump Sum $ 488 ,750 .00 and miscellaneous appurtenances required to provide a turnkey well Allowance SCADA Instrumentation and $65,000 $65 ,000 17 . Controls Tota l Amount of Production Well 13 Bid $1 ,228 ,540 .00 Bid Amount (Production Well 8B & 13) $ 2 ,084 ,430 .00 10% Contingency $ 208,443 .00 Total Bid Amount (Bid Amount (Production Well $ 88 & 13) + 10% Contingency) 2 ,292,873.00 ADDENDA : The Bidde r acknowledges receipt of Addenda Nos . _1 __ , _2 __ , __ , _, --·--·--· Page 140 of 271 The PRINCIPAL (Bidder's name and address) Morrow Water Technologies, Inc. 7440 Cahaba Valley Road Birmingham, AL 35242 The OWNER City of Fairhope P.O. Drawer 429 Faimope , Al 36533 ITEM VI BID BOND The PROJECT for which the Principal's Bid is submitted: (Project name as it appears In the Bid Documents) PROJECT NO. PROJECT NAME: WA011-21 Well Nos. 8B and 13 Development KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Principal and Surety, Jointly and severally, hereby bind ourselves, our heirs , executors, administrators, successors, and assigns to the OWNER in the PENAL SUM of five percent (5%) of the amount of the Principal 's bid , but in no event more than TEN THOUSAND DOLLARS ($10 ,000 .00). THE CONDITION OF THIS OBLIGATION is that the Principal has submitted to the OWNER the attached bid , which is incorporated herein by reference, for the Project identified above . NOW, THEREFORE, If, within the terms of the Bid Document, the OWNER accepts the Principal's bid and the Principal thereafter either: executes and dellvers a Construction Contract with the required Performance and Payment Bonds (each in the for contained in the Bid Documents and properly completed in accordance with the bid) and delivers evidence of insurance as prescribed in the Bid Documents, or fails to execute and deliver such Construction Contract with such Bonds and evidence of Insurance, but pays the OWNER the difference, not to exceed the Penal Sum of this Bond, between the amount of the Principal's Bid and the larger amount for which the OWNER may award a Construction Contract for the same Work to another Bidder, then , this obligation shall be null and void, otherwise It shall remain In full force and effect. The Surety, for value received , hereby stipulates and agrees that the obligation of the Surety under this Bond shall not in any manner be impaired or affected by any extension of the time within which the OWNER may accept the Principal's bid, and the Surety does hereby waive notice of any such extension . SIGNED AND SEALED THIS~ day of _ ......... N...,oy.._e ... m ..... b=er ____ , 2023. Morrow Water Technologies, Inc. Principal (Company) ATTE~~ n,L _/....,......._/_d......,__i__Jr . .....__'~.....___ ___ by jf' --Soh"' {V\ crfovJ \),",~; "<~ ~a.Y\O.r(,/'{ Print Name and Title '.} ) Merchants National Bonding, Inc Surety Company Page 141 of 271 SURETY ATTEST _..,....,/4r....:..L!~~:;:_~...::~:;....;.;;;;;;==o-C~-------by ------:s=;:-C--2___ GrantsFm'rnoni, AcrouJltM°anager Thomas J. Bole, Attorney-in-Fact Print Name and Tltle Page 142 of 271 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents , that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Compan ies") do hereby make , constitute and appoint, individually , Gregg A Tatum ; H Grantland Rice Ill ; Sharon E Griffith ; Thomas J Bole the ir true and lawful Altorney(s)-ln-Fact , to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds , undertakings , contracts and other written Instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons , guarantee ing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actlons or proceed ings allowed by law . Th is Power-of-Attorney is granted and Is signed and se aled by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23 , 2011 and amended August 1 ◄, 2015 and adopted by the Board of Directors of Ma rchantsNational Bond ing , Inc., on October 16 , 2015 . "The President , Secretary , Treasurer, or any Assistant Treasurer or any Ass istant Secretary or any Vice Presiden t shall have power and authority to appoint Attorneys-In-Fact , and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto , bonds and undertakings , recognizances , contracts of indemnity and other writings obligatory in the nature thereof.' "The signature of any authorized office r and the seal of the Company may be affixed by facs imile or electronic transmission to any Power of Attorney or Cert ifi cati on thereof authorizing the execution and deDvery of any bond , undertaking , recognizance, or othe r suretyship o bligalions of the Company , and such signature and seal when so used shall have the &ame force and effect as though manuafty fLXed ." In connection with obligations In favor of the Florida Department of Transportation only , It is agreed that the power and aut hority hereby given to the Attorney-I n-Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construct ion contracts requ ired by the State of Flo ri da Department of Transportation. It is fully understood that consent! ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/o r its assignee , shall not relieve this surety company of any of its obligations under its bond . In connect ion with ob li ga ti ons In favor of the Kentucky Department of Highways only , It Is agreed that the power and authority hereby given to the Attorney-in -Fact cannot be mod ified or revoked unless prior written personal notice of such Intent has been given to the Commiss ioner - Department of Highways of the Commonwealth of Kentucky at least th irty (30) days prior to the modification or revocatlon . In Witness Whereof, the Companies have caused th is Instrument to be signed and sealed this 8th day of December , 2022 ... •;•,o;j~······ .. ~;6• col.· MERCHANTS BONDING COMPANY (MUTUAL) •••~t,,. .....•..... l ~••• ••~t::,.'..•···•."1'.,,;• MERCHANTS NATIONAL BONDING , INC. lo,, /a~POfi,i•· .. o\ ."~~··""<:,Y.P011:,;•."f-i..•. d/b/a MERCHANTS NATIONAL INDEM NITY COMPANY :J.;,/C.j ~·.'I-~ :r,,.:~ ~··.:.L: 6 :2!:!' -o-c,;0: ,_ ... • •• :C: :-: !,z:--o -c,:-.• ~¥-- :'%. ~ (Z: • ,·.. 1933 ; ~! By ~.·'··. 2003 .:.t:>; ·--• .~. ... . -. ~~.. ;,;;::,. -:.,ti4-......... •;~~~•••• ••• "6-j~. • ... ·-·~~~--• President •••·· * ··••• ••. * •• STATE OF IOWA COUNTY OF DALLAS ss . ,.......... . ..... . On this 8th day of Decembe r 2022 , before me appeared Larry Taylor , to me personally known , who being by me duly sworn did say tha t he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC .; and that the seals affixed to the foregoing instrument are the Corpora te Seals of the Compan ies ; and that the sa id Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors . Ki'lll..ee Carrtmion Niriet T(f}.7 37 My Comnission Expies ~1 14,2024 (Exp irat ion of notary's commiss ion does not invalidate th is instrument) ~ OJv Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC ., do hereby certify that the above and foregoirg is a true and correct copy of the POWER-OF-ATTORNEY executed by sa id Compan ies , which is still In full force and effect and has not been amended or revoked . Page 143 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Lisa Hanks, City Clerk SUBJECT: Interconnection and Water Purchase/Sale Agreement between the City of Fairhope and the Utilities Board of the City of Daphne d/b/a Daphne Utilities. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: That the City Council authorizes Mayor Sherry Sullivan to execute an Interconnection and Water Purchase/Sale Agreement between the City of Fairhope and the Utilities Board of the City of Daphne d/b/a Daphne Utilities. BACKGROUND INFORMATION: Daphne Utilities and Fairhope have agreed that the point of interconnection between their water distribution systems will be located at 22486 Seacliff Drive, Fairhope, AL 36532 ("Point of Interconnection"). Daphne Utilities shall furnish to Fairhope at the Point of Interconnection during the term of this Agreement or any renewal of extension thereof potable treated water meeting applicable purity standards of EPA and ADEM in such quantity as may be required by Fairhope, to the extent that it can be reasonably provided by Daphne Utilities under the circumstances that exist at the time. Daphne Utilities does not warrant, guaranty or promise any given pressure, flow rate or quantity of water provided hereunder. Similarly, Fairhope shall furnish to Daphne Utilities at the Point of Interconnection during the term of this Agreement or any renewal of extension thereof, potable treated water meeting applicable purity standards of EPA and ADEM in such quantity as may be required by Daphne Utilities, to the extent that it can be reasonably provided by Fairhope under the circumstances that exist at the time. Fairhope does not warrant, guaranty or promise any given pressure, flow rate or quantity of water provided hereunder. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) Page 144 of 271 GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 145 of 271 RESOLUTION NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , That the City Council authorize s Mayor Sherry Sullivan to execute an Interconnection and Water Purchase/Sale Agreement between the City of Fairhope and the Utilities Board of the City of Daphne d/b /a Daphne Utilities . Attest: Lisa A. Hanks , MMC City Clerk Adopted on this 27th day of November, 2023 Corey Martin , Council President Page 146 of 271 RESOLUTION 2023-02 A RESOLUTION BETWEEN THE UTILITIES BOARD OF THE CITY OF DAPHNE AND THE CITY of FAIRHOPE TO EXECUTE AN INTERCONNECTION AND WATER PURCHASE/SALE AGREEMENT WHEREAS the Utilities Board of the City of Daphne is organized and established under the provisions of Ala . Code §1 1-50-310 et seq . and owns and operates a water supply distribution system and supplies water service to users in and around the City of Daphne ; and DAPHNE UTILITIES WHEREAS by this Resolution enacted this day by the Utilities Board of the City of Daphne , Daphne Utilities is authorized to interconnect its water system with Fairhope 's water system , to purchase from and to sell water to Fairhope in accordance with the provisions of the Interconnection and Water Purchase/Sale Agreement, a copy of which is attached to this Resolution as Appendix A ; and WHEREAS the Utilities Board of the City of Daphne agrees to the terms , provisions , and conditions contained in the proposed Interconnection and Water Purchase/Sale Agreement, a copy of wh ich is attached to this Resolution as Appendix A ; NOW THEREFORE, BE IT RESOLVED , by the Utilities Board of the City of Daphne, that the said Agreement be executed on behalf of the Utilities Board of the City of Daphne by Selena Vaughn , its Chairwoman, after said Agreement has been signed by an authorized representative of the City of Fairhope . ADOPTED AND APPROVED BY THE BOARD OF DIRECTORS of the UTILITIES BOARD OF THE CITY OF DAPHNE, ALABAMA, this 25 th day of October , 2023. Lori May-Wilson J Executive Assistant/ Record ing Secretary Page 147 of 271 Appendix A DAPHNE ,.....,,., UTILITIES INTERCONNECTION AND WATER PURCHASE/SALE AGREEMENT This Interconnection and Water Purchase/Sale Agreement (hereinafter --Agreement ") for the sale and purchase of water is entered into as of the __ day of ________ , 2023 by and between the Utilities Board of the City of Daphne (hereinafter '·Daphne Utilities") and the City of Fairhope (hereinafter "Fairhope"'). WHEREAS , the City of Fairhope is a municipality that provides water service to users in and around the City of Fairhope, Alabama ; WHEREAS , Daphne Utilities is organized and established under the provisions of Ala. Code § 11-50-310 et seq . and owns and operates a water supply distribution system and supplies water service to users in and around the City of Daphne ; WHEREAS , by Resolution o. 2023-02 enacted on the --12.._ day of October , 2023 by Daphne Utilities, Daphne Utilities is authorized to interconnect its water system with Fairhope 's water system, to purchase from and to se ll water to Fairhope in accordance with the provisions of the said Resolution , which was approved, and the execution of this contract carrying out the said Resolution by the Chairman and attested by the Secretary was duly authorized ; and, WHEREAS , by Resolution No. _____ enacted on the __ day of _____ , 2023 by Fairhope, Fairhope is authorized to interconnect its water system with Daphne Utilities' water system, to sell to and to purchase water from Daphne Utilities in accordance with the provisions set fo11h in the said Resolution, which was approved, and the execution of this contract by the Mayor of Fairhope, and attested by the President of the City of Fairhope City Council was duly authorized. OW WHEREFORE, in consideration of the foregoing and the mutual agreement hereinafter et forth , the parties agree as follows: 1. Prior Agreements. This Agreement terminates, supersedes and replaces any other agreements regarding the interconnection of Daphne Utilities and Fairhope 's water systems and other agreements regarding the purchase of water from Daphne Utilities by Fairhope, if any. 2. Interconnection. Daphne Utilities and Fairhope have agreed that the point of interconnection between their water distribution systems will be located at 22486 Seacliff Drive , Fairhope , AL 36532 ("Point of Interconnection "). Daphne Utilities and Fairhope agree that the cost of constructing the Point oflnterconnection shall be shared equally, including the purchase and installation of interconnection equipment such as interconnection meters , valves and signal splitting equipment ("'Interconnection Equipment'·). The parties agree that each party shall bear the cost of, and be responsible for , designing building installing, maintaining , pem1itting , and operating their respective water systems on their respective sides of the Point oflnterconnection. Should the Point of Interconnection require future maintenance. re pair or upgrade , and provided that the needed maintenance , repair or upgrade is not a consequence of acts or omissions of the other party within their own water systems , the cost of such futur e maintenance , repair or upgrade shal I be shared equally. If the maintenance , repair or upgrade is the result of acts or omissions by one of the parties , that party shall be responsible for the cost of the maintenance, repair or upgrade. The pa11ies agree that both Page 1 of 4 Page 148 of 271 DAPHNE 'lllliiA~ UTILITIES parties shall work together in good faith to complete the Point oflnterconnection by October 1st , 2023. ei ther party is obligated hereund e r to provide any additional points of interconnection . 3. In v oicin g of Co t of Int e rc onn e ct io n. Any expenses that are borne equally by the parties he rein that are incu1Ted to third-parties shall be paid by one party and one-half of the cost shall be invo ic ed to the other party on a monthly basis. A ny expenses that are borne equally by the parties herein an d provided directly from one of the parties , shall be invoiced one-half to the other party , at the actual cost incurred by the providing party , on a monthly basis. The monthly invoicing shall include an itemization of the expenses and receipts , invoices or other evidence of the expenses incun-ed . 4. Inte rconnection Own e rship . Each party sha ll own an undivided one-half interest in the Interco nnect ion Equipment. 5. Pro v ision of Wate r. Daphne Utilities shall furnish to Fairhope at the Point of Interconnection during the term of this Agreement or any renewal of extension thereof potable treated water meeting applicable purity standards of EPA and ADEM in such quantity as may be required by Fairhope, to the extent that it can be reasonably provided by Daphne Utilitie under the circumstances that exist at the time. Daphne Utilities doe s not wruTant, guaranty or promise any given pressure, flow rate or quant ity of water provided here u nder. imilarly , Fairhope shall furnish to Daphne Utilities at the Point of In terconnection during the term of this Agreement or any renewa l of extension thereof, potable treated water meeting app licab le purity standards of EPA and ADEM in such quantity as may be requi red by Daphne Utilities, to the extent that it can be reasonably provided by Fairhope under the circumstances that exist at the time . Fairhope does not warrant. guaranty or promise any given pressure , flow rate or quantity of water provided hereunder. 6. N otic e to th e Oth er Pa rty. o water shall flow through the Point of Interconnection unless first requested by the part seeking the water and approved by the party providing water and such ap proval shall not be unreasonably withheld. 7. No Minimum A moun t of Wate r . There is no minimum amount of water that Fairhope must purchase from Daphne Utilities or that Daphne Utilities must purchase from Fairhope. 8 . Term of Agree m ent. This Agreement shall beg in on the date of execution and shall end five (5) years from the date of execution ; provided this Agreement may be extended by the mutual agreement of the parties for an additional five (5) year term . 9. Rate s and Pay m ent Date. Fairhope agrees to pay Daphne Utilities, not later than the I 0th day of each mon th , for water deli ered , at the then-existing inside city limit commercial rate it bills its c ustomers. Similarly. Daphne Utilities agrees to pay Fairhope. not later than the 10 th day of each mo n th , for water de livered , at the then-existing inside city limit commercial ra te Daphne Utilities bills it s custo mers. 10. C onn ection Fees. Fairhope is not required to pay any further connection fees for the Point of Interconnection. Similarly, Daphne Utilities is not required to pay any further connection fees for the Point of Interconnection. Page 2 of 4 Page 149 of 271 DAPHNE ~tit# UTILITIES 11. Cost of Additional Water Pressure. If a greater water pressure than then-available at the Point oflnterco1mection during norm a l operations is required by either party during the provision of water, the cost of providing such greater pressure shall be borne by the receiving pa11y. 12. Provision of Water During Emergencies. Emergency fa ilures of pressure or supply due to main supply line breaks , power fai l ures , flood , fire a nd use of water to fight fire, earthquake , hurricanes or other catastrophe sha ll exc use eit her party fro m providing water to the other, for such reasonable period of time as may be necessary to restore se rvice . 13. Water Service Billing Procedures. Net flow of water through the meter(s) at the Point of Inte rconnection shall be measured at the end of eac h month by Daphne Uti liti es. Daphne Utilities agrees to furnish to Fairhope no later than the I 0th day of each month , with an itemized statement for the net amount of water furnished to Fairhope during the previous month , when the net amount of water is provided by Daphne U tilities. Similarly , Fairhope agrees to furnish to Daphne Utilities no later than the 10th day of each month , with an it emized tatement for the net amount of water furnished to Daphne Utilities during the previous month , when water the net amount of water is provided by Fairhope. 14. Calibration. Daphne Utilities shall be responsible for calibrating any meters at the Point oflnterconnection as often as Daphne Utilities deems it necessary. A meter registering not more than two percent (2%) above or below the test result shall be deemed accurate. lf a meter is foun d to be incorrect , the parties agree to correct no more than the three (3) pre ious invoices for the provision of water. 15 . Access. Fairhope and Daphne Uti lities shall both ha ve access at all reasonable times to the Point oflnterconnection for the purposes of reading the meters and inspecting the In terconnection Equipment. Should e ither party determine that Interconnection Equipment is in need for repair, maintenance or replacement. that party shall promptly provide notice to the oth er party. 16. Regulatory Agencies. This Agreement is subject to such rules , regulations , or laws as may be ap pli cable to similar agreements in thi State and Daphne Utilities and Fairhope will collaborate in obtaining any needed pe1mits. certificates or the like as may be required to comply herewith. 17. Indemnification. Eac h patty shal l indemnify and hold harmless the other party from all claims arising out of, or related to , the perso nal injury of its own e mployees arising out of, or related to , the construction, operation , maintenance, repair, inspection, or use of the Interconnection Eq u ipment or at th e Interconnection Point. Furthermore. each party shall in d em nify and hold ham1less the other party from all claims arising out or. or related to the acts, omissions, negligence , recklessness, wantonness , gross negligence and in tentional co ndu ct of the indemnifying party , its age nts , representatives and employees. 18. Non-exclusivity. No thin g within this Agreemen t shall prevent or pr elude either party hereto from procuring or purchasing water from a ny other so ur ce , or providing water to any other customers or water systems. Page 3 of4 Page 150 of 271 !\!\!\ ... DAPHNE C6AI UTILITIES WATER • NATURAL GAS SEWEii 19. Attorneys ' Fees. S hould ei ther party ins tit ute any legal ac ti on against th e other in any way re la ted to th is Agreement, the parties agree th a t the preva il ing par ty s ha ll be en t it led to reasonable at torneys ' fees , cos ts and expenses in bringing or defending t he lega l ac t ion, inc luding expenses of any experts . 20 . Entire A g reement. T h is wri tt e n Ag reeme nt const itu tes th e ent ire agree m ent and un der s ta nding of the parti es with respec t to the subjec t hereof and supersedes a ll prior agreements and un de r s ta ndings relat ing to th e subject ma tt er he reof There are no agreements, unders tandings , wa r ra nt ies or representati ons be t ween or amo ng t he parties hereto o t her than t hose set forth herein or provided for herein. Nei th er party has relied upon any ora l agreement or representations not set fo11h he rei n, in the exec ut ion o f t his Agreement. Daphne U tilities : Th e Utilities Board of the City of Daphn e ( I3 y: e lena Va ug hn It s: C hairwo m a n oft Fairhope: City of Fairhope: By: She rr y S ulliva n Its: Mayo r of Fair hope Page 4 of 4 A ttested to by : By: Lisa A. Ha nks, MMC Its: C it y Clerk of Fa ir hope Page 151 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Assistant Superintendent of Water/Wastewater, Tim Manuel, is requesting approval for the procurement of CARUS 8700 Corrosion Inhibitor. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To approve this procurement of CARUS 8700 Corrosion Inhibitor for a not-to-exceed budgeted amount of $175,000.00. BACKGROUND INFORMATION: Alberty and Blakeney LLC is the sole source distributor of CARUS 8700 water treatment chemical for Fairhope. Attached is the quoted pricing from Alberty & Blakeney LLC reflecting the price per pound of One Dollar and Forty-Four Cents ($1.44) on November 14, 2023 and valid until December 31, 2024. The estimated usage for the fiscal year is 120,000 lbs. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 53011 Water-Chemicals (Water Treatment) $175,000.00 $175,000.00 ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Page 152 of 271 Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 153 of 271 RESOLUTION NO. --- BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as fo ll ows: [1] That the C ity of Fairhope approves the Procurement of a CAR US 8700 Corrosion Inhibitor Water Treatment Chemical as the Sole Source Procurement from distributor Alb erty & Blakeney LLC for the not-to-exceed amount of $175 ,000.00 ; and authorizes procurement based on the option allowed by the Code of Alabama 1975 , Section 41-16-51(13): "Contractual serv ices and purchases of commodities for which there is only one vendor or supp li er and contractual services and purchases of personal property which by their very nature are impossible to award by competitive bidding." ADOPTED ON THIS 27TH DAY OF NOVEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Corey Martin , Council President Page 154 of 271 City of Fairhope Project Funding Request COF Pro ject No . Issuing Date ---'-1-"1/"'1-'-6~/2~0=2-'-3 __ Please return this Routing Sheet to Treasurer by Project Name . Aoo rove the Procurement of CAR US 8700 Corrosion Inhib itor for Water Department Project Location -'-W-'-a"-t"'e'--r ___________________________ _ Presented to City Council • __ 1'--1-'-/"-27~/=2-'-02"-3'--_ Funding Request Sponsor Tim Manuel, Water & Sewer Assistant Superintendent Daryl Morefield, Water & Sewer Superin tendent Pro ject Cash Req uirement Requested : Cost: $ 175 000 .00 Not-lo-uceed Amount Vendor: Alberty & Blakeney, LLC (Vendor #6164) Resolution # Approved _____ _ Changed _____ _ Project Engineer -'-n"-/a=------------------------------------------- Order Date ____ n/_a __ _ Lead Time ----"n'-'/a'---------- Department Funding This Project General Gas C Electric C Wate , Wastewater D Sanitation C Cap Project C Impact L Gas Tax Department of General Fund Providing the Funding Lands c-36L Admin -10 C Bldg-13 C Po lrce-1 5 C Frre-20 [j ECD-24 C Rec-2 5 C Civic-26 C Street-35 C Meter-19 Fleet-46 C Golf -SO Golf Grounos-55 0 Museum -27 C NonDeptFac-75 D Debt Service-BS C Manna•3◄ [_ Plan/Zone-12 C Adult Rec-30 Project will be Funding Source · Expensed XXX [Z' Operat ing Expenses XXX ~ Capitalized C Budgeted Capital C Inventoried r: Unfunded C: Expense Code · 004010-53011 Federal -not to ex cee d amount GIL Acct Name · Water -Chemicals (Water Treatment) State City Local Project Budgeted : $ 175 000 .00 Line 10 Balance Sheet Item-r Included in projected cas h flow Bond · Title Over (Under) budget amount $ Loan Title Approve the procurement of CARUS 8700 water treatment chemical from sole •source provider Alberty & Blakeney , LLC, for the noHo~xceed amount of $175,000 .00 (base d on FY24 estimated usage). Capi ta l Lease Payment City Council Prior Approval /Date? Senior Accountant City Treasurer Mayor Purchas in g Memo Date ___ 1'--1~/~14~/=2=02=3'---- Requ~v•d Date : im 4~ C-J 2399 ASAP Fed Grant IT -16 L HR -17C Year Year Term Page 155 of 271 Sherry Sullivan Mayor Council Members : Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech Treasurer 161 North Section St . PO Drawer 429 Fairhope, AL 36533 251 -928 -2136 (p) 251 -928 -6776 (f) www.fairhopeal.gov MEMO To : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer From : Date: Re : Erin Wolfe , Purchasing Manager November 15 , 2023 Green Sheet and City Council Approval for the Purchase of CARUS 8700 Corrosion Inhibitor The Assistant Superintendent of WaterM/astewater , Tim Manuel , is requesting approval for the procurement of CARUS 8700 Corrosion Inhibitor Alberty and Blakeney LLC is the sole source distributor of CARUS 8700 water treatment chemical for Fairhope. Attached is the quoted pricing from Alberty & Blakeney LLC reflecting the price per pound of One Dollar and Forty-Four Cents ($1 .44) on November 14 , 2023 and valid until December 31 , 2024 . The estimated usage for the fiscal year is 120 ,000 lbs . Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement of CARUS 8700 Corrosion Inhibitor for a not-to-exceed budgeted amount of $175,000.00. CC file , Tim Manuel , Daryl Morefield , Clint Steadham Page 156 of 271 November 14, 2023 Mr. Clint Steadham P.O . Box 429 Fairhope, AL 36533 Dear Mr. Steadham: ALBERTY~ BLAKENEY .LLC --- C ONFID ENTIAL We are pleased to provide you with our price quote for the CAR US 8700 (blended orthophosphate & polyphosphate) chemical s for the City of Fair hope -Water Department. Back on November 15 , 2022 , we provided The City of Fairhope with a price quote for the CARUS 8700 product at 1.44/pound. Our goal was to hold this price until March 2023. Actual ly, we held our pricing at $ 1.44/pound until now . Of course , we 've absorbed price increases on trus product & freight during this period . CAR US had a $0 . I 0/pound price increase in 2023 , and we experienced a price increase on freight of $0.08/pound over the past 12 months . We provide trus product at a "Delivered Price" to FAIRHOPE. We did not pass on these price increases to FAIRHOPE . Cumulatively , this was a $0 .18 /pound price increase that we have not passed on to FAIRHOPE . Obviou sly, th ese price increases have impacted our bottom line , and we must now adjust our price to FAIRHOPE effective December 1, 2023 . We will hold trus new pricing until December 31 , 2024 , unless there is a significant change in the market conditions and CAR US implements a price increase. Currently, there is no forecast for a price increase in 2024 . If there is a need for a price adjustment prior to December 31 , 2024 , then we will prov ide 30-days ' written notice and a pricing adjustment letter from CARUS for justification purposes . As you are aware , North America has experienced unprecedented inflation in all facets of our economy over the past 3 years . Trus inflation is a result of many factors of which have been we ll documented (i .e., COVID , major reductions of exports from Chjna, Russians invasion of Ukraine, increased energy costs, supply chain issues/shortages, increased transportation costs , increased packaging costs , increased manufacturing costs , etc.). We 've experienced price increases on every product & raw material we purchase . Additionally , the manufacturers are now charging "surcharges " due to increased costs of raw material s, freight , logistics and energy . These "surcharges" are becoming common in our industry because of the rapid changes in raw material & transportation costs . Actually , it is amazing that we 've been able to maintain our price to FAIRHOPE throughout 2023 considering the significant inflation in our economy . CARUS supported us by minimizing these price increases throughout 2023 . We feel blessed that we have a dependab le source in CARUS for these high-quality water treatment cherrucals made in the USA. Product October I , 2022 Delivered Price December l , 2023 Delivered Price CARUS 8700 $1.44/pound $1.62 /pound ($4 ,475.52/tote) ($5,034 .96/tote) A tote of CAR US 8700 weighs 3, I 08-pounds so the current price is $5 ,034 .96/TOTE or 20 , 139.84/4 TOTES . Page 157 of 271 November 14, 2023 Water Department -City of Fairhope Page 2 Compared to many other chemicals we sell, these price increases from CARUS have been very modest. This price increase was 12.5% which is well below the industry average right now . We are seeing price increases up to 50 % on some specialty chemicals used in potable water treatment. Attached please find the letter from CARUS stating that Alberty & Blakeney, LLC is the only Authorized Distributor of the CAR US 8700 product to the City of Fairhope. The CARUS 8700 is a specialty chemical composed of 85% orthophosphate & 15% polyphosphate with a total phosphate content of 33 %. The purpose of this product is to provide corrosion inhibition and sequester iron & manganese throughout the distribution system . Alberty & Blakeney, LLC will continue to provide corrosion coupons & analytical reports for FAIRHOPE at no additional cost. The costs for these corrosion coupons and laboratory testing are approximately $5,000/year. Keep in mind, this was a cost for FAIRHOPE prior to Alberty & Blakeney, LLC providing the CAR US specialty water treatment chemicals . Additionally, the CARUS Technical Team along with A lberty & Blakeney, LLC were very helpful in the evaluation of the FAIRHOPE water chemistry and recommendations to convert from a zinc-orthophosphate product to an ortho/polyphosphate product. The CARUS 8700 product is providing superior results , and this is critical with the upcoming changes to the US EPA Lead & Copper Rule in 2024 . Alberty & Blakeney , LLC is an industrial specialty chemical company located in Baton Rouge , LA. Our primary concern is the management of water treatment chemicals and services for boiler, cooling, process, potable, and wastewater system . We have over 75 years of experience in the water treatment industry . This experience, along with low overhead , has provided our customers with significant improvements in results and cost savings. Collectively , we save our customers over $2 ,000 ,000 per year when compared to previous water treatment programs from the national companies. Our customers are located in south Louisiana, Mississippi, Alabama and Texas . A brief summary of our water treatment applications is provided below . We provide water treatment chemicals & engineering support for Potable Water Systems totaling over 130,000 ,000 gallons/day . Obviou ly , this covers many cities and communities . For instance, we have been providing water treatment chemicals & services to the city of Baton Rouge for the past 23 years . The Baton Rouge Water Company produces on average 60 ,000 ,000 GPD of potable water. The BRWC ground water (wells) is similar to your water chemistry in that it requires corrosion inhibition and sequestering. We treat numerous potable water systems that require corrosion control as well as sequestering of iron and manganese . Alberty & Blakeney , LLC will meet or exceed all of The City of Fairhope 's specifications & requirements . The CAR US 8700 is manufactured in the U .S .A and meets the required NSF/ ANSI Standard 60 Certification for Drinking Water Treatment Chemicals . All material will conform to all A WW A Specifications and meet American ational Standards In titute and National Sanitation Foundation ANSI/NSF. We are an authorized distributor for CARUS Corporation ; therefore , we have full access to their technical support & laboratory services. We can pro vide quarterly water sampling and analysis at no additional charge. CARUS Corporation is the leading U .S . upplier of phosphate-based corrosion inhibitors & sequestering agent 's programs for drinking water utilities . In summary , we will continue to work closely with your Water Department Team to meet their goal s for providing the best potable water to their customers . We appreciate your business and will continue to work diligently to exceed your expectations . Page 158 of 271 November 14, 2023 Water Department-City of Fairhope Page 3 We appreciate your business and the opportunity to serve you & the CITY OF FAIRHOPE! Sincerely, ALBERTY & BLAKENEY, LLC Fred L. Blakeney, Jr . President cc : Mr. Bryan Adams Mr . Curtis Cooper Mr. Tim Manuel Mr. Daryl Morefield Page 159 of 271 November 14 , 2023 DISTRIBUTOR AUTHORIZATION CERTIFICATION Carus LLC certifies that Alberty and Blakeney LLC is the sole authorized distributor of CAR US™ 8700 water treatment chemical to the City of Fairhope. CARUS 8700 is certified by the National Sanitation Foundation (NSF) to ANSI/NSF Standard 60 : Drinking Water Treatment Chemical-Health Effects . Barbie Smith/Inside Sales Manager Can" 1.1.l J IS ritll1 S1n·d l'uu, II. 61JS-t X IS/2B-l~IIO I dq1h1111l' XI S /22-t-M,SS I· a, Page 160 of 271 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name : Timothy Manuel, Assistant Superintendent W & W Date : 11/14/2023 Department : Water and Wastewater Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Unde r $5 ,000 No restricti ons Not Requ ired N/A N/A Ut ilities $5 ,001 -$10,000 Op erati onal NON -Budgeted Thr ee Treasurer/Mayor N/A Greate r than : Op erationa l NON -Bud gete d Thr ee Council Reguired Gen Govt -$5,001 Utilities -$10,001 Gen Go vt -$5,001 -$30,000 Op erational Budgeted Th ree Treasurer N/A Ut ilities -$10 ,001 -$30,000 Over $30 ,000 Op erational Budget * State Bid Li st or Trea surer/Mayo r N/A Buy ing Group Ove r $30,000/$100,000 Ope rational Budgeted Bid s Council Reguired Profe ssional Service Over $5,000 Budg eted o r Non -Budgeted Mayo r Select Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Budgeted items that meet ar are under budget may be purchased with the Mayor ond/or Treasurer 's approval if they are an the State Bid list or from an approved buying group. Items that are over budget must ga ta Council far appro val and will require a green sheet and resolution . **Expenditure Threshold is o combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases . 1. 2. 3 . Vendor Name QUOTES $ $ $ Vendor Quote ----------------- Check any applicable boxes : D State Contract D ALDOT D Purchasing Group ~ Sole Source (Attach Sole Source Ju stification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Corrosion Inhibitor for water treatment . Carus 8700 Ortho/Po ly Pho sphat e Bl en d 2. What is the total cost of the item or service? $60 ,000 3. How many do you need? Per lb dependent on water use (40,000 lb) 4 . Item or Service Is: D New D Used D Replacement ~ Annual Request 5. Vendor Name (Lowest Quote): Alberty & Blakeney LLC 6 . Vendor Number: 6164 If you do not have a Vendor Number, please go to the City of Fairhope page : www.Fa irhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ~ Yes D No D Emergency Request 2. If budgeted, what is the budgeted amount? Well Che mi ca l Budget $350,000.00 estimated $175,000 depending on population growt h and weather 3 . Budget code: 004010-53011 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunninqham@FairhopeAL.gov. PUR -004 • 082522 Page 161 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Sherry Sullivan, Mayor SUBJECT: The Mayor, Sherry Sullivan, is requesting an amendment to the contract with Jackson Thornton Certified Public Accountants & Consultants for Professional Services to Evaluate Water and Sewer System Development Charges. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To amend the contract for RFQ PS24-001 Professional Services to Evaluate Water and Sewer System Development Charges and to execute a contract amendment with Jackson Thornton Certified Public Accountants & Consultants for an additional not-to- exceed amount of $15,000.00. BACKGROUND INFORMATION: Mayor Sullivan has selected Jackson Thornton Certified Public Accountants & Consultants to perform the professional services to determine the fairness of the existing capacity fees for the Water/Wastewater Utilities Services. Additional work and communication with the City and PFM Financial Advisors is proposed. The rates will be the following hourly fees: Ryan Shubird $280.00/hour Sarah Chandler $385.00/hour Jim Marshall $425.00/hour For an additional not-to-exceed cost of Fifteen Thousand Dollars ($15,000.00). This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3) Contracts for which competitive bidding not required, which states: “Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.” BUDGET IMPACT/FUNDING SOURCE: Page 162 of 271 Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 163 of 271 RESOLUTIO NO. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA: [ 1] That City Council approves the Contract Amendment for (RFQ PS24-001) to Jackson Thornton Certified Public Accountants & Consultants for Professional Services to Evaluate Water & Sewer System Development Charges for a not-to- exceed amount of $15 ,0000 .00 ; and authorizes Mayor Sherry Sullivan to execute the contract documents. ADOPTED ON THIS 27TH DAY OF NOVEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Corey Martin, Council President Page 164 of 271 Ci ty of Fairhope Project Fu nding Request CO F Project No. 2406 issuing Date ___ 1_1/_1_6/_2_0_2_3 __ Please return this Routing Shee t to Treasurer by : ___ A~S'-A'-P __ _ Pro1ect Name App1ove Con t rac t A me ndm ent for RFQ PS24 -00 1 to r Professional Services to Eval uate Wate r & Sewer System Developmen t Cha ra es Pro1ect Location . ..:W=at.:..:e"-r...:&::...::S..:e..:w'-e'-'r'--------------------------- Presented to City Council : __ 1'-1"-/=-27'-'/-=2..:0=-23"-- Funding Request Sponsor : Daryl Mo refield , Wate r & Sewer Superintendent Sherry Sullivan , Mayor ProJect Cash Requirement Requested : Co s t: _,_S ___ ..:1..:5-",0"0"0'-'.0"-0"--Not-to-Exceed Amount Resolution # : App rov ed _____ _ Changed _____ _ Rejected _____ _ NOIJ 16 '23 PM4:31 $ Vendor: Jackson Thornton Certifi ed Public Accountants & Consultants (Vend o r #55 4) ProJect Eng ineer: ..:n.::l.::a ____________________________________________ _ Order Date · ---~n'-'la'---Lead Time : ------'n"-/=-a ________ _ Department Fund i ng Th i s Project General ::..., Gas ,-Electric [., Ware , Waslewaler ' Sanitation C Cap Pro1ect C Impact C Gas Tax C" Fed Grant ~ Department of General Fun d Provi d i ng the Fund i ng Admin -10 Fleet-46 [ Bldg -13 C L Golf-SO C Pohce-15 0 Fire-20 D ECD-24 0 Rec-25 0 Civic-26 C Manne-34 C Street-35 C Meter-19 Golf Grounds-55 D Museum-27 Ci NonDeptFac-75 0 Debt Service-85 L Pla n/Zone-12 = Adult Rec-30 n Proiect w11I be Expensed Cap1tal1zed nventoned ____ x_x_x ___ 8 C Expense Code 004010 -50290 & 004020 -50290 Funding Source : Gil Acct rJame . Wat er & Waste Water -Profess ional Serv ices ProJect Budgeted . _$~ ___ 1_s~o'-o_o~.o_o_ Balance Sheet Item- Included in proJected cash flow [" -------- Overt Under/ budget omount _,_$ ______ _ I I 1 Approve the i:ontract amendment for RFQ P S24..Q01 Proressional Services to evaluate water an d sewer d1?,1aluprnent charges fo r t he not -to~xceed a mount of $15 ,000 .00 and auth orize th e Mayor to exl"Cute contract amendme nt. Operating Expenses ___ X_X_X ___ ~- Budgeted Capi tal _____ C Unfunded C _______ Federal -not to exceed amount State -------______ City ______ Local Bond · -------Loan : ______ _ Title Title Capital Le ase : ______ _ Payment Year -------_ ______ Year _______ Term IT-16 C HR-1 £ City Council Pnor Approval/Date? -10:0 9/23 Councjl Approved ~he Se lec tion of Jackson Tho rn to n for RF Q PS24•001 for Professiona l Services to Evaluate Water and Sewer Sy stern Deve lopment Charges and Authorize d Mayor to Execute Con tract Senior Accountant City Treasure r Mayor Purchas ing Memo Date 11/14/2023 Purchasing Memo Date · --~1 ~11_1~4~/2~□~2~3~-- Page 165 of 271 of fAifit;_ ~ u t!\ (flAaA~'h Sherry Sullivan Mayor Council Members : Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech Treasurer 61 North Section St . PO Box 429 Fairhope , AL 36533 251 -928 -2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: Erin Wolfe, Purchasing Manager Date: November 15, 2023 Re: RFQ PS24-001 Professional Services to Evaluate Water and Sewer System Development Charges -Contract Amendment The Mayor , Sherry Sullivan , is requesting an amendment to the contract with Jackson Thornton Certified Public Accountants & Consultants for Professional Services to Evaluate Water and Sewer System Development Charges. Mayor Sullivan has selected Jackson Thornton Certified Public Accountants & Consultants to perform the professional services to determine the fairness of the existing capacity fees for the Water/Wastewater Utilities Services . Additional work and communication with the City and PFM Financial Advisors is proposed . The rates will be the following hourly fees : Ryan Shubird $280 .00/hour Sarah Chandler $385 .00/hour Jim Marshall $425 .00/hou r For an additional not-to-exceed cost of Fifteen Thousand Dollars ($15 ,000 .00). This professional service is exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51 (a)(3) Contracts for which competitive bidding not required , which states : "Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individua ls possessing a high degree of professional skill where the personality of the individual plays a decisive part." Please place on the next available City Council Agenda this request for City Council to amend the contract for RFQ PS24 -001 Professional Services to Evaluate Water and Sewer System Development Charges and to execute a contract amendment with Jackson Thornton Certified Public Accountants & Consultants for an additional not-to-exceed amount of $15,000.00 . Cc : file , Daryl Morefield , Mayor Sherry Sullivan Page 166 of 271 City of Fairhope Contract Amendment RFQ PS24-001 Professional Services to Evaluate Water and Sewer System Development Charges This AMENDMENT OF CONTRACT ("AMENDMENT") is made this ___ day of _____ _, 2023 for the purpose of increasing the contract for RFQ PS24 -001 Professional Services to Evaluate Water and Sewer System Development Charges dated July 13 , 2023 ("Original Contract") between the City of Fairhope and Jackson Thornton Certified Public Accountants & Consultants (the "Parties "). 1 . The Original Contract , which is attached hereto as part of this Amendment is described below : The Original Contract was awarded for a not-to-exceed amount of Six Thousand Dollars ($6,000 .00). 2. The Parties agreed to amend the Original Contract to add additional meetings and communications with the City and PFM Financial Advisors for the not-to-exceed amount of Fifteen Thousand Dollars ($1S,000 .00). 3. Th at amendment binds and benefits both Partie s and any successors or assigns . This document, including the attached original contract, is the entire agreement between the Parties . All other terms and conditions of the Original Contract, remain unchanged . This contract will be increased Fifteen Thousand Dollars ($15,000.00). The total cost of the contract shall be not-to-exceed Twenty-One Thousand Dollars ($21 ,000 .00). IN WITNESS WHEREOF , the parties hereto have executed this Contract Amendment as of the day and year first above written . THE CITY OF FAIRHOPE , ALABAMA By: Sherry Sullivan, Mayor By : Lisa A. Hanks, MMC, City Clerk NOTARY FOR THE CITY I, the undersigned authority in and for sai d State and County, hereby certify that Sherry Sullivan as M ayor of the City of Fairhope whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day , being informe d of the contents of the document she executed the same voluntarily on the date of the same bears date . Given under my hand and Notary Seal on this ____ day of _____ ...., 2023 Notary Public ___________ _ My Commission Expires _______ _ Page 167 of 271 If Corporation, Partnership, or Joint Venture Name of Corporation, Partner shi p, or Joint Venture By :--------------- Signature of Officer Authorized to Sign Bids and Contracts for the Firm Email Address Business Mailing Address City, State, Zip Code General Contractor's License Number NOTARY STATE OF ____________ _ COUNTY OF __________ _ Position or Title Foreign Corporation Entity ID (Required of out-of-state vendors) I, the undersigned authority in and for said State and County, hereby certify that ________________ ,as __________________ _ Type or Pr int Name of Bid Signer Type or Print Bid Signer Title Respectively , of ______________________________ _ Type or Print Company Name Whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, being 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 _____ ~ 2023 . Notary Publ ic ___________ _ My Commission Expires _______ _ Page 168 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Hannah Noonan, Human Resources Director SUBJECT: Reclassify Existing Vacant Position AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: That the City Council approves and adopts the recommendations for the Water and Wastewater Department Restructuring and Reclassification as follows: Reclassify one (1) Wastewater Plant Operator II (Grade 7) to Wastewater Operator Trainee (Grade 4). BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 169 of 271 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendations for the Water and Wastewater Department Restructuring and Reclassification as follows: Reclassify one (1) Wastewater Plant Operator II (Grade 7) to Wastewater Operator Trainee (Grade 4). ADOPTED THIS 27TH DAY OF NOVEMBER, 2023 ______________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 170 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Richard Johnson, DIRECTOR OF PUBLIC WORKS SUBJECT: The Director of Public Works, Richard Johnson, has requested hiring a contractor to provide all material, equipment, labor and incidentals to reconstruct Kemper Lane, Davison Loop, and Vivian Loop including new gutter, sidewalks, driveways, and leveling/overlaying the roadways. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To award Bid No. 24-004-2024-PWI-005 Construction of ADA Compliant Sidewalks in Southland Place Subdivision for the not to exceed cost of $1,032,297.75. BACKGROUND INFORMATION: A service bid was issued on October 6, 2023, posted to the City of Fairhope’s website, and viewed by 155 of 419 vendors who select to receive e-notifications. Two (2) responsive bids were received at the bid opening on November 14, 2023 at 10:00 a.m. The Director of Public Works recommends the award be made Asphalt Services, Inc. Their low bid response price for the entire project was One Million Thirty-Two Thousand Two Hundred Ninety-Seven Dollars and Seventy-Five Cents ($1,032,297.75). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55887 ADA Compliance Project $1,518,292.00 $1,032,297.75 $485,994.25 GRANT: LEGAL IMPACT: Page 171 of 271 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 172 of 271 RESOLUTION NO. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [l] That the City of Fairhope did request , receive , and open bids to procure services for (Bid o. 24-004-2024-PWI-005) Construction of ADA Compliant Sidewalks in South land Place Subdivision 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 attach ed Bid Tabulation for Construction of ADA Compliant Sidewalks in Southland Place Subdivision [3] After evalu ating the bids with the required specifications , Asphalt Services, Inc . is now awarded (Bid o. 24-004-2024-PWI-005) for Construction of ADA Compliant Sidewalk s in Southland Place Subdivision with a bid proposal not-to-exceed 1,032 ,297.75. DULY ADOPTED TH IS 27TH DAY OF NOVEMBER, 2023 A tt est: Lisa A. Hanks, MMC City C lerk Corey Martin, Council President Page 173 of 271 City of Fai rhope Project Funding Request COF Project No . 2404 Issuing Date : ___ 1_1/_1_6_/2~0_2_3 __ Please return th is Routing Sheet to Treasurer by · ___ A_S_A_P __ Project Name · Aoorove Bid No. 24-004-2024-PWt-005 Award for Construction of ADA Comollant Sidewalks i n Southland Place Subdivision to Asphalt Services Inc . Proie ct Location : Southland Place Subdivision Presented to City Cou ncil : __ 1~1~/~27~/~2~0~2~3 __ Funding Request Sponsor · Richard Johnson Public Works Director George Ladd, Assistant Public Works Director Resolution # • App roved _____ _ Changed _____ _ Rejected _____ _ ProIect Cash Requirement Requested · Cost: $ 1,032 ,297 .75 Nol-to-Exceed Amount NOV 16'23 PH 4:31 ~ ------ Vendor: Asphalt Servics, Inc. (Vendor #3005) ProJect Engineer:_n_/a _________________________________________ _ Order Date ---~n/~a __ _ Lead Time . ___ n_/a ________ _ Department Funding This Project General C Gas C Electric D WateC Wastewater C Sanitation C Cap Project 0 Impact C Gas Tax C Fed Grant L Adm,n -10 Fle et-46 Department of General Fund Providing the Funding r= Bldg-13 L- C Golf-50 Expens ed Ca~1t al,z ed lnventoric>tj Pol,ce-15 C Fire-20 C! Go lf Grounds-55 D Museum -27 C ________ r:: XX X ~ ----~---[: Expen5e Co de : 103-55887 GIL Acct Name . ADA Compliance Project PmJect Budgeted $ Bala r.ce Sheet ltem- lncluaed in proJected cash flow 1,032 ,297 .75 Lines 10 & 20 -------- ECD -2 4 Ci Rec-25 C Civic-26 C Marina-34 C Street-35 C Meter-19 C Plan/Zone -12 C Adult Rec-3 0 C NonDep!Fac-75 D Debt Serv,ce-85 C Fund in g Source Operating Expenses ______ r:. Budgeted Cap ital XXX ~ Unfunded======-~----_-_ -_L Bond : ______ Federal -not to exceed amount ______ State ______ City ______ Local ------Over (Under) budget amount.~$ ______ _ Loan . _____ _ Title Title _______ Year _______ Year P..ppro ve t he :11ward of Bid No. 24-004-2024-PWl--005 Construction of ADA Compliant Sidewalks in Southlar,d Place Subdivision to Asphalt Services, Inc . for the not-tO ◄Jlceed amount of $1 ,032,297 .75 . Ci ty Council Prior Aoproval/Date? Senior Accountant City Treasurer Cap ital Lease : _____ _ Payment ------- Mayor Purc hHs,ng Memo ~ate . 11 /1 412023 Purchasing Memo Date : ___ 1_1_1~14_1~2~02~3~--Delivered To Date __ 1_111612023 11 11612023 Pub Term IT-16 ~ HR -17C. Page 174 of 271 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell , ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech City Treasurer 161 North Section St. PO Drawer 429 Fairhope , AL 36533 251-928 -2136 (p) 251-928-6776 (f) www.fairhopeal.gov MEMO To : From: Suzanne Doughty, Senior Accountant Kimberly Creech, City Treasurer Erin Wolfe, Purchasing Manager Date : November 15 , 2023 Re: Requesting Green Sheet and Approval by City Council to award Bid No. 24- 004-2024-PWl-005 Construction of ADA Compliant Sidewalks in Southland Place Subdivision The Director of Public Works , Richard Johnson , has requested hiring a contractor to provide all material , equipment, labor and incidentals to reconstruct Kemper Lane , Davison Loop , and Vivian Loop including new gutter , sidewalks , driveways, and leveling/overlaying the roadways . A service bid was issued on October 6 , 2023 , posted to the City of Fairhope's website , and viewed by 155 of 419 vendors who select to receive e-notifications . Two (2) responsive bids were received at the bid opening on November 14 , 2023 at 10 :00 a.m. The Director of Public Works recommends the award be made Asphalt Services, Inc. Their low bid response price for the entire project was One Million Thirty-Two Thousand Two Hundred Ninety-Seven Dollars and Seventy-Five Cents ($1 ,032 ,297 .75). Please prepare a Green Sheet and place on the next City Council Agenda this request to award Bid No. 24-004-2024-PWl-005 Construction of ADA Compliant Sidewalks in Southland Place Subdivision for the not to exceed cost of $1,032,297.75. Enclosure Cc: Richard Johnson , George Ladd, Clint Steadham Page 175 of 271 BID TABU LATION City of Fairhope, A labama Nove m ber 15th, 20 23 -10:00 A .M . Bid No. 24-004-2024-PWl-005 !Asphalt Services, LLC Chris Brewer Contracting , lne. Construction of ADA Compliant Sidewalks in Southland Place Subdivision 11045O1dHighway 31 P .0 . Box 70211 Spar-.sh Fort. AL 36527 Mobikl Al 36607 Pav Item Item De.scr iotion I Unit I Ouantitv UnitPrk::e Extension Unit Pree , .... 206C-OOO REMOVING CONCRETE SIDEWALK SQUARE 2123 $ 25 30 $ 53,711 90 $ 2000 $ YARD 206C-010 REMOVlNG CONCRETE DRIVEWAY SQUARE 1160 $ 28 75 $ 33,350 00 $ 2000 $ YARD 206().005 REMOVING GUTTER LNEAR 4210 $ 17 25 $ 72 622 50 s 25 00 s FEET 209A-000 MALBOX RESET, SINGLE EACH 15 s 316 75 $ 4,751 25 $ 500 00 S 209A-001 MAILBOX RESET, DOUBLE EACH 12 s 373 75 $ 4 485 00 $ 750 00 S 209A-002 MAI.BOX RESET, MULTIPLE EACH • s 575 00 S 2,300 00 $ 1,00000 s 210A-OOO UNCLASSIFIED EXCAVATION CUBIC 968 $ 18 40 s 17,811 20 $ 1650 S YARD 2100-022 BORROW EXCAVATION (LOOSE TRUCKBED CUBIC 604 $ 3350 S 20,234 00 $ 2000 $ MEASUREMENT) (A-2 .. (0) OR A-4(0)) YARD •OSA-000 TACK COAT GALLONS 568 s 1000 $ 5,680 00 $ 1500 $ SUPERPAVE BITUMINOUS CONCRETE WEARING 424A-360 SURFACE LAYER , 1/2" MAXIMUM AGGREGATE SIZE TONS 319 $ 15680 s 50,019 20 s 17500 S MIX. ESAL RANGE CJD SUPERPAVE BITUMINOUS CONCRETE UPPER 4248-659 BINDER LAYER , LEVELING, 1 MAXIMUM TONS 760 $ 1•9 25 S 113,'30 00 s 175 00 S AGGREGATE SIZE MIX, ESAL RANGE CIO ◄308-040 AGGREGATE SURFACING (CRUSHED AGGREGATE TONS 1010 $ 4800 $ 48,.11 8000 s 7500 s BASE , TYPE 8) 600A-000 MOBILIZATION LUMP 1 $ 71 ,602 70 s 71 ,602 70 $ 100,000 00 s SUM 618A-001 CONCRETE SIDEWALK. 6'' THICK SQUARE 2130 s 8315 S 177,109 50 $ 9000 $ YARD 6188-002 CONCRETE DRIVEWAY, 6" THICK SQUARE 1200 $ 8315 $ 99.780 00 S 9000 s YARD 621C.162 INLETS TYPE S (PARTIAL) EACH 5 s 3,375 00 $ 16,875 00 $ 2,000 00 s 622A-OOO MANHOLE COVERS RESET EACH 5 $ 948 00 $ 4,74000 $ 2.00000 $ 623A-001 CONCRETE GUTTER (VALLEY) LINE.AA 3900 $ 44 00 $ 171 ,600 00 $ 3500 $ FEET 6415•500 VALVE BOX RESET EACH 9 $ 374 00 $ 3,366 00 s 1,000 00 $ 650A-000 TOPSOL CUBtC 195 $ 2500 $ 4,875 00 $ 25 00 S YARD 654A-000 SOUOSOOONG SQUARE 1760 $ 8 00 s 14,08000 $ 1000 s YARD 665.>-002 SILTFENCE LNEAR 3050 $ 6 00 $ 18,30000 $ 5 00 $ FEET 6650-001 SILT FENCE REMOVAL LINE.AA 3050 s 125 s 3,812 50 s 2 SO $ FEET 66SP-OOS INLET PROTECTION, STAGE 3 OR 4 EACH 8 $ 795 00 s 6,36000 s 35000 s 680A-001 GEOMETRIC CONTROLS LUMP 1 s 2 .20000 S 2,20000 s 10,000 00 s SUM 703A-000 TRAFFIC CONTROL MARKINGS, CLASS 1, TYPE A SQUARE 480 s 1000 s 4,800 00 s 1000 $ FEET 711A-000 RONJWAY SIGN RELOCATION LUMP 1 $ 500 00 s 50000 s 1,500 00 $ SUM 74()8..000 CONSTRUCTION SIGNS SOUAAE 128 $ 1'00 s 1,79200 $ 2000 $ FEET 7<0-0E-000 CONES (36 NCHES HIGH) EACH 30 $ 2500 S 750 00 S 1500 s 74QF.002 BARRICADES, TYPE 111 EACH • s 450 00 S 1,800 00 s 500 00 S 7<00G-000 BARRICADES, TYPE I, (PORTABLE , 24 NCHES EACH 7 s 150 00 S 1,05000 $ 30000 $ WIDE) 74QM.001 BALLAST FOR CONE EACH 30 $ 1 00 $ 3000 S 1500 s IIAIE Ill: $ 1,032,297.75 s I oenly 1h15 15 a ~~UJ,I tlt:fsl~i/oJ bids reoe,-,ed al 10 00 AM . Local Time November 14Ih, 2023 . lor Bid No 2•--004-2021 -PWl-005 c .... 1ructoon '.\~ ~"8~ 4' ~""'"' Place SlbdNSx,n Extension 42,460 00 23,200 00 105,250 00 7,500 00 9,000 00 4,000 00 1s,snoo 12,080 00 8,52000 55 ,825 00 133,000 00 75,750 00 100,00000 191 ,70000 108,000 00 10,00000 10,00000 136,50000 9,000 00 4,875 00 17,600 00 15,250 00 7,62500 2,800 00 10,00000 4,800 00 1,500 00 2,560 00 •5000 2,00000 2,100 00 45000 1,129,767 .00 ,,, ~ • • •• ••• ✓... 1•1 ~ •·<ce.Nsi;;•.. ~ 111 NEEL-SCHAFFER ... "-•" \,. •• ~ -~ Solutions you c•n bulld upon . . Page 176 of 271 1,L ~ o em ber 15, 2023 -NEEL-SCHAFFER Mr. Richard Johnson, P .E. Publi c Works Direc tor City of Fairhope 555 So uth Section Street Fairhope, A labama 36533 REF: Bid No. 24-004-2024-PWI-005 Construction of ADA Compliant Sidewalks in Southland Place Subdivision Award Recommendation Dear Mr . Johnson: As you are aware, two bid s were received on th e proj ect and includ ed Asp halt Services, LLC and Chris Brewer Contract in g, In c. The bid cont ained a bid bond , Power of Attorney to bid bond , and th ey completed the Contractor In formation page . The calcuJated bids were as fo llow s : Bidder Total Bid As halt Services , LLC $1,032,297.75 Chris Brewer Contracting, In c. $1 ,129 ,767 .00 We have rev iewed th e unit prices submitted by the bidd ers for unbalan ced biddin g . All th e unit pri ces appear to be in order. Therefore , we re co mm end acceptance of th e bid from Asphalt ervices , LLC in the amount of $1 ,032 ,297.75 . If y ou have any questions , please call m e at (25 1) 545-1219 . We appreciate th e opport unity to have provided th ese serv ices . incerely , NEEL-SCHAFFER, IN C. _QQ_ o/ hane Bergin , P.E., PTOE, PTP, RSP1 Senior Proj ec t Manager P: 25 1.47 1.2000 I F: 251.471 .5997 5 Dauphin Street, Suite 200 Mobile, AL 36602 www .neel -sc haffe r .com ti u QJ -~ .c ~ ro QJ C. ro u V) "C C: .!!! V) ~ ·;:; C: QJ ·;:; V) 19 C: QJ E C: e ·;; C: QJ I:? 0 >, QJ > .... ::, V) V) .... QJ C: C: .!!! C. V) .... QJ QJ C: -~ C: QJ Page 177 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Richard Johnson, DIRECTOR OF PUBLIC WORKS SUBJECT: The City of Fairhope is requesting Baldwin County’s assistance in restriping roads within the City of Fairhope city limits to help with traffic safety. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To approve the Mayor to execute an intergovernmental agreement with Baldwin County for the restriping of roads within the City limits. BACKGROUND INFORMATION: The City of Fairhope is requesting Baldwin County’s assistance in restriping roads within the City of Fairhope city limits to help with traffic safety. The requested roads include: Thompson Hall from Fairhope Ave. to Twin Beech County Road 13 from Morphy to the southern end of City maintenance Manley Road from Greeno to County Road 13 Section Street from Bayou Drive to Oak Street The cost estimate would be Twenty-Six Thousand One Hundred Fourteen Dollars and Fifty-Eight Cents ($26,114.58). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001350- 50360 Streets-General Maintenance $26,114.58 $26,114.58 ($____) GRANT: LEGAL IMPACT: Page 178 of 271 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 179 of 271 RES OLUTIO N N O . __ _ BE IT RES OLVED BY THE GOVERNING BOD Y OF THE CITY OF FAIRHOPE , that Mayor Sherry Sullivan is hereb y authori zed to execute an Intergovernmental Service Agreement between the Baldwin County Commission and the City of Fairhope, Alabama for the Re striping of Ro ads wi thin the City Limits for an estimated amount of $26,114 .58. ADOPTED ON THIS 27TH DAY OF NOVEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Corey Martin , Council President Page 180 of 271 Issuing Date __ ..;.1..:;1/'-'1-=6:.:/2:.:0-=2-=3 __ City of Fairhope Project Funding Request COF Project No . Please return th is Routing Sheet to Treasurer by Project Name : Approve th e Mayor to Execute lnteraovernmental Aareement with Baldwin Countv Comm ission for the Restricinn of Roads Proiect Locatio n. Various Streets Resolution # : Presented to City Coun c il __ 1.:..1:.:./-=2'-7/-=2-=0-=2.=.3 __ Approved _____ _ Fund ing Request Sponsor · ..,S:.:h.:.:e:.:r.:..ry1.....::S:.:u:.:l:.:.llv'-a"'n""''-'M=a ... y-=o.:..r ______________________ _ Changed ______ _ Richard Johnson, Public Works Director George Ladd , Assistant Public Works Director Rejected _____ _ Proiect Cash Requ irement Requested : 2401 ASAP Cost: $ 26 114.58 (EstimateJ ___ NOV 16 '23 Pr-4:31 ~ General E Admin -10 Fleet-46 Proiect will be Vendor: Baldwin County Commission (Vendor #21701) Proiect Engineer: ~n.:.:/;::a ____________________________________________ _ Order Date ---~n.:../.:..a __ _ Department Fund ing This Project Gas C Electric 0 Wate Departmen t of General Fund Providing the Funding Bldg -13 L Golf-50 :::_ Expensed Cap1tali zea Inventoried Pol•ce-15 C Fire -20 C Golf Grounds-55 D Muse~m-2 7 C ____ x __ x_x ____ 2. ______ c _________ c Expense Code C01350-50360 GIL Acct Name Streets • General Maintenance Proiect Budgeted : $ Ba lance Sheet Item- Included in proJ ~cted ~as h flew 26,114.58 Line 10 C -------- Le ad Time · __ __,n.:.:i.=a ________ _ Wastewater C San it ation C Cap Project C Impact L' Gas Tax L ECD-24 C Rec-2 5 C Civic-26 [.. Manna-j4 W Street-35 r/ Me ter-19 C Plan/Zone-12 [. Adult Rec-30 '7 NonDep tFa c-75 D Debt Service-85 Fu nding Source · Operating Expe nses XXX G: Budgeted Capital -----'='--C Unfunded C _______ Federal -not to exceed amount ______ State ______ City _______ Local Fed Grant IT-16 C HR-17C.. Bond : _____ _ Title Title _ ______ Year Over (Ur.der) budget amount :-'-$ ______ _ App,o've the Mayor to execute an int erg overnmental agreement with B.1ldwin County for the stnping of roads within City limits for the estimated amount of $26 ,114.58. City Council Pr ior Approval/Dale? Senior Accountant City Treasurer Loan : ______ _ Capita l Lease : ______ _ Purchas111g Memo Date : --~1~1.:../1.:..4.:../-=2-=-0=23~-Pur<:hasing Memo Da te : ___ 1'-1"-l'-14:.:./.:2.=.02=3=---- Year ------- Payment Term ------- Mayor Page 181 of 271 Sherry Sullivan Mayor Council Members : Kevin G. Boone Jack Burrell , ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech City Treasurer 161 North Section St . PO Drawer 429 Fairhope , AL 36533 251-928 -2136 (p) 251-928-6776 (f) www.fairhopeal.gov MEMO To: Lisa Hanks, City Clerk Kimber ly Creech , City Treasurer From: Erin Wolfe, Purchasing Manager Date : November 14, 2023 Re : Requesting Approval by City Council for the Mayor to Execute an Intergovernmental Agreement with Baldwin County for the Restriping of Roads The City of Fairhope is requesting Baldwin County 's assistance in restriping roads within the City of Fairhope city limits to help with traffic safety . The requested roads include : Thompson Hall from Fairhope Ave . to Twin Beech County Road 13 from Morphy to the southern end of City maintenance Manley Road from Greeno to County Road 13 Section Street from Bayou Drive to Oak Street The cost estimate would be Twenty-Six Thousand One Hundred Fourteen Dollars and Fifty-Eight Cents ($26 ,114 .58). Please place on the next City Council Agenda this request to approve the Mayor to execute an intergovernmental agreement with Baldwin County for the restriping of roads within the City limits. Enclosure Cc: Sherry Sullivan, Richard John son , George Ladd , Clint Steadham Page 182 of 271 O~ fAI!ili. ,,0 u t1\ (flABA~~ Sherry Sullivan Mayor Council Members : Kevin G. Boone Jay Robinson Jack Burrell, ACMO Jimmy Conyers Corey Martin Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 161 North Section St . PO Drawer 429 Fairhope, AL 36533 251-928-2136 (p) 251-928-6776 (f) www.fairhopeal .gov July 25, 2023 Baldwin County Commissioners c/o Mr. Tyler Mitchell, P.E., Construction Manager 312 Courthouse Square, Suite 12 Bay Minette, Alabama 36507 (Via Email: tmitchell @ baldwincountyal.gov) RE: Striping Assistance Dear Baldwin County Commissioners, The City of Fairhope is requesting Baldwin County 's assistance in restriping roads within the City of Fairhope city limits to help with traffic safety. The City does not have adequate equipment or staff to complete this amount of striping without assistance . If the County is willing to complete this work for the City of Fairhope, the City will provide all the necessary materials . Please see the attached requests that include: Thompson Hall From Fairhope Ave. to Twin Beach ; County Road 13 from Morphy to the southern end of City maintenance; Manley Road from Greeno to County Rd 13 ; and Section Street from Bayou Drive to Oak Street. Thank you for your consideration and continued support and cooperation with the City of Fairhope . Sherry Sulli n Mayor City of Fairhope cc (via email): Richard Johnson , P.E ., City of Fairhope Public Works Director George Ladd , City of Fairhope Public Works Assistant Director Frank Lundy , P .E ., County Engineer Roger Rendleman , County Administrator Page 183 of 271 DATE 11/13/2023 REQUE STED BY: City of Fairhope LOCATION Fairhope Scope of Work: Stripe Manley Rd, Cr 13 S, Cr 13 N,Thompson Hall Rd Section St EQ# 11650 2022 Peterbilt 520 Flatbed Paint Truck EQ# 18803 2017 Superior Broom Total Paint (White) Paint (Yellow) Glass Beads-Type IV Glass Beads Type -I Total 24,552' total distance Hours Hours GAL GAL LBS LBS 360 360 5,040 3,600 76.28 31.17 $14 .25 $13 .75 $1.25 $0.62 $ $ $ $ $ 2,288.40 124.68 2,702.58 5,130.00 4,950.00 6,300.00 2,232.00 18,612.00 Page 184 of 271 REQUESTED ROAD STRIPING SCHEDULE STR EE T SEGMENT NAME FROM TO FEET MILE Striping Type (See Legend) Manley Road US HWY 98 Co unty Road 13 5280 1.00 Co unty Rd 13 End of City Limits Twm Beech Rd (South) (CR44) 3960 0.75 County Rd 13 Twin Beech Rd Morphy Ave 6336 (North) (C R44 ) 1.20 Thompson Hall Rd Twin Beech Rd (CR44) Fa irhope Ave 7920 1.50 Section Street Oak St Bayou Dr 1056 0.20 Tota ls 24552 4,65 STR IPING NOTES : 1. TEMPORARY TRAFFIC CONTROL IS A SUBSIDIARY OBLIGATION OF THE STR IPING UN IT COST . 2. ON TYPE C & D STRIPING THERE ARE SHORT SECTION OF DOUBLE YELLOW STR IPING -THESE QUANTITIES WILL BE PAID BY THE LINEAR FEET OF 5" SOLID YELLOW STRIPE 3. ONLY LINEAR STRIPING IS PROPOSED OR REQUESTED -THE CITY WILL BE RESPONSIBLE FOR ALL MARKINGS , CHEVRONS AND OTHER STRIPING DETAILS 4. QUANTITIES WILL BE FIELD VER IFIED PRIOR TO PAYMENT. 5. ALL SHOWN STRIPING SHALL BE CLASS 1H (High Build Paint ), TYPE A (ALDOT 701-A) 6. Class 1 H paint sha ll be placed at the rate of 34.3 gallons per mile for a 5 inch wide solid stripe except for the following circumstances . The rate of placement for permanenl applications shall be 40 .5 gallons per mi le for a 5 inch wide solid stripe on rough pavement su rfaces such as Open Graded Friction Course (OGFC) and mill ed surfaces . 7. Placement of Reflective Beads : Type 3 glass beads shall be placed on the Class 1H paint at a rate of 220 pounds per mile for a S inch solid wide strip e. Road St rip in g Details City of Fairhope , Public Wo rks Date : July 19, 2023 Drawn By : R .D . Johnson, PE Striping & Details Scale : N.T.S . Streets2023 Page 1 of 1 TYPE B TYPES TYPES TYPES TYPED \/\,HITE EDGE STRIP (Mij 2.00 1.50 2.40 3.00 0.40 9.30 DOUBLE YELLOW(Mij 1.00 0.75 1.20 1.50 0.00 4 .4 5 <1 NORMAL EDGE OF PAVEMENT E.P. ta (MAY VARV) LANE CURB SECTION 10' (MAY VARY) LANE NO CURS SOLID BROKEN 5" DOUBLE YELLOW STRIPE YELLOW(Mij YELLOW(Mij 0 0 TYPE A -DETAIL 0 0 0 0 5" \/\,HITE EDGE STR IPE 0 0 HI' (MAY VARY) LANE CURB SECTION 0.40 0.40 1r, (MAY VARV) LANE NO CURB S" DOUBLE YELLOW STRIPE TYPE B -DETA IL 0 .40 0.40 I 5" \/\,HITE EDGE STRIPE=::::-... I '"(W,YVARY)WECUOISECTION { 5" BROKEN YELLOW STRIPE< 10' (MAY \/ARV) LANE NO CURB 5" SOLID YELLOW STRIPE TYPE C -DETAIL I 5" \/\,HITE EDGE STRIPE=::::-... J 1'1 (MAY VARY) LANE NO CUR8 I 5" SOLID YELLOW STRIPE NOTE s• BROKEN YELLOW STRIPE BETWEEN MEDIANS TYPED -DETA IL Page 185 of 271 I Twin d.,..,.lrhl ' I TJin a J ,..~~ I I ~11.~.,..,.l,..h ·, 7 l l I I Ml \ t n Twin D- y n_ ( r 1 I'. I}{_ -RO A D STRIPING ,__ j I-- ~ -Locator Map -~ -~ - Manley Road Restriping ... --E [=:=J Parcels -..__ ~ -~ tt -0 From US HWY 98 to CR13 -~ -Road Centerlines --: Approx. 5,280 LF - 1 Mile ... - I -'--1 ~ n:s - <p Type B Road 0 -I - ~ --- F'i{ate £. J I ~ i I--- '---a;" - ! -~ T \ (") 7 ( ) j I 'I" a: □ I IG I'~ .,,~<S= d . ! ~ ... n:s I = C: 1W I I H "C -f------, [lJ-m \~ >-- _in_ <l. ~et r! - \~ ~ ~ r- Cl•11=1t Ct et I -~ ~ ~ :, a,'\ ~ -- ~ r------7 I I IA 11 1... 'iA ~ o 5 ~'--f ~ .... >----I c tock.will ~ '-----~ n:s ·- ( "C t:: ~ ;1 I l l l 1 II \~ '--<( w ~~ •w >---- :::-7 '--C >---- i ' / J J§~ ~ = ibrih~rtl I I ~n~•L 7__ -1 I I ... -J - - L-- e> C: !TT ~ ~ -Sil~~J I I l ,-::: C: i~~~ ~ e L •• I ~ 0 --:..3 114 ~ -C"'. <D $(l)Utblb.lnr1 / ~JI,~ .. a; ~ ---< n:s -~ "" 0) .i::. '!' -I O I ~ ~iUJ~I ~ ~ --~ n:s ~ -I I/> -~ -· Cl) ... s lo vi 1111 1 11 ............ :c Cl) - I I D. -I -' LJ - (!• -- mHor1 ......... I. D, )n I ti IS lo - /! / I--- I I I~ ~r I I I I \)J I I 0 ~ I ' I en 0 M N ~ l~ -"" 0 150300 600 900 1,200 1.__l ,A ~ ,-_c_ ,Feet I 1 inch = 600 feet \ I I I I - I -Page 186 of 271 0 125250 500 750 1,000 -------Feet = 0 u ROAD STRIPING Locator Map C=:J Parcels --Road Centerlines County Road 13 Restriping 1----------t From South City Limits to CR44 Approx. 3,960 LF -0.75 Mile Type B Road 1 inch = 500 f et Page 187 of 271 County Road 13 Restriping From CR44 to Morphy Ave Approx . 6,336 LF -1.20 Mile Type B Road 1 inch = 660 feet 990 ~ ...-1 L_ ___ )----"O ~ ...-1 "O ~ 0 ~ ~ 0 ~ c = = 0 u c lb~~~~~~ = = 0 u Twin eec Locator Map C=:] Parcels --Road Centerlines Page 188 of 271 ROAD STRIPING Locator Map [==i Parcels County Road 13 Restriping .-----'-----i ■l~---r-__._----l From CR44 to Morphy Ave ,_____ __ ____,_,_ -I:!$ Approx . 7 ,920 LF - 1 .50 Mile Type B Road Page 189 of 271 Section Street Restriping From Oak St to Bayou Dr Approx . 1,056 LF -0.20 Mile Type D Road ~ CJ ... ::::, ~ u 1 inch = 200 feet 0 50 100 200 300 400 Feet ------ C: 0 :.:; CJ Cl) Cl) me ROAD STRIPING Locator Map c=]Parcels --Road Centerlines N Page 190 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Richard Johnson, DIRECTOR OF PUBLIC WORKS SUBJECT: The Director of the Public Works Department. Richard Johnson, is requesting the hiring of a professional engineer for RFQ PS24-006 Professional Engineering Services for New Sidewalks on Parker Road. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To approve negotiated not-to-exceed amount of $41,100.00 for this project and allow the Mayor to execute a contract with Overstreet & Associates, Consulting Engineers. BACKGROUND INFORMATION: Mayor Sullivan has selected Overstreet & Associates, Consulting Engineers for this project. The Scope of Work for the Engineering Firm will include: 1. Field Services – Topographic Survey $9,500.00 2. Pedestrian Signalization Design $3,400.00 3. Site Civil Engineering and Design Services $28,200.00 The negotiated not-to-exceed amount will be Forty-One Thousand One Hundred Dollars ($41,100.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55780 Parker Road- Capital Project $40,000.00 $41,100.00 ($1,100.00) GRANT: Eastern Shore MPO 80/20 Grant LEGAL IMPACT: Page 191 of 271 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 192 of 271 RESOLUTIO N 0. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, T hat Mayor Sherry Sullivan is hereby authorized to execute a contract w ith Overstreet & Associa tes Consulting Engineering for Professional Engineering Services for (RFQ PS24-006) for New Sidewalks on Parker Road with a not- to-exceed amount of $41 ,100 .00. DULY ADOPTED THIS 27TH DAY OF NOVEMBER, 2023 Attest: Lisa A . Hanks, MMC City Clerk Corey Martin , Council President Page 193 of 271 Issuing Date· ___ 1_1 /_1_6_/2_0_2_3 __ City of Fa irhop e Proj ect Funding Re q ues t COF Pro j ec t No. Please return this Routing Sheet to Treasurer by · Project Name : Approve the Procu rem en t of Profess iona l Enq lneerln q Services for RFQ PS24 -006 • Parke r Road Sldewals (D es l<1n Phase) Project Location : _P_a_r_k_e_r _R_o_a_d ___________________________ _ Presented to City Council 11 /27/2023 Funding Request Sponsor· Richard Johnson, Public Works Director George Ladd , Assistant Pub li c Works Dire c t or Proiect Cash Requirement Requ ested· Co st: $ 41100.00 Nol -l o-Excee d Am ount Vendor: Overs treet & Associates , PLLC (Vendor#7711) Resolution # • Approved ______ _ Changed _____ _ Rej ected _____ _ Proiect Engineer _n_/~a ____________________________________________ _ Order Date -----'n"-/a"-----Lead Time : ----'n"-/=-a ________ _ Depanment Funding Th is Project 2403 ASAP Genera l [. Gas L Electric C Wale Wastewater C Sanitation C Cap Project 0 Impact [ Gas Tax r Fed Grant Depanment of General Fu nd Providing the Fun d ing Bldg-13 Pohce-15 ;=: Fire-20 C Aom•n -10 Fleet-46 C Golf -SO '-Golf Grounds-55 D Museum -27 C ProJect will be Expen sed Capitalized lnventorted ________ c ____ x_x_x ___ '7 --------'- Expense Code : 103 -55780 GIL Acct Name · Parker Road -Capital Project Proiect Budgeted $ 40 ,000 .00 Line 20 Balance Sheet Item-C Included 1n projected cash flow ECD -2 4 C Rec-25 C c,vic-26 C Manna•34 C Street-35 C Meter-19 NonDeptFac-75 D Debi Service-85 C Plan/Zone -12 C Ad ult Rec-30 'J Funding Source· Operat in g Expenses C Budgeted Capita l ___ x_x_x--E: Unfunded C _______ Federa l-not to exceed amount State -------______ City Eastern Shore MPO (80 /20) Local Bond : _____ _ -------Year Over (Under) budget amount: $ 1100.00 Loan. ------ Title Title _______ Year Approve the procure ment of proressional eng ineering services fo r RFQ PS2 4 •006 for Pa rk er Road sidewalks de sign phase for the not-to~xce ed amount of $41 ,100.00 an d aut horize Ma yor to execute con trac t with Ove rstreet & Associate s. This is I capi tal proje ct part ially funded by an 80/20 ma tch grant fro m Eastern Sh ore Metrop oli tan Plan nin g Organiza tion for a tot al am ount of $4 0,000.00 (80•t. MP O = $3 2,000 and 20 1/. COF a: $8 ,000 .00 ). The $1 ,100 .00 In add itional costs w ill be the responsibility of COF , resulting in a tota l cos t to th e City for th e desig n ph ase being $9,100.00. City Council Prior App rov al/Date? 11 /28122 c,,y Co un cil Approved Ini tial Co ntrac t for RFO PS23-006 Sen ior Accou nt ant C it y Treasurer Capital Lea se: ______ _ Purchas ing Memo Date : ---'1-'1/"1'-4"-1"-20:c2:c3:c-_ Purchasing Memo Date . ___ 1~1~/-'14~/~2~0"-23:c-__ Payment _______ Term Mayor IT-1 6 L HR-1 7C Page 194 of 271 ~ ~; {flAaA.'mb Sherry Sullivan Mayor Council Members : Kevin G. Boone Jack Burrell, ACMO Jimmy Conye rs Corey Martin Jay Robinso n Lisa A. Hanks , MMC City Clerk Kimberly Cree ch Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To : From: Suzanne Doughty, Senior Accountant Kim Creech, Treasurer Erin Wolfe, Purchasing Manager Date: November 15, 2023 Re : RFQ PS24-006 Professional Engineering Services for New Sidewalks on Parker Road The Director of the Public Works Department. Richard Johnson , is requesting the hiring of a professional engineer fo r RFQ PS24-006 Professional Engineering Services for Ne w Sidewalks on Parker Road . Mayor Sullivan has selected Overstreet & Associates , Consulting Engineers for this project. The Scope of Work for the Engineer in g Firm will include : 1. Field Services -Topographic Surve y $9 ,500 .00 2. Pedestrian Signalization Design $3 ,400 .00 3. Site Civil Engineering and Design Services $28 ,200.00 The negotiated not-to -exceed amount will be Forty-One Thousand One Hundred Dollars ($41 ,100.00). Please place on the next available City Council Agenda this request for the City Council to approve negotiated not-to-exceed amount of $41,100 .00 for this project and allow the Mayor to execute a contract with Overstreet & Associates , Consulting Engineers. Cc : file , R ichard Johnson , George Ladd , Clint Steadham Page 195 of 271 OVERSTREET & ASSOCIATES CONSULTING ENGINEERS To: The City of Fairh ope , Alabama 161 N Section Street Fairhope , A labama 36532 November 15, 2023 Attn: Mr. Richard John son , P .E. -Publi c Works Director Cc: Jason Overstreet, P.E . file RE: City of Fairhope -Parker Road Sidewalks Overstreet & Associates Proposal N umber : M.2023.115 Mr. Johnson , overstreeteng.com 1026 Stanton Rd . Suite B Daphne, AL 36526 251.444.7150 In response to our conversations and correspondence , Overstreet & Associates is pleased to provide this proposal for the above-referenced project. It is convenient for engineering consultants to claim technical competency as their competitive advantage. However, our team's purpose is to enable the success of our c li ents. Our niche is adding value and enh a nc in g relationships . Supervision/Q uali ty Control: A ll parts of this project shall be performed under the direct supervision of a Licensed Professional Engineer in the State of A labama and sha ll be completed in accordance with the current requirements of the State of A labama Board of Registration for Professiona l Engineers and Land Surveyors Adminis trative Code. Project Description: The purpose of this project is to prov id e professional engineerin g and design services for a new 6-foot-wide sidewa lk on Parker Road in Fairhope , A labama. The new sidewa lk wi ll run west to east on Parker Road from Scen ic Highway 98 to the Eastern Shore Trail , just east of the U.S. 98 and Parker Rd intersection. The sidewa lk w ill e ith er be located on the north or south side of Parker Rd. The determination wi ll be made based on the topographic s urvey , engineering judgement, a nd constructability . Scope: Based on previous correspondence and o ur un derstanding of the project, Overstreet & Associates shall provide surveying and civi l engineering serv ices for the above referenced project. More specifica ll y , the Scope of Serv ices sh a ll include : • Fie ld Services o Topograph ic survey for either the north or south side of Parker Rd and the int ersection of Parker Rd at U .S. 98 (see Ex hibit C-Project Limits) Biloxi I Long Beach I Pascagou la I Daphne Page 196 of 271 Q\ FAIRHOPE -PARKER ROAD SIDEWALK Overstreet & Associates Proposal No .: M .2023 .115 • Signalization Engineering and Design o Pedestrian signal design and plans , including quantities and standard drawings , for the int ersec tion of .S. Highway 98 and Park er Road o Pedestrian signal timing s, as needed , for the new pedestrian pha se • Site Civil Engineering and Design o 60% Review Plan Set o l 00% IFC Construction Plan s o E ngineer 's Cost Es timate o Bid Phase Services • Pre-bid meeting • Bid ope ning , bid tab analysis , and letter of recommendation Deliverables: Deliverables shall include : • Topographic survey in electronic format (pdf and CAD) • S ignaliza ti on de s ign in e lectronic fo rmat (pdf and CAD) • Site civil engineering plans in electronic format (pdf and CAD) • Bid pha se documents in native format (i.e., .doc , .x is, .pdf, etc.) • Hard copies of the de li verables can be provided upon written request at the rates identified in Exh ibit B Ove rstree t & Associates will prep are and s ubmit th e require d plans and do cum entation bu t cannot guarantee approvals or p ermits. Exclusions: • Up dated signal timin gs for the whole intersection , o ther than those required to accommodate the new pede strian phase . • Stamped drawing s of the s ignal pole foundations to be provided by the contractor's engineer. • Geotechnical in ves tigation and report • Co nstruction administration and inspection • Cons truction stakeout • Surveyi n g and engineerin g serv ice s beyo nd the above referenced sco pe of work • Structural engineering • Traffic engineering Additional Alternate Services : • Topographic survey for th e outh si de of P arke r Rd (see Exhibit C -Project Limits) Budget: Overstreet & Associates estimates th e budget to co mplete th e above scope a follows: Parker Road Proposed Budget 1. Field Services -Topographic Survey 2 . Pedestrian Signalization Desig n 3. S it e C iv il En g in eeri ng and De s ign Services Parker Road Sidewalks Estimated Total Fee $9 ,500 $3 ,400 $28 ,200 $41,100 Page 217 Page 197 of 271 Q\ FAIRHOPE -PARKER ROAD SIDEWALK Overstreet & Assoc iate s Proposal No .: M .2023.115 Add Alternate Services Budget J. Topographic Surve y -North and South side of Parker Rd $14 ,000 (in addition to the north side -i.e., full right-of-way survey for Parker Rd and U.S . 98 @ Parker Rd intersection) Add Alternate Not-to-Exceed $14,000 Reimbursable Expenses 1. Printing and reproduction a. Letter , Legal , or Tabloid -Black and White b. Letter, Legal , or Tabloid -Color C. 24 "x36 " d. 30 "x42 " 2. Client requested meetings and/or inspections 3. Mileage (outside of Mobile or Baldwin County) 4. Out of town travel (outside of Mobile or Baldwin County) 5. 1Permit , submittal , or review fees 6. 2Subconsultants $0 .20 per page $0 .50 per page $2.00 per sheet $3.00 per sheet T &E per Exhibit B Current IRS rate Direct reimbursement Cost+ 20% Cost+ 20% 1 Permit fee s are not included in th e No t-l o-Ex ceed budge t. H owe ver, OA will p ay fo r applicat io n, review , an d/o r p erm it fee s if d irected in writin g by th e client. Th e cos t of such se rvices will be reflected on th e next in vo ice and w ill be on a cost + 20% ba sis. 2Jn th e eve nt sub cons ultanls are req uired fo r services as necessitated by th e proj ec t scop e or review ing agencies, th ey will be billed al cost + 20 % of th eir proposed fee . Sub co nsu ltan/s will no / be released to begin wo rk rece ipt of written authoriza ti on fro m th e Client 's authorized represe ntative . Overstreet & Associates will submit the preliminary site plan to the owner and architect for review and comment. Any comments received from the owner and/or architect will be implemented into the plan and re-submitted a s Revision B. Upon issuance of Revision B , the site plan will be cons idered final , and the basis of design moving forward . Any changes requested by the owner or architect must be received in writing , and will be billed on a Time and Expense basis per the schedule in Exhibit B . Unle s s specifically identified in the above scope of services, Overstreet and Associates does not propose having full-time or part-time representation on-site during the construction process . As such , we cannot guarantee compliance between the design plans and as-built conditions . Any as-built plans will be generated using contractor supplied information and third-party surveying services. Our estimated fees include all manpower, material , and all other items necessary to complete this project. Thi s proposed fee does not include cost for governmental reviews , submittal fees , applications and hearings, or title , easement, or deed research , other than specifically referenced above . Schedule: Based upon our current workload and project backlog, O&A is prepared to begin work within two weeks of receiving the Notice to Proceed . The anticipated duration of the above s cope of services is twelve weeks, and dependent on s ubconsultant availability, weather, latent conditions, and jurisdictional review times . The estimated commencement and duration are for informational purposes onl y. They should not be interpreted or considered as binding, or a condition of contract fulfillment. Project Cost: The Alabama Board of Registration for E ngineers and Land Survey ors Administrative Code, Chapter 330-X-14, Professional Conduct, Section 3 30-X-14-.05 , Paragraph E prohibits Land Page 3 1 7 Page 198 of 271 Q\ FAIRHOPE -PARKER ROAD SIDEWALK Overstreet & Asso ciate s Proposal No .: M .2023 .115 Surveyors and Engineers from participating in a competitive bid process. Please be advised: The price quoted herein is not to be considered a bid . Revisions to the above scope can be made at the client 's direction and will be reflected in the estimated fees . We have identified three elements that make Overstreet & Associates more than just an engineering consultant: • Our purpose is to enable your success . • We are devoted to the continuous improvement of our team. • We understand your business and reflect that in our scope of work. Overstreet & Associates has been empowering the success of our clients since opening our doors in 2018 . We take the time to build relationships with our clients and understand what success means to them. Our proven process for a successful project is to understand your business, establish expectations , and develop the scope. We then execute a project-specific plan , closely monitor, and adjust as the project progresses. Contractual Considerations: Overstreet & Associates will only engage in the activities identified in the scope of services. Overstreet & Associates wi ll not be involved in obtaining any permits , performing site inspections (other than those specifically included in this contract), preparing other surveys or plans, or any other activity not specifically set forth above. Once executed by the client, this letter (including Exhibits A and B) will be considered a binding contractual agreement between Overstreet & Associates and THE CITY OF FAIRHOPE to perform the above scope of services , and , in return, be compensated in the amount indicated above by THE CITY OF FAIRHOPE, or its authorized representative. If the above detailed scope and fee is agreeable, please sign and email the executed agreement to jay@overstreeteng.com . We appreciate your consideration of Overstreet & Associates for this project, and we look forward to working with you on this and future projects. If you have any questions or require additional information , please do not hesitate to call. Sincerely , Overstreet & Associates, PLLC OVERSTREET & ASSOCIATES CONSULll NG ENGINEE RS JAY BROUGHTON, PE VICE PRESIDENT OF ENGINEER I NG ALABAMA AREA MANAGER 0: 251.444 .7150 C: 251 .610 .8966 Biloxi I Long Beach I Pascagoula I Daphne overstreeteng.com Page 4j7 Page 199 of 271 Q\ Proposal Acceptance FAIRHOPE -PAR KER ROAD SIDEWALK Overstreet & Associates Prop o sa l No .: M.20 23 .1 1S To indi ca te acceptance o f thi s p ro p os al and initiate wo rk o n th e abo ve referen ce d p roj ec t, please s ig n be low and return th e co mpl ete d co p y to jay overstreete ng .com . By s ignin g be low th e C lient acknow led ges th at he/sh e h as rea d , understa nd s, and ta kes no ex cepti o n to, and agrees to be b ound by, thi s agree ment. P ro p osa l accepted by: C li ent Nam e/Co mp any: T itl e: C li en t S ignature: Thi s ________ d ay of th e month of __________ , 2 0 ___ _ Billing Information Billin g P o int of Co ntact : Billin g A ddress: Te lep ho ne N umb er : E mai l A ddress: Page 5j7 Page 200 of 271 EXHIBI T A GENERA L TERMS AND CON DITIO NS I . Relation s hip between OVE RSTREET AND ASSOCIATES, PLLC (Hereafter, "ENGINEER") and THE CITY OF FAIRHOPE, AL ABAMA (Herea fter, "Cl ient"). EN GINEE R shall serve as Cli en t 's profess ional engineerin g co n sultant in th ose phases o f th e Project to whi ch th is Profess ion a l Serv ices Agreeme nt ap pli es. E GINEER shal l not be co nsid ered to be th e emp loyee of th e Cli ent and shall a lways be co ns idered to be an independent co ntrac tor of th e C li ent. The re lati onship is th at of a buyer and se ll er of pro fessio nal services an d it is und erstood th at th e parti es have no t e nte red into an y j o int ve nture or partn ership . 2. Res pon sibility of the E G I NEER. ENGINEER w ill perfo rm services un de r thi s Ag ree ment in a manner co ns istent with th at st an dar d of care an d skill ordin ar ily exe rcise d by memb ers of th e professio n curre ntl y practi cin g in th e same loc ali ty und er simi lar con dition s . o oth er represe nt ati on , ex press o r impli ed, and no warranty o r g uaran tee is included o r in tend ed in thi s Ag reement o r in any re po rt , o pini on, docum e nt , o r oth erw ise . otwi th stan ding anyth in g to th e co ntrary whic h m ay be contai ned in th is Agree ment o r any oth er m ateri al in co rp o rated herein by refe rence, or in any ag ree ment between th e C li e nt an d any oth e r party co nce rnin g th e Proj ec t, th e ENGINEER shall not have co ntro l o f an d shall not be res pons ibl e fo r th e me an s, metho ds, tec hniqu es, se qu ences o r proce dures of con stru cti o n; o r th e safety, safe ty preca uti ons or programs o f th e C lient, the constructio n co ntr ac to r, oth er co ntractors or subcontrac tors p erforming any o f th e wo rk or pro v idin g any of th e se rvices on th e Project. No r sha ll th e ENGINEER be respo nsib le fo r th e acts or omiss ions of th e C li ent, or fo r th e fai lure of th e Cli ent, an y contracto r or s ub co ntr act o r, or any o th er eng in eer, ar chitect or consul tant not und er co ntract to th e ENGINEER to carry o ut the ir respecti ve res pons ibiliti es in acco rd ance with th e Proj ect d ocumen ts, thi s Agreeme nt o r any oth er agree ment co nce rning th e Project. To th e extent requ este d by Cli ent, ENGINEER ma y d etermine th e amo unt owin g th e co nstructi on co ntr ac tor an d reco mm end in writi ng payme nt s to th e co ntrac to r in such amo unts. By reco mmendin g an y pay me nt, th e ENGINEER will no t th ere by be deeme d to have re prese nt ed th at exha usti ve , co ntinu ous or deta il ed reviews or exam in ati ons have been made to check th e qu ality o r quan tity o f th e co ntrac to r 's wo rk an d ENGIN EER sha ll bear no li abil ity o r responsib ili ty for th e wo rk of th e contractor or its employees, age nt s, re presentati ves, o r sub con tracto rs. 3 . Res po n sibi lity of the Client. lien! shall provi de a ll crite ri a and fu ll info rm ati on as to re quire ments fo r the Proj ect, includ ing bud ge tary limit ati ons . C li e nt shall arran ge for ENGINEER to have a uth or izati o n to en ter upon pub li c an d private property and C li e nt sh all o btain al l necessary app rovals an d permits re quire d fr o m all gove rnm ental auth oriti es hav in g juri sd ict ion ove r th e Project. C li ent shall give pro m pt wr itt en no ti ce to ENGINEER whenever Clie nt o bserves or o th erwise becomes aware of any d eve lop ment th at a ffects th e sco pe or timing ofENGINEER 's 1 serv ices , or any defect o r nonconform an ce in th e wo rk or any co nstru cti on co ntrac to r. C lie nt shall ex amin e all doc um ent s presented by ENGINEER, o btain adv ice o f an att orn ey or o th er co ns ultan t as C lient dee ms appropria te fo r such examinatio ns and prov id e decis io ns pertaining th e reto within a reaso nab le tim e so as no t to d elay the serv ices of th e ENGINEER . 4. Des ig nation of A uth orized Repre se nt atives . Each party shall des ignate one o r more perso ns to ac t w ith autho ri ty on it s beha lf with respect to dec isio n m ak in g authority fo r th e Proj ect. The perso ns des ignated shall rev iew and respond pro mptl y to al l co mmuni cati o ns receive d fr om th e oth e r party . 5 . Ownership of Docum ent s. Drawin gs, sp ecifi cati o ns, re port s, an d an y oth er docum e nt s prep are d by ENGINEER in co nn ec ti o n wi th any or all of th e serv ices fu rni shed hereund er shall be th e property o f ENGINEER . ENGINEER sha ll have th e ri ght to reta in co pi es of all doc um e nt s and dr awin gs fo r its fi les . 6 . Reuse of Doc uments. A ll doc um ents, inc luding drawin gs an d spec ifi ca ti o ns furni shed by ENGINEER purs uant to thi s Agreement ("Engin ee r D ocuments "), are inte nd e d fo r use on tl1 e Proj ect onl y . C li ent ag rees Eng in ee r Docum ent s shou ld not be use d by Cli ent or othe rs on exten s ion s of th e Project o r on any oth er proj ect w ith o ut th e express writte n pern1i ss ion of ENGINEER. Any reuse, with o ut wr itt en ve rifi catio n or ada ptati on by ENGINEER , shal l be at Cli e nts ' so le ris k, an d C li ent shall ind emnify and ho ld harml ess ENGINEER from all claim s, damages, losses and expenses, in cludin g att o rn ey 's fees aris in g o ut of or res u ltin g fr om the un auth o rize d use o f E ng in ee r Doc um ent s . 7 . O pini on s of Cost. Sin ce th e ENGINEER has no co ntro l over th e cost of labor, materi a ls, eq ui pment o r se rvi ces furn is hed by th e contrac tor, or ove r co ntrac tor 's method s o f determining prices, or ove r co mp etiti ve bid d ing o r marke t co nditio ns, th e ENGINEER cannot and does not guar antee th at proposal s, bid s o r ac tu al co nstru cti on cos ts wi ll not vary from ENGINEER 's o pinio ns o r est im ates o f co nstru cti on cost. 8. Cha nges. Cl ient reserves th e right by writt e n change ord er or amendm ent to make changes in re qu ir ement s, amount of wo rk, or eng in ee rin g tim e sc hedul e adj ustm ents; and ENGINEER and Cli ent shall nego ti ate appropriate adj ustm ents in fee and/o r sc hedu le accep tabl e to both part ies to ac comm od ate an y change s an d A dditio nal Services as de fin ed in Sec ti o n 29 . 9 . De lays. lfthe ENG rN EE R 's services are de laye d by th e C lient, or fo r oth er reaso ns beyo nd ENGINEER 's co ntr o l, fo r more th an 180 d ays , th e fee prov id ed fo r in the Ag reement shal l be adj usted eq uitabl y . I 0 . S ubcontract s. E GINEER may s ubco ntr act porti o ns of it s serv ices, but eac h sub co ntracto r m ust be approve d by C li ent in wri tin g. Page 201 of 271 EXHIBIT A GENERA L TERM S AN D CONDITIONS 11. Suspen s ion of Services . C lient may , at any tim e, by wr itt e n o rd e r to NG INE ER, re quire ENGINEER to sto p all , or an y part, of th e serv ices required by thi s Agree me nt. U pon rece ipt of such ord er, E GINEER shall imm e di ate ly co mpl y with it s term s an d take all reaso na bl e st e ps to minimi ze th e occ urrence o f costs all oca bl e to th e serv ic es cove red by th e o rd er. Cli en t, however, shal l pay all co st s ass oci ated with suspens ion in cl udi ng all cos ts necessary to maintain co ntinui ty and th e staff required to res um e th e servi ce s up on ex pirati on o f th e s uspens io n o f wo rk o rd er. EN GINEER w ill not be obl iga ted to provi de th e sam e personn el employed prio r to suspens ion w hen th e se rv ices are resum ed in the event th e peri od of any suspensio n excee ds thi rty (30) days . Clie nt w ill re imburse ENGINEER for th e cos ts o f s uch su spe ns ion and remo biliza ti on . 12. Termination . T hi s Agree ment may be termin ated by e ith e r party upo n thirty (3 0) days ' written noti ce du e to fai lure by th e o th er party to pe rform in ac co rdan ce with th e tem1s o f th is Agreement throu gh no fault of th e te rmin atin g party . Thi s Agreement m ay be termin ated by C li ent upo n thirty (30) days ' wr itt en noti ce wh e neve r Cli ent shall dete rmin e that termin ati on is in its bes t int eres ts . Cos t of te rmin ati on, in cluding sal ar ies , ove rhead and fee , incurred by ENG INEER e ith er be for e or afte r th e term in ati on date shall be re imburse d by Client. 13 . otices. Any noti ce or des ign ati on required to be give n by e ith er party he reto shall be in wr itin g an d, unl ess rece ipt o f s uch no ti ce is ex press ly require d by th e term s hereo f, it sh al l be d eemed to be effecti ve ly se rve d when de posi ted in th e m a il wi th suffic ient fir st cl ass postage affi xe d and addresse d to th e p arty to whom s uch noti ce is directed at su ch party's pl ace o f bu si ness o r s uch o th e r address as e ith er party shal l here in after furn ish to th e oth e r party by written noti ce as here in prov id ed . Emai l wi ll be all owe d fo r written notifi catio n . 14 . Indemnification . To th e ex tent not pro hibited by law, an d in any case to be co nstru ed in a fa shion th at does not waive gove rnn1 ental, sove re ign , o r o fficial immuniti es w here appli ca bl e, eac h party to thi s Ag ree m ent shall be, to that ext ent, responsibl e for all clairn s and lo sses, li abili ty, penalti es , dam ages, o r oth er ex pe nses o f any kind whatsoever, resulting fr om any neg li ge nt pe rfo rman ce o r breach of th at p arty's o bli gati ons und er thi s Agre em ent committed by th at party or any of its e mpl oyees or agent s for wh om th e party is leg all y res po nsibl e . Each party sha ll prov id e for lega l de fen se fo r claim s against th at party or it s age nt s o r e mpl oyees for who m th e party is legal ly res po nsibl e. 15 . Legal Proceed in gs. ln th e eve nt ENGINEER 's emp loyee s are at any ti me re quire d by C li e nt to prov id e testim ony, an swe r int e rr ogatories o r oth e rwise pro vide in fo rm atio n ("testimo ny") in preparati on for or at a tri al, hearin g, proceedin g on inqui ry ("procee ding") ar isin g o ut o f the serv ices th at are th e s ubj ect of th is Agreement, where ENG IN EER is not a party to s uch proceedi ng, C lie nt will co mp ensate ENGINEER for it s se rvices and reimb ur se ENGINEER fo r a ll re lated dir ect costs in curre d in connec tio n with pro v idin g such testim ony . Th is pro v isio n 2 shall be of no effect if th e part ies have agr eed in a se parate ag ree ment or an am endm e nt to thi s Ag re e m ent to te rm s which spec ifi ca ll y s uperse de th is prov isio n, nor s h all thi s provision apply in th e eve nt Cli ent engages E GINEER to prov id e ex pe rt tes tim o ny or litigation support , whi c h se rvi ces shall be th e subj ect o f a se parat e agree me nt o r an amendm e nt to thi s Ag ree me nt. 16 . S uccess ors a nd Ass igns . Th e term s o f thi s Ag ree ment shall be binding upon and inure to th e bene fit of th e partie s and th e ir respecti ve su ccessors and ass ig ns; prov ide d however, that ne ith er party shall ass ign th is Agree ment in whol e o r in part wi thout th e pri o r written approval of th e o the r. 17 . Insurance. ENG CNE ER shall maintai n wo rke r 's co mp ensa ti on in suran ce and un e mpl oy ment com pensati o n fo r it s direct emp loye e s of a form and in an am ount as r e quired by state law . ENGINEER shall end eavo r to m ai nta in co mprehe ns ive general liability in suran ce, automobil e li abili ty, and profess ional li abi li ty in suran ce . C lient recogn izes that the in surance marke t is e rrati c, an d EN GINEER cannot guarantee it will maintain th e covera ges id entifi e d abov e , exce pt to th e extent re quired by law . I 8. Informa ti on Provid ed by the Clien t. ENGINEER shall no t be li abl e fo r an y cla irn s for injury or loss aris in g fr om err ors, o mi ss ion s or in accurac ies in doc um ent s or o th er in fo rm ation prov id ed by th e C li ent to E GINEER . In additio n, th e Client ag ree s to co mpe nsate th e ENGINEER for an y tim e s pent o r ex p enses in curred in defendin g any claim o r in mak in g rev isions to ENGINEER 's wo rk as a di rect or indirect res ult of in suffi cie nt o r in acc urate in fo rm ati o n pro v id ed by th e C lient. 19. S u bsu rface Co ndition s and U tili ties . C lie nt reco gnizes th at a co mp reh ensive samplin g an d tes ting pro gram imple mented by tra ined and ex pe rience d perso nn el of ENGINEER or ENGINEER 's s ub con su lt an ts wi th appropriate eq u ipm ent may fa il to de tect ce rt ain bidden co nditi o ns. Cli e nt al so recogni zes th at actu al env ironm enta l, geo log ica l, and geo tecbni ca l co ndit ion s th at ENGINEER properl y inferred to ex ist betwee n samp li ng poin ts may differ sig nifi cantly from th ose th at ac tual ly ex ist. ENGINEER wi ll loca te util ities wh ic h w ill a ffect th e proj ect fro m info rm ati o n pro v id ed by th e C li ent and utili ty co mpanies and fr o m EN GINEE R 's surveys. In th at th ese uti lity lo cati ons are base d, at least in part, on info rm ati o n fro m oth ers, ENGINEER cann ot and does not warra nt th e co mpl e teness an d acc uracy o f utili ty locati ons. 20 . Hazardo us Materia ls . Wh en hazardous material s are kn own, assum ed o r su specte d to ex ist at a proj ect sit e , ENGINEER is required to tak e appropriate precaut ions to pro tec t th e hea lt h an d sa fety ofENGINEER 's pe rso nn e l, to co mpl y w ith th e appli ca bl e laws an d reg ul ations an d to fo ll ow proce dures dee med prud e nt to m inimize ph ys ical ri sks to emp loyees an d Page 202 of 271 OVERSTREET AND ASSOCIATES PLLC the public. C li ent hereby warrants that, if C lient knows o r has any reason to assume or suspect that hazardous material s may exist at the project si te , Clien t wi ll inform ENGINEER in writing prior to initiation of services und er this Agreement. Hazardou s materials ma y exist at a si te where there is no re ason to believe they cou ld or should be present. Client ag rees that the discovery of unanticipated hazardou s material s constitutes a changed condition mandating a renegotiation of the scope of work or termination of services . ENGINEER agrees to notify Client as soon as practicall y possib le should unanticipated hazardou s material s or suspected hazardou s materials be encountered. Cli ent waives any claim against ENGINEER and agrees to indemnify , defen d and hold ENGINEER harml ess from any claim or li ability for injury or lo ss arising from E GINEER 's encountering unanticipated hazardou s mate ri als or suspected hazardou s materials . C li en t also agrees to compensate ENGINEER for any time spent and expenses incurred by ENGINEER in defe ns e of any such claim . 21. Ri sk Allocat ion . Client agrees that ENGINEER's li ability to Client for any and a ll injuries, claims, lo sses, expenses, or damages whatsoever arising out of, or in any way related to , thi s Agreement or ENGINEER's services from any causes including , but not limited to, ENGTNEER 's negligence , breach of warranty , errors, omissions, strict li ability , or breach of contract shall not exceed the limits of the ENGINEER 's profe ss ional liability insurance . In no event and und er no circumstances shall ENGINEER be liabl e to C lient for consequential, incidental , indirect, spec ial , or punitive damage s. 22. Anticipated Change Orders. C lient recognizes and expects that a certain amount of imprecision and incomp letenes s is to be expected in construction contract document s; that contractors are expected to furnish and perform work, materia ls and equipment that ma y reasonably be inferred from the contract documents or from the prevailing custom o r tr ade usage as being required to produce the intended result whether or not specifical ly cal led for ; and that a certain amount of change orders are to be expected . As long as ENGINEER provides se rvices in a manner consistent with that standard of care and sk ill ordinari ly exerc ised by members of th e profe ss ion currently practicing in the same locality under similar conditions, Client agrees not to make any claim against E GINEER for cost of contra ctor 's change orders un less th ese costs become a significant part of the construction contract amount. In no case wi ll Client make claim against ENGINEER for costs incurred if the change order work is a necessary part of the Project for which C li ent would ha ve incurred cost if work had been includ ed origina ll y in the contract documents unl ess Client can demon strate that such costs were higher through is suance of th e change order than th ey wo uld have bee n if originally included in the contract documents in which case any claim of C li ent against ENGINEER wi ll be limited to the co st increase and not th e entire cost of th e change order. 23 . Payment . ENGINEER shall submit monthl y statements to Client. Payment in full shall be due upon rece ipt of the invoi ce . If pay ments are delinquent after forty -fi ve (45) days 3 GENERAL TERMS AND CONDITIONS from invoice date , the Client agrees to pay int erest on the unpaid balance at the rate of one percent (1 %) per month. Payment for E GTNEER 's se rvice s is not contingent on any factor except ENGTNEER 's ability to provide serv ices in a manner cons istent with that standard of care and skill ordinarily exercised by members of the profes s ion currently practicing in the same locality under similar condit ion s. 24 . Fo rce Majeure. Nei th er Client no r ENGINEER shall be liable for any fau lt or delay caused by any co ntingency beyond their contro l, including, but not limited to , acts of God , wars, strikes, walkou ts, acts of terrori sm, fires , material shortages, labor shortages , pandemic, natural calamities, or demands or requirement s of governmental agencies . 25 . Co mpliance with Laws. E GINEER shall comply with a ll app licable Un it ed State s, state , territorial and commonwea lth laws , including ordinances of any political subdivisions or agencies of the United States, any state, territ ory or commonwealth thereof. 26 . Separate Provision. If any provi sio n of this Agreement is held to be invalid or un enforceable, the remaining provision s of thi s Agreement shall be valid , enforceable , and binding. 27 . Governing Law. This Agreement shall be governed by and cons tru ed in accordance with th e laws of the State of A labama . 28 . Dispute Reso luti on and Waiver of Trial by Jury. A ll dispute s, controversies or claims, of whatever kind o r character, between the Partie s, their age nt s and/or principal s, arising out of or in connection with the subject matter of this Agreement shall be litigated in no other venue other than the Circu it Co urt of Baldwin County, Alabama, or the United States Di strict Court which include s wi thin it s geographi cal Division , Baldwin County , Alabama ; and shall be litigated only before a judge hearing the matter alone, as both finder of fact and law, without a jury. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE TOW AIVE ANY RJGHT TO TRIAL BY JURY FOR ANY DISPUTE OR CLAIM IN ANY WAY RELATED TOTIDS AGREEMENT. 29 . A dditional Services. Services re sulting from significant changes in the general scope, extent or character of the Project designed or specified by ENGINEER o r it s design inc luding, but not li mited to , changes in s ize, comp lex ity, Cli ent's sc hedule , construction sc hedule, character of construction or method of financing ; and revi s ing previously accep te d studies, re ports, design document s or Contract Documents w hen such revisions are required by changes in laws, rul es, regulations , ordinances, codes or orders enacted subsequent to the preparation of such studi es, reports or doc um ents, or are due to other causes beyo nd ENGINEER 's control , are considered to be "Addit ional Serv ices" and will be subject to modified fee s .. 30. A mendment. Thi s Agreement shall not be s ubj ect to amendment unle ss another instrumen t is executed by dul y authorized representatives of bo th parties . Page 203 of 271 OVERSTREET AND ASSOCIATES PLLC 3 1. Entire nderstanding of Agreement. Thjs Ag ree ment represents and in co rporates th e entire und erstanding of th e parti es hereto, and eac h party acknow ledges that there are no warran ti es , representations, cove nant s or understandings of any kind , matte r o r desc ription w hatsoeve r, made by e ith er party to th e oth er exce pt as expressly se t forth herein . C li ent and ENGINEER he reby agree that any purcha se o rders, in voices, confirmat ions, acknowledgments or other similar docum ent s executed o r deli ve red w ith re spect to the subj ec t matter hereto that confli ct with th e te rm s of thi s Agreement sh all be null , void and wi th o ut effect to the ex tent they co nflict wi th the term s of thi s Agreement. 32 . eparate Provisions. The pro vis ions of thi s Ag reement shall continue to be bindin g upon th e parti es he reto notwithstandin g termination of thi s Agreement for any reason. 33 . Nonwaiver. No waiver by a party of any pr ovis ion of thi s Agreement shall be dee med to have bee n made unle ss in writing and s ig ned by eac h party . 34 . Conflictin g Terms. ln th e eve nt th at there are multipl e agreements with varying or co nflictin g terms and condition between li e nt and E GINEER, th e Terms and Conditions contained in this Agreement shall supe rse de and have pr ecedence over any oth er term s and co nditi ons contained in any other written o r oral agree me nt en tere d into betwee n C lient and E GINEER that e ith e r actually do or appear to conflict with th e T erm s and Conditions co nt ained in thi s Agreement, regardl ess of when , in re lation shi p to th ese Terms and ondition s co ntained in thi s Agreement, suc h oth er written or oral agreeme nt s was actuall y ent ered into between Cli e nt and E GINEER. 35 . Co urse of Dealing. Cl ient and E GINEER agree that the e General Terms and Co ndition s es tablish a course of de aling between them and shall app ly to thi s and all oth er serv ices , projects, agreement s or dea lin gs between th em, unle ss Cli ent o r E GINEER g ives the othe r written noti ce of objection to any term or conditjo n befo re com mencement of performance in connection with any oth er provi sion of serv ice s o r proj ec ts in volving the two of them. GENERAL TERMS AND CONDITIONS 4 Page 204 of 271 Position EXHIBIT · a · OVERSTREET & ASSOCIATES STANDARD HOURLY RATES SCHEDULE EFFECTIVE JANUARY 1, 2023 Billing Rate Pr i nc ipal .............................................................................................. $195 .00 Profe ssional Engineer V ............................................................... $173 .50 Professional Eng ineer IV .............................................................. $168 .00 Professional Engineer Ill ............................................................... $152 .50 Profes si onal Eng ineer ll ................................................................ $142 .00 Professional Eng ineer I ....................................................................... $131.50 Engineer Intern Ill ............................................................................... $126 .00 Eng ineer Intern II ................................................................................ $ 110 .50 Engineer Intern l ................................................................................. $100 .00 Professional Land Surveyor ................................................................ $126 .00 Senior Proj ect Manager ...................................................................... $131.50 Construction Pro j ect Manager ........................................................... $110 .50 Sr . Survey Crew Chief ........................................................................... $94 .50 Resident Project Representative Ill ...................................................... $95 .00 Resident Project Representative II ....................................................... $87 .00 Resident Project Representative I ........................................................ $79 .00 CADD Technic ian llI/Designer ............................................................. $100 .00 CADD Technician II ............................................................................... $89 .50 Page 1 of 2 Page 205 of 271 CADD Technician I ................................................................................ $79 .00 GIS lntern .............................................................................................. $58 .00 Project Technic ian ................................................................................ $78.00 Ad ministrative/Clerical ......................................................................... $68 .50 Surveys w ith RTK GPS Equipment ........................................................ $31.50 Survey Project Manager/Land Surveyor Intern .................................. $105 .00 Survey Technician II .............................................................................. $79.00 Survey Technician I ............................................................................... $63 .00 Survey Crew lll .................................................................................... $184 .00 Survey Crew II ..................................................................................... $136 .50 Survey Crew l ...................................................................................... $115 .50 Travel Time shall be billed at designated personnel 's standard hourly rates . OVERSTREE T & ASSOCIA TES, PLLC. ENGINEER'S CONSULTANTS AND REIMBURSABLE EXPENSE SCHEDULE En gine er's Consultants : Whenever Engineer is entitle d to compensation for the charges of Engineer's Consultants, those charges wil l be t he amounts bill ed by En gi neer's Consultants to Engineer times a factor of 1.20 . Rei mbursable Expense Schedule : Mileage (Outside Bal d win County area) Meals and Lodging (Outside Baldwin Co unty area) Overnight Postage Cop ies Letter, Legal or Tabloid Size -Bl ack and White Letter, Legal or Tablo id Size -Col or 24 " X 36 " 30" X 42 " Page 2 of 2 Current IR S rate At Cost At Cost $0 .20/page $0 .50/page $2 .00/sheet $3 .00/sheet Page 206 of 271 Parker Road Sidwall<s City of Fairhope Gulf Coast Research & Extension Center Haley Dermatology Publix Super rv1arket at The Shoppes at? Rock Creek Golf Club Sunset Pointe at Fly Creek rv1arina Page 207 of 271 arker Road Sidw Legend Gulf Coast Research & Extension Center Haley Dermatology Publix Super ~rket at The Shoppes at? Rock Creek Golf Club Sunset Pointe at Fly Creek ~rina Page 208 of 271 Parker ADD AL TERNA TE: , FULL TOPO OF -SOUTH SIDE OF PARKER FROM CL TO ROWAND INTERSECTION OF PARKER@ U.S. 98 . Legend Gulf Coast Research & Extension Center Haley Dermatology q • ublix Super Market at The Shoppes at? Rock Creek Golf Club BASE: Fly Creek Marina FULL TOPO OF NORTH SIDE OF PARKER FROM CL 1 TO ROWAND INTERSECTION OF • PARKER@ U.S. 98. Page 209 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT: The Superintendent of Electric Department, Ben Patterson, is requesting approval for the procurement of inventory transformers for the Electric Department. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To approve this procurement of inventory transformers not to exceed $250,000.00. BACKGROUND INFORMATION: The transformers will be purchased from Gresco. Attached is the quoted pricing from Gresco reflecting the price of the transformers on November 1, 2023. The price is as follows: Transformers (Poles): 25kva $1,755.00 each 37.5kva $2,145.00 each 50kva $2,680.00 each Transformers (Pads): 25kva $2,900.00 each 50kva $3,875.00 each 100kva $5,950.00 each The transformers are exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7) which states: “The purchase of equipment, supplies, or materials needed, used and consumed in the normal and routine operation of any waterworks system, sanitary sewer system, gas system, or electric system, or any two or more thereof, that are owned by municipalities, counties, or public corporations, boards, or authorities that are agencies, departments, or instrumentalities of municipalities or counties and no part of the operating expenses of which system or systems have during the then current fiscal year, been paid from revenues derived from taxes or from appropriations of the state, a county, or a municipality.” Page 210 of 271 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 003-50365 Electric- Maintenance Plant $250,000.00 $250,000.00 ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 211 of 271 RESOLUTION NO. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, AL B MA, as fo llo ws: [l] That the City of Fairhop e approves the procurement of Inventory E lectric Transformer from Gresco for a not-to exceed cost of $250 ,000 .00 ; and authorizes procurement without fonnal bid based on the option a ll owed by the Code of Alabama 1975 , Section 41-16-51 (b )(7). Adopted on this 27th day of November, 2023 Attest: Lisa A . Hanks , MMC City Clerk Corey Martin , Counci l President Page 212 of 271 Issuing Date __ .:...11;:./.:...16:..:/;:.20:..:2:..:3c.-_ Proiec\ Name Approve the Procurement of Electric Transformers for lnventorv Ci ty of Fa irhope Project Funding Request Pro Ject Location -'C'-'i"'---ty.-'-w'-'1-=-d-=-e ____________________________ _ Presented to City Council __ 1.c..1cc/.cc27-'-/--=2-'-0-=-2-=-3 __ Funding Request Sponsor: Ben Patterson, Electric Superintendent COF Project No . 2397 Please return this Routing Sheet lo Treasurer by ASAP Resolution # • Appro ved ______ _ Changed _____ _ Rejected ______ _ Project Cash Requirement Requested . Cost: $ 250 000 .00 NoHo~xceed Amount N0V16'23PH 4:3 1 ~ Vendor: Gresco Supply, Inc. (Vendor #20948) Pro 1ect Engineer -'-n"-/a=--------------------------------------------- Order Date ____ n_/a ___ _ Lead Time . __ __;_n"-/-=-a ________ _ Department Funding This Project General Gas ,-Electric 8 W ale Wastewater C Sanitation C Cap Pro1ect c:: Impact t' Gas Tax ~ Fed Grant r '- _pepan,nmt of General fund Providing the Funding Landsc-36 1 Aamin-10 C Bl dg -lJ -Pohce-15 C Fire-20 C ECD-24 C Rec-25 C Civic-26 C:: Street-35 C Meter-19 IT-16 = Fleet-46 ,-GJlf-50 Golf Grou nd s-55 D Museu m-27 0 L NonDeplFac-75 D Debt Serv ice -BS c:: Manna-34 C Pla n/Zone-12 C Adult Rec-30 'J HR-1 7l. I ProJect will be Expensed ,<XX ~ Funding Source · Ope rahng Expenses XXX 0 Budgeted Cap ital -------r I Cap ·t al1zert C lnvt nt'J I tE-U i Expens e Code 00 3-~0365 G/L Acct Name El ectric. Maintenance Plant Pro1ec1 8 Jdgeied $ Bala~~e Sheet Item• Included in proJectcd casn flow 250 ,000 .00 Line 10 Ove1 (Under) budget amount ~$ ______ _ Approve tne procurement of electric tran sformers for in'ven tory from G re sco Supply, Inc ., for tht! n ot tl-e xceed amount of S2S0 ,000.00. The tr;1nsformers are e xempt fr om formal bidd ing p,er Code of Alabama 1975, Sect ion 41-16-51(b)(7). City C~uncil Pri or App roval/Date " _______________________ _ Sen ior Accountant City Treasurer Unfunded ______ _ _______ Federal· not to exceed amount ______ State ______ City _______ Local Bond ______ _ Loan . ______ _ Capi ta l Le ase : ______ _ T itle Title Payment Yea r ------- -------Yea r _ ______ Te,m Purchas in g Memo Da te. --~1~1/_1~4~/2~0~2~3~_ Purchasing Memo Date : ___ 1~1~/1~4~/~20~2~3~-- Page 213 of 271 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech Treasurer 161 North Section St . PO Drawer 429 Fairhope , AL 36533 251 -928 -2136 (p) 251 -928-6776 (f) www.fairhopeal.gov MEMO To : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer From : Date : Re : Erin Wolfe , Purchasing Manager November 14 , 2023 Green Sheet and City Council Approval for the request of Inventory Electric Transformers The Superintendent of Electric Department , Ben Patterson , is requesting approval for the procurement of inventory transformers for the Electric Department. The transformers will be purchased from Gresco. Attached is the quoted pricing from Gresco reflecting the price of the transformers on November 1, 2023 . The price is as follows : Transformers (Poles): 25kva $1 ,755.00 each 37 .5kva $2,145 .00 each 50kva $2 ,680 .00 each Transformers (Pads): 25kva $2 ,900 .00 each 50kva $3 ,875 .00 each 100kva $5 ,950 .00 each The transformers are exempt from formal bidding per Code of Alabama 1975 , Section 41- 16-51 (b)(7) which states : "The purchase of equipment, supplies, or materials needed, used and consumed in the normal and routine operation of any waterworks system, sanitary sewer system, gas system, or electric system, or any two or more thereof, that are owned by municipalities, counties, or public corporations, boards, or authorities that are agencies, departments, or instrumentalities of municipalfties or counties and no part of the operating expenses of which system or systems have during the then current fiscal year, been paid from revenues derived from taxes or from appropriations of the state, a county, or a municipality." Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement of inventory transformers not to exceed $250,000.00. CC file , Ben Patterson , Clint Steadham Page 214 of 271 Jay Money <Jay.Money@gresco .c om > To : Clint Steadham Cc: Christopher Safley; Ben Patterson Clint, Pricing is below. Poles : 2Skva $1755 .00ea 37.Skva $2145.00ea SOkva $2680.00ea Pads 25kva $2900.000ea SOkva $3875 .00ea lOOkva $5950.00ea Thanks! Jay Money Office : 334-673 -9307 Cell : 334-268-1352 GRESCO I . GRESCO Wed 11 /1/2023 12:52 PM ... ... Page 215 of 271 From: KEVIN LUTER <kevin .luter@graybar.com> Sent: Wednesday, November 8, 2023 11 :10 AM To: Clint Steadham <Clint .Steadham@fairhopeal.gov> Subject: RE : Untitled .PDF PLEASE QUOTE ELECTRIC DEPT. MATERIALS Unfortunately, I will have to go with a no bid on this due to the extremely long lead times from my vendor. Please keep me in mind on future bids as I wou ld like to have the opportunity to bid in the future . Best regards , Kevin KEVIN LUTER I Outs ide Sales Repres entat ive II Mobi le , AL WWW,.Qraybar .com Page 216 of 271 Morning Clint, I sent this off to get quoted for you guys. Quotes are running about 2-3 weeks from the manufacturer currently. Once I get this back I will send it over. Have a great day. Than ks, Noah Danburg Inside Sa les Irby Util ities 15350 Industrial Park Dr. Loxley, AL 36551 Direct: 225 -368-7337 Fax : 850-477-4361 ndanburg@irby.com Page 217 of 271 Name : Ben Patte rson CITY OF FAIRHOPE P URCHA SING DE PA RTMENT P URCHA SIN G REQ UE ST F ORM Date : 10-31 -2023 Department : _E_le_ct_r_ic ____________________ _ Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Under $5,000 No restricti ons No t Required N/A N/A Ut ili ties $5,001-$10,000 Operational NON -Budgete d Three Treasure r/M ayor N/A Greater than : Operational NON -Budgete d Three Council Reguired Gen Go vt -$5,001 Utilities -$10,001 Gen Go vt -$5,001 -$3 0,000 Operational Bud geted Three Treasurer N/A Utilities -$10,00 1 -$3 0,000 Ov er $30 ,000 Operational Bud ge t * State Bid List or Treasurer/M ayor N/A Buving Group Over $30,000/$100,000 Operational Bud get ed Bids Council Reguired Pro fessional Servic e Over $5,000 Budgeted o r No n-Budgeted M ayor Sel ect Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Bu dge t ed items that meet or are un der budget may be purc hased with th e Mayor and/or Treasurer's approval if they are on th e State Bid lis t or from an approved buying grou p. Items that are over budget mus t go t o Co uncil far approval and will re qu ir e a green sheet and resolu t ion. **Expenditure Threshold is a combined total af labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases . Vendor Name 1. Click or tap here to enter text . 2. Click or tap here to enter text . 3 . Click or tap here to enter text. QUOTES $ 250000 $ $ V endor Quote ---------------- Check any appl ic able boxes : □ St ate Contract D ALDOT D Purc ha si ng Gro up □ Sol e Source (Attach Sole Source Justificatio n) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? t ran sfo rmers 2 . What is the total cost of the item or service? 250000 3 . How many do you need? Click or tap here to enter text . 4 . Item o r Service Is : ~ New D Used ~ Replacement D A nnual Reque st 5 . Vendor Name (Lowest Quote): Click or tap here to enter text. 6 . Vendor Number: Click or tap here to enter te xt . If you do no t ha ve a Vendo r Number, ple ase go to the City of Fairhope page: www.Fa irhopeAL.gov, Dep artm ents, Purchasing, Vendor Reg istra tion, an d complete the requ ired informatio n. BUDGET INFORMATION 1. Is it budgeted ? ~ Yes D No D Emergency Reque st 2 . If budgeted, what is the budgeted amount? 250000 3. Budget code : Click or tap here to enter te xt . Email completed form with quotes and other supporting documentatio n to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunninqham@FairhopeAL.gov. PUR -004 -082522 Page 218 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Jeff Montgomery SUBJECT: Approve Mayor Sullivan to sign an agreement between Clearwinds Technologies, Inc and the City of Fairhope for Firewall Audit and Upgrade services for Information Technology Department. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: Resolution – That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Clearwinds Technologies INC for Firewall Audit and Upgrade for Information Technology with a not-to-exceed amount of $7,875.00. BACKGROUND INFORMATION: Security audit with Firewall focus to ensure maximum benefit and configuration evaluation with Software Upgrade Assistance. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001160- 50290 Professional Services $7,875.00 $7,875.00 ($0) GRANT: LEGAL IMPACT: Agreement must be signed by mayor FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or Page 219 of 271 emailed): Page 220 of 271 RES OLUTIO N NO. ---- BE IT RES OLVED B Y THE GOVERNING B OD Y OF THE CITY OF FAIRH OP E, ALA B AMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Clearwinds Technologies , Inc. for Firewall Audit and Upgrade for Information Technology with a not-to exceed amount of $7,875.00; and the audit of the City of Fairhope Firewall is exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51 (15) Contractual Services and purchases of projects related to , or having an impact upon , security plans, procedures , assessments , measures , or sys tems , or the security or safety of persons , structures , facilities , or infrastructures . DULY ADOPTED THIS 27TH DAY OF NOVEMBER, 2023 Attest: Lisa A . Hanks , MMC City Clerk Corey Martin , Council President Page 221 of 271 Issuing Date · ----'1--'1/~1--'6~/2~0--'2_3 __ Ci ty of Fairhope Project Funding Request Proiect Name . Approve the Mavor to Exec ute Aareement with ClearWlnds Technoloales for Firewall Audit Proiect Location : --'l'-'.T--'.-------------------------------- Presented to Ci ty Council · __ 1_1--'/~2_7/--'2--'0~2~3 __ Funding Request Sponsor . Jeff Montgomery, Director of Information Technology COF Projec t No . 2400 Please return this Routing Sheet to Treasurer by ASAP Resolution # • App roved _____ _ Changed _____ _ Rejected _____ _ NOV 16 '23 P',!4 :31 ~ Project Cash Requirement Requested . Cost: ~$ ___ ~7~8--'7--'5~.0~0~Not-to-e xcee d Amount Vendor: Clear Wi nds Technologies Inc . (Vendor #442) Proiect Engineer . --'n"-I•=---------------------------------------------- Order Date ____ n_/a ___ _ Lead Time : -----'n"-/a=----------- Depanment Funding Th i s Project General 8 Gas C: Electric C Wate Wastewater C Sanitation C' Cap Proiect 0 Impact r Gas Ta x r Fed Grant L Ad m1n-1C Fleet-46 Pro1ect w,11 be Depa n ment of General Fund Providing the Funding Bldg -13 ,_ Pollce -15 C Fire -20 C Golf-50 I Golf Grounds -55 D Museum-27 Expensed XXX IZ Capitalized ~ L. lnventoned [__ Expense Code : 001160-50290 GI L Acct Name : I.T .• Professional Services Pro ject Budgeted $ Balance Sheet Item- Included in proJected 7,875 .00 Line 20 ca sh fl ow _______ _ ECD -2 4 C C NonDeptFac-75 0 Fund ing Source · Over (Under) budget amount ~$ ______ _ Approve the Mayor to execute agreement with Clear Winds Technologies . Inc . for Fi rewall Audit for the not-to-eJS:ceed amoun t of $7,875 .00 . Th is procurement is exempt from formal bidding per Cc,de of Alabama 1975 , Section 41-1 6-5 1(15 ) due to contractual services relate to security plans etc . City Council Pnor Approv al/Date? _______________________ _ Senior Accountant City Treasurer Landsc-36 [ Rec-25 L Civic-26 C Street-35 C Meter-19 Debt Serv•ce-85 C Manna -3 4 C Plan/Zone-12 C Adult Rec-30 Operating Expenses XXX E Budgeted Capi ta l ----'-"--"-'---C Unfunded C _______ Fede,al -ne t to exceed amount State -------______ City ------- Bond : _____ _ Loan : ------- Capi tal Lease : ______ _ Local Title Title Payment _______ Year ________ Year _______ Term Pur chasing Memo Date : --~11~/~1~4 /~2~□~2~3 __ Purchasing Memo Date : ___ 1_1~/_14_/=20~2=3~-- IT-16 / HR-11L Page 222 of 271 ~ ~~ d1.,/1BA'm-'h Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell , ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech Treasurer 161 North Section St . PO Drawer 429 Fairhope, AL 36533 251-928 -2136 (p) 251 -928 -6776 (f) www .fairhopeal.gov MEMO To : From : Date : Re : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer Erin Wolfe , Purchasing Manager November 15 , 2023 City Council Approval for the Mayor to Execute Agreement with ClearWinds Technologies for Firewall Audit The I.T. Director, Jeff Montgomery , requests approval for the Mayor to execute an agreement with Clearwinds Technologies to perform a Firewall Audit. The audit of the City of Fairhope Firewall is exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51(15) Contractual Services and purchases of products re lated to , or having an impact upon , security plans , procedures , assessments , measures , or systems , or the security or safety of persons , structures , facilities , or infrastructures . NOTES: See Attached Vendor Proposals for Details . Please compose a Green Sheet and place on the next available City Council Agenda this request to approve the Mayor to execute an agreement with ClearWinds Technologies to perform a Firewall Audit. CC : Jeff Montgomery , Clint Steadham Page 223 of 271 Clear Winds I e ch n We have prepared a quote for you IT Assessment Quote # 045987 Version 1 Prepared for: City of Fairhope Jeff Montgomery jeff.montgomery@cofa irhope .com Page 224 of 271 Clear Winds ogies Serv i ces Description Price Qty Ext. Price Labo r- Impleme ntat io n Quote #04 5 Clear Winds Technologies -Implementation labor -IT Assessment Acceptance of quote ind icates acceptance of S&C terms at http ://www .clearwinds .neUSCTerms .html. $7,875 .00 ,,.; .. . ' ~-. .. ,.\ ·\ '-, fl> , 1 $7 ,875 .00 Subtotal : $7,875 .00 Page : 2 of 4 Page 225 of 271 IT Assessment Prepared by : Clear Winds Technologies Cra ig Dave npo rt (205) 413 -83 23 cdavenport@cl earwinds .net Quote Summary Clear Winds Prepared for: City of Fairhope 555 South Section St Fairhope , AL 35632 Jeff Montgomery (251) 990-0135 jeff.montgomery@cofairhope .com te c h n ogie Quote Information : Quote #: 045987 Ve rsi o n: 1 Del ive ry Dat e: 08/11/20 23 Expirat ion Date : 09/10/2023 ~•wm &M¼1 _services ,875 .00_ Tota l : $7,875.00 PRICES SUBJECT TO CHANGE -PRICES BASED UPON TOTAL PURCHASE -PRICE DOES NOT INCLUDE TAXES OR DELIVERY COSTS -ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED -SER VICE COSTS ARE ESTIMATED BASED ON OUR KNOWLEDGE OF THE PROJECT -WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES , EXPRESS OR IMPLIED , INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS . WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS , BUSINESS , GOODWILL, DATA , INTERRUPTION OF BUSINESS , NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE , DAMAGES RELATED TO THIS AGREEEMENT. -ALL ACTUAL EXPENSES (INCLUDING TRAVEL , CAR RENTAL AND OTHER COMMONLY ACCEPTED EXPENSES) WILL BE INVOICED . -FIRST PAYMENT OF 50 % OF TOTAL IS DUE UPON SIGN ATURE . EQUIPMENT AND SOFTWARE WILL BE ORDERED WHEN THE PAYMENT IS RECEIVED. -INVOICES ARE PAYABLE ON RECEIPT. ALL SUMS NOT PAID WHEN DUE SHALL ACCRUE INTEREST DAILY AT THE ANNUAL RATE OF 18 %. -MINIMUM 15 % RESTOCKING FEE WITH ORIGINAL PACKAGING . -THE CLIENT AGREES NOTTO HIRE ANY CLEAR WINDS' PERSONNEL FOR A PERIOD OF EIGHTEEN MONTHS AFTER THE COMPLETION OF THIS AGREEMENT AND ANY CHANGE ORDERS WITHOUT WRITTEN CONSENT FROM CLEAR WINDS . SHOULD ANY CLEAR WINDS PERSONNEL BE HIRED BY THE CLIENT OR AN Y OF ITS SUBSIDIARIES DURING THE EIGHTEEN MONTH PERIOD AFTER THE PERSON 'S EMPLO YMENT ENDS AT CLEAR WINDS , THE CLIENT AGREES TO PAY 100% OF THAT EMPLOYEE'S ANNUAL INCOME TO CLEAR WINDS FOR THE COST OF REPLACING THAT EMPLOYEE . -REFERENCE THE FOLLOW ING DOCUMENTS : CWT-0102 FOR ITOPS MANAGED SERVICES , CWT-0103 FOR ITOPS ONLINE BAC KUP, CWT-0104 FOR ITOPS DISASTER RECOVERY, CWT-0161 FOR VIRTUALIZATION IMPLEMENTATION AND CWT-9999 FOR NORMAL TERMS AND CONDITIONS . Quote #0459 --~--.-·· ':~. : ~I • r • \~. l...L • Page : 3 of 4 Page 226 of 271 Clear Winds tech n ogies Clear Winds Technologies City of Fairhope Signature : Signature: Name : Craig Davenport Name : Jeff Montgomery Title : VP of Sales Date : Date : 08 /11/2023 Quote #0459 Page: 4 of 4 Page 227 of 271 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name : Jeff Montgomery Date : 11/13/23 Department : Information Technology Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Unde r $5 ,000 No restricti on s Not Required N/A N/A Utilities $5 ,001 -$10 ,000 Operational NON -Budget ed Three Treasurer/Mayor N/A Greater than : Operational NON -Budget ed Three Council Reguired Gen Govt -$5,001 Utilities -$10,001 Gen Govt -$5,001-$15,000 Operational Budget ed Three Treasurer N/A Utilities -$10 ,001 -$15,000 Over $15,000/$50,000 Op erati on al Budget * Stat e Bid List o r Treasurer/Mayor N/A Buying Group Over $15,000/$50,000 Ope rati on al Budgeted Bid s Council Reguired Profe ssional Service Over $5 ,000 Budgeted or Non -Budg ete d Mayor Select Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Budgeted items that meet ar are under budget may be purchased with the Mayor and/or Treasurer's approval if they ore on the State Bid list or from an approved buying gro up . Items that are over budget mus t ga to Council fo r approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Clearwinds Technoloies $ 7875 .00 2 . Click or tap here to enter text. $ _____________ _ 3. Click or tap here to enter text. $ ---------------- Check any applicable boxes : □ State Contract D ALDOT D Purc hasing Group D Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Authorize to sign agreement 2 . What is the total cost of the item or service? 7875 .00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: □ New D Used D Replacement D Annual Request 5 . Vendor Name (Lowest Quote): Click or tap here to enter text. 6. Vendor Number: 442 If you do not have a Vendor Number, please go to the City of Fairhope page: http://www.fairhopeal.gov/ www.FairhopeAL.gov, Departments, Purchasing, Vendor Registra tion, and complete the required information . BUDGET INFORMATION 1. Is it budgeted? □ Yes □ No D Emergency Request 2. If budgeted, what is the budgeted amount? 7875 3 . Budget code: 001160 -50290 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. PUR -004 -082522 Page 228 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting approval for the procurement of materials for the cast iron pipe replacement project. AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To approve the procurement of materials for the Cast Iron Pipe Replacement Project for the Gas Department for a not-to-exceed cost of $142,093.51; and is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). BACKGROUND INFORMATION: The request for quotes was sent to three (3) vendors. General Utility Pipe & Supply, LLC provided the lowest quote for the materials, including gas pipe, fittings, and other items listed on the attached quote. The total quote for the materials is One Hundred Forty-Two Thousand Ninety-Three Dollars and Fifty-One Cents ($142,093.51). The gas department materials are exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-59500 Gas - Capital System Improvements 142,093.51 142,093.51 0.0 GRANT: LEGAL IMPACT: Page 229 of 271 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 230 of 271 RESOLUTION NO. __ 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 materials for the Cast Iron Pipe Replacement Project for the Gas Department for a not-to-exceed cost of $142,093.51; and is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (b )(7). ADOPTED ON THIS 27TH DAY OF NOVEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Corey Martin , Council Pre si dent Page 231 of 271 Issuing Date : __ ....:1..:.1 c..;/1..:.7.:.;/2:.c0:.:2:.:3:......._ City of Fa ir hop e Project Fund ing Requ est Proiect Name . Approve the Procurement of Materials for Cast Iron Replacement Proiect for Gas Oeoartment Project Location: ~G=as=--=S=vs:.:t=-em::.:._ ___________________________ _ Pre sented to City Counci l: __ ..:.1.:.;1/-=2..:.7:.:/2:.:0.=2;;;3 __ Funding Request Sponsor : Wes Boyett, Gas Superintendent Taylor Wesson, Project Manager Project Cas h Req uirem ent Req uested : COF Project No. 2407 Pleas e re turn this Routing Sheet to Treasurer by ASAP Resolution # : App roved ______ _ Changed _____ _ Rejected ______ _ Cost: $ 142 093.51 Not-to-Excee d Am ount NOV 17 '23 PH2 : l 4 <:JfjJ) Gene,al Adm•n-10 Fleet-46 Vendor: General Utility Pipe & Supply, Inc . (Vendor#22481) Proj6ct Engineer . ..cn..:./..:.a ____________________________________________ _ Order Da te· ___ .....:.n..:./::.a __ _ Department Funding This Project Gas 12 Electric C Dep~rtm en t of Gen eral Fund Providing the Fundi ng L Blag -13 _ C Golf-50 , Pohce-15 C Fire-20 [j Golf Grounds-55 D Museum-27 0 Lead T ime: __ .....:.n..:./::.a ________ _ W astewate r C Sanitat ion C ECD-24 C Rec-25 r:: NonDeptFac-75 D Debt Serv,ce-85 C Cap Project C Civic-26 C Marina-34 C Impact L Gas Tax [_ Street-3 5 [. Meter-19 Plan/Zone-12 C Adult Rec-30 Project will ue · Funding Source Expe nsed Capitalized :n'ventcri eo _______ c ____ XX X __ [f" C Exp ense Code . 002-5\150_0 ___ _ G/L Atct Name: Gas -Capital System lmprovarnents Pro,ect Budyeled : S Balance Sheet Item- Included ,n projected 142 093 .51 Line 110 0 cas h flow _______ _ Over (Under ) budget amount:-"$ ______ _ Approve the proc•.Jremen t of ma teria ls for the Cast Iron Repla ce ment project for Gas Oep::u1menl for the no1-to -exce~d amount of $142,09 3.51 . T his procurement is ex empt from forma l bidding per CClde ot Alab3m a 1975 , Se ction 41 •16 -5 1(b )(7). Gene ral Utility Pi pe & Supply, LLC , provided the lo west qu ote fN materials . Operating Expens es _______ C Budgeted Capi ta l ---'X""X""X-'---~ Unfunde d ______ C _ ______ Federa l -not to cxceeo amo11nt ______ State _______ City _______ Local Bond : ______ _ Loan : ______ _ Title Title ------- ------- Fed Grant L Vear Year IT-16 L HR-1 7C. Capi tal Lease : ______ _ Payment _______ Term City Counc!I Prio, Approval/Date7 Cit Tr eas urer Mayo r Purcna$1ng Memo Date --~1 ~1~/1~7-'-/2~□~2~3~-Purchasing Memo Date : __ __,_1-'-1/cc1cc7.:.;/2"'0"'2"3'---- Signatures I '---------led--------+-t--~-------------------+--1----------J Page 232 of 271 of fAifit;. ,.() ~ t1\ d1,I\BA~~ Sherry Sullivan Mayor Council Members : Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech Treasurer 161 North Section St . PO Drawer 429 Fairhope, AL 36533 251-928-2136 (p) 251-928 -6776 (f) www.fairhopeal.gov MEMO To : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer From : Date : Re : Erin Wolfe , Purchasing Manager November 17 , 2023 Green Sheet and City Council Approval for the Procurement of Materials for the Cast Iron Pipe Replacement Project for the Gas Department The Superintendent of Gas Department , Wes Boyett , is requesting approval for the procurement of materials for the cast iron pipe replacement project. The request for quotes was sent to three (3) vendors . General Utility Pipe & Supply , LLC provided the lowest quote for the materials , including gas pipe , fittings , and other items listed on the attached quote . The total quote for the materials is One Hundred Forty-Two Thousand Ninety-Three Dollars and Fifty-One Cents ($142 ,093 .51). The gas department materials are exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51 (b)(7) which states : "The purchase of equipment, supplies, or materials needed, used and consumed in the normal and routine operation of any waterworks system, sanitary sewer system, gas system, or electric system, or any two or more thereof, that are owned by municipalities, counties, or public corporations, boards, or authorities that are agencies, departments, or instrumentalities of municipalities or counties and no part of the operating expenses of which system or systems have during the then current fiscal year, been paid from revenues derived from ta xes or from appropriations of the state, a county, or a municipality." Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement of materials for the Cast Iron Pipe Replacement Project for the Gas Department for a not-to-exceed cost of $142,093.51. CC file , Wes Boyett , Taylor Wesson , Clint Steadham Page 233 of 271 Order Acknowledgement -Quote Order I GENERAL ~-; ____ .., I llrJUTYPIPE&SUPPLJ_c1,_l£ __ __ _. .......... ,.. ...... c. ...... BUI To FAIRHOPE GAS PO DRAWER 429 Cust # FAJRHOPE, AL 36533-0429 951052 Ln # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Sht To FAJRHOPE GAS PO DRAWER 429 FAIRHOPE, AL 36533-0429 Product UPC Quantity And Description Item# Ordered PLYYP2 00000 24500 2" !P S SDR I I YELLOW P 708 AS PIPE 500' Interc hange Prod: YP2 2STLFBE 20 2" STL GRDB SCH40 14-1 BE PLYYP4500 6000 708 AS PIPE 500' Interchange Prod : YP4-500 PWTW12CCS500 31000 J2GA YELLOW SOLID HF-C S PE3 TRACER WIRE Interchange Prod: TW l 2CC 00 DWF9N 00000 1 IC BEF490 15 4" EF PE4710 90 DWF9S 00000 1 4" STD LRBW 90 A234 DO ESTJC GFYBF2TEE 00000 18 2" BF 2406 YELLOW TEE GFYBF4TEE 00000 18 4" BF 2406 YELLOW TEE GFYBF42RED 00000 16 4 " X 2" BF 2406 REDUCE DWFCAPH 00000 1 I STD STD CAP A234 WP DOM EZ252239A 7UMG 00000 1 2" Mechanical Cap GFYBF2CAP 00000 22 2" 2708 YELLOW BF CAP DWFCAPN 00000 1 2" STD CAP A234 WPB D MESTC EZ27239A7UMG 00000 10 2.25 CIPS Mecha ni ca l Cap EZ48459A 7UMG 00000 5 4" CIPS Mechanical Ca p Corre~dence To Southern Pipe & S upply Company 4330 Hwy 39 N. PO Bo x 5738 MERJDIAN, MS 39301 lnstroctions Ship Point Vl8 GENERAL UTILITY Best Way Quantity Quantity Qty Unit Price Beck ordered Shipped UM Price UM 24500 EACH 1.09 EACH 20 each 8.50 each 6000 EACH 3.77 EACH 31000 FT 0.11500 FT 00 ' 1 EA 14.69 EA 15 each 102.00 each 1 EA 35.00 EA 18 EA 4.76 EA 18 EA 19.60 EA 16 Each 10.54 Each 1 Eac h 16.00 Each 1 each 302.00 each 22 EA 3.15 EA 1 EA 21.00 EA 10 each 515.25 each 5 each 352.25 each SEE TERMS A D CO DITIONS AT WWW.SOUTHERNPIPE.COM Shi Terms 10Prox,Net30 Discount Amount Multiplier (Net) 0.00 26705.00 0 .00 170.00 0 .00 22620.00 0 .00 3565.00 0.00 14.69 0.00 1530.00 0 .00 35.00 0 .00 85.68 0.00 352.80 0 .00 168.64 0 .00 16 .00 0.00 302.00 0 .00 69.30 0 .00 21.00 0 .00 5152.50 0.00 1761.25 age o Page 234 of 271 ,~ i I,,,.. GENERAL r ~-----1111-J UTILITY PIPE&SUPPLY LLC ---·--·•··----·• _j_ ____ • ·-""-~•~c..-. Bit To FAJRHOPE GAS PO ORA WER 429 Cust # FAIRHOPE, AL 36533-0429 951052 Ln # 17 18 19 20 21 22 23 24 2S 26 Shli To FAJRHOPE GAS PO ORA WER 429 FAJRHOPE, AL 36533-0429 Product UPC And Description Item# GFYBF4CAP 00000 4" BF 2406 CAP DWFCAPU 6" STD CAP A23 4 WPB D YPV2 00000 2" IPS YELLOW 2406 POL VAL 2CL l SORPWXW 2" WxW Ball Va lve YPV4 00000 4" IP S YELLOW 2406 POL VAL P5B20G PLASTIC VAL VE BOX 28 Hl75002x2 00000 2" x 2 " Mueller Tap Tee EZ28B7UMG 00000 2" Steel x IPS Transi tion Co piing EZ48B7UMG 00000 4 " Ste el X IPS Tra nsiti o n Cp g GFYEF2CPLG 00000 Order Acknowledgement -Quote Order Corres dence To Southern Pipe & S upply Company 4330 Hwy 39 N. PO Box 5738 MERIDIAN, MS 39301 Instructions Shl Point Via GENERAL UTILITY Best Way Quantity Quantity Quantity Qty Unit Price Ordered Backordered Shipped UM Price UM 3 3 Each 11.10 Each 2 2 EA 54.85 EA 3S 3S EACH 72 .00 EACH 1 1 each 24S.00 each s 5 EACH 2S7.3S EACH 41 41 Each 104.S0 Each ID 1 1 each 120.00 each 1 1 each 199 .00 each 1 1 each 409.2S each 200 200 Each 8.00 Each 2" JP S YELLOW ELECTR FUSI NCOUPLING 27 GFYEF4CPLG 8S 8S EACH 29.00 EACH 4" IPS YELLOW ELE TR 28 EZ25239B7UMG 00000 2 2 each 302 .00 each 2" CIPS x IPS Tran sition Co piing 29 Cl9008 00000 20 20 each 20.7S each 2" IP S Stiffener 30 EZ27239B7UMG 00000 2 2 each S1S.2S each 2 .25 CIPS x 2" IPS Mechani al T -FTG 31 EZ48459B7UMG 00000 1 1 each 3S2.2S each 4" CIP s x 4" JP S Mec han ica l Tra-Ft 32 Hl7190-300 00000 1 each 74 .S0 each I " Mueller Stopper Fitting 33 Hl7165-951 00000 6 6 each 1003.00 each 2 .25" CIP S Stopper Fitting 34 Hl 7 165-550 00000 1 1 each 887.00 each 2" CIPS Stopper Fi tt ing us omer opy SEE TERMS AND CONDITIONS AT WWW.SOUTHERNPIPE .COM 2 Currency Shipped Tenns 10Prox,Ne t30 Discount Amount Multiplier (Net) 0 .00 33.30 0 .00 109 .70 0 .00 2S20.00 0 .00 24S.00 0.00 1286.7S 0.00 4284.S0 0.00 120.00 0 .00 199.00 0 .00 409.2S 0 .00 1600.00 0 .00 246S .00 0 .00 604.00 0 .00 41S.00 0 .00 1030.S0 0 .00 3S2.2S 0 .00 74 .S0 0.00 6018.00 0 .00 887.00 Page 235 of 271 ..-1;=4~---... )GENERAL Order Acknowledgement -Quote Order ~-~----.,,,. I UTIUTYPll't&SUPPLY,LLC __ __ _._,,..,. • ._.,c.. ... BIi To FAIRHOPE GAS PO DRAWER 429 Cost# FAIRHOPE, AL 36533-0429 951052 Ln # 35 36 37 38 39 40 41 42 42 Sh To FAIRHOPE GAS PO ORA WER 429 FAIRHOPE, AL 36533-0429 Product UPC Quantity And Description Item# Ordered Hl7261-740 00000 3 4" CIPS Stopper Fi ttin g Hl7280 00000 1 6" Stopper Fitting YGUGPY34500 00000 26000 3/4 X 500' SDR 11 YELLO GAS IP E UAA4-0 I Interchange Prod: YP3 /4 PWTWl2CCS500 26000 I2GA YELLOW SOLID HF-C S PE 3 TRACER WIRE Interchange Prod : TW l 2CC 00 GFYR34240005 00000 321 3/4" Gas Service Ri ser & 3/4 'RUB Gas Stop GFYEF234 l l OOTTKJT 00000 321 2" X 3/4" EF TT W/EFV 11 0 SE ES FUSED GFYEF434TTKJT 39 4" x 3/4" EF TT With Series 1100 E V 50100-47 00000 500 Dryconn DBSR Lines Total Correspondence To Southern Pipe & Suppl y Company 4330 Hw y 39 N. PO Box 5738 MERIDIAN, MS 39301 Instructions Ship_ Point Via GENERAL UT ILITY Best Way Quantity Quantity Qty Unit Price Backordered Shipped UM Price UM 3 each 2717.05 each 1 each 1972.75 each 26000 EA 0.35 EA 26000 FT 0.11500 FT 00 ' 321 each 47.00 each 321 EA 52.00 EA 39 each 52.00 each 500 each 1.70 each Qty Shipped Total 115222 Total Invoice Total Currency_ Shi Terma I 0Prox,Ne t30 Discount Amount Multiplier (Net) 0 .00 8151.15 0.00 1972.75 0 .00 9100.00 0.00 2990.00 0 .00 15087.00 0 .00 16692.00 0 .00 2028.00 0 .00 850.00 142093.51 142093.51 Page 236 of 271 Name : Taylor Wesson Department: Gas CITY OF FA IRHOPE PURCHASING DEPA RTMENT P URCHASING REQUEST FORM Date : 11-17-2023 ------------------------ Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Unde r $5 ,000 No restri ct ion s Not Req uire d N/A N/A Ut ili t ies $5 ,001 -$10,00 0 Operati o nal NON -Bud geted Three Tre asurer/M ayor N/A Great er than : Operati o nal NON -Bud geted Three Coun cil Reguired Gen Go vt -$5,001 Uti lit ies -$10,001 Gen Go vt -$5 ,001 -$3 0,000 Op era t io nal Bud get ed Three Treas urer N/A Ut iliti es -$10,001 -$30,000 Over $30,00 0 Operati o nal Bud ge t * Sta t e Bid Lis t or Treas urer/M ay o r N/A Buying Grou p Over $30,000/$100,000 Op era t io na l Budgeted Bids Counc il Reguired Profe ssi o nal Serv ic e Ov er $5 ,000 Bud geted or Non -Budgeted M ay or Select Cou ncil Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired "Budgeted items tha t meet or are under budget may be purchased with the Mayor and/or Treasurer 's approval if they are an the State Bid list or from on approved buying group. Items that are over budget m ust go to Council for approval and will require a green sheet and resol ution . ""Expenditure Threshold is a combined total of lobar and materials, including materials provided by the City. I/the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cast increases. Vendor Name 1. Gene ral Utility Pipe & Suppl y LL C 2. Con solidated Pipe & Supply Co . IN C. 3. Po rt City Pipe INC. QUOTES $ 142,093.51 $ 142,839.75 $ 175,982.88 Check any applicable boxes: D State Contract □ ALDOT □ Pu rc hasing Group D So le Sou rce (Attach Sole Source Jus tifi cation) ITEM OR SERVICE INFORMATION Vendor Quote 1. What item or service do you need to purchase? Mate r ial (Pi pe, Fi tt ing s for infrastru ct ure replacement) 2 . What is the total cost of the item or service? $142 ,093 .5 1 3 . How many do you need? (4 2 Ite m s) See attached mate ri a ls l ist/quote 4. Item or Service Is : ~ Ne w □ Used □ Replacement □ An n ual Requ es t 5 . Vendo r Name (Lowest Quote): General Utility Pipe & Supply LLC 6. Vendor Number: 22481 If you d o no t ha ve a Vendo r Numb er, please go to th e City of Fairhop e p age : www.FairhopeAL.gov, Depa r tme nts, Purchas ing, Vendor Registratio n, a nd complete the req uired info r m ation . BUDGET INFORMATION 1. Is it budgeted? cg] Ye s □ No □ Emergency Reque st 2. If budgeted, what is the budgeted amount? $500,000 3 . Budgetcode :59500 Email completed form with quotes and other supporting do cumentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunninqham@FairhopeAL.gov. PUR-004 • 082522 Page 237 of 271 C O N S O L I D A T E D P I P E A N D S U P P L Y Q U O T E C O . , I NC . C U S T O M E R 4180 Hall Mill Road PO Box 191057 Quote Nbr: 370659 000 Quote Date: 11 /09/2023 Mobile AL 36693 0029 -MICHA LAMBERT Office 251-666-6691 WATS 800-699-6691 Fax 251-666-5311 350133 -FAIRHOPE CITY OF WATER & SEWER PO BOX 429 Job: CAST IRON PHASE 1 Engineer: Bid Date: FAIRHOPE 11/09 /2023 Good Until: 12/09 /2023 To: MICHA FAIRH OPE AL 36533 Email: MICHA.LAMBERT @CPSPIPE.COM Qty 24500.0 21. 0 6000.0 60.0 100.0 1.0 15 .0 1.0 18.0 18 .0 16.0 1.0 Item Size/Wall/Description 208331 2 DRISPLX SDRll PE2708 6500 GAS PIPE 500 812440 2-3/8 OD .154 TF API-5L X52 ERW DRL PEB 731010 4 DRISPLX SDRll.5 PE2708 6500 GAS PIPE 500 245513 #12 YELLOW TRACING WIRE 500 255549 DRYCONN DIRCT BURY LUG YELLOW 90120 BAG 5 90408 2 STD SA234WPB SMLS 90 LR EL 08 2 56878 4 MTD EF 90 TR10485-D PE3408/4710 SNGL PIN 94522 4 STD SA234WPB SMLS 90 LR EL 08 200065 2 PERPIPE SDRll 2708 BF TEE 200067 4 PERPIPE SDRll 2708 BF TEE 212583 4X2 PERPIPE SDRll 2708 BF RED 110154 1 STD SA234WPB SMLS CAP 06 Price 1.15 FT 8.50 FT 4.25 FT 55.00 EA 38.00 EA 16.0 0 EA 125.00 EA 6.00 EA 7.00 EA 18.00 EA 8.50 EA 16.00 EA Page 1 Extended Price 28,175.00 178.50 25,500.00 3,300.00 3,800.00 16.00 1,875.00 6.00 126.00 324.00 136. 00 16.00 Page 238 of 271 C O N S O L I D A T E D P I P E AND S U P P L Y CO., INC. C U S T O M E R Q U O T E Quote Nbr: 370659 000 Quote Date: 11/09 /2023 Page 2 Qty Item Size /Wall/Description Price Extended Price 1.0 130351 2 STD SA234WPB SMLS CAP 06 22.00 EA 22.00 10.0 201506 2 FB 06 DI MJ CAP L/ACC 60.00 EA 600.00 5.0 228419 4 CDI 06 MJ CAP L/ACC 35 .00 EA 175.00 3.0 212586 4 PERPIPE SDRll 2708 BF CAP 8.50 EA 25.50 2 .0 90480 6 STD SA234WPB SMLS CAP 08 60.00 EA 120.00 35.0 226351 2 KEROTEST SDRll 2406 POLYV 68.00 EA 2,380.00 99042011 1.0 215272 2 BALLOMAX 2BMW285PLFPCB14S 325.00 EA 325.00 WXW BV 5.0 228524 4 KEROTEST SDRll 2406 /2708 255.00 EA 1,275.00 POLYV 99044011 41. 0 254386 5-1 /4 B&T P5B18G104 #18 VAL BX 98.00 EA 4,018.00 104 GAS 1824 PLST 1.0 202316 2 MUL H17500 NO BLO TEE 98.00 EA 98.00 1 .0 245804 2X7 SB EZ28A7UMG BOLTED RESTR 202.00 EA 202.00 CPLG ESP 1.0 231106 4 SB EZ48459B7UMG PE MAXI 350.00 EA 350.00 GRIP CPLG 200.0 245428 2 CENTRAL 3408 /4710 EF CPLG 8.00 EA 1,600.00 360000920 85.0 216135 4 CENTRAL 3408/4710 EF CPLG 24.00 EA 2,040.00 360000936 1.0 215306 2 SB EZ25239B7UMG CIXSTL CPLG 325.00 EA 325.00 20.0 245800 2X7 SB C19008 STIFFNER ESP 19.00 EA 380.00 Page 239 of 271 C O N S O L I D A T E D P I P E AND S U P P L Y CO., INC. C U S T O M E R Q U O T E Quote Nbr: 370659 000 Quote Date: 11/09 /2023 Qty 2.0 1.0 1.0 1.0 6.0 3.0 1.0 26000.0 52.0 321.0 321.0 321.0 39.0 Item Size /Wall/Description 215306 2 SB EZ25239B7UMG CIXSTL CPLG 231106 4 SB EZ48459B7UMG CIXPE MAXI GRIP CPLG 213747 1 MUL Hl 7190 LINE STP FTG 200154 2 MUL Hl7165 LINE STP FTG 200152 2-1 /4 MUL Hl7165 LINE STP FTG 200215 4 MUL Hl7266 LINE STP FTG 221679 6 MUL Hl7260 LINE STP FTG 208584 3 /4 DRISPLX SDRll PE2708 6500 GAS PIPE 500 245513 #12 YELLOW TRACING WIRE 500 244332 3 /4X3/4 CENTRAL SDRll 2708 PBR 360000107 243386 3 /4 RUB BRASS MTR STOP W/LW S80E41 245141 2X3/4 SERV KIT TT W/1100 FLOW EFV 245252 4X3 /4 SERV KIT TT W/1100 FLOW EFV Total: Price 325.00 EA 35.00 EA 60.00 EA 750.00 EA 750 .00 EA 1,425.00 EA 1,650.00 EA 0.38 FT 55.00 EA 28.50 EA 13.25 EA 75.00 EA 85 .00 EA Page 3 Extended Price 650.00 35 .00 60.00 750 .00 4,500.00 4,275 .00 1,650.00 9,880.00 2,860.00 9,148.50 4,253.25 24,075 .00 3,315.00 142,839.75 Page 240 of 271 ~-~~Jx ~JJ;r6 ~t~81g, INC. 921 DYKES ROAD SOUTH 36608 MOBILE , AL 36608 us Voice : 251-633-6921 Fax : 251-607-0358 Quoted To: FAIRHOPE GAS DEPT , CITY OF P .O. BOX 429 FAIRHOPE , AL 36532 Customer ID FAIRHOPE GAS DEPT Q Quote Number: 11082023-DCS-1 Quote Date : Nov 8 , 2023 Page : 1 Good Thru Payment Terms Sales Rep 12/8/23 Net 30 Days CORY Quantity Item Description Unit Price Amount 24 ,500 .00 GP-2-2406-500 2 IPS GAS TUBE PE 2708 X 500 FT ROLL 1.39 34 ,055 .00 6,000 .00 GP-4-11-2406-500 4" IPS GAS TUBE SOR 11 PE 2406 X 500 4 .99 29 ,940 .00 FT ROLL 30 ,000 .00 W IR E-YEL-12-SOLID TW-12 SOLID YELLOW WIRE IN 500 FT 0.45 13 ,500 .00 ROLL 100 .00 DRY-CON-LUG# 90120 CONNECTOR WIRE LUG DIRECT BURY , 53 .37 5,337 .32 YELLOW ( 5 PER PACK ) DRYCON # 90120 15 .00 CP-BF-90-ELL-4-2406 4" IP S BF 90 Deg . ELL PE-2708 6912158 21 .28 319 .20 30 .00 CP-EF-CPL-4-2406 4" IPS ELECTROFUSION CO UPLI NG 38 .21 1,146 .30 PE2406 #5757008 ,#360000937 18 .00 CP-BF-TEE-2-2406 2" IP S BF TEE PE -2708 6912135 13 .90 250.20 18 .00 CP-BF -TEE-4 -2406 4" IPS BF TEE PE-2708 SOR 11 /11 .5 29.00 522.00 #10012423 16 .00 CP-BF-RED-4X2-2406 4" X 2" IPS BF REDUCER PE-2708 31 .00 496 .00 6910025 22 .00 CP-BF-CAP-2-2406 2" IPS BF CAP PE-2708 691022200000 13 .09 287 .98 3 .00 CP-BF-CAP-4-2406 4" IPS BF CAP PE-2708 691042200000 16.46 49 .38 35 .00 VAL-3425 2" IP S SDR-11 POLYVALVE PE2406 FULL 102 .00 3,570 .00 PORT# 2-84111 5 .00 VAL-3432 4" IPS SDR-11 REDUCED PORT 237 .19 1,185 .95 POLYVALVE PE2406 ,NORDSTROM# 84211 1.00 BALON -2 R-US13-BW 2" 150/285 WP, WELD X WELD STEEL 275 .00 275 .00 BALL VALVE , REDUCED PORT W/ LOCK PLATE , 2R-US13-BW Subtotal Continued Sa les Tax Continued TOTAL Continued Page 241 of 271 ~-~~Jx ~JLr6 ~lf8~' INC. 921 DYKES ROAD SOUTH 36608 MOBILE , AL 36608 us Voice : 251-633 -69 21 Fa x : 251 -607 -0358 Quoted To: FAIRHOPE GAS DEPT , CITY OF P .O . BOX 429 FAIRHOPE , AL 36532 Customer ID FAIRHOPE GAS DEPT Good Thru Payment Terms 12 /8/23 Net 30 Days Quote Number: 11082023-DCS -1 Quote Date : Page : Nov 8 , 2023 2 Sales Rep CORY Quantity Item Description Unit Price Amount 41 .00 VB-PL-P202-GAS 2 1/2" DIA LID X 22 "-36 " SLIDE 200 82 .68 3,389 .88 SERIES PLASTIC VALVE BOX , W /GAS LID B&T 1.00 CP -TRN-W-2X2 -Y 2" PEW X 2" TRANSITION FITTING 36 .18 36 .18 PE2406 ,650020200000 1.00 CP -TRN-W-4X4-Y 4" PEW X 4" TRANSITION FITTING 207 .08 207 .08 PE2406 , # 6500891 200 .00 CP-EF -CPL-2-2406 2" IPS ELECTROFUSION COUPLING 16 .09 3,218 .00 PE2708 #360000921 85 .00 CP -EF -CPL-4-2406 4" IPS ELECTROFUSION COUPLING 38 .21 3,247 .85 PE2406 #5757008 ,#360000937 2 .00 SB-CPL-EZ-2 .25I X 2 2 1/4 "Cl TO 2" IPS STEEL , MAXI -GRIP 621 .34 1,242 .68 EZ REDUCING CLPG , RESTRAINED , #EZ27239B7 UMG 2.00 SB-STIFFENER-2. 75 2 .75" X 7" LG STIFFENER# 32 .00 64 .00 1.00 SB-EZ-TRN-4 Cl X4 4 "Cl TO 4" IPS , PE SDR -11 , E-Z TRANS 411 .18 411 .18 REDUCING CLPG ( 4 .80 X 4.50 ) 1.00 SB-STIFFENER-4-11 4" IPS , SDR-11 X 8" LG STIFFENER 79.49 79.49 26 ,000 .00 GP -3/4-2406 -500 3/4" IPS GAS TUBE PE 2708 X 500 FT 0 .50 13 ,000 .00 ROLL 26 ,000 .00 WIRE -YEL-12-SOLID TW-12 SOLID YELLOW WIRE IN 500 FT 0.45 11,700.00 ROLL 32 1 .00 CP-EF-TPT-2X .75 EFV 2" X 3/4" IPS EF TAP W / GASLOK STICK 78 .08 25 ,063 .68 1100 EFV -PE 2708 -#360020925 39 .00 CP-EF-TPT-4X . 75-2406 4" X 3/4" IPS EF TAP W / GASLOK STICK 80 .66 3,145 .74 1100 EFV -PE 2708 -#360020926 Subtota l 155 ,740 .09 Sales Ta x TOTAL 155,740.09 Page 242 of 271 ~-~~Jx ~JJ;Y6 ~l~8~' INC. 921 DYKES ROAD SOUTH 36608 MOBILE, AL 36608 us Voice : 251-633-6921 Fax : 251-6 07-0358 Quoted To: FAIRHOPE GAS DEPT , CITY OF P .O . BOX 429 FAIRHOPE , AL 36532 Customer ID FAIRHOPE GAS DEPT Quantity Item Good Thru Payment Terms 12/14/23 Net 30 Days Description 328 .00 CP-RIS-3/4X3/4-30-Y 3/4" X 3/4" RISER 30" X 30" PE2708 #6380282 , NEW# 360000107 ***INSTOCK READY TO SHIP*** Q Quote Numbe r: 11142023-DCS-4 Quote Date : Page : Nov 14 , 2023 1 Sales Rep CORY Unit Price Amount 34 .01 11 ,155.28 Subtotal 11 ,155.28 Sales Tax TOTAL 11,155.28 Page 243 of 271 ~-~~Jx~JJ;t6~~~8~' INC. 921 DYKES ROAD SOUTH 36608 MOBILE , AL 36608 us Voice : 251-633-6921 Fax : 251-607-0358 Quoted To: FAIRHOPE GAS DEPT , CITY OF P .O . BOX 429 FAIRHOPE , AL 36532 Customer ID FAIRHOPE GAS DEPT Quantity Item Good Thru Payment Terms 12/14/23 Net 30 Days Description 321.00 MS-JO MAR. 75-FIP-BV 3/4" FIPT BRASS BALL VALVE W/ Quote Number: 11142O23-DCS-3 Quote Date : Page : Nov 14 , 2023 1 Sales Rep CORY Unit Price Amount 28 .31 9 ,087 .51 LOCK-WING , JOMAR 175LWN 240-004B Subtotal 9 ,087 .51 Sales Tax TOTAL 9,087.51 Page 244 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Sherry Sullivan, Mayor SUBJECT: Purchase agreement and all closing documents related to the sale of the Property at the base of the Fairhope Municipal Pier (PPIN 15111) from the Fairhope Single Tax Corporation for a purchase price of $237,500.00; AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: Authorizes Mayor Sherry Sullivan, on behalf of the City of Fairhope, to execute a purchase agreement and all closing documents related to the sale of the Property at the base of the Fairhope Municipal Pier (PPIN 15111) from the Fairhope Single Tax Corporation for a purchase price of $237,500.00; and allocates funding out of the Municipal Capital Improvement Fund. BACKGROUND INFORMATION: The Fairhope Single Tax Corporation Directors recently voted to accept the City of Fairhope's offer to purchase the property at the base of the Fairhope Municipal Pier (PPIN 15111) for a purchase price of $237,500.00. Closing to occur no sooner than December 20, 2023; and deed to be prepared by Fairhope Single Tax Corporation, generally following FSTC's usual "Parks Deed" restrictions. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50482 Land/Right of Way Acquisition 0 $237,500.00 ($237,500.00) The Municipal Capital Fund has $237,500.00 available for this type of purchase. GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 245 of 271 For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Mayor Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 246 of 271 Page 247 of 271 Page 248 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Sherry Sullivan, Mayor SUBJECT: A Utility Connection Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC (Planters Pointe Publix Retail Center). AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: To execute a Utility Connection Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC (Planters Pointe Publix Retail Center) BACKGROUND INFORMATION: That the City Council has reviewed the form of the Utility Connection Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC (“the Company”) that will permit some of the lease space in the Retail Center of the Publix shopping center located at the Northwest Corner of Highway 181 and Highway 104 to open subject to Planning Commission Multiple Occupancy Project approval and other conditions set forth in the Agreement and permit the Company to defer payment of a portion of the Water and Sewer Fees owed for the Retail Center (as such fees are defined in the Agreement) until June 30, 2024, subject to the Company’s initial payment of an initial portion of the Water and Sewer Fees upon execution of the Agreement. That the public benefits to be achieved by this proposed action include the economic benefits for the Retail Center to open for business and allow the creation of retail service jobs and generation of sales tax revenues to the City, and that this Retail Center will serve the residents of the City and the surrounding community, all of which serve a valid and sufficient public purpose notwithstanding any benefit to any private business or person. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: Page 249 of 271 LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 250 of 271 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council has reviewed the form of the Utility Connection Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC (“the Company”) that will permit some of the lease space in the Retail Center of the Publix shopping center located at the Northwest Corner of Highway 181 and Highway 104 to open subject to Planning Commission Multiple Occupancy Project approval and other conditions set forth in the Agreement and permit the Company to defer payment of a portion of the Water and Sewer Fees owed for the Retail Center (as such fees are defined in the Agreement) until June 30, 2024, subject to the Company’s initial payment of an initial portion of the Water and Sewer Fees upon execution of the Agreement; AND BE IT FURTHER RESOLVED, that the public benefits to be achieved by this proposed action include the economic benefits for the Retail Center to open for business and allow the creation of retail service jobs and generation of sales tax revenues to the City, and that this Retail Center will serve the residents of the City and the surrounding community, all of which serve a valid and sufficient public purpose notwithstanding any benefit to any private business or person; AND BE IT FURTHER RESOLVED, that the City Council hereby approves said Utility Connection Agreement, and that Mayor Sherry Sullivan is hereby authorized to execute the Utility Connection Agreement substantially in the form shown, and with such non-substantive changes as Mayor Sullivan may approve. ADOPTED THIS 27TH DAY OF NOVEMBER, 2023 ___________________________________ Corey Martin, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 251 of 271 Utility Connection Agreement - Fairhope - Planters Pointe(9116775.4).docx Prepared by: Jennifer L Roselius, Esq. Hand Arendall Harrison Sale LLC Post Office Box 123 Mobile, Alabama 36601 Tel: (251) 432-5511 UTILITY CONNECTION AGREEMENT THIS UTILITY CONNECTION AGREEMENT (this “Agreement”) is made and entered into as of the as of the date fully executed by both parties (the “Effective Date”), between THE CITY OF FAIRHOPE, ALABAMA, a municipal corporation organized under the laws of the State of Alabama (“City”) and CORTE, CAVE/MITCHELL 1, LLC, an Alabama limited liability company (“Owner”). WHEREAS, Owner owns Lot 2 of the Northwest Corner of HWY 181-HWY 104 Subdivision as recorded on Slide 2725-E in the Office of the Judge of Probate of Baldwin County, Alabama (the “Master Property”); WHEREAS, on November 5, 2020, the City’s Planning Commission granted preliminary approval, subject to certain conditions, for a Multiple Occupancy Project (“MOP”) (Case SD 20.34) to be constructed on the Master Property and consisting of a retail center (the “Retail Center”), with up to 15 units available for occupancy; WHEREAS, on November 1, 2021, the City’s Planning Commission granted approval, subject to certain conditions, of the preliminary plat for the resubdivision of the Master Property into 9 lots (the “Preliminary Plat”) (Case SD 21.48), with the MOP and Retail Center to be situated on Lot 1, as shown on the Preliminary Plat (“Future Lot 1”); WHEREAS, as a condition to approval of the Preliminary Plat, the Planning Commission stated that the approval of final plat for the resubdivision of the Master Property (the “Final Plat”) will also serve as and satisfy the final approval requirements for the MOP; WHEREAS, due to tenant space needs, the Retail Center is currently designed to accommodate, and addresses have been assigned for, a total of 13 units in the Retail Center, some of which have been combined to create 11 spaces available for lease, all as more specifically described on Exhibit A attached hereto; WHEREAS, the shell of the Retail Center is substantially complete, building permits have been issued for 10 units (9 lease spaces) in the Retail Center, and leaving 3 units (2 lease spaces) for which building permits have not yet been issued, as shown on Exhibit A attached hereto; Page 252 of 271 Utility Connection Agreement - Fairhope - Planters Pointe(9116775.4).docx 2 WHEREAS, pursuant to the City’s ordinances and regulations, the City will not issue certificates of occupancy for any unit in an MOP until the Planning Commission grants final approval of the MOP, and the Planning Commission requires that all system development charges (SDC), installation/tap fees, and meter deposits for water and sanitary sewer systems (collectively, “Water & Sewer Fees”) be paid in full as a condition to final MOP approval; WHEREAS, Owner has not paid certain Water & Sewer Fees for the units in the Retail Center, and the amounts of Water & Sewer Fees owed for each unit are set forth on Exhibit A attached hereto; WHEREAS, Owner and the City desire for the sanitary sewer system servicing the Retail Center to be privately owned and maintained to the Connection Point (as defined below); WHEREAS, the water meter has been installed for one unit/lease space in the Retail Center and is available for connection to the City’s water and sewer system and service activation, subject to Final Plat approval, payment of the Water & Sewer Fees, and all other usual and customary inspections and requirements of the City for initiation of service; WHEREAS, the City has agreed that it will not withhold Final Plat and final MOP approval for the Retail Center based on the outstanding Water & Sewer Fees and that it will release Certificates of Occupancy for a limited number of lease spaces in the Retail Center, subject to Owner’s satisfaction of the Initial Payment condition set forth in this Agreement and Owner’s compliance with the terms and conditions hereof; and WHEREAS, permitting some of the lease spaces in the Retail Center to open for business in the Retail Center and deferring the remaining Water & Sewer Fees serves a valid and sufficient public purpose by allowing the creation of retail service jobs and generation of sales tax revenues to the City from the opened lease spaces while also allowing the Developer to generate rental income from those lease spaces to pay the outstanding Water & Sewer Fees; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby covenant and agree as follows: 1.Recitals. The foregoing recital clauses are true and correct in all respects and form an integral part of this Agreement, the same as if they were set forth in the numbered paragraphs hereof. 2.Initial Payment of Water & Sewer Fees. Upon execution of this Agreement, and as an express condition to the City’s approval of the Final Plat, including final MOP approval, Owner shall pay $6,500 in immediately available funds towards the balance of Water & Sewer Fees owed for the Retail Center (the “Initial Payment”). The City shall apply the Initial Payment to the balance owed for each unit in the manner shown on Exhibit A. If Owner fails to pay the Page 253 of 271 Utility Connection Agreement - Fairhope - Planters Pointe(9116775.4).docx 3 Initial Payment to the City within 3 business days after the Effective Date of this Agreement, this Agreement shall terminate and thereafter will be null and void. 3.Final Plat and MOP Approval. If the City receives the Initial Payment within the required timeframe, then the City shall waive the full payment of Water & Sewer Fees for the Retail Center as a condition to installation of the remaining 10 water meters and approval of the Final Plat, including final MOP approval. The Final Plat and final MOP approval remain subject to all other conditions and requirements of the City and other governing authorities and other parties who must join in such approvals and/or execute the Final Plat, including without limitation satisfactory inspections, posting of bond and preliminary acceptance by the City for the force main and all other portions of the water and sanitary sewer system that will be publicly maintained, and completion of all repairs and punch list items required by the City’s water and sewer department. 4.Certificates of Occupancy. Upon approval and recording of the Final Plat and receipt of the Initial Payment, the City shall waive the requirement of payment in full of the outstanding Water and Sewer Fees for the Retail Center (the “Remaining Water & Sewer Fees”) as a condition to issuance of certificates of occupancy for up to 7 lease spaces in the Retail Center. This waiver expires on the Due Date (as defined below). Issuance of certificates of occupancy will remain subject to all other inspections, fees, planning approvals, conditions and requirements of the City and any other governing authorities. In no event shall the City issue more than 7 certificates of occupancy for lease spaces in the Retail Center prior to receipt of the final payment of Remaining Water & Sewer Fees and all interest accrued thereon as described in Section 5, and the City shall not issue any building permits for buildings to be constructed upon the other lots shown on the Final Plat (future lots 2-9) prior to payment in full of the Remaining Water & Sewer Fees and all interest accrued thereon. 5.Final Payment of Water & Sewer Fees. From and after the date this Agreement is executed until the Due Date (as defined below), interest shall accrue on the Remaining Water & Sewer Fees at the lesser of (i) a rate of 5% per annum, calculated on the basis of a 360-day year, or (ii) the highest interest rate permitted by law. Owner shall pay the balance of the Remaining Water & Sewer Fees for the entire Retail Center in full, plus all interest accrued thereon, on or before June 30, 2024 (the “Due Date”). Owner may prepay all or any portion of the Remaining Water & Sewer Fees before the Due Date without penalty, provided that any prepayment shall be applied first towards payment of accrued interest and second towards prepayment of the Remaining Water & Sewer Fees. In addition to any other remedies, fines, interest, or penalties to which the City may be entitled by law or at equity, if the balance of the Remaining Water & Sewer Fees and all interest accrued thereon is not paid in full on or before the Due Date: (a) the City shall have no obligation to issue certificates of occupancy for additional lease spaces in the Retail Center, including for any of the 7 initial lease spaces described in Section 4 for which certificates of occupancy were not issued on or before June 29, 2024, until the balance of the Remaining Water & Sewer Fees and any interest accrued thereon has been paid in full; and Page 254 of 271 Utility Connection Agreement - Fairhope - Planters Pointe(9116775.4).docx 4 (b)any unpaid balance of the Remaining Water & Sewer Fees, plus interest accrued thereon through the Due Date, shall accrue interest from and after the Due Date until paid at the lesser of (i) a rate of 10% per month, calculated on the basis of a 30 -day month, or (ii) the highest interest rate permitted by law. 6.Additional Units Subject to Water & Sewer Fees. For the avoidance of doubt, if the units in the Retail Center that are combined into a single lease space are ever split into separate lease spaces, or if additional units are created within the Retail Center beyond the current 13 units, additional Water & Sewer Fees may be due for such additional lease spaces or units in accordance with the City’s ordinances and other applicable laws. 7.Maintenance and Operation of Private Sewer System. Subject to the City’s inspection, bonding, and acceptance requirements, the Owner and the City intend for the portions of the water system and sanitary sewer system serving the Retail System beginning at the Connection Points defined below and continuing to the point of connection to the City’s existing systems to be publicly owned and maintained. Upon receipt of the Initial Payment, the City shall waive any requirement of payment in full of the Water & Sewer Fees for the Retail Center, or any portion thereof beyond the Initial Payment, as a condition to acceptance for public maintenance and ownership. With respect to the water system, the “Connection Point” means the backflow preventer adjacent to each water meter. With respect to the sanitary sewer system, the “Connection Point” means the point at which the sanitary sewer system connects to the force main within the lift station at Manhole #17, as shown on the final as-built utility plans for the Retail Center. Owner shall own, operate and maintain all portions of the water system and sanitary sewer system within the interior of the Retail Center and continuing to the Connection Point for each system. If the Owner fails to properly operate and maintain the private portions of the systems, the City will have the right, but not the obligation, to enter upon any and all portions of the real property included in the Final Plat and/or the interior or exterior of the Retail Center to perform any repairs, replacements or necessary to keep the water system and sanitary sewer system functioning and in good working order and/or to prevent damage to the City’s public systems. In such event Owner shall immediately pay or reimburse all costs incurred by the City in connection with performing such work, including charges for labor, administrative costs and other internal costs of work at reasonable rates for the lower Baldwin County market. In addition to any other remedies, fines, interest, or penalties to which the City may be entitled by law or at equity, any such costs not paid within 20 business days after the City delivers an invoice and demand for payment therefor shall accrue interest until paid at the lesser of (i) a rate of 18% per annum, calculated on the basis of a 360-day year, or (ii) the highest interest rate permitted by law. Owner shall indemnify, defend (with counsel selected by the City), and hold harmless the City against all losses, claims, costs, damages or other amounts incurred or owed, including attorneys’ fees and costs, arising from or in connection with Owner’s operation, ownership and maintenance of the private portions of the water and sanitary sewer system serving the Retail Center and any damages to the City’s water and sanitary sewer system, including without limitation, the force main and other system infrastructure for the Retail Center that is accepted for public ownership and maintenance, caused by Owner’s failure to properly operate or maintain the private portions of the water and sanitary sewer system serving the Retail Center. Page 255 of 271 Utility Connection Agreement - Fairhope - Planters Pointe(9116775.4).docx 5 8.Non-Waiver. The failure of either party hereto to insist upon strict performance of any of the terms, covenants, or conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants, or conditions. 9.Captions; Pronouns. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. Whenever the context hereof admits or requires, words in the singular may be regarded as in the plural and vice-versa, and personal pronouns may be read as masculine, feminine, and gender neuter. 10.Severability. Invalidation of any of the provisions contained in this Agreement shall in no way affect any of the other provisions hereof or the application thereof to any other person or entity, and the remainder of this Agreement shall remain in full force and effect. 11.Binding Effect; Runs with Land. This Agreement runs with the land, may be recorded in the Office of the Judge of Probate of Baldwin County, Alabama, and is a continuing lien and encumbrance upon the Master Property. The terms of this Agreement shall inure to the benefit of and be binding upon the parties hereto and, with respect to Owner, its successors and assigns which become owners of the Master Property or any portion thereof. If and when the Final Plat, or any other subdivision plat subdividing the Master Property, is recorded, this Agreement will bind, run with the land, and constitute a lien and encumbrance upon the lot(s) on which the Retail Center and any privately owned and maintained portions of the water system and sanitary sewer system serving the Retail Center are located, and all other portions of the Master Property will be released from the obligations of this Agreement. 15.Applicable Law. This Agreement and all questions or claims arising hereunder shall be construed according to the laws of the State of Alabama, without regard to its choice of law provisions. 16.Counterparts. This Agreement may be executed in any number of identical counterparts, any or all of which may contain signatures of fewer than all of the parties but all of which taken together shall constitute a single instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 256 of 271 Utility Connection Agreement - Fairhope - Planters Pointe(9116775.4).docx 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives effective as of the Effective Date. CORTE, CAVE/MITCHELL 1, LLC, an Alabama limited liability company By:_______________________________________ Name: As Its: Date: STATE OF ALABAMA : COUNTY OF BALDWIN : I, the undersigned Notary Public, in and for said State and said County, hereby certify that _______________________, whose name as _____________________________ of CORTE, CAVE/MITCHELL 1, LLC, an Alabama limited liability company, 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 said instrument, s/he, as such __________________ and with full authority, executed the same voluntarily as and for the act of said municipal corporation on the day the same bears date. Given under my hand and official notarial seal this the ____ day of ________________, 2023. {SEAL} __________________________________________ NOTARY PUBLIC My Commission Expires:_____________________ Page 257 of 271 Utility Connection Agreement - Fairhope - Planters Pointe(9116775.4).docx 7 THE CITY OF FAIRHOPE, ALABAMA, a municipal corporation organized under the laws of the State of Alabama By:_______________________________________ Sherry Sullivan As Its Mayor Date: ATTEST: Lisa A. Hanks, MMC City Clerk STATE OF ALABAMA : COUNTY OF BALDWIN : I, the undersigned Notary Public, in and for said State and said County, hereby certify that Sherry Sullivan, whose name as Mayor of the City of Fairhope, Alabama, a municipal corporation organized under the laws of the State of Alabama, 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 said instrument, she, as such Mayor and with full authority, executed the same voluntarily as and for the act of said municipal corporation on the day the same bears date. Given under my hand and official notarial seal this the ____ day of ________________, 2023. {SEAL} __________________________________________ NOTARY PUBLIC My Commission Expires:_____________________ Page 258 of 271 Utility Connection Agreement - Fairhope - Planters Pointe(9116775.4).docx Exhibit A Retail Center Water and Sewer Charges Unit Address of Lease Space Building Permit(s) Installation/ Tap Fee SDC Water SDC Fire Line SDC Sewer Meter/ Vault Total W&S Fees Paid To Pay upon Execution To Pay at Due Date A 9867 State Highway 181 COM21-00480 $0 $8,000 $7,500 $12,000 $20 $27,520 $20,020 $500 $7,500 B 9869 State Highway 181 none $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 C 9871 State Highway 181 (not currently used) Combined with Unit B $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 D 9873 State Highway 181 COM23-000003 $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 E 9875 State Highway 181 COM23-000158 $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 F 9879 State Highway 181 COM22-000196 $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 G 9881 State Highway 181 (not currently used) Combined with Unit H $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 H 9883 State Highway 181 COM23-000023, COM23-000008 $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 I 9885 State Highway 181 COM23-000096 $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 J 9887 State Highway 181 COM23-000029 $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 K 9889 State Highway 181 none $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 L 9891 State Highway 181 COM23-000031 $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 M 9893 State Highway 181 COM23-000037 $0 $3,750 $0 $3,750 $20 $7520 $0 $500 $7020 TOTAL $117,760 $20,020 $6,500 $91,740 Page 259 of 271 ~~ ~~ (flt.BA~~ FROM : CITY OF FAIRHOPE AGENDA MEMORANDUM Nick Martin SUBJECT: Eastern Shore Repertory Theater Spring Play on the Bluff AGENDA November 27 , 2023 DATE: RECOMMENDED ACTION: Erin Langley , Eastern Shore Repertory Theatre Inc . requests approval to use Henry George Park from April 24 , 2024 -May 6, 2024 for the "11 th Annual Theater on the Bluff' to present the Andrew Lloyd Webber classic "Cats " for three performances . In addition , they request usage of the City 's barr icades and to have the C ity employees ass ist in the setup and removal of the barricades . BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE : Account No. Account Title Current Budget Cost $ $ -- GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up : lndividual(s) responsible for follow up: Available Budget ($_) Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 260 of 271 Jenny Wilson From: Sent: To : Subject: Attachments: Nick Martin Tue sday, November 14 , 2023 1 :00 PM Lisa A. Hanks , MMC; Jenny Wilson ESRT Spring Bluff Rental Packet ESRT Spring Play At The Bluff 2024 Complete.pdf Here you are! Let me know if you need anything else . Sincerely, Nick Martin Rental Facilities Assistant Fairhope Civic Center 251-929 -1479 Nicholas.Martin@fairhopeal .gov 1 Page 261 of 271 City of Fairhope Approval Special Event Request 1 0 I 30 I 2023 I Date complete application submitted to Rental Facilities Department Event: Eastern Shore Repertory Theater Spring Play on the Bluff Person Requesting : Erin Langely Date of Event: 4/24/24-5/6/24 location : Henry George Bluff ~ Approval/Disapproval supporting documentation attached. Approval: Ste1Jha11ie Hott1'rtahead. 11/1/2023 . l_s_tep __ ha_nifa_Ho_lli_..ngh_,ea __ d(_Nov--l , __ 20_2J _tt:_i1s _co-'-T)-----Date :-----Appro x. security cost Police Chief/Designee $ 3,577.50 =d6=~'=e La=d (l\=·ov=2,=20=2J=l0=:39-=ED=T) _______ Date : _1_1_1_2_1_2_0_2_3_ Approx . cost city services $_2_, s_o_o_. 0_0_ Director of Public Works/Designee P=•'=f.~=c ·=w18:=,der,='N=o~=s · =2=309=~-=-=c=sn.____ ______ Date : 11/8/2023 Director of Community Events Disapproval: ______________ Date : ____ _ Police Chief ______________ Date : ____ _ Director of Public Works/Designee ______________ Date : ____ _ Director of Community Events D Route back to rental facilities department for application package finalization NOTES : They do an annual COLI . Will have another one is sued to cover the event in April 2024 Rev . 01/20 MS/CM Page 262 of 271 ctobcr 2 . 2023 Dear Fairhope 'ity Council .\l ember : Erin Laugle} Ea tern Shore Rxpenory Thea1rr l +IO Captain ":'\1,al DriH ' D aphne-. AL 36 -26 2 5 1 7.il-2 35 <'tinl , nglcy®me.cum On behalf of E tern "hore Repertory Thratre , I wo ulrl like tu ,1·holr-hcarrrdly thank th e :ity uf Fairhope. our it y .ouncil and .\l ayor. for yo ur upp rt of ou r ··Thralre 011 thr Bluff·· p rformance which have taken plac on th e H enry eor e Bluff inrc 20 I+. \ ,. haw grari u. ly appreci,ned the incrrdible attendance from our lo al communi t} ancl wr feel honored to h<' a part of a notl1er spr ial Fairhope tracli1ion . \ \"c hop that our mu iral. haY add d lo the ar • ti texture of Fairhop '. This year will be our ele\'enlh annual Th ea tre o n th e Blu ff cTen1. \\"e look forward to elrbrating with Fairhope and plan to prr ent th Andrt"\I Lloyd \\·ebb r da i . ··C at ._-· \\"e "ill haw a ra. t of 90 communit_ member . \\"e \\Ould hrdul three public performance : .\lay 2.+. 2 2+ with a rain date or po ible en orr p erformance on \fa) -th.\\' woukl a l o hold a pon .or imited dre rehear al o n .\lay I. Our reque t would hr ·imil ar lo pa t rent< I . \\'e would requr. t u ag from . .\pril 2 -".\la y . _Q2+. \\'e would ask for u ag of Lh e City·. barricade and lo hm · the :i1y t'mployr a . i~t in th . elup and r mm·al of the hani ade .. \ \'e "iU pay for police a . i tan e duri n, performa11 c . Than k you for your con id erati on! Ea tern hore Rep wo uld br thrille I to offer thi ani ti c opportunity to the' Ea tern Shor ! 'incerely. Erin Langlry Exe miw & rti . tic Dirrct01~ ~a tern Shore Rrp ·nory Theatre Page 263 of 271 APPLI CATIO OF FAIRHOP E PARKL A DS e. the under igned hereb apply for the use of certain facilitie at City of Fairhope Parkland , and in connection with said application. furnish the following : I. \: e \ i h l use : 2. Date Requested : 3. Rente r' . ame : 2<__ Hen ry Ge rge Park (park on bluffabo"e Fire Hall) (E) __ Fairhope Beach Pavilion ( & E) Park on outh End of Pie r (Sou th Bea h Park) (W 'E) Ap ri l 24-Ma y 6 , 202 4 Hours reque ted : from all day 10 --- Eastern Shore Repertory Theatre ----------- 4. Address : 1410 Captain O'Neal Drive it Daphne State : AL Zip: 36526 ----- 5. Phone 'umbers : obile : 251-751-2935 \ ork /Alt: 6. Purpos of se : J 1th Annual Theatre on the Bluff varo..s •~ a.-wa w, oe sma. cul ot aw !'!'"at•~ 80 c...rng avarlf'lg ,.rita,ru., p.b:c perforrnat1Ce1 of 500 • 7. 'umber of persons expected to attend (adul and minors): _ _ ____________________ _ Stage a1'd • 8. Describe any decorations. tents . sound equipment. taging . pon-o-let s. etc .: Mwp Dy Showbu Theatnul • tor hUng a'ICI sou!"ld and CHl ~-o ------ 9. \l ill you need electricity? Will you need water? X X es 0 es 0 Re lltal Showbiz, Soho , EZHau l ompany : ___________ _ For: pr oduction/light ing and sound For : general I D EMN ITY A D HOLD HARMLESS AGRE EM E T In consideration of the permission granted t me by the it) of Fairhope to use the parks. I hereb indemnif) and hold hannle the Cit of Fairhope , its agents. servants and employees from any and all claims and cause of action that ma) ari se from inju ry to me or third parties usi ng the park who are injured or s uffer proper!) damage that is in an , a) caused b my use of the parks . This indemnity and hold harmless agreement is given to the ity of Fairhope to protect the City and its agent . ser ant and emplo)ee from co t of defense and claims for injurie and damage that may be cau ed either directly or indirectly b) my u e of the parks . a.) At the conclusion of the event. the area will be in pe cted by a representative of the it . If the user has not cleaned up the park and restored it to its original on dition. the City\ ill cl an up the park and charge the u er for the ser ices . b.) II cancellations an or date chan ge must be in \ riling and sign d b the same person \ ho signed the application and paid the rental fees. and must be giYen 10 the Sit Manager not le s than Oday pr ior to the e ent. . o fee refund \ il l be made for cancell ations made less than 30 da s prior to the c ent. Fee refunds will be made b check . and deli ered b mail. le . s the co t of City ser ices . as assessed b the appropriate City staff for cleaning. or a 20% handling charge for cancellations . e the unders ig ned ha e read and understand the Ind emnit y Ag reeme nt. a \\ell as all rules and regulation s ontained in ity Ordi na nce 'o. 15 75 as set forth by the go erning bod of the Cit of airh ope and will abide by the se rule and regulations. , hich include but are not limited to the an ce ll ati on and Cle anin g policie s. e also under land that if. at any time . the City-appointed La\ Enforcement Personnel feel that said rules and regulations are not bein g folio\ ed. the function will be terminated . Date : 7 /17 /23 ---- City Personnel : +=c-£..-___ Date : j_~)n_ Ck. #: . lpp/1 011011 1g11 ed Dated r -0 I,/ lse011lr-/ V Permit fJepom Fee ~ _ E111 ered 111 (aim lur Page 264 of 271 City of Fairhope Park & Street Usage Charges (per city ordinance (No .. 1575, 1576, & 1486) Fairhope Civic enter. P.O. Ora\\er 429. Fairhope Al. 36 33 • (2 I) 9 9-14 9 /990-0130 (2" I ) 929-H67[Foxj ame: Eastern Shore Repertory Theatre (Erin Langley) ddre s: 1410 Captain O'Neal Dr, Daphne AL 36526 f . April 24-May 6 2024(13 Days ) Date o funct ion: Phone: 251 751 2935 o. in attendance: 500 + -------- Park Rental Fee: • tsO. per diem Street Rental Fee: 150. per diem Additional Hour -past allotted four hour:@ 75 per hour (X) on-profit organization; exempt from 50% rental fee . *Proof of 501 non-profit must be on file. Electric/Water Fee: (one tim e charge of 50 .) Refundable Clean-up Deposit: Balance Due: Refund Du e: ubtotal: 50% on-Profit Rate: $1950 $0.00 $3900 $5850 $2925 $50 .00 $1000 $3975 $0 *Refunds.for clean-up deposit to be mailed to address gii'en on rental application . three ll'eeks c!fter e1·e nt. • ates: Hourly fees assessed on a 8-hr/day basis. 13 Day Rental Date: 10 ( 3, d / l/:) Page 265 of 271 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/1 812023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED B Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcate holder is an ADDITIONAL INSURED, the poli cy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condltloni: of the policy, certain policies may require an endorsement . A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~AMi~ Sher_r:y Ha rris ------~~~~~~\~~n:, w:~:~nce Agency, Inc. ~~~Ex . 817-350""£468 _ _ ~ffc_.l!o : 817-3g-6981 Mobile AL 36606 it'll ss . SHarris@hl9.9inbolham.net IN SURED _ INSURER(!} AFFOR..QIN~E _ INSURfY,: G~depne El~Q£e .£om_pa n 1Nsu~ :.Quideo™£J_nsurE.nc~ Com any .1!!!!1!!.E'!..f :_ ~!.. 42_!!03_ Eastern Shore Repertory Theate r , I nc. P .O. Box 95 1 ~5031_ Fairhope AL 36533 INSURER O : lli_SUJ!.ER ~ : _ INSURER F : COVERAGES CERTIFICATE NUMBER: 659748812 REVISION NUMBER : THIS IS TO CER IFY THAT THE POLIC IES OF I SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITH STANDING ANY REQUIREMENT , TERM OR CONDIT IO OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE I SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEE REDUCED SY PAID CLAIMS . INSR LTR A TYP E OF INSURANCE X COMMERCIAL GENERAL LIABILITY --~ CLAIMS-MADE X OCCU R ---.._ GE AGGREGATE LI MIT APP .J ES PER: • --PRO-- --1 PO ICY _ JE CT LOC OTHER : B AUTOMOBILE LI AB ILITY ANY AUT O OWNED SCH ED U ED _ AUTOSON Y ~~~~SONLY -A~1'?8vmeo X-AUTOSO Y UMBRELLA LIAB OCCU R EXCESS LIAB ~-~S~E OEO RETENTION S WORKERS COMPENSATION AND EMPLOYERS ' LIABILITY ANYPROPRIETOR/PAR1'NERIEXECUTIVE OFF ICER/MEMBER EXCLUD ED ? I (Man datory In NH ) ~i;~,fi't°j'~ ~~PERATIONS below Y I N □ NI A POLI CY NUMBER 01-0015-787 41312023 00-1788-644 4/3/2023 4/3/2024 EACH OCCURRENCE ~TOR~ LI MITS S 1,000.000 ....fEEMISES Ea occurrence _£ 1,000,000 MED ~P (My°"" person.J_ S 5,0~_ ~so & ADV INJURY S 1,000 000 _ ~E ~Al ~GG~E-_ S 2.000,000 PRODUCTS -COMP /OP AGG S 2 000 ,000 _ s BODI Y l"IJ\JRY ,Per &cadent) S PROPERTY DA AG~ Per ~ 1,000 ,000 -_s __ PER _filTl,!!E 0 H• R EL EA CH ACCID!:N__ _§ §±_Q!SEASE ~L~E__ E .. DI SEASE • PO ICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATI ONS I VEHICLES (AC ORD 101, Additiona l Romar kt Schedule , may be 1t1ached If moll apa ce is roqulrod ) The General Liability policy include a blanket automatic additional insured e nd orsement that provides _additional insure d status a nd Gen~ral Liability policy i ncludes a blanket waive r of s ubrogation endorsement to the certificate holder only when there is a wn ten contract between the n amed insured and the certificate holder that requires such status . The City of Fairhope is Add itional Insured as respects General Liability if agreed in writing in a contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TH E ABOVE DESCRI BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE OF , NO TICE WIL L BE DELIVERED IN AC CORD ANCE WIT H THE POLICY PROVISIONS . Ci~ of Fairhope P .. Drawer 429 A;;ORIZED A0TATIVE Fairhope AL 36533 / --~ © 1988 -2015 ACORD CORPORATION. All rights reserved . ACORD 25 (201 6/03) The ACORD name and logo are registered marks of ACORD Page 266 of 271 CITY OF FAIRHOPE AGENDA MEMORANDUM FROM: Pedestrian and Bicycle Committee SUBJECT: Appointment Nominee – Johnny Prewitt - 3-Year Term AGENDA DATE: November 27, 2023 RECOMMENDED ACTION: Appoint nominee Johnny Prewitt to the Pedestrian and Bicycle Committee effective January 2024 to replace Chris Knight. Term will expire 2027. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 267 of 271 PEDESTRIAN AND BICYCLE COMMITTEE NOMINEE 3-Year Term APP OINTMENTS Johnny Prewitt REAPP OINTMENTS The terms shall end January 2027. Page 268 of 271 Jenny Wilson From: Sent: To: Cc: Subject: Attachments: Bill, Jenny Wilson Tuesday , November 14 , 2023 12 :25 PM Bill Hall Lisa A. Hanks, MMC FW : Nomination of Johnny Prewitt to the P&B Committee Johnny Prewitt Pedestrian and Bicycle Committee Application -8-17-23.pdf We will place item on City Council Agenda for Monday, November 27 , 2023 . Thank you , o~ fAINtl. ~ I;.; ti\ dll',.5f,;~'h ~ 0~ {J~.CMC, MPA Assistant City Clerk Phone : 251-928-2136 Fax : 251-302-7552 Email :jenny.wilson@fairhopeal .gov P .O . Drawer 429 Fairhope , AL 36533 www .fairhopeal.gov From: Bill Hall <captbillhall@gmail.com> Sent: Tuesday, November 14, 2023 12:20 PM To: Jenny Wilson <jenny .wilson@fairhopeal.gov> Subject: Nomination of Johnny Prewitt to the P&B Committee Jenny, The Committee has reviewed Mr. Prewitt's application and voted that the City Council appoint him to the Committee. He will replace Mr. Chris Knight who will end his term in December of this year. We ask that the Council approve his appointment to the Committee effective January 2024. It is possible that you already sent his application for the Council for approval. I was gone for the October meeting and am trying to get my office together. Thanks, Bill Page 269 of 271 CITY OF FAIRHOPE APPLICATION FOR APPOINTMENT TO A CITY BOARD OR COMMITIEE City Council seeks to have diversity in making appointment to boards and committees. It is the policy of the City Council to make appointments based on the needs of the City as well as the interests and qualifications of each applicant. In accordance with the Code of Alabama, all applicants must be qualified electors and taxpayers in the City, excluding the Planning Commission. All applications filed with the City Clerk will be public record. Please return this application to the Fairhope City Clerk at City Hall, 161 North Section Street, Fairhope, Alabama 3 6532 or mail to City of Fairhope, Attention Faimope City Clerk, P. 0. Drawer 429, Fairhope, Alabama 36533. PLEASE PRlNT CLEARLY Last Name: Prewitt First Name: J obnny Phone Number: ------------ Ce 11: 415-608-4442 Email: jpfromla@mac.com ------- Home Address: 210 S. Mobile St. #14 City: Fairhope State: AL. Zip: 36532 Business Address: S8ffl8. • ----------------------- City: ________ State: ___ Zip: ____ _ Name ofBoard or Committee : Pedestrian and Bicycle EDUCATIONAL BACKGROUND: B.A., Univesity of Alabama Master of Social Work, Univeristy of Alabama PROFESSIONAL LICENSES AND/OR ASSOCIATIONS: Licensed, Certified Social Worker, NASW (expired) Licsensed Realtor ( expired) PROFESSIONAL EXPERIENCE: Practiced Social Work at Mobile Mental Health Center, three years. Senior Technical Recruiter for various software development organi7.ations, 35 years experience Page 270 of 271 CMC JNTERESTS AND/OR SERVICE MEMBERSIDPS: ~ Volunteer "Court Appointed Special Advocate," Sworn Officer for Family Court, Mobile, Alabama. Volunteer, ESL teacher, Daphne Public Library. Occasional attendee and participant in Fairhope Pedestrian and Bicycle Committee meetings. Long term member "Marin Bike Coalition", formerly. Former Boy Scoot Leader, Troop 37, Corte Madera, California Y :u1,.. T ........ _......,. "'"""'-_..,,,... HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS OF THE COMMUNITY? As life long cyclist I bring years experience advocating for pedestrian and bicycle safety. Experience in cycling safety is.mes, temporary route planning and dealing with local agencies. My experience, though minimal, with the Fairhope Pedestrain and Bicycle Committee bas provided insight into bow the committee functions and the challenges it faces. 8/15/23 II Page 271 of 271