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City Council_Regular Session_Packet_08_14_2023
CITY OF FAIRHOPE CITY COUNCIL WORK SESSION AGENDA MONDAY, 14 AUGUST 2023 – 4:00 P.M. – CITY COUNCIL CHAMBER 1.Presentation on the Scope of Work for the HUD/EDA Grant Project – the Building (K-1) Redevelopment to house HATCH by the K-1/HATCH Design Team. 2.Discussion of Gas Tax 3. Introduction to PFM Financial Advisors, LLC 4.General Government Budget Discussion and Capital Improvements 5.Committee Updates 6.Department Head Updates City Council Agenda Meeting – 5:30 p.m. on Monday, August 14, 2023 – City Council Chamber Next Regular Meeting – Monday, August 28, 2023 – Same Time Same Place 1 MUNICIPALITY GAS TAX CITY LIMITS GAS TAX POLICE JURISDICTION Bay Minette $0 .03 $0 .015 Daphne $0 .01 $0 .000 Elberta $0.03 $0.015 Foley $0.03 $0 .015 Gulf Shores $0.03 $0 .015 Loxley $0 .03 $0 .015 Magnolia Springs $0 .02 $0 .010 Orange Beach $0 .01 $0.005 Robertsdale $0 .01 $0.005 Silverhill $0 .01 $0.005 Spanish Fort $0 .01 $0.005 Summerdale $0 .02 $0 .010 Fairhope $0 .00 $0.00 Perdido Beach $0 .00 $0 .00 2 Legend WATER CITYNAME o .. , ........ □-LJ El>ena □,,;_ c::J ,o1e, □-□ ...... , LJ MagnobSpri ... , □°"""□""-.. "" LJ Robort,d,lo c:::::J sawm• LJ S,.nlohFon LJ Summe«!olo D .__,_201•_~06 LJ BALD'MNOUnJNE Z.iGIS\8,N.:.....-1.a,.cw.-..-..... --- 2Qlt-Ql-2l~lu---lCC.-.12GII012110.....Tult-..- Baldwin County Highway Department Gasoline Tax Rate in Baldwin County Towns 3 i I HB254 ENROLLED / I ) 1 2 YKG06N -3 By Representative Clouse ACT #2023 -;Jii; 3 RFD: County and Municipal Government 4 First Read : 04-Apr-23 5 2023 Regular Sess ion MA.Y 2 4 2023 RECE.NcO ••OR'S OfrlC Q\/E.R,, P age 0 4 1 2 Enrolled, An Act, 3 4 HB254 Enrolled 5 A BILL 6 TO BE ENACTED 7 AN ACT 8 i 9 Relating to municipa l ities a n d count i es ; to require all 10 motor fuel taxes levied by municipalities and counties after 1 1 t h e effective date of this act to be used only for road and 12 bridge purposes with certain exceptions. 13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 14 Section 1. Exce pt for those taxes on motor fuels that 15 are levied or that may be levied by a county or municipality 16 pursuant to a local law or general law of local application 17 that is in effect on the effective date of this act, all taxes 18 on motor fuels, as defined in Section 40-17-322, Code of 19 Alabama 1975, whethe r called an excise tax, license tax, o r 20 otherwise, levied by a municipality or county after the 21 effective date o f this act may be used only for the cost of 22 administering the tax, cost of construction, reconstruction, 23 maintenance, mass transit , and r epa ir of roads, bridges, and 24 rights -of-ways, cost of traffic regulation, and the cost of 25 enforcing tra ffic and motor vehicle laws . 26 Section 2. All laws or parts of l aws which conflict 27 with this act ar e repealed. 28 Section 3 . This act shal l become e ff ective on the first Pa ge 1 5 .... HB254 Enrolled 29 day of the third month following its passage and approval by 30 the Governor , or its otherwise becoming law. Page 2 6 ' ... # • 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 HB254 Enrolled Speake r of the House of Representa t ives President ~er of the Sena t e House of Representatives 49 I hereby certify that the within Act originated in and 50 was passed by the House 02-May-23, as amended. 51 52 53 54 55 56 5 7 58 59 60 61 62 63 64 65 Joh n T re a d well C le rk Senate _______ 1_8_-_M_a_.._y_-_2_3 _____ _ Passed House 23-May-23 APPROVED TIME Co n curred in Sena t e Am e ndmen t 5 . __ 7'0 -dfJ.~.._")J /0 .-Jo __ a~ ------~-J/ ____ /4_~ ___ _._.Alabama Secretary Of State GO~R Act Num .... : 2023-288 Bill Num ... : H-2 54 Recv'd 05/30/23 03:07pmSLF Page 3 7 LOU.Se... \ 1 ►PONSORS I HEREBY CERTIFY THAT THE RESOLUTION AS REQUIRED IN SECTION C OF ACT NO . 81-889 WAS ADOPTED AND IS ATTACHED TO THE BILL , H . B ·--=a::::...,.5=-..,,4-__ _ YEAS \D4:: NAYS __:,0~-- JOHN TREADWELL, Clerk I HEREBY CERTIFY THAT THE NOTICE & PROOF IS ATTACHED ' TO THE BILL , H .B . _____ _ AS REQUIRED IN THE GENERAL ACTS OF ALABAMA, 1975 ACT NO . 919. I JOHN TR.EADWE~L. Clerk CONFERENCE COMMITTEE House Conferees ---------1 I DATE: RD 1 RFD 202..~ This Bill was referred to the Standing Committee of the Senate on and was acted upon by such Committee in session and is by order of the Committee returned therefrom with a favorable report w/amend(s) f1 w/sub g by a vote of d-abstain 0 ~~~'".J.r:~:!t,L .t-.. ~n_r.___-::.20 ,23 --,.~~~l::::=;-.£:;;;~1"'1----• Chair 2~1 RD 2 CAL DATE: 20_ RE-REFERRED 0 RE -COMMITTED 0 Committee ----------- I hereby certify that the Resolution as required in Section C of Act No . 81-889 was ado1'd ppd is attached to the Bill, HB S't_ . YEAS 3~ NAYS 0 PATRICK HARRIS, Secretary FURTHER SENATE ACTION ( OVER) 8 DRAFT 0 pfm Fairhope, Alabama Introduction to PFM Financial Advisors LLC August14 ,2023 PFM Financial Advisors LLC 116 Jefferson Street South 256.419.2911 Suite 301 pfm.com Huntsville, AL 35801 9 0 PFM Financial Advisors Alabama Team ©PFM Joshua McCoy Managing Director Huntsville , AL Series 50 Licensed 15+ years of capital markets experience Graduate ALI (Class 2) mccoyj@pfm.com Ricardo Callender Director Memphis , TN Series 50 Licensed 9 years of capital markets experience callenderr@pfm .com Marcie Lewis Senior Managing Consultant Huntsville , AL Series 50 Licensed 20+ years of capital markets experience lewism@pfm .com Brooke Baldwin Analyst Huntsville , AL Series 50 Licensed baldwinb@pfm .com 2 10 0 PFM Financial Advisors LLC Overview ©PFM Nation's #1 ranked Independent Financial Advisor+ • Leading financial advisor to state and local governments in the nation and advised on over $59 billion of bond issuance in 2022 . :i: 2022 Full Year Overall Lon g Term Municipal New Issues Municipa l Financ ial Advisory Ranking -Fu ll Cred it to Each Fin ancial Advisor Source : lpreo #issues $ in millions PFM 652 Public Resources 145 46,856 Hilltop Securities 614 26 ,350 Frasca & Associates 46 20 ,803 Acac ia Fin Grou p 108 13,970 Estrada Hinojosa 53 11 ,679 Piper Sandle r 186 Backstrom Mc Carley 22 Montague DeRose 27 7 ,036 Sycamore Advisors 13 -6,2 59 :j:Source: lpreo as of December 31, 2022 59 ,81 3 PFM 's First Place Ranking Overall Long Term 1998 -2022 Yea r Par A mount Number of (rrillions) Transactions 2022 59,813 652 2021 71 ,889 951 2020 76,160 924 2019 76,313 1 ,005 2018 63,557 796 2017 84,286 928 2016 94,660 1 ,193 2015 81 ,973 1 ,042 2014 70,048 855 2013 68,045 824 2012 79,032 957 2011 56,072 804 2010 90,501 1 ,067 2009 87,986 984 2008 69,794 842 2007 65,301 779 2006 53,572 803 2005 51 ,123 979 2004 43,693 892 2003 46,013 961 2002 37,904 902 2001 35,111 905 2000 21 ,003 585 1999 12,265 410 1998 13,963 424 Source : lpreo 3 11 0 Dedicated Professionals • Our national presence includes 31 locations across the U.S ., with a local office in Huntsville to support Alabama clients. • This proximity gives us a better understanding of the local issues and problems affecting our clients , as well as providing the day-to-day contacts needed to properly meet their needs. Our national reach allows us to access new ideas and best practices . ©PFM 4 12 0 PFM's Alabama Practice • Operated an Alabama financial advisory practice since 2001 , providing an intimate understanding of the public finance and deb t issuance process for Alabama issuers • Have advised on 61 transactions totaling over $6 billion of bonds issued in Alabama , since 2017 • Maintains vigilance over state legislative issues affecting local public finance issuers • Awarded Innovative 2022 Deal of the Year by the Bond Buyer for serving as financial advisor to the Alabama Federal Aid Highway Financing Authority • Servi ces provided to AL clients include: • debt affordability analysis • capital improvement planning • credit rating management• budget consulting• transaction management • pricing advisory ©PFM PFM is a major participant in the Alabama public finance industry Select Alabama Issuers that have chosen PFM* State of Alabama City of Opelika ----► Opelika Power Board Huntsville, City of Huntsville Madison County Airport Authority Huntsville Utilities University of North Alabama - -Auburn , City of Lee County Board of Education ----► Auburn Water Works Board -- Auburn University University of South Alabama ------ Tuscaloosa City Schools 1 University of Alabama in Huntsville -- US Space and Rocket Center I Tuscaloosa County Road Improvement Commission -- Mobile County I Mobile , City of - Gulf Shores Utilities Muscle Shoals Electric Board Huntsville Solid Waste Disposal Madison County Communications ~thority I District * No te : Repr esentative lis t of PFM's past and current financial advisory clients 5 13 0 Premier Water and Wastewater Practice • Unmatched water and sewer expertise with a national breadth of experience • Our financial advisory team has served as financial advisor to water, wastewater, and infrastructure revolving funds in over 20 states and territories • PFM employs personnel for water and sewer clients that includes prior CFOs of utilities , rating analysts , investment bankers , and federal employees • PFM has been the top-ranked financial advisor for Water, Sewer, & Gas Long-Term Municipal New Issues for 21 of the last 22 years • PFM expertise extends to all aspects of utility finance • Debt structuring and optimization • Credit expertise and rating matters • Innovative funding options -SRF, public-private funding , federal initiatives • Regulatory and Environmental Compliance -financing of Consent Decrees • Financial Modeling (Synario) ©PFM 2022 Full Year Water & Sewer Long Term Municipal New Issues Mu nic ipal Fin an cial Adv is o ry Rankin g -Full Cred i to Ea ch Fin ancial Adv is o r Source: ~reo # iss ues $ 11 milions PFM 63 Hilltop Securities 65 Public Resources 11 2,315 Frasca & Associates 6 1,963 Baird 86 1,266 Lamont Financial 2 1,192 Montague DeRose 5 Masterson Mvisors 67 738 Hobbs , Ong 4 648 Special i;zed Pub Fin 51 596 3 ,176 5 ,786 6 14 0 PFM's Approach to Addressing the Requested Scope of Work • PFM would work with the City and its bond counsel to draft a recommended Plan of Finance based on several factors , including: Criteria Financing Goals & Objectives & Existing Bond Covenants Risk Exposure Efficiency Market Conditions ©PFM Considerations • What are the City's financing goals and objectives? • What are the existing borrowing covenants contained in existing bod documents and potential legal constraints (i.e. Additional Bond Tests requirements) • General Obligation vs. Revenue secured obligations • Days cash and liquidity policy considerations • What are the potential budgetary risks of the financing structure that may impact cash flow, ability to service new debt and customer rates and charges , etc.? • What are the potential liquidity risks of the financing structure? • Fixed vs. variable rate considerations • Based on expectations for future rates, is it better to pre-fund projects or finance them as expenditures are incurred via short-term financing , internal reserves or other sources? • Is it better to fund all at once for synergies on total cost of issuance? Or are multi- tranche financings or phased financings more appropriate? • Bank loans vs. public market vs. federal funding (i.e. SRF) considerations • Are we in a high or low interest rate environment and where are we in the interest rate cycle? How does the current inverted yield curve impact financing considerations? • What are relative value ratios for tax-exempt bonds and treasury rates? 7 15 0 Why PFM? Proven performance delivered by a local team that is committed to our clients and offers a state- of-the-art approach to partnering with clients to transform their world. ©PFM 8 16 0 PFM's Proposed Engagement Options • The City would be a valued client for PFM and the firm would be fully committed to providing a senior level team , including team members from our national utility practice , to the City • PFM 's goals is to be considered an extension of staff, serving as a strategic partner in evaluating and assisting the City if your short-and long-term capital planning , management of debt portfolio and other initiatives. We are agnostic as to how we are engaged but offer the following engagement options: Option 1 -One-Time Engagement Phase I: Plan of Finance Recommendation • 1 x proposed fee of $15 ,000 Phase 2: Transaction Execution • Bank Loan -$0.85 per $1 ,000 • Public Market -$1 per $1 ,000 • Fee minimum of $30 ,000 and maximum of $75 ,000 • Phase 1 fees would be credited towards transaction fee ©PFM Option 2 -Ongoing Relationship Annual Retainer • Annual retainer of $20 ,000 billed quarterly* • Includes Plan of Finance Recommendation Transaction Execution • Bank Loan -$.75 per$1 ,000 • Public Markets -$0.85 per $1 ,000 • Fee minimum of $20 ,000 and maximum of $75 ,000 *See Appendix for additional Scope of Services provided under a etainer 9 17 0 Sample Fees • The table below illustrates the fees the City would incur with either engagement option and at various borrowing types and amounts • Option 2 includes a full year of services that include the Plan of Finance assignment and assumes a single transaction in the first year Transaction Sale 1 x Engagement Retainer Engagement Size Type Plan of Transaction Fee Annual Annual Transaction Annual Finance (less Plan of Total Retainer Fee Total Finance fee) $25 Million Bank $15,000 $30 ,000-$15,000 $30,000 $20,000 $20 ,000 $40 ,000 Loan $25 Million Public $15,000 $30,000-$15,000 $30,000 $20,000 $21,250 $41,250 Markets $45 Million Bank $15 ,000 $38 ,250-$15,000 $38,250 $20,000 $33,750 $53 ,750 Loan $45 Million Public $15,000 $45,000-$15,000 $45,000 $20,000 $38,250 $58,250 Markets ©PFM 10 18 0 Appendix -Additional Services and Materials 19 20 0 PFM's Overall Partnership Approach* PFM considers ourselves an extension of our clients' staff, taking a client centric approach. We work alongside the team to advise, assist, and educate • Ongoing Policy Development • Develop and review policies based on current practices along with the best practices within the industry. • Examples: Debt Management , Pay-Go Funding , Cash Management , Credit/ Rating , etc . • Capital Budgeting & Debt Capacity/Affordability • Multi-year capital planning with functionality to project revenues , expenditures and the impact of capital projects and operational changes . • Debt Capacity analysis that factors in affordability and crediUrating metrics and ratios. • Debt Portfolio and Rating Management • PFM prepares a detailed debt profile for each of its clients and uses it to monitor for refinancing opportunities and track early redemptions . • PFM uses rating scorecards developed in house and modeled in line with rating agency criteria and use them to understand the credit strengths and weaknesses in order to help clients better understand the rating and the impact of proposed changes on the rating • Other Services as Requested* Policy Development *See proposed contract for full scope of services included under retainer engagement ©PFM Capital Budgeting 13 21 0 PFM's Transaction Advisory Services During any finan c ing trans a cti on, P F M serves as t he City's fiduciary to ensure best execution • New Issuance Analysis & Execution/Transaction Management • Be an active member for the development of the financing plan and provide recommendations on most efficient type of financing • Review bond/loan documents , including the Preliminary Official Statement , Term Sheets, Loan Agreement , etc. (if necessary) • Coordinate the credit rating agency presentations and discussions • Negotiate appropriate compensation for the Underwriter/conduct competitive sale • Provide a final report to the City detailing all the final interest rates , associated costs and net savings amount realized from any refunding • Coordinate with Bond Counsel to assist in facilitating a smooth closing • Continue to monitor the City's outstanding debt for any refunding opportunities • Bond Pricing Analysis • Negotiate the Underwriter's proposed interest rates on the bonds at pricing • Use current and historical market rates to ensure fair pricing is received • Dedicated Pricing Group provides market expertise on par with any Wall Street investment bank . On average , PFM 's Pricing Group is in the market 3 times a day. ©PFM Policy Development Transaction Management Pricing Analysis/ Benchmarking New Issuance Analysis/ Execution I 14 22 0 PFM's Dedicated Pricing Group • PFM 's Pricing Group: • Provides centralized access to market information and trends • Leverages our knowledge firm-wide for our clients ' benefit • Cultivates professional peer-to -peer relationships with underwriting desks • PFM utilizes an in-house proprietary pricing database that contains detailed pricing information of every single bond issue that has priced in Alabama year to date. ©PFM • This includes both PFM advised , and non-PFM advised bond transactions 15 23 0 Treasury Consulting Services* Choosing a banking provider and treasury services often requires significant staff time and experience. How do you know you 're using the appropriate services and getting the most value for cost? PFM 's treasury consulting services can improve treasury operations and simplify the process of rebidding banking services. ECONOMIC OPERATIONAL • Reduced banking fees • Identification of inefficiencies , costly processes , and possible • Higher earnings credit rates and control problems cash rebates on commercial cards • Implementation of best practices • Reduced deposit float • Evaluation of new banking • Improved liquidity management technologies Over the last 5 years, our clients have achieved average fee savings of 43% through competitive procurements for general banking services. *Subject to separate fee agreement ©PFM We work with our clients to develop a customized scope of work based on needs, objectives, and budget. • Organizational treasury review with report on findings • Banking services RFP creation and assistance • Service transition and implementation support • Ad hoc engagements including bank negotiation assistance and fee analysis 16 24 25 pfm 116 Jefferson St S Suite 301 Huntsv ill e, AL 35801 pfm.com DRAFT Kimberly Creech City Treasurer City of Fairhope, AL 161 North Section Street Fairhope, AL 36532 Dear Kim: 8/1 /2023 The purpose ofthis letter (this "Engagement Letter") is to confirm our agreement that PFM Financial Advisors LLC ("PFM") will act as financial advisor to the City of Fairhope, AL (the "City"). PFM will provide, upon request of the City, services related to financial planning, budget and strategic advice and planning, policy development and services related to debt issuance, as applicable and set forth in Exhibit A to this Engagement Letter. Most tasks requested by City will not require all services provided for in Exhibit A and as such the specific scope of services for such task shall be limited to just those services required to complete the task. PFM is a registered municipal advisor with the Securities and Exchange Commission (the "SEC") and the Municipal Securities Rulemaking Board (the "MSRB"), pursuant to the Securities Exchange Act of 1934 Rule 15Bal-2. If City has designated PFM as its independent registered municipal advisor ("IRMA") for purposes of SEC Rule 15Bal-l(d)(3)(vi) (the "IRMA exemption"), then services provided pursuant to such designation shall be the services described in Exhibit A hereto , subject to any agreed upon limitations. Verification of independence (as is required under the IRMA exemption) shall be the responsibility of such third party seeking to rely on such IRMA exemption. PFM shall have the right to review and approve in advance any representation of PFM's role as IRMA to City . MSRB Rules require that municipal advisors make written disclosures to their Citys of all material conflicts of interest, certain legal or disciplinary events and certain regulatory requirements . Such disclosures are provided in PFM's Disclosure Statement delivered to City prior to or together with this Engagement Letter. PFM 's services will commence as soon as practicable after the execution of this Engagement Letter by the City and a request by the City for such service . Any material changes in or additions to the scope of services described in Exhibit A shall be promptl y reflected in a written supplement or amendment to this Engagement Letter. Services provided by PFM which are not included in the scope of services set forth in Exhibit A of this Engagement Letter shall be completed as agreed in writing in advance between the City and the PFM. Upon the request of City, an affiliate of PFM or a third party referred or otherwise introduced by PFM and /or designated by the City may agree to additional services to be provided under a separate writing , including separate scope and compensation , between City and such affiliate or third party . 26 For the services described in Exhibit A , PFM 's professional fees will be paid as provided in Exhibit B . All fees shall be due to PFM within thirty (30) days of the date of invoice. In addition to fees for services , PFM will be reimbursed for necessary, reasonable out-of-pocket expenses incurred , including, but not limited to , travel, meals , lodging, telephone, mail , and other ordinary or extraordinary costs such as for graphics , printing, document production (including as required by a subpoena or other legal document or order), data processing and computer time which are incurred by PFM. Upon request of City, documentation of such expenses will be provided. This Engagement Letter shall be effective from August _, 2023 until October 31 , 2023. PFM shall not assign or transfer any interest in this Engagement Letter or subcontract any of the work performed under this Engagement Letter without the prior written consent of the City; provided that PFM retains the right to enter into a sale, merger, internal reorganiza ·on, or similar transaction invol ving PFM 's business without any such consent. All infonnation, data, reports , and records in the possession of the City or any third party neceSSfil'o/. for carrying out an Y. services to be performed under this Engagement Letter ("Data") shal be furnished to PFM. PFM may rely on the Data in connection with its provision of the se ices under this Engagement Letter and the provider thereof shall remain solely resJJonsible for the adequacy, accuracy and completeness of sucli Data. All notices and other cot unication required under this Engagement Letter will be in writing and may be sent by certified mail, return receipt requested, by nationally recognized courier, witB written verification of receipt, or by electroni mail. otices shall be addressed to the party for whom it is intended , at the addresses on. the first page of this Engagement Letter. All mate · als , exce t functioning or dynamic financial models , prepared by PR ursuant exclusively to this Engagement Letter will be the property of the City. Subject to the preceding exception, upon termination of this Engagement Letter, M will deliver to the City copies of any and deliverables pertaining to this Engagement Letter. The following employees of PFM will provide the services set forth in this Engagement Letter: Joshua McCoy, Marcie Lewis , Brooke Baldwin, Ricardo Callender, and Greta Englert. PFM may, from time to time, supplement or otherwise amend team members. The City has the right to request, for any reason , PFM to replace any member of the advisory staff. Should the City make such a request, PFM will promptly suggest a substitute for approval by the City. PFM will maintain insurance cov erage with policy limits not less than as stated in Exhibit C. Except to the extent caused by its willful misconduct, bad faith , 27 gross negligence or reckless disregard of obligations or duties under this Engagement Letter, PFM shall have no liability to any party under this Engagement Letter. PFM, its employees, officers and representatives at all times will be independent contractors and will not be deemed to be employees , agents , partners , servants and /or joint venturers of City by virtue of this Engagement Letter or any actions or services rendered under this Engagement Letter. Nothing in this Engagement Letter is intended or shall be construed to give any person, other than the parties hereto , their successors and permitted assigns, any legal or equitable rights , remedy or claim under or in respect of this Engagement Letter or any provisions contained herein. In no event will PFM be liable for any act or omission of any third party or for any circumstances beyond PFM 's reasonable control including, but not limited to ,ji.re, flood, or other natural disaster, war, riot , strike, act of terrorism , act of civil or military authority, software and/or equipment failure , computer virus , or failure or interruption of electrical , telecommunications or other utility services. This Engagement Letter shall be construed, enforced, and administered according to the laws of the State of Alabama. PFM and the City agree that, should a disagreement arise as to the terms or enforcement of any provision of this Engagement Letter, each party will in good faith attempt to resol v e said disagreement prior to pursuing other action . This Engagement Letter represents the entire agreement between City and PFM and may not be amended or modified except in writing signed by both parties . For the sake of clarity, any separa e agreement between City and an affiliate of PFM or a third party referred or introduced by PFM and/or designated by the City shall not in any way be deemed an endment or modification of this Engagement Letter. The invalidity in whole or in part of any provision of this Engagement Letter shall not void or affect the validity of any other provision . Please have an authorized official of the City sign a copy of this Engagement Letter and return it to us to acknowledge the tenns of this engagement. This Engagement Letter may be signed in any number or counterparts , eaeh of which shall be an original and all of which when taken together s 1all constitute one and the same document. Sincerely, PFM FINANCIAL ADVISORS LLC B y:------------ Joshua McCoy 28 Managing Director Accepted by: CITY OF FAIRHOPE, AL Authorized Signature Name Title Date 29 EXHIBIT A SCOPE OF SERVICES 1. Services related to the Plan of Finance recommendation for the City 's upcoming water projects: • • • • Review current debt structure, identifying strengths and weaknesses of structure so that future debt issues can be designed to maximize ability to finance future capital needs . This will include, but not be limited to , reviewing existing debt for the possibility of refunding that debt to provide the City with savings. Analyze future debt capacity to determine the City 's abi lity to raise future debt capital. Assist the City with the development of the City's financial planning efforts related to the water project by assessing capital needs , identifying potential revenue sources , analyze financing alternatives such as pay-as-you-go, lease/purchasing, short-term vs. long-term financings , assessments , user fees , impact fees , developer contributions , public/private projects and grants , and provide analysis of each alternative as required as to the budgetary and financial impact. Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical , economic, and financial risk factors affecting the marketability of any proposed revenue debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations, review and completion of such independent studies; and provide written comments and recommendations regarding assumptions , analytic met ods , and conclusions contained therein . Attend meetings with City's staff, consultants and other professionals and the City. • Assist the City in preparing financial presentations for public hearings and/ or referen -urns. • Analyze financial and economic factor s to detennine if the issuance of debt is appropriate. • Develop a financing plan in concert with City's staff which would include recommendations as to the timing and type of debt to be issued. • Advise as to the various financing alternatives available to the City. 30 • Develop alternatives related to debt transaction including evaluation of revenues available , maturity schedule and cash flow requirements. 2. Services Related to Debt Transactions (Includes short tenn financings ; notes , loans , letters of credit, line of cred it and bonds); provided that if the transaction is competi ti ve , the services of the financial advisor wi ll be modified to reflect that process. Upon the request of the City : • • • • • • Assist the City by recommending the best method of sale, either as a negotiated sale , private placement or a public sale. In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals , and provide advice and information necessary to aid in such selection . Evaluate benefits of bond insurance and /or security insurance for debt reserve fund. If appropriate, develop credit rating presentatioh and coordinate with the City the overall presentation to rating agencies. Review underwriter's'Proposals and submit a written analysis of same to the City . Assist the City in the proourement of other services relating to debt issuance such as printing , paying agent , registrar, etc. Identify key bond eovenant features and advise as to the financial consequences of provisions to be included in bond indentures , resolutions or other governing documents regarding security, creation of reserve funds , flow of funds, redemption provisions, atlditional parity debt tests , etc.; review and comment on success·ve drafts ofbond goverr ing documents . Review the requirements and submit analysis to bond insurers , rating agencies and other professionals as they pertain to the City's obligation . • Revjew the tenns , conditions and structure of any proposed debt offering undert ken b y tlie City and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability . • Coordinate with City's staff and other advisors as respects the furnishing of data for offering documents , it being specifically understood that PFM is not responsible for the inclusion or omission of any material in published offering documents. • As applicable , advise the Ci ty on the condition of the bond market at the time of sale , including volume, timing considerations , competing offerings , and general economic considerations . 31 • Assist and advise the City in negotiations with investment banking groups regarding fees , pricing of the bonds and final tenns of any security offering, and make recommendations regarding a proposed offering to obtain the most favorable financial terms based on existing market conditions. • Arrange for the closing of the transaction including, but not limited , to bond printing, signing and final delivery of the bonds . 32 EXHIBITB COMPENSATION FOR SERVICES 1. Plan of Finance Recommendation Project For development of a plan of finance recommendation, a one-time fee of $15,000 wi ll be billed upon completion and deli very of the final product. 2. Fixed Rate Transaction Fees (Competitive and Negotiated) For services related to implementing the recommended plan of finance a transaction will be billed at closing be billed at closing at the following rates: Bank Loans/LOC: Public Markets $0.85 per $1,000 of issuance* $1.00 per $1,000 of issuance* *Based upon Bond Proceeds and is subject to a minimum fee of $30 ,000 per, transaction and a not to exceed amount of $75 ,000 per transaction, le ss a $15 ,000 credit for work on the plan of finance. 33 EXHIBITC 34 PFM FINANCIAL ADVISORS LLC AGREEMENT FOR FINANCIAL ADVISORY SERVICES This agreement ("Agreement"), made and entered into this _ day of August, 2023, by and between The City of Fairhope, AL ("Client") and PFM Financial Advisors LLC (hereinafter called "PFM"), sets forth the terms and conditions under which PFM shall provide services. WHEREAS, Client desires to obtain the services of a financial advisor to develop and assist in implementing Client's strategies to meet its current and long-tenn operations, financial obligations, capital financing needs and render assistance in respect to debt transactions; and WHEREAS , PFM is capable of providing the necessary financial advisory services. NOW, THEREFORE, in consideration of the above-mentioned premises and intending to be legally bound hereby , Client and PFM agree as follows: I. SCOPE OF SERVICES PFM shall provide, upon request of the Client, services related to financial planning, budget and strategic advice and planning, policy development and services related to debt issuance, as applicable and set forth in Exhibit A to this Agreement. Client acknowledges and agrees that most tasks requested by Client will not require all services provided for in Exhibit A and as such the specific scope of services for such task shall be limited to just those services required to complete the task. Any material changes in or additions to the scope of serv ices described in Exhibit A shall be prompt1 y reflected in a written supplement or amendment to this Agreement. Services provided by PFM which are not specifically referenced in the scope of services set forth in Exhibit A of this Agreement shall be completed as agreed in writing in advance between the Client and PFM. Upon the request of Client, an affiliate of PFM or a t11ird party eferred or otherwise introduced by PFM and/or designated by the Client may agree to additional services to be provided under a separate writing, including separate scope and compensation, between Client and such affiliate or third party. II. WORK SC DULE The services of PFM are to commence as soon as practicable after the execution of this Agreement and a request by the Client for such service. III. REGISffERED MUNICIPAL ADVISOR; REQUIRED DISCLOSURES 1. PFM is a registered municipal advisor with the Securities and Exchange Commission (the "SEC") and the Municipal Securities Rulemaking Board (the "MSRB "), pursuant to the Securities Exchange Act of 1934 Rule l 5Bal-2. If Client has designated PFM as its independent registered municipal advisor ("IRMA") for purposes of SEC Rule 15Bal- 1 (d)(3)(vi) (the "IRMA exemption"), then services provided pursuant to such designation shall be the services described in Exhibit A hereto , subject to any agreed upon limitations . Verification of independence ( as is required under the IRMA exemption) shall be the Rev. 07.3 1.2023 35 responsibility of such third party seeking to rely on such IRMA exemption. PFM shall have the right to review and approve in advance any representation of PFM 's role as IRMA to Client. 2. MSRB Rules require that municipal advisors make written disclosures to their clients of all material conflicts of interest, certain legal or disciplinary events and certain regulatory requirements. Such disclosures are provided in PFM's Disclosure Statement delivered to Client prior to or together with this Agreement. IV. FINANCIAL ADVISORY COMPENSATION; REII\):BURSEMENT OF EXPENSES For the services provided under this Agreement, PFM's professional fees shall be paid as provided in Exhibit B to this Agreement and Client shall pay expenses and fees for other services not set forth in Exhibit A as provided below. All fees shall be due to PFM within thirty (30) days of the date of invoice. 1. Reimbursable Expenses In addition to fees for services , PFM will be reimbursed for necessary, reasonable, and out-of-pocket expenses incurred, including, but not limited to, travel, meals , lodging, telephone, mail , and other ordinary or extraordinary costs such as for graphics, printing, document production (including as required by a subpoena or other legal document or order), data processing and computer time which are incurred by PFM. Upon request of Client, documentation of such exP.enses will be provide 2 . Other Services Any services which are not included in the scope of services set forth in Exhibit A of this Agreement will be subject to separate, mutually acceptable fee structures . V. TERM'S AND TERMINATION 'F 1is Agreement shall be effective from August 15 , 2023 until July 31 , 2024 (the "Initial Term") an shall automatica ly renew for additional 1 year periods (each a "Renewal Term" and together with the Initial Term, the "Term", unless terminated in writing by either party upon thirty (30) days wi:itten notice to the other party. Upon any such tennination, PFM will be paid for all services perfonned and costs and expenses incurred up to the termination date. VI. ASSIGNMENT PFM shall not assign or transfer any interest in this Agreement or subcontract any of the work performed under the Agreement without the prior written consent of the Client; provided that PFM retains the right to enter into a sale , merger, acquisition , internal reorganization, or similar transaction involving PFM's business without any such consent. Rev. 07.31.2023 -2 - 36 VII. INFORMATION TO BE FURNISHED TO PFM All information, data, reports , and records in the possession of the Client or any third party necessary for carrying out any services to be perfonned under this Agreement ("Data") shall be furnished to PFM. PFM may rely on the Data in connection with its provision of the services under this Agreement and the provider thereof shall remain solely responsible for the adequacy, accuracy and completeness of such Data. VIII. NOTICES All notices and other communication required under this Agreement shall be in writing and may be sent by certified mail , return receipt requested , by nationally recognized courier, with written verification ofreceipt, or by electronic mail. Notices shall be sent to the parties at the following addresses , or to such other address as a party may furnish to the other party: CITY OF FAIRHOPE, AL 161 North Section Street Fairhope, AL 36532 Attention: Kim Creech PFM FINANCIAL ADVISORS LLC 116 Jefferson Street South, Suite 301 Huntsville, AL 35801 Attention: Managing Director IX. TITLE TRANSFER All materials , except functioning or dynamic financial models , prep ared b y PFM pursuant exclusiv ely to this Agreement shall be the property of the Client. Subject to the exception described above, UROn termination of this Agreement, at Client 's reasonable request no later than three (3) years after t termination of this Agreement, PFM shall deli v er to the Client copies of any deliverables pertainrn.g to this Agreement. X. PFM'S REPRESENTATIVES 1. Advisory Team The employees of PFM set forth below will pro v ide the services set forth in this Agreement ; provided that PFM may, from time to time, supplement or otherwi se amend the ad visory team members set forth below. A. Professional Staff • Marcie Lewi s • Joshua McCoy • Brooke Baldw in • Ricardo Callender Rev . 07.3 1.2023 -3 - 37 B. Administrative and Support Staff • Greta Englert 2. Changes in Advisory Team Requested by the Client The Client has the right to request , for any reason, that PFM replace any member of the advisory team . Should the Client make such a request , PFM shall promptly suggest a substitute for approval by the Client. XI. INSURANCE PFM shall maintain insurance coverage with policy limits not less than as stated in Exhibit C. XII. LIMITATION OF LIABILITY Except to the extent caused by its willful misconduct, bad faith , gross negligence or reckless disregard of its obligations or duties , PFM shall have no liability to any party under this Agreement. XIII. INDEPENDENT CONTRACTOR; NO THIRD-PARTY BENEFICIARY PFM , its employees, officers and representatives at all times shall be independent contractors and shall not be deemed to be employees, agents, partners , servants and/or joint venturers of Client by virtue of this Agreement or any action or services rendered under this Agreement. Nothing in this Agreement is intended or shall be construed to give any person, other than the parties hereto , their successors and permitted assigns, any legal or equitable rights , remedy or claim under OF in respect of this Agreement or any pro visions contained herein. In no event will PFM be liable for any act or omission of any third party or for any circumstances beyond PFM 's reasonable control including, but not limited to , fire , flood , or other natural disaster, war, riot, strike, act of terrorism , act of civil or military authority, software and /or equipment failure , computer vi rus , o failure or interruption of electrical, telecommunications or other utility services. XIV. APPLICABLE LAW This Agreement shall be construed, enforced, and administered according to the laws of the State of Alabama. PFM and the Client agree that , should a disagreement arise as to the tenns or enforcement of any pro vision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to pursuing other action. XV. ENTIRE AGREEMENT; SEVERABILITY This Agreement represents the entire agreement between Client and PFM and may not be amended or modified except in writing signed by both parties. For the sake of clarity, any separate agreement between Client and an affiliate of PFM or any third party referred or introduced by PFM and /or designated by Client shall not in any way be deemed an amendment Rev. 07.3 1. 2023 -4 - 38 or modification of this Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. XVI. EXECUTION; COUNTERPARTS Each party to this Agreement represents and warrants that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party. This Agreement may be signed in any number of counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same document. Rev. 07.3 1. 20 23 -5 - 39 IN WITNESS WHEREOF, Client and PPM hav e executed this Agreement as of the day and y ear herein above written. CITY OF FAIRHOPE, AL B y : -------------- Name: ------------- Title : ------------- PFM FINANCIAL ADVISORS LLC B y:------------ Name: ------------- Title: Managing Director ReY. 07.3 1.2023 -6 - 40 EXHIBIT A SCOPE OF SERVICES 1. Services related to the Financial Planning and Policy Development upon request of Client: • Assist the Client in the formulation of Financial and Debt Policies and Administrative Procedures . • • • • • • • • Rev. 07.3 1.2023 Review current debt structure, identifying strengths and weaknesses of structure so that future debt issues can be designed to maximize ability to finance future capital needs . This will include, but not be limited to , reviewing existing debt for the possibility of refunding that debt to provide the Client with savings . Analyze future debt capacity to detennine the Client's ability to raise future debt capital. Assist the Client in the development of the Client's apital Improvement Program by identifying sources of capital funding. Assist the Client with the development of the Client's financial planning efforts and process by assessing capital needs , identifying potential revenue sources , analyze financing alternatives such as pay-as-you-go , lease/purchasing, short-term vs . long-term financings, assessments , user fees , impact fees, developer contributions , public/private pro· ects , and grants and provide analysis of each alternative as required as to the budgetary and financial impact. Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical , economic, and mancial risk factors affecting the marketability of any proposed revenue debt issues~ provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations , review and completion of such independent studies; and provide written comments and recommendations regarding assumptions , analytic methods , and conclusions contained therein. Dev op ,,manage and maintain computer models for long-term capital planning which pro vide for inputs regarding levels of ad valorem and non-ad valorem taxation , growth rates by operating revenue and expenditure item , timing, magnitude and cost of debt issuance, and project operating and capital balances , selected operating and debt ratios and other financial performance measures as may be detennined by the Client. Conduct strategic modeling and planning and related consulting . Attend meetings with Client's staff, consultants and other professionals and the Client. -7 - 41 • Undertake financial planning and policy development assignments made by the Client regarding financings, and financial policy including budget, tax, cash management issues and related fiscal policy and programs. • Assist the Client in preparing financial presentations for public hearings and/ or referendums. • Provide special financial services as requested by the Client. 2. Services Related to Debt Transactions (Includes short tenn financings, notes, loans, letters of credit, line of credit and bonds); provided that if the transaction is competitive, the services of the financial advisor will be modified in advance in writing to reflect that process. Upon the request of the Client: • Analyze financial and economic factors to determine if the issuance of bonds is appropriate. • Develop a financing plan in concert wit Client's staff which would include recommendations as to the timing and number of series of bonds to be issued. • Assist the Client by recommending the best methoa of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make rec01runendation as to the detennination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection. • Advise as to the various financing alternatives available to the Client. • Develop alternatives related to debt transaction including evaluation of revenues • • • Rev. 07.3 1.2023 available , maturity scliedule and cash flow requirements . Evaluate benefits of bond insurance and /or security insurance for debt reserve fund . If appropriate, develop credit rating presentation and coordinate with the Client the overall presentation to rating agencies. Review underwriter's proposals and submit a written analysis of same to the Client. Assist the Client in the proOcurement of other services relating to debt issuance such as printing, paying agent , registrar , etc. Identify key bond covenant features and advise as to the financial consequences of provisions to be included in bond indentures, resolutions or other governing documents regarding security, creation of reserve funds, flow of funds , -8 - 42 • • • • • • Rev. 07.3 1.2023 redemption provisions, additional parity debt tests , etc.; review and comment on successive drafts of bond governing documents . Review the requirements and submit analysis to bond insurers , rating agencies and other professionals as they pertain to the Client's obligation. Review the terms , conditions and structure of any proposed debt offering undertaken b y the Client and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability. Coordinate with Client's staff and other advisors as respects the furnishing of data for offering documents , it being specifically understood that PFM is not responsible for the inclusion or omission of any material in published offering documents. As applicable, advise the Client on th_e condition of the bond market at the time of sale, including vo lume, timing considerations, competing offerings, and general economic considerations. Assist and advise the Client in negotiations with investment banking groups regarding fees , pricing of the b nds and final terms of any security offering, and make recommendations regarding a proposed offering to obtain the most favorable financial terms basecr on existing market conditions. Arrange for the closing of the transaction including, but not limited, to bond printing, signing and final delive of the bonds. -9 - 43 EXHIBITB COMPENSATION FOR SERVICES 1. Retainer For services listed in the Scope of Services #1, PFM shall receive an annual fee in the amount of $20,000 ("Retainer"), payable in quarterl y installments. The Retainer shall be reviewed and revised upon mutual agreement. 2. Transaction Fees The compensation schedule for competitive and negotiated sales of financings will be billed at closing at the following rates: Bank Loans /LOC: Public Markets $0.75 per $1,000 of issuance* $0.85 per $1,000 of issuance* *Based upon Bond Proceed s and is subject to a minimum fee of $20,000 per transaction and a not to exceed amount of $75,000 per transaction . 3. Hourly Fees In the event a financing is started, but cancelled or the retainer contract is cancelled prior to the end of the contract period at the Client's request , accrued ti e will be billed as follows: Rev. 07.3 1. 2023 Experience Level M'anaging ireGtor Director Senior Managing Consultant J\nal yst/Senio Analyst Administrative Support Hourly Rate $375.00 $35 0 .00 $325 .00 $2 75 .0 0 $225.00 44 Rev . 07.31.2023 EXHIBITC INSURANCE -11 - 45 CITY OF FAIRHOPE CITY COUNCIL AGENDA MONDAY, 14 AUGUST 2023 - 6:00 P.M. – CITY COUNCIL CHAMBER Invocation and Pledge of Allegiance 1. Approve minutes of 24 July 2023 Regular City Council Meeting, minutes of 24 July 2023 Work Session, and minutes of 7 August 2023 Special Called Emergency City Council Meeting. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Public Hearing – Application for Package Store License by K. D. Trivedi, Jay Ambe Fairhope, LLC, d/b/a Liquor Land located at 19690 Greeno Road, Fairhope, AL 36532. 6. Final Adoption – Ordinance – An Ordinance Amending Ordinance No. 1510 known as the Personnel Rules, Policies and Procedures Ordinance, Section 7 Time Off From Work, 7.01 Paid Holidays and Birthday Paid Day Off. (Introduced at City Council Meeting on July 24, 2023) 7. Ordinance – An Ordinance to amend Ordinance No. 1682: An Emergency Water Conservation Plan for Users of the City of Fairhope Water System; specifically Code Sections 10.5-54, 10.5-55, and 10.5-56. 8. Resolution – Authorizing Mayor Sherry Sullivan to appoint Special Prosecutors. 9. Resolution – That certain items are declared surplus and the Mayor and City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the four methods listed on the resolution. 10. Resolution – That the City of Fairhope awards (RFQ PS23-019) for Rehab Engineering Services for Dog House Lift Station Project to Kimley-Horn and Associates, Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate a fee schedule, and establish a not- to-exceed limit with this firm. 11. Resolution – That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 of (Bid No. 023-22), Disaster Debris Removal Monitoring Services 2022 with True North Emergency Management, LLC per the terms and conditions of the original contract. 12. Resolution – That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 of (Bid No. 026-22), On Call Contractor for Gas Department, with Equix Energy Services, LLC as per the terms and conditions of the original contract. The annual cost not-to-exceed $200,000.00. 46 13. Resolution – That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 2 for (Bid No. 23-016-COF-2023-EDA001A) Asbestos Abatement Fairhope K-1 Center with a cost of $1,245.80 and to award Change Order No. 1 to Hernandez Demolition and Remediation, LLC. The new contract total will be $71,274.20. 14. Resolution – To Award (Bid No. 23-032-2023-PWI-012) for City-Wide Road Repair, Resurfacing and Striping Project for the Public Works Department to Asphalt Services, Inc. with a total bid proposal not-to-exceed $900,792.38. 15. Resolution – That the City of Fairhope approves the procurement of the Renewal of Cradlepoint NetCloud Essentials Subscriptions and Yearly Support; and these are on the Alabama State Department of Purchasing Bid List and therefore does not have to be let out for bid with a cost not-to-exceed $15,848.00. 16. Resolution – That the City of Fairhope approves the procurement of the Renewal of 27 Annual Subscriptions of CitizenServe Software; and authorizes procurement allowed by the Code of Alabama 1975, Section 41-16-51(a)(11) with a total amount not-to-exceed $40,500.00. 17. Resolution – That the City of Fairhope approves the procurement of a John Meunier Rotopac Screw Compactor for the Wastewater Treatment Plant with a total cost not-to- exceed $29,765.31. 18. Resolution - That the City of Fairhope approves the procurement of 476 Media - Pink 20 D Aluminum Clips for the Wastewater Treatment Plant with a total cost not-to-exceed $19,992.00. 19. Resolution - That the City of Fairhope approves the procurement of a Maintenance Support Plan for the Hewlett Packard Plotter with a three-year agreement with a not-to-exceed amount of $2,336.28, annual cost $778.76; and authorizes Mayor Sherry Sullivan to execute the agreement. 20. Resolution – That the City of Fairhope hereby amends the Budget for the FY2022-2023 as recommended and presented in said resolution; and authorizes the City Treasurer to make the necessary changes. 21. Resolution – That Mayor Sherry Sullivan is hereby authorized to write a letter in support to endorse the South Alabama Regional Planning Commission’s application for the PROTECT Grant. 22. Resolution – That the City Council hereby authorizes Mayor Sherry Sullivan to expend Impact Fees from the Impact Fee Account for the New Police Precinct located at 329 South Greeno Road for Renovations and Rent for the “Police” Benefit Areas; not to exceed $64,587.00. 23. Resolution – That the City of Fairhope approves the Procurement of Two Police Car Engines with a total cost of $12,624.44; and awards RFQ to Terry Thompson Chevrolet. 24. Resolution – That the City of Fairhope accepts and approves the recommendation by Mayor Sherry Sullivan to name the Clock Corner Property “Gaston Plaza”. 47 25. Recommendation from the Recreation Board: To extend Fairhope Storm Football’s Contract on a year to year basis for use of W. C. Majors Field. 26. Appointment – Board of Adjustments and Appeals 27. Application for Special Retail License – More than 30 Days by Jarrett Crum, Gulf Coast Pinball, LLC d/b/a Fairhope Pins and Pints located at 212B Fairhope Avenue, Fairhope, AL 36532. 28. Application for Restaurant Liquor License by Nancy Dupre, Rae’s Kitchen, LLC d/b/a Rae’s Kitchen, 76 South Section Street, Unit B, Fairhope, AL 36532. 29. Application for Restaurant Liquor License by Thomas Genin, TBT Fairhope, LLC, d/b/a The Blind Tiger located at 1 Beach Road, Fairhope, AL 36532. 30. Application for Restaurant Liquor License by John Matus, Sports Biz, LLC, d/b/a Tammy’s Sports Bar and Grill, located at 210 Eastern Shore Shopping Center, Fairhope, AL 36532. 31. Public Participation – (3 minutes maximum) 32. Adjourn Next Regular Meeting – Monday, August 28, 2023 – Same Time Same Place 48 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, 24 July 2023. Present were Council President Jay Robinson , Councilmembers : Corey Martin , Jimmy Conyers , and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell , and City Clerk Lisa A . Hanks. Councilmember Jack Burrell was absent. There being a quorum present, Council President Robinson called the meeting to order. The invocation was given by Councilmember Martin and the Pledge of Allegiance was recited. Council President Robinson stated there was a need to add on an agenda item after Agenda Item Number 17: a resolution that the City Council authorizes Mayor Sullivan to select the citizen qualified to be appointed to the Baldwin County Board of Equalization; and to execute the appropriate documents for same. Councilmember Conyers moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Boone, motion passed unanimously by voice vote . Councilmember Conyers moved to approve minutes of the 10 July 2023 , regular meeting; and minutes of the 10 July 2023 , work session agenda meeting. Seconded by Councilmember Martin , motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) Thanked the Police Department for the Back to School Bash; and said it was a great day; 2) Budget work sessions with City Council begin this week; and thanked Kim and her Staff for th e ir hard work on same ; 3) Fairhope Avenue Project from State Highway 181 down Fairhope A v enue ; and said will move as quickly as we can; 4) Thanked the City Council on agreeing with the name for the Clock Comer. Councilmember Boone introduced in writing an ordinance to amend Ordinance No. 1510 known as the Personnel Rules , Policies and Procedures Ordinance, Section 7 Time Off From Work, 7 .01 Paid Holidays and 7.02 Birthday Paid Day Off. Due to lack of a motion for immediate consideration, this ordinance will layover until the August 14 , 2023 City Council meeting . 49 24 July 2023 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope supports the Alabama Department of Transportation's Mega Grant application to Assist in Funding I-10 Mobile River Bridge and Bayway Project and any other sources of federal funding that may become available. Seconded by Councilmember Conyers , motion passed unanimously by voice vote. RESOLUTION NO. 4793-23 WHEREAS, Interstate 10 is a major East-West corridor for commercial and personal vehicles , and is the only interstate highway that connects the East Coast, We st Coast, and Gulf Coast of the United States; and WHEREAS, the portion of Interstate 10 connecting Mobile and Baldwin Counties was initially built for 30,000 vehicles per day , but now services more than 100,000 ve hicles on peak days , with traffic volumes growing steadily and continuously; and WHEREAS , Mob il e and Baldwin Counties are home to s ignificant industry , whose workforce and suppliers rely on Interstate 10 to safe ly move people and goods across Mobile Bay; and WHEREAS, the Port of Mobile, the Mobile International Airport, and numerous multimodal hubs all are located on Mobile Bay and frequently utilize Interstate 10 helping to stimulate and dri ve the economy of Mobile and Baldwin Counties, the State of Alabama and the entire Gulf Coast region; and WHEREAS, traffic and congestion on Interstate 10 will continue to increase , with negative effects on public safety, commerce, and mobility in the region, ifno action is taken ; and WHEREAS, the City of Fairhope agrees on the need for a new bridge over the Mobile River and Mobile Bay and a framework to achieve this goal; and WHEREAS, the City of Fairhope recognizes that President Bid e n and Congress conceived and enacted the Infrastructure Investment and Jobs Act (IIJA), which includes a new discretionary grant program designed to address infrastructure challenges of this type and magnitude ; and WHEREAS, the U .S. Department of Transportation is committed to improving our nation 's infrastructure through the Mega Grant program; and WHEREAS, this program can be a key funding component to address this crucial infrastructure need of local, regional , and national importance; now THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAJRHOPE, ALABAMA, that the City of Fairhope supports the Alabama Department of Transportation's application for the Mega Grant and any other sources of federal funding that may become available. Attest: Lisa A. Hanks , MMC City Clerk ADOPTED ON THIS 24TH DAY OF JULY, 2023 Jay Robinson , Council President 50 24 July 2023 Councilmember Conyers 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 a contract with JADE Consulting, LLC to perform Professional Engineering Services for Pecan A v enue Watershed Management Plan (RFQ PS23-024) with a not-to-exceed amount of $52 ,000.00 . Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4794-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council hereby authorizes Mayor Sherry Sullivan to ex ecute a contract with JADE Consulting , LLC to perform Professional Engineering Service s for Pecan Avenue Watershed Management Plan (RFQ PS23-024) with a negotiated not-to-exceed fee of $52 ,000 .00 . [2] On July 10 , 2023 at the Regular City Council Meeting the City Council approved the Mayor's selection for JADE Consulting , LLC to perform Professional Engineering Services; and authorized the Mayor to negotiate a not-to-exceed fee per Resolution No. 4792-23 . [3] The work to be performed by the engineering firm selected is to revi ew watershed complaints and develop a potential remediation ma sterplan . DULY ADOPTED THIS 24TH DAY OF JULY , 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves a three (3) year Elevator Maintenance Agreement on four (4) City Elevators with TK Elevator Corporation; services are available for direct procurement through the Sourcewell Purchasing Cooperative on (Sourcewell Contract #080420) with a not-to-exceed amount of $31 ,680.00. Seconded by Councilmember Conyers , motion passed unanimously by voice vote. 51 24 July 2023 RESOLUTION NO. 4795-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves a three (3) year Elevator Maintenance Agreement on four (4) City Elevators with TK Elevator Corporation; services are available for direct procurement through the Sourcewell Purchasing Cooperative on (Sourcewell Contract #080420) with a not-to-exceed amount of $31,680.00. [2] The locations of elevators are: ■ Fairhope Museum -24 N. Section Street ■ Fairhope Recreation Center -803 N. Greeno Road ■ Fairhope Library -601 Fairhope Avenue ■ Fairhope Parking Garage -23 N . Section Street [3] Annual amount not-to-exceed $10 ,560.00; and for three (3) years $31 ,680 .00. [4] Service with TK Elevator is sole source ; and therefore does not have to be let out for bid. [5] General Maintenance funds are budgeted through the end of FY2023 , new contract amounts , and allocations will be included in the FY2024 budget submission. [6] City Council approved Resolution No. 3775-20 at the regularly scheduled Council Meeting on July 27 , 2020 for three (3) year elevator maintenance agreement with TK Elevator that will expire on July 26 , 2023. ADOPTED ON THIS 24TH DAY OF WL Y , 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson , Council President Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for (RFQ PS23-026) Southern Earth Sciences , Inc . to perform Professional Services for Sampling, Testing and Assessment of the Retired Church Street and Nichols A venue Substation Properties; and hereby authorizes the Mayor to execute a Contract with a not-to-exceed amount of $26,000.00 . Seconded by Councilmember Conyers , motion passed unanimously by voice vote. 52 24 July 2023 RESOLUTION NO. 4796-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves the selection by Mayor Sherry Sullivan for (RFQ PS23-026) Southern Earth Sciences , Inc. to perform Professional Services for Sampling, Testing and Assessment of the Retired Church Street and Nichols A venue Substation Properties; and hereby authorizes the Mayor to execute a Contract with a not-to-exceed amount of $26,000.00. Attest: Lisa A. Hanks , MMC City Clerk DULY ADOPTED THIS 24TH DAY OF JULY, 2023 Jay Robinson, Council President Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the Procurement of 7,300 Feet of 12-Inch Ductile Iron Pipe from Ferguson Waterworks for the Water Department with a not-to-exceed amount of $349 ,670.00. Seconded by Councilmember Boone , motion passed unanimously by voice vote. RESOLUTION NO. 4797-23 BE IT RESOLVE,D BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows : (1) That the City of Fairhope approves the Procurement of 7,300 Feet of 12-Inch Du ctile Iron Pipe from Ferguson Waterworks for the Water Department with a not-to-exceed amount of $349,6 70 .00 . (2) Four quotes were received . Ferguson Waterworks provided the lowest price of $349,67 0.00 . Pipe is exempt from formal bidding per Code of Alabama 1975 , Section 41-16-5 l(b)(7). (3) The 12" water main is required for the added pumping capacity to the south end of the system. This will increase capacity on and south of County Road 32. Attest: Lisa A. Hanks , MMC City Clerk ADOPTED ON THIS 24TH DAY OF JULY , 2023 Jay Robinson , Council President 53 24 July 2023 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the Annual Procurement of Tulip Bulbs for FY2024 for the Street Department to CJ Ruigrok & Sons with a not-to-exceed amount of $34,634.00 . Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 4798-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the Annual Procurement of Tulip Bulbs for FY2024 for the Street Department to CJ Ruigrok & Sons with a not-to-exceed amount of $34,634.00. [2] FY2023 Budget for Flowers Expense was $131 ,250.00 , which has been exceeded by $20 ,256 .58 thus far and prior to the purchase requested here . [3] Bulbs must be ordered in advance for delivery by Fall of 2023 . [ 4] Cost will be included in FY2024 Budget. [5] Procurement is in agreement as allowed pursuant to Resolution No. 1650-10 adopted May 24, 2010 , which designated "Like Item" Flora exceeds the $15 ,000 .00 state bid limit. ADOPTED ON THIS 24TH DAY OF JULY , 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson, Council President Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the Procurement of an Annual Contract for Dumpster Service for Screenings at the Wastewater Treatment Plant to Republic Services for a not-to-exceed amount of $11 ,331.16; and hereby authorizes Mayor Sherry Sullivan to execute the contract. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 54 24 July 2023 RES OLUTI ON NO. 4799-23 BE IT RES OLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [l] That the City Council approves the Procurement of an Annual Contract for Dumpster Service for Screenings at the Wastewater Treatment Plant to Republic Services for a not-to-exceed amount of $11 ,331.16; and hereby authorizes Mayor Sherry Sullivan to execute the contract. [2] The previous provider of this service, BCC Waste Solutions sent correspondence stating our contract with them has expired and they have no intention of providing future service past July 7 , 2023. [3] An additional quote was requested from another provider, Easy Haul Inc., and they were not equipped to handle the services needed. [ 4] Funds are budgeted through the end of FY2023 and the new contract amount will be included in the FY2024 budget submission. ADOPTED ON THIS 24TH DAY OF JULY, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President City Council reviewed an application for Special Retail License -More than 30 Days by Restaurant 85 North Bancroft LLC d/b /a The Mill at 85 North Bancroft Street, Fairhope, AL 36532. Councilmember Martin moved to approve the issuance of the license. Seconded by Councilmember Boone, motion passed unanimously by v oice vote. City Council reviewed an application Special Retail License -More than 30 Days by Jenna Rachal, The Venue Fairhope, LLC d/b /a The Venue Fairhope at 105 South Section Street, Fairhope, AL 36532. Councilmember Martin moved to approve the issuance of the license. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 55 24 July 2023 City Council reviewed an application for a Restaurant Liquor License by Dana Jewett , Sebastians Fairhope LLC d/b /a Sebastians at 901 Fairhope Avenue , Fairhope , AL 36532. Councilmember Martin moved to approve the issuance of the license. Seconded by Councilmember Conyers , motion passed unanimously by voice vote. City Council reviewed an application for a Restaurant Liquor License by oel Hurtado , Cozumel Mexican Grill of Fairhope LLC d/b /a Cozumel Bar and Grill at 18177 Wright Bl vd. Ste. 12 , 13 , 14 , Fairhope , AL 36532. Councilmember Conyers moved to approve the issuance of the license. Seconded by Councilmember Martin , motion passed unanimously by voice vote. Councilmember Martin moved to appoint Caro l Sullivan and Audra Warren to the Tree Committee for a three-year term which wi ll expire in July 2026. Seconded by Councilmember Conyers , motion passed unanimously by voice vote. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution , a resolution that the City Council authorizes Mayor Sullivan to select the citizen qualified to be appointed to the Baldwin County Board of Equalization; and to execute the appropriate documents for same. Seconded by Counci lmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4800-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes Mayor Sullivan to select the citizen qualified to be appointed to the Baldwin County Board of Equalization; and to execute the appropriate documents for same. Attest: Lisa A. Hanks , MMC City Clerk Adopted on this 24th day of July. 2023 Jay Robinson , Council President 56 24 July 2023 Councilmember Boone moved to adjourn the meeting. Seconded by Councilmember Martin, motion passed unanimously by voice vote. There being no further business to come before the City Council , the meeting was duly adjourned at 6:16 p.m. Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 57 STA TE OF ALABAMA COUNTY OF BALDWIN ) ( ) ( The City Council met in a Work Session at 4:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 24 July 2023 . Present were Council President Jay Robinson, Councilmembers: Corey Martin, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Jack Burrell was absent. Council President Jay Robinson called the meeting to order at p.m. The following topics were discussed: • The first item on the agenda was the Discussion of Decommissioning Substations at Nichols and Church by Electric Superintendent Ben Patterson. He explained the testing of each substations and due diligence for the City of Fairhope. • Discussion of the Naming of the Clock Comer was next on the agenda. Mayor Sullivan explained the history for the comer with the Gastons. The consensus of the City Council was to move forward with naming the Clock Comer "Gaston Plaza." She said there would be two bronze plaques on each side of the bench ./ • The next item on the agenda was the Discussion of Utilities Line of Credit for the Water and Wastewater by City Treasurer Kim Creech . Councilmember Martin stated he wants a study prepared for Water and Wastewater; and we need a plan for this . Council President Robinson agreed with Councilmember Martin and said we are in catchup phase . The consensus of the City Council was to get a Financial Advisor. • City of Fairhope Purchasing Policy Guidelines Discussion was presented by Mayor Sullivan; and she explained the changes in the bid laws . Mayor Sullivan commented the Leadership Team agrees with the changes . • Mayor Sullivan and City Treasurer Kim Creech began the Budget Discussions for Revenue . Sales Tax was discussed ; and Mayor Sullivan mentioned SSUT and said the legislature is looking at taking some of these funds back. • Councilmember Martin said the Recreation Board met and discussed the Fairhope Storm Football Team ; pickleball courts ; and swimming pool. He also gave a brief update on the Harbor Board; and said they would like a market analysis for Fairhope Docks and revenue making ideas. Council President Robinson briefly went through the Agenda Items and who would explain if needed. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No . 10 and No . 12 ; and answered any questions if needed. 58 Monday, 24 Ju ly 2023 Page -2- • Interim Gas Superintendent Wes Boyett addressed the City Council and thanked the City Council and Mayor for attending the Gas Infrastructure meetings. • Public Works Director Richard Johnson addressed the City Council and mentioned the completion of pickleball courts at Quail Creek Golf Course; and the roof at City Hall update. He briefly updated the City Council on the following items: Founders Project has been delayed ; Clock Property Park; and Paving Project. Mr. Johnson exp lained Agenda Items No . 7, No . 8, and No . 11; and answered any questions if needed . • Human Resources Director Cory Pierce addressed the City Council regarding Agenda Item No. 5; and answered any questions if needed. Mayor Sullivan exp lained the ordinance; and also answered any questions if needed . Councilmember Boone thanked Mr. Pierce for his service with the City of Fairhope; and commented this would be his last City Council meeting . • Captain John Hamrick addressed the City Council regarding Agenda Items No . 13 , No. 14 , No . 15 , and No. 16; and answered any questions if needed . • Councilmember Martin addressed the addressed the City Council regarding Agenda Item No . 17 ; and answered any questions if needed. He mentioned the Tree Ordinance and some changes needing to be made. • Mayor Sullivan addressed the City Council regarding Agenda Item No . 6 ; and answered any questions if needed . There being no further business to come before the City Council , the meeting was duly adjourned at 5:30 p.m. Lisa A. Hanks, MMC City Clerk Jay Robinson, Council President 59 7 August 2023 NOTICE AND CALL OF SPECIAL MEETING Notice is hereby given of a special emergency meeting of the City Council of the City of Fairhope , Alabama, to be held at the Fairhope Municipal Complex on Monday , August 7, 2023 , at 11 :45 a.m., for the purpose of: ❖ Resolution to declare a State of Emergency for the City of Fairhope : That the City Council of the City of Fairhope hereby officially declares a "Water Emergency" pursuant to Ordinance No. 1682; and authorizes Mayor Sherry Sullivan to implement any or all of the Phases: Phase 1-Water Alert , Phase II -Water Warning, and Phase In -Water Emergency to avoid further strain on our infrastructure and to protect health , safety, and welfare of the City of Fairhope Water System users . CONSENT TO HOLDING OF MEETING The undersigned members of the City Council of the City of Fairhope, Alabama , do hereby acknowledge service of the Notice and Call of Special Emergency Meeting hereinabout set forth and do hereby consent to the holding of such meeting as such time in such place for the purpose set forth therein Attest: -~-f;z~ £1,,~ V 60 7 August 2023 STATE OF ALABAMA COUNTY OF BALDWIN )( )( The City Council , City of Fairhope, met in special session at 11 :45 a.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532 , on Monday, 7 August 2023. Present were Council President Jay Robinson, Councilmembers: Jack Burrell, Jimmy Conyers , and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus McDowell , and City Clerk Lisa A. Hanks . Councilmember Corey Martin was absent. There being a quorum present, Council President Robinson called the meeting to order at 11 :45 a.m. Council President Robinson announced that the Special Meeting was called to due to the emergency circumstances with the water consumption by users of the City of Fairhope Water System requiring immediate action to avoid further strain on our infrastructure and to protect health , safety , and welfare of the these users , is desirous on declaring a "Water Emergency" pursuant to Ordinance No. 1682 ; and to authorize the Mayor to implement any or all of the Phases: Phase I Water Alert, Phase II Water Warning , and Phase III Water Emergency. Mayor Sullivan addressed the City Council and requested they declare an emergency and allow her to implement Phase III due to low water pressure and the need to let our water tanks to recover. She said the tanks are not filling to capacity and the main issue is irrigation systems and lack of rainfall . Mayor Sullivan stated some citizens have complained of brown water. Council President questioned the reason for Phase III is not lack of water but retention and low pressure. Mayor Sullivan explained the need for another water tank in the future and other aquifers. Council President Robinson read the entire resolution before the City Council voted. Councilmember Boone introduced in writing, and moved for the adoption of the following resolution , a resolution that the City Council of the City of Fairhope hereby officially declares a "Water Emergency" pursuant to Ordinance No . 1682; and authorizes the Mayor to implement any or all of the Phases: Phase I -Water Alert , Phase II -Water Warning, and Phase III -Water Emergency to avoid further strain on our infrastructure and to protect health , safety, and welfare of the City of Fairhope Water System users . The motion was seconded by Councilmember Conyers. 61 7 August 2023 Mayor Sullivan reiterated that irrigation is an issue . She said we implemented Phase I but it did not work. It states "Fairhope Utilities water customers are requested to voluntarily limit water usage to only what is absolutely necessary for health, business and outdoor use. Customers are asked to irrigate between midnight and 4:00 a.m ." Mayor Sullivan stated we asked customers to water at night but we see them watering during the day. She said these are extreme weather patterns. Councilmember Burrell questioned what triggers the Phases. Mayor Sullivan replied by reading the following from the ordinance: • Phase I: When water demand reaches an average of 80% capacity over 7 consecutive days • Phase II: When water demand reaches an average of 90% capacity over 7 consecutive days • Phase III : When water demand reaches an average of 100% capacity over 3 consecutive days Councilmember Burrell suggested amending the ordinance to 7 out of 10 days or 5 out of 10 days. Councilmember Conyers stated he liked 7 out of 10 days or 5 out of 7 days. After further discussion, motion passed unanimously by voice v ote. RESOLUTION NO. 4801-23 WHEREAS, the City of Fairhope adopted Ordinance No. 1682: an ordinance to establish an Emergency Water Conservation Plan for the City of Fairhope for Customers or Persons who use the City of Fairhope Water System; and WHEREAS, the City Council , due to the emergency circumstances with the water consumption by users of the City of Fairhope Water System requiring immediate action to avoid further strain on our infrastructure and to protect health, safety, and welfare of the these users , is desirous on declaring a "Water Emergency" pursuant to Ordinance No . 1682; and to authorize the Mayor to implement any or all of the Phases : Phase I Water Alert, Phase II Water Warning, and Phase III Water Emergency; and WHEREAS , Phase I, the Water Alert Phase, has been in effect which is a voluntary phase to limit the amount of water to the amount that is absolutely necessary for health, business , and outdoor use . However the water demand is still rising daily ; and WHEREAS , Phase II and Phase III require the City Council to declare an emergency before the Mayor can implement these two mandatory phases. 62 7 August 2023 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 7, 2023, as follows: the City Council of the City of Fairhope hereby officially declares a "Water Emergency" pursuant to Ordinance No . 1682 ; and authorizes the Mayor to implement any or all of the Phases: Phase I -Water Alert , Phase II -Water W aming, and Phase III -Water Emergency to avoid further strain on our infrastructure and to protect health , safety, and welfare of the City of Fairhope Water System users. ADOPTED AND APPROVED THIS 14TH DAY OF AUGUST , 2023 Attest Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President Councilmember Burrell commented he came down County Road 33 and saw a lot of work being done on the treatment plant and water line. He said we are slowing progressing but it takes time . Mayor said we are preparing for the future with possible new well within 18 months . The consensus of the City Council was to amend the Water Conservation Plan Ordinance ; and bring back for discussion . Councilmember Burrell suggested a sunset clause for ending Phases. Councilmember Conyers suggested Phases at 75 %, 85%, and 95% respectively because it is too late to enact at 100%. Councilmember Burrell moved to adjourn the meeting. Seconded by Councilmember Boone, motion passed unanimously by voice vote. There being no further business to come before the City Council , the meeting was duly adjourned at 12 :06 p.m. Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President 63 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 Revised 09/2013 ALCOHOLIC BEVERAGE LICENSE APPPLICATION PLEASE PRINT We hereby apply for a license to sell Alcoholic Beverages in the City of Fairhope or its Police Jurisdiction . We agree to abide by all applicable Ordinances of the City , or any amendments to same, and to promptly furnish all reports required by the City . 'cy"Q,./ A,nbe.., ~\..-hcpe LLC_ APPLICANT'S NAME f :($ f(()fl-l fo~ . SSN#_I _ ___ _ __ -:-f AGE __ DATE OF BIRTH _____ f>LACE OF BIRTH I fU DIA - MAILING ADDRESS g 51.19::: VA-R{2?1tS c:r :i)lrfJHNL A-L %5<6 HOME # __________ WORK# ___________ _ CELL#_ _ FAX# ____________ _ RESIDENCEADDRESS 9.5Lf'it vA--R~A-S c-,-f)FfPHro£ A-L 86~ ,.ntt.J~J' NO. YEARS AT PRESENT ADDRESS J PJ NO . YEARS AT PREVIOUS ADDRESS __ _ PREVIOUS ADDRESS E, e,G I f\-I P.P6:Rr R:, L-V f) I=\ PT# LZ:9 f'nob,' fe, AL NAME AND ADDRESS OF BUSINESS L) c9U0~ LAI\OQ }CJG-,o (b{?e£,r00 RcA-0 Flt·•~ ~QP£ A-L 3~.;> NAMEOFCORPORATION ~'t &01Be FA-1R F-toP1; L-tc BUSINESS LOCATION t96@ ~ R()A-D F-8:tl:J 1-IDPE A:L~~ HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE 'f f?.__9 IF SO, WHERE @LE½ t\-L ..-UNDER WHAT NAME SH r:?P.B £/ti g1.-~tl\9o.5 l-'-L, HAS APPLICANT EVER BEEN ARRESTED fJO IF SO, WHERE -------- WHEN _____ WHATWAS CHARGE. _____________ _ DISPOSITION ______________________ _ LIST THREE REFERENCES: NAME ADDRESS PHONE NUMBER 64 City of Fairhope Alcoholic Beverage License Application Page-2- PLEASE SELECT TYPE OF LICENSE APPL YING FOR: Revised 09/2013 V 011 -PACKAGE STORE LICENSE -Allows sale of liquor, wine, or beer at Retail, TO GO --only. No one under age 21 allowed on premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 1 oth of each month on the purchase price paid for all liquor for use or resale by the licensee. 010-LOUNGE LIQUOR LICENSE-Allows sale of liquor, wine, or beer for on and off --consumption . No one under age 21 allowed on the premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction Is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. 031-CLUB LIQUOR LICENSE -Allows sale of liquor, wine, or beer but must meet ABC --Board's "club" regulations. A liquor tax of 10% City Limits or 5% Police Jurisdldion is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. __ 020 -RESTAURANT LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on-premises consumption only and 51 % of gross receipts must come from the sale of food. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee . 140 -SPECIAL EVENTS LICENSE __ 160 -SPECIAL RETAIL LICENSE-More than 30 days __ 040 -BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only, on and off consumption. __ 050 -BEER OFF-PREMISES LICENSE -Allows sale of Beer Only, TO GO only . __ 060 -WINE ON/OFF PREMISES LICENSE-Allows sale of Wine Only, on and off consumption. __ 070 -WINE OFF-PREMISES LICENSE -Allows sale of Wine Only, TO GO, only. 100 -WINE WHOLESALER LICENSE 210 -WINE IMPORTER LICENSE 200 -WINE MANUFACTURER LICENSE 240 -NON-PROFIT TAX EXEMPT LICENSE I STATE ALL THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE (FULL NAME) l< o ,r:, a,,e, e: "-' P tt a R rotM>DgA- NOT APPROVED _,,,,.,...,...~-r-c~-DATE __ _ ~~~~::=:__DATE"'ll~I-~ APPROVED BY COUNCIL_C_ity-C-le_rk_DATE __ _ APPROVE BY COUNCIL _C,,..ity-C-le_rk_DATE __ _ .. The Chief of Police is only acquiring a background check on the owners, partners, or corporate officers of the business for the City of Fairhope . The Alabama Alcoholic Beverage Control Board does a thorough Federal and State background check before issuing the License. 65 ORDINANCE N O . AN ORDINANCE AMEND! G ORDI ANCE N O . 1510 KN OWN AS THE PERSO NNEL RULES , POLICIES AND PROCEDURES ORDIN ANCE BE IT ORDAINED BY THE CITY OF FAIRHOPE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, as fo llow s: Section 1. The ordinance known as the Personnel Rules, Policies, and Procedures Ordinance (No . 1510), adopted 14 April 2014, together with the Personnel Handbook of the City of Fairhope, be and the same hereby is changed and alte red in respect to the certain sec tion s below : A mend the follo wing to: SECTIO N 7 -TIME OFF FROM WORK 7.01 PAID HOLIDAYS The City observes the following as paid holidays for regular full-time employees and appointed officials: New Year's Day: January 1st Martin Luther King's Birthday: Third Monday in January Mardi Gras Day Memorial Day: Last Monday in May Juneteenth Day: June 19th Independence Da y : Jul y 4th Labor Day: First Monday in September Veteran's Day: November 11th Thanksgiving Day : Fourth Thursday in November Day after Thanksgiving Christmas Eve: D ecembe r 24th Christmas Day: D ecember 25th The City Council may grant additional days off. Paid holidays that fa ll on a Saturday wi ll be observed on the preceding Friday; paid holidays falling on a Sunday will be observed on the fo ll owing Monday. To receive ho lid ay pay, the emp loyee must work the last scheduled workday before and the first scheduled workda y after the holiday unless the emplo yee's Department Head has approved the scheduled work d ay off in advance as paid vacation under P ersonnel Rules Section 7.03 . Work On Holidays Because many essentia l City services must be provided on holidays , employees, including part-time and temporary em ployees , may be scheduled to work on a holiday . If so , the employee will be paid one and one-half times his/her regular rate of pay for all hours worked on the holiday. In addition, to prepare for certain holidays as determined by the Mayor, employees may be paid at their overtime rate for set-up activiti es even if the work is not performed on the holiday and re gard less of whether the employee works in excess of 40 hours during the workweek. 66 Ordinance No . Page -2- 7.02 BIRTHDAY Regular full-time employees with at least one year of service ma y take their birthday as a paid day off. With prior permission of the Department Head, the birthday paid leave may be taken at any time during the calendar year, but ma y not be carried to the ne xt calendar year. Section 2. The sections , paragraphs , sentences , clauses and phrases of this ordinance are severable , and if any phrase, clause , sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling sha ll not affect any other paragraphs and sections , since the same would ha ve been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause , sentence, paragraph or section. Section 3. This Ordinance sha ll take effect immediately upon it s due adoption and publication as required by law . Attest: Lisa A Hanks , MMC City Clerk Adopted this 14th Day of August , 2023 Jay Robinson , Council President Adopted this 14th Day of August , 2023 Sherry Sullivan , Mayor 67 SECTION 7 -TIME OFF FROM WORK 7.01 PAID HOLIDAYS The City observes the following as paid holidays for regular full-time employees and appointed officials: New Year's Day: January pt Martin Luther King's Birthday: Third Monday in January Memorial Day: Last Monday in May Independence Day: July 4th Labor Day: First Monday in September Veteran's Day: November 11th Thanksgiving Day: Fourth Thursday in November Day after Thanksgiving Christmas Eve: December 24th -½ day off Christmas Day: December 25th Birthday or Personal Day (After one year of service) The City Council may grant additional days off. Paid holidays that fall on a Saturday will be observed on the preceding Friday; paid holidays falling on a Sunday will be observed on the following Monday. To receive holiday pay, the employee must work the last scheduled workday before and the first scheduled workday after the holiday unless the employee 's Department Head has approved the scheduled work day off in advance as paid vacation under Perso nnel Rules Section 7.03. Work On Holidays Because many essential City services must be provided on holidays , employees, including part-time and temporary employees, may be scheduled to work on a holiday. If so, the employee will be paid one and one-half times his/her regular rate of pay for all hours worked on the holiday . In addition, to prepare for certain holidays a s determined by the Mayor, employees may be paid at their overtime rate for set-up activities even if the work is not performed on the holiday and regardless whether the employee works in excess of 40 hours during the workweek. 7.02 BIRTHDAY Regular full -time employees with at lea st one year of service may take their birthday as a paid holiday . With prior permission of the Department Head, the birthday holiday may be taken at anytime during the calendar year, but may not be carried to the next calendar year. 68 ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. 1682: AN EMERGENCY WATER CONSERVATION PLAN FOR THE CITY OF FAIRHOPE FOR CUSTOMERS OR PERSONS WHO USE THE CITY OF FAIRHOPE WATER SYSTEM BE IT ORDArNED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The Code of Ordinance, City of Fairhope, Alabama, Article II, Sections l 0.5-54, l 0.5- 55, and 10 .5-56, are hereby amended to reflect the following changes and additions: Section 10.5-54 WATER CONSERVATION PHASES The onset of an emergency situation or anticipated onset of drought and the necessary adjustment and management techniques depend on the severity of the water emergency. Therefore, upon a declaration of an emergency by the Governing Body of the City of Fairhope, water conservation phases wi ll be implemented on following criteria: • Phase I: When water demand reaches an average of 80% capacity for 7 out of l O days • Phase II: When water demand reaches an average of 90% capacity for 7 out of l O days • Phase III: When water demand reaches an average of95% capacity for 7 out of IO days Sectio n I 0.5-55 WATER CONSERVATION RESPONSE Specific conservation management responses are listed according to the conservation phase. The phases are dependent on the ability of C ity of Fairhope to foresee conditions which would affect water a llotm ents or water availability. After declaration of the drought or water emergency stage by Governing Body, the City Counc il is to authorize the Mayor to impl ement any or all the following: New lawns and landscaping wou ld be exempt for 30 days from the date of planting . Phase I: WATER ALERT -Voluntary. All customers or persons who use City of Fairhope water system are requested to vo luntarily limit the amount of water to the amount that is absolutely necessary for health, business , and outdoor use . The Alert will remain in effect until lifted by the Governing Body or until demand averages at or below 80% of capacity for 7 out of 10 days. No emergency declaration by the Governing Body is needed to implement Phase I. Phase II: WATER WARNING -Mandatory Compliance. Beginning at a time deemed necessary by City of Fairhope and after public notification , the following restrictions shall apply to all residentia l customers or persons who use City of Fairhope water system . Phase II restrictions will remain in effect until lifted by the Governing Body or until demand averages at or below 90% of capacity for 7 out of l O days : Irrigation utilizing individual sprink lers from hoses or buried sprinkler systems for the purpose of watering lawns, gardens , landscaped areas, trees , shrubs, and other plants is prohibited, except on designated water-use days which shall be as follows: • Odd-numbered street addresses will water on Monday and Wednesday • Even-numbered street addresses will water on Tuesday and Thursday • No irrigation shall be performed between the hours 5:00 a.m. -9:00 a.m. and 5:00 p.m. - 9 :00 p.m. • No watering will be allowed on Friday , Saturday , and Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sunday Odd Even Odd Even No No No Addresses Addresses Addresses Addresses Watering Watering Watering Water Water Water Water Allowed Allowed Allowed Phase III: WATER EMERGENCY -Mandatory Compliance. Upon implementation by City of Fairhope and after public notification, the following restrictions shall be imposed in place of Phase II restrictions (until further notice) to all residential City of Fairhope water system customers or persons who use City of Fairhope water system: 69 Ordinance No. Page -2- • Irrigation utilizing individual sprinklers from hoses or buried sprinkler systems for the purpose of watering lawns , gardens , landscaped areas, trees , shrubs , and other plants is prohibited . • Washing of private ve h icles is prohibited. • Commercial car washes and service stations are exempt from this restriction. • Topping off of swimming poo ls by users of water at street addresses containing odd numbers on Monday and Wednesday ; and by users of water at street addresses co ntaining even numbers on Tuesday and Thursday . Empty swimming pools may be filled only with City of Fairhope approval. • Washing of sidewalks, streets, driveways, parking areas , tennis courts , patios or other paved areas is absolutely prohibited except by the street department and fire department to alleviate health or fire hazard. • Taking water from a fire hydrant is prohibited without written permission from City of Fairhope. The water system, street department, and fire department are exempt from this condition in order to properly maintain the water system and provide for public health and safety . Phase III restrictions will remain in effect until lifted by the Govern ing Body or unti l demand averages at or below 95% of capacity for 7 out of 10 days and 1.5 inches of rain are received within a 7 day period. When easing Phase III restrictions, the new Phase will be determined by the demand average. If demand average is 90-94%, the new P hase will be Phase II. If the demand average is 80-89%, the Phase wi ll be Phase I. If the demand average is less than 80%, no Phase will be in effect. VI. VIOLATIONS Violations of this Ordinance shall be punished as follows: First Time Offense Second Time Offense Third and Subsequent Offenses Warning $300 .00 Fine $500 .00 Fine The Balance of Chapter 10.5 -Artic le II. -Emergency Water Conservation Plan remains as written and codified in the City of Fairhope Code of Ordinances. Severability. The sections , paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, c lause , sentence, paragraph or section . Effective Date . This ordinance shall take effect upon its due adoption and publication as required by law. ATTEST: Lisa A. Hanks , MMC City Clerk ADOPTED THIS 14TH DAY OF AUGUST, 2023 Jay Robinson, Co uncil President ADOPTED THIS 14TH DAY OF AUGUST, 2023 Sherry Sullivan, Mayor 70 Sec. 10 .5-54. -Water conservation phases . The onset of an emergency situation or anticipated onset of drought and the necessary adjustment and management techniques depend on the severity of the water emergency. Therefore, upon a declaration of an emergency by the governing body of the city, water conservation phases will be implemented on following criteria: • Phase I: When water demand reaches an average of eighty (80) percent capacity over seven (7) consecutive days . • Phase //:When water demand reaches an average of ninety (90) percent capacity over seven (7) consecutive days. • Phase Ill: When water demand reaches an average of one hundred (100) percent capacity over three (3) consecutive days. (Ord. No . 1682, § IV, 5-13-20) Sec. 10.5-55 . -Water conservation response. Specific conservation management responses are listed according to the conservation phase. The phases are dependent on the ability of city to foresee conditions which would affect water allotments or water availability. After declaration of the drought or water emergency stage by governing body, the city council is to authorize the mayor to implement any or all the fol lowing: New lawns and landscaping would be exempt for thirty (30) days from the date of planting. Phase I: Water alert-Voluntary. All customers or persons who use city water system are requested to voluntarily limit the amount of water to the amount that is absolutely necessary for health , business, and outdoor use . This will remain in effect until demand falls below criteria for seven (7) consecutive days. No emergency declaration by the governing body is needed to implement phase I. Phase II: Water warning-Mandatory compliance . Beginning at a time deemed necessary by city and after public notification, the following restrictions shall apply to all residential customers or persons who use city water system. These restrictions will be in effect until lifted by the governing body or until demand averages at or below ninety (90) percent of capacity for seven (7) consecutive days: Irrigation utilizing individual sprinklers from hoses or buried sprinkler systems for the purpose of watering lawns, gardens, landscaped areas, trees, shrubs, and other plants is prohibited, except on designated water-use days which shall be as follows: • Odd-numbered street addresses will water on Monday and Wednesday . 71 Monday Odd • Even -numbered street addresses will water on Tuesday and Thursday. • No irrigation shall be performed between the hours 5:00 a.m .-9:00 a.m. and 5 :00 p .m.- 9:00 p .m. • No watering will be allowed on Friday, Saturday, and Sunday. Tuesday Wednesday Thursday Friday Saturday Sunday Even Odd Even No No No Addresses Addresses Addresses Addresses Watering Watering Watering Water Water Water Water Allowed Allowed Allowed Phase Ill: Water emergency-Mandatory compliance. Upon implementation by city and after public notification, the following restrictions shall be imposed in place of phase II restrictions (until further notice) to all residential city water system customers or persons who use city water system : • Irrigation utilizing individual sprinklers from hoses or buried sprinkler systems for the purpose of watering lawns, gardens, landscaped areas, trees, shrubs, and other plants is prohibited. • Washing of private vehicles is prohibited on Friday, Saturday, and Sunday . • Commercial car washes and service stations are exempt from this restriction . • Swimming pools will be filled by users of water at street addresses containing odd numbers on Monday and Wednesday. Swimming pools will be filled by users of water at street addresses containing even numbers on Tuesday and Thursday . • Washing of sidewalks , streets, driveways, parking areas, tennis courts, patios or other paved areas is absolutely prohibited except by the street department and fire department to alleviate health or fire hazard . • Taking water from a fire hydrant is prohibited without written permission from city. The water system, street department, and fire department are exempt from this condition in order to properly maintain the water system and provide for public health and safety. These restrictions will be in effect until lifted by the governing body or until demand averages at or below one hundred (100) percent of capacity for seven (7) consecutive dates. (Ord. No. 1682, § V, 5-13 -20) 72 RES OLUTI ON NO. __ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to appoint the following persons as special Prosecutors to be used when the City Attorney, Marcus E. McDowell , has a conflict with certain cases at a fee of $100.00: James H. Sweet Patrick Prendergast Trey Canida W. Lee Webb William "Liam" Scu ll y BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Resolution No . 3299-19 is hereby repealed and replaced. ATTEST: Lisa A. Hanks, MMC City Clerk ADOPTED 14TH DAY OF AUGUST, 2023 Jay Robinson , Council President 73 RESOLUTION NO. ---- WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: [SEE ATTACHED LIST OF EQUIPMENT] 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, abo ve, by one of the following methods: a. Receiving bids for such property ("via GovDeals"). All such property shall be sold to the highest bidder, provided, however, that the City Council shall grant the authority to the Mayor to reject all bids when, in her opinion, she deems the bids to be less than adequate consideration for the personal property. b. Sold for scrap or recycle at the highest offered value. c. Disposal via landfill. d. 7 -416.3 KVA 546 Amp Siemens Regulars will be sold to highest bidder. ADOPTED AND APPROVED THIS 14TH DAY OF AUGUST, 2023 ATTEST: Lisa A. Hanks, MMC City Clerk Jay Robinson, Council President 74 ~ .. ~ RECOMMENDED DESCRIPTION MILEAGE YEAR VIN NUMBER DISPOSITION GOV DEAL FORD F-550 DIESEL 7 1,078 2006 1FDAF56P76EA01920 GOV DEAL CHEVROLET COLORADO 129 ,409 2006 1 GCCS 148968206294 GOV DEAL CHEVROLET MALIBU 112 ,266 2010 1G1ZA5E06AF190131 GOV DEAL FORD F SUPER DUTY DIESEL 180 ,000 1990 2FVLF47M2LCB06051 GOV DEAL INTERNATIONAL 1654 FLAT BED DIESEL 1 ,216 HRS . 1984 1 HTLAHEM 1 FHA27003 GOV DEAL FORD F250 126,563 2003 1 FDNF20L43ED58604 GOV DEAL TRAI LER BLUE 90 X 40 GOV DEAL CHEVROLET SUBURBAN 2009 1GNGC46K19R198674 GOV DEAL BEAD BLASTER GOV DEAL CHEVROLET COLORADO 164 ,014 2006 1 GCCS 196268306261 GOV DEAL CATERPILLER GENERATOR W/FUEL TANK 3056 1 ML01337 GOV DEAL ASSET 00000 (000) GOLF GROUNDS BENDPAK TURF MAINTENANCE LIFT KIT BI DS 7 -416 .3 KVA 546 AMP SIEMENS REG ULATORS (s old to highest bidder) GOV DEAL 2009 JOHN DEERE TRACTOR 7130 WITH SABER TOOTH TIGER SIDE ARM MOWER 6710 1543 75 RESOL UT IO N N O. --- BE IT RESOL VE D BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope awards RFQ for Rehab Engineering Services for (RFQ PS23-019) Dog House Lift Station Project to Kimley-Hom and Associates , Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate a fee schedule, and establish a not-to-exceed limit with this firm. DULY ADOPTED THIS 14TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President 76 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 : July 31 , 2023 Re : Requesting Approval by City Council to award RFQ PS23-023 Professional Engineering Services for Dog House Pump Station Rehabilitation The Superintendent of Water and Wastewater Department, Daryl Morefield , has requested to hire an Engineering Firm for the rehabilitation of the Dog House Pump Station , which will be using funds provided through the American Rescue Plan Act (ARPA) of 2021 . Request for Qualifications RFQ PS23-023 Professional Engineering Services for Dog House Pump Station Rehabilitation was advertised in three (3) statewide newspapers for three (3) weeks , and on the City website , beginning June 11 , 2023 . The bid was viewed by 154 of the 375 vendors who received e-notifications through the City website . The bid was opened on July 11 , 2023 at 10 :00 a.m . Six (6) firms responded . The proposals were evaluated by five (5) City of Fairhope staff (see attached Evaluation Score Sheet). The recommendation by the evaluation team is to hire Kimley- Horn and Associates. The Superintendent of Water and Wastewater Department , Daryl Morefield , and the Evaluation Committee requests approval of the award of RFQ PS23-023 Professional Engineering Services for Dog House Pump Station Rehabilitation to Kimley-Horn and Associates . Please prepare a Green Sheet and place on the next City Council Agenda this request to award RFQ PS23-023 Professional Engineering Services for Dog House Pump Station Rehabilitation to Kimley-Horn and Associates and approve the Mayor to negotiate the fee schedule for the contract. Enclosure Cc: Daryl Morefield, Nicole Love 77 CITY OF FAIRHOPE EVALUATION Request for Quallfications No. P523-023 NAME: Professional Engineering Services for Dog House Pump Station Rehabilitation Opened: July 11, 2023 at 10:00 A.M. Bowman Po ints Range Evaluator 1 Evaluator 2 Evaluator 3 Criteria 1: Qualifications, Knowledge, and Expertise Regarding 0-20 15 18 17 the Proposed Scope of Work Criteria 2: Experience of Proposed Key Personnel 0 -20 19 15 17 Cr iteria 3 : Resources and Availability 0 -10 8 8 8 0 -10 6 8 10 Criteria 4 : Experience with Federally Funded Projects Criteria 5 : Understanding and Familiarity with the Needs of 0 -20 18 16 19 the Environment of the Community Criteria 6 : Previous Experience in Working with Publicly 0-20 Owned Utilities 16 16 18 Total Score: 82 81 89 Average Score : D b ew erry Engineers, Inc. Points Range Evaluator 1 Evaluator 2 Evaluator 3 Cr iteria 1: Qualifications, Knowledge, and Expertise Regarding 0-20 16 18 20 the Proposed Scope of Work Criteria 2 : Experience of Proposed Key Personnel 0 -20 16 16 19 Cr iteria 3 : Resources and Availability 0-10 8 4 9 0-10 7 8 8 Criteria 4: Experience with Federally Funded Projects Criteria 5 : Understanding and Familiarity with the Needs of 0 -20 17 18 19 the Environment of the Community Cr iteria 6 : Previous Experience i n Working with Publicly 0 -20 17 16 20 Owned Utilities Total Score : 81 80 95 AveraP.e Score : Evaluator4 Evaluator 5 17 18 16 18 7 7 7 9 15 18 16 18 78 88 84 Evaluator 4 Evaluator 5 17 20 17 18 5 9 8 8 17 18 17 20 81 93 86 78 Goodwvn Mills Cawood (GMC) Points Ran11e Evaluator 1 Evaluator 2 Evaluator 3 Evaluator4 Evaluator S Criteria 1: Qualifications, Knowledge, and Expertise Regarding 0-20 16 16 19 15 19 the Proposed Scope of Work Criteria 2 : Experience of Proposed Key Personnel 0 -20 17 14 18 14 18 Criteria 3 : Resources and Availability 0-10 7 2 9 4 8 Criteria 4 : Experience with Federally Funded Projects 0 -10 6 8 8 7 8 Criteria 5 : Understanding and Familiarity with the Needs of 0-20 16 14 19 13 19 the Environment of the Community Criteria 6: Previous Experience i n Working with Publicly 0-20 17 14 19 13 20 Owned Utilities Total Score : 79 68 92 66 92 Average Score : 79 K" I H 1m ev-ornan dA . t ss oc 1a es Points Range Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Evaluator 5 Criteria 1: Qualifications, Knowledge, and Expertise Regarding 0-20 18 18 20 18 20 the Proposed Scope of Work Criteria 2: Experience of Proposed Key Personnel 0 -20 18 18 19 19 19 Criteria 3: Resources and Availability 0-10 10 8 9 8 9 Criteria 4: Experience with Federally Funded Projects 0-10 10 8 9 7 9 Criteria 5 : Understanding and Familiarity with the Needs of 0-20 19 16 19 17 20 the Environment of the Community Cri t eria 6 : Previous Experience in Working with Publicly 0-20 19 16 20 18 20 Owned Utilities Total Score : 94 84 96 87 97 AveraRe Score : 92 79 Overstreet & Associates Points Range Criteria 1: Qualifications, Knowledge, and Expertise Regarding 0-20 the Pr oposed Scope of Work Criteria 2: Experience of Proposed Key Personnel 0-20 Criteria 3 : Resources and Ava ilability 0-10 Cr iteria 4: Exp erience w ith Federally Funded Projects 0 -10 Criteria S: Understa ndi ng and Familiarity w ith the Ne eds of 0-20 the Env ironment of the Community Criteria 6 : Previous Experience in Working with Publicly 0-20 Owned Utilities Tota I Score : AveraRe Score: Th ompson E ngineenng Points Range Criteria 1: Qualifications, Knowledge, and Expert ise Regard ing 0 -20 the Proposed Scope o f Work Cr iteria 2: Experience of Proposed Key Personnel 0-20 Criteria 3 : Resource s an d Ava ila bil ity 0-10 Cr ite ria 4: Experience w ith Federally Funded Projects 0-10 Criteria 5 : Understanding and Fami liarity with the Needs o f 0-20 the Environment of the Community Criteria 6 : Pre v ious Experience in Worki ng w ith Publicly 0 -20 Owned Utilities Total Score : Average Score : Recommendation: To the best of my knowledge this is an accurate Evaluation Tabulation Signature Erin Wolfe, Purchasing Manager Evaluator 1 16 16 8 5 14 14 73 Evaluator 1 14 17 6 6 17 14 74 Evaluator 2 Evaluator 3 Evaluator4 Evaluator S 14 18 14 18 14 18 15 18 6 8 7 8 6 9 6 8 14 18 14 18 15 19 14 19 69 90 70 89 78 Evaluator 2 Evaluator 3 Evaluator4 Evaluator 5 17 17 15 17 15 16 15 17 8 7 8 8 8 8 7 9 16 19 15 18 16 18 14 18 80 85 74 87 80 80 81 Table of Contents Section 1 -Cover Letter ................................................................................................... 2 Section 2-Firm Profile .................................................................................................... 4 Section 3-Firm Experience ............................................................................................ 4 Section 4-Firm Proximity to and Familiarity with the City of Fairhope ........................ 9 Section 5-Project Team ................................................................................................ 10 Section 6-Project Approach ........................................................................................ 18 Section 7 -Project References ...................................................................................... 21 Section 8-Equal Opportunity ....................................................................................... 21 Section 9-Debarment Certification (Active Registration in SAM.gov) ....................... 21 Kimley >>> Horn Dog House Pump Station Rehabilitation RFQ No. PS23-023 1 82 Section 1 -Cover Letter Kimley >>> Horn July 11, 2023 Erin Wolfe, Purchas ing Manager Ci ty Services and Public Utilitie s Building 555 South Section Street Fairh ope, AL 36532 Re: RFQ No . PS23-023 Professional Engineering Services for Dog House Pump Station Rehabilitation American Rescue Plan Act of 2021 (ARPA) Dear Ms . Wolfe and Members of th e Selection Committee: Th e City of Fairhope seeks the services of a professional engineering firm to provide Profes~ional Engineering Services for the Dog House Pump Station Rehabilitat ion (RFQ No . PS23-023). The services t o be provided for this project wi ll be determined by the City and will include all stages of grant administrat ion assistance and compliance, design, bidding, and constructi on phase services. Kimley-Horn understand services may include civi l engi neering , survey ing, geotec hnical, st ructural engineering , electrical engineering, en vironmental permitting, bidding , costing, budgeting, and construction inspection services . Th e scope of this contract requires an exce ll ent working relati onship wi th the City of Fairhope and a team that can funct ion as a seam less extension of you r staff to complete this project on t ime and within budget. Our Kimley-Horn team was specifically chose n to exceed your expectations for all tasks on this project. As you re view ou r qualifications, please consi der the following benefits of our t eam: QUALIFICATIONS, KNOWLEDGE, AND EXPERTISE REGARDING THE PROPOSED SCOPE OF WORK . Our team was assembled to provi de technical expertise and extensive experience in permitting , grant administrati on assistance and compliance, hydraulic modeling for proper sizing of pumps, and pump station rehabilitat ion design. This team structure offe rs you the best of both worlds : a local team consisting of professionals with over two decades of experience worki ng within this region , backed by t he unmatched resources of a nationally rank ed engineering firm . As a firm, in the last 10 years we have completed over 3,400 co llection and conveyance system proje cts. We have provided cl ient contacts for each of our representati ve projects, and we encou rage the re view committee to con tact o ur references . EXPERIENCE OF PROPOSED KEY PERSONNEL. As your project manager, I have over 25 years of experience related to pump station desig n and reh abilitation projects . Du ring this time, I have served the surround in g area utility clie nts t hat include: Emerald Coast Util it ies Aut hority (ECUA), Mobi le Area Water and Sewer System (MAWSS), City of Ch ickasaw, City of Fairhope, and the Jackson County Utility Authority (JCUA). Over the past 24 yea rs , I have been in volved wi th the successful rehabilitation of over 40 pump stations, the design of over 30 new pump stations. I am supported by local staff assigned to this project that includes Jason Gault, P.E., Brock Jo nes, P.E., Taylor C hann ell , E.I, and Ben Shipley, E.I. As the local team we have more than 70 years of comb in ed experience wit h project s similar in scope . Furthermore, our local team is supported by key subcontract ors t hat include: McCrory and Williams (S urveyi ng and a WBE Firm), Isaiah Engineering (Electrical and a MBE firm), and Geotechnical Engineering and Testing (Geotechnical). RESOURCES AND AVAILABILITY. As a firm, Kimle y-Horn has an ex ceptional reputation for deli vering quality wastewater consu ltin g services for clients across the nation , and we have extensive experience with pump station design and rehabili tat ion projects. The Kimley-Horn approach is rooted in our clie nt relationships and willingness to listen to your needs , constraints, and goals . Our team has th e ability to perform the work and wi ll be a highly responsive partner to the City and key co ntri butor in your efforts to best serve your residents. We pledge to deli ver solutio ns wi th your inte rests in mind. In addition to our local staff , we have access t o more than 7,500 Kimley-Horn professionals in 100+ offices across the United States and can call upon their services if a specific project task demands it or special expertise is required. kimley-horn .com 11 North Water Street , RSA Battle House Tower, Suite 9290 , Mobile , AL 36602 251 263 8350 2 83 RESOLUTION 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 of (Bid No. 023-22), Disaster Debris Removal Monitoring Services 2022 for the Public Works Department, with True North Emergency Management, LLC per the tenns and conditions of the original contract. The cost of this contract will be determined if it is activated at the time of a disaster. Attest: Lisa A . Hanks , MMC City Clerk Adopted on this 14th day of August , 2023 Jay Robinson , Council President 84 City of Fairhop e Project Fund ing Request COF Project No . 2344 Issu ing Date : --~8~/3~/~20~2~3~--Please return this Routing Sheet to Treasu re r by. --~A~ScccAcc....P __ Project Name : Aoorove Extension No. 1 of Contract for Bid No . 023-22 Disaster Debris Removal Monitorino Services (2022) Project Location : __,C:.:i.:.tv'-"w"-id=-e=----------------------------- Resolut ion # : Presented to City Council : ___ 8_/1_4_/2_0_2_3 __ Approved _____ _ Fund in g Request Sponsor: Richard Johnson Public Works Director Changed _____ _ Rejected _____ _ ProJe ct Cash Requ irement Requested : Cost: _$~ _______ To Ba Determined at T ime of D isaster _.,,,, •. 1 Vendor: True North Emergency Management, LLC (Vendor #6142) Project Engineer:~n~/a~-------------------------------------------- Order Date : -----"n"/a"-----Lead Time : ___ n_/a _________ _ Department Funding This Project Genera/ 0 Gas D Electric D Wale □ Wa stewater D San it at ion D Department of General Fund Providing the Funding Admm -10 Fleet-46 0 Bldg-13 0 0 Go lf-SO C Police-15 D Fire-20 D ECD-24 C Rec-25 C Go lf Grounds-55 D Mu seu m-27 D Non DeptFa c-7 5 D Deb t Service -85 C Project will be · Fund ing Source : Expensed XXX 0 Operat ing Expenses Cap italized D Budgeted Capital Inv entoried C Unfunded Expense Code : To Be Determined Gi l Acct Name : Specific Disaster Cost G/L Account Pro ject Budgeted . $ . Ba lan ce Sheet Item-G Included in projected cash flow Bond : Over (Unde r) budget amount: $ Loan : ApPfo ve the Extension No. 1 for Bid No. 023-22 Disaster Debris Removal Monitoring Services 2022 to True North Emergency Management, LLC, for the Hme terms and condition• as the orig intil bid award for which the contract was executed September 8, 2022. The request for Extensi on No . 1 will extend the referenced contract until Septemeber 7, 2024. Authorize Mayor to execute Extension No. 1 of contract. Cap ital Lease : City Counci l Pri or Approval /Date ? 07/11/22 Regular Meeting Bid Awarded (Original Contract Executed on 09/08/22) Senior Accountant City Treasurer Pu rcha sing Memo Date : --~8=/=2/~2~0=2-=-3 __ Purchas in g Memo Date : __ _,8"'/2='=2-=-02=-3=---- Cap Project D Civ ic-26 C Manna-34 0 XXX . Im pact D Ga s Ta x D Street-35 G Meter-19 C Plan/Zo ne-12 0 Adult Re c-30 0 0 C D Fede ra l -not to exc eed amoun t Sta te City Local Titl e Tille Payment Mayor Fed Gra nt C IT-16 C Year Yea r Term I 85 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: July 25, 2023 Re : Requesting Green Sheet and Approval by City Council for Extension No. 1 for Bid No. 023-22 Disaster Debris Removal Monitoring Services 2022 The Director of Public Works , Richard Johnson , is requesting Extension No . 1 for Bid No . 023-22 Disaster Debris Removal Monitoring Services 2022. The original contract was executed on September 8 , 2022 and awarded to True North Emergency Management , LLC . The request for Extension No. 1 will extend the referenced contract until September 7 , 2024 . The Vendor has agreed to Extension No. 1, with all terms and conditions of the bid award . Please place on the next City Council Agenda this request to approve the Extension No. 1 for Bid No. 023-22 Disaster Debris Removal Monitoring Services 2022 to True North Emergency Management, LLC for the same terms and conditions as the original bid award. Enclosure Cc: Richard Johnson, Clint Steadham 86 City of Fairhope Bid No. 023-22 Disaster Debris Removal Monitoring Services 2022 Contract Extension No. 1 This EXTENSION NO .l of CONTRACT ("Extension") is made this __ day of __________ ,2 023, for the purpose of extending the agreement known as Bid No. 023-22 Disaster Debris Removal Monitoring Services 2022, dated September 8, 2022, ("Original Contract") between the City of Fairhope and True North Emergency Management, LLC (the "Part ies"). 1. Extension 1 of thi s agreement, which is attached hereto as a part of this Exten si on , is descri bed below: Bid No . 023-22 Disaster Debris Removal Monitoring Services 2022 and will end on September 7, 2023 at midnight. 2. The Parties agree to extend Extensi on 1 agreement for an additional period, which will begin immediately upon the expiration of the original time pe rio d September 8 , 2023 and will end on September 7, 2024. 3. This Extension binds and benefits both Parties and any successors or assigns . This document, including the attached Orig i nal Contract, is the entire agreement between the Parties . All other terms and conditions of the Original Contract, including pricing, remain unchanged . IN WITNESS WHEREOF, the parties hereto have executed this Contract Extension as of the day and year first above written . THE CITY OF FAIRHOPE, ALABAMA BY : Sherry Sullivan, Mayor NOTARY FOR THE CITY STATE OF ALABAMA} COUNTY OF BALDWIN} ATTEST: BY: Lisa A . Hanks, MMC, City Clerk I, the undersigned authority in and for said State and County, hereby certify that Sherry Sullivan as Mayor 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 informed of the contents of the document she executed the same voluntarily o n the date of the same bears date. Given under my hand and Notary Seal on th is __ day of ________ , 2023 . Notary Public ____________ _ My Comm issi on Expires: _____ _ 87 If Corporation, Partnership, or Joint Venture Name of Corporation, Partnersh ip, or Joint Venture By : _____________ _ Signature of Officer Authorized to Sign Bids and Contracts for the Firm Email Address Bus iness 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 Print Name of Bid Signer Type or Print Bid Signer Title Respectiv ely, of _____________________________ _ Type or Pr int Company Name Whose name is signed to the foregoing document and who is known to me , acknowledged befo re 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 _______ _ 88 RESOLUTION 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 of (Bid No. 026-22), On Call Contractor for Gas Department, with Equix Energy Services , LLC as per the terms and conditions of the original contract. The annual cost not-to-exceed $200,000.00. Attest: Lisa A. Hanks , MMC City Clerk Adopted on this 14th da y of August, 2023 Jay Robinson , Council President 89 City of Fairhope Project Fund ing Request COF Project No . 2347 Issuing Date : --~8/~3~/2~0~2~3 __ P lease return th is Routing Sheet to Treasurer by : ---'A'-'S=A::..P __ Project Name: Aoorove Extension No . 1 for Bid No. 026-22 for On-Call Contractor for Gas Decartment / ,. Project Location : _,Gc,ac:s::..:D=eo,::'t,..._ _________________________ _ Resolution # : Presented to City Council : ___ 8/_1_4/_2_02~3 __ Approved _____ _ Funding Request Sponsor: Wes Boyett, Interim Gas Superintendent Changed _____ _ Rejected _____ _ Project Cash Requirement Requested : Cost: $ 200,000.00 Not to exceed Vendor: Equlx Energy Services, LLC (Vendor #6179) Project Engineer: _,_n,,_,ia,,_ ________________________________________ _ Order Date : ___ ...,n.:o/.::a __ _ Lead Time : __ ....:..:n:..:/a,..._ _______ _ Department Funding This Project General □ Gu 0 Electric □ Wate□ Wastewater 0 Sanitation □ Department of General Fund Providing the Funding Adm in-10 0 Bldg-13 0 Fleet-46 0 Golf-SO 0 Police-15 0 Fire-20 0 ECD-24 0 Rec-25 0 Go~ Grounds-55 D Museum-27 D NonDeptFac-75 D Debt Service-85 D Project will be : Funding Source : Expensed □ Operating Expenses Capitalized XXX 0 Budgeted Capital Inventoried □ Unfunded Expense Code: 002-59500 GIL Acct Name : Capital Sys Improve Budget Project Budgeted: $ 200,000.00 (WIii inciude In FY24 Budget) Ba lance Sheet Item-□ Included in projected cash flow Bond : Over (Under) budget amount: $ . Loan : Approve Extension No . 1 for Bid No. 026-22 On-Call Contract for Gas Department with Equix Energy Services, LLC, In an amount to be detennined baMd on necnaary usage of services. This r9quest will extend the referenced contract until September 7, 2024. Professional 5arvicts are budgetad In lotlll for G11 Department for FY23 at $289 ,000. Authorize Mayor to execute contract Extan1ion No . 1. Capital Lease : City Council Prior Approval/Date? 07/11/22 Bid No. 026-22 Awarded (Original Contract Executed 09/08/22) Senior Accountant City Treasurer Purchasing Memo Date : ---'8"'/21=20""2~3'--_ Purchasing Memo Date : ----"8"'/21,c2,,_,0""2"'3'---- Reque~ed Date: ll\M 8/4/2023 Cap Project O Civic-26 0 Marina-34 0 XXX . Impact □ Gas Tax □ Street-35 0 Meter-19 D Plan/Zone-12 0 Adult Rec-30 0 □ 0 □ Federal -not to exceed amount State City Local Title Title Payment Mayor Fed Grant D IT-16 0 Year Year Term 90 Sherry Sullivan Mayor Counci l 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: Suzanne Doughty, Senior Accountant Kimberly Creech, City Treasurer From: Erin Wolfe, Purchasing Manager Date: August 2, 2023 Re: Requesting Green Sheet and Approval by City Council for Extension No. 1 for Bid No. 026-22 On Call Contractor for Gas Department The Interim Superintendent of the Gas Department , Wes Boyett , is requesting Extension No . 1 for Bid No. 026-22 On Call Contractor for Gas Department. The original contract was executed on September 8, 2022 and awarded to Equix Energy Services , LLC. The request for Extension No . 1 will extend the referenced contract until September 7 , 2024 . The Vendor has agreed to Extension No. 1, with all terms and conditions of the bid award . Please place on the next City Council Agenda this request to approve the Extension No. 1 for Bid No. 026-22 On Call Contractor for Gas Department to Equix Energy Services, LLC for the same terms and conditions as the original bid award. Enclosure Cc: Wes Boyett, Clint Steadham 91 City of Fairhope Bid No. 026-22 On Call Contractor for Gas Department Contract Extension No. 1 This EXT EN SION NO .1 of CONTRACT ("Exte nsi o n") is ma de this __ day of __________ ,2 023, for the purpose of extending the agreeme nt known as Bid No . 026-22 On Call Contractor fo r Gas Department, dated September 8, 2022, ("Original Contract") be tween the City of Fairhope an d Equix Energy Services, LLC (the "Part ies"). 1. Exte nsion 1 of this agre ement, whi ch is attached hereto as a part of th is Exte nsion , is des cribe d below : Bid No . 026-22 On Call Contractor for Gas Department and w ill end on Septembe r 7, 2023 at midnight . 2. The Parties agree t o extend Extens ion 1 agreement for an additional period, which will beg in immediately upon the expirati on of the original t ime peri od September 8, 2023 and w ill en d on September 7, 2024. 3. This Ext ension binds and benefits bo t h Parties and any successors o r assigns. This document, inclu din g the attache d Or ig in al Cont ra ct , is the entire agr ee men t between the Partie s. All ot her term s and con d ition s of th e Origina l Co nt ra ct, inc lud i ng pricing, rema in un change d . IN W ITNESS WHEREO F, the parties her eto hav e exe cu te d t his Contract Exten si on as of t he day an d year fi rst above w r itten . THE CITY OF FAIRHOPE, ALABAMA BY: Sherry Sullivan, Mayor NOTARY FOR THE CITY STATE OF AL A BAMA} COUNTY OF BA LDWIN} ATT EST : BY: Lisa A. Hanks, MMC, City Clerk I, the un dersigned autho r ity in an d fo r said State and Coun ty, hereby cert ify th at Sherry Sullivan as M ayor of the Cit y of Fair hop e w ho se name is signed to t he foreg o ing document and who is know n to me , ackn ow led ge d before me o n this day, being informed of the co nt ents of the document she executed the same volu ntari ly o n the date of th e sa m e bears date . Given und er my han d and Notary Seal on this __ day of ________ , 20 23 . Not ary Pu b lic ____________ _ M y Comm ission Ex pires : _____ _ 92 If Corporation, Partnership, or Joint Venture Name of Corporation , Partnersh ip, or Joint Venture By : _____________ _ Signature of Officer Authorized to Sign Bid s and Contracts for the Firm Email Address Business Mailing Addre ss 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 Print Name of Bid Signer Type or Print Bid Signer Title Respectively, of _____________________________ _ Type or Pr int Company Name Whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, be ing of the contents of the document they executed the same volunta rily on the day the same bears date . Given under my hand and Notary Seal on this ___ day of _____ ~ 2023 . Notary Public ___________ _ My Commission Expires _______ _ 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 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 for City-Wide Road Repair , Resurfacing and Striping Project for the Public Works Departm en t (Bid No. 23-032-2023-PWI-012) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place , the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for City-Wide Road Repair, Resurfacing and Striping Project for the Public Work s Department [3 ] After evaluating the bid proposals with the required bid specifications , Asphalt Services , Inc., with the total bid proposal not-to-exceed the amount of $900,792.38, is now awarded the bid for City-Wide Road Rep air , Resurfacing and Striping Project for the Public Works Department. ADOPTED ON THIS 14TH DAY OF AUGUST , 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 174 City of Fa irhope Project Funding Request COF Project No. 2350 Issuing Date : ___ 8_/_3/_2_02_3 __ _ Please return this Routing Sheet to Treasurer by : __ c..A=Sc..A.c.P __ Project Name: Approve the Award of Bid No. 23-032-2023-PWl-012 Cltv-Wlde Road Repair Resurfaclna and Strf Pina Protect Project Location: City of Fairhope Presented to City Council : --"'8/'"'1-"4/"'2"'0=-23'--- Funding Request Sponsor: Richard Johnson Public Works Director George Ladd, Assistant Public Works Director Project Cash Requirement Requested : Resolution # : Approved _____ _ Changed Rejected _____ _ Cost: $ 9001792.38 Not-to-€xceed Amount Vendor: Asphalt Services, Inc . (Vendor #3005) Project Engineer. ..:.n::..:/a'----------------------------------------- Order Date: ____ n/_a __ _ Lead Time : __ ..cn/=a _______ _ Department Funding This Project General □ Gas □ Electric □ WateO Wastewater D Sanitation D Cap Project 0 Impact D Department of General Fund Providing the Funding Adm in-10 □ Bldg-13 0 Pol ice -15 0 Fire-20 D ECD-24 D Rec-25 D Clvfc-2fl 0 Street-35 D Fleet-46 □ Go tt-50 D Gott Grounds-55 D Museum-27 D NonDeptFac-75 D Debt Service-85 □ Manna-34 0 Plan/Zone-12 D Project will be : Funding Sounce : Expensed □ Operating Expenses □ Capitalized XXX 0 Budgeted Capital XXX 0 Inventoried □ Unfunded D Gas Tax □ Meter-19 Adult Rec-30 Expense Code : 103-65856 Federal -not to exceed amount GIL Acct Name: City Wide Street Resurface/Miscellaneous State City Local Project Budgeted : $ 498,000 .00 (103-55856 -$423 ,000 City-Wide Roads & 001260-50475 • $75,000 Civic Center Parking Lot) Balance Sheet Item-D Included In projected cash flow Bond : Title Over (Under) budget amount: $ 402,792 .38 Loan : Title Approve the award of Bid No . 23-032-2023.PWl-012 City-Wide Road Rapalr, Rasurfacing and striping project in the noHo◄xcffd amount of $900 ,792.38 to Asphalt Services , Inc . Of the tota l contract price the city-wide roads repair amount is $710 ,576 .88 and $190 ,215.50 Is for city owned property parking Iota (Civic Center• $118 ,912.50 and Pecan Building -$71 ,303 .00). Authortze the Mayor to execute contract. Capital Lease : . Payment City Council Pri or Approval/Date? ______ _ Senior Accountant City Treasurer Mayor D D Purchasing Memo Date: --~8~/21=20=2=3~-Purchas in g Memo Date: --~8=/21=2=0=2=3 __ _ Delivered To Date : ---=8'-/4"'/2""0:=2c::3'--- Fed Grant D IT-16 0 Year Year Term 175 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 -928-677 6 (f) www.fairhopeal.gov MEMO To : Suzanne Doughty, Senior Accountant Kimberly Creech, City Treasurer From: Erin Wolfe, Purchasing Manager Date: July 27, 2023 Re: Requesting Green Sheet and Approval by City Council to award Bid No. 23- 032-2023-PWl-012 City-Wide Road Repair, Resurfacing & Striping Project The Director of Public Works , Richard Johnson , has requested city-wide road repair , resurfacing and Striping . This project entails all material , equipment , labor, and incidentals to conduct resurfacing , restoration and rehabilitation , striping , marking and base repair for roadway segments and/or parking surfaces . A serv ice bid was issued on June 18 , 2023, posted to the City of Fairhope 's website , and viewed by 143 of 397 vendors who select to receive e-notifications. Two (2) responsive bids were received at the bid opening on July 20 , 2023 at 2 :00 p.m. The Director of Public Works recommends the award be made Asphalt Services, Inc. Their low bid response price for the entire project was Nine Hundred Thousand Seven Hundred Ninety-Two Dollars and Thirty-Eight Cents ($900 ,792 .38). Please prepare a Green Sheet and place on the next City Council Agenda this request to award Bid No. 23-032-2023+-PWl-012 City-Wide Road Repair, Resurfacing & Striping Project for the not to exceed cost of $900,792.38. Enclosure Cc: Richard Johnson, George Ladd, Clint Steadham 176 City of Fairhope Bid TabulaUon Bid No. 23-032-2023-PWl-012 City-Wide Road Repair, Resurfacing and Striping Project Project: 2023-PWI 012 City-Wide Road Repair, Resurfacing and Striping Project Opened July 20, 2023 at 2:00 p .m . Vendor: Asphalt Services , Inc. Bid Documents Signed/Notarized: y Bid Bond: y Vendor Compliance (Y/N): y Project Subtotal A Bancroft Alley -Gravel Road Paving -Approx . 175 $11 ,920 .85 L.F . B Haver Lane -Cul-de-sac Paving -Approx . 170 $11 ,058 .53 L.F . C Windmill Road-From Thompson Hall lo SR181 -$83 ,500.45 Approx. 2 ,565 L.F . D White Avenue -From S. Bayview St. to S . Mobile $39 ,926 .00 SI. -Approx . 769 L.F. E White Avenue -From S. Bayview St. to S . Section $100,030 .90 St. Approx . 2.782 L.F . F Riveroaks Drive -From Boothe Rd . to Oakwood $56,821 .00 Ave . -Approx . 1, 1'95 L.F . G Oakwood Ave . Sagebrush Lp . & Driftwood Ave . -$110,693 .25 Approx . 4 ,548 L.F . H Sea Cliff Drive -From BC Maintenance to $98,492.50 Southern Terminus-Approx. 2 ,217 L.F . I Bayou Drive -From N. Section St. to Fairwood $70 ,885.50 Blvd . -Approx. 1,540 L.F . J Quail Creek Drive -From SR181 lo Neighborhood $113,747 .90 Entrance -Approx. 2 ,210 LF. K Pecan Building Parking Resurfacing & Striping -$71 ,303.00 Approx. 4,338 S .Y . L City Hall/Civic Center Parking Resurfacing & $118 ,912 .50 Strip ing-Approx. 3 ,680 S.Y . M Proj ect-Wide : Asphalt Leveling -Unit Price In $13 .500 .00 Place Combined Bid Total $900,792 .38 Recommendation : To the best of fflY knowffHJg• this is an •ccurat• · ~~ o, "2..' [ "2-d2... Signature Richard Johnson, Public Worlcs DI 0~ Signature Erin Wolfe, Purchasing Manager John G. Walton Construction Company y y y Project Subtotal $24 ,305 .39 $18 ,903 .28 $80 ,859 .15 $40 ,988.15 $105 ,588.83 $66 .957 .00 $126 ,094 .55 $100 ,622 .01 $70 ,040 .10 ' $104,925.12 $75 ,663 .66 $130 ,272 .73 $16 ,833 .00 $962 ,052 .97 177 INVITATION TO BID NO. 23-032-2023-PWI-O 12 PROJECT NO. 2023-PWI 012 CITY-WIDE ROAD REPAIR, RESURFACING & STRIPING PROJECT CITY OF FAIRHOPE SHERRY SULLIVAN, MAYOR 178 TABLE OF CONTENTS Invitation and Instruction to Bidders ......................................................... I Scope of Work ................................................................................... 11 Bid Response Form ........................................................................... Ill Contractor Information ........................................................................ IV Insurance ......................................................................................... V Sample Contract. ........................................... , ................................... VI Standard Terms and Conditions ........................................................... VII Alabama Immigration Act Contract Requirements .................................. .VIII Invitation Summary ............................................................................ IX Bid Bond .......................................................................................... X Performance Bond ............................................................................ XI Labor and Materials Bond .................................................................. XII Closeout Documents ........................................................................ .XIII Bid Set Drawings ..................................................................... Attachment i t l L 179 ITEMI INVITATION AND INSTRUCTIONS TO BIDDERS 1 .00 BID INVITATION 1.01 Notice is hereby given that the City of Fairhope ("CITY") will receive bids on the project described herein . Qualified BIDDERS are invited to bid on this CONTRACT. BIDNO.: 23-032-2023-PWl-012 NAME: City-wide Road Repair, Resurfacing & Striping Project 1.02 SUMMARY The City of Fairhope is requesting responses from qualified contractors to provide all material , equipment , labor and incidentals to conduct Resurfacing , Restorat ion , and Rehabilitation (RRR), striping , marking , and base repair for City of Fairhope roadway segments and/or parking surfaces contained in the bid specifications. IT is expected that the winning bidder can complete this project within ninety (90) calendar days, no exceptions for holidays, following a fifteen (15) day Notice to Proceed period. 1.03 BID DEADLINE Bids will be received until 2:00 P.M. local time, Thursday, July 20, 2023, at the City Services and Public Utilities Building , 555 South Section St., Fairhope , Alabama, and publicly opened shortly thereafter. 1.04 AVAILABILITY OF DOCUMENTS Bid Documents may be obtained on the City 's website at www.FairhopeAL.gov/departments/purchasing/bids or at the City Services and Public Utilities Building , 555 South Section Street., Fairhope , Alabama . One set of Bid Documents can be obtained free of charge. 1.05 INQUIRIES Questions or comments pertaining to this bid must be presented in writing , sent as e-mail to the attention of the Purchasing Manager, Erin Wolfe, 555 South Section St., Fairhope , AL 36532 , e-mail : Purchasing@FairhopeAL.gov, by Thursday, July 13 , 2023, at 2:00 P .M . or will be forever waived . 1.06 SITE EXAMINATION There will be a non-mandatory pre-bid meeting on Tuesday, July 11 , 2023 , at 2 :00 P .M. at the City Services and Public Utilities Building located at 555 South Section Street, Fairhope , AL. This non- mandatory pre-bid meeting will serve as an opportunity for potential bidders to engage project stakeholders , review plans and ask questions . The City of Fairhope will not furnish any labor, material, or supplies unless specifically stated in the CONTRACT Documents. BIDDERS must be properly licensed to perform the work as outlined in the Scope of Work . Awarded Vendor must have a current business license or purchase a business license with the City of Fairhope prior to bid being awarded . Except for CONTRACTS funded in whole or in part by funds received from a federal agency , preference shall be given to resident BIDDERS on the same basis as the nonresident BIDDERS state awards CONTRACT to Alabama BIDDERS bidding under similar circumstances . Therefore , non-resident BIDDERS shall submit with their bid a written opinion of an attorney at law licensed to practice law in the non-resident BIDDERS state of domicile as to preferences granted by that state to entities doing business in that state when letting public contracts . 180 f L J 1.07 BID SECURITY Bids shall be accompanied by a Bid Security equal to 5% (percent) of the bid price , but in no event more than $10 ,000 .00. Bid Security shall be in the fo rm of a Bid Bond or a cashier's check payable to The City of Fairhope . No Bid Security is required on bids less than $10,000 .00. 1.08 PERFORMANCE ASSURANCE AND INSURANCE The BIDDER to whom award is made shall provide a Performance Bond equal to 100% of the CONTRACT Amount and a Labor and Material Bond equal to 50% of the CONTRACT amount. The accepted BIDDER shall also provide insurance as required in ITEM V. 1.09 DURATION OF OFFER 1.10 1.11 Bids maybe withdrawn in written or telegraphic request received from BIDDER prior to the time fixed for opening . No bid shall be withdrawn for a period of thirty (30) days subsequent to the opening of bids without the consent of the City Council of the City of Fairhope . EQUAL OPPORTUNITY The City of Fairhope is an Equal Opportunity Employer and requires that all BIDDERS comply with the Equal Employment Opportunity laws and the provisions of the CONTRACT Documents in this regard . The City of Fairhope also encourages and supports the utilization of Minority Business Enterprises on this and all public bids . BID SUBMISSION AND PREPARATION Sealed Bids , signed , executed , and dated, will be received by the City of Fairhope as noted in section 1.03 above . Submit one copy of the executed offer on the Bid Form provided , signed , and with the required Bid Security . The bid shall be enclosed in a sealed opaque envelope approximately 9x12 inches or larger, clearly identified on the outside as a SEALED BID with the BID NAME, BID NUMBER, CITY'S NAME AND ADDRESS , CONTRACTOR'S NAME AND ADDRESS . Forms furnished , or copies thereof, shall be used , and strict compliance with the requiremen ts of the invitation , these instructions , and the instructions printed on the forms is necessary. Special care should be exercised in the preparation of bids . BIDDERS must make their own estimates of the facilities and difficulties attending the performance of the proposed CONTRACT, includ ing loca l conditions , uncertainty of weather , and all other contingencies . All designations and prices shall be fully and clearly set forth . The proper space in the bid and guaranty forms shall be suitably filled in. Fill in all blanks on the bid form with non-erasable ink or type . Erasers or othe r changes must be explained or noted over the signature of the BIDDER. The Bid Form may have a Contingency Allowance listed . Add this amount to the Base Bid to derive the Total B id. The Contingency Allowance covers unforeseen conditions and shall not be used by the BIDDER without the written authorization of the CITY . At the conclusion of the project, the unused portion of the Contingency Allowance shall revert to the CITY . Each bid must give the full business address of the BIDDER and must be signed by him with his usual signature . Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership , or by an autho riz ed representative , followed by the signature and designation of the person signing . Bids by corporations must be signed with the lega l name of the corporation followed by the name of the State of Incorporation and by the signature and des ignation of the president, secretary , or other person authorized to bind it in the matter. The name of each person shall also be typed or printed below the signature. A bid by a person who affixes to th is signature the word "president ," "secretary ," "agent ," or other des ignation w ithout disclosing his principal , may be held to be the bid of the individual signing . When requested by the CITY satisfactory evidence of the authority of the officer signing in behalf of the co rporation shall be furnished . Each project will be bid separately unless otherwise expressly requested in the CONTRACT document. Combination bids , that is bids on separate projects lum ped together as a single bid or on all or none basis , will not be accepted unless the CONTRACT document expressly requests or permits same . 181 1.12 BID INELIGIBILITY Bids that conta in ir regularities of any kind may be declared unacceptable at the discretion of the CITY . The CITY may waive any irregularities and may reject any or all b ids . Bids received after the deadline will be returned to the BIDDER unopened . 1.13 CONTRACT TIME The BIDDER agrees to provide all material , equipment , labor , and incidentals to conduct Resurfacing , Restoration and Rehabilitation (RRR}, striping , marking, base repair and limited ADA sidewalk improvements for City of Fairhope roadway segments and/or parking surfaces contained in the project Scope of Work. It is expected that the winning bidder can complete this project in ninety (90) calendar days , no exceptions for holidays following a fifteen (15) day Notice to Proceed Period . 1.14 INQUIRIES/ADDENDA All Addenda are part of the CONTRACT Documents. Inc lude resulta nt costs in the Bid . Addenda will be issued by E-MAIL and posted on the City 's website : www.FairhopeAL.gov . It is the responsibility of the BIDDER to verify that all Addenda have been received . Questions or comments pertaining to this bid must be presented in writing , sent via email to Purchas ing@Fa irhopeA L.gov by Thursday, July 13 , 2023 , at 2:00 P.M . or will be forever waived . 1.16 BID ACCEPTANCE Bid with lowest Total Bid amount from a responsive and responsible BIDDER may be accepted if within the CONTRACT Budget. In the event that alternates are listed on the Bid Form , the lowest combination of Total Bid and Alternate Bids accepted by the CITY shall be the accepted bid . Alternates shall be awarded in the order in which they are listed on the Bid Form . 1.17 BIDDERS INTERESTED IN MORE THAN ONE BID If more than one bid is offered by any one party , by or in a name of his clerk , partner, corporation in which he has a substantial interest, or in which he is an officer, or other person , all such bids may be rejected . A party who has quoted prices on materials to a BIDDER is not thereby disqualified from quoting prices to other BIDDERS or from submitting a bid directly for the mater ials or work . The CITY reserves the right to determine in its discretion whether the provisions of this clause have been violated by any BIDDER. 1.18 ERRORS IN BIDS BIDDERS or their authorized agents are expected to examine the maps , drawings , specifications and all other instructions pertaining to the work, which will be open to their inspection . Failure to do so will be at the BIDDER'S own risk . In case of error, in the extension of prices , the unit price will govern . 1.19 CONTRACT AND BOND The BIDDER to whom award is made must, when requested , ente r into written CONTRACT on the standard form as set out herein , with satisfactory security in the amount required , within the period specified , or, if no period be specified , within 15 days after the required forms are presented to him for signature . 1.21 COLLUS ION If there is any reason for believing that collusion exists among the BIDDERS any or all bids may be rejected , and those participating in such collusion may be barred from submitt ing bids on the same or other work with the CITY . 1.22 SUBLETTING OR ASSIGNING OF CONTRACT Limitations : The CONTRACTOR shall not sublet, ass ign , transfer , convey, sell , or otherwise dispose of any portion of the CONTRACT, his right , title or interest therein , or his power to execute such CONTRACT, to any person, firm or corporation without written consent of the CITY , and such written 182 I. consent shall not be construed to relieve the BIDDER of any responsibility for the fulfillment of the CONTRACT . Unless otherwise stipulated in the proposal or special provisions , the BIDDER shall perform with his own organization , and with the assistance of workmen under h is immediate superintendence and reported on his payroll , all CONTRACT work of a value not less than 50 percent of the total CONTRACT amount, except that any items designated in the CONTRACT as "Specialty Items " so performed by SUB-CONTRACT may be deducted from the total CONTRACT amount before computing the amount of work required to be performed by the BIDDER with his own organization . SUB-CONTRACTOR'S Status : A SUB-CONTRACTOR shall be recognized only in the capacity of an employee or agent of the CONTRACTOR and the CONTRACTOR will be responsible to the CITY for all of the SUB- CONTRACTOR's work , including failures or omissions ; and his removal may be required by the Project Manager, as in the case of an employee. 1.23 PROSECUTION OF WORK The BIDDER shall prosecute the work continuously and diligently in the order and manner set out in his schedule as appro ved by the CITY. He shall provide sufficient satisfactory materials , labor , and equipment to ensure that the work w ill be completed in a satisfactory manner within the time specified in the CONTRACT. Should the BIDDERS fail to maintain a satisfactory rate of progress , the CITY may require that additional forces and/or equipment be placed on the work to bring the project up to schedule and maintain it at that level. Should the BIDDER fail to furnish sufficient satisfactory equipment and/or labor for maintain ing the quality and progress of the work at satisfactory level , the CITY may withhold all est imates that may become due until satisfactory quality and progress are maintained ; or the CONTRACT may be annulled . 183 1 ITEM II SCOPE OF WORK Bid No . 23-032-2023-PWl-012 Project No. 2023-PWI 012 City-Wide Road Repair, Resurfacing & Striping Project SCOPE OF WORK The C ity of Fairhope is requesting responses from qualified co ntractors to prov ide all material , equ ipment, labo r and inc identa ls to conduct Resurfac ing , Restoration , and Rehabilitation (RRR), strip ing , marking , and base repair for City of Fa irh ope roadway segments and /or pa rking surfaces conta ined in th e bid spec ificat ions. It is exp ected tha t the wi nn ing bidd er ca n complete th is project w ith in ninety (90) c alenda r da ys, no except ions fo r holidays , fo ll ow ing a fifteen (15) da y Notice to Proceed period . The Proj ect Scope of Work : Entail s all material , equipment , la bor a nd incidenta ls to conduct Resurfac ing , Restoration and Rehabilitation (RRR), st ripin g , marking , and limited leve li ng /base repa ir improvements for the follo wi ng C it y of Fa irh op e roadway seg ments and /or pa rk ing surfaces : A. Bancroft Alley -Grave l Road Paving -Approx . 175 L.F. B . Haver Lane -Cul-de-sac Paving -Approx . 170 L.F . C . W indm ill Road -From Thompson Hall to SR18 1 -Approx . 2565 L.F . D . Wh ite Avenue -From S . Bayview St. To S . Mob ile St. -Approx . 769 L .F . E . Wh it e Avenue -From S. Bayview to S. Section St. -Approx . 2782 L.F . F. Riveroaks Drive -From Boothe Rd To Oakwood Ave -Approx . 1195 L.F . G . Oakwood Ave , Sagebrush Lp & Driftwood Ave Paving -Approxl.F .8 L.F . H. Sea Cliff Dr. -From BC Maintenance to Sout hern Terminus -Approx . 2217 L.F . I. Bayou Drive -From N. section St. to Fairwood B lvd . -Approx . 1540 L.F . J . Qua il Creek Drive -From SR18 1 to Neighborhood Ent rance -Approx . 2210 L.F. K. Pecan Building Parking Resurfacing & Striping -Approx . 4338 SY L. C ity Hall/Civic Center Parking Resurfacing & Striping -Approx . 3680 SY M . Project-Wide: Aspha lt Leveling -Unit Price in Place Mate ri a ls a nd workmanship sha ll be per the enclosed plans and spec ifications . This is a quantiti es -based project and all qua nt it ies will be fie ld verified prior to payment. Bidd ing Contractors shall field verify all condit ions prior to submittal. Bid is broken down by categories A. -M . lis ted above . Lump Sum pay items fo r Traffic Control sha ll be capped at a maximum of 2 .5% (where applicable) of the category sub -total and lump sum for Mobilizatio n/ Demobilizat ion shall be capped at a max im um of,5 .0 % of the category sub -total. Bidder may bid less tha n the cap . Eac h Ca tegory will be treated as an a la carte addit ive alternate . Mea ni ng that if overall tota ls exceed annual budgeted amo unt for road resurfacing , categories can be el iminated in tota l to adj ust to budget. CRITICAL TIMELINES: • 15-day Notice to Proceed Period • 90 Calendar Days allowed fo r wo rk (no exceptions for ho li da ys) • Li q uidated Damages of $250 .00 per calendar day beyo nd the designated contract t ime . GENERAL NOTES: 1. Contractor w ill be required to be Licensed , Bonded , and Insu red . Documents will be req uired at time of bid/quote acceptance and issuance of purchase order and/or contract. 2 . Work must be completed ninety (90) calendar days from the end of "Notice to Proceed " period . 3. Enclosed scope of work, descri ptions , qua nt it ies , etc. are "good faith " es ti mates only . Prior to subm ittin g qu otations contractor should fie ld measure and verify all q ua nt iti es . 184 4 . Only three pay requests will be accepted and processed : a. 30-Day Pay Request. b. 60-Day Pay Request -Substantial Completion of work . c. Project Closeout -Release of Retainage . 5. Job quoted is subject to the GENERAL CONDITIONS , SPECIAL PROVISIONS and SUPPLEMENTAL SPECIFICATIONS as attached . 6. Questions, inquiries and requests for clarification should be directed to Richard D . Johnson , PE ; Director of Public Works : Phone -(251) 928-8003 ; or by Email: richard .johnson@FairhopeAl.gov or purchasinq@FairhopeAl.gov . 7 . Bids/Quotes must be received by 2 :00 PM -Thursday , July 20 , 2023 , at the Purchasing Department; 555 South Section Street ; Fairhope , AL 36532 . GENERAL CONDITIONS, SPECIAL PROVISIONS and SUPPLEMENTAL SPECIFICATIONS 1. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54). The contractor alone shall be responsible for the safety, efficiency , and adequacy of his plant, appliances, and methods , and for any damage which may result from their failure or their improper construction, maintenance, or operations . 2. DEPARTMENT OF TRANSPORTATION SPECIFICATIONS: It is the intent of the Public Works Director to construct the within described improvements in accordance with the State of Alabama Highway Department Standard Specifications for Highway Construction , most current edition . Said specifications shall be hereafter referred to as the Highway Department Specifications . All provisions enumerated in the Highway Department Specifications shall be complied with , except as otherwise revised herein. Where certain modifications in said specifications appear in these specifications , only the modifications apply; otherwise , the standard specifications apply . In said specifications where the words State of Alabama, Governor, State Highway Department, Director, etc., appear, substitute the Owner. Where the word Engineer appears, it shall mean Public Works Director. Where the words Testing Laboratory and/or Laboratory appear, it shall mean the particular Testing Laboratory retained by the Owner for this work . 3. DEPARTMENT OF TRANSPORTATION DRAWINGS: Where State of Alabama Department of Transportation Alabama Standard Drawings are applicable for the work required, they shall be considered as part of the plans, and copies of required drawings will be afforded the Contractor for construction purposes . 4. PROJECT SITE: The Contractor shall keep the project site clean at all times . No loose dirt or stockpiles shall be left in areas other than those areas approved by the Public Works Director. The Public Works Director may require the Contractor to clean up any portion of the Project as he deems necessary. 5. MATERIALS: The Contractor agrees to comply with, and to require the compliance of all subcontractors with the provisions of Act #876 of the Legislature of Alabama, adopted on September 8, 1961 , requiring purchase of materials and supplies and products for the project which are manufactured , mined , processed, or otherwise produced in the United States or its territories if the same are available at reasonable prices; and the Contractor further agrees and stipulates to pay to the Owner a sum to be determined and fixed by the Owner in an amount not less than five hundred ($500 .00) dollars nor more than twenty (20%) percent of the gross amount of the Contract in the event he or any subcontractor breach this agreement to use domestic products. 185 f .. 6. EDGE OF PAVEMENT/SHOULDER PREPARATION: This work shall include furnishing all labor, equipment, materials and all incidentals necessary to prepare the existing edge of pavement and shoulder to accept the wea ring asphalt overlay . This work shall include adequate clipping and blading of the shoulder, patching of edge deformities and breakouts, and other work necessary to insure adequate structure is provided to support the new wearing asphalt surface . All prep work shall be a subsidiary obligation of the wearing asphalt unit price . Shoulder dressing and stabilization post paving will not be part of the work to be performed . 7. PUBLIC CONVENIENCE: No attempt is made to restrict work hours of the Contractor's operations, but he is reminded that it will be necessary to arrange his work schedule to provide the least inconvenience to the public and individual residents . The Contractor shall take extra precaution to insure that traffic is protected by the use of, but not limited to , flashing signs and barrels . No direct payment will be made for any of the work described in this section . 8. EROSION CONTROL: Immediately prior to any clearing and grubbing or any excavation which could disturb the soils , the Contractor shall install the erosion control items in locations as required by the nature of the work performed . The Contractor will be responsible for identifying and installing erosion control in areas where erosion may be encountered during construction of the project. The Contractor shall take all necessary precautions to insure that the construction of the project and the erosion/sediment from the project are adequately controlled and do not damage streams or adjacent property . The erosion control items installed shall be maintained by the Contractor throughout the course of the project. The City of Daphne's Environmental Programs Manager shall be the final authority for corrective action, remediation, requirement of additional BMP's and all other directives required for erosion/sediment control. 9. UNDERGROUND UTILITIES AND SERVICES: Existing utilities , mailboxes , signs and minor obstructions are not shown on the plans . Their presence , and the required removal and the resetting thereof shall be considered incide ntal to the overall project and the cost for the work noted above shall be included in the overall "lump sum· price for the project (no separate payment). The Contractor is solely responsible for the locating all ex isting Utilities and Services . Failure of the Contractor to locate any utility does not justify additional payment to the Con tractor if said utility is damaged . The Contractor must notify the utility companies involved prior to starting construction and shall make every effort not to damage any utilities . If utilities are damaged by the Contractor, the Contractor must pay all expenses incurred in the repair at no cost to the Owner or his representatives . 10. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein , and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction . 11. PROTECTION OF LIVES AND HEALTH: "The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site , which occur as a result of his prosecution of the work . The safety provisions of applicable laws and building and construction codes , in addition to specific safety and health regulations described by Chapter XIII , Bureau of Labor Standards , Department of Labor, Part 1518, Safety and Health Regulations for Construction , as outlined in the Federal Register , Volume 36 , No. 75, Saturday , April 17, 1971 . Title 29 -LABOR , shall be observed and the Contractor sha ll take or cause to be taken , such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary ." 186 .. .t 12 . PUBLIC WORKS DIRECTOR'S AUTHORITY: The Public Works Director shall give all orders and directions contemplated under this contract and specifications , relative to the execution of the work . The Public Works Director shall determine the amount , quality , acceptability , and fitness of the several k inds of work and materials which are to be pa id for under this contract and shall dec ide all questions which may arise in relation to said work and the construction thereof. The Public Works Director's estimates and decis ions sha ll be final and conclusive except as herein otherwise expressly provided . In case any question shall arise between the parties hereto relative to said contract or specifications , the determination or decision of the Public Works Director's shall be a condition precedent to the right of the Contractor to rece ive any money or payment for work under th is contract affected in any manner or to any extent by such question . The Public Works Director sha ll decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute . Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Pub li c Works Director. 13. USE OF PREMISES AND REMOVAL OF DEBRIS: The Contractor expressly undertakes at his own expense : a. to take every precaution against injuries to persons or damage to property ; b. to store his apparatus , materials , supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors ; c. to place upon the w ork o r any part thereof only such loads as are consistent w ith t he safety of that portion of the work ; materials , and debris caused by his operations, to the end that at all times the site of the work shall present a neat , orderly and workmanli ke appearance ; d. before final payment to remove all surplus mater ial , false-work , temporary structu res , including foundat ions thereof, plant of any description and debris of every nature resulting from his ope rations , and to put the site in a neat , orderly condit ion ; e. to effect all cutting , fitt ing or patching of his work required to make the same to conform to the plans and specifications and , except with the consent of the Public Works Director , not to cut or otherwise alter the work of any other Contractor. 14. INSURANCE: The Contractor shall not commence work under th is contract until he has obtained all the ins urance required by the City of Fairhope (see contract documents) and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on h is subcontract until the insurance required of the subcontractor has been so obta ined and approved . 15. MATERIALS, SERVICES AND FACILITIES: a. It is understood that except as otherwise specifically stated in the Contract Documents , the Contractor shall provide and pay for all materials , labor, tools , equipment, water, light , power, transportat ion , supervision , temporary construction of every nature , and all other services and facilities of every nature whatsoever necessary to execute , complete and deliver the work within the specified time . b. Any work necessary to be performed after regular work ing hours , on Sundays or Lega l Holidays , shall be performed without additional expense to the Owner . 16. CONTRACTOR'S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subj ect to any chattel mortgage or under a cond itional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work , free from all liens, claims or encumbrances . 17 . INSPECTION AND TESTING OF MATERIALS: a. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards . The laboratory or inspect ion agency shall be selected by the Owner. The Owner will pay for all laboratory in spection service d ir ect , and not as a part of the contract. 187 r r b. Materials of construction , particularly those upon which the strength and durability of the structure may depend , shall be subject to inspection and test ing to establish conformance with specification and suitability for uses intended . 18. CONTRACT TIME: Contract time for CITY-WIDE ROAD REPAIR, RESURFACING & STRIPING PROJECT, City of Fairhope Public Works Project No . 2023-PW 012 shall be ninety (90) calendar days . Contract time shall start fifteen (15) days following the Official Notice to Proceed to Proceed . 19 . LIQUIDATED DAMAGES (LD's): Liquidated Damages (LD 's) shall apply . LD 's shall be calculated at a fixed rate of $250.00 per calendar day beyond the designated contract time . 188 ITEM Ill BID RESPONSE FORM Date : _7_ J ~ / 2023 Bid No: Project: Bids Due: 23-032-2023-PWl-012 City-Wide Road Repair, Resurfacing & Striping Project Thursday, July 20, 2023, 2:00 P.M . A. Bancroft Alley -Gravel Road Paving -Approx. 175 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE Roadbed processing -CRUSHED AGGREGATE BASE COURSE (825-B), PLANT MIXED , 3" STA 1.75 00 1 COMPACTED THICKNESS SHALL MEET ASTM ,,t,ooa.,,- D 698 , 98% COMPACTION (SYIP) (301 -A) Asphalt Wearing -Bituminous Concrete Wearing 2 Surface , 1.5" (165#/SY) TON 34 ~~ Compacted Thickness (42 4 -A) (With Calculated Overaae) Project Sub -Total : 3 Traffic Control (Max . 2.5% of Sub-Total) LS 1 cl.o9 ~ 4 Mobilization/Demobilization (600-A) (Max. 5.0% of LS 1 .551~ Sub-Total) Sub-Bid Total : B . Haver Lane -Cul-de-sac Paving -Approx. 170 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE 1 Tack Coat -(405-A) 0 .05-0 .06 Gal/SY GAL 39 7 !_0 2 Milling/Planing Existing Asphalt (1 " Deep) (408-A) SY 58 o1.o !. (Tie-In) Asphalt Wearing -Bitum in ous Concrete Wearing 3 Surface , 1.25 ' (135#/SY) TON 61 /,Y~ ~ Compacted Thickness (424-A) (With Calculated OveraQe) 4 Traffic Control Markings , Class1, Type A , Stop Bar SF 16 /ol~ (703-A) Project Sub -Total : 3 Traffic Control (Max . 2 .5% of Sub -Total) LS 1 c2.,.S7 '..! 4 Mobilization/Demob ilizat ion (6 00 -A) (Max . 5.0% of LS 1 .15 Sub-Tota l) .$/~ - Sub-Bid Tota l: BID AMOUNT .5o .3, .5o.3 - ~ ~50 !." // /S.3 $0 I o2.,of~ ..1S7 !." 1/1 9c2..o ~s BID AMOUNT cL7J ~ ~ //pO ~ "' t,~r:1../..! /9ol-o_• /0, U'7!" ,.zs7 d .5/~.J.S /0 o.5tr -!..4 189 C. Windmill Road -From Thompson Hall to SR181 -Approx. 2565 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0.05-0 .06 Gal/SY GAL 264 7~ I l''Y'J' !! / 2 Milling/Planing Existing Asphalt (1" Deep) (408-A) SY 98 /dl~ ~ 17'7 '!! (Tie-In) Asphalt Wearing -Bituminous Concrete Wearing 3 Surface, 1 .5" (165#/SY) TON 500 /~,2, ~ 7~ooo'.!1 Compacted Thickness (424-A) (With Calculated Overaoe) 4 Solid Yellow (Double), Class 1, Type A , Traffic Ml 0.49 ~.500~ 1✓ 7/S !-Stripe , 5" Wide (701-A) 5 Solid White , Class 1, Type A , Traffic Stripe, 5• Ml 0.97 1/ t,oo !! ~ .S.Sol~o Wide -Edqe Striping (701-A) 6 Traffic Control Markings , Class1 , Type A , Stop Bar SF 32 /~!: JJ'1' !.o (703 -A) Project Sub-Total: 77, ~7.5~· 7 Traffic Control (Max. 2.5% of Sub -Total) LS 1 /4 9,,t./ !0 ~ 9~/ !! Mobilization/Demobilization (600-A) (Max . 5.0% of LS 1 ,3/ /JJ',3 ~ -3; J'J'.3 75 8 -Sub-Total) Sub-Bid Total : ",$ JJ~.500 - 0. White Avenue -From S. Bayview St. to S. Mobile St. -Approx. 769 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0 .05-0 .06 Gal/SY GAL 81 7~ 64,7~ 2 Milling/Planing Existing Asphalt (1 " -1.5" Deep) SY 1,777 7 !o /~..J:t7 !f (408-A) (Full Width) Asphalt Wearing -Bituminous Concrete Wearing 3 Surface, 1.5" (165#/SY) TON 161 /~~ ~ i"'1,2..,~ Compacted Thickness (424-A) (With Calculated ,, Overaoe) 4 Traffic Control Markings, Class1, Type A , Stop Bar SF 32 /~~o JJ'-,l ~ (703-A) Project Sub-Total : '37; l~O~ 5 Traffic Control (Max. 2 .5% of Sub-Total) LS 1 ?ll~ 9ti!,.J?-!O 6 Mobilization/Demobilization (600-A) (Max . 5 .0% of LS 1 /,, i'.51~ ~ J'S7~0 Sub-Total) Sub-Bid Total : ..3'l, 9,;z,~ ~ 190 E. White Avenue -From S. Bayview to S. Section St . -Approx. 2,782 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0 .05 -0 .06 Gal/SY GAL 301 7 ~o ol, /0 7 '!.0 2 Milling/Planing Ex isting Asphalt (1 " -1.5" Deep) SY 3,913 ..J~o /// 1.J?~ (408-A) (Full Width) 3 Milling/Planing Existing Asphalt (1 " Deep) (408-A) SY 319 /0 °.! '3, 1'10 ~ (Tie -In and Edae Millina) Asphalt Wearing -Bituminous Concrete Wearing 4 Surface , 1.5" (165#/SY) TON 512 /~;l, '!.o 7<2-, 7o-¥~ Compacted Thickness (424-A) (With Calculated Overage) 5 Traffic Control Markings , Class1 , Type A , Stop Bar SF 132 /,2,, '!!' I, SJ>.tf !_• (703-A) 6 Traffic Control Markings, Class1 , Type A. SF 144 /,l, ~ 11 7 .2.J' !:' Ped X-ina (703-A) Project Sub-Total: f~ ().f",2_,~ 7 Traffic Control (Max . 2 .5% of Sub-Total) LS 1 ol,.3.24 -!_a ol,.];l.l,-!.! 8 Mobilization/Demobilization (600-A) (Max . 5 .0% of LS 1 ~ ~5.Z, ~o ~ t Sol,,~ Sub-Total) Sub-Bid Total : fo /00 0.30- F . Riveroaks Drive -From Boothe Rd to Oakwood Ave -Approx. 1,195 L.F . ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0.05-0 .06 Gal/SY GAL 223 7"-!' l,4bl~ 2 Milling/Planing Existing Asphalt (1 " Deep) (408-A) SY 326 /'2., !! .J, 91.Z ~ (Tie-In) Asphalt Wearing -Bituminous Concrete Wearing 3 Surface , 1.25" (135#/SY) TON 332 /"/,,2, ~ ¥7, 11'i~ Compacted Thickness (424-A) (With Calcu lated Overaae) 4 Traffic Control Markings , Class1 , Type A , Stop Bar SF 20 /.2., •..! ot-tl-o!:! {703-A) Project Sub-Total : .5"'2., tf'.57 ~· 5 Traffic Control (Max. 2.5% of Sub-Total) LS 1 ,tS ,, .3.2,,/ -I, .JoU of5 6 Mobilization/Demobilization (600-A) (Max . 5 .0% of LS 1 .:z., t, ~ 1.! ol, (, .,J,,2, 1.! Sub-Total) Sub-Bid Total : s~., Rell'!.." 191 G. Oakwood Ave ., Sagebrush Ln & Driftwood Ave . -Approx. 4,548 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405 -A) 0 .05-0 .06 Ga l/SY GAL 520 7'!.!: J., t,1',o D! 2 Milling/Planing Exist in g Asphalt (1 " Deep) (408 -A ) SY 0 0, 00 o . 00 (Full Width) Asphalt Wearing -Bituminous Concrete Wearing 3 Surface , 1.25 " (135#/SY) TON 773 /.:Z.r-!!' 9'?. .3.3o -!_o Compacted Thickness (424-A) (With Calculated I Overaqe) 4 Traffic Control Markings , Class1 , Type A , Stop Bar SF 0 0.00 o. 00 (703-A) Project S ub-Total : /0.:l., ??O~ 5 Traffic Control (Max. 2 .5 % of Sub-Total) LS 1 "1..,.57.,t'!S ~ ,57_,tof.S ,. Mobilization/Demobilization (600-A) (Max . 5 .0% of 1 S• Jo 6 Sub -Total) LS ~/,#-~ /1'J' - Sub-Bid Total : ,?J //0/ ~9.3 - H. Sea Cliff Drive -From BC Maintenance to Southern Terminus -Approx. 2,217 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0 .05-0 .06 Gal/SY GAL 235 7°-E ~ £,~!0 2 Milling/Planing Existing Aspha lt (1 " -1 .5" Deep) SY 4,698 J!! /#-, 09,¢ ~ (408-A) (Full Width) Roadbed Processing (clipping, grading & leveling) ~ 3 -CRUSHED AGGREGATE BASE COURSE-SY 420 10--f,otoo~ use of in-olace material , 98% COMPACTION Asphalt Wearing -Bitumin ous Concrete Wearing 4 Surface , 1.5" (165#/SY) TON 486 1¥,:l~ (p9 0/ol.,, O_! Compacted Thickness (424-A) (With Calculated Overage) .I 5 Solid Yellow (Double), Class 1, Type A , Traffic Ml 0.42 .3, .500~0 /, 4-70~ Strioe, 5" Wide (701-A) 6 Reflective Pavement Markers -Class "A", Type 2-Each 120 /0~ I, -loo~ D, (2-sided vellow) (705-A) Project Sub -Total : 9 /, (, '2../ ~,, 7 Traffic Control (Max . 2 .5% of Sub-Total ) LS 1 al-, .l, 'JO ,!o ol .:l.90 .f.o .., 8 Mobilization/Demobilization (600-A) (Max. 5.0% of LS 1 .¢;.j'J'/ ~o .I/, SP/~ Sub-Total) , Sub-Bid Total : So 7F; ~'JcZ - 192 I. Bayou Drive -From N. Section St. to Fairwood Blvd. -Approx. 1,540 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0.05 -0.06 Gal/SY GAL 216 7~ ~.S/,2 !:' 2 Milling/Planing Existing Asphalt (1" -1.5" Deep) SY 4,311 J!.! /aZ,, '1'1.J ~ (408-A) (Full Width) Asphalt Wearing -Bituminous Concrete Wearing 3 Surface, 1.5" (165#/SY) TON 320 /~~ -¢5✓ -Ji¥0 ~ Compacted Thickness (424-A ) (With Calculated Overaae) 4 Solid Yellow (Double), Class 1, Type A, Traffic Ml 0.29 J,1600~ ~ 0/5 °.! Stripe, 5" Wide /701-A\ 5 Traffic Control Markings, Class 1, Type A , Stop SF 42 /:l,,. ~ ..So~~ Bar (703-Al 6 Traffic Control Markings , Class 1, Type A , Ped X-SF 378 /r:< •,! ~ .5.3(, ~ ina (703-A) Project Sub-Total : ~5 '/"lo~ / 7 Traffic Control (Max . 2 .5% of Sub-Total) LS 1 "' ~ -tlJ' $_!, ~ ~J/J'{o 8 Mobilization/Demobilization (600-A) (Max . 5 .0% of LS 1 ~ .:t97~ J, oLf 7 !! Sub-Total) Sub-B id Total : 7~ tf->1'3 -f" J. Quail Creek Drive -From SR181 to Neighborhood Entrance-Approx. 2,210 L.F. ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0 .05-0.06 Gal/SY GAL 339 7'!!' ol.3JJ~ ,, 2 Milling/Planing Existing Asphalt (1" -1.5" Deep) SY 6,771 0~ ~ J/J :0 /408-A) (Full Width) Asphalt Wearing -Bituminous Concrete Wearing 3 Surface , 1.25 " (135#/SY) TON 603 /-¥'2-~ 7 /,, ,',t,;t,4 ~o Compacted Thickness (424-A) (With Calculated Overaae\ 4 Solid Yellow (Double), Class 1, Type A , Traffic Ml 0.42 tRoo~ ~ //~ '?_0 Strioe, 5" Wide <701 -Al 5 Traffic Control Markings , Class 1, Type A, Ped & SF 600 /'2. °.! J; rLoo ~ Golf Cart X-ina /703-Al 6 Traffic Control Markings , Class 1, Type A, Stop SF 32 /:L~ JJ'¥°.! Bar (703-A) Project Sub-Total : / 0 .5,, I'/£., °.! 7 Traffic Control (Max . 2 .5% of Sub -Total) LS 1 ol.,~4.5~ ,;;/__ ~~~".!' , 8 Mobilization/Demobilization (600-A) (Max . 5 .0% of LS 1 ~ oL90 ".! 0; oL90 !O Sub-Total) Sub-Bid Total : 9o //~ 7¥7 - 193 K. Pecan Building Parking Resurfacing & Striping -Approx. 4,;338 SY IT EM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0.05-0 .06 Gal/SY GAL 217 7~ ~ 619 !!' 2 Milling/Planing Existing Asphalt (1" Deep} (408-A) SY 0 o .oo tJ.oo (Tie-In) Asphalt Leveling -Bituminous Concrete Leveling 3 Surface (424-8} -As required and directed by TON 67 /cl.5 !!' ~ .J7.5~ Public Works Director Asphalt Wearing -Bituminous Concrete Wearing 4 Surface , 1.25 " (135#/SY} TON 337 /¥:lo~ ~7✓ J',71'!!.o Compacted Thickness (424-A) (With Calculated Overaoe) 5 Solid White , Class 1, Type A , Traffic Stripe , 5" L.F . 2,200 oZ-!: ~ -¥00~ Wide -Parkino Space Delineation (701-A\ 6 Traffic Control Markings , Class 1, Type A , SF 480 /ol~ ~ 760~ Ped X-ino (703 -A) Project Sub-Total: ~ 7, 9ol'~ 7 Traffic Control (Max . 2 .5% of Sub-Total) LS 0 0 •'10.n 0, ()O 8 Mobilization/Demobilization (600-A} (Max. 5 .0% of LS 1 ~ -'f.5 '!! ~J?.5 ~ Sub-Total} Sub-Bid Total : 7~ '30'31!!' L. City Hall/Civic Center Parking Resurfacing & Striping -Approx. 3,680 SY ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT 1 Tack Coat -(405-A) 0 .05-0 .06 Gal/SY GAL 458 7~ 0 .,Z,Ot, ~ 2 Milling/Planing Existing Asphalt (1 " Deep) (408-A) SY 64 oUJ"!!' ~ ol.?o ~ (Tie -In) Base Failure Repair Type "8 " -Root Intrusion - 3 See Detail -Includes cut, excavation , aggregate SY 0 o.oo (). 00 fill and binder catch Asphalt Wearing -Bituminous Concrete Wearing 4 Surface, 1.25" (135#/SY) TON 670 /~J' ~ 9~/~o'?!' Compacted Thickness (424-A) (With Calculated Overaoe) 5 Solid White , Class 1 , Type A, Traffic Stripe , 5" L.F. 3,052 ol,~ ~" /o,''?! Wide -Parkino Space Delineation (701-A\ Traffic Control Markings , Blue , Class1 , Type A , 6 Handicapped Parking -S ix Spaces Total (Per LS 1 J'✓SOO~ ...3,,.Soo~ Plan) -Includes strip ino , markinas and s ianaoe Project Sub -Total: //3,, .:/..60 ~ 7 Traffic Control (Max. 2.5% of Sub -Total} LS 0 0, 00 O,oo 8 Mobilization/Demobilization (600-A) (Max . 5 .0% of LS 1 ..f (,~Jl~o ~ ~~.z.,~ Sub -Total } Sub-Bid Total : $o ///' 7/tZ -; 194 M. Project-Wide: Asphalt Leveling -Unit Price in Place ITEM# DESCRIPTION UNIT QTY UNIT PRICE BID AMOUNT Asphalt Leveling -Bituminous Concrete Leveling 1 Surface (424-8) -As required and d irected by TON 100 l.35 ~ -/.J/.5co-Public Works Director -Proiect-Wide Sub-Bid Total : /"' 600 !" PROJECT BID SUMMARY ITEM# DESCRIPTION BID AMOUNT A. Bancroft Alley -Gravel Road Paving -Approx . 175 L.F . //1 9'2ot!..5 B. Haver Lane -Cul-de-sac Paving -Approx. 170 L.F . //, tJSJ' !_-1 C . Windmill Road -From Thompson Hall to SR181 -Approx. 2,565 L.F . <Y~ Soot! D . White Avenue -From S. Bayview St. to S. Mobile St. -Approx . 769 L.F. J~ 9olb~ E. White Avenue -From S. Bayview St. to S. Section St. -Approx . 2,782 L.F . /OO/ oao~ F . Riveroaks Drive -From Boothe Rd . to Oakwood Ave . -Approx. 1 ,195 L.F . 6~,,J'~"!' G . Oakwood Ave . Sagebrush Lp . & Driftwood Ave . -Approx. 4,548 L.F . //01 ~9'3~S H. Sea Cliff Drive -From BC Maintenance to Southern Terminus -Approx. 2 ,217 L.F . 9~ ¥f.z,:! I. Bayou Drive -From N . Section St. to Fairwood Blvd . -Approx. 1,540 L.F . 7~ l'J'5!0 J . Qua il Creek Drive -From SR181 to Neighborhood Entrance -Approx. 2 ,210 L.F . //'1, 7¢7 !!' K . Pecan Building Parking Resurfacing & Strip ing -Approx. 4,338 S.Y. 7/, ..1oJ ~ L. City Hall/Civic Center Parking Resurfacing & Stripi ng -Approx. 3 ,680 S.Y. S4 //J1,, 'l/;t.,, - M . Project-Wide : Asphalt Leveling -Unit Price In Place /~1 500~ Combined Bid Total : 'If J~'r; 7o~ 7f~- Bid will inclu de all labor, materials , equipment , shipping and postage , overhead , profit , bonds , in surance and all other costs necessary to provide the complete services outlined within t his CONTRACT and scope of work . Receipt of the following Addenda to these documents is hereby acknowledged by the undersigned (CONTRACTOR to complete below): ADDENDUM NO . DATE ISSUED ADDENDUM NO . DATE ISSUED NS E 195 L J. l Each bid must give the full business address of the CONTRACTOR and must be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership, or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the legal name of the corporation followed by the name of the State of Incorporation and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person shall also be typed or printed below the signature . A bid by a person who affixes to this signature the word "president," "secretary," "agent," or other designation without disclosing his principal, may be held to be the bid of the individual signing . When requested by the City of Fairhope, Baldwin County, Alabama, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished. The undersigned agrees to furnish the goods/services as requested by you for the City of Fairhope, Baldwin County , Alabama in your invitation to bid , and certifies that they will meet or exceed the specifications called for. The undersigned has read all information pertaining to this bid and has resolved all questions. It is also understood and agreed that all prices quoted are F.O.B. described in the bid documents and specifications. The undersigned also affirms he/she has not been in any CONTRACT or collusion among BIDDERS or prospective BIDDERS in restraint of freedom of competition , by CONTRACT to bid at a fixed price or to refrain from bidding or otherwise. Witness our hands and seals th is 20th day of ___ J_u_ly._ ___ , 2023 . 196 If Individual or Partnership (Name of Individual or Partnership) (Name of Representative Authorized to sign Bids and CONTRACTs for the firm Print) Phone Number ( ·---~ ,,,,,,,,, .. ,,,,,,,,,,,, ------------------'Alabama Contractor's License No . ,,,. ,~c. , '•,,, I ............ ,_ c; ....... ·•••••· .. ,,.,, N/A ~-V •', ·,, • •• ~ ----,,,__.,c.._ ______________ _:,.;~1,.."-;I ,.:..,•'2,::,"-.!~::...... I ~•• ~ . ~ . T __. ,,_. N . f ,,: :· Q; 4 I(': O) l If Corporation or LLC t ,.i:.~ uJ ~; ~r company ASPHALT SERVICES , INC. \_ \/);·-.. ~o., <.I) if: : -------------------------------=-,...:, ~> ..... ~-;..>J...·............ .. ............ State of Incorporation ALABAMA fd:., 'ff ••.• •· -----------------------------=-,.,•' Address __ 1_1_0_4_5_O_1d_H....;ig=--h_w_a-"y_3_1 _________________ _ Spanish Fort, Al. 36527 Phone Number (251 )_-=6=2-'-1--=9=3=2-=5 _____ _ Fax Number@ 621-9393 E-mail address __ tr_e_n_f_ro_e_@ __ a_s_i .... -g._c_._c_o_m_---'AL Contractor's License No. 224 79 Foreign Vendor ld __ N_/_A ______________ _ BID PROPOSAL NOTARIZATION: STATE OF ALABAMA COUNTY OF BALDWIN I , the undersigned authority in and for said State and County , hereby certify that Taylor Renfroe , as Project Manager respectively , of Asphalt Services, Inc. , whose name is signed to the foregoing document and who is known to me , acknowledged before me on this day , that , being informed of the contents of the document they executed the same voluntarily on the day the same bears date . 197 ITEM IV CONTRACTOR INFORMATION This Section must be printed, completed, and turned in with your bid response to Bid No . 23-032-2023-PWl-012 Project No. 2023-PWI 012 City-Wide Road Repair, Resurfacing & Striping Project Business Organization Name of CONTRACTOR (exactly as it appears on W-9): ASPHALT SERVICES , INC . Doin g-Bus ines s-As Name of CON TRAC TOR : 11045 Old Highway 31 -Spanish Fort, Al. 36527 Pri ncipal Office Address : LOCAL Telephone Number: (251) 621-9325 Toll -Free NIA ---------LOCAL Fax Number: (251) 621-9393 Email address : trenfroe@asi-gc .com Webs ite : _N_/_A_~~------------------- Form of Business Entity 7 eck one ("X"J Corporation Partnersh ip Individual Joint Venture Ot her (describe): Corporation Statement If a corporation, answer the following : Date of incorporation : 3/5/1992 Locat ion of incorporation : ALABAMA --:'":~~~~-------------------The corporation is held : Publicly_ Privately '2,_ Partnership Statement If a partnership , answer the following : Date of organization : Locat ion of organization : _______________________ _ The partnership is : General Limited Joint Venture Statement If a Joint Venture , answer the following : Date of organization : Location of organization : JV CONTRACT recorded.-::?--:Y-:-e-s----:N-:-0-------------------- Contact: Taylor Renfroe Ema il trenfroe@asi-gc .com Phone_-'-'(2=5'--'1~)....;;.6=2_;...1-_,::9....;;.3=2.;:;_5 ________ Fax __ (_2_5_1 )_6_2_1_-9_3_9_3 __ _ END OF CONTRACTOR INFORMATION SECTION 198 _j 3 .0 3 .01 3 .02 3 .03 INSURANCE REQUIREMENTS ITEMV INSURANCE Awarded CONTRACTOR , at its sole expense , shall obtain and maintain in full force the following insurance to protect the CONTRACTOR and the City of Fairhope at limits and coverages specified here in . The City of Fa irhope w ill be listed as an additional in sured under the CONTRACTOR'S general liability insurance and automobile liability insurance policies, and all other applicable policies and certificates of insurance . These limits and coverages specified are the minimum to be maintained and are not intended to represent the correct insurance needed to fully and adequate ly protect the awarded CONTRACTOR. All in surance will be provided by insurers by admitted carriers in the State of Alabama , shall have a minimum AM . Best rating of A-VII and must be acceptable to the City . Self-insured plans and/or group funds not having an AM . Best rating must be submitted to the City for prior approval. NO WORK IS TO BE PERFORMED UNTIL PROOF OF COMPLIANCE WITH THE INSURANCE REQUIREMENTS HAS BEEN RECEIVED BY THE CITY. Worker's Compensation and Employers Liability Part One : Statutory Benefits as required by the State of Alabama Part Two : Employers Liability $100,000 Each Accident $100 ,000 Each Employee $500 ,000 Pol icy Limit 3.04 U.S. Longshoreman & Harbor workers Act {USL&H)- Required if CONTRACT inv olves work near a navigable Waterway that may be subject to the USL&H law. 3.05 Maritime Endorsement {Jones Act)- Endorsement required if CONTRACT involves the use of a Vessel. Or include coverage for "Master or Members or Crew" under "Protection and Indemn ity " coverage (P&I), unless crew is covered under Workers Compensa ti on . Bodily injury by accident Bodily injury by disease $1 ,000 ,000 Each Accident $1 ,000 ,000 Aggregate 3 .06 Commercial General Liability Coverage on an Occurrence form with a combined single limit of (Bodily Injury and Property Damage combined as follows : Coverage to include : Each Occurrence Personal and Advertis ing Injury Products/Completed Operation Aggregate General Aggregate Premises and operations Personal Injury and Advertising Injury Products/Completed Operations Independent BIDDERS Blanket Contractual Liability Explosion , Collapse and Underground hazards Broad Form Property Damage $1,000 ,000 $1 ,000 ,000 $2 ,000 ,000 $2,000,000 Railroad Protective Liability Insu rance if work involves construction , demolition or main tenance operations on or within 50 feet of a railroad . 199 3.07 Automobile Liability Covering all Owned , Non-Owned , and Hired vehicles with a limit of no less than $1 ,000 ,000 combined single limit of Bodily Injury and property damage per occurrence . 3.08 Certificate of Insurance A Certificate of Insurance evidencing the above minimum requirements must be provided to and accepted by the City PRIOR to commencement of any work on the CONTRACT. Each policy shall be endorsed to provide ten (10) days written notice of cancellation to the CITY Such insurance as is afforded by the above policies covers the operations undertaken by the insured with respect to the construction of the project above designated. The insurance afforded by the above designated policies, specimen copies of which have been filed with the CITY , and to each of wh ich is attached for following endorsement. The insurer agrees with the insured as follows : 1. That it will furnish to said City of Fairhope a certificate of insurance in triplicate on a form approved for such purpose by said CITY, sett ing forth the pertinent information regarding the policy to which this endorsement is attached , for each project of said CITY to which the policy applies. 2 . That it will attach to each said certificate of insurance executed copies of any endorsement other than this endorsement which are attached to said policy at the time said policy is issued, provided only that said endorsements affect the coverage of said policy in respect of operations involved in the construction of the projects of said CITY to which the policy applies . 3 . That it will mail to the City Council of the City of Fairhope three executed copies of each endorsement subsequently issued to become a part of said policy provided only that endorsement affects the coverages of said policy in respect of operations involved in the construction of the project of said CITY which the policy applies , and provided further that such endorsement shall not be effective unless such notice is given to the CITY at the same time that notice thereof is given to the insured . 4. That it will mail to the City Council of the CITY of Fairhope at least ten days before the effective date thereof notice of cancellation of said policy, provided no cancellation shall be effective unless such notice is given to the CITY. END OF INSURANCE REQUIREMENTS 200 ITEMVI Io'' 1:1\/J;,. ,,,.,~ :-~ • J City of Fairhope CONTRACT This CONTRACT is made this ____ day of ____________ __, 202_, by and between the City of Fairhope (hereinafter referred to as the "OWNER") and (hereinafter referred to as the "CONTRACTOR"), for Bid Number/Name The OWNER and the CONTRACTOR agree as set forth below: 1. The CONTRACT consists of all the items contained within his CONTRACT, Th roposal Pac ge, Proposal , Scope of Work and Specifications , drawings (if appijcable), Addenda , ndm ts, and City of Fairhope Standard Terms and Conditions , which are attached h reto and made a pa nereof, as if fully contained herein; for the performance of al ork and e furnisning of all labor a d materials required for completion of the WORK . 2. The CONTRACTOR shall perform all 3. enced upon execution of this CONTRACT within nu AV Notice to Proceed (NTP) to be issued to the CONTRACTOR b ive . The work shall be completed , subject to authorized dar days from and after the commencement dates uidated damages for non-completion of the work within thi time limit LARS) per working day. 4. The OWNE ·n current unds for the performance of the WORK, the CONTRACT "---...c,,.,,,----,..---',,,__ ______ DOLLARS ($ ). This represents a )f,},l.~-".:~ pa ~e WORK, which payment shall be issued after the Contract is 5. G ed R ha "nspected the WORK . a. NTRACTOR hereby agrees to indemnify and save harmless the OWNER, its officers, age t, an employees, from and against any and all liabilities, claims , demands, damages , fin s, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including reasonable attorneys' fees for trial and on appeal, of any kind and nature, arising or growing ut of, or in any way connected with the performance of this CONTRACT, to the extent caused by a negligent act or omission of the CONTRACTOR, their agents, servants, employees, SUB -CONTRACTORS, or others associated with the CONTRACTOR . The CONTRACTOR shall be responsible for damage to any elevator equ i pment excluded from this agreement, or damage or injury caused by any equipment excluded from this agreement, to the extent that the damage or injury is caused by a negligent act or omission of the CONTRACTOR . b. Notification and Accident Reports: In the event of accidents of any kind , the CONTRACTOR shall notify the OWNER immediately and furnish , without delay, copies of all such accident reports to the OWNER. If in the performance of their Work, the CONTRACTOR fails to immediately report an accident to the OWNER, of which the CONTRACTOR has knowledge of and which results in a fine 201 levied against t he OWNER then the CONTRACTOR shall be responsible for all fines levied aga inst the OWNER . 6. Termination of Agreement 7 . a. Termination for Default : Performance of Work under this Agreement may be terminated by the OWNER , in whole or in part, in writing , whenever the OWNER determines that the CONTRACTOR has failed to meet the requirements of this Agreement. i. The Owner has a right to terminate for default if the contractor fails to make delivery of material or does not perform the work, or if the Contractor fails to perform the Work w ithin the time specified in the Agreement, or if the Contractor fails to perform any other provision of the Agreement. ii . Failure on the part of the Contractor to deliver specified , or within a reasonable time as determin y_ the Ow er, or failure on the part of the Contractor to make replacements of rejected artlctes, o Work when so requested , immediate ly or as directed by the Ow r, shall consti te authority for the Owner to purchase in the open market, articles o o k of comparabl grade to repl ee the articles or Work rejected , not delivered or completed. On all such pur ases, the ntractor shall re i mburse the Owner within a sonable time specified by the wn r for any expense i ncurred in excess of Agree iii. Such purchases sh ~ree lie necessity demands it, the Owner rese ces or u nsume articles delivered , djustment o pric e to be determined by the Owne r . b. Termination f · sofute right to term i nate the Agreement upon "Award pe rform work r eferenced herein . In such event , payme ase on the date of cancellation of the CONTRACT by t a. rr r including equipment and materials provided shall con sl of care and practice in effect at the time the Work is pert bi nd be free from all faults , defects, or errors . If the CO 1ed in writing of a fault, deficiency or error in the Work, the CONTRACTOR s option, either re-perform such portions of the Work to correct such fault, a additional cost to the OWNER , or refund to the OWNER the charge paid by the O attributable to such portions of the faulty, defective or erroneous Work, includin or re-performance or Work provided by other CONTRACTORS . All equipment and materia ded by the CONTRACTOR shall be merchantable and for the purpose intended and meet 7 n ustry quality standards . 8 . Time of Completion The OWNER and CONTR ACTOR understand and agree that time is of the essence in the performance of this Agreement . The CONTRACTOR o r OWNER, respectively, shall not be liab le for any loss or damage , resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God , actions or regulations by any governmental entity o r representative , strikes , f ire, water damage , loss of power, loss of funding or any othe r causes , contingencies, or circumstances not subject to the OWNER or CONTRACTOR 'S control, respect ivel y, whether of a similar or diss i milar nature, wh ich prevent or h i nder the performance of the OWNER'S or CONTRACTOR 'S contractual obligations , respe ct ive ly . Any suc h ca us es of del ay, even though exis ting on the date of the CONT RACT, or on the da y 202 of the start of Work, shall extend the time of the OWNER'S or CONTRACTOR 'S performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules . However, under such circumstances as described herein, the OWNER may, at their discretion, cancel this CONTRACT for their own convenience. 9. Insurance Requirements See ATTACHMENT B 10. Acceptance of Work The OWNER will be deemed to have accepted the Work after the O ER agrees the Work is completed . In the event Work furnished under the CONTRACT is found to be efective or does not conform to the intent of the CONTRACT, the CONTRACTOR shall, within ten (.lQ) dav, from recei t.of notice from the OWNER, correct the deficiencies. Failure on the part of the CONTRA R to R perly correct the deficiencies within the time period allowed will constitu the OWNER'S · llt to cancel the CONTRACT immediately, upon written notice to the CONTRACTOR . 11. Correction of Work The CONTRACTOR shall promptly correct conform to the CONTRACT, whether obs shall bear all costs of correcting such reje 12 . Right to Audit WNER as faulty, clefective or failing to er, comp tloa of the-Work. The CONTRACTOR The CONTRACTOR shall maintain docu ormed . The CONTRACTOR shall make any and all document · ailable t able times, for inspections and audit by the OWNER, during period of three (3) years after the expiration of this C 13. CONTRACT Rig___hts a The CO!'JTR all work performed . The CONTRACTOR shall make any and all do Rat all reasonable times, for inspections and audit by the OWNER, d TRACT, and for a period of three (3) years after the e iration oft Owner and CONTR CTOR agree that time is of the essence in the performance of Work called for u er nis CONTRACT. T e CONTRACTOR agrees that all work will be accomplished regularly, diligently and un nterrupted at such rate of progress as will ensure full completion thereof within reasonable time periods. 15 . Safety Measu es The CONTRACTOfrshall take all necessary precautions for the safety of the OWNER'S and CONTRACTOR'S employees at the Work site , and shall erect and properly maintain at all times, all necessary safeguards for the protection of the workmen and the public. The CONTRACTOR shall post signs warning against hazards in and around the Work site . 203 16. Extra Work and Associated Costs a. Changes in the Work: The OWNER, without invalidating the CONTRACT, may order changes in the Work within the general scope of this CONTRACT, consisting of additions, deletions, or other revision, the CONTRACT price and time for execution of the Work being adjusted accordingly. b. All such changes in the Work shall be authorized by a written Amendment to the CONTRACT or a separate Change Order and shall be executed under the applicable conditions of the CONTRACT . 17. Familiarity with the Work The CONTRACTOR, by executing this CONTRACT, acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the perfor a nee thereof. The OWNER will not be respons i ble for any alleged misunderstand i ng of conditio surround i ng the performance thereof. It is understood that execution of the CONTRACT by the NTRACTOR serves as his stated commitment to fulfill all requirements and conditions referred to i ti ts CONTRA G:r. 18. Scope of Work See ATTACHMENT B 19. Contractor Liability Nothing in this CONTRACT shall be constr RACTOR assumes_any liability for damages or otherwise, on account of ace· , except t se resulting from negligence on the part of the CON s, employees, and subcontractors . 20 . Miscellaneous Provisions a. The CONTRACTOR shall note RS without the expres s written permission b . of the OWNER . written p wh let it as a whole without the express may assign the CONTRACT, or sublet it as a CTOR . c. No ion of any of the provisions of the CONTRACT shall be bin the OWNER and CONTRACTOR . The CO mits, licenses, and certificates, or any approvals of plans or specificati d by Federal , State, Local Laws, ordinances , rules, and reg ulation s, per execution and completion of Work covered under this CONTRACT . e. The CONTRACTOR sh II at all times keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any such materials to an area designated t~e OWNER or remove to a waste site as directed by the OWNER . If the CONTRACTOR fails to clean up the Work site, the OWNER will complete the t ask and charge the CONTRACTOR for such services. f . This CONTRACT is considered a non -exclusive Agreement between the parties . g. This CONTRACT is deemed to be under and shall be governed by and construed according to the laws of the State of Alabama . h . Any litigation arising out of the CONTRACT shall be heard in the Courts of Baldwin County, Alabama. 204 i. This CONTRACT contains all terms and conditions agreed upon by the OWNER and CONTRACTOR . No other agreement, oral or otherwise, regarding the subject matter of this CONTRACT shall be deemed to exist or to bind either party hereto. j . This CONTRACT shall not be construed against the party or parties preparing It. It shall be construed as if all the parties and each of them jointly prepared this CONTRACT, and any uncertainty or ambiguity shall not be interpreted against one or more parties . Section 41-16-5, Code of Alabama 1975, requires that public contracts over.$~5.,000 include the following language: COMPANY NAME that it is not currently engaged in, nor will it enga n or en tit business with a jurisdiction with which the State de IN WITNESS WHEREFORE, the parties hereto written . Lisa A. Hanks, MMC, City Clerk I, the undersigned autfiorl ir1'anct fo1: said State and County, hereby certify that SHERRY SULLIVAN, Mayor of the City of Fairhope whose nam is signecl to the foregoing document and who is known to me, acknowledged before me on this day, that, being i ormed of the contents of the document she executed the same voluntarily on the date the same bears d t . Given under my hand and Notary Seal on this ____ day of _____ _, 202_. NOTARY PUBLIC _____________ _ MY COMMISSION EXPIRES _________ _ 205 IF INDIVIDUAL OR PARTNERSHIP Individual or Partnership Print Name of Representative Authorized to Sign Contracts for the firm Signature of Representative Authorized to Sign Contracts for the firm Address Address City, State, Zip Code Phone Number Primary E-mail Address Company Company Representa Print Name of Representative Authorized to Sign Contracts for the firm Address Address City, State, Zip Code Print Name of Partner Print Name of Partner Print Name of Partner State of Incorporation Signature of Representative Authorized to Sign Contracts for the firm 206 Phone Number Fax Number Primary E-ma il Address AL General Contractor Lice n se No. (Attach Copy) AL General Contractor License M ajor Categories AL General Contractor Specialties AL Foreign Co r poration Entity ID (Required of Out of State Vendors) NOTARY FOR INDIVIDUAL, PARTNERSHIP, CORPORATION, OR LL STATE OF _________ _ COUNTY OF _________ _, I, the undersigned authority in and for sai Title Whose name is signed in the acknowledged before me on this day, being informed of the contents luntarily on the day the same bears date . _____ __, 202_. MY COMMISSION EXPIRES ----------- 207 ITEM VII CITY OF FAIRHOPE STANDARD TERMS AND CONDITIONS 1. ACCEPTANCE OF AGREEMENT This Agreement contains all terms and conditions agreed upon by the Owner and Winning bidder. No other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. The Winning Bidder shall not employ Subcontractors without the express written permission of the Owner. No waiver, alteration, consent or modification of any of the provisions of the Agreement shall be binding unless in writing and signed by the Owner and Contractor. This Agreement shall not be construed against the party or parties preparing it. It shall be construed as if all the parties and each of them jointly prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against one or more parties. 2. ACCEPTANCE OF WORK The City of Fairhope will be deemed to have accepted the Work after the City of Fairhope agrees the Work is completed by signature on· delivery or service tickets. In the event Work furnished under the Contract/ Agreement/ Purchase Order is found to be defective or does not conform to the intent of the Contract/ Agreement/ Purchase Order, the awarded vendor shall, after receipt of notice from the City of Fairhope, correct the deficiencies . Failure on the part of the awarded vendor to properly correct the deficiencies within the time period allowed will constitute the City of Fairhope's right to cancel the Contract/ Agreement/ Purchase Order immediately, upon written notice to the awarded vendor. 3 . ADDENDA All Addenda are part of the Contract Documents. Include resultant costs in the Bid . Addenda will be issued by email to all Bidders on record and posted to the City of Fairhope webs ite www.FairhopeAL.gov. It is the responsibility of the bidder to verify that all addenda have been received, and to include all signed addenda in the bid submission 4. ADDITIONAL ORDERS Unless it is specifically stated to the contrary in the bid response, the City of Fa irhope reserves the option to place additional orders against a contract awarded as a result of this solicitation at the same terms and conditions; to extend the renewal date until a new bid is in place , if it is mutually agreeable . 5. APPLICABLE LAW This Agreement is deemed to be under and shall be governed by and construed according to the laws of the State of Alabama . Any litigation arising out of the Agreement shall be heard in the Courts of Baldwin County, Alabama . 6 . ASSIGNMENT The awarded vendor shall not assign the Contract/ Agreement /Purchase Order or sublet it as a whole without the express written permiss i on of the City of Fairhope. The awarded vendor shall not assign any payment due them hereunder, without the express written permission of City of Fairhope . The City of Fa i rhope may assign the Contract / Agreement/ Purchase Order, or sublet it as a whole, without the consent of the awarded vendor. 7. ASSURANCE OF NON-CONVICTION OF BRIBERY The bidder hereby declares and affirms that, to its best knowledge, none of its officers, directors, or partners and none of its employees directly involved in obtaining contracts has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or Federal government. 161 North Section Street I PO Drawer 429 I Fairhope, Alabama 36533 251 .928.2136 (p) / 251.928.6776 (/) I www.FalrhopeAL.gov COF-003 092721 208 I L J. 8. AWARD CONSIDERATION The following factors will be con si dered in determining the lowest responsible bidder: Overall qu al ity, Conformity w it h specifications both general and specific, Purposes for which materials or services are required, Delivery dates and time required for delivery, Unit acquisition cost, financial ability to meet the contract, previous performance, facilities and equipment, availability of repair parts, experience, delivery prom ise, terms of payments, compatibility as required, other costs, and other objective and accountable factors which are reasonable . 9. AWARD OR REJECTION OF BIDS The Bid will be awarded to the lowest responsible bidder complying with conditions of the invitation for bids, provided his bid is reasonable and it is in the interest of the City of Fairhope to accept it. The bidder to whom the award is made will be notified at the earliest possible date . The City of Fairhope, however, reserves the right to reject any and all bids and to waiver any informality in bids received whenever such rejection or waiver is in the interest to the City of Fa irhope . 10 . BACK ORDERS If it is necessary to back order any items, the vendor must notify the Purchasing Department and advice as to the expected shipping or delivery date. If this date is not acceptable, the City of Fairhope may seek remedies for default. 11 . BID AND PERFORMANCE SECURITY If bid security is required, a bid bond or cashier 's check in the amount indicated on the bid cover must accompany the bid and be made payable to The City of Fairhope of Baldwin County, AL. Corporate or certified checks are not acceptable . Bonds must be in a form satisfactory to the City and underwritten by a company licensed to issue bonds in the State of Alabama . If bid security fails to accompany the bid, it shall be deemed unresponsive, unless the Purchasing Manager deems the failure to be non-substantial. All checks will be returned to the bidders after the contract has been approved . If a performance bond is required, the succ essful bidder will be notified after the awarding of the contract. 12. BRAND NAMES Reference to brand names and numbers is descriptive, but not restrictive, unless otherwise specified . Bids o n equivalent items meeting the stan dards of quality thereby indicated will be considered , providing the bid clearly describes the article offered and indicates how it differs fro m the referenced brands . Descriptive literatu re o r manufacturers specifications p lus any supplemental in formation necessary for comparison purposes sh ould be submitted with the bid o r the bid on that item may be rejected . Refere nce to literature submitted with a previous bid or on file with the Division of Purchasing will not satisfy' this requirement. The burden is on the bidder to demonstrate that the item bid is equivalent to th e item specified in the 1TB . Bids without sufficient documentation to fully su pport equality, may be cons idered non-responsive. Reference by the City of Fairhope in the 1TB to available existing specifications shall be sufficient to ma ke the te rms of such specifications binding on the bidder. Unless the bidder specifies otherwise in its bid, it is understood the bidder is offering a referenced brand item as spe cified in the 1TB or is bidding as specified when no brand is referenced . Failure to examine drawings, specifications and instructions w ill be at the bidde r's r isk. 13. BUSINESS LICENSE The vendor selected to enter into a Contract / Agreement with the City of Fairhope must be licensed t o do business in the City of Fa irhope prior to commencement of any work un de r the contract . De livery of goods or services to the City of Fairhope by Purchase Order have detailed and varied Business Li cense requirements. In all instances that requ i re a business license . Awarded vendo r will provide proof of pos sessing a current City of Fairhope Business License . Prospect iv e bidders will not be required to possess a City of Fairhope Bus iness License prior to award . 14. CANCELLATION OF / CONTRACT / AGREEMENT/ PURCHASE ORDER/ LEASE A purchase order can be cance led in whole or in part when awarded vendor fails to deliver or perform as specified . Cancellation of a purchase order can only be made by a written purchase order change (POC) from the City of Fairhope . A term contract, lease or agreement can be canceled by the City of Fairhope , for justifi able cause , or convenience, by written notice . 161 North Section Street/ PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FoirhopeAL.gov COF-003 092721 209 i 1 15. CERTIF ICATION PURSUANT TO ACT NO. 2006-557 Ala bama law (section 41-4-116, code of Alabama 1975) provides that every bid submitted and contract executed shall contain a certification that the vendor, contractor, and all of its affiliates that make sa les for delivery i nto Alabama or leases for use in Alabama are registered , collecting , and remitting Alabama state and local sales, use, and/or lease tax on all taxable sales and leases into Alabama . By submitting this bid , the bidder is hereby certifying that they are in full compliance with act no. 2006-557, they are not barred from bidding or entering into a contract pursuant to 41-4-116, and acknowledges that the awarding authority may declare the contract void if the certification is false . All corporations must register to do business in Alabama with the Office of the Secretary of State . Their address is: Office of t he Secretary of State P.O. Box 5616 Montgomery, AL 36103 (334) 242 -5324 Fax : (334) 240 -3138 http ://www .sos .state .al. us/index.aspx The Foreign Corporation form is online at http ://www.sos .state.al.us/downloads/dll.cfm. 16. COST OF REMEDYING DEFECTS All defects, indirect and consequential costs of correcting, removing , or replacing any or all of the defective materials or equipment will be charged against the awarded vendor. 17. DELIVERY OF BID Bi ds must be received in the Purchasing Office by the date and time specified on the bid cover. All bids will be accepted until the time and date stated on the bid co ver. No bids will be accepted that extend past the t i me and date on the bid cover . The time of rece ipt shall be determined by the t i me clock stamp in the Purchasing Department. Bids subm itted by U.S . Mail must be received by the City of Fairhope of Baldwin County, Alabama, i n the City of Fa i rhope offices , 555 South Section St ., Fairhope , Al., unless otherwise spec ified . 18 . DELIVERY The number of calendar days required for delivery after rece i pt of a purchase order shall be stated in the RFQ / 1TB / RFP and /or Purchase Orders. When no time is stated in the document, the time shall be fourteen (14) ca lendar days afte r receipt of order. If a shipment is not made within the time period specified, the Purchase Order may be canceled. 19. ENVIRONMENTAL REQUIREMENTS All p roducts will be clearly labeled for their intended use. Each delivery of product or materials will include a Material Safety Data Sheet (MSDS) for all materia ls that require an MSDS . All manufacturers/distributors of hazardous substances, including any of the items li sted on this bid/quote/ contract and subsequent award must include completed material safety data sheet (MSDS) for each hazardous material. Add itionally, each container of hazardous materials must be appropriately labeled with : a) The identity of the hazardous material, b) Appropriate hazard warnings, and manufacturer, importer, or other responsible party. 20. EQUIPMENT DEMONSTRATION The City of Fairhope may require equ i pment/ product materials or service techniques to be demonstrated at a time, date, and location to be spe ci fied by the City of Fa i rhope . 21. EQU IPMENT ELECTRICAL CERT IFICATION A ll electrical equ i pment purchased shall conform to, and be identified in, the applicable standard(s), or otherwise be certified as applicable , as of the bid opening date and time, by Underwriters Laboratories, Inc ., or other recognized laboratory facility . Bidder must provide satisfactory documentation with returned bid that all such equ ipment meets the app li cable product standard or ha s otherwise been certified as outlined above . Unle ss i ndicated in the bid document, the above certification shall apply to the equipment itself, not the indivi dual components of th at equipment. 22. ERRORS IN BID Bidders are assumed to be i nformed rega r d i ng cond itions, requ i rements, and spe ci fications prior to submitting bids . Fa i lure to do so wi ll be at the bidder's risk. Bids already submitted may be withdrawn wit hout pena lty prio r to b id opening . Erro rs d i scovered after the bid openi ng may not be co r re cted . 161 North Section Street I PO Drower 429 I Fairhope, Alabama 36533 251 .928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov CO F-003 092721 210 23. FORCE MAJEURE Neither the City nor the awarded vendor shall be deemed in breach of any cont ract/ Purchase Order or Agreement wh ich may result from this proposal submission if it is prevented from performing any of the obligations hereunder by reason of Acts of God, acts of the public enemy, acts of superior governmental authority, strikes or labor disputes, floods, riots, rebellion, sabotage, or any similar other unforeseeable causes beyond its control and not due to its fau lt or negligence . Each party shall notify the other immediately in writing of the cause of such after the beginning period thereof. The awarded vendor may request cancellation and the City of Fairhope may grant the request if performance is prevented by any of the above refe r enced causes, or other unavoidable circumstances not attributable to the fault or negligence of the vendor. The burden of pr oof for such relief re sts with the vendor. All correspondence pertaining to cancellation of a purchase order or term contract must be addressed to t he City of Fairhope Purcha si ng Manager. 24 . HAZARDOUS AND TOXIC SUBSTANCES Bidder mu st comply with all app li cable Federal , State, County and City laws , or dina nce s and regulat ions relating to hazardou s and t ox ic substances , including such laws, ordinances and regulations pertaining to info r mation hazardous and tox ic substances, and as amended from time to time . Bidde r shall provide the City of Fairhope with a "Materia l Safety Data Sheet" for all goods that carry one . 25. INDEMNITY Indemnity: The awarded vendor hereby agrees to indemnify and save harmless the City of Fairhope , its officers, agent, and employees, from and aga inst any and all liabilities , claims, demands, damages, fines , fees , expenses , penalties , suits, proceedings, actions and cost of actions, including r easonable attorney f ees for trial and on appeal, of any ki nd and nature, ari si ng or growing out of, or in any way connected with t he performance of this Contract/ Agreement/ Pu rcha se Order, t o the exten t ca use d by a negl igent act or omission of the awa r ded vendor, their agents, servants , employees , Subcontractors, or others as sociated with the awarded vendor . The awarded ve ndo r shall be responsib le for damage to any equ ipment excluded from this agreement, or damage or injury caused by any equipment excluded from this ag r eement, only to the extent th at the dama ge or injury is caused by a negligent act o r omission of the aw arded vendor or cau sed by failu r e of the awa r ded vendor's supplied product to perform as specified. 26 . INSPECTION All materials , workman ship, equ ipment, and supp lie s are sub j ect to inspection and t est at any source or time. Final inspection , accep t ance o r rej ection wi ll be made at delivery destination . Good s that do not meet spe cifi cation s will be rejected unl ess subst it utions have been approved by the Cit y of Fai rhope. Fa ilu re to in spect or to reject upon rece i pt, however, does no t relieve the awarded vendor of li ability. When sub sequent tests, after receipt, ar e conducted and w hen such tests reveal a failure to meet spec ifications , the City of Fa i r hope will reject the goods and the awarded vendor shall immediately supply goods meeting specifica ti ons or the City of Fa irhope may seek damages including but not limited t o t he testing expense, regardless of whether a part of o r all of the goods have been co nsumed through th e t est ing process . Rej ected goods shall be removed by the awarded vendor promp t ly after rejection, at his expense . If not removed in fourteen (14) calendar days, they may be disposed of at the discretion of the City of Fairhope . Disposal costs w ill be the awarded vendo r's respon si bility. 161 North Section Street I PO Drawer 429 / Fairhope, Alabama 36533 251.918.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-()03 092721 211 1 27. INSPECTION OF PREMISES At reasonable times, the City may inspect those areas of the awarded vendor's place of business that are related to the performance of a Contract/ Agreement / Purchase Order . If the City makes such an inspection, the awarded vendor must provide reasonable assistance. The City of Fairhope reserves the right on demand and without notice all the vendor's files associated with a subsequent Contract / Agreement / Purchase Order where payments are based on the awarded vendor's record of time, salaries, materials, or actual expenses . This same clause will apply to any subcontractors assigned to the Contract/ Agreement/ Purchase Orde r . 28. INSURANCE If a Contract / Agreement / Purchase Order results from this RFQ/ITB /RFP, or other form of solicitation, the awarded vendor shall maintain such insurance as will in demni fy and hold harmless the City of Fairhope from Workmen's Compensation and Public Liability claims from property damage and personal injury, including death, which may arise from the awarded vendor's operations under this Contract/ Agreement / Purchase Order, or by anyone directly or indirectly employed by him/her. 29. INVITATION TO BID Any provisions made in the RFQ / 1TB / RFP, or other form of solicitation, supersedes any provisions outlined here in the General Terms and Conditions. 30. INVOICING, DELIVERY, PACKAGING Invoices shall be prepared only after ordered materia ls have been delivered. All invoices must show the purchase order number. Unless otherwise specified in writing, vendors shall not ship any material without an authorized Purchase Order from the City of Fairhope Purchasing Department. All packages delive red must show the purchase order number. The awarded vendor will be required to furnish all materials, equipment and/or service called for at the bid price quoted. In the event the awarded vendor fails to deliver within a reasonable period of time, as determined by the City of Fairhope, the right is reserved to cancel the award and subseq uen t purchase order and purchase from the next lowest responsible bidder the items needed. The original awarded vendor will be back charged the difference between the original contract price and the price the City of Fairhope has to pay as a result of the failure to perform by the original awarded vendor. All bids will remain firm for acceptance for 60 days from the date of bid opening . Prices shall be net F.O.B., Prepaid and Allow, City of Fairhope chosen site, Baldwin County, Al. The title and risk of loss of the goods will not pa ss to the City of Fairhope until receipt and acceptance takes place at the F.O.B. point. 31. LABELING Individual shipping cartons shall be labeled with the name "City of Fairhope", Purchase Order Number, and where applicable, Contract Number, date of manufacture, batch number, storage requirements, conditions, and recommended shelf life . Bidders are encouraged to offer product packaging with recycled content. 161 North Section Street I PO Drawer 429 I Fairhope, Alabama 36533 251 .928.2136 (p) / 251.928.6776 (fl/ www.FairhopeAL.gov COF-003 09 2721 212 f ' r r j 32. LOSS OR DAMAGE IN TRANSIT Delivery by a vendor to a common carrier does not constitute delivery to the City of Fairhope. Any claim for loss or damage in curred during delivery shall be between the vendor and the carrier. The City of Fairhope accepts title only after satisfactory receipt at the delivery point. The City of Fairhope shall note all visible damages on the freight bill and may refuse the damaged goods . The vendor shall make immediate repl acement of the damaged merchandise or be subject to damages for breach of contract. If damage is to a small portion of a total shipment and the City of Fairhope will not be inconvenienced because of the sh ortage, the vendor may be permitted by the Purchasing Manager to deduct the amount of damage or loss from its invoice, in lieu of replacement. Risk of loss during delivery is borne by the vendor until the goods have been accepted by the City of Fairhope , unless otherwise specified in the RFQ / 1TB / RFP or other form of solicitati on . 33. MANDATORY SITE VISIT If the RFQ / 1TB /RFP or other form of solicitation requires a mandatory site visit, bidders must inspect the site where installation or service is to take place to obtain a full understanding of scope of work outlined therein . Date of site visit will be determined by the City of Fairhope . 34 MONITORING OF SERVICES Performance of services w i ll be monitored by the requisi tioning department and/or the Purchasing Department, and evaluation reports may be filed with the Purchasing Department. Performance not meeting specifications will result in cancellation of Contract / Agreement / Purchase Order and may result in vendor be ing removed from the vendor list . 35. NONCONFORMING MERCHANDISE When merchandise received from the lowest responsible bidder is not in accordance with the purchase order, it will be returned to the bidde r, at bidder's expense . 36. NON-DESCRIMINATION The City of Fairhope is an Equal Opportunity Employer and requires that all contractors comply with the Equal Employment Opportunity laws and the provisions of the Contract / Agreement / Purchase Order documents in this regard . The City also encourages and supports the utilization of Minority Bus iness Enterprises on this and all public bids. 37 . NON-EXCLUSIVE Unless otherwise specified, this Contract/ Agreement / Purchase Order is considered a non -ex clusive Contract /Agreement/ Purchase Order between the parties. 38. NOTIFICATION AND ACCIDENT REPORTS In the event of accidents of any kind, in the performance of a Contract / Agreement / Purchase Order, the awarded vendor shall notify the City of Fairhope im mediate ly and furnish, without delay, copies of all such accident reports to the City of Fairhope. If in the performance of their Work, the awarded vendor fails to imm ediately report an accident to the City of Fairhope, of which the awarded vendor has knowledge of and which results in a fine levied aga i nst the City of Fairhope then the awarded vendor shall be responsible for all fines levied against the City of Fairhope . 39. PACKAGING All goods must be packaged in new pack i ng containers . Pack ing that meets the requirements of common carriers is acceptable, unless otherwise required. A packing slip or invoice must accompany all shipme nts and must reference the purchase order number. Unless otherwise specified , goods are to be pac kaged in cartons meeting federal spec ifications and shipped on non -returnable pallets . 40. PATENTS Awarded Vendor guarantees that the sale and/ or use of goods will not infringe upon any U.S. or foreign patent . Awarded vendor will at his / her own expense, indemnify, protect and save harmless the City of Fairhope, on any patent cla i ms arising from the purchase of goods o r services . 41. PAYMENT Invoi ces -Upon completion of service and delivery of materials specified in the applicab le Contract / Agreement / Purchase Order, awarded vendor will submit an invoice and signed delivery ticket to: City of Fairhope Accounts Payable Departme nt P.O. Box 429 Fairhope, Al. 36533 All invoi ces must reference appropriate Purchase Order Numbers Payment of Invoice: All invoices received by the City of Fairhope are payable within thirty (30) days from the date of rece i pt by the City of Fairhope, provided they are approved by the City of Fairhope . 161 North Section Street I PO Drewer 429 I Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) I www.FairhopeAL.gov COF-003 092721 213 1 f I ... 42. PAYMENT WITHHELD Payment may be withheld until all items have been delivered and all requirements of the Contract / Agreement/ Purchase Order have been fulfilled 43. PRODUCT TESTING Vendor shall incur all cost involved in obtaining an Independent Laboratory Test if the City deems necessary during the term of the Contract / Agreement / Purchase Order. The City of Fairhope reserves the right to request a demonstration of any and all items bid before making the award . 44. PERMITS LICENSES AND CERTIFICATES The awarded vendor is to procure all permits, licenses, and certificates, or any approvals of plans or specifications as may be required by Federal , State, Local Laws , ordinances, rules , and regulations, for the proper execution and completion of Work covered under the Contract/ Agreement/ Purchase Order. 45. PREPARATION OF BID All bids / proposals shall be typewritten or in ink on the form(s) prepared by the City of Fairhope . Bids / proposals prepared in pencil will not be accepted. All bids / proposals must be signed by officials of the corporation or company duly authorized to sign bids / proposals. Any bid / proposal submitted without being signed will automatically be rejected . All corrections or erasures shall be initi aled and dated by the person authorized to sign quotations /bid s / proposals . If there are discrepanc ies between unit prices quoted and extensions , the unit price will prevail . 46 . QUESTIONS/ CONTACT Commencing with the issuance of the RFQ/ 1TB / RFP, or other form of solicitation, no vendor or anyone acting on a vendor's behalf, shall make di rect or in direct contact with City personnel or undertake any activities or take any action to otherwise promote its quotation/ b id/ proposal to the City or its personnel. All communications shall be made to the contact identified in the quotation / bid / proposal documents . Violation of this requirement may, at the City's sole and absolute discretion , be grounds for disqualifying a vendor from further consideration . 47. RECEIPT BY CITY OF FAIRHOPE If not otherwise stated in the order, the City of Fairhope will be said to have received goods when they have been delivered, unloaded, and placed on the agency's dock or if there is no dock, ins ide an accessible building , and signe d for by an authorized City employee. Shipments will be checked against the receiving copy of the Purchase Order. If the purchase order re quires grading certificates, USDA Stamps, or any proof of quality, such proof must accompany the shipment. 48 . REJECTION OF BIDS The City of Fairhope reserves the right to accept or reject any or all bids in whole or in part for any reason , to waive techn icalities or informalities, orto advertise for new proposals, if, in the judgment of the awarding authority, the best interest of the Ci ty of Fairhope will be promoted thereby . Bidders may be disqualified and rejection of proposals may be recommended fo r any of (but not limited to) the following causes : Fa ilu re to use the bid forms furnished by the City of Fa irh ope, Lack of signature by an autho r ized representative on the bid form, Failure to properly complete the bid form and vendor compliance, Evidence of collusion among bidders, Unauthoriz ed alteration of the bid form . 49. RIGHT TO AUDIT The awarded vendo r shall ma i nta in documentation of all work performed . The awarded vendor shall make any and all documentation available to the City of Fairhope at all reasonable t imes, for inspections and audit by the City of Fairhope fo r a period of Three (3) years after expiration of the Contract / Agreement/ Purchase Order. SO. SAMPLES Bidders will not be required to furnish samples at the time of bid opening, unless specifically called for . The City of Fairhope reserves the right to request samples after bid open ing to assist in the evaluation of proposals submitted . 51. SAFETY MEASURES The awarded vendor shall take all necessary precautions for the safety of the City of Fairhope's and awarded vendor's employees at the Work site, and shall erect and properly maintain at all times , all necessary safeguards for the protection of the workmen and the public. The awarded vendor shall post signs warning aga inst hazards in and around the Work site. 161 North Section Street/ PO Drawer 429 / Fairhope, Alabama 36533 251 .928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 214 52. SET-UP AND INSTALLATION Unless otherwise specified, bid/ quotation to include cost of all uncrating, disposal of shipping materials, set-up, testing and initial instructi on to agency personnel. 53 . SPILL CLEAN UP The awarded vendor shall be responsible for spillage caused by their negligence, which occurs during transit or unloading operations . The awarded vendor shall immediately report and clean up any spillage . Upon failure to do so, the awarded vendor shall remain responsible for all actual related costs. 54. SUBSTITUTIONS Subst itutions on a purchase order shall require the approval of the Originating Buyer . The City of Fairhope reserves the right to reject at destination and hold at the vendor's risk and expense any goods supplied by the vendor which do not conform to the specification or description embodied in the order or are inferior in any respect to the good specified . Any good bought by sample which is inferior in quality to the sample submitted by vendor will be rejected. Any goods delivered that do not meet specifications may be returned to the vendor at its expense. When a good is returned, the vendor must make immediate replacement with acceptable merchandise, or the City of Fairhope may seek remedies for default. 55. TABULATION Bid results are posted on The City of Fairhope's web site : www.FairhopeAL.gov. The awarded vendor will be sent a written notification . 56 . TAXES Prices quoted shall be delivered prices, exclusive of all federal or state excise, sales , and manufacturer's taxes . The City will assume no transportation or handling charges other than specified in the RFQ, 1TB , RFP or other form of solicitation . The City is tax exempt by law -Code of Alabama 1975 . 57. TERMINATION FOR CONVENIENCE Any Contract/ Agreement/ Purchase Order may be termi nated for convenience by the City of Fairhope, in whole or in part, by written notification to the awarded vendor . 58. TERMINATION FOR DEFAULT Performance of Work under the Contract / Agreement / Purchase Orde r Agreement may be terminated by the City of Fairhope, in whole or in part, in writing, whenever the City of Fairhope determines that the awarded vendor has failed to meet the requirements of the Contract/ Agreement / Purchase Order. 59. TERMINATION FOR NON-APPROPRIATION Termination for Non -approp(iation The continuation of any financial obligation beyond the current fiscal year is subject to and contingent upon sufficient fu.hds being appropriated, budgeted , and otherwise made available by the local source , State Legislature and/or federal sources . The City of Fairhope may terminate any financial obligation, and awarded vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any re ason the City of Fairhope's funding from local, State and/or federal sources is not appropriated, withdrawn or limited. 60 . TIME 15 OF THE ESSENCE The City of Fairhope and awarded vendor agree that time is of the essence in the performance of work called for under this Contract/ Agreement/ Purchase Order. The awarded vendor agrees that all work w i ll be accomplished regularly, diligently, and uninterru pted at such a rate of progress as will ensure full completion thereof within reasonable time periods . 61. TITLE All titles, fees , as well as other charges , are to be paid by awarded vendor . Awarded vendor is to furnish prepaid certificate of title in the name of the City of Fairhope, Title shall change upon acceptance of delivery at the City of Fairhope approved delivery location . 62. VENDOR LIST A vendor may be removed from the City of Fairhope's Bidders List if a vendor fails to respond to three (3) consecutive ITB's. A properly submitted "No Bid" is considered as a response and the vendor will receive credit for the response . 161 North Section Street/ PO Drawer 429 I Fairhope, Alabama 36533 251.928.2136 {p) / 251.928.6776 U) / www.FairhopeAL.gov COF-003 092721 215 i . I. L L 63. WARRANTY The awarded vendor expressly warrants that all articles, materials, and work offered shall conform to each and every specification, drawing, sample, or other description which is furnished to or adopted by the City of Fairhope, and that it will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, and free from defects. The awarded vendor further warrants all items for a period of one year, unless otherwise stated, from the date of acceptance of the items delivered and installed or work completed. All repairs, replacements, or adjustments during the warranty period will be at the awarded vendor's sole expense . Awarded vendor will provide written warranty for all parts and labor for a period of (1) one year commencing from date of written acceptance of delivery by City of Fairhope. Awarded vendor will provide written copies of all other applicable warranties, such as, Manufacturer's warranty. Those warranties, if any, will be in addition to the awarded vendor's warranty, and the terms of which will not be altered by the awarded vendo r's warranty. 64. IMMIGRATION LAW The Contractor agrees that it shall comply with all of the requirements of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No 2011- 535, Alabama Code (1975) Section 31-13 -1, et. Seq., (also known as the Alabama Immigration Act) see Section 31-13-9, and the provisions of said Act, including all penalties for violation thereof, are incorporated herein. 161 North Section Street I PO Drawer 429 I Fairhope, Alabama 36533 251.928.2136 (p) I 251.928.6776 (f) I www.FairhopeAL.gov COF-003 092 721 216 ..I. ITEM VIII ALABAMA IMMIGRATION ACT CONTRACT REQUIREMENTS 1.0 Background The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No 2011-535 , as amended by Act No 2012-491, Code of Alabama (1975) Section 31-13-1 through Section 31-13 -30 (also known as and hereinafter referred to as "the Alabama Immigration Act") is applicable to CONTRACTs with the City of Fairhope , Alabama . All business entit ies entering into CONTRACTs with the City of Fairhope , Alabama will comply with the Alabama Immigration Act. 2.0 Definitions ALIEN . Any person who is not a cit izen or nationa l of the United States , as described in 8 U.S.C. § 1101 , et seq ., and any amendments thereto . BUSINESS ENTITY . Any person or group of persons employing one or more persons perform ing or engaging in any activity , enterprise , profession , or occupation for gain, benefit , advantage , or livelihood, whether for profit or not for profit. Business entity shall include but not be limited to the following : a. Self-employed individuals , business entities filling articles of incorporation , partnerships , lim ited partnerships , limited liability companies, foreign corporations , foreign limited partnerships , foreign liability companies authorized to transact business in this state , business trusts , and any business entity that registers with the Secretary of State. b. Any business entity that possesses a business license, permit , certificate , approval , registration , charter , or similar form of authorization issued by the state , any business ent ity that is exempt by law from obtaining such a business license, an any bus iness entity that is operating unlawfully without a business license . CONTRACTOR. A person , employer, or business entity that enters into a CONTRACT to perform any service or work or to provide a certain product in exchange for valuable considerat ion . This definition shall include, but not be limited to , a general CONTRACTOR, SUB -CONTRACTOR , independent CONTRACTOR , CONTRACT employee, project manager, or a recrui t ing or staffing entity . EMPLOYEE . Any person directed, allowed , or permitted to perform labor or service of any kind by an employer. The employees of an independent CONTRACTOR wo rking for a business entity shall not be regarded as the employees of the business entity, for the purposes of this chapter. This term does not include any inmate in the legal custody of the state , a county , or a municipality. EMPLOYER. Any person, firm, corporation , partnership, joint stock association , agent , manager, rep resentative , foreman , or other person having control or custody of any emp loyment , place of employment, or of any employee , including any person or entity employing any person for hire within the State of Alabama , including a publ ic employer. This term shall not include the occupant of a household contracting with another person to perform casual domestic labor within the household . E-VERIFY . The electronic verification of federal emp loyment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division c , Section 403 (a); 8 U .S.C. §1324(a) and operated by the United States Department of Homeland Security, or its successor program . STATE-FUNDED ENTITY. Any governmental entity of the state or a political subd ivision thereof or any other entity that receives any monies from the state o r a political subdivision thereof; provided, however, an entity that mere ly prov ides a service or a product to any governmental entity of the state or a po litical subdivision thereof, and receives compensation for the same , shall not be considered a state-funded entity. SUB-CONTRACTOR. A person , business entity , or employe r who is awarded a portion of an existing CONTRACT by a CONTRACTOR , regardless of its ti er. UNAUTHORIZED ALIEN. An alien who is not authorized to work in the United States as defined in 8 U .S.C . § 1324a (h) (3) . 217 l. 3.0 Mandatory Clause All CONTRACTS or CONTRACTS to which the state , a political subdivision , or state-funded entity are a party shall include the following clause : "By signing this CONTRACT, the CONTRACTING parties affirm, for the duration of the CONTRACT, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a CONTRACTING party found to be in violation of this provision shall be deemed in breach of the CONTRACT and shall be responsible for all damages resulting therefrom ." For purposes of th is section , "CONTRACT'' sha ll mean a CONTRACT awarded by the state , any political subdivision thereof, or any state-funded entity that was competitively bid or would , if entered into by the state or an agency thereof, be required to be submitted to the CONTRACT Review Permanent Legislative Oversight Committee. 4 .0 CONTRACTs Involving Business Entity, or Employer 5.0 6.0 As a condition for the award of any CONTRACT, grant , or incentive by the state , any political subdivision thereof, or any state-funded entity to a business ent ity or employer that employs one or more employees , the bus iness entity or employer shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama . As a condition for the award of any CONTRACT, grant , or incentive by the state , any political subdivision thereof, or any state-funded entity to a business ent ity or employer that employs one or more employees with in the state of Alabama, the business entity or employer shall provide documentation establishing that the business entity or employer is enrolled in the E-Verify program. During the performance of the CONTRACT, the business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations . CONTRACTS Involving Subcontracting Any SUB -CONTRACTOR on a project paid for by CONTRACT, grant, or incentive by the state , any political subdivision thereof, or any state-funded entity shall not knowingly employ , hire for employment , or cont inue to employ an unauthorized alien within the State of Alabama and shall also enroll in the E- Verify program prior to performing any work on the project. Furthermore , during the performance of the CONTRACT, the SUB-CONTRACTOR shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations . This subsection shall only apply to SUB-BIDDERS performing work on a project subject to the provisions of this section and not to collateral persons or business entities hired by the SUB -CONTRACTOR. Proof of E-Verify documentation will be in the form of a copy of the signed Memorandum Of Understanding (MOU) generated upon completion of the E-Verify program . END OF ALABAMA IMMIGRATION ACT CONTRACT REQUIREMENTS 218 ITEMIX INVITATION SUMMARY Bid No. 23-032-2023-PWl-012 Project No. 2023-PWI 012 City-Wide Road Repair, Resurfacing & Striping Project Bid Name : Issue Date : Certificate of Insurance Requirements : Non -Mandatory Pre-Bid Meeting : Deadline for Questions Date : Bid Due Date: City Internet Site : BID 23-012-2023-PWl-012 City-Wide Road Repair, Resurfacing & Striping Project June 18, 2023 See Item V Tuesday, July 11 , 2023 , 2 :00 P .M . Thursday , July 13 , 2023 , 2 :00 P.M. Thursday , July 20, 2023 , 2 :00 P.M. www.Fa irhopeAL.gov SEALED Bid Response Copies to submit: One (1) Original Paper Copy Purchasing Department Contact fo r questions : Purchasing@FairhopeAL .gov (251) 928-8003 END OF INVITATION SUMMARY 219 L J, ITEMX BID BOND INFORMATION Bids shall be accompanied by a Bid Security equal to 5% (percent) of the bid price , but in no event more than $10 ,000.00 . Bid Security shall be in the form of a Bid Bond or a cashier's check payable to The City of Fairhope. All bonds and /or cashier's check will be made payable to the City of Fairhope for an amount not less than five (5) percent of the City's or its engineers or architects estimated cost of the Project or of the total bid in the proposal, but in no event more than $10 ,000 .00 . Return of Bid Bonds : All bid bonds , except those of the three lowest bona fide bidders, will be returned immediate ly after bids have been checked , tabulated and the relation of the bids established. The bid bonds of the three lowest bidders may be retained and if so , will be returned as soon as the contract bonds and the contract documents of the successful bidder have been approved and properly executed . In the event it is necessary to defer a contract award for longer than fifteen (15) days, after opening of bids , then all bid bonds , except that of the potential successful bidders will be returned . Award of the contract will be made within the time specified after the opening of b ids . In the event no award is made within such time , all bids may be rejected , and all bonds returned . Prov ided ; however, the potentially successful b idder may enter into a written agreement with the City for an extension of time for consideration of its bid , in which case , the b idder's bond shall remain in fu ll force and effect, or the City may permit sa id bidde r to substit ute a sat isfactory surety for the cash ier's check if submitted as a guaranty to the bid bond . Forfeiture of Bid Bonds : Should the successful bidder or bidders to whom a contract is awarded fail to execute a contract(s) and furnish acceptable contract securit ies and evidence of insurance , as requi red , within thirty (30) days after the prescribed forms have been presented to him/her, the City may retain from the proposal guaranty, if it is a cashier's check or recovered from the principal or the sureties , if the guaranty is a bid bond , the difference between the amount of the contract as awarded , and the amount of the proposals of the new lowest bidder. If no other bids are received , the full amount of the proposal guaranty may be so retained and recovered as liquidated damages for such default. Any sum so retained or recovered shall be the property of the awarding authority. END OF BID BOND INFORMATION 220 ITEMX BID BOND The PRINCIPAL (Bidder's name and address) Asphalt Services , Inc 11045 Old Highway 31 , Spanish Fort , AL 36527 The OWNER City of Fairhope P.O. Drawer 429 Fa irhope , Al 36533 The PROJECT for wh ich the Princi pa l's Bid is submitted : (Project name as it appears in the Bid Documents) PROJECT NO . 23-032 -2023 PWl -012 PROJECT NAME: City-Wide Road Repair , Resurfac ing & Striping Project , Public Works No. 2023 -PWI 012 KNOW ALL MEN BY THESE PRESENTS, that we , the undersigned Principa l and Surety , jointly and severa ll y , hereby bind ourselves . our heirs , executors , administrators . successors , and assigns lo 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 OBIGATION is that the Principal has subm itted to the OWNER the attached bid , which is incorporated herein by refe rence , for the Project identified above . NOW. THEREFORE , if, with in the terms of the Bid Document , the OWNER accepts the Principaf's bid and the Principal thereafter either: (a) executes and del ivers 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 anottiertfillcl~~"••• then . this obligation sha ll be null and void . otherwise it shall rema in in full force and effect. •• •·• ,NC",,, '••,,, .. -·-.. ~-... •······•. ,,,, The Surety . for value rece ived . hereby stipulates and agrees that the obligation of the S(!te~,ft19cf~ this ,;.:.. \ Bond shall not in any manner be impa ired or affected by any extension of the time within which the OWNER ma y a~ttlie"lf'tinciP-4 ✓1-:··. N \ \ bid. and the Surety does hereby wa ive notice of any such extens ion . ~ I( : ; c:f ~: O) E 20th July 3 : 1•J : o-LLJ cc : (1): 1 SIGNED AND SEALED this ____ day of __ ~------· 202 __ . \ Ul ··-.. ~.., V) ~ · ... / 1 Asphalt Services, Inc · .. '< > ··. 0 / l I • IJ..., .• . . ••• ••• ,.•' ;' , ., t._f !, "'ff , ... ~'" , ... ,., ...... , .. ,. SURETY Connie Smith , Witness CORPORATION Asphalt Services , Inc Name of Corporation, Partnership. or Joint Venture Bus iness Mailing Address : 11045 Old Highway 31 , Spanish Fort , AL 36527 ema il. __ +.:.......:..,,...=ct+'l..:..:..,.h'i.,_o,._~=--1.-@~a.s=_i _-,_j f..:C;_:._;Co=-=-'-'-m __ phone_(_~_51..,....,)_,_3..J_.-'-'1 _3~-- I Willcu:ft~ a.si •jc .com 221 BY : --:-::-if---,-L....~~~~-,--,- ( to sign Bids and Contracts for the Firm), «.,:v/-1q (General Contractor's License Number) vendors) Western Surety Company (N ame of Surety) 222 Weste rn Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kn ow All Men By T hese Pre sent s, Thal WES TERN SURETY COM PANY, a So uth Dako ta co rp orati on, is a dul y organi ze d a nd existin g co rp o rat ion havi ng its pri ncipal offi ce in th e Ci ty of Sio ux Fall s, and State of So uth Dak ota, and 1h a1 it does by virtu e of th e sig nature and seal he rein affi xe d hereby make . co nsti tut e and app o int Thomas J Gentile, Billie Jo Sanders, Paul B Scott Jr., David J Durden, Renee Ellis, Milton A Kopf III, Individually of Montgo mery . AL , its tru e and law ful Att orn ey(s )-in-Fact with full power an d autho rity here by co nfe rred lo sig n. seal an d exec ut e fo r and on its be half bon ds. und ert akin gs and oth er obli gato ry instru ments of s imil ar natu re -In Unlimited Amounts - and to bi nd it th ere by as full y and lo th e sam e ex tent as if such in struments we re s igned by a dul y auth ori zed o ffi ce r o f th e corpo rat ion and a ll th e acts of sai d Att orn ey , purs uant to the auth ority here by g ive n. are hereb y ratified an d confirm ed . This Powe r of Anomey is mad e and exec ut ed pursuant to and by auth ori ty o f the By-L aw pr inted on th e re verse hereat: dul y ado pted . as indi ca ted. by th e shareholders of th e co rporati on. In Witness Wh ereof. WESTE RN SURETY COMP ANY has caused th ese prese nts to be signed by its Vice Pre si dent and it s co rpo ra te se al to be hereto affi xe d on th is 19t h day of June . 2021 . Stat e o f So uth Dak ota Co un ty of Minnehah a W E ST E RN SUR E TY COMPANY On th is 19th day of Jun e. 202 1, befo re me pe rso nall y cam e Paul T. Bruflat. to me known . wh o. be in g by me dul y sworn , did depo se and say : that he res id es in the C ity o f Sio ux Fall s, Stat e o f So uth Da kota : th at he is the Vice Pre si dent of WES TERN SU RETY COMP ANY desc rib ed in and whi ch exec uted th e ab ove instrum ent ; th at he kn ows th e se a l of said corporatio n: that th e se al a ffi xe d to th e said in strument is such co rp o rate se al ; th at it was so affi xed pu rs uant to authority g ive n by th e Board o f Directors of said corporation and th at he sig ned hi s nam e th ereto purs uant to like auth o ri ty . and ackn owl edges sam e to he th e ac t and deed o f sa id corp orati on . My co mmission ex pires March 2, 2026 ............. _......--...... _..._. : M. BEN T : ,~NOTARY ,uauc~, $~SOUTH DAKOTA\9ril$ ' , ................................................. CERTIFI CA TE l>Z ~ M. Bent, No tary Publi c I. L. Ne lson , Ass istant Secretary of WESTE RN SUR ETY COMP ANY do hereby ce rtify that the Powe r of Att orn ey herei nabove set fo rth is still in fo rce . and furth er ce rti fy that th e By-Law o f th e co rp orati on prin ted on th e reve rse hereof is still in fo rce . In testi mony whereof I hav e hereun to sub sc ribed my name an d affi xed th e seal of th e sa id co rp orat ion thi s SURETY COMPANY \\';-'! Forni F4280-7-2 0 12 , ',. ,J,,j•·••. Go to www.cnasurety.com >Owner/ Obli(tM: S ond Coverage, if you want to verify bond authenticity. '•::: .. q. 223 STAT E O ALAB A M A (,~9G ... BID LIMIT: A MOUNT: u UNLIMITED ·~ ~ ~\'-~~~~ LICENSE NO .: TYPE: 22479 RENEWAL -. ~)'~ ,._-ot: ,' ~ THIS IS TO CERTI 'l THAT ASPHALT SERVICES INC SPANISH FORT, AL 36527 is h ereby licensed a Gene a l C on.tr a ctor in the State o f Al abama and i s author ized to perform the foHowing type(s. of work: BC: BUILDING CONSTRUCTION, EV-S: POL DISPENSING SYSTEM, H/RR: HEAVY AND RAILROAD, HS : HIGHWAYS AND STREETS, MU: MUNICIPAL AND UTILITY u ti! December 31, 2023 when thi s Certifi cate expires. Witness our hands and seal of the Board, dated Montgomery, Ala., 9th day of January, 2023 SECRE TA RY-TREAS UR ER 191 413 224 ALABAMA DEPARTMENT OF TRANSPORTATION Kay Ivey Governor 1409 Coliseum Boulevard, Montgomery, Alabama 36110 Bureau of Office Engineer Plans and Proposals Section Telephone: 334-242-6444 FAX: 334-264-7976 www. dot. state . al. us May 22 , 2023 John R . Cooper Transportation Director Asphalt Services, Inc . 11045 Old Highway 31 Spanish Fort , AL 36527 CONFIDE NHAl To Whom It May Concern: This is to certify that the above addressee is qualified under the rules and regulations of the Alabama Department of Transportation and Section 23-1-56, Code of Alabama 1975, to submit proposals for Highway and Bridge Construction, and which bids are to be taken by the Alabama Department of Transportation, subject to the following restrictions. Your contractor identification number is~ The permissible amount of work under contract at any one time is : $94,099,200 This certificate not valid after: 4/30/2024 This certificate limits the holder to the classification of work indicated below: [8J Grading [8J Flexible Paving [8J Minor Drainage [8J Bit. Hot Mix Structural & Surface Course D Alabama Secretary of State Certificate of Existence: Foreign corporations will not be awarded a federal aid project without having furnished this office a Secretary of State Certificate of Existence valid for a period covering the bid award date. Foreign corporations will not be issued a bidding proposal for any project exclusive of federal funding without having provided this office with a Secretary of State Certificate of Existence valid for a period covering the bid opening date. D Alabama General Contractors License: You will not be awarded a federal aid project without having obtained an Alabama General Contractors License that is valid for a ·period covering the award date. Your bid on any project exclusive of federal funding will be rejected if you do not hold a valid Alabama General Contractors License and provide evidence of such in your bid package. D Memorandum of Understanding: MOU concerning enrollment in the E-Verify program must be on file in this office before a project can be awarded. Sincerely, Joe H. Lister, Jr ., P.E. State Office Engineer Certified by: 225 ACORD. CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 4/26/2023 ASPHSER-01 CSMITH 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 BYTHEPOLICIES 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 certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions 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 F.l?!'l!~CT Connie H. Smith PGIS, LLC dba Turner Insurance & Bonding Co. r.JJg~Jo, Ext): (334) 386 -3611 I FAX PO Drawer 230789 (A/C , Nol : Montgomery, AL 36123 ~~n~~ ••• csmith@turnerfirst.com INSURER/SI AFFORDING COVERAGE NAIC# INsuRERA :Middlesex Insurance Comoanv 23434 INSURED INSURER B ,Ala Branch of AGC of Amer Inc SIF #01 OOR A -VI 055028 Asphalt Services, Inc. INSURER c : Transauard Insurance Comoanv of America 28886 E& T Enterprises LLC INSURER D : Midwest Emolovers Casualtv Co 23612 11045 Old Highway 31 Spanish Fort, AL 36527 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSU RANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLI CY PERIOD INDICATED. NOTVIII TH STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU MENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSU ED OR MAY PERTAIN, THE INSURANC E AFFORDED BY THE POLI CIE S DESCRI BED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . ' 11N;f TYPE OF INSURANCE 118.P~ SUBR POLICY NUMBER POLICYEFF POLICY EXP lcv,m LIMITS A X COMME RCIAL GENERAL LIABILITY EACH OCCURRENCE s 1 ,000,000 1--tJ CLAIMS-MADE [Kl OCCUR ~~~~U?,,~~!ED ,,., A0195715002 4/26/2023 4/26/2024 $ 100,000 ,-.. -MED EXP /Anv one ne rson\ $ 5,000 -PERSONAL & ADV IN JUR Y $ 1,000,000 GEN"L AGGREGATE LIM IT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 M POLICY [Kl ~f8r D Loe PRODUCTS -COMP/OP AGG < 2,000,000 OTHER : $ A AUTOMOBILE LIAB ILITY n,~~~!~~!?,flNGLE LIMIT $ 1,000,000 1-- ..!. ANY AUTO 1Ao19511 soo2 4/26/2023 4/26/2024 BODILY INJURY /Per oersonl s OWNED -SCHEDULED I--AUTOS ONLY 1--AUTOS BODILY INJURY !Per accidenl\ $ X ~/fMsoNLY X ~Br&~t~ Fi!l.?~~~l~AMAGE $ I-- $ A X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000 1-- ~0195716002 4/26/2023 4/26/2024 EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I X I RETENTION$ 10,000 Aggregate $ 5,000,000 B WORKERS COMPENSATION X I ~¥f Tl OTC I 12JH-AND EMPLOYERS ' LIABILITY YIN MA401 1/1/2023 12/31/2023 1,000,000 ANY PROPRIETOR/PARTNE R/EXECUTIVE [Y] N/A E.L. EACH ACCIDENT $ p,m~~r.,~~~i1 EXCLUDED? E.L. DISEAS E -EA EMPLOYE' $ 1,000,000 g~;~~t~ ~fgPERATIONS below E.L. DISEASE -POLICY LIM IT $ 1,000,000 C Equipment Floater IMP1000771 -00 4/26/2023 4/26/2024 Leased & Rented 200,000 D Worker's Compensatlo EWC009234 1/1/2023 1/1/2024 see limits above 1 ,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHIC LES (ACORD 101, Add itiona l Rema rks Schedule , may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION PROOF OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FOR INFORMATION & BIDDING PURPOSES THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE I /LI/~~ ACORD 2 5 (2016/03) © 1 988-2015 ACORD CORPORATION. All rights reserved . The ACORD name and logo are reg istered marks of ACORD 226 Company ID Number: 489423 To be accepted as a participant In E-Verlfy, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verlfy at 888-464-4218. Employer Asphalt Services, Inc. ILa_urie S Willcutt Name (Please Type or Print) flltle lf:lectronical/y Signed 01/13/2012 Signature Pale Q.epartment of Homeland Security -Verification Division IUSCIS Verification Division N11_me (Please Type or Print) TiUe Electronically Signed 01/13/2012 Signature Jate Information Required for the E-Verify Program Information relating to your Company: Comoanv Name: "•phalt Services, Inc. Como.any Facilitv Address: 11045 Old Highway 31 Spanish Fort, AL 36527 Company Alternate Address : Countv or Parish : aALDWIN Employer Identification Number: ~31062122 Page 12 of 13 I E-Vertfy MOU fo r Emp loyer I Revision Date 09/01/09 www.dhs.gov/E-Verlfy 227 Company ID Number: 489423 North A.merican Industry Cla$sification Systems 237 Code: Administrator: Number of Emolovees: ~.o to 99 . ' Number of Sites Verified for: 11 !Are you verifying for more than 1 site? If yes, please provide the number of sites verified for ui each State: . ALABAMA I sitc(s) Information relating to the Program Adminlstrator(s) for your Company on policy questions or operational problems: 1'1ame : Grtcory T Smith t.,J,.phon• Numb.,,: (251) 621 -9325 Fn.x Nwnbcr: (2!§1) 621 -,.,,, ~-mail Address: asi@ui.gc.com Name: Laurit S Willcutt Telephone Number: (251) 621 -9325 Fax Number: (251 I 621 -9393 E-mail Address: asl@asi-ec.com Page 13 of 13 I E-Verlfy MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E•Verify 228 r l. L ITEM XI PERFORMANCE BOND KNOW ALL MEN : That----,-----:----:------:-:-,....,,..,,----:--:----:-:--------as Principal , (name & address of legal title of contractor) and ______ ----:-----,----,--:---=-----:---------,----,-----------------and (name & address of legal title of one or more sureties) (name & address of legal title of one or more sureties) Hereinafter called the Surety or Sureties , are held and firmly bound unto the CITY OF FAIRHOPE , ALABAMA , hereinafter called the OWNER in the sum of _______________ Dollars($. ___ _,, for the payment whereof the Principal and the Surety or Sureties bind themselves, their heirs , executors , administrators , successors , and assigns , jointly and severally, firmly by these presents . WHEREAS, The Principal has , by means of a written agreement , dated I , entered into a contract with the OWNER for Bid No. 23-032-2023-PWl-012 City-Wide Road Repair, Resurfacing & Striping Project , which agreement is by reference made a part hereof. NOW THEREFORE , the conditions of this obligation is such that if the Principal shall faithfully perform the contract on h is part, and satisfy all claims and demands , incurred for the same , and shall fully indemnify and save harmless the OWNER from all cost and damage which he may suffer by reason of failure to do so, and shall reimburse and repay OWNER all outlay and expense which the OWNER may incur in making good for any such default thence this obligation shall be null and void : otherwise , it shall remain in full force and effect. PROVIDED, HOWEVER, that no suit, action or proceedings , by reason of any default whateve r be brought on his Bond after twelve months from the day on which the final payment under the Contract falls due. PROVIDED , further, that the said surety or sureties, for value received hereby stipulate and agree that no change , extension of time , or addition to the terms of the Contract or to the work to be performed thereunder of the specifications thereof shall in any way effect their obligations on this bond, and they do hereby waive notice of any such change, extension of time , alteration or addition to the terms of the contract, or to the work, or to the Specifications. WITNESS our hands this __ day of ________ , 202_. IF INDIVIDUAL _________________ , Doing Business As , ---:=--:---~--:-------- (SIGNATURE of Individual Bidder) (Business Name) Business Mailing Address ____________________________ _ IF CORPORATION (Name of Corporation , Partnership , or Joint Venture) Bus iness Mailing Address ____________________________ _ By :. __________________ _ (SIGNATURE of officer authorized to sign Bids and Contracts for the company) ATTEST: ( Secretary) (Name of Surety) (P osition or Title) (Name of State of incorporation) By : ----:-:c----,--:-::c--,:--------- (Attorney in Fact) 229 l. I l ITEM XII LABOR AND MATERIAL BOND KNOWN ALL MEN BY THESE PRESENTS , that we , __________ _ (hereinafter called the "Contractor") of _____________ as . principal and (hereinafter called the "Surety"), as Surety, do hereby acknowledge ourselves indebted and firmly bound and held unto the City of Fairhope, Alabama , (hereinafter called the "City"), a municipal corporation , existing under and by virtue of the Laws of the State of Alabama, for the use and benefit of those entitled thereto, in the penal sum of _______________ ($ _____ ~ for the payment of which well and truly to be made in lawful money of the United States, we do hereby bind ourselves , or successors , assigns and personal representatives , jointly and severally, firmly by these presents. BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS : WHEREAS, the City has entered into a certain written contract with said Contractor for Project No. 2023-PWI 012 City-Wide Road Repair, Resurfacing & Striping Project, in accordance with contract documents heretofore on file in the Office of the City of Fairhope at the price of, to-wit: ($ ___ __, as more fully appears in said written Contract bearing date of , 2023, which Contract is hereby referred to and made a part hereof to the same extent as if set out herein in full. NOW, THEREFORE, if said Principal and all subcontractors to whom any portion of the work provided for in said contract is sublet and all assignees of said Principal and of such subcontractors shall promptly make payment to all persons supplying him or them with labor, foodstuffs, or supplies for or in the prosecution of the work provided for in such contract, or in any amendment or extension of or addition to said contract , and for the payment of reasonable attorney's fees, incurred by the claimant or claimants in suits on said bond , then the above obligation shall be void ; otherwise, it shall remain in full force and effect. PROVIDED, however, that this bond is subject to the following conditions and limitations: (a) Any person , firm or corporation that has furnished labor, foodstuffs , or supplies for or in the prosecution of the work provided for in said contract, payment for which has not been made , shall have a direct right of action in his or their name or names against the principal and surety on this bond, which right of action shall be asserted in a proceeding, instituted in the county in which the work provided for in said contract is to be performed and in any county in which said Principal or Surety does business . Such right of action shall be asserted in a proceeding instituted in the name of the claimant or claimants for his or their use and benefit against said Principal and Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon. (b) In addition to any other legal mode of service, service of summons and other process in suits on this bond brought in Baldwin County may be had on the Principal or the Surety in accordance with Title 27, Chapter 3, Section 24 of the Ala . Code (1975) by serving a copy of the summons and complaint or other pleading or process, with the Commissioner of Insurance of the State of Alabama or his/ her designee and the Principal and Surety agree to be bound by such mode of service above described and consents that such service shall be the same as personal service on the Principal or Surety . (c) The Surety shall not be liable hereunder for any damages or compensation recoverable under any workmen's compensation or employer's liability statute . 230 (d) In no event shall the Surety be liable for a greater sum than the penalty of this bond , or subject to any suit , action or proceeding thereon that is instituted later than one year after the final settlement of said contract. (e) This bond is given pursuant to the terms of Title 39 , Chapter 1, Section 1 of the Ala . Code (1975), and all the provisions of law with reference to this character of bond as set forth in said section or as may hereinafter be enacted are hereby made a part hereof to the same extent as if set out herein in full . IN WITNESS WHEREOF, the said Contractor has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers on the __ day of _________ , 2023 . Principal By : Title Surety ATTEST : By : Title 231 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 the Renewal of Crad lepoint NetCloud Essentials Subscriptions and Yearly Support for the IT Department; and Subscriptions and Support are on Alabama State Department of Purchasing bid list and therefore does not have to be l et out for bid . The cost not-to- exceed budgeted amount of $15 ,848.00. ADOPTED ON THIS 14TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 232 City of Fa irhope Project Fund ing Request COF Project No. 2343 Issuing Date: ___ 8/_3_/2_0_2_3 __ _ Please return this Routing Sheet to Treasurer by : --~A-'-S"'A'-"-P __ Project Name : APProve Procurement of Renewal of Cradle point NetCloud Essentials SubscrlPtlons and Annual Support Project Locat ion :..:.IT.:.._ ______________________________ _ Resoluti on # : Presented to City Council: ___ 8_/1_4_/2_0_2_3 __ Approved _____ _ Funding Request Sponsor: Jeff Montgomery, Director of Information Technology Changed _____ _ Rejected _____ _ ~ Project Cash Requirement Requested : Cost: $ 15 1848.00 (Not-to-Exceed Annual Amount) Vendor: CDW-G (Vendor #21292) Project Engineer: ~"'~a~-------------------------------------------- Lea d Time : n/a Order Date: ----'-n~/a"------------------ Department Funding This Project General 0 Gas 0 Electric □ WateD Wastewater D Sanitatio n O Department of General Fund Providing the Funding Adm in-10 Fleet-46 0 Bldg -13 0 0 Go lf-5 0 0 Pol ice -15 D Fire-20 D ECD -24 0 Rec-25 0 Go lf Grounds-55 D Mus eum-27 D NonDeptFac-75 D Debt Serv,ce -85 D Project will be· Funding Source: Expe nsed XXX 0 Operat ing Expenses Capitalized D Budgeted Capital Inventoried D Unfunded Expense Code : 001160-50300 GIL Acct Name : Computer Expense Project Budgeted : $ 10,000.00 Balance Sheet Item-D Included in projected cas h flow Bond : Over (Under) budget amount: s 5,848.00 Loan: Approve the procurement of the renewal of Cradlepolnt NetCloud E11entlal1 Subscriptions and yearly support in the not-to◄xceed amount of $15,841.00. This Is I cellular modem through which the City n.ms remote loc1tion1 and devices. Orginally budgeted In FY23 at $10,000, the additional expe nse of ss ,ua.oo can be funded by IT Computer Expense remaining budget ava ilable for FY23. This rtem 11 on th• State of Alabama Divis ion of Purchasing Contract Nu mber MA23000003 woth COW-G • no bid neceuary. Capital Lease : City Council Prior Approval/Date? _______ _ Senior Accountant City Treasurer Purchasing Memo Date : --~8/~2~/2~0~2~3 __ _ Signatures : Cap Project D Civic-26 D Marina•34 D XXX . Impact C Gas Ta x C Street-35 D Meter-19 0 Plan/Zone -12 0 Adult Rec-30 0 0 □ C Federa l -not to exceed amount State City Local T itle T itle Payment Mayor Fed Grant C IT-16 fI. Year Year Term 233 of FA1no. .-0 (.,) t'!\ -::11.,ABA~'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 August2,2023 City Council Approval for Procurement of the Renewal of Cradlepoint NetCloud Essentials Subscriptions The I.T. Director, Jeff Montgomery, requests approval for the procurement of the renewal of Cradlepoint NetCloud Essentials subscriptions and yearly support. This is a cellular modem through which the City runs remote locations and devices . The total quote cost from CDW- G is Fifteen Thousand Eight Hundred Forty-Eight Dollars ($15,848 .00), which includes a reinstatement fee . This procurement is on the State of Alabama Division of Purchasing Contract Number MA23000003 with CDW-G and therefore does not have to be let out to bid . Please compose a Green Sheet and place on the next available City Council Agenda this request to this procurement of the renewal of Cradlepoint NetCloud Essentials Subscriptions for $15,848.00. CC : Jeff Montgomery , Clint Steadham 234 ■PEOPLE WHO Thank you for choosing CDW. We have received your quote. GETIT Hardware Software Services IT Solutions Brands Research Hub QUOTE CONFIRMATION JEFF MONTGOMERY, Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, c lick below to convert your quote to an order. Convert Quote to Order Quote Expiration Date: 9/1/2023 Quote valid for 30 days, subject to OEM price changes. QUOTE# QUOTE DATE QUOTE REFERENCE CUSTOMER# GRAND TOTAL ~ ----------------,__ ----- NMHF920 8/2/2023 NMHF920 5955395 $15,848.00 I QUOTE DETAILS ITEM QTY COW# UNIT PRICE EXT.PRICE Cri!dleizoint tiettl!!I!!! EsHntiillli fQt Mgl;!jle Bgyter11 {Prim1::l -42 11ub11crjpUgn I 4949168 $267.00 $11,214.00 Mfg . Part#: MA3-NCESS-R UNSPSC: 43233204 Electronic d istribution -NO MEDIA Contract : SVAR_AL_L_Alabama NVP Software_MA23000000 3 (CTR060021 _ AL_MA230000003) Cri!!!lgizgint NgtCl!!I!!! IQT l;Hentiilfli -sylm;[iDtjQn licen:!e 5 renewal {3 years 5904231 $106 .00 $530 .00 Mfg. Part#: TB3-NCESS-R Electron ic distri bution -NO MEDIA Contract : SVAR_AL_L_Alabama NVP Software_ MA23 000000 3 (CTR060021 _ AL_MA230000003) tcadlepglnt HetC11111d l;uentials fgr M11bile B1111ters cerimel -5 4949168 $209.00 $1 ,045 .00 sub11criiztion 1 Mfg . Part#: MA3-NCESS -R UNSPSC : 43233204 Electronic distribution -NO MEDIA Co ntract : SVAR_AL_L_Alabama NVP Software_MA230000003 (CTR060021 _ AL_MA230000003) tcadfeiz11int Nettf1111!! l;ntetDtir.e Beane!] l;ssentials e1an -1 6049945 $278 .00 $278 .00 subr.criiztion Ileen Mfg . Part#: BF03 -NCESS-R Electronic d istribution -NO MEDIA Contract : SVAR_AL_L_Alabama NVP Software_ MA230 00000 3 (CTR0600 21 _ AL_MA230000003) tcadleizo int t1ettf1111!! l;sr.entlals fgr M111!ife B1111ters cecimeJ -4949164 r.ubscr jizti11n I . $146.00 $146.00 235 I QUOTE DETAILS (CONT.) Mfg . Part#: MA1-NCESS-R UNSPSC: 43233204 Electron ic distribution -NO MEDIA Contract : SVAR AL L Alabama NVP Software MA230000003 (CTR060021 _ AL_M/1.230000003) - Cradlepoint NetCloud Essentials for Mobile Routers (Prime) - subscription I Mfg . Part#: MA1-NCESS-R UNSPSC : 43233204 Electron ic distribution -NO MEDIA Contract : SVAR_AL_L_Alabama NVP Software_MA230000003 (CTR060021 _ AL_MA230000003) cradlepolnt Netc1oud Essentials tor Mobile Routers (Prime) - subscription I Mfg . Part#: MA1 -NCESS -R UNSPSC : 43233204 Electronic distribution -NO MEDIA Contract : SVAR _AL_L_Alabama NVP Software_MA230000003 (CTR060021 _ AL_MA2 30000003) cradlepoint NetCloud Essentials tor Mobile Routers (Prjme} - subscr i ption 1 Mfg . Part #: MA1-NCESS-R UNSPSC : 43233204 Electron ic distri bution -NO MEDIA Contract : SVAR_AL_L_Alabama NVP Software_MA23 0000003 (CTR060021 _ AL_MA2 30000003) CRADLEPQINT NETCLOUD REINSTATEMENT Mfg . Part#: RENSTMNTFEE Electronic distribution -NO MEDIA Contract : SVAR_AL _L_A labama NVP Software_MA230000003 (CTR060021 _ AL_MA230000003) 2 6 4949164 $129 .00 $258.00 4949164 $124.00 $744.00 4949164 $73.00 $73.00 6536726 $1,560 .00 $1,560 .00 These services are cons idered Th i rd Party Services, and this purchase is subject to CDW's Third Party Cloud Service s Terms and Cond itions, unless you have a written agreement with CDW covering your purchase of products and services, in which case th is purchase is subject to such other written agreement . The th ird-party Service Provider will provide these services d i rectly to you pursuant to the Service Provider's standard terms and conditions or such other terms as agreed upon directly between you and the Service Prov ider. The Service Provider, not CDW, will be responsible to you for delivery and performance of these services . Except as otherwise set forth in the Service Provider's agreement, these services are non-cancellable , and all fees are non-refundable. PURCHASER BILLING INFO BIiiing Address: CITY OF FAIRHOPE ACCTS PAYABLE 555 S SECTION ST PO DRAWER 429 FAIRHOPE , AL 36532-1609 Phone: (251) 928-8003 Payment Terms: Net 30 Days-Govt State/Local SUBTOTAL SHIPPING SALES TAX GRAND TOTAL DELIVER TO Shipping Address: CITY OF FAIRHOPE MAIN WAREHOUSE 555 S SECTION ST FAIRHOPE , AL 36532-1609 Shipping Method: ELECTRONIC DISTRIB UTION $15,848.00 $0.00 $0.00 $15,848.00 ----------------------------------------------------------- Please remit payments to: Page 2 of 3 236 LEASE OPTIONS FMV TOTAL $15,848.00 Sales Contact Info CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Brian Krull I (866) 537-4660 I briakru@cdwq.com FMV LEASE OPTION BO TOTAL $434.08/Month $15,848.00 80 LEASE OPTION $498.90/Month Monthly payment based on 36 month lease. Other terms and options are available . Contact your Account Manager for details. Payment quoted is subject to change . Why finance? • Lower Upfront Costs . Get the products you need without impacting cash flow . Preserve your working capital and ex isting credit line. • Flex ible Payment Terms . 100% financing with no money down, payment deferrals and payment schedules that match your company 's bus i ness cycles . • Pred ictable, Low Monthly Payments . Pay over time. Lease payments are fixed and can be tailored to your budget lev els or revenue streams . , Technology Refresh. Keep current technology with minimal financial impact or risk . Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. • Bund le Costs . You can combine hardware, software, and services into a single transaction and pay for your software lice nse s over t i me! We know your challenges and understand the need for fle xi bility . General Terms and Conditions: Th is quote is not legally binding and is for discussion purposes only . The rates are estimate only and are based on a collection of industry data from numerous sources . All rates and financial quotes are subject to final review, approval, and documentation by our leas in g partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. Need Help? ■ My Account I ■ Support About Us I Privacy Policy I Terms and Cond itions This order is subject to CDW 's Terms and Conditions of Sales and Service Projects at http : //w ww. cd w a. com /content/terms-conditions/prod u ct-sa I es . as px For more information, contact a CDW account manager © 2023 CDW•G LLC, 20 0 N. Milwaukee Avenue, Vernon Hills, IL 60061 I 800 .808.4239 Page 3 of 3 I ■ Call 800.800.4239 237 a F.t\/1, ~ ,-0 ~ d1..,A.BA~'t'-- CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Jeff Montgomery Date: 08/2/24 Department: ---'-IT'------------------------ Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Unde r $5,000 No restrictions Not Required N/A N/A Utilities $5,001 -$10,000 Operational NON -Budgeted Three Treasurer/Mayo r N/A Greater than : Operational NON -Budgeted Three Council Reguired Gen Govt -$5 ,001 Utilities -$10,001 Gen Govt -$5,001-$15,000 Operational Budgeted Three Treasurer N/A Utilities -$10 ,001 -$15,000 Over $15 ,000/$50,000 Operational Budget * State Bid List or Treasurer/Mayor N/A Buying Group Over $15 ,000/$50,000 Operational Budgeted Bids Council Reguired Professiona l Service Over $5,000 Budgeted or Non -Budgeted Mayor Select Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer's approval if they are on the State Bid list or from on approved buying group. Items that are over budget must go to Council for 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. CDW G -SVAR_AL_L..A labama NVP So ftwa r e_MA23 000000 3 $ 15,848 2. Click or tap here to enter te xt. $ ___________ _ 3. Click or tap here to enter te xt. $ ---------------- Check any applicable boxes: □ State Contract D ALDOT [81 Purchasing Group D Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Yearly Support 2. What is the total cost of the item or service? 15848 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: D New D Used D Replacement [81 Annual Request 5. Vendor Name (Lowest Quote): CDWG 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page : www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information . BUDGET INFORMATION 1. Is it budgeted? [81 Yes D No D Emergency Request 2. If budgeted, what is the budgeted amount? 10,000 rest of cost can come out of 001160 -50300 3. Budget code: 001160-50300 LIN~ ~'bO Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda .Cunninqham@FairhopeAL.gov. PUR-004 -082522 238 RESOLUTION NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [ 1] That the City of Fairhope has voted to approve the procurement of the renewal of 27 Annual Subscriptions of CitizenServe Software for the IT Department from Online So luti ons , LLC; and authorizes procurement allowed by the Code of Alabama 1975 , Section 41-16-Sl(a)(l 1). The total amount is $40 ,500 .00. Attest: Lisa A. Hanks, MMC City Clerk Adopted on this 14th day of August , 2023 Jay Robinson , Council President 239 City of Fairhope Project Funding Request COF Project No . 2345 Issuing Date : ___ 8~/~3~/2~0~2_3 __ _ Please return this Rout ing Sheet to Treasurer by : ___ A_S~A~P __ Project Name : Approve the Procurement of the Renewal of Cltlzenserve User SubscrlPtlons Project Location : IT -Various Depts City Wide Resolution # · Presented to City Council : ___ 8_/1_4_/2_0_2_3 __ Approved _____ _ F und ing Request Sponsor: Jeff Montgomery, Director of Information Technology Changed _____ _ Rejected---,--- ProJect Cash Requirement Requested : Cost: $ 401500 .00 Not-to-exceed amount Vendor: Online Solutions, LLC {Vendor #6285) Project Engineer: .,_n:;.la=------------------------------------------ Order Date : ____ n~/~a~--Lead Time: ------------n/a Department Funding This Project General 0 Gas 0 Electric 0 WateD Wastewater D San itation c; Cap Project 0 Impact D Gas Tax 0 Fed Grant C Department of General Fund Providing the Funding Adm•n-10 C Bldg-13 0 Pol ice-15 0 Flre-20 0 ECD -24 D Rec-25 D Civic-26 D Street-35 C Meter-19 C IT-16 C Fleet-46 0 Golf-SO C Golf Grounds-55 D Museum-27 0 NonDeptFac-75 D Debt Service-85 D Marina-34 D Plan/Zone -12 C Adult Rec-30 C Rev-18 0 ProJect will be : Funding Source: Expensed XXX 0 Operating Expenses XXX 0 Capita lized D Budgeted Capital □ Inventoried D Unfunded D Expense Code : 0011ao 10012001001130 -50300 Federal -not to exceed amount GIL Acct Name : Computer Expense {Various DeptsJ State City Loca l Project Budgeted : $ 33 000 .00 Balance Sheet Item-0 Included in projected cash flow Bond : Title Year Over (Under) budget amount: $ 7,500.00 Loan : Title Year Approve the Procurement of 27 User Subscription Citizenserve license, In the annual not-to• exceed amount or $40,500.00. This is the software that provide• onllne submittal and pennittlng for citizens , bu ilders, and developers. Each subscription is $1 ,5 00 .00 annually. Capital Lease : -Payment Term City Council Prior Approval/Date? _______ _ Sen ior Accountant City Treasurer Mayor Purchas ing Memo Date : --~8~/=2/=2~0=2~3 __ Purchasing Memo Date : --~8~/2=/=2~02=3~-- Signatures : 240 of fA1no. ,<i u '('I\ ~lABh~'e Sherry Sulli v an Mayo r Council Members: Kev i n G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A . Han ks, 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 July 25 , 2023 City Council Approval for Procurement of the Renewal of Citizenserve User Subscriptions The I.T. Director, Jeff Montgomery , requests approval for the procurement of the renewal of 27 user subscriptions for the Citizenserve software by Online Solutions , LLC . This software provides online submittal and permitt ing for citizens , builders , and developers . The annual cost per license is One Thousand Five Hundred Dollars ($1 ,500 .00), or a total annual cost of Forty Thousand Five hundred Dollars ($40 ,500 .00). This procurement is exempt from formal bidding per Code of Alabama 1975, Section 41-16- 51 (a) (11) which states : "(a) Competitive bids for entities subject to this article shall not be required for u tility services, the rates for which are fixed by law, regulation, or ordinance, and the competitive bidding requirements of this article shall not apply to: (11) Purchases of computer and word processing hardware when the hardware is the only type that is compatible w ith hardware already owned by the entity and custom software ." Please compose a Green Sheet and place on the next available City Council Agenda this request to this procurement of the renewal of 27 annual subscriptions of Citizenserve software for a total of $40,500.00. CC : Jeff Montgomery , Clint Steadham 241 Onllne-Saluttana.LLC 1101 E. Warner Rd Suite 160 Tempe, I\Z. 85284 US (800)325-9818x703 jim@cltizenserve.com www.citizenserve.com INVOICEI 5168 Bill. TO City of Fairhope ATTN: Erik Cortinas 161 North Section St. Fairhope, AL 36532 DATE 07/06/2023 DESCRIPTION .AnnualBlllng TOTAL DUE $40,500 .00 DUE DATE 07/06/2023 Annual billing for 27 Citizenserve user subscriptions (10/13/2023 -10/12/2024) PO 20231315-00 · BALANCE DUE citi s en erve TERMS ENa.osED Due on receipt OlY RATE AMOUNT 27 1,500.00 40,500 .00 _L ________ _L ___ __._ __ _j $48--588 .. 00 CITY OF FAIRHOPE JUL 1 7 2023 ACCTS PAYABLE onllnesolutlons -1.800 .325.9818 -cltlzenserve I onlinesolutions -1.800.325.9818 -cltizenserve 242 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name : Jeff Montgomery Date: 7 /27 /23 Department: _IT ______________________ _ Expenditure Threshold** Distinctions Quotes Requi red Approval Green Sheet Under $5,000 No restri ctions Not Required N/A N/A Utilities $5,001 -$10,000 Operational NON -Budgeted Three Treasurer/Mayor N/A Greater than : Operational NON -Budgeted Three Council Reguired Gen Govt -$5,001 Util ities -$10,001 Ge n Gov t -$5,001-$15 ,000 Ope rati onal Budgeted Three Treasurer N/A Ut ilities -$10,001 -$15,000 Ove r $15 ,000/$50,000 Operational Budget * State Bid List o r Treasurer/M ayor N/A Buying Group Over $15,00 0/$50,000 Ope rati onal Budgeted Bid s Council Reguired Profe ssional Service Over $5,000 Budgeted or Non-Budgeted Mayo r Select Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Bu dgeted items that meet ar are under budget may be purchased with the Mayar and/or Treasurer's approval if they are on the Stote Bid list or from an approved buying group. Items that are over budget must go to Counci l for 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. Vendor Name 1. Citizenserve 6285 2. Clic k or tap here to enter te xt. QUOTES $ 40,500 $ Vendor Quote 3. Clic k or tap here to enter te xt . $------------- Check any applicable boxes: 0 State Contract D ALDOT D Purchasing Group □ Sole Source (Attach Sole Source Justification) ITEM OR SERV ICE INFORMATION 1. What item or service do you need to purchase? Click or tap here to enter text. 2. What is the total cost of the item or service? 40500 3. How many do you need? Click or tap here to enter te xt . 4. Item or Service Is: D New D Used D Replacement IZI Annual Request 5. Vendor Name (Lowest Quote): Click or tap here t o enter te xt . 6. Vendor Number: Clic k or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information . BUDGET INFORMATION 1. Is it budgeted? IZI Yes D No D Emergency Reque st 2. If budgeted, what is the budgeted amount? 33,000 3. Budget code: 001180, 001200, 001130 -50300 Email completed form with quotes and other supporting documentation to Erin .Wolfe@FairhopeAL.gov and Rhonda .Cunninqham@FairhopeAL.gov. PUR-004 -082522 243 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 a John Meunier Rotopac Screw Compactor that includes the needed parts, plus freight from Templeton and Associates for the Wastewater Treatment Plant with a total quote budgeted not-to- exceed $29 ,765.31. [2] Templeton and Associates is sole source. The equipment is exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51(b)(7). ADOPTED ON THIS 14TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 244 City of Fairhope Project Funding Request COF Project No. 2346 Issuing Date . ___ 8_/_3/_2_02_3 __ _ Please return th is Routing Sheet to Treasurer by : --~A~S:cA'-"-P __ Project Name: Approve the Procurement of a John Meunier Rotopac Screw Comoactor for the WWTP Proj ect Location : Wastewater Treatment Plant Presented to City Council : __ .;:Bc../1=--4::c/2"'0"'2"'3=---- Funding Request Sponsor: Daryl Morefield, Water & Sewer Superintendent Dennis Scott, Sewer Plant Manager Pro ject Cash Requirement Requested : Cost: $ 29,765.31 Not-to•xceed amount Resolution # : Approved _____ _ Changed _____ _ Rejected~~---- Vendor: Templeton & Associates Engineering Sales, Inc. (Vendor #8259) Project Engineer: _n_/a _________________________________________ _ Order Da te: ----"n/'-'a=-----Lead Time: ___ n/_a ________ _ Department Funding This Project General D Gas D Electric D Wale□ Department of General Fund Providing the Funding Ad m•n-1 0 Fleet-46 0 Bldg-13 0 0 Golf-SO 0 Pol ice-15 0 Fire -20 0 Golf Grounds-55 D Museum-27 D Project will be: Expensed XXX 0 Cap italized □ Inventori ed □ Expense Code : 004020-59502 GIL Acct Name: WWTP-S~stem Improvements Wastewater 0 Sa nitation 0 ECD -2 4 0 Rec-25 0 NonDeptFac-75 D Deb t Serv ice-8 5 [' Funding Source; Operating Expenses Budgeted Capital Unfunded Project Budgeted: $ 44,002.30 (Headworks repairs FY23 Remaining Budget) Balance Sheet Item-C Included in projected cash fiow Bond : Over (Under) budget amou nt : $ (14,236.99) Loan : Approve the Procurement of a John Meunier Rotopac Screw Compactor for the Headworks at 'WWTP in the amount of $29,765 .31 . This Is sole source as Templeton & Associates Eng ineering Sales. Inc . is the only authorized supplier of Veolia Water Technologies/John Meunier products in the state of Alabama . Capital Lease : City Council Prior Approval /Date? _______ _ Senior Accountant City Treasurer Purchasing Memo Date : ----'B"'l.:2I:..:2,:Dc:c2"'3 __ Purchasing Memo Date : --~8~/2=/=2~0=23~-- Signatures : Reque~~ -~ Kim eech Cap Project 0 Civic-26 D Manna -34 0 XXX . Impa ct D Gas Tax 0 Street-35 D Meter-19 C Pl an/Zo ne-12 C Adult Re c-30 0 0 C 0 Federal -not to exceed amount State City Loca l Title Titl e Payment Fed Grant C IT-1 6 C Year Year Term 245 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 August 2, 2023 Green Sheet and City Council Approval for the Procurement of a John Meunier Rotopac Screw Compactor for the Wastewater Treatment Plant The Superintendent of WaterM/astewater, Daryl Morefield , and the Wastewater Treatment Plant Manager, Dennis Scott , are requesting approval for the procurement of a John Meunier Rotopac Screw Compactor Model RP-200 for the Wastewater Treatment Plant. The John Meunier compactor is built by Veolia Water Technologies . This is the only compactor that will work with the current equipment at the Wastewater Treatment Plant. Termpleton & Associates Engineering Sales , Inc. is the only authorized supplier of Veolia Water Technologies/John Meunier products in the state of Alabama . The attached quote from Templeton & Associates Engineering Sales , Inc . includes the needed parts and materials , plus freight for the Rotopac Screw Compactor. The total budgeted cost is Twenty-Nine Thousand Seven Hundred Sixty-Five Dollars and Thirty-One Cents ($29 ,765 .31). The equipment is 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 x es 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 a John Meunier Rotopac Screw Compactor for the Wastewater Treatment Plant for $29,765.31. CC file , Dennis Scott , Daryl Morefield , Clint Steadham 246 DATE: TO: TEMPLETON l& ASSOCIATES E~GISEERl~G SALE,, INC QUOTATION 07/16/2023 MR. DENNIS SCOTT -PLANT MANAGER CITY OF FAIRHOPE EQUIPMENT: ROTOPAC SCREW COMPACTOR MODEL: RP-200 MANUFACTURER: JOHN MEUNIER In accordance with your request and the terms and conditions contained herein, Templeton & Associates Engineering Sales is pleased quote the following: .. .. ITEM PART DESCRIPTION QUANT. UNIT TOTAL NUMBER PRICE Rotopac Compactor/Washer RPW200-48" Mild 1 FASPRP338275 Steel Painted Complete Bearing Housing & 1 $23,546 .67 $23,546.67 Auger Assembly 2 FASPRP200370 Rotopac Compactor/Washer Bearing Housing 1 $2,424.47 $2,424.47 Reducer Shaft 3 FXKSYV300165 Rotopac Compactor/Washer Beari ng Housing 1 $21.33 $21.33 Reducer Key 4 TOLUGU200561 EP NLGI 400GR Multi Purpose Grease 2 $14.55 $29.09 5 R080SALFREIGHT Freight Charges to Fairhope, AL (8 -10 Weeks 1 $3,743.75 $3,743 .75 Lead Time) TOTAL: $29,765.31 NOTES: Wiring , Installation , and any items not specifically listed in our quote is by others . Startup up is not included 247 TERMS AND CONDITIONS 1. FOB shipping point , freight included. 2. Anchor Bolts/Anchor bolt design not inc luded 3. Only those items of equipment specifically men ti oned above are included in th is proposal. 4 . No taxes are included in the quoted price . 5 . Price quoted will remain firm for a period of 30 days from date of proposal. 6. Damages are limited to the value of t he order . 7 . This proposal is subject to the Manufacturer's standard warranty clauses and Terms and Conditions for spare parts (3 months from time of delivery) 8. The price provided is based on Templeton and Assoc iates Engineering Sales existing insurance policy limits . Any additional insurance requirements required by the purchaser will be added to the price at cost. An order may be placed for the equipment covered in this proposal by signing in the space provided below and returning one signed copy , or by issuing your purchase order to : Templeton & Associates Engineering Sales , Inc 4324 Brogdon Exchange Suwanee, GA 30024 and indicating on your order that it is an acceptance of th is proposal. Submitted By : TEMPLETON & ASSOCIATES ENGINEERING SALES , INC . Accepted By : Signature Printed Name with Title Company Date: 248 G)veOUA City of Saint-Laurent. June 12 -2023 To whom it may concern Subject: VWTC/John Meunier headworks products distribution Dear Madam, Sir, As specialists in potable water, process water, wastewater treatment and storm water management, Veolia Water Technologies Canada Inc. has been serving North American municipalities and industries since 1948. With a wide range of technologies, we design, manufacture and service wastewater treatment plants , offering complete solutions with a wide range of highly efficient products and solutions . Please be advised that Templeton & Associates Engineering Sales Inc. is our authorized sole sourced distributor for all our VWTC/John Meunier products consisting of screening, compacting , grit removal, storm water equipment and repair parts in the State of Alabama . Thank you very much for your interest in Veolia Water Technologies Canada Inc . If you have any further questions , please contact Templeton & Associates Engineering Sales Inc. Mr. Rob Coleman, PE Templeton & Associates Engineering Sales Inc. P : (205) 821-2511 Sincerely, Conrad Lafleur Application Support -Internal Sales (Parts and Services) WATER TECHNOLOGIES Office : 514-334-7230 #3309 / Fax : 514-334-7519 41 05 Sartelon Saint-Laurent, QC Canada H4S 2B3 conrad .lafl eur@veolia .com ISO 9001 : 2015 www .veoliawatertechnologies .ca / www .veoliawaterstna .com Resourcing the world (i) VEOLIA 70 ans de presence au ..,anada / 70 years in Canada 249 Name: Dennis Scott CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Date: 7/31/2023 Department: Water And Wastewater Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Under $5,000 No restrictions Not Required N/A N/A Utilities $5,001-$10,000 Operational NON -Budgeted Three Treasurer/Mayor N/A Greater than : Operational NON-Budgeted Three Council Regulred Gen Govt -$5,001 Utilities -$10,001 Gen Govt -$5,001-$15,000 Operational Budgeted Three Treasurer N/A Utilities -$10 001-$15,000 Over $15,000/$50,000 Operational Budget• State Bid List or Treasurer/Mayor N/A Buying Group Over $15,000/$50,000 Operational Budgeted Bids Council R~gylred Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council R~gulred · Resolution N/A N/A Reguired N/A N/A B~gyir~d Regylred •Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer's approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution . 0 E,cpendlture 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. Templeton And Associates QUOTES Vendor Quote $ $29,765.31 Sole Source 2. Click or tap here to enter text. $ ------------- 3. Clic k or tap here to enter t ext. $ ---------------- Check any applicable boxes: D State Contract □ ALDOT □ Purchasing Group IZl Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Compactor fo aciworks Clkk or tap here to enter text. 2. What is the total cost of the item or service? $29,765.31 Click or tap here to enter text. 3. How many do you need? 1 Click or tap here to enter text. 4. Item or Service Is: IZl New □ Used □ Replacement □ Annual Request s. Vendor Name (Lowest Quote): $29,765.31 Sole Source Click or tap here t o ente r text. 6. Vendor Number: 8259 If you do not have a Vendor Number, please go to the City of Fairhope page: www. FairhopeAL.qov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is It budgeted? [gj Yes □ No □ Emergency Request 2. If budgeted, what is the budgeted amount?$ 29,765 .31 Click or tap here to enter text. 3. Budget code: Cl ick or tap here to enter t ext. Email completed form with quotes and other supporting documentation to Erin. Woffe@FairhopeALqov and Rhonda.Cunn inqham@FairhopeALqov. PUR-004 • 082522 250 RESOLUTION NO. __ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [l] That the City of Fairhope approves the procurement of 476 Media -Pink 20 D Aluminum Clips for the Parkson Fuzzy Filter from Parkson Corporation for the Wastewater Treatment Plant with a total quote budgeted not-to-exceed $19 ,992 .00. [2] Parkson Brand Fuzzy Filter Equipment is sole source and exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51 (b )(7). ADOPTED ON THIS 14TH DAY OF AUGUST , 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson , Council President 251 Ci ty of Fairhope Project Fund ing Request COF Project No. 2342 Issu ing Date : ___ 8::c/c.::3:..c/2'-'0c.::2ccc3 __ _ Please return th is Routing Sheet to Treasurer by : ___ A_S_A_P __ _ Project Name : Aoorove Procurement of Media for the Parks on Fuzzy Filter at WWTP Project Location : WWTP -300 North Church Street Presented to City Council: --~8~/1~4'-'/2'-'0"'2"'3 __ Funding Request Sponsor : Daryl Morefield , Water & Sewer Superintendent Dennis Scott, Sewer Plant Manager Project Cash Requirement Requested : Cost: $ 191992.00 (Not-to-Exceed An nual Amount) Vendor: Parkson Corporation (Vendor #6936) Resolution # : Ap proved _____ _ Changed _____ _ Rejected_-___ __,·.-""·_--· _,,,._,. Project Engineer: -'-n"'/a=------------------------------------------ Order Date: ____ n_/_a __ _ Lead Time : --~n/~a'-_______ _ Department Funding This Project General 0 Gas 0 Electric D Wate D Department of General Fund Providing the Funding Adm•n -10 Fleet-46 0 Bldg-13 0 0 Go lf-SO C ProJect will be Expensed Capitalized Inventoried Pohce-1S O Fire-20 D Golf Grounds-SS D Museum-27 0 XXX 0 C Expense Code : 004020-59502 GIL Acct Name : S;i'.Stem Improvement -WWTP Project Budgeted : $ 20,000.00 Ba lance Sheet Item-[: Included in projected cash flow Over (Und er) budget amount: $ (8 .00) Wastewater Q Sanitatio n D ECD -24 0 Rec-25 0 NonD eptFa c-7S O Debt Service-BS C Fund ing So urce : Operating Expense s Budgeted Capital Unfunded Bond : Loan : Approve the procurement of media for the Parkson Fuzzy FIiter Equipment which ii cole~ sourced through Parkson Corporation as the onl y authorized provider of such media. Capital Lease: City Council Pr ior Approval/Dat e? _______ _ Senior Accountant CIW Treasurer Purchas ing Memo Date : ___ 8=/=2/=2~0=2~3 __ Purchasing Memo Date : __ __,8~/2=/=2~0=23~-- Re ~oved Da te : 8/4 /2023 ¾M,fuiA Kl ech V Cap Project 0 Civic-26 D Marina-34 0 XXX . Impact O Gas Ta x C Street-35 Q Meter-19 C Plan/Zone-12 G Adult Rec-30 0 C 0 C Federa l -not to exceed amount State City Loca l Tille Tille Payment Fed Grant C IT-16 C Yea r Yea r Term 252 of FA1no. :'-. .-0 t.J t1\ dt,I\BA~'e 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 August 2 , 2023 Green Sheet and City Council Approval for the Procurement of Media for the Parkson Fuzzy Filter at the Wastewater Treatment Plant The Superintendent of Water/Wastewater, Daryl Morefield , and the Wastewater Treatment Plant Manager, Dennis Scott , are requesting approval for the procurement of 476 Media - Pink 20 D Aluminum Clips for the Parkson Fuzzy Filter at the Wastewater Treatment Plant. Parkson Brand Fuzzy Filter Media is the only media that can be used with the Parkson Fuzzy Filter Equipment. Parkson is the only authorized provider of the Fuzzy Filter media . The attached quotation from Parkson is for 476 Media -Pink 20 D Aluminum Clips . The total budgeted cost is Nineteen Thousand Nine Hundred Ninety-Two Dollars ($19,992 .00). The equipment is 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." Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement of Media for the Parkson Fuzzy Filter at the Wastewater Treatment Plant for $19,992.00. CC file , Dennis Scott , Daryl Morefield , Clint Steadham 253 n July 31, 2023 Mr. Dennis Scott Fairhope WNTP 555 Section Street Fairhope, AL 36532 ) Subject: Fairhope, AL -Fuzzy Filter Media -Sole Source Dear Dennis : 10 0 Schrei b er Dnv . Trussvil e . AL 517 P h o n e 205.655 74 M Fax 205 .655 76M This is to inform you that Parkson is the sole source in the United States for the Fuzzy Filter media for the Fuzzy Filter equipment. Parkson designs, manufactures , and services the equipment. There are no othe r dealers , distributors, or service organizations that offer the equipment. Please let me know if you need any additional information or if you have any questions . Sincerely, Parkson Corporation ~~ Brad Draper Field Service Manager BD/rg Fo rt Lauderda le I Chica g o I Kan1,a ~ City I D env r I Birmingham tec h n o l gy@parkso n .com parkson.com 254 r', Parlcs n Aftermarket Care -Quotation • 1 1401 W. Cypress Creek Rd . -Suite 100, Fort Lauderdale, FL :13309-HEADQUARTERS 562 Bunker Court, Vernon Hills, IL 60061 lOOSchrelbu Dr ., Truss.ville, AL 35173 1-888-Parkson •The Quotation is submitted pursuant to Parlcson Corporation Aftermarket Terms and Conditions, Which are embed<led below Quote Name Quote Number Prepared By Email Bill To Name Project# Freight 23002003 Line Items Fairhope AL 1013 BWD 7-31-23 00035345 Bradley Draper bdraper@parkson.com Fairhope, AL 1013 Prepay and Add Media -Pink 20 D Aluminum Cl ip (4222) Please complete Information below: Created Date Expiration Date Contact Name Phone Email Ship To Name Payment Terms Estimated Delivery FOB : Subtotal Total Price 7/31/2023 8/31/2023 Stenson Biggs (251) 928,.7867 stenson@jimhouse.com Fairhope, AL Net 30 12 -14 Weeks . Shipping Point 476 .00 $19 ,992.00 $19 ,992 .00 $42.00 $19,992.00 BILL TO Name: ---"e'--', .... t➔~-----~ .... F_..a.h .... a,..=='"~l=oz..ipF---e~- Address : _f--=C>_'i3-..o""--&:}f,__4_2___.'j _____ _ City, State, Zip: £a. t If h <> LJ,e, A/ J& S 3 3 I SHIP TO Name : Cd, fy t[C /~4,,V"h O,IJ-f Address : S/£S: 6«,/-A .j.,r/2 611,,. SY- City, State, Zip: E'a..1s4ylv U 8~63'.Z PO#:. ________ _ SHIP TO Attn of: "J}J£ IIH'I/$ 2?Ptf: Bill to -Email : _______________ _ Phone: ZS/-'771) -0/'3'7 Quote Acceptance Information Signature Name TIiie Date All amounts expressed in US Dollars 255 Name: Dennis Scott CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Date: 8/2/2023 Department: Water and Wastewater Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Under $5 ,000 No restrictions Not Required N/A N/A Utilities $5 ,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A Greater than : Operational NON-Budgeted Three Council B~guired Gen Govt -$5,001 Utilities -$10,001 Gen Govt -$5 ,001-$15,000 Ope r ational Budgeted Three Treasurer N/A Utilities -$10,001 -$15,000 Over $15 ,000/$50,000 Operational Budget• State Bid List or Treasurer/Mayo r N/A Buviniz Grouo Over $15 ,000/$50,000 Operational Budgeted Bids Council Regulr~r;! Profess ional Service Over $5 ,000 Budgeted or Non -Budgeted Mayor Select Council R~gulrer;! Resolution N/A N/A Regulred N/A N/A R~gylred R~gylr~r;! *Budgeted items that meet or are under budget may be purchased with the Mayo r and/or Treasu rer's approval if they are on the State Bid list or from an approved buying group . Items that are over budget must go to Council for approval and wifl require a green sheet and re solution . .. 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. Parkson QUOTES Vendor Quote $ $19,992.00 2. Clic k or ta p here to ente r t ext. $ ------------- 3. Clic k o r t ap here t o en ter text. $ ____________ _ Check any applicable boxes: □ State Cont ract D ALDOT D Pu rchasing Group 181 Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Fuzzy Filter Media Click or tap here to enter text. 2. What is the total cost of the item or service? $19,992.00 Click or tap here to enter text. 3. How many do you need? 476 pounds Clic k o r t ap he re t o enter text. 4. Item or Service Is: 181 New D Used D Replacement D Annual Request S. Vendor Name (Lowest Quote): Parkson 6 . Vendor Number: 6936 Clic k or tap he re t o e nter t ext. If you do not have a Vendor Number, please go to the City of Fa irhope page : www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required Information. BUDGET INFORMATION 1. Is it budgeted? IZl Yes D No D Emergency Request 2. If budgeted, what is the budgeted amount? $19992.00 Click or tap here to enter text. 3. Budget code : 004020-59502 Email completed form with quotes and other su pporting documenta t ion to Erin. Wolfe@FairhopeALgov a nd Rhonda.Cunninqham@FairhopeAL.gov. PUR·OD4 • 082522 256 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 a Maintenance Support Plan for the Hewlett Packard Plotter with a three-year agreement to include parts , labor , consumables , plus 1,500 sq. ft. of line drawings color/black per quarter for a not-to-exceed amount of $2 ,336.28 , annual cost $778 .76 ; and authorizes Mayor Sherry Sullivan to execute agreement. [2] The Maintenance Plan wi ll be purchased via the Purchasing Cooperative NASPO Cooperative Contract (#140596-AL02) through HP , Inc. and DEX Imaging will facilitate support. ADOPTED ON THIS 14TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Ja y Robinson , Council Pre sident 257 City of Fairhope Project Funding Request COF Project No . 2348 Issuing Date : ___ 8~/~3/~2_02~3~--Please return this Routing Sheet to Treasurer by; ---'A-'S=-A'-"-P __ Project Name : Aoorove the Procurement of Maintenance Suooort Plan for Hewlett Packard Plotter Project Location : IT . Various Depts In City Resolution # : Presented to City Council : ___ 8_/1~4_/2~0_2_3 __ Approved _____ _ Funding Request Sponsor: Jeff Montgomery, Director of Information Technology Changed _____ _ Rejected _____ _ ,, Project Cash Requirement Requested : Cost: -'-$ ___ ..cc2,~3-'3-'6-'.2c.8~Not to e xceed t$778 .76 annually) Vendor: HP Inc. (Vendor #8 051) Project Engineer:.cn.::./a=--------------------------------------------- Order Date : ____ n_/a ___ _ Lead Time : ---'-n""/a=---------- Department Funding This Project Gene,../ 0 Gas [J Electric 0 WateO Wastewater 0 San itation 0 Cap Project O Impact 0 Gas Tax 0 Fed Grant G Department of General Fund Providing the Fund i ng Adm ,n-1 0 0 Bldg-13 0 Po li ce-15 0 Fire-20 0 ECD-24 □ Rec-25 0 Civic-26 D Street-35 C Meter-19 C IT-16 C Fleet-46 C Go lf-SO 0 Go lf Grounds -55 □ Museum -27 0 NonOept Fa c-75 0 Debt Se rv ,ce-85 [j Manna-34 0 Plan/Zone -12 C Ad ult Rec-30 □ Project will be : Funding Source : Expe nsed XXX 0 Operating Expenses XXX 0 Capitalized C Budgeted Capital □ Inventori ed □ Unfunded 0 Expense Code: 001130-50325 Federal• not to exceed amount GIL Acct Name: Prlnters/Copers/OE and Supplies State City Local Project Budgeted : $ Balance Sheet Item-□ Inc luded in projected cas h flow Bond : Title Year Over (Unde r) budget amount: $ 2 336 .28 Loan : Title Year Approve the procurement of the maintenance support plan for t he Hewlett Packa rd Plotter which was approved for le ase in March 2023. The maintenance support pJan is $778.76 annually and Is a three.year agreement which includes part ■, labor, consumables plus 1,S00 aq. ft. of line drawings color/black per quarter. This maintenance plan will be purchased via the purchas ing coope rative NASPO Cooperative Contract (IU0596•Al02) through HP, Inc. and Dex Imaging will fac ilitate the support. Authorize Mayor to execute mainteunce support Capital Lease : Payment Term agreement. City Council Prior Approval/Date? 03/13/23 Meeting. Approved Lease Agreement for HP Plotter Sen ior Accountant City Treasurer Mayor Pu rchasing Memo Date : --~8~/=2/"'2~0=2=3 __ Purchasing Memo Date : ___ 8_/2~/~2_0~23 __ _ Delivered To Date: --'8~/-"4/"'2"'0-"2"-3 __ ~ Mayor Sherry Sull ivan 258 ~~ tJ t1\ r$lAaA.'m~ 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 (fl www.fairhopeal.gov MEMO To: From : Date : Re : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer Erin Wolfe , Purchasing Manager August2 ,2023 City Council Approval for Procurement of the maintenance support plan for the Hewlett Packard Plotter The I.T . Director, Jeff Montgomery, requests approval for the procurement of the maintenance support plan for the Hewlett Packard Plotter that was approved to lease in March 2023 . Dex Imaging is providing the leased plotter and the maintenance support for the plotter. The maintenance support will be One Hundred Ninety-Four Dollars and Sixty- Nine Cents ($194.69) per quarter, or Seven Hundred Seventy Eight Dollars and Seventy- Six Cents ($778 . 76) per year for the three year lease , and will include parts, labor, consumables (inks, print heads and maintenance cartridges , plus 1,500 sq . ft. of line drawings color/black per quarter. This will be purchased through the purchasing cooperative NASPO Cooperative Contract (Contract #140596-AL02) w~h HP , Inc . 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 for the procurement of the maintenance support plan for the Hewlett Packard Plotter for $778.76 annually. CC : Jeff Montgomery , Clint Steadham 259 • • ,mag,ng HP DesignJet T2600 Multifunction Printer series ENGINEERED FOR COLLABORATION-Tum your work.groups into highly efficient teams A Revised Proposal for: SEAMLESS EXPERIENCE-Oesigned for all • Rad l:allv si mpl e e:-pe1 ience ·11th 3 I S.6 -· ct, 11 ,ti?! ;;,c~ :,n-i ti le €,n:,y PDF [1 1 r · .-. , w 1tl, HP Clic k • El ,,i,;ge 1 , a cc -:it ,); ,tiv'? .. ,, nk$\y [e ••Ith te An ,:, bv ~u ickly al,ess,ng sh3 •eJ fo ld,;,, s to pr r! an d • En pu •11!1 }'')u, •-.·,Jrk o, Cte. E:.~1lv p1 , • i'I ,J s h;,, e jo )s fr cm tn-:-cl ud \',itr \,ou r mob i : dev 1e e aro '-IP Srr ,a 1 t '1 µ;-t. • Fil :, In yl,UI '"0 1' pl':\,.e .•j . >= m-:~t .;:1 ,111 [,1 ., >f 1,._1 All I r,, ~ ii n 1 ,1 11.,,t"!5t Of ~11t1,,n. , .. -h 1~• I" 97 '1\ l~~ noi ,e. UNLEASH PERFORMANCE-To tum design Into delivery • Sh01:c a;;;, deslg'l ve 1 B lilll y -,m pr en se !'le .:hafts l( bnltliy co'..:i •f!rl ~[I 1end l!1~. wr l 1 HP 81 ight Off ,ce Inks. • P•o\11 ,11,; ne l·1Jb est;:1,:u a y~11rt,1s pl ay tl 0e fine ;t deiails ~•Ith th e uni que Adobe DF ~•re E1 1gh1 ,;,. • MH!l a~-ll'l'=~ •" rr, Sl)l!Hb 10 to I RO [1 /1 I, tt ,.:; in dust11e; onl y inleJ ated s'.<•:ke' • arc du al rof i j. • E3s ly u1g11 12i; y,, 1 p1, _'c'Cts · 1l1· a ur..,wate 1 ~,~·1r>1,g, nc .?1 -ce11r I 1,L11c l ;et s. :1-i,1;, . .0;1- ejitl'lfl :ap:;b ·l ie;;. Pricing Valid Through August 15th , 2023 Matt Brown , 406 .203.8330 Regional Wide Format Specialist SECURE-World's most serure large-format printer • Be st of c!.;sc net• l·)f ;, ote :t iJ n \,1ll' fe;1 re ; lik,:, HP 5er.1 11 t! Bv ,t "'' .. 11,11<,-1 .5 t11 g • lo trol •Jho acces;;,;;s t he prin t er arid t :; w 11f l1eI ,t i;, ,:toc ,1r·,~, · l',ltl· ,~c1i11c> 1J~e1 au 'lff'.icalion featu '?5 • '"'"'f1 v11u1 fl.,.er ~.erun" 111 tl ' H;:i le•/1 ,j v 11!"1,J i; S _,:u1 ty 1t;,n 3c,e 1. DEX imaging 260 - -. ,mag,ng HP DesignJet T2600 Multifunct io n Printer series 1 New HP DesignJet T2600sr 36" Print/Copy/Scan Up to 3 Pages Per Minute 15.6" Monitor Single Roll Design w/Embedded 36" Scanner Up to 300 ' x 36" rolls 1 Roll of 36 "x 300 ' Paper 6 Colors for Advanced Color Matching Print and Collaboration Software Included PS Print Drivers HP Click Print Submission Tool Top Stacking up to 100 sheets Delivery, Installation , & Initial Networking State & Local -NASPO-Contract Price 36 Mo FMV Lease: $ 324.19 Service Agreement: $ 194.69 / Per Quarter Includes: 1,500 Sq. Ft. of Line Drawings Color/Black Per Quarter All inclusive service contract includes all Parts, Labor, Consumables (Inks , Print Heads & Maintenance Cartridges). Does not include Paper. Service Billed Quarterly Included Quarter! 1,500 Black & White and Color at the Same Fixed Cost Qrtly Base $194.69 Line Drawings Black/Color $0 .1283 Low Densit $0.3536 High Densit $0.5807 Pixel Density (non-white pixels) Less than 1 0% Between 10% and 50 % More than 50% Matt Brown *Regional Wide Format Specialist* 406 .203 .8330 DEX imaging 261 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name : Jeff Montgomery Date: 08/02/23 Department : ___:_IT:__ _____________________ _ Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Under $5,000 No restrictions Not Required N/A N/A Utilities $5 ,001 -$10,000 Operational NON -Budgeted Three Treasurer /Mayo r N/A Greater than : Operational NON -Budgeted Three Council Reguired Gen Govt -$5 ,001 Utilities -$10,001 Gen Govt -$5 ,001-$15,000 Operational Budgeted Three Treasurer N/A Utilities -$10 ,001 -$15 ,000 Over $15 ,000/$50,000 Operational Budget* State Bid List or Treasurer/Mayor N/A Buy ing Group Over $15,000/$50,000 Operational Budgeted Bids Council Reguired Professional Service Over $5 ,000 Budgeted or Non-B udgeted Mayo r Select Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Budgeted items that meet or are under budget may be purchased with the Ma yor and/or Treasure r's approval if they are on the State Bid list or f rom an approved buyi ng group. Item s that are aver budget must go to Council for approval and wi/1 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. DEX Support on Plotter -Council approval to sign paperwork $ 780.00 2 . Cli ck o r ta p here to e nter te xt. $ ____________ _ 3. Cli c k or ta p here t o enter te xt . $ ____________ _ Check any applicable boxes : □ State Contract □ ALDOT □ Purchasing Group □ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Plotter 2 . What is the total cost of the item or service? 780 .00 3. How many do you need? Click o r t ap here to enter t ex t . 4 . Item or Service Is: □ New □ Used □ Replacement □ Annual Request 5. Vendor Name (Lowest Quote): DEX 6. Vendor Number: Click or tap here t o enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information . BUDGET INFORMATION 1. Is it budgeted? □ Yes 1:8:J No □ Emergency Request 2. If budgeted, what is the budgeted amount? Will add to 24 budget. 3. Budget code: 003, 002 , 004010, 004020, 001130, 001350 50325 Email completed form with quotes and other supporting documentation to Erin. Wolfe@FairhopeAl.gov and Rhonda .Cunninqham@FairhopeAl.gov. PUR-004 -082522 262 Company Information City of Fairhope Bill To Address City of Fairhope 161 North Section Street Fairhope , AL 36532 Contacts Dex Imaging Sales Representative Name : Jon Cline Phone : (251 ) 380-3200 Email : jon.cline@deximaging .com A/P Billing Contact Name : Jeff Montgomery Phone : 251-928-2136 Fax: Email : jeff.montgomery@fairhopeal.gov 263 DEX imaging SALES ORDER/ SERVICE AGREEMENT EQUIPMENT DELIVERY LOCATION City of Fairhope 161 North Section Street Fairhope , AL 36532 EQUIPMENT Delivery Contact: Jeff Montgomery Phone : 251-928-2136 Email : jeff.montgomery@fairhopeal.gO\ Wide Format Service Contract Quarterly Base SQ FT Included Mono Lines Color Lines Low Density High Density $ 194.69 1,500 $ 0.1283 $0.1283 $ 0.3536 $ 0.5807 Pixel Density Mono/Color Lines Less than 10% Less than 10% 11 -50% Greater than 50% Included: Parts, labor & supplies. Make Model Serial ID# Qty HP DesignJet T2600SR 1 Ace: Ace : Ace: Ace: Ace: Ace: Ace: Ace: Ace: Ace: Ace : Special Instructions: t in;\!815 ---- 264 EQUIPMENT SERVICE AGREEMENT TERMS AND CONDITION SCOPE OF COVERAGE This Agreement covers both labor and materia l for adjustments, repairs, and replacement of parts as necessitated by normal use of the equipment exce pt for normal key operator responsibilities and others as herein provided . Damage to the equ ipment and/or its parts arising from misuse, abuse, negligence, or causes beyond DEX IMAGING' control (including acts of God or natural disasters) is not covered . In addition, DEX IMAGING may terminate this Agreement if the equipment is modified, damaged, altered, or serviced by personnel other than those employed or authorized by DEX IMAGING, or if parts, accessories, or components not authorized by DEX IMAGING are fitted to the equipment. 1. BUSINESS HOURS FOR SERVICE Maintenance services shall be provided hereunder only during DEX IMAGI NG 's normal business hours, which shall consis t of 8:00 AM to 5:00 PM, Monday through Friday, exclusive of DEX IMAGING holidays and subject to change by DEX IMAGING. 2 . EXTENT OF LABOR SERVICES , REPAIR, AND REPLACEMENT PARTS Labor performed during a service call includes lubrication and clean ing of the equipment and the adjustments, repair, or replacement of parts. All parts necessary to the normal ope ration of the equipment will be furnished free of charge . If the equipment is interfaced to a computer or computer network, this Agreement covers only the labor, parts, software, and updates that are provided by the equ ipment manufacturer wh ich are necessary to interface the connected product. Accessories , Media, and/or Software not sold in conjunction with the connected product are not covered under this agreement. In some instances, computer support can be offered on a per call basis . 3. TERM This Agreement shall become effective upon rece ipt and acceptance by DEX IMAGING and shall continue congruent to lea se terms. It shall be automatically renewed for successive one-year periods. AUTOMATIC RENEWAL-This Agreement is subject to annual increase dur ing the initial term and shall be automatically renewed upon the expiration of the initia l term for successive renewal terms. In no case will the renewal or annual increase exceed a 12% price increase over the prior period. TERMINATION -The Initial Term of this Agreement shall be as set forth above. In the event that DEX IMAGING terminates this Agreement due to uncured Customer breach , or If the Customer elects to terminate Maintenance prior to the expiration of the Initial Term, or any subsequent Renewa l Term, without cause, Customer will be responsible for the payment of early termination charges which shall be calculated as the average of the three {3) most recent billing per iods, total billing multiplied by the number of months remaining in the unexpired Initial Term or Renewal Term . CUSTOMER METER READING AND REPORTING OBLIGATIONS -Customer agrees to provide DEX IMAGING with accurate and timely meter readings at the end of each applicable billing period through the use of Monitoring Software during the Initial Term and all subsequent Renewal Terms. If Customer does not allow the use of Monitoring Software, then Customer is responsible for the manual reporting of meters on a timely basis . 4 . WIDE FORMAT CONTRACT TYPES Labor Only -Parts, Supplies, and Service Maintenance kits at a charge. Labor costs are covered . Time & Materials-Excluding consumables. Contractual-Billinc by pixel density categories. Includes all parts, labor, ink, with media optional. 5. CHARGES The charge for maintenance under this Agreement shall be the amount set forth on the reverse side hereof. The charge with respect to any 12-month Renewal Term will be the charge in effect at the time of renewal. Customer agrees to pay the total of all charges for maintenance during the Term and any Renewal Term within fifteen (15) days of the date of invoice date for such charges . BIiiing is based on square footage used according to the Pixel coverage category . 6. CUSTOMER CHANGES DEX IMAGING also reserves the right to terminate this Agreement in the event that it shall determine tnat such changes, alterations, or attachments make it impractical for DEX IMAGING to contin ue to service the Equipment. Customer must advise DEX IMAGING of any equipment movements not performed by DEX IMAGING via the portal at www.deximaging.com. This can be completed by selecting machine movement found within the service dropdown located on the site. 7. POWER REQUIREMENTS Equipment under this Agreement must have a DEX IMAGING approved surge protector/power filter. Customer agrees to provide the power recommended by the equipment manufacturer. Customer understands that service or parts required as a result of improper powe r, telephone lines, or computer cabling not supplied by DEX IMAGING or an authorized agent of DE X IMAGING may not be covered under tMs Agreement. 8. WAIVER OF JURY TRIAL CUSTOMER HEREBY EXPRESSLY WAIVES TRIAL BY JURY AS TO ANY AND ALL ISSUES ARISING OUT OF, OR IN ANY WAY RELATED TO THIS EQUIPMENT ORDER . 9. BREACH OR DEFAULT If the Customer does not pay all charges for maintenance, parts, or supplies as provided hereunder, promptly when due: (1) DEX IMAGING may (a) refuse to service the equipment, (b) furnish service on a C.O.D . "per call " basis at published rates, or invoice the Customer for early term ination charges in accordance with the termination paragraph, and (21 the Customer agrees to pay DEX IMAGING cost and expense of collecting including the maximum attorney's fees permitted by law. If the equipment is moved to a new service zone, DEX IMAGING shall have the option to charge, and the Customer agrees to pay, the difference in published maintenance charges between current zone and new zone, assessed on a pro rata basis . If equipment is moved beyond DEX IMAGING' service zone, Customer agrees to pay a fair and reasonable up charge for continued service under this Agreement, considering the distance to Customer's new location and DEX IMAGING published rates for service on a 'per call" basis . If Customer uses supplies other than DEX IMAGING ' supplies, and such supplies are determ ined to be defective or not acceptable by DEX IMAGING and/or cause abnormally frequent service calls or service problems, then DE X IMAGING may, at its option, terminate this Agreement. In that event, Customer may be offered service on a "per cal r basis at published rates . It is not a condition of this Agreement, however, that the Customer uses only DEX IMAGING supplied materials. 10. NO WARRANTY Other than the obligations set forth herein, DEX IMAGING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE . DEX IMAGING SHALL NOT BE RESPONSIBLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING OlJT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF THE EQUIPMENT. 11. CONSUMABLES Toner/ink cartridges will be shipped via electronic alerts generated by DEX IMAGING Monitoring Software. Manual orders can be placed for any units that do not report to the software. DEX IMAGING reserves the right to bill for premature ink cartridge removal. .00085 has been added to the square foot rates shown on the front of this agreement in lieu of freight. In a cost per square foot contract, all unused consumable items remain the property of DEX IMAG ING . At contract termination, all unused consumable items, toner/Ink cartridges, prlntheads, developer, drums, maintenance kits, etc. must be promptly returned to DEX IMAGING . 12. MISCELLANEOUS This Agreement shall be governed by and construed according to the laws of the State of Florida and is applicable to agreements wholly negotiated, executed, and performed in the State . It constitutes the entire Agreement between the parties and may not be modified except in writing, signed by duly authorized officers of DEX IMAGING . 265 DEX imaging SPECIAL INSTRUCTIONS DEX Sales Associate : Jon Cline Signatu re: Name/ Title : Date : Customer's Authorized Representative Avthorized Signatv re Approvals APPROVALS I have read and agree to all terms and conditions contained in the document. DEX Imaging LLC Regional Service Di rector Name : Date : DEX Wide Forma t Speciali st Matt Brown Name : August2 ,2023 Date : 266 MASTER AGREEMENT imaging AGREEME NT NO .: CUSTOMER ( YOU OR "YOUR') FULL LEG AL NAM E: City of Fairhope FEDER AL TAX 10 #: 63-6001254 ADDRESS : 161 North Section Street Fairhope AL 36532 EQUIPMENT AND PAYMENT TERMS TYPE , MAKE. MOD EL NUMB ER , SER IAL NUMBER, AND INCL UDE D ACCESS ORIES SEE A TT ACH ED SCHEDU LE 1 Hewlett-Packard DesignJet T2600 36 -in EQUI PMENT LOCATI ON : 161 North Section Street Fairhope. AL 36532 TERM IN MONTHS : 36 SECURITY DEPOS IT : __ END OF TERM PURCHASE OPTION MO NTHLY PAYM ENT AMOU NT•: $324.19 INDICATE PURCHASE OPTION -IF NO PO IS INDICATED OR IF MORE THAN ONE IS INDICATED, YOUR PURCHASE OPTION WILL BE FAIR MAR KET VALUE . PURCHASE OPTION (FAIR MARKET VALUE (FMV) OR $1 .00 ($1) FMV CONTRACT (•PL US TAX) THIS AGREEMENT IS NON-CANCELABLE AND IRREVOCABLE. IT CANNOT BE TERMINATED . PLEASE READ CAREFULLY BEFORE SIGNING . YOU AGREE THAT THIS AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE IN WHICH OUR (OR , IF WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE'S) PRINCIPAL PLACE OF BUSINESS IS LOCATED AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE . YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAIVE TRANSFER OF VENUE . EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. CUSTOMER'S AUTHORIZED SIGNATURE BY SIGNING THIS PAGE , YOU REPRESENT TO US THAT YOU HAVE RECEIVED AND READ THE ADDITIONAL TERMS AND CONDITIONS APPEARING ON THE SECOND PAGE OF THIS TWO.PAGE AGREEMENT. THIS AGREEMENT IS BINDING UPON OUR ACCEPTANCE HEREOF . (As Stated Above) CUSTOMER SIGNATURE PRINT NAME & TIT LE DATE LESSOR ( 'W[ ·."US·. "OUR') Dex Imaging , LLC LE SS OR SIGNATUR E PR INT NAME & TITLE DAT E 5 109 W Le mon St Tampa , FL 33609 -1102 016089-UP02_0122-2 PAGE 1 OF 2 291 267 ADDITIONAL TERMS AND CONDITIONS 1. AGREEMENT. You want us to now provide you the equipment and/or sofllllare referenced he rein , toget he r wilh all replacements , parts . repa ir s, additions and accessions inco(J>1lraled therein or attached thereto excluding equipment marked as not financed under this Agreement rEquipment1 and you uncondijionally agree to pay us the amounts payable under the te rms of this agreement ("Agre ement; each period by the due date . Th is Agreement is bin din g upon our acceptance hereof and wiU begin on the date the Equipment is delivered to you or any later date we des ignate . We may charge you a one -time orig ination fe• or $75 .00 . If any amount payable to us is past due , you wil pay a late charge equa l to . 11 the gr•ater of seven (71 cents for each dollar overdue or 2) the highest lawful charge , if leu. Any security depos it will be returned upon run performance . We may cha rge you a fee of up to SS0 .00 for fiing . searching and /or timng costs required under the Uniform Commercial Code (UCC) or other laws . 1r for any reason your check is returned for nonp ayment, you wil l pay us a bad check charge or S30 or , if less , the maximum charge allowed by law . 2. NET AGREEMENT. THIS AGREEMENT IS NON.CANCELABLE FOR THE ENTIRE AGREEMENT TERM. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL AMOUNTS DUE UNDER THIS AGREEMENT FOR THE ENTIRE TERM , YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. 3, EQUIPMENT USE. You will keep the Equ ipment in good wooong order , free and clear of all liens a.nd claims , use it for business purposes only and not modify or move~ from rts initial location w~hout ou r consent You agree that you will not take the Equipment out of ser,ice and haw a third party pay (or provide funds to pay) the amounts due hereunder. You wiU comply with all laws . o«fl!lances, regula tions. requirements and rues relating to the use and operation of !he Eq.ipment . We v.;11 haYe the right. at any reasonable time. to inspect the Equipment and any doamlents relating to its use , mainlena1ee and repar. ~-SERVICES/SUPPLIES . tt we have entered 1nlo a separate arra ngerntml wfth you for maintenance , service , supplies , etc . with respect to the Equipmen t, payments under this Agreement may include amounts owed under that arran gement. which amounts may be invoiced as one payment for your convenience You agree that you will look solely lo us for performance under any such arrangement end for the de livery of any applicable suppl ies . 6. SOFTWARE/DATA. Except as provided in this paragraph , references to "Equipment" include any software referenced above or insta Ded on the Equ ipment. We do not own the software and cannot transfer any interest In ft to you . We are not respo nsible for the software or the obligations or you or the licensor und er any license agreement You are solely responsible fo r pro tecting and remov,ng any confidential dala limagu stored on the Equipment prio r tons return for any reason . 8. LIMITATION OF WARRANTIES . EXCEPT TO THE EXTENT THAT WE HAVE PROVIDED YOU A WARRANTY IN WRITING, WE MAKE NO WARRANTIES , EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICl1AR PURPOSE. YOU CHOSE ANY/ALL THIRD-4>ARTY SERVICE PROVIDERS BASED ON YOUR JUDGMENT. YOU MAY CONTACT US OR THE MANUFACTURER FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER IS PROVIDING , ffl: ASSIGN TO YOU ANY WARRANTIES GIVEN TO US . 7. ASSIGNMENT. You may not sell , ass ign . or subleue the Equipment or this Agreement wtthout our written consent We may se ll or assign this Agreement and our rights in the Equipment in whole or in pa rt, to a third party wfthoul notice to you You agrwe that« we do 10, our assignee will have our aulgned rights under this Agreement but none of our obligations and will not be subject to any claim , defense , or set-off that may be usertable against us or anyone else. 8, LOSS OR DAMAGE . You are responsible for any damage to or !oss of the Eqtipme nt. No such loss or damage wil relieve you from YOIJf payment obligations hereunder. Any insur ance proceeds rece ived relating to insurance you obtain Wit be app ied, at our option , to repair 0< replace the Eqlipment, or to pay us the rema ining payments due or to become due under this Agreement . plus our booked residual. both discounted at 2% per aMtm. Except for claims , losses , 0< damages caused by our groas negligence or willful misconduct. you agree to indermlfy and defend (with counsel acceptable to us and our assignee) us and our assignee . ~ appl icable. against any cla ims , losses or damages , including aHomey fees , in any way relating to the Equipment or data stored on it. In no event will we be liable for any conseque ntia l. exemplary , or indirect damages 9. INSURANCE . You agree 10 maintain commercial general liability insurance acceptable lo us and to inctude us as an additional insured on the policy . You also agree to : 1) keep the Equipment fully insured agaiist loss at its replacement oost, with us named as lende(s loss payee; and 2) pro-,ide proof of insuraoce satisfactory to us no later than 30 days follONing the conmencemenl of this Agreement. and thereafter upon OI.I' wrillen request. ff you fail to maintaln property loss inuance satisfactory lo us and/or you fail to timely provide proof of such insurance, we have the option . but not the o!Jligation, to do so as provided in either (Al °' (Bl as fo/lc,,vs, as detemined in our dsaetion: (A) We ITll#f sewre property loss ins1.rance on the Equipment from a carrier of OI.I' choosing in such focrns and all'Olllts as we deem reasonable to protect OI.I' interests . tt we seo.,re insurance on the Equipmenl we wil not name you as an insu-ed party, your interests nuy not be fully proteded, and you will reimburse us the prelllum (and an insinnce fee) which may be lvgher than the pre!llum you would pay W you obtained insurance and an insurance fee. and which may result in a prolij lo us through an investment in reinsurance or otherwise . ff you are C2Kl'ent in aH of your ~igations IJlder the P4reement at the time of loss . any insuraru proceeds received rela1ing to insurance we obtain l)l.'SU8nl to Ins subsection (Al 'MIi be applied, at w option, to repair°' repace the EQuipment. °' to pa y us the remaining payments due o, to become due under tis Pqeement. plus 01.1' booked residual . both discounted at 2% per amim. (B) We may charge you a montHy property danage surcharge of up to .0035 of the Equipment cost as a result of our credit risk administrati'le costs or other costs . as would be lurther described on a letter from us lo you . We may make a profn or, this program . NOTHING IN TH IS SECTION Wlt RELIEVE YOU OF YOUR RESPCA-1S1BILITY FOR LtABILITY INSURANCE ON THE EQUIPMENT . You authorize us lo sign on your behalf and appoint us as your attcmey-ir.lact to endorse in your name any insurance drafts or checks issued due to loss o, damage lo the Eq\ipment . 10. OWNERSHIP/TAXES . Unless the $1 .00 Purchase Option is setecled . we own the EqlJ1)1Tlenl. You wil pay when due , either dintclJy o, by reimbursing us , all taxes and fees relating to the Equipment and ltllS Agreement, inducing estimated final.year per10081 property tax. If we pay any tms c,; other expenses that you ov.e hereunder, you agree to reimburse us v.toen we request and to pay us a processing fee for each expense°' dlarve we pay on you, behalf. Sales or use tax due upfronl viii be payable <>Yer the term wrth a finance charge . ff the S1 .00 Purchase OpUoo is selected . you acllnowledge Iha! 1) the i>q-eement shall be deemed to be a conditiona l sales contract, 21 any CMl'leflhip we have in the Eqt.ipmenl will be deemed transferred to you upon the conmencement of the Agreement. and 3) you agree to file 'llrf required pellOflal property tax returns relating to the Equipment. If tlis l>{lrHnlllt Is deemed to be a sea.red transadioo. you hereby grant us a secuity interest in the Equipment (and aJI adcitions thereto, reiuoements thereof. and proceeds) to secure your obl igations under the Agreemenl and any other agreement with us , 10 be released al the end of the term provided you have perlormed all of your obigations under this Agreement. You authorize us to record UCC financing statements to prot2ct our intereets in the Equipment. You also agree to indemnify us on an after-tax basis aga inst the loss of any tax benefits anticipated by us at the corrrnencement of this Agreement arising out of you r acts or omissions . 11. END OF TERM . Al the end of the term of this Agreement (or any renewal term) ~he "End Date;, this Agreement wil renew month to month unless a) we rece ive written notice from you , al least 30 but no more than 120 days prior to the End Date , of your intent to purchase or return the Equipmem, and b) you timely purchase or re tum the Equipment to the location designated by us , al your expense . If the Fair Market Value Purchaae Option is selected and you are not in default on the End Date , you may purchase the Equipment from us "AS IS" for its Fair Markel Value . If the returned Equ ipment is not immediately available for use by another wilhout need or repa ir, you wil reimburse us for all repar costs You cannot pay off this Agreement or return the Equq,menl prior to the End Dale without our consent. If we consent. we may charge you . in addition lo other amounts owed , an earty termination fee equal to 5% of the price of the Equipment. Agreements with a S1 .00 Purchase Option selected wiU not renew. 12. DEFAULT/REMEDIES. You win be in default~: (a) you do not pay any payment or other sum due lo us or any other person when due or W you fail 10 perlorm in accordance with the covenants , terms and a,nciitions of ti-is '"'1rMment or any -agreement with us or any o! our affiliates O< any malelial agreemert with any other entity, (bl you make or have made any false slatemertl 0< lllsrepresenlation to us, (c) you or any guarant0< dies, dissolves 0< terminates existence. (d) you or fflf guarant0< hereof file or have fi led against you a petition for relief under the federal Bankruptcy Code or any sillllar fedellli or state law. °' ~ there oa:urs a material adverse change in your or any ~nlor'• financial. busineas, 0< operating condition. 0< (el any guarantor defa1'ts under any gua111nty for this Agreement tt you are aver in defaU/1, at our option, we can tenrinate this ~reement and we may req1're 1ha1 you re1lJm the Equipment to us at your e,q,ense and pay us: 11 all past due arrarts and 2) aD remainng payments for the unexpired term. plus 01.r booked residual, both discounted at 2"' per annum; and we may disable °' repossess the Equipment, require you to stop using any software and use all other legal remedies available to us . You agree to pay all costs and expenses Onclu:ing reasonable attorney f9es and repossession costs) we incur in atrf disl)lie IMlh you related to this .o¾,eement. You agree to pay us 1.5% interest pet month on all past b arroonts. Any delay 0< falure m enforce OI.I' rights under this Agreement w'.f not preyent us tom enforcing any rights at a later ime. ff interest i• charged 0< collected in excess of the maxirrum lawfLi rate , we will refund such excess to you , which will be your sole remedy . 13. UCC. tt we aas~n rights in this Agreement for financing purposes , you agree that this Agreement. in the hands of our assignee , is , or shall be treated as . a 'Finance Lease · as that term is defined in Article 2A of the Uniform Commercial Code ('UCC1. You agree to forgo the righls and remedies p<ovided under sections 507-522 or Article 2A of the UCC . 14. UMITA TION ON CHARGES . Th is section controls ove r every other part of this Agreement and over all documents now or later pertainin g to the Agreement. We both intend 10 comply wrth aD ap plicable laws . In no event will we charge or collect any amounts in excess of those aaowed by appicable law . Arly part of this Agreement that could , but for this section , be read unde r any cirtumstance to allow for a tharge higher than !hat allowable under applicable legal li mit, is limiled and modified by this section to limit the amounts chargeable under the Agreement lo the maximum amount all owed under the legal fimft . ff in any circumstance , any amount in excess of that all owed by law Is chiJVed or received , any such charge will be deemed limited by the amount legally allowed and any amounl received by us in excess of that lega lly allowed wil be appied by us 10 the paymenl or amounts legdy owed under the Agreement , or refunded lo you . 16. MISCELLANEOUS . All indemnities in this Agreement shall survive the term in atio n of this Agreement This Agreement is the entire agreement between you and us rela lin g to our providing and your use of the Equipment and supersedes any prior representations or agreements , lncllldin~ any purthase orders . Ally fees and amo unts payable under this Agreement, including any estimated tax payments , may inclu de a profrt lo us . The parties egree that this Agreement and any related documents hereto may be authenticated by electronic means . The parties agree that the sole origina l hereof fo r enforcement and perlection purposes , and the sole "record" constituting "chattel paper" under the UCC , is the pape r copy hereof bearing 0) the ori gina l or a copy of either your manua l signature or an electron ica Uy applied indication of your intent to enter into this Agreement and (ii) our orig inal manual signature . You agree not to raise as a defense to the enforcement of this Agreement or any relaled documents that you executed or authenticated such documents by electronic or digital means or that you used facs imile or other electronic means to transmft your signature on such documents . Notwithstanding anything to the contrary herein . we reserve the right to req uire you lo sign th is Agreement or any related documents hereto manual>,. tt a court finds any provis ion of this Agreement unenrorceabla , the rema ining terms of this Agreement sha i remain in effect. You authorize us lo either insen or correct your legal name , the Agreement number , serial numbers model numbers , beginning dale . and signeture dale . All other modifications to the Agreement must be in writing signed by each pa rty . Within 30 days after our, or if assigned , our assignee's reques~ you win deliver all requested information Oncluding current financia l statements and/or tax retums) which we deem reasonably necessary to determine your curren t financial condition and fa ithful performance of the terms hereof. You authorize us or our assignee to (a) oblaln credit reports or make credit inquiries in connecfon wfth this Agreemen~ and (b) provi de your credit application and information regarding your account lo credit reporting agenc ies , potential ass ignees . and parties having an economic in terest in this Agreement and /or the EquipmenL To help the government fight the funding of terrorism and money laundering activities , U.S. Federa l law requires financial institutions to obtain , verify and record infc,;mation that Identifies each person [individuals or businesse,) who opens an account Whal this means for you : when you open an acoount or add any additional service , we wil ask fo r your name , address, federal employer identification number and othe r information that will allow us lo identify you . We may also ask to see other identifying documents . 016089-UP02_0122-2 PAGE2 OF 2 291 268 ~COPY City of Fairhope Project Funding Request COF Projlct No. 2288 Please l'lltUln lhia ~ StlNI to T-by. ---'-ASAP=-'--- Projecl Namr. ~ HP ptoaa, for Public UUlltlft Bulldlnc:t Projecl Locallon: Pullllc UlllltlH 8ulldlna P,-ndlOClly Council:_~111-3/202_-a~- Funding Requlll Sponeor: Jtff llllc:tn!P!aetY. Dlndol' of lnforllll1lon Tecllnotoav Raolulion#: 4105-28 Approved ____ _ Cta,ged ____ _ Projecl Celll Reqllll9lneffl Requetled: Co9t: f t f1 R '23° :56 ~ -----• HP Inc Projlldl:.--:-"nfa~-----------------------+--------1 Onlero.te: __ ~nla--__ LNd Tlme: __ hla~------ Departm-Funding Tl"9 Prol!_ct Gn 0 w..o Sanllalion D cap P1o1ec:t 0 ~□ GIISTax O Fed Grant 0 ~10 D Pofoce-15 D F .. 20 □ EC0-24 □ Rec>-25 D C~26 0 sn.-35 D Meter-19 D FIMl-48 0 Galf-60 0 Golf GnuldMl5 D ~7 0 NonOeplFao-75 D DelltSeMce-85 0 M1nnH4 D ~12 □ MIit R-30 D Project will be: ExplnNd XXX 0 Clpttaliz9cl ---------□ IIWWllal1ed 0 ExpenaeCode: 0011INOIII GIL.Am Name: PrtnlldCoplerl0 and !'lflPII!! OpenllingElqlerlMl __ gxf--____ @ BuilgeledCapilll I D Unfunded D Grm: _____ Fedelal -nallO 9IIONd -.1t _____ SC. _____ City _____ local Projlld8udgaled:_.f~---•-l'VZ02a buclgnlmpeetl1,Ml.14 (I month INN paymenta) Bllllr.-SIINlbm- lncludlld In prajecl8d cahflow D ------ 0-(lhllr) budget--,f:-'f,.__...;:1..,.1,o:;,10:.:::.14ce_ 1--- City CouncH Prior~? _____ _ Snlor Aa:autllmlt Boncl: ____ _ Loan: ____ _ CltvTl'fl!Um PulalallnQ Memo Oate: __ ,:.31...,J/20o.:a::23...___ Tnt TIiie _____ v .. _____ Y_ _____ Tenn IT-1110 269 L] co RESOLUTION NO. 4705-23 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 a thirty-six (36) month lease for a New Hewlett Packard Plotter for the City Services and Public Utilities Building; and the lease is on the NASPO Cooperative Contract #140596-AL02 and therefore does not have to be let out for bid. The total cost for the lease is $11,670.84. ADOPTED ON THIS 13TH DAY OF MARCH, 2023 Attest: ~~L City Cler 270 RESOLUTION N O . __ _ WHEREAS, the City Council adopt ed on September 26, 2022 , a reso lution ap prov ing and adopting the proposed Budget for th e FY2022-2023 , Reso lu tion No. 4570 -22 ; and WHEREAS, the City of Fairhop e is des irou s to amend th e Bud ge t and that the follo wi ng estimates of expenses, as related th ereto, ar e hereby adopted and those exp enses are appropriated as follows: Acco u nt Description Debit Credit 001350-50440 Small Equipment 49 ,889.00 001350-50470 Purchases Vehicl es & Equ ipment 49 ,889.00 001150-50440 Equip & Vehicl e Rep air 13 ,341.00 001150-50470 Purcha ses Vehic le s & Equipment 17 ,267 .00 001-49030 Ins uranc e Claim 30,608.00 001150-50475 Capital Improvement s 27 ,862 .00 001150 -50524 Prop erty Renta l/Lease 36 ,725 .00 001-49895 Tran sfer from Impact F ees 64 ,587 .00 BE IT RESOLVED BY THE G OVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope her eby amends the Budge t for the FY2022-2023 as recommended and presented above; and authorizes the City Treasurer to m ake the necess ary changes. Attest: Lisa Hanks, MMC City Clerk ADOPTED ON THIS 14TH DAY OF AUGUST, 2023 Jay Robinson, Council President 271 RESOLUTION NO. WHEREAS , US 90/98 Causeway project is an important planning project that will improve resiliency against severe weather events and to enable communities a safe evacuation route ; and WHEREAS , US 90/98 is a heavily traveled route used by out-of-state drivers and that local commuters take daily between Baldwin and Mobile County; and WHEREAS, Owing severe weather and post natural disasters the US 90/98 Causeway route is severely impacted and can have profound effects on daily travel between Mobile and Baldwin County; and WHEREAS , the Port of Mobile, the Mobile International Airpo1t , and numerous multimodal hubs all are located on Mobile Bay and frequently utilize Interstate 10 helping to stimulate and drive the economy of Mobile and Baldwin Counties, the State of Alabama and the entire Gulf Coast region; and WHEREAS, the U.S. Depa1tment of Transp01tation is committed to improving our nation 's infrastructure through the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation Program (PROTECT) Grant Opportunity PROTECT Grant program; and THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Shen-y Sullivan is hereby authorized to write a letter in supp01t to endorse the South Alabama Regional Planning Commission 's application for the PROTECT Grant. ADOPTED ON THIS 14TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President 272 Honorable Pete Buttigieg Secretary of Transportation U .S. Department of Transportation 1200 New Jersey Ave, SE Washington , DC 20590 August 15, 2023 Re: Promoting Resilient Operations for Transformative, Efficient, and Cost- Saving Transportation Program (PROTECT) Grant Opportunity to Support Coastal Resiliency Plan for US 90/98 Causeway Dear Secretary Buttigieg: The City of Fairhope is pleased to issue this letter supporting and endorsing the South Alabam a Regional Planning Commission's (SARPC) PROTECT Grant application through the U.S Department of Transportation. The Resiliency Plan for US 90 /98 Cau seway project is an important planning project that will improve resiliency against severe weather events and to enable communities a safe ev acuation route. US 90 /98 is a heavily traveled route used by out-of-state drivers an d that local commuters take daily between Baldwin and Mobile County. During sev ere weather an d po st natural disasters the US 90 /98 Causeway route is severely impacted and can have profound effects on daily travel between Mobile and Baldwin County. For thi s reason , the City of Fairhope endorses this PROTECT grant app lication. We recogniz e the value of this project and the role it plays in the long-term resiliency of our infra structure and im pro ving safety for the traveling public. Thank you for your consi deration of SARPC's grant application. Sincerely, Sherry Sulli van , Mayor 273 RESOLUTION NO. __ WHEREAS, the City of Fairhope adopted Ordinance No. 1625 , An Ordinance repealing and replacing Ordinance No. 1331 to establish Impact Fees on new development in the City of Fairhope on October 13, 2018 in accordance with Act No. 2006-300 enacted by the Legislature of Alabama on April 4 , 2006; and WHEREAS, the City desires to use funds for "Police" which is a Benefit Area for (i) the cost recovery of the City's cost and expense related to the construction, development and improvement of its justice center, (ii) the cost recovery of the City's cost and expense related to the construction, development and improvement of its animal shelter, (iii) the acquisition of police vehicles, and (iv) the acquisition of police-related apparatus and equipment, and (v) the police component of the "Impact Fee Study" prepared by Tischler Bise; and WHEREAS, the following project shall be paid from the Impact Fees Account and have met the criteria stated to be paid from said Account: • New Police Precinct located at 329 South Greeno Road -Renovations and Rent ; not to exceed $64,587.00. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to expend Impact Fees for the above project as designated from the Impact Fee Account for services for the "Police" Benefit Areas. DULY ADOPTED THIS 14TH DAY OF AUGUST, 2023 Attest Lisa A. Hanks , MMC City C lerk Jay Robinson, Council President 274 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 and receive RFQs for Procurement Two Police Car Engines for the Police Department. [2] At the appointed time and place , RFQs were received and tabulated as follows: Please see RFQs Tabulation Procurement Two Police Car Engines [3] After evaluating the quotes with required specifications , Terry Thompson Chevrolet is now awarded the RFQ for Two Police Car Engine s with a total unbudgeted cost of $12 ,624.44. ADOPTED ON THIS 14TH DAY OF AUGUST , 2023 Attest: Lisa A . Hanks , MMC City Clerk Jay Robinson , Council President 275 City of Fairhope Project Funding Request COF Project No . 2352 Issu ing Date : ---'8'-/1'"'0""/2:..:0..::2cc3 __ Please return this Routing Sheet to Treasurer by : ___ A_S_A_P __ _ Project Name : Aoorove the Procurement of Two (2) Police Car Ena in es Project Location: Police Department Presented to City Council: __ ..::8'--/1'-4"'/2::.;0:..:2:..:3;___ Funding Request Sponsor: Stephanie Holl\nghead 1 Chief of Police Tim Bung, Supervisor Vehicle mechanics Project Cash Requirement Requested : Cost: $ 12 624.44 Not-to -Exceed Amount Vendor: Terry Thompson Chevrolet (Vendor #2834) Resolution # : Approved _____ _ Changed _____ _ Rejected _____ _ Project Engineer: ..;.n"-/a"------------------------------------------ Order Date : n/a --------Lead Time : ___ n_/a ________ _ Department Funding This Project General 0 Gas [j Electric D Wate C Department of General Fund Providing the Funding Admin -10 □ Bldg -13 C Fleet-46 C Golf-SO C Project will be : Expensed Capitalized Inventoried Police-15 0 Fire-20 0 Golf Grounds-55 D Museum-27 C XXX E C C Expense Code : 001150-50440 G/L Acct Name : E9uipment & Vehicle Repair Pro ject Budgeted : $ Balance Sneet Item-C Included In projected cash flow Over (Under) budget amount: $ 12,624.44 Wastewater C Sanitation [j ECD -24 0 Rec-25 C NonDeptFa c-75 D Debt Serv ice-85 C Funding Source : Operatin g Expenses Budgeted Capital Un(unded Bond : Loan : Approve thP. Procurement for two (2) police car engines from Teny Thompson Chevrolet in the noMo-exceed amount of S12 ,624.44. Thrcie quotes ware requested with two vendors unaiblc to supply engines at this time. Capital Lease : City Council Prior Approval/Dal e? _N_/_A _____ _ Senior Accountant City Treasurer Cap Project C Civic-26 C Marina-34 C XXX Purchasing Memo Date : --~8'-/1~0~/2=0=2=3~_ Purchas in g Memo Date : --~8~/1~0~/2~0~2~3 __ _ Signatures: Impact C Gas Tax C Street-35 C Meter-19 C Plan/Zone-12 C Adult Rec -30 0 E C C Federal -not to exceed amount State City Local Tille Title Payment Mayor Fed Grant C IT-16 C Ye ar Yea r Term 276 D ~; dt,A.BA~'t'; Sherry Sull ivan Mayor Council Members: Kevin G. Boone Jack Burrell , ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasure r 161 North Sect ion St . PO Drawe r 429 Fairhope, AL 36533 251-928 -213 6 (p) 251 -928-6776 (f ) www .FairhopeAL.gov MEMO To : From: Date : Re : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer Erin Wolfe , Purchasing Manager August 10 , 2023 Green Sheet and City Council Approval for the Procurement of Two Police Car Engines The Chief of Police , Stephan ie Hollinghead , is requesting approval of the procurement of two (2) police car engines . Two patrol vehicles are out of service and in need of replacement engines as soon as possible . A request for quote was sent to three (3) potent ial vendors for this purchase. Two vendors responded that they would be unable to supply the engines immediately. Terry Thompson Chevrolet have the two engines available for purchase now. The quote from Terry Thompson Chevrolet is Six Thousand Three Hundred Twelve Dollars and Twenty-Two Cents ($6 ,312 .22) each , for a total of Twelve Thousand Six Hundred Twenty-Four Dollars and Forty-Four Cents ($12 ,624 .44). The total budgeted cost for this procurement is Twenty Thousand Dollars ($20 ,000 .00). NOTES : See Attached Pats Invoice and Memo from the Chief of Police for details . Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement for two police car engines from Terry Thompson Chevrolet for $12,624.44. CC file , Stephanie Hollinghead , Tim Bung , Clint Steadham 277 TH~SON CIIEVROLl!T ... _,........_ ......., .,,_ Ph : 2516260631 1049 • CITY OF FAIRHOPE (251) 990 • 0161 noneCgmail.com Tax Exempt No: POLITICAL S.No. Part Billing Address PO BOX 429 FAIRHOPE , AL USA,36532 19434265 -REMANUFACTURED ENGINE Core: 19434265 - REMANUFACTURED ENGINE Core Return : 19434265 - REMANUFACTURED ENGINE 0 Comments Disclaimer of Warranty : Sate Qty 0 Shipping Address PO BOX429 FAIRHOPE, AL USA,36532 Ordered Filled Selling Price 0 0 $6,312 .22 0 $5,000.00 0 $5,000.00 Sub Total Fees Discount Tex Total Parts Invoice 703083 Fri , Aug 4, 2023 9:39 AM Paid Amount: $0.00 Status : Quoted Sale Typ • : Wholesale (Charge) Customer PO No : - Driver: .1 Counter Person Name : Justen Wallace Payment Method(s) Used : None Tot~ Price List Price $6,112 .22 $6,512 .22 $5.doo.oo $0.00 •$0.00 $0.00 $11,312.22 $0.00 $0.00 $0.00 $11,312.22 Any warranties on the products sold hereby are those made by the manufacturers. The sell, TERRY THO~PSON CHEVROLE.,. INC., hereby expressly disclaims all warranties, either express or implied, Including any Implied warrant~ of merchantab11'ty or fitness for a part icular purpose, and TERRY THOMPS ON CHEVROLET INC. neither assumes nor authorlz~s any other person to assume for it any liability in connection with the sate of said products. Customer shall not be entitled to 1-ecoYer from TERRY THOMPSON CHEVROLET, INC. any consequential damages. damages to p roperty. damages for loss of use. l oss of time, loss of p rofits, or income or any other mcidenta: damages. Return Terms and Conditions : There is no refund without this invoice. No refunds will be given after 30 days, or on special order or electrical parts Returns are subject to a 35% restocking fee. II Iii O Teldon Corp 2023 Customer Copy 1 / 1 F ri Aug 4, 2023 I 9:39 AM 278 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Stephanie H. Hollinghead Date: August 8, 2023 Department: Police ------------------------ Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Under $5 ,000 No restr ictions Not Requ ired N/A N/A Utilities $5 ,001 -$10 ,000 Operational NON -Budgeted Three Treasurer /Mayor N/A Greater than : Operational NON -Budgeted Three Counci l Reguired Gen Govt -$5,001 Utilities -$10,001 Gen Govt -$5 ,001 -$15,000 Operat ional Budgeted Three Treasurer N/A Utilities -$10,001 -$15 ,000 Over $15 ,000/$50,000 Operational Budget* State Bid Li st or Treasurer/Mayor N/A Buying Group Over $15 ,000/$50 ,000 Operational Budgeted Bids Council Reguired Professiona l Service Over $5,000 Budgeted or Non -Budgeted Mayor Se lect Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Budgeted items that meet or are under budget may be purchased with the Mayo r and/or Treasurer 's approval if they are on the State Bid list or fro m an approved buyin g group. Items that are over budget m ust go to Council for approval and will require o green sheet ond reso lution . **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. Terry Thompson Chevrolet $ 12,624.44 2. Sandy Sansing Chevrolet $ 11,528.32 (None available) 3 . McConnell Automotive $ 12,373.22 (Would need to order) Check any applicable boxes: D State Contract □ ALDOT □ Purchasing Group D Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Vehicle Engines 2. What is the total cost of the item or service? $6,312 .22 3. How many do you need? 2 4. Item or Service Is: IZI New □ Used □ Replacement □ Annual Request 5. Vendor Name (Lowest Quote): Terry Thompson Chevrolet 6. Vendor Number: 2834 If you do not have a Vendor Number, please go to the City of Fairhope page : www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information . BUDGET INFORMATION 1. Is it budgeted? □ Yes IZI No □ Emergency Request 2. If budgeted, what is the budgeted amount? Click or tap here to enter text. 3. Budget code: Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunninqham@FairhopeAL.gov. PUR-004 -OBZSZZ 279 DATE : Fairhope Police Department "On Beautiful Mobile Bay" August 9, 2023 107 N . Section St. Fairhope, AL 36532 (251) 928 -2385 Fax (251) 990-0158 SUBJECT: Two (2) Engines Stephanie H. Hollinghead Chief of Police Please find attached quotes for the purchase of two (2) engines . Currently, we have two (2) patrol vehicles out of service and both are in need of replacement engines . I would like to retain both vehicles as one is a 2019 with 68 ,000 miles and the other is a 2018 with 45 ,000 miles . This purchase was not previously approved in the 2023 budget. The total cost is $6 ,312 .22 per engine for a total of $12 ,624 .44 . Please prepare the necessary paperwork for this item to be placed on the next City Council agenda . Let me know if you need additional paperwork or have any questions. SHH/tdh 280 sarTHfillN ~--PIO! 101111 Sandy Sansing Chevrolet of Foley 2255 S McKenzie St. Foley, AL 36535, US www.southern-chevrolet .com Ph: (251) 943 • 8505 432143 • CITY OF FAIRHOPE (251) 928 • 2136 t i m .bung@fai rhopeal .gov Tax Exempt No: On File S.No . Part 19368175 • RE MANUFACTURED ENGINE Core: 19368175 - REMANUFACTURED ENGINE Core Return: 19368175 • REMANUFACTURED ENGINE @ Comments /J .Jlf3'/-{70 Disclaimer of Warranty : Billing Address 161 NORTH SECTION ST. FAIRHOPE , AL USA,36532 Sale Ordered Qty 0 0 Filled 0 0 0 Shipping Address 161 NORTH SECTION ST. FAIRHOPE . AL USA,36532 Bin (Shelves t Drawers) Selling Price SPORD $5,764 .16 $2,500.00 $2,500.00 Sub Total Fees Discount Ta Total Parts Invoice 733938 Fr i, tt,ug 4, 2023 11:37 AM Paid Amount: $0.00 Status: Quoted Sale Type : Retail (Charge) Counter Person Name : James Sh ifflett Payment Method{s) Used : None Customer1PO No : - Lis Price Total Price $5,6~4.16 $5,764.16 $0.00 $2,500.00 $0.00 -$0.00 $8,264.16 $0.00 $0.00 $0.00 $8,264.16 Any warranties on the products sold hereby are those made by the manufacturer. The setter expressly disclaims all warranties, either expressed or implies, including any warranty of merchantability or fitness for a particular purpose, ..-id neither assumes nor authorizes any other person to assume for it any liability In connection with the said sale of said prodl,lcts. Return Terms and CondHlons : , ALL RETURNS MUST BE MADE WITHIN 10 DAYSAND SUBJECT TO 20'K, HANDLING CHARGE. • NO REFUNDS ON ELECTRICAL PARTS OR SPECIAL-ORDER PARTS. • ALL RETURNED PARTS MUST BE IN ORIGINAL SALEABLE PACKAGING iii Cl Tekion Corp 2023 Customer Copy 1 / 1 Fri Aug 4, 2023 111:41 AM 281 ... M~Co~~lJ ~ ----@) BUICK • EIIIVIC . McConnell Automotive 3150 Dauphin Street Mobile, AL 36606 (251) 476-4141 www .mi:connellautomotive.com RETURN/REFUND POLICY: ALL RETURNS MUST BE.ACCOMPANIED BY THIS INVOICE AND ARE SUBJE~. TO A 309' RE$JOCl<ING CHARG .E. RETURNED ITEMS MU~T BE IN THE ORIGIN~L. U~OPl;NED BOX .OR CONTAI ER . PLEASE NOTE THAT-THE DEALERSHIP WILL NOT ACCEPT RETURNS OR MAKE REFUNDS AFTER 10 DAYS. ·NO EFUNDS OR RETURNS ON SPECIAL ORDER PARTS OR ELECTRICAL PARTS . OISCLAjMER OF WARRANTY: AU. PARTS ANi> ACCESSO~IES ARE SOLD BY THE DEALERSHIP AS-IS . ANY WARRANTIES ON THE PAIITS OR PRODUCTS DESCRIBED BE[oW ARE fROSE OF THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS OR PRODUCTS. 'TRn>EALERSHIP HEREBY EXPRESSl V'. DISCLAIMS ALL WARRANTIES . EXPRESS AND IMPLIED, INCLUDING AAY IMPLIED WARRANTIES CF MERCHANTABILITY AND RTNESS FOR A PARTICULAR PURPOSE?.WITH RESPECT TO THE SAME . THE DEALERSHIP NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WIT THE SALE OF SAID PARTS OR PRODUCTS. CUSTOMER SHALL NOT BE ENTITLED TO RECOVER FROM THE DEALERSHI P ANY CONSEQUENTIAL OAMAGES. DAMAGE TO PROPERTY. DAMAGES FOR LOSS OF USE. LOSS OF TIME, LOSS OF PROFIT OR INCOME. OR ANY OTHER INCIDENTAL DAMAGES. THIS DISCLAIMER IN NO WA AFFECTS THE PROVISIONS OF .ANY MANUFACnJRfR OR DISTRIBUTOR WARRANTIES. DATE ENTERED YOUR ORDER NO. DATE SHIPPED 04 AUG 2·3 s 0 L D T 0 SHIP VIA **QUOTE** ACCOUNT NO. 1109771 CITY OF FAIRHOPE PO BOX 429 FAIRliOPE, AL 36533-0429 {.251) 990 -01 61 rLSM. 'l: NO . Al00 INVOICE OATE . 04 AUG 23 s H I p T 0 'TERMS CASH INVOICE NUMBER 19730 PAGE 1 OF ~ ro.e. POINT MOBILE AL I .PAR't ·NO. BIN OESCfUFtlON . iJST lltEt AMOUNT ' --.. 0 1~ .. 3'42~5 ·0000 R:2MANUF1i !iSit2 >22 pi$$.:~ 6:1 : E,186.~t CORE DEPOSIT 500.0 •. oo s,ooo .• o **** I .N V 0 I C E Q u 0 T E -00 NOl P~X ** ** . ' .. . I j • ! ' I L I PARTS 11 186.61 SUBLET FREIGHT o.ao SALES TAX 618.El6 I C~STOMER"S SIGNATURE I TO'tAl .. ·.··. Sll 805.:;17 CUSTOMER COPY I I I I I I I i ' 282 RESOLUTION NO. WHEREAS , on July 24, 2023 , Mayor Sherry Sullivan discussed the naming of the Clock Comer Property and gave a history of same; and WHEREAS, the Clock Comer Property has been named Gaston 's Auto Livery , Gaston 's Garage , and Gaston Motor Company; and WHEREAS , Mayor Sullivan recommended that the Clock Comer Property be named "Gaston Plaza ." WHEREAS, the City Council is desirous to name the Clock Comer Property "Gaston Plaza" as recommended. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that the City of Fairhope accepts and approves the recommendation by Mayor Sullivan to name the Clock Comer Property "Gaston Pl aza ." DULY ADOPTED THIS 14TH DA Y OF AUGUST , 2023 Attest: Lisa A. Hank s, MMC City Clerk Jay Robinson , Council Pre siden t 283 Lisa A. Hanks, MMC From: Sent: To: Cc: Lisa Marie Atchley <lisamarie.atchley@gmail.com> Thursday, July 20 , 2023 9:55 AM Lisa A. Hanks, MMC Lisa Mar ie Atchley Subject: Fwd : Motion to City Council Good morning Lisa . Please see below. Thank you . Begin forwarded message: From: Becky Barnard <rebecca.barnard@fairhopeal.gov> Date: July 20, 2023 at 7:43:50 AM CDT To: lisamarie.atchley@gmail.com Subject: Motion to City Council Good morning, Lisa, Just wanted to send you the below so you may send it to the Clerk. Lisa Atchley made a motion to recommend to the City Council that the City extend Fairhope Storm Football's contract on a year to year basis for use of WC Majors Field, with Maurice Morrisette second the motion, none opposed. Becky Barnard Administrative Assistant Parks & Recreation Dept.-City of Fairhope (251) 928-7270 ext. 319 1 284 BOARD OF ADJUSTMENTS &APPEALS NOMINEE (S) 3-Year Term APPOINTMENTS Bryan Flowers -2nd Alternate Member The term shall end August 2027 REAPPOINTMENTS 285 CITY OF FAIRHOPE APPLICATION FOR APPOINTMENT TO A CITY BOARD OR COMMITTEE . AN 30 '23 PM2:52 t::3JJ} City Council seeks to have diversity in making appointment to boards and committees. It is the policy of the City CO\lllcil 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 ofFairhope, Attention Fairhope City Clerk, P. 0 . Drawer 429, Fairhope, Alabama 36533 . PLEASE PRINT CLEARLY Last Name : Flowers First Name : Bryan P~e Number: t@ 334-740-401'?en : 334-740-401~mai l: bryan.flowersl@c -b,~-~~~~~"- Home Address : 127 Glen Hardie Drive City : Fairhope state: AL zip: 36532 Business Address : Same (Work Remote) City: ________ State: ___ Zip: ____ _ Name of Board or Committee: Pedestrian and Bicycle Committee d /1 ' .. ~~\.4 LOM.MJ~7t~ EDUCATIONAL BACKGROUND : AA Degree from Marion Military Institute, Graduated as 2nd Lt in Cadet Corp (Platoo ■ Leader). BS Degree from Auburn Uni· PROFESSIONAL LICENSES AND/OR ASSOCIATIONS : NA PROFESSIONAL EXPERIENCE : 25 years of leadership within the Food/Beverage Industry and now Managing Director within the Executive Recruiting indust11 not attached resuem 286 ' CIVIC INTERESTS AND/OR SERVICE MEMBERSHIPS : Creating a pedestrian friendly community. Involved in the economic growth plans for Fairhope. HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS OF THE COMMUNITY ? My leadership background coupled with a very good skill set of collaboration, program management, project management, fact decision making approach . I look at Fairhope as being a premier destination for visitors and individuals that want to reside in t city! 287 Bryan Flower s br an .flowersl outlook .com Cell -334-7 40-4010 ■ ■ • • ■ • ■ • Accomplished Executive with demonstrated ability to deliver mission-critical results. A leader skilled in utilizing analytical & consumer data to strengthen the sales and operational processes. An innovative and collaborative executive whose key competency and personal passion is to build high performance leadership teams that drive outstanding financial results and competitive differentiation. Skilled in delivering significant revenue and margin results at Public, Private, Start-Up and Private Equity companies. AREA OF EXPERTISE Strategic Planning • Collaborative Leader ■ Customer Acquisition • Board Experience Team Leadership • Team Development • Broker Management • Trade Management Multi-Channel • Product Innovation ■ Consumer Insights • M&A P&L Leadership • Change Management • Customer Service • Operational Cost Mgt Trade Customer Relationships Walmart • HEB • Meijer • Ahold • Harris Teeter ■ Aldi • Dollar General Amazon • Wegmans • Kroger • WinCo • Whole Foods • Hannaford • Family Dollar Costco • Publix • Sam's • Food Lion • Albertsons • Topco • Dollar Tree Walgreens • AWG • Loblaws • Sobeys • SpartanNash • Fresh Mkt • Grocery Outlet PROFESSIONAL EXPERIENCE People Suite May 2020-Present Managing Director • 2021 President's Club Winner • Manage client account relationships in Food Manufacturing, Consumer Products (CPG), Pharmaceuticals, Consumer Services, Cannabis and Supermarkets industries. • Full-cycle recruiter and client manager -analyze hiring needs, determine best recruiting methods, and create/deploy client- specific and/or role-specific recruiting strategies, using multi-faceted campaign strategy. Interview and present candidates, negotiate offers. • Successful placement of candidates in the following functional areas : Human Resources, Sales, Marketing (both Traditional & Digital), eCommerce, Food Operations &Production, Engineering, Supply Chain, Quality Assurance, Category Management, Brand Management, Project Management, Plant Leadership, District Leadership, Executive Leadership . • Provide strategic consultation to address hiring pain points within all retained and contingent hiring/r ecruiting needs. NUZEE, INC. -S3 Million Dollar Coffee Start Up Sales & Marketing Manager; North America 2018-April 2020 Appointed to spearhead and revitalize the startup's corporate growth strategy for a Nasdaq IPO . Revenue initiatives for co - manufacturing, branded, private label, and roaster programs across all trade channels . Management responsibilities of 2 Sales Managers, Director of Marketing & Marketing Associate . • Aggressively pursued and developed Pour O ver Coffee programs for the following : 288 o Walmart, Costco, Southeast Grocers, HEB, Albertson's, Bed Bath & Beyond, AholdDelhaize • Developed the Steep Style Coffee and Standup Pouch Coffee programs fo r : o Amazon, Bass Pro, Academy Sports, Dick's Sporting Goods, Dollar Tree, Dollar General and Family Dollar • Broker consolidation and restructuring i nitiative, built both a Branded and Store Brand national broker network • Successfully launched the Coffee Blender Barista brand into both Brick & Mortar and E-Commerce • Managed and created corporate trade & merchandising programs for various trade channels ■ Revitalized the Tw i n Peaks Pour Over program at Amazon; inco rporated trade fund i ng i nitiatives, new item extensions and developed a more focused SEO result ing in 50% growth • Internationa l product & program development with a U K based start -up . MORGAN FOODS 2005-2018 Sr. Vice President, Sales & Marketing North America I Company Officer Family owned, 120-year-old food manufacturer with a primary focus in Can Organic/non -Organic Soup, Aseptic Broth, Can Broth, Gravy and Organic/non-Organic Beans categories Served on a 4-member execut ive team, col laborating on a 5-year strategic roadmap, business strategies and major capital project plans to achieve new category and CAGR growth targets . • Managed a s320M P&L w ith 12 -member sales & marketing team . • Deli v ered a 6.0% CAGR through customer acquisition, trade/merchandis i ng, product innovat ion and del i berate pricing actions • Built the marketing department from the ground up . Incorporated consumer data initiatives, product innovation, trend analysis, P&l/Pric i ng metrics, forecasting and SKU rationalizat i on initiatives . • Developed annual budgets targeting new items and merchandising strategies for both retailers and nat ionwide broker network • Transformed the regional sales management team thru ongoing training, enhanced collaborative process, consumer trend knowledge and implementation of robust metric review process Secured bus i ness with 13 new national accounts across all channels of t rade : o Traditional Supermarket -Kroge r, HEB, Sam's Club, Wal mart, Wegman's, W inCo, Ahold De l haize, Southeast Grocers o Mass/Club-Walmart, Sam's o Canadian -Overwaitea o Value/Limited Assortment-Lidl, Dollar Tree, Dollar General, Family Dollar Champ ioned continuous product innovation and initiated development of 15+ new product lines via alignment of strategic retailers coupled with consumer trend analysis CONAGRA FOODS I Store Brands Division 2000-2005 Senior Director, Sales & Marketing I Eastern Region Public Company, u58+ food manufacturer with primary focus in Cereal, Can Pasta, Cooking Spray, Fruit Snacks, Granola Bar, Can Meat, Toaster Pastry and Breakfast Bar categories . s120M business with 35 accounts across US, UK & Puerto Rico with management responsibilities of 2 d i rect reports Deve loped on trade merchandising programs with strategic customers such as : Delhaize, Ahold, Kroger, Publix, Albertsons, Harr is Teeter & Wakefern • Delivered an annual 7% CAG through customer acquisition and new item innovation Director, Sales & Marketing I Southern Region s6oM business with 25 accounts across US & Puerto Rico with management responsibilit ies of one d i rect report THE RED WING COMPANY/CARRIAGE HOUSE FOODS I Division ofTomkins, PLC Southeast Business Manager, Sales & Marketing 1995-2000 Public Company, European -based food manufacturer with primary focus in condiment, pourable dressing , jelly/preserves, peanut butter, ketchup, and spaghetti sauce categories . • s50M business with 20 accounts across US & Puerto Rico . 289 OTHER RELEVANT EXPERIENCE -----------------------------------~-" ·- Golden Bay Foods, d ivision of Federated Foods -Regional Account Executive Presto Products, d ivision of Reynolds Metals Company -Reg ion al Bus iness Manager Flem i ng Companies Inc. -Product Manager, Sen i or Category Manager and Buyer EDUCAT ON B.S., Business Administration I Auburn Univers ity I Auburn, Alabama Associate Degree I Cadet 2 nd Lt. I Marion Mil itary Institute I Marion , Alabama 290 _ -'·•·I;-·~· ··L ;:_ / ~ Revised 09/2013 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928 -213 6 ALCOHOLIC BEVERAGE LICENSE APPPLICATION PLEASE PRINT We hereby apply for a license to sell Alcoholic Beverages in the City of Fairhope or its Police Jurisdiction . We agree to abide by all applicable Ordinances of the City, or any amendments to same, and to promptly furnish all reports required by the City. G.,,df Co~t/),',."'"tt,uc D/8//t Fti,.·n,"f'L.P /11 .s +-f';~ APPLICANT'S NAME ::fo..rrdtUvvlk--SSN1i __ -- AGE_. ___ DATE oF BJRTH ____ PLACE oF BIRTH M (Jb ) l.e, ,ft.. MAILING ADDRESS ~'7 il-, o/~bhC) t>r, 1 tiJ.k.e~, /rL JJs L HOME# __________ WORK# ___________ _ CELL# ___________ FAX# ____________ _ REs10ENcE ADDREss i1 s--1 01de.-¾Lvr-_j k 1 ~ ft ~.r.1, NO.YEARS AT PRESENT ADDRESS 3 NO.YEARS AT PREVIOUS ADDRESS 3 --- PREVIOUS ADDREss~ rJ . .t~ .vle.w Pc, Mhje, tt? .5~53 l.. NAME AND ADDRESS OF BUSINESS <Jv. '+ ~o..st P\'...klt ,LlL JJ/&/tr fa,.;de-of'L= Pl~s -1--P,~ts 2ri.B ~"r ~JV'-' '/Glhfe, At xPS's, NAME OF CORPORATION ___________________ _ BUSINESS LOCATION __ f-d.,A_-_ll_r _~_pe.c.-+1~A-------------- HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE '-{4 J 1Fso, WHERE ~rkoP:-uNDERWHATNAME 6"' IPCoe..s-t--PJ"l.,att,LU- HAs APPLICANT EVER BEEN ARRESTED '< , JF s~ WHERE 04'!d\r~ 2 ,,.,.. l)flv1~ J L SU _5 ~ l ~ -I\ WHEN O/~ WHATWASCHARGE Q/st,As.s-..a.cfl_ f: cvOL-,r()J.,J:..e_d}_ DISPOSITION t)}J,,;) JSQd2 ,; N (;>L .e~~~ LIST THREE REFERENCES : NAME ADDRESS PHONE NUMBER fri 291 Revised 09/2013 City of Fairhope Alcoholic Beverage License Application Page -2- PLEASE SELECT TYPE OF LICENSE APPL Y ING FOR: __ 011 -PACKAGE STORE LICENSE -Allows sale of liquor , wine . or beer at Retail, TO GO only . No one under age 21 allowed on premises . A liquor tax of 10% City Lim its or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. __ 010-LOUNGE LIQUOR LICENSE -Allows sale of liquor , wine , or beer for on and off consumption . No one under age 21 allowed on the prem ises. A liquor taJ< of 10% City Limits or 5% Police Jurisdiction is due the 1 rf' of each month on the purchase price paid for all liquor for use or resale by the licensee. __ 031-CLUB LIQUOR LICENSE -Allows sa le of liquor. wine, or beer but must meet ABC Board's "club" regulations. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee . __ 020 -RESTAURANT LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on-premises consumption only and 51% of gross receipts must come from the sale of food . A liquor tax of 10% City limits or 5% Police Jurisdiction is due the 10 th of each month on the purchase price pa id for an liquor for use or resale by the licensee. 140 -SPECIAL EVENTS LICENSE $ 160 -SPECIAL RETAIL LICENSE -More than 30 days __ 040 -BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only, on and off consumption. __ 050 -BEER OFF-PREMISES LICENSE-Allows sale of Beer Only, TO GO only . __ 060 -WINE ON/OFF PREMISES LICENSE-Allows sale of Wine Only, on and off consumption . __ 070 -WINE OFF -PREMISES LICENSE -Allows sale of Wine Only , TO GO, only . SI 100 -WINE WHOLESALER LICENSE 210 -WINE IMPORTER LICENSE 200 -WlNE MANUFACTURER LICENSE 240 -NON -PROFIT TAX EXEMPT LICENSE ______ DATE __ _ ~~~~:IC::....DATE~3 DATE NOT APPROVED BYCOUNCIL _____ DATE __ _ City Clerk APPROVED BY COUNCIL--,----,-,----,---DATE __ _ City Clerk .,. The Chief of Po li ce is only acquirin g a background check on the owners. partners , or corporate officers of the business for the City of Fairhope . The Alabama Alcoholic Beverage Control Board does a thorough Federal and State background check before issuing the License . 292 Revised 09/2013 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 ALCOHOLIC BEVERAGE LICENSE APPPLICATION PLEASE PRINT We hereby apply for a license to sell Alcoholic Beverages in the City of Fairhope or its Police Jurisdiction . We agree to abide by all applicable Ordinances of the Qi lY, pr any amendments to same, and to promptly furnish all reports required by the City. Ra_t:> 's \(lie.he...(\ 1 LL(_ APPLICANT'S NAME NCV"'C\....,I ~{e.. SSN# __ -~-- -- AGE DATE OF BIRTH . . . PLACE OF BIRTH ·~J~ f"r-\~, MD ...... ,------· MAILING ADDRESS 7 l, s . Se:..e-+-· Dr---.. '5~ I.M~-\-B HOME# __________ WORK# ___________ _ CELL # ___________ FAX# ____________ _ RESIDENCE ADDRESS __ 7,--'-'-(o_S_. _S_-_-Lc.;_~_:_______;_9_:t-_,._t..A._~_~_3 _____ _ NO .YEARS AT PRESENT ADDRESS k: NO .YEARS AT PREVIOUS ADDRESS --J.'/2£___ PREVIOUS ADDRESS Lfle D. ,J. S~-..... ~ NAME AND ADDRESS OF BUSINESS ________________ _ NAME0FcoRPORAT10N ~~i s k ;+o -,4'. L L L BUSINESS LOCATION 7"' 5. 5e.c--t, ~ ...... S-\ · u.,\.·,t-6 HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE NO IF SO, WHERE. ________ UNDER WHAT NAME. ________ _ HAS APPLICANT EVER BEEN ARRESTED ':f (..S IF SO , WHERE fu .,--\-pc....- WHEN 1-1 I -1~ WHAT_WAS CHARGE .. fX?=b l~L I :h ')ll u:,-:h· IY" (& DISPOSITION ½-0 \J\L k.J) .,.--~""<-<P LIST THREE REFERENCES: NAME ADDRESS PHONE NUMBER r . us~---w~,'k q 1'-1 ~ct;ff .. Po-..+1~-----\)c....u-<-W '--t n c.,,\L -sos U,/'--(1--~~ t,t 3 O n f-4--....l o o c~ 293 • I City of Fairhope Alcoholic Beverage License Application Page-2- PLEASE SELECT TYPE OF LICENSE APPL YING FOR: Revised 09/2013 011 -PACKAGE STORE LICENSE -Allows sale of liquor, wine, or beer at Retail , TO GO --only. No one under age 21 allowed on premises. A tiquor tax of 10% City limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee . 010-LOUNGE LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on and off --consumption. No one under age 21 allowed on the premises. A liquor tax of 10% City Limits or 5% Ponce Jurisdiction Is due the 10111 of each month on the purchase price paid for all liquor for use or resale by the licensee. 031-CLUB LIQUOR LICENSE -Allows sale of liquor, wine, or beer but must meet ABC --Board's "dub" regulations. A liquor tax of 10% City Limits or 5% PoHce Jurisdiction ls due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. -/020 -RESTAURANT LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on-premises -consumption only and 51% of gross receipts must come from the sale of food. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee . 140 -SPECIAL EVENTS LICENSE __ 160 -SPECIAL RETAIL LICENSE -More than 30 days __ 040 -BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only, on and off consumption. __ 050 • BEER OFF-PREMISES LICENSE -Allows sale of Beer Only, TO GO only . __ 060 • WINE ON/OFF PREMISES LICENSE -Allows sale of Wine Only, on and off consumption. __ 070 • WINE OFF-PREMISES LICENSE -Allows sale of Wine Only, TO GO, only. 100 -WINE WHOLESALER LICENSE 210 -WINE IMPORTER LICENSE 200 -WINE MANUFACTURER LICENSE 240 • NON-PROFIT TAX EXEMPT LICENSE I STATE ALL THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ ~ 1/:ul,_3 ~(FULL NAME) DATE NOT APPROVED BY COUNCIL _:-c--___ DATE __ _ City Clerk APPROVED BY COUNCIL _____ DATE City Clerk --- .. The Chief of Police is only acquiring a background check on the owners, partners, or corporate officers of the business for the City of Fairhope. The Alabama Alcoholic Beverage Control Board does a thorough Federal and State background check before issuing the License. 294 ; ! f 1- 1 r ! ' CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36S33 251/928~2136 Revised 09/2013 5ULU-1 ,J..3 1: ''f'lk. ~/4(- ALCOHOLIC BEVERAGE LICENSE APPPLICATION PLEASE PRINT We hereby apply for a license to sell Alcoholic Beverages in the City of Fairhope or its Police Jurisdiction. We agree to abide by all applicable Ordinances of the City , or any amendments to same , and to promptly furnish all reports required by the City. APPLICANT'S NAME tlJ fhMAf 0'0\rtiv1< SSN# ___ _ AGE_ _DATE oF BIRTH _ . .PLACE oF BIRTH Gv\.f {11Ut I M~ MAILING ADDRESS JJ>1 b-~4¼,'L-Dr~ 1 r(l\( Cko\kll½tl, , M{ 14r11 HOME# __________ WORK# __________ _ CELL#_ -~__,_ ___ FAX# ___________ _ RES IDENCEADDREss 1;;111 c;t4l!k~ u~ 1 D~<< Lfovfc½?lk-, M( 3qi;-•-o NO.YEARS AT PRESENT ADDRESS f/J NO.YEARS AT PREVIOUS ADDRESS __ _ PREVIOUS ADDRESS __________________ _ NAME AND ADDRESS OF sus1NEss._l~Bf__._t<M--"".I.-'. 'r...._Mf~~~----------- [ Wt: Roal t HM 'dAPp£ 1 lh--3~'12------~4-lto NAME OF CORPORATION, _________________ _ BUSINESS LOCATION, __________________ _ HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE 'i &) 1F so. WHERE MK,; i ssi vv I / L-4 UNDER wHA r NAME ~ llliNI t 1V ,-/)11, :rur Bi i,i,; l n.t mr HAS APPLICANT EVER BEEN ARRESTED ')\-t\ JF SO , WHERE ~2ef\\e,. (,Mlft~ ( wHEN Co\ oJdi-o li-wHAT wAs cHARGE__._(_ . ....;.T_ . ...;...Jhc....· ________ _ DISPOSITION v oiil :bw LIST THREE REFERENCES : NAME ADDRESS PHONE NUMBER 295 City of Fairhope Alcoholic Beverage License Application Page-2- PLEASE SELECT TYPE OF LICENSE APPL YING FOR: Revised 09/2013 __ 011 • PACKAGE STORE LICENSE -Allows sale of llquor, wine, or beer at Retail, TO GO only. No one under age 21 allowed on premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on 1he purchase price paid for all liquor for use or resale by the licensee. __ 010-LOUNGE LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on and off consumption. No one under age 21 allowed on the premises. A liquor tax of 10% City Limits or 5% Police J urisdiction is due the 10th of each month on the purchase price paid for al I liquor for use or resale by the licensee. __ 031-CLUB LIQUOR LICENSE -Allows sale of liquor, wine, or beer but must meet ABC Board's Aclub" regulations . A liquor tax of 10% City Limits or 5% Police Jurisdiction Is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. L 020 · RESTAURANT LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on-premises consumption only and 51 % of gross receipts must come from the sale of food. A liquor tax of 10% City lirnits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee . 140 -SPECIAL EVENTS LICENSE __ 160 -SPECIAL RETAIL LICENSE-More than 30 days __ 040 -BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only, on and off consumption. __ 050 -BEER OFF-PREMISES LICENSE -Aflows sale of Beer Only, TO GO only. __ 060 -WINE ON/OFF PREMISES LICENSE-Allows sale of Wine Only, on and off consumption . __ 070 -WINE OFF-PREMISES LICENSE -Allows sale of Wine Only , TO GO, only. 100 -WINE WHOLESALER LICENSE 210 -WINE IMPORTER LICENSE 200 -WINE MANUFACTURER LICENSE 240 • NON-PROFIT TAX EXEMPT LICENSE I STATE ALL THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. K -1\Zk/g SIGNATURE~ DATE ... The Chief of Police is only acquiring a background check on the owners, partners, or corporate officers of the business for the City of Fairhope. The Alabama Alcoholic Beverage Control Board does a thorough Federal and State background check before issuing the License . 296 Revised 09/2013 PLEASE PRINT CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 ALCOHOLIC BEVERAGE LICENSE APPPLICATION We hereby apply for a license to sell Alcoholic Beverages in the City of Fairhope or its Police Jurisdiction . We agree to abide by all applicable Ordinances of the City , or any amendments to same, and to promptly furnish all reports required by the City. APPLICANT'S NAME $ 'P o 1(r-S ? l z_ J W-L. SSN#:'.__ ___ --..a.. ..... AGE-= l DATE OF BIRTH ___ ~(.PLACE OF BIRTH -s r :.>lLANt; Vv ,4 . MAILING ADDRESS fS:8 f3 ,!J 2..f L f:::t t. A-11 L HOME# __________ WORK# ___________ _ CELL# ___________ FAX# ____________ _ RESIDENCE ADDRESS L.f'S-i> f),A,<. 1.-f::::t[" A)t~ . F 1i~r£ ·36S'3 .:Z.., NO .YEARS AT PRESENT ADDRESS l J NO .YEARS AT PREVIOUS ADDRESS I:;- PREVIOUS ADDRESS (b Box l ld~ I P r . C.t..t::A 12-4 L . :5'<~?:?IJ. 7 NAME AND ADDRESS OF BUSINESS -,-b) ;u_ ¢, ½( --S :; ?o JL7 -;5· n i\ ,< JYN i) {~I L.L.- . ~ , 0 eA ·J·-r t:.12..N "S ~-1~~rzE:;-;5 d: 0 l' c N 0 c.t:N;-1 f::. TL I P I fro :1i::: J t:"d ~ 3.2. NAME OF CORPORATION __ ~..::...!:Pc....::C.::::::..J!!:7L::..!.f_<j"'.:..__-,,=b ~·1....:-Z..=-....,;.'.....;1===1 ='=' =-------- BUSINESS LOCATION d..1 '-> t:A-s't'8(.ll_51--}aEf:... $1.-t o PP t kl.La ~f:::J2... HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE Nb IF SO , WHERE ________ UNDER WHAT NAME'----------- HAS APPLICANT EVER BEEN ARRESTED N.Ll IF SO, WHERE -------- WHEN _____ WHATWAS CHARGE ______________ _ DISPOSITION _______________________ _ LIST THREE REFERENCES: NAME ADDRESS PHONE NUMBER ..Jo Di l <'...t::ur L N<f? -pl fa;or'~ - ? '7) IA.NJ::, ~1YY£..S ott, f ( ,~-pf:; ED t=, WM M h U:::::::-I r~-P~ - 297 City of Fairhope Alcoholic Beverage License Application Page-2- PLEASE SELECT TYPE OF LICENSE APPL YING FOR: Revised 09/2013 011 -PACKAGE STORE LICENSE -Allows sale of liquor, wine, or beer at Retail, TO GO --only. No one under age 21 allowed on premises. A liquor tax of 10% City Limits or 6% Police Jurisdiction Is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee . 010-LOUNGE LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on and off --consumption. No one under age 21 allowed on the premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee . 031-CLUB LIQUOR LICENSE -Allows sale of liquor, wine, or beer but must meet ABC --Board's "club" regulations. A liquor tax of 10% City Limits or 5% Police Jurisdldion is due the 10th of each , month on the purchase price paid for all liquor for use or resale by the licensee . .. / 020 -RESTAURANT LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on-premises ~ consumption only and 51 % of gross receipts must come from the sale of food . A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. 140 -SPECIAL EVENTS LICENSE __ 160 -SPECIAL RETAIL LICENSE -More than 30 days __ 040 -BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only, on and off consumption. __ 050 -BEER OFF-PREMISES LICENSE -Allows sale of Beer Only , TO GO only. __ 060 -WINE ON/OFF PREMISES LICENSE -Allows sale of Wine Only, on and off consumption . __ 070 • WINE OFF-PREMISES LICENSE-Allows sale of Wine Only, TO GO, only . 100 -WINE WHOLESALER LICENSE 210 -WINE IMPORTER LICENSE 200 -WINE MANUFACTURER LICENSE 240 -NON-PROFIT TAX EXEMPT LICENSE I STATE ALL THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ Sl~TURE (FULL NAME) DATE NOT APPROVED BY COUNCIL--:::::-::---.:-:--,---DATE __ _ City Clerk APPROVED BY COUNCIL_=----DATE __ _ City Clerk •• The Chief of Police is only acquiring a background check on the owners, partners, or corporate officers of the business for the City of Fairhope . The Alabama Alcoholic Beverage Control Board does a thorough Federal and State background check before Issuing the License. 298