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07-22-2024 City Council Agenda Packet
CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, July 22, 2024 - 6:00 PM City Council Chamber Council Members Jack Burrell Corey Martin Jimmy Conyers Jay Robinson Kevin G. Boone Invocation and Pledge of Allegiance 1. Approve minutes of 8 July 2024 Regular City Council Meeting and minutes of 8 July 2024 Work Session 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Public Hearing – Ordinance to amend Ordinance No. 1253 to consider the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance. 6. Final Adoption - An Ordinance to amend Ordinance No. 1599, Code of Ordinances to alter the Schedule of Fees for Construction and Building Permits. 7. Resolution - That the public improvements indicated herein for Planters Pointe Subdivision are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC. 8. Resolution - That the public improvements indicated herein for Battles Trace Subdivision Phase 8 are hereby accepted for public maintenance subject to the Bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and The Teachers' Retirement System of Alabama. 9. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract amendment for (Bid No. 23-030) Consulting Services for FEMA Public Assistance Management Services - Government Services with Royal Engineers & Consultants, LLC to comply with FEMA contract regulations, including a not-to- exceed annual contract amount of $500,000.00. 10. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract amendment for (Bid No. 23-031) Consulting Services for FEMA Public Assistance Management Services - Utility's Damage Projects with Royal Engineers & Consultants, LLC to comply with FEMA contract regulations, including a not-to- exceed annual contract amount of $500,000.00. Page 1 of 301 City Council Regular Meeting July 22, 2024 Page - 2 - 11. Resolution - That the City Council approves the selection by the Evaluation Team for Professional Architectural Services for (RFQ PS24-024) for the City of Fairhope 1st Responder Hurricane Safe Room Project to Adams Stewart Architects; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. 12. Resolution to award Bid No. 2023WWF-034 for the Working Waterfront and Greenspace Project to Rolin Construction, Inc. with a bid proposal not-to-exceed $9,988,379.46. The contract has been approved by the U. S. Department of Treasury, ADCNR, and City Attorney pursuant to Resolution No. 5045-24. 13. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract amendment with Thompson Engineering, Inc. for (RFQ PS001-22) Request for Qualifications Professional Landscape Architectural Services - Planning, Design, and Construction Related Services (for the Flying Creek Nature Preserve Project, formerly known as the Triangle Property) to add Construction Materials Testing and Inspection for an additional not-to-exceed cost of $14,820.23. 14. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract with Christian Preus Landscape Architecture for Professional Landscape Architectural Services for (RFQ PS24-030) for the Preliminary Vision and Budget for Bancroft Corner with a not-to-exceed amount of $12,500.00; and authorizes the transfer of FY24 budget of $12,500.00 in 001360-51410 to Professional Services 001360-50290. 15. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 24-024-2021-PWI-019) North Ingleside Drainage Repair/Improvement Project with a cost of $8,825.00 and to award Change Order No. 1 to Blade Construction, LLC. The new contract total will be $331,847.00. 16. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for On-Call Professional Engineering Services (RFQ PS24-031) for the Water/Wastewater Department Annual Contract to Dewberry Engineering, Inc.; and allows Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 17. Resolution - That the City of Fairhope approves the procurement of a Gorman Rupp T8A71S-B Self-Priming Pump for the Wastewater Treatment Plant from Jim House & Associates as sole source distributor. The cost is $29,765.00 plus freight. 18. Resolution - That the City of Fairhope approves the procurement of Scraper Blades, Parts and Installation Service for the Schreiber South Clarifier at the Wastewater Treatment Plant from Parkson as sole source and manufacturer. The cost will not-to-exceed $35,123.00. Page 2 of 301 City Council Regular Meeting July 22, 2024 Page - 3 - 19. Resolution - That the City of Fairhope approves the procurement of Flygt Model SR4660 Anoxic Zone Submersible Mixer and a Flygt Model SR4640 Anaerobic Zone Mixer for the Wastewater Treatment Plant from Jim House & Associates as sole source. The cost is $56,889.00 plus freight. 20. Resolution - That the City of Fairhope approves the procurement of Six (6) Pad Mounted Transformers from Gresco for RESTORE funded Sewer Upgrades for a not-to-exceed cost of $100,500.00. The transformers are exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). The cost will be included in the 2025 Budget. 21. Resolution - To award (Bid No. 24-050) to Surview Field Services, Inc. for Natural Gas Distribution System Leak Detection Survey for a not-to-exceed annual contract of $85,000.00. 22. Resolution - That the City of Fairhope approves the procurement of installation of the National Fitness Campaign Fitness Court® System by Nationwide Fixture Installations as a sole source installer. The installation cost is not-to-exceed $25,000.00. 23. Resolution - That the City Council hereby approves and amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum A - Boat Lift Installation at Fairhope Docks. 24. Resolution - That the City of Fairhope approves the procurement of LED Christmas Lights that are on the Omnia Partners Cooperative Contract (Contract #202329- 011) with Imperial Dade (in network with Network Distribution); and therefore, does not have to be let out to bid. The total purchase amount of $114,600.00. 25. Resolution - That the City of Fairhope approves the three year lease of the iX-7 Series Mail Machine on the Alabama Statewide Contract (Contract #MA230000003751) with Quadient, Inc., that therefore, does not have to be let out for bid; and to authorize Mayor Sherry Sullivan to sign the lease agreement. The total amount is $22,088.88 for three (3) years. 26. Public Participation – (3 minutes maximum) 27. Executive Session - To discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. 28. Adjourn Next City Council Regular Meeting - Monday, August 12, 2024, 6:00 p.m. - City Council Chambers Page 3 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-132 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of 8 July 2024 Regular City Council Meeting and minutes of 8 July 2024 Work Session AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: That the City Council approve minutes of 8 July 2024 Regular City Council Meeting and minutes of 8 July 2024 Work Session BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 4 of 301 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, 8 July 2024. Present were Council President Corey Martin, Councilmembers: Jack Burrell, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Martin called the meeting to order. The invocation was given by Reverend Amanda Dosher of St. James Episcopal Church and the Pledge of Allegiance was recited. Councilmember Burrell moved to approve minutes of the 24 June 2024, regular meeting; and minutes of the 24 June 2024, work session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. IT Director Jeff Montgomery addressed the City Council regarding the new electric vehicles; and said there was one out front for viewing. He suggested that the City put expanded range vehicles in the fleet. Councilmember Burrell commented it would be cheaper to rent a car to travel to Huntsville instead of purchasing expanded range electric vehicles. Councilmember Boone said that the “Fireworks Show” was wonderful and he appreciated the staff ’s hard work making it great. Council President Martin reiterated that the staff did a great job; and hoped everyone had a safe Fourth of July with family and friends. Councilmember Conyers introduced in writing an ordinance to amend Ordinance No. 1599, Code of Ordinances to alter the Schedule of Fees for Construction and Building Permits; and to strike out the paragraph on waivers. Due to lack of a motion for immediate consideration, this ordinance will layover until the July 22, 2024 City Council meeting. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute an Intergovernmental Service Agreement between the Baldwin County Commission and the City of Fairhope, Alabama for Parker Road Sidewalk Funding. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Page 5 of 301 8 July 2024 RESOLUTION NO. 5110-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute an Intergovernmental Services Agreement between the Baldwin County Commission and the City of Fairhope, Alabama for Parker Road Sidewalk Funding. ADOPTED ON THIS 8TH DAY OF JULY 2024 ____________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract with Goodwyn Mills Cawood for Professional Engineering Services for (RFQ PS24-020) a Gulf of Mexico Energy Security Act (GOMESA) Grant Funded Capital Improvement Project - Magnolia Beach Restoration and Stabilization Project within the existing City Park with a not -to-exceed amount of $120,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5111-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract with Goodwyn Mills Cawood for Professional Engineering Services for (RFQ PS24-020) a Gulf of Mexico Energy Security Act (GOMESA) Grant Funded Capital Improvement Project – Magnolia Beach Restoration and Stabilization Project within the existing City Park with a not-to-exceed amount of $120,000.00. DULY ADOPTED THIS 8TH DAY OF JULY, 2024 _________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 6 of 301 8 July 2024 Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution to reject all bids (Bid No. 24-052-2024-PWI- 025) for Big Mouth Gully Slope Stabilization Project and authorize the re-bid of the project under Code of Alabama 1975, Section 39-2-6(b). Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5112-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I] That the City Council to reject all bids (Bid No. 24-052-2024-PWI-025) for Big Mouth Gully Slope Stabilization Project and authorize the re-bid of the project under Code of Alabama 1975, Section 39-2-6(b). ADOPTED ON THIS 8TH DAY OF JULY 2024 ____________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-047-2024-PWI-006) to Klarman & Day General Contractors, LLC for New Concession/Bathroom Facility at Municipal Stadium with a bid proposal not-to-exceed $388,322.80. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5113-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-047-2024-PWI-006) for New Concessions/Bathroom Facility at Municipal Stadium at 555 South Section Street, City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Page 7 of 301 8 July 2024 Please see attached Bid Tabulation New Concessions/Bathroom Facility at Municipal Stadium [3] After evaluating the bids with required specifications, Klarman & Day General Contractors, LLC is now awarded (Bid No. 24-047-2024-PWI-006) for New Concessions/Bathroom Facility at Municipal Stadium with a bid proposal not-to- exceed $388,322.80. DULY ADOPTED THIS 8TH DAY OF JULY 2024 ______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 8 of 301 8 July 2024 Councilmember Burrell 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 Professional Landscape Architectural Services for (RFQ PS24-030) for the Preliminary Vision and Budget for Bancroft Corner to Christian Preus Landscape Architecture; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5114-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for Professional Landscape Architectural Services for (RFQ PS24-030) for the Preliminary Vision and Budget for Bancroft Corner to Christian Preus Landscape Architecture; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 8TH DAY OF JULY, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for (RFQ PS24-029) for Professional Engineering Services for Preliminary Engineering Services associated with PFAS remediation in Well No. 4 to Krebs Engineering; and hereby authorizes Mayor Sullivan to execute a contract with a not-to-exceed amount of $30,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 9 of 301 8 July 2024 RESOLUTION NO. 5115-24 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 PS24-029) for Professional Engineering Services for Preliminary Engineering Services associated with PFAS contamination in Well No. 4 to Krebs Engineering; and hereby authorizes Mayor Sullivan to execute a contract with a not-to-exceed amount of $30,000.00. DULY ADOPTED THIS 8TH DAY OF JULY, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-049) for D'Olive Creek Gas Main Replacement to Equix Energy Services, LLC. with a total bid proposal not- to-exceed $304,812.00. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5116-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-049) for D’Olive Creek Gas Main Replacement at 555 South Section Street, City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Equix Energy Services, LLC $304,812.00 [3] After evaluating the bids with required specifications, Equix Energy Services, LLC is now awarded (Bid No. 24-049) for D’Olive Creek Gas Main Replacement with a bid proposal not-to- exceed $304,812.00. DULY ADOPTED THIS 8TH DAY OF JULY, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 10 of 301 8 July 2024 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes Mayor Sherry Sullivan to execute a contract for (RFQ PS24-027) with Stewart Engineering, Inc. to perform On-Call Professional Engineering Services for the Electric Department projects for three (3) years, with a not-to-exceed contract amount of $75,000.00 yearly, total contract amount not-to-exceed $225,000.00 for three (3) years. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5117-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract with Stewart Engineering, Inc. for (RFQ PS24-027) On-Call Professional Engineering Services for the Electric Department projects for three (3) agreements; with a not-to- exceed amount of $75,000.00 per year, for a total contract amount of $225,000.00. DULY ADOPTED THIS 8TH DAY OF JULY, 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the submission of a grant application to the ALDOT's (Section 5310) grant in the amount of $160,000.00. The funds will be used to purchase a van/bus to replace the current 10-year-old vehicle that serves the seniors of Fairhope by providing transportation services. This is an 80/20 match with ALDOT funding $128,000.00 and the City providing a 20% match. The total cost of the van/bus is approximately $160,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 11 of 301 8 July 2024 RESOLUTION NO. 5118-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the submission of a grant application to the ALDOT's (Section 5310) grant in the amount of $160,000.00. The funds will be used to purchase a van/bus to replace the current 10-year-old vehicle that serves the seniors of Fairhope by providing transportation services. This is an 80/20 match with ALDOT funding $128,000.00 and the City providing a 20% match. The total cost of the van/bus is approximately $160,000.00. ADOPTED ON THIS 8TH DAY OF JULY, 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby accepts the $20,000.00 gift to the City of Fairhope from the Fairhope Arts & Crafts Festival Foundation for Arts Alley to stain the Parking Garage and allow them to put their logo on it. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5119-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby accepts the $20,000.00 gift to the City of Fairhope from the Fairhope Arts & Crafts Festival Foundation for Arts Alley to stain the Parking Garage and allow them to put their logo on it. Adopted on this 8th day of July, 2024 ______________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 301 8 July 2024 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that City Council hereby authorizes Mayor Sherry Sullivan to enter into a rental agreement with Mobile County Aquatic League for use of the City's municipal pool facility for their Swim meet scheduled on July 27, 024 and July 28, 2024. The pool rental fee shall be $2,000.00 ($1,000.00 per day) plus cost of Lifeguards in the amount of $3,000.00 (1,500.00 per day) for two days. Mobile County Aquatic League shall name the City as an additional insured on its policy and shall execute a hold harmless/indemnity agreement with the City. Seconded by Councilmember Burrell , motion passed unanimously by voice vote. RESOLUTION NO. 5120-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That City Council hereby authorizes Mayor Sherry Sullivan to enter into a rental agreement with Mobile County Aquatic League for use of the City's municipal pool facility for their Swim meet scheduled on July 27, 024 and July 28, 2024. The pool rental fee shall be $2,000.00 ($1,000.00 per day) plus cost of Lifeguards in the amount of $3,000.00 (1,500.00 per day) for two days. Mobile County Aquatic League shall name the City as an additional insured on its policy and shall execute a hold harmless/indemnity agreement with the City DULY ADOPTED THIS 8TH DAY OF JULY , 2024 ________________________________ Corey Martin, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell moved to approve the recommendation of the Recreation Board requesting the City Council approve the Recreation Board Five- Year Plan (2024 – 2029). Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Councilmember Robinson moved to approve the recommendation of the Recreation Board requesting the City Council to purchase the Recreation Property in Barnwell in the next budget year. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 13 of 301 8 July 2024 Councilmember Burrell moved to approve the recommendation of the Street & Traffic Control Committee requesting the City Council to purchase two additional traffic calming signs. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items: 1) Doug Greengard, 311 Wakefield, addressed the City Council regarding Public Participation removal request by Council President Martin and the Prism Event at the Civic Center. Mr. Greengard stated the law was broken pursuant to Article X. 2) Dev Wakeley, 8856 Lake View Drive, addressed the City Council regarding the public transit bus and said it is a vital and wise use for public funds. He stated this is a good deal with the 5310 funds; and suggested long-term plan would be to expand public transportation. 3) Andrew Mullek, 20760 Lacy Road in Silverhill, addressed the City Council regarding Prism United event at the park. He said that during the month of May many groups prayed about this event; and on June 1, 2024 an EF-1 tornado hit that area. Mr. Mullek also addressed the Drag Show held at the Civic Center; and called it a sexual event. He said an ordinance to prevent these events was sent to the City Council. 4) Debbie Greengard, 311 Wakefield, addressed the City Council and read a press release was read from the Coalition; and also said Article X law is being broken. 5) Carol Wilson, 489 Bartlett Avenue, addressed the City Council regarding the Alabama Public Library Service new policy. She said we need to make policies governing books for minors. Ms. Wilson stated minors are under 18; and we should put minor cards in our policies. She read a resolution from the Coalition. 6) Charles Wilson, 489 Bartlett Avenue, addressed the City Council and mentioned the City Attorney asked who he was. He told City Attorney Marcus McDowell that he was a Christian, minister, retired banker, member of 8 to 9 social conservative Christian groups. He stated that the Fairhope Public Library Board has no written policy as of today. 7) Edward Bals, 502 Calibre Street, addressed the City Council and said he retired here 13 years ago because it was a conservative State. Mr. Bals said he was in law enforcement for 33 years: 3 years as a State Investigator and 30 years as a Drug Enforcement Officer. Mr. Bals said once you open the door you are going to have problems. At the request of the City Attorney, Marcus E. McDowell, the City Council will rise from the meeting to go into Executive Session based on Alabama Code § 36- 25A-7(a)(3) to discuss pending and potential litigation; and § 36-25A-7(a)(6) to discuss the consideration the City is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property. The discussions could have a detrimental effect upon the competitive position of the City in the negotiations if the matter was discussed in public. Page 14 of 301 8 July 2024 The approximate time to be in Executive Session is 45 minutes. Councilmember Burrell moved to go into Executive Session. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Exited the dais at 6:55 p.m. Returned at 7:46 p.m. Councilmember Robinson moved to adjourn the meeting. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:46 p.m. Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 15 of 301 STATE 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, 8 July 2024. Present were Council President Corey Martin, Councilmembers: Jack Burrell, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Council President Martin called the meeting to order at 4:30 p.m. The following topics were discussed: • The first item on the Agenda was the Discussion to amend Ordinance No. 1559, Code of Ordinances to alter the Schedule of Fees for Construction and Building Permits. Building Official Erik Cortinas addressed the City Council and explained the changes in the Schedule of Fees. The consensus of the City Council was to strike the waiver of the fees completely, so that requests for waivers would be sent to the City Council to determine. • The next item on the Agenda was the Discussion to amend Ordinance No. 1575, an Ordinance repealing and replacing Ordinance No. 1438 and Ordinance No. 1488 to protect the Public Health, Safety and Welfare by providing Policy and Procedure for Park Usage within the City of Fairhope. Community Affairs Director Paige Crawford addressed the City Council and explained the changes. She commented that this is housekeeping for the Parks; and suggested two events per calendar year for rentals. Ms. Crawford recommended fee increases and no subleasing of rentals. Councilmember Burrell suggested possibly having different fees for each park rental. Ms. Crawford reminded everyone about South Beach construction. She asked the City Council to think about different rates for residents and non-residents. • The Discussion of the Annexation Handbook Update was next on the agenda. Planning Director Hunter Simmons addressed the City Council and said we could do the annexation policy and maps in-house. Councilmember Burrell questioned what could not be handled in-house. Council President Martin said we need to square off and see who we are; and this is vital to our growth. Councilmember Robinson agreed but we need to educate the public; and this will help manage growth. Council President Martin commented we do not want to force anyone to annex. Councilmember Boone stated we cannot make anyone annex and we are not the size that can. • Councilmember Burrell announced the Airport Authority meets tomorrow. • Councilmember Boone announced the Harbor Board meeting is Wednesday, July 10, 2024. Councilmember Burrell said he met with Mayor Sullivan and Recreation Director Pat White regarding Fairhope Docks; and said some lessees want to make improvements at Fairhope Docks; i.e., boat lifts and renovations. Page 16 of 301 Monday, 8 July 2024 Page -2- • IT Director Jeff Montgomery addressed the City Council and said he would be speaking during the Mayor’s Comments about the new EV Mustangs. • City Engineer Richard Johnson addressed the City Council and gave an update on the Paving Project. He addressed Agenda Items No. 6, No. 7, No. 8, No. 9, and No. 10; and answered any questions if needed. • Recreation Director Pat White addressed the City Council regarding Agenda Items No. 16, No. 17, and No. 18; and answered any questions if needed. Council President Martin said we need to add the fees for lifeguards in the resolution and put total of $5,000.00. • Community Affairs Director Paige Crawford addressed the City Council regarding Agenda Item No. 14; and answered any questions if needed. • Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Item No. 12; and answered any questions if needed. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Item No. 11; and answered any questions if needed. • Electric Superintendent Ben Patterson addressed the City Council regarding Agenda Item No. 13; and answered any questions if needed. • Councilmember Jack Burrell addressed the City Council regarding Agenda Item No. 19; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 5:50 p.m. _________________________________ Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 17 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-516 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Ordinance – Amend Ordinance No. 1253 to consider the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: City Council approve Ordinance – Amend Ordinance No. 1253 to consider the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 18 of 301 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, is changed and altered as described below; WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments relate to the Medical Overlay District; and, WHEREAS, after the appropriate public notice and hearing of ZC 24.03, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA; 1. THAT, Article V, Section H.3.G. MO – Medical Overlay District, be hereby amended to read as follows: 3. District Classification – The following overlay district is hereby established: Medical Overlay District-MO. Uses and standards allowed in this district shall be as follows: G. Development Standards. (1) The B-4 (Business and Professional District) development standards and area and dimensional requirements shall apply in this district: (2) Any residential, hotel, dormitory, nursing home or convalescent use shall not exceed the density established for the R-5 (High Density Multi-Family Residential District) at a minimum lot area of 10,500 square feet for two dwelling units plus 4,100 square feet for each additional unit / 10 units per acre maximum. (3) No building or portion of a building visible from a public street or right of way shall be exposed metal. A façade of some type or material shall be used to visually screen the metal from the public street or right of way. (4) The existing medical center (Thomas Hospital) contains buildings that may not conform to the area and dimensional requirements of B-4 (Business and Professional District). New Buildings or expansions to the existing medical center (Thomas Hospital) providing 24 hour medical, psychiatric, obstetrical, or surgical care shall be allowed to align with the height and building lines of existing buildings provided that all other local, county, and state requirements are met. This exemption does not apply to ancillary buildings that may include, but are not limited to, administrative offices, physician offices, outpatient services, and maintenance facilities. Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. Page 19 of 301 Ordinance No. ______ Page -2- ADOPTED THIS 22ND DAY OF JULY, 2024 ______________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 22ND DAY OF JULY, 2024 ______________________________ Sherry Sullivan, Mayor Page 20 of 301 City of Fairhope Planning Commission June 3, 2023 The following is a proposed amendment to change and alter the City of Fairhope Zoning Ordinance. The Planning Commission will review the proposed language and take one of the following actions: (a)Recommend approval to the City Council; (b)Recommend approval to the City Council, conditioned on specific revisions; (c)Recommend denial to the City Council; or (d) Continue discussion of the proposed amendments for further study. Any zoning amendment must be approved by the City Council. During the Planning Commission Hearing, as well as the City Council Hearing, all persons shall have an opportunity to be heard in opposition to or in favor of the proposed amendment. Comments may also be emailed to planning@fairhopeal.gov. ZC 24.03 Zoning Amendments Planning Commission unanimously (7 Ayes, 0 Nays) voted to recommend approval of ZC 24.03. Page 21 of 301 Article V Section H. Special Districts Medical Overlay District H. MO-Medical Overlay District 1. Intent – The intent of the Medical Overlay (MO) District is to establish and provide for the logical expansion of medical office needs to accommodate the growing community and region. Medical uses vary in need and impacts on the community. The MO District is also intended to establish and accommodate highly- specialized, unique uses and development types related to the medical field and to accommodate additional specialized needs and growth of the medical field and community. It is the express intent of this MO district surrounding the existing medical center to be as generous as possible in permitted uses while at the same time maintaining a clean, attractive community that provides an extension of the medical office needs for medical practices and appropriate facilities for the medical community it serves. Property located within the MO District is permitted the use allowed by right of the underlying zoning district. The provisions relating to nonconformities in Article VII of the Zoning Ordinance shall apply to all properties within this MO District. 2. Location – By virtue of its location to an existing medical center (Thomas Hospital), it is intended that this district be allowed for future expansion to the following boundaries: North to parcels abutting the south side of Morphy Avenue, South to those parcels that are in the City of Fairhope abutting the north side of Greeno Lane, East to parcels abutting the west side of Greeno Road, and West to parcels abutting the east side of South Ingleside Street. 3. District Classification – The following overlay district is hereby established: Medical Overlay District-MO. Uses and standards allowed in this district shall be as follows: A. Permitted Uses: The following uses and structures are permitted in this district: (1) Medical offices (2) Hospitals and nursing homes (3) Medical and dental clinics (4) Laboratories for medical and dental uses (5) Funeral homes (6) Animal hospitals, provided the boarding of animals occurs in completely enclosed buildings (7) Child and adult day care facilities and group home facilities (8) Adult congregate living facilities (9) Helistop in conjunction with hospitals (10) Emergency services (11) Parking structures (12) Colleges and universities (13) Vocational, trade or business schools with all associated uses including dormitory facilities related to the medical field (14) Essential services (15) Hospital related out-patient services (Ambulatory Surgery and Diagnostic Clinics) (16) Independent Living Facilities (17) Bed and Breakfast Facilities to accommodate families of patients (18) Retail business which sell, lease and repair prosthetic or ambulatory devices used for patient rehabilitation, mobility or installation/modification of handicap unique support aids (19) Places of Worship (20) Mixed use with residential – The residential use shall make up at least 33% of the total area of the building and be located on the upper floors only. B. Permitted Accessory Uses and Structures. (1) Uses and structures which are customarily incidental and subordinate to permitted uses (2) Such other uses as determined by the Zoning Official or his/her designee to be: a. Appropriate by reasonable implication and intent of the district b. Similar to another use either explicitly permitted in that district or allowed by special exception. Page 22 of 301 Article V Section H. Special Districts Medical Overlay District C.Uses Permitted Subject to Appeal and with Conditions. (1)Commercial communication towers (2)Detoxification centers and substance abuse centers associated primarily with the primary medical facility (3)Retail, restaurant, personal services, branch banks, offices, conference facilities, clinics and similar workplace support uses when within any individual structure, gross floor area shall be limited to 10 percent of the total gross floor area (4) Crematorium D.Prohibited Uses and Structures. (1)Any use or structure not specially, provisionally or by reasonable implication permitted herein. (2)Automotive repair garages, pool halls and game rooms (3)Gasoline or diesel filling stations shall not be located within 100 feet from in-patient care or treatment facilities E.General Requirements. Buildings shall comply with the following provisions: (1)Buildings shall comply with all applicable Site Design Standards in Article IV of the Zoning Ordinance and all other applicable City regulations and review standards not specified in this section. (2)Mixed-use buildings shall be vertically mixed in use. Retail uses shall be placed at street level. F.Special Exceptions. (1)Research and development (2) Hotel (3) Crematoria (4)And any such other uses as deemed appropriate in the district by the Planning Commission. The Planning Commission shall review a proposed use at the time the special exception application is presented to the Planning Commission according to the submittal deadlines and meeting dates established by the Planning Commission. G.Development Standards. (1) The B-4 (Business and Professional District) development standards and area and dimensional requirements shall apply in this district: (2)Any residential, hotel, dormitory, nursing home or convalescent use shall not exceed the density established for the R-5 (High Density Multi-Family Residential District) at a minimum lot area of 10,500 square feet for two dwelling units plus 4,100 square feet for each additional unit / 10 units per acre maximum. (3)No building or portion of a building visible from a public street or right of way shall be exposed metal. A façade of some type or material shall be used to visually screen the metal from the public street or right of way. (4)The existing medical center (Thomas Hospital) contains buildings that may not conform to the area and dimensional requirements of B-4 (Business and Professional District). New Buildings or expansions of existing buildings providing 24 hour medical, psychiatric, obstetrical, or surgical care shall be allowed to align with the height and building lines of existing buildings provided that all other local, county, and state requirements are met. This exemption does not apply to ancillary buildings that may include, but not limited to, administrative offices, physician offices, outpatient services, and maintenance facilities. *Proposed language in red was revised by Planning Commission and is reflected in the proposed ordinance Page 23 of 301 MORPHY AVE SPRING RUN D R GREENO RDHAWTHORNECIR GREENO RD SS INGLESIDE STPLEASANTAVELOTTIE LNBERGLIN STMIDDLE ST NATHANIELAVE BOSBY LN INGLESIDE AVENICHOLSAVE EXT S GRAND BLVDHOSPITAL DR HOSPITAL DR P ORTER LN MITCHELL PLAUTUMN DR SPRINGPARKDRGREENO LN WINDSOR DR S W IN DSOR DRN NICHOLS AVE PROFESSIONAL PARK DRREILLYCIR M C D O N A L D L N MELVIN LN NORTHROP ST CARROLLPLACEDRCOMMERCIAL PARK DRLLOYD LN MEDICAL PARK DR HORN LN Legend RoadMedical Overlay DistrictParcelZoningDistrictB-2 - General Business DistrictB-3b - Tourist Resort Commercial Service DistrictB-4 - Business and Professional DistrictM-1 - Light Industrial DistrictP-1 - ParkingR-1 - Low Density Single-FamilyR-2 - Medium Density Single-FamilyR-3PGH - Patio/Garden Single-FamilyR-4 - Low Density Multi-Family ^ µ Exhibit A City of FairhopeMedical Overlay District Page 24 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-538 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: An Ordinance to amend Ordinance No. 1599, Code of Ordinances to alter the Schedule of Fees for Construction and Building Permits. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: The City Council to adopt an ordinance to amend Ordinance No. 1599, Code of Ordinances to alter the Schedule of Fees for Construction and Building Permits. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 25 of 301 ORDINANCE NO. ______ AN ORDINANCE TO AMEND ORDINANCE NO. 1599, CODE OF ORDINANCES TO ALTER THE SCHEDULE OF FEES FOR CONSTRUCTION AND BUILDING PERMITS. WHEREAS The City of Fairhope desires to ensure proper construction standards are utilized to provide for adequate health, public safety, and welfare of our citizens; and, WHEREAS, The City of Fairhope desires to be competitive in the user fees charged so as to adequately cover the expenses incurred by the City in enforcing established construction standards; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, the following schedule of user charges are hereby adopted: New Construction Permit Fees Fees residential commercial Building Permit Fee $6.00 per $1000.00 of project value (minimum of $100.00) $6.00 per $1000.00 of project value (minimum of $100.00) Electrical Permit Fee $75.00 $1.00 per $1000 of project value (minimum of $100.00) Temporary Elect. Fee $25.00 $25.00 Plumbing Permit Fee $75.00 $1.00 per $1000.00 of project value (minimum of $100.00) Mechanical Permit Fee $75.00 $1.00 per $1000.00 of project value (minimum of $100.00) Security/Structured Wire/ Fire Alarm stand alone permit $25.00 $ .50 per $1000.00 of project value (minimum of $50.00) Fire Suppression hood (stand alone project) N/A $1.00 per $1000.00 of project value Sprinkler System $50.00 $1.00 per $1000 of project value Food Truck Inspections N/A $50.00 Generator $100.00 $5.00 per $1000.00 of project value, (minimum of $200.00) Sewer Tap Inspection Fee $25.00 $50.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Fee determined by Gas Dept (Ordinance 1701) Plan Review Fee $75.00 (For informal reviews with no contractor of record listed, a review fee of $200.00 may be charged) $2.50 per $1000.00 of project value (For informal reviews, fee may be charged as calculated using the ICC Building Code Valuation Tables. 3rd party reviews shall be either the cost of the review or the standard charge of $2.50/$1000, whichever is greater) Fence Permit Fee $5.00 per $1000.00 of value (min $25.00) $5.00 per $1000.00 of project value (minimum of $50.00) Sign Permit Fee N/A $5.00 per $1000.00 of project value (minimum of $50.00) New Construction Permit Fees Fees residential commercial Demolition Permit Fee $25.00 $25.00 $50.00 Reinspection Fees $100.00 for the first reinspection, $200.00 for the second reinspection, $300.00 for the third reinspection. Roofing Permit Fee $5.00 per $1000.00 of project value (minimum of $25.00) $5.00 per $1000.00 of project value (minimum of $50.00) Swimming Pool Fees $50.00 $100.00 $100.00 $250.00 Page 26 of 301 Ordinance No. ________ Page -2- Remodeling Permit Fees (residential and commercial) Fees Project value $0.00 - $5,000.00 Project Value $5,001.00 - $20,000.00 Building Permit Fee $25.00 $5.00 per $1000.00 of project value (residential) $6.00 per $1000.00 of project value (commercial) Electrical Permit Fee $25.00 $35.00 Temporary Elect. Fee $25.00 $25.00 Plumbing Permit Fee $25.00 $35.00 Mechanical Permit Fee $25.00 $35.00 Sewer Tap Inspection Fee $25.00 $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Fee determined by Gas Dept (Ordinance 1701) Fees $20,001.00 - $50,000.00 $50,001.00 - above Building Permit Fee $5.00 per $1000.00 of project value (residential) $6.00 per $1000.00 of project value (commercial) $5.00 per $1000.00 of project value (residential) $6.00 per $1000.00 of project value (commercial) Electrical Permit Fee $50.00 new construction rates Temporary Elect. Fee $25.00 new construction rates Plumbing Permit Fee $50.00 new construction rates Mechanical Permit Fee $50.00 new construction rates Sewer Tap Inspection Fee $25.00 new construction rates Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Fee determined by Gas Dept (Ordinance 1701) Right of Way Permit Fee Fee determined by Public Works Dept (Ordinance 1757) Fee determined by Public Works Dept (Ordinance 1757) Building Moving Permit Fees Building Moving Permit $50.00 Required Police Escort $300.00 (minimum) Required Utility Department Work $120.00 per hour (minimum of 3 hours) Regulations governing the moving of existing buildings are outlined in City Ordinance 1035 A convenience fee for all credit cards charges may apply and will be assessed directly by the credit card processing vendor. FINES AND PENALTIES Where work for which a permit is required by this Code is started or proceeds prior to obtaining a permit, the fees herein specified shall be doubled. The payment of such double fees shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. Fine for continuing work without approved inspections $500.00 fine per occurrence may be assessed to the applicant or contractor of record for beginning or continuing work without approved permits or inspections, as determined by the Building Official. After the 2nd documented case, further permit submittals from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court. Page 27 of 301 Ordinance No. ________ Page -3- Fine for submitting incorrect contractors on a permit application $100.00 fine per occurrence may be assessed if an inspection is scheduled and performed with an incorrect subcontractor listed on the permit, as determined by the Building Official. There will be no fine or charge for contractor changes submitted to the Building Department prior to any inspection being performed. Occupying a Structure without a Certificate of Occupancy (CO) $500.00 fine may be assessed to the applicant or contractor of record if a structure is occupied prior to the issuance of a CO, as determined by the Building Official. Separate fines may be assessed for each day of occupancy without a CO. After the 2nd documented case, further permit applications from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court. Refund Policy Building Permit fees of $200.00 or greater may be refunded within 180 days of the expiration of the permit if no work has taken place. The refund policy only applies to primary building permit and Impact Fees, and a written request to refund the fees and void the permit must be submitted by the permit applicant. An administrative fee of $50.00 will be deducted from the amount of the refund to be issued. 2. SEVERABILITY CLAUSE, If any subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 3. EFFECTIVE DATE, This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 22ND DAY of JULY 2024 __________________________________ Corey Martin, Council President ATTEST: ___________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 22ND DAY of JULY 2024 __________________________________ Sherry Sullivan, Mayor Page 28 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-559 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Public Improvements for Planters Pointe Subdivision for Public Maintenance Subject to the Bond Posted AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: The City Council to approve the resolution for the public improvements indicated herein for Planters Pointe Subdivision are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 29 of 301 RESOLUTION NO. _______ WHEREAS, the Owners of Planters Pointe Subdivision desire to have all public streets and public right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2954-B, and all Fairhope public utilities located in public right- of-ways and as specifically shown in easements on the recorded plat accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements, and; WHEREAS, the Public Works Director has indicated that the improvements meet City requirements, and; WHEREAS, the City of Fairhope, Alabama, has received from the owners of Planters Pointe Subdivision, the subdivision performance bond for the public improvements constructed for a period of 2 years, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Planters Pointe Subdivision are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC (the “Subdivider”). BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public streets, or any irrigation systems installed within the right-of-way of public streets, whether or not such may be located within dedicated easements in any of these developments. Adopted this 22nd day of July, 2024 _____________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 30 of 301 MAINTENANCEANDGUARANTYAGREEMENTTHISMAINTENANCEAJ’JDGUARANTYAGREEMENT(this“Agreement”)ismadeandenteredintobyandbetweenCorte.Cave/Mitchell1.LLC(the“Subdivider”),andtheCityofFairhope,Alabama(the“CityofFairhope”)(the“City”)(theSubdivider,andtheCityaresometimeshereinafterreferredtosingularlyasa“Party”andcollectivelyasthe“Parties”),onthefollowingrecitals,terms,andconditions:WHEREAS,theSubdivideristhedeveloperofPlantersPointeSubdivision(the“Subdivision”),whichSubdivisionisrecordedasInstrumentNumber_______intherecordsoftheOfficeoftheJudgeofProbateofBaldwinCounty,Alabama;WHEREAS,itiscontemplatedthatpriortotheCityacceptingformaintenancethosecertainitemssetforthonExhibit“A”attachedhereto(the“Improvements”),theSubdividerwillberesponsibleformaintainingtheImprovementsforaperiodoftwo(2)years(the“MaintenancePeriod”)fromandaftertheEffectiveDate(hereinafterdefined),andthattheImprovementswillbefreefromdefectsarisingduringtheMaintenancePeriod,orthereafterincertaincircumstancesasspecifiedinthisthisAgreement;NOW,THEREFORE,inconsiderationofthepremisesandthemutualcovenantscontainedherein,thereceipt,adequacyandsufficiencyofwhichareherebyacknowledged,thepartieshereto,intendingtobelcgallybound,doherebycovenantandagreeasfollows:1.Recitals.TheaboverecitalsshallbeincludedaspartofthisAgreementasnecessarycontingenciesandasiffullysetforthherein.2.MaintenanceandGuarantiofImprovements.TheSubdividershallmaintaintheImprovementsduringtheMaintenancePeriodandshallkeeptheImprovementsingoodandworkingorder,normalwearandtearexcepted.TheSubdividerherebyguaranteesandwarrantstheImprovementsandtheworkmanshipassociatedwiththeconstructionandinstallationoftheImprovementsuntiltheexpirationoftheMaintenancePeriod,andthereafterasspecifiedbelow.IntheeventanydefectintheImprovementsand/ortheworkmanshipassociatedwiththeconstructionandinstallationoftheimprovements(a“Defect”)arises,inwholeorinpart,duringtheMaintenancePeriod,theSubdividershallberesponsiblecorrectingthesame.DuringtheMaintenancePeriodtheSubdividershallmonitorandinspecttheImprovementsandshallremedyanyDefectofwhichitinanymannerbecomesawarewithintendaysofbecomingsoaware,exceptthatintheeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.Notlessthan30daysormorethan60daysbeforeexpirationoftheMaintenancePeriodtheSubdividershallschedulewiththeCity’sBuildingOfficial,orhisdesignee,ajointinspectionoftheImprovementsbytheSubdividerandCity.TheCitywillgivetheSubdivideraNoticeofDefectsidentifiedasaresultofsuchinspectionwithin15daysoftheinspection.AnyandallDefect(s)soidentifiedbytheCityshallberemediedbytheSubdividerwithintendaysoftheNoticeofDefects,exceptthatinPage1of52132202Page 31 of 301 theeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.However,anyandallDefectsidentifiedbytheCityshallbecomplete’yremedied,tothecompletesatisfactionoftheCity,priortoacceptanceoftheImprovementsbytheCity.Additionally,intheeventotherDefectsariseafterexpirationoftheMaintenancePeriod,butpriortoallDefectsidentifiedbytheCityintheNoticeofDefectsbeingcompletelyremediedbytheSubdivider,theSubdividershallberesponsibleforremedyingsuchotherDefect(s),inlikemannerassetforthabove,priortotheCityacceptingtheImprovements.itistheintentofthisAgreementthattherebenoDefect(s)intheImprovementsatthetimetheCityacceptsthesame.3.FinancialGuarantyofPerformance.AsaconditiontotheCityagreeingtoenterintothisAgreement,theSubdividershallprovidetheCitywithanacceptablesurety/financialguaranteeof.thepaymentandperformanceofitsobligationshereunder(the“Guaranty”).TheGuarantyshallbeprovidedbyasuretyandshallbeinaformthatisacceptabletotheCityinitssoleandabsolutediscretionandshallbeinanamountof$387,709.88.Intheeventtheforegoingconditionprecedentis.notsatisfiedwithinThirty(30)daysoftheEffectiveDate,theobligationoftheCitytoaccepttheImprovementsformaintenanceunderSection4hereofshallterminateandbeofnofurtherforceoreffect.4.CitytoAcceptImprovementsforMaintenance.tJponexpirationoftheMaintenancePeriod,andprovidedthattheSubdividerhasfullyperformedunderthisAgreement,theCityshallacceptmaintenanceoftheImprovements.5.FailuretoPerform.IntheeventtheSubdividershallfailinwholeorinparttoperformanyterm,covenantorconditionofthisAgreementorintheeventofaDefect(a“Default”),theCitymayissueawrittennoticeofdefaulttotheSubdivider(a“NoticeofDefault”).IftheSubdividerhasnotcuredtheDefaultwithinten(10)daysofitsreceiptoftheNoticeofDefault,theCityshallhavetherighttotakeanyorallofthefollowingactions:(a)complete/remedyanyDefault,including,withoutlimitation,therighttocureanyDefect,atthesolecostandexpenseoftheSubdivider;(b)callonorotherwiseexerciseitsrightsundertheGuaranty;and/or(c)exerciseanyotherrightorremedyavailabletotheCityatlaworinequity,includingtherighttopursueandobtainspecificperformance.IntheeventtheCityexercisesanyoftheforegoingrightsandexpendsanyfundsinconnectiontherewith,theSubdividershallreimbursetheCityforanysuchexpendedfundswithinten(10)daysofdemandforsuchfundsbytheCity.AnyfundsnotsoreimbursedbytheSubdividerwithinsaidten(10)dayperiodshallthereafteraccrueinterestattherateoftwelvepercent(12%)perannum.Page2of5Page 32 of 301 6.LegalCompliance.TheSubdividershall,atitsownexpense,complywithallapplicablelaws,ordinances,regulations,rulesandorders,whetherfederal,stateorlocal,oranyregulationofanygovernmentalbodyhavingjurisdictionovertheSubdivisionortheSubdividerwithrespecttothemaintenanceandrepairoftheImprovements,regardlessofwhentheybecomeeffective.TheSubdividershallnotuse,norpermittheuseoftheImprovementsforanypurposeinviolationofsuchlaws,regulations,rulesororders.TheSubdividerrepresentsandwarrantstotheCitythattheSubdividerisactingwithfullandlegalauthoritywithrespecttotheImprovements.7.indemnification.TheSubdividershallindemnify,defendandholdharmlesstheCityanditsaffiliates,electedofficials,employees,agents,representatives,contractors,subcontractors,licenseesandinviteesfromandagainstanyandallclaims,violationsoflaw,demands,liabilities,damages,losses,judgments,costs,andexpensesincluding,withoutlimitation,attorneys’fees,arisingoutoforotherwiserelatedtoanyapprovaloractivityconductedby,oranyactoromissionof,theSubdividermadeortakenpursuanttothisAgreement.8.ResponsibilityForAgen.TheSubdividershallberesponsibleforcompliancebyitsengineers,architects,contractors,subcontractors,employees,agents,andrepresentatives(collectively,the“Representatives”)withthetermsofthisAgreementandforallactsoromissionsbyanyoralloftheRepresentativesrelatingtotheobligationsoftheSubdividerherein.9.iggmeit.TheSubdividershallnothavetherighttoassignthisAgreementoranyrightsorobligationshereunderwithouttheCity’spriorwrittenconsent,whichconsentmaybewithheldinthesoleandabsolutediscretionoftheCity.Anyattemptedassignmentshallbevoid.NoassignmentshallrelievetheSubdividerofitsliabilitiesandobligationsherein.10.Agency.ItisneithertheexpressnortheimpliedintentofthePartiestocreateanagencyrelationshippursuanttothisAgreement;therefore,anyactionsofthePartiesshallnotbeconsideredorimpliedtocreatesuchagency.11.NoWaiver.ThefailureoftheCitytoinsistuponastrictperformanceofanyoftheterms,conditionsandcovenantshereinshallnotbedeemedawaiverofanysubsequentbreachordefaultintheterms,conditionsandcovenantshereincontained.12.EntireAgreement.ThisAgreementembodiestheentireagreementandunderstandingofthePartieswithrespecttotheconstructionoftheImprovementsandtherearenofurtherorprioragreementsorunderstandings,writtenororal,ineffectbetweenthePartiesrelatingtothesubjectmatterhereof.13.NoEndorsement.TheCityinnowaywhatsoeverisdeemedtohaveapproved,provided,given,orallowedtobegivenanyauthorization,endorsement,approval,orconsentofthebusinesspractices,actionsorbehavioroftheSubdivider.ThisAgreement,and/ortheproceduresapprovingthesame,isnowaytobeconsideredasasubstituteforanyregulations,Page3of5Page 33 of 301 procedureorotherrequirementoftheCity.ItisthesoleresponsibilityoftheSubdividertocomplyortoensureitsowncompliancewithanylocal,state,orfederallaworregulation.14.GoverningLaw.ThisAgreementshallbegovernedbyandconstruedinaccordancewiththelawsoftheStateofAlabama,withoutregardtoitsconflictsoflawprinciples.15.ev’sFees.IntheeventtheCityinitiateslitigationoranyotherlegalproceedingforpurposesofenforcingitsrights,dutiesandobligationshereunderandistheprevailingpartyinanysuchlitigationorotherlegalproceeding,theCityshallbeentitledtotherecoveiyofitsattorney’sfeesinadditiontoanyotherremedyprovidedhereunder.16.ounterparts.ThisAgreementmaybeexecutedinoneormorecounterpartsandbythedifferentpartiesheretounderseparatecounterparts,anyoneofwhichneednotcontainthesignaturesofmorethanoneparty,butallofwhichwhentakentogethershallconstituteoneandthesameinstrumentnotwithstandingthatallpartieshavenotsignedthesamecounterparthereof.17.jjcgjn’s.ThesectionheadingscontainedinthisAgreementareinsertedasamatterofconvenienceandshallnot,affectinanywaythe,constructionofthetermsofthisAgreement.18.EffectiveDate.Asusedherein,theterm“EffectiveDate”meansthedateofexecutionofthisAgreementbytheMayoroftheCityassetforthbelow.INWITNESSWHEREOF,theParties,havingfullauthoritytodoso,havefullyexecutedthisAgreementbyandthroughtheirrespectivedulyauthorizedrepresentativesasofthelastdateofexecutionbelow.Corte,CavtehellBy:Name:4.2c.’e-Asits:Co.11Date:_________________THECITYOFFAIRHOPE,ALABAMABy:,,,,,____AsItsMayorDate:______ATTEST:______________CityClerkPage4of5Page 34 of 301 EXHIBIT“A”TheImorovenientsThefollowinglistofitemsareincludedin“TheImprovements”:EstinntedItemNo.ItemUnitQuuntityUnitPriceTotalCRUSHEDACIG.BASECOURSE,TYPEB,PlANT301-AlMIXED,6”COMPACtEDTHICKNESSSY2,766$13.00$35,958.00405-ATACKCOATGAL307$2.50$767.5(SUPERPAVEBITUMINOUSCONCRETEWEARINGSURFACEJAYER,112MAX.AGGREGATESIZE424-AMDESALRANGECID—TON231S125.00$28,875.0SUPERPAVEBITUMINOUSCONCRETEUPPERBINDERLAYER,3/4”MAX.AGGREGATESIZEMIX424-BESALRANGECJDION312$135.0042,120.C530-A18”STORMSEWERPIPE(CI.ASSifiRC.)LF166$55.009,130.C610-ALOOSERIPRAP,ClASS2,24’THICKSY1$75.00750.610-DFILTEBLANKET,(E)TE)C1’ILESY$44618-AlCONCRErESIDEWALK,4”THICKSY36$‘16.619-A18”ROADWAYPIPEENDTRFATMB.JT.CLkSSIEACH$1,8501,50621-CTYPE“S’INLET’,1WING-.EACH5,511,000621-CTYPE“S’INLET’,2WINGEACI36,50013.000623-BCOMBINATIONCURB&GUTtERLF1,94—________$31.20650-ATOPSOIL(FROMSTOCKPILE)CY150$1,5654-ASOUl)SODDINGSY1,2006S7,200701-ASOLIDW1{ITE,CLASS1,TYPEA,TR.AFFICSTRIPELF75$2.25$1,687703-ATRAICCO1’ITROLMARK1NGS,CLASS1,TYPEASF684$7.50$5,13641-A66”Dl(C900)WATERPIPELF48S63.00$30,80700641-A76”DT(C900)SANITARYPIPELF1,08$63.00$68,040641-A78”PVC(C900)WATERPIPELF492.00S3,864641-A80’PVC/DIWATERPIPELF2,472148.00$365,856.00641-A92”DIWATERPIPE1.F1,406233.00327,598.00DUCTiLEIRONFT1N((INCLUDESRETAINER641-CGLANDS).POUND7,50018.00135,000.OQ641-DFIREHVDRANrSEACH$5,525.0049,725.00641-J26’GATEVALWSWITHI3OXEACH9$2,674.0024,066.00641-34I0GATEVALVESWITHBOXEACH6$S,62Z0033,762.00641-3412”GATEVALVESWITHBOXEACH$7,078,00‘7,078.00751-0STREET’UCMIS(INCL1JDINGEL1VR1CAL)EACH4$10,000.0040,000.00TOTAL=$1,292,356.25Page5of5Page 35 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-557 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Public Improvements for Battles Trace Subdivision Phase 8 for Public Maintenance Subject to the Bond Posted AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: The City Council to approve the resolution for public improvements indicated herein for Battles Trace Subdivision Phase 8 are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and The Teachers' Retirement System of Alabama. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 36 of 301 RESOLUTION NO. _______ WHEREAS, the Owners of Battles Trace Subdivision Phase 8 desire to have all Fairhope public utilities dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2955-A, accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements, and; WHEREAS, the Water and Sewer Superintendent has indicated that the improvements meet City requirements, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Battles Trace Subdivision Phase 8 are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and The Teachers’ Retirement System of Alabama (the “Principal”). BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public streets, or any irrigation systems installed within the right-of-way of public streets, whether or not such may be located within dedicated easements in any of these developments. Adopted this 22nd day of July, 2024 _____________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 37 of 301 2133494 Page 38 of 301 Page 39 of 301 Page 40 of 301 Page 41 of 301 Page 42 of 301 Page 43 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-549 FROM: Kim Creech, CITY TREASURER SUBJECT: The City Treasurer, Kim Creech, is requesting to authorize Mayor Sherry Sullivan to execute Contract Amendment No. 1 for Bid No. 23-030 Request for Proposal Consulting Services for FEMA Public Assistance Management Services - Government Services. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve Contract Amendment No. 1 for Bid No. 23-030 Request for Proposal Consulting Services for FEMA Public Assistance Management Services - Government Services, including adding a not-to-exceed annual contract amount of $500,000.00 and authorize Mayor Sherry Sullivan to execute the contract amendment. The amendment is to put the contract in compliance with FEMA contractual regulations. BACKGROUND INFORMATION: Bid No. 23-030 Request for Proposal Consulting Services for FEMA Public Assistance Management Services - Government Services contract was approved for award to Royal Engineers and Consultants, LLC on December 11, 2023 and the contract executed on January 22, 2024. Upon analysis of the contract, Royal Engineers and Consultants, LLC has recommended amending the contract to better comply with FEMA contract regulations. One change is to add a not-to-exceed annual contract amount of Five Hundred Thousand Dollars ($500,000.00). The Fee Schedule for the contract will remain the same. This contract will be activated with a Task Order at the time of a storm and the not-to-exceed contract amount can be adjusted if needed based on the severity of a storm. City Treasurer, Kim Creech, is requesting approval of the contract amendment, and the not-to-exceed amount, and to authorize Mayor Sullivan to execute the contract amendment. Previous Council Action: Resolution No. 4941-23 adopted December 11, 2023, which awarded Bid No. 23-030 to Royal Engineers and Consultants, LLC. BUDGET IMPACT/FUNDING SOURCE: Page 44 of 301 Account No. Account Title Current Budget Cost Available Budget TBD Disaster Costs $0.00 $0.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 45 of 301 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 amendment for (Bid No. 023-30) Consulting Services for FEMA Public Assistance Management Services – Government Services with Royal Engineers & Consultants, LLC to comply with FEMA contract regulations, including a not-to-exceed annual contract amount of $500,000.00. ADOPTED ON THIS 22ND DAY OF JULY 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 46 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 1 FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES FOR FEMA PUBLIC ASSISTANCE MANAGEMENT SERVICES – GOVERNMENT SERVICES This First Amendment (“First Amendment”) modifies the Contract for Consulting Services for FEMA Public Assistance Management Services – Government Services dated January 22, 2024 (“Contract”) between the City of Fairhope (“OWNER”) and Royal Engineers & Consultants, LLC (“CONTRACTOR”) and modifies, amends, and supersedes the Contract as follows. To the extent that any matters addressed in this Amendment are not addressed in the initial Contract between the parties, the terms of this Amendment supplement the Contract and shall apply. To the extent that there is a conflict between the terms of this Amendment and the terms of the initial Contract between the parties, the terms of this Amendment shall apply to the extent of the conflict. All other terms of the initial Contract remain unchanged. In consideration of the mutual covenants and promises contained herein, the parties agree to amend the Contract as follows: ARTICLE I – GENERAL 1. Period of Performance 1.1. The Contract has an effective date of January 22, 2024, and shall remain in effect until January 21, 2025, unless terminated earlier pursuant to the Contract. 1.2. Renewal. At the option of OWNER, this Agreement may be renewed on an annual basis for no longer than two one-year periods, provided that (a) additional funding, if required, is allocated by OWNER and incorporated herein be a duly authorized amendment to this Agreement, (b) the renewal of this Agreement will facilitate the continuity of the services described herein, and (c) the rates presented in “Schedule A” are updated in accordance with reasonable market-related adjustments. 2. Compensation The Not to Exceed Budget for the Contract is $500,000. 3. Task Order Process 3.1. Task specific scope of services to be performed by CONTRACTOR under this Contract shall be set forth in individual task orders using the general format set forth in Attachment A (“Task Order”), attached hereto and incorporated herein by reference. All additional services, including response and assistance with future declared disasters, will be performed upon issuance of a contract task order by OWNER. CONTRACTOR will prepare task specific scope, schedule, cost, and deliverables for OWNER approval and authorization. 3.2. Upon the request of the OWNER, CONTRACTOR shall prepare a Task Order containing an identification of the project (“Project”), description of the Contracted Services, compensation to be paid to CONTRACTOR for the performance of the Contracted Services (“Compensation”), and a proposed schedule for the performance (“Project Schedule”) for the Contracted Services. Page 47 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 2 3.3. Upon mutual agreement of the parties, the Task Order shall be finalized and executed by the parties. The effective date will be as set forth in the individual Task Order. 3.4. Changes to the Task Order shall be made in writing and signed by both parties as an amendment clearly defining the terms to be amended. 4. Invoicing and Payment 4.1. CONTRACTOR shall submit its standard monthly invoice describing the Services performed and expenses incurred during the preceding month. Services performed shall be billed in accordance with the rates specified in “Schedule A”. Any deviation from the pricing indicated in “Schedule A” needs prior written approval by OWNER otherwise it is not accepted by OWNER. OWNER shall make payment of all undisputed portions of such invoice and provide written justification for the withholding of any disputed portions to CONTRACTOR within 30 calendar days after receipt of CONTRACTOR’S monthly invoice. Any disputed amounts will not be paid by OWNER until such dispute is resolved. No interest will be collected by CONTRACTOR on disputed amounts in question. OWNER shall provide timely, written justification for the withholding of any disputed portions to CONTRACTOR. 4.2. Payment of all Compensation due to CONTRACTOR pursuant to this Agreement shall be a condition precedent to OWNER’S use or reliance upon any of CONTRACTOR’S professional services or work products furnished under this Agreement. 4.3. In the event payment for the Services has not been made within 60 calendar days from the date of the invoice, CONTRACTOR may, after giving 10 calendar days written notice and without penalty or liability of any nature, and without waiving any claim against OWNER, suspend all or any part of the Services. 4.4. Mailing Address for Payments: Royal Engineers & Consultants, LLC 1501 Religious Street New Orleans, LA 70130 Attn: Accounts Receivable ARTICLE II – FEDERAL GRANT PROVISIONS The following provisions are adopted and incorporated into the Contract through this Amendment as if fully stated therein. 1. Compliance with Applicable Law. The Parties understand this contract may in whole or in part be reimbursed by Federal Grants. Therefore, Parties agree to comply with all applicable provisions contained in Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. To the extent not covered under another section of this Agreement, such provisions are enumerated here. 2. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows. Page 48 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 3 (1) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure the applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not to be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this discrimination clause. (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job function discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish such information. (4) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding Page 49 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 4 upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Owner further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Owner agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Owner further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Owner agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to Owner under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from Owner; and refer the case to the Department of Justice for appropriate legal proceedings.” 3. Clean Air Act. A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. B. Contractor agrees to report each violation to OWNER and understands and agrees that OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. C. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 4. Federal Water Pollution Control Act. A. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Page 50 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 5 B. Contractor agrees to report each violation to OWNER and understands and agrees that OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. C. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 5. Debarment and Suspension. Federal regulations restrict Owner from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds. Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list. SAM Exclusions is the list maintained by the General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority. The Contractor can verify its status and the status of its principals, affiliates, and subcontractors at www.sam.gov. A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Contractor is required to verify that none of Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. C. This certification is a material representation of fact relied upon by OWNER. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to DEMCO, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 6. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. See Attachment B(“44 C.F.R. Part 18 – Certification Regarding Lobbying”). 7. Procurement of Recovered Materials. In the performance of this contract, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired — Page 51 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 6 (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement- guideline-cpg-program. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 8. Prohibition on Contracting for Covered Telecommunications Equipment or Services. (A) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (B) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (C) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 27 Contract Provisions Guide (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: Page 52 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 7 i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (D) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. 9. DHS Seal, Logo, and Flags. Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Contractor shall include this provision in any subcontracts. 10. Access to Records. The following access to records requirements apply to this Contract: (a) The Contractor agrees to provide OWNER, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (b) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (c) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Page 53 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 8 (d) In compliance with the Disaster Recovery Act of 2018, OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 11. Compliance with Federal Law, Regulations, And Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 12. No Obligation by Federal Government. The federal government is not a party to this Contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the Contract. 13. Contract Work Hours and Safety Standards Act. Compliance with the Contract Work Hours and Safety Standards Act, as applicable. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. Page 54 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 9 Where the Contract is subject to the Contract Work Hours and Safety Standards Act, but not to subject to the other statutes in 29 C.F.R. § 5.1 where an additional contract provision is required, the following language applies: (4) Further Compliance with Contract Work Hours and Safety Standards Act: a. The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. b. Records to be maintained under this provision shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 14. Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. The requirements of this paragraph must be included in all subcontracts and purchase orders for work or products under this Contract. 15. Program Fraud and False or Fraudulent Statements or Related Acts. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Contractor’s actions pertaining to this contract. 16. Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are solicited and used when possible. Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Page 55 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 10 (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. ARTICLE III – COMPLIANCE WITH CERTAIN OTHER FEDERAL REQUIREMENTS To the extent applicable, this Contract is intended to comply with the following federal procurement and compliance guidelines. 1. Non-Discrimination. The parties to this Contract shall comply with Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act (ADA) and any other applicable federal or state laws regarding discrimination based on gender, race, national origin, age, religion, pregnancy status, military status, or persons with disability. 2. Certification of Non-Segregated Facilities. Contractor certifies that he/she/it does not maintain or provide for his/her/its establishments, and that he/she/it does not permit employees to perform their services at any location, under his/her/its control, where segregated facilities are maintained. He/she/it certifies further that he/she/it will not maintain or provide for employees any segregated facilities at any of his/her/its establishments, and he/she/it will not permit employees to perform their services at any location under his/her/its control where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. He/she/it further agrees that (except where he/she/it has obtained for specific time periods) he/she/it will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that he/she/it will retain such certifications in his/her/its files; and that he/she will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). 3. Section 109 of the Housing and Community Development Act of 1974. Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 further Page 56 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 11 provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited. 4. Section 3 of the Housing and Urban Development Act of 1968. The work to be performed under this Contract may be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. A. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. B. Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of Contractor’s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. C. Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. Contractor will not subcontract with any subcontractor where Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. D. Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent Contractor’s obligations under 24 CFR part 135. E. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. F. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Page 57 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 12 5. Section 503 of the Rehabilitation Act of 1973. A. Contractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affirmative action to employ and advance in employment individuals with disabilities, and to treat qualified individuals without discrimination on the basis of their physical or mental disability in all employment practices, including the following: (1) Recruitment, advertising, and job application procedures; (2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; (3) Rates of pay or any other form of compensation and changes in compensation; (4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (5) Leaves of absence, sick leave, or any other leave; (6) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (8) Activities sponsored by the Contractor including social or recreational programs; or (9) Any other term, condition, or privilege of employment. B. Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. C. In the event of Contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. D. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. Contractor must ensure that applicants or employees with disabilities are provided the notice in a form that is accessible and understandable to the individual applicant or employee (e.g., providing Braille or large print versions of the notice, or posting a copy of the notice at a lower height for easy viewing by a person using a wheelchair). With respect to employees who do not work at a physical location of Contractor, Contractor will satisfy its posting obligations by posting such notices in an electronic format, provided that Contractor provides computers, or access to computers, that can access the electronic posting to such employees, or Contractor has actual knowledge that such employees otherwise are able to access the electronically posted notices. Electronic notices for employees must be posted in a conspicuous location and format on the company's intranet or sent by electronic mail to employees. An electronic posting must be used by Contractor to notify job applicants of their rights if Contractor utilizes an electronic application process. Such electronic applicant notice must be conspicuously stored with, or as part of, the electronic application. E. Contractor will notify each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding, that Contractor is bound by the Page 58 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 13 terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and advance in employment, and shall not discriminate against, individuals with physical or mental disabilities. F. Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. G. Contractor must, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment and will not be discriminated against on the basis of disability. 6. Section 504 of the Rehabilitation Act of 1973, as amended. Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his disability, be denied the benefits, or be subjected to discrimination including discrimination in employment, any program or activity that receives the benefits from the federal financial assistance. 7. Special Conditions Pertaining to Hazards, Safety Standards, and Accident Prevention. A. Lead-Based Paint Hazards The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. Contractor and subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14 (f) thereof. B. Use of Explosives When the use of explosives is necessary for the prosecution of the work, Contractor shall observe all local, state and federal laws in purchasing and handling explosives. Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. Contractor shall notify all owners of public utility property of intention to use explosives at least 8 hours before blasting is done close to such property. Any supervision or direction of use of explosives by the engineer does not in any way reduce the responsibility of Contractor or his Surety for damages that may be caused by such use. C. Danger Signals and Safety Devices (Modify as Required) Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to Contractor. Such action by the Owner does not relieve Contractor of any liability incurred under these specifications or contract. Page 59 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 14 8. Flood Disaster Protection. This Contract may be subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). Nothing included as a part of this contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this contract for such acquisition for construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements or Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of Flood Disaster Protection Act of 1973. 9. Conflict of Interest. A. No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. B. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 10. Patents. A. Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract including its use by the Owner, unless otherwise specifically stipulated in the Contract Document. B. License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized license, direct by the Owner and not by or through Contractor. C. If Contractor uses any design device or materials covered by letters, patent, or copyright, he shall provide for such use by suitable agreement with the owner of such patented or copyrighted design device or material. It is mutually agreed and understood, that without exception the contract prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copy-righted design, device or materials or any trademark or copy-right in connection with work agreed to be performed under this Contract, and shall indemnify the Owner for any cost, expense, Page 60 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 15 or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 11. Copyright. No materials, to include but not limited to reports, maps, or documents produced as a result of this contract, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this contract that might be subject to copyright shall be the property of the Owner and all such rights shall belong to the Owner. 12. Energy Efficiency. Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 13. Protection of Lives and Health. 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 worksite, 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 shall take or cause to be taken, such additional safety and health measures as the Owner may determine to be reasonably necessary. 14. 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. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Owner. All the services required hereunder will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 16. Anti-Kickback Rules. Compliance with the Copeland “Anti-Kickback” Act. Page 61 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 16 Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 17. Interest of Contractor. Contractor covenants that he presently has no interest and shall not acquire any interest direct or indirect in the above described project or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 18. Political Activity. Contractor will comply with the provisions of the Hatch Act (5 U.S.C. 1501 et seq.), which limits the political activity of employees. 19. Compliance with the Office of Management and Budget. The Parties agree to comply with the regulations, policies, guidelines, and requirements of the Office of Management and Budget, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, 2 CFR Part 200, as they relate to the use of Federal funds under this contract. 20. Discrimination Due to Beliefs. No person with responsibilities in operation of the project to which this grant relates will discriminate with respect to any program participant or any applicant for participation in such program because of political affiliation or beliefs. 21. Confidential Findings. All of the reports, information, data, etc., prepared or assembled by Contractor under this Contract are confidential, and Contractor agrees that they shall not be made available to any individual or organization without prior written approval of the Owner. 22. Contracting with Certain Firms. Contractor will take necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used in subcontracting when possible. Steps include: A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; Page 62 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 17 B. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises; D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women’s business enterprises; and E. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. 23. Davis-Bacon Act. As applicable, Contractor will fully comply with the Davis-Bacon Act, as amended, and any rules or regulations promulgated pursuant to the Act. Contractor shall maintain payroll records as needed to demonstrate compliance with the Act. 24. Appendix II to Part 200. 2 C.F.R. Pt. 200, App. II is incorporated into this Contract by reference. Contractor agrees to review and comply with all requirements set forth therein to the extent that any of the requirements set forth in Appendix II are not addressed by a specific provision in this Contract. Attachments The following attachments are hereby made a part of this Amendment to the Contract: Schedule A – Disaster Recovery Rates Attachment A – Task Order (Example) Attachment B – 44 C.F.R. Part 18 – Certification Regarding Lobbying OWNER CONTRACTOR _______________________________________ Signature Signature Name (Printed or Typed) Name (Printed or Typed) _______________________________________ _______________________________________ Date Date Page 63 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 18 Schedule A DISASTER RECOVERY PROJECT MANAGEMENT RATES Positions Hourly Rates Subject Matter Expert $190.00 Project Manager $165.00 Project Writer $165.00 Data Manager $115.00 Closeout Specialist $120.00 Research Assistant $130.00 Program Manager $250.00 Deputy Program Manager $235.00 Page 64 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 19 Attachment A TASK ORDER NO. ___________ (Example) CONSULTING SERVICES AGREEMENT REC Project No. ____________________ Effective Date: ____________________ Royal Engineers & Consultants, LLC (“CONTRACTOR”) agrees to perform for the City of Fairhope (“OWNER”) the contracted Services described below for the Project identified below. The contracted Services shall be performed in accordance with the provisions of the Contract dated January 22, 2024, between CONTRACTOR and OWNER. 1. Project: _____________________________________________________________________________________ 2. Contracted Services (reference and attach scope of work, if applicable): _____________________________________________________________________________________ 3. Compensation for the proper performance of the contracted Services under this Task Order is set forth in Appendix A (Compensation), attached hereto and incorporated herein by reference. 4. Start Date: _____________________________________________________________________________________ 5. Time of Performance (attach schedule if applicable): _____________________________________________________________________________________ 6. Special Terms and Conditions: _____________________________________________________________________________________ 7. Key Personnel: _____________________________________________________________________________________ CONTRACTOR and OWNER have executed this Task Order and ONTRACTOR is directed to proceed with the contracted Services set out in this Task Order. OWNER CONTRACTOR _______________________________________ ______________________________________ Signature Signature _______________________________________ ______________________________________ Name (Printed or Typed) Name (Printed or Typed) _______________________________________ ______________________________________ Date Date Page 65 of 301 First Amendment to Contract_Royal_City of Fairhope_Government 20 ATTACHMENT B, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONSULTANT, Royal Engineers & Consultants, LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the CONSULTANT understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Consultant’s Authorized Official Name and Title of Consultant’s Authorized Official Date Page 66 of 301 RESOL UTIO N 0 . 4941-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE , ALAB AMA , as fo ll ows: [1] Th at th e C it y of Fairh ope did requ es t, receive , and op en bid s to procure services fo r (Bid No. 23 -0 30) Co nsultin g Servi ces fo r FEMA Publi c Ass istan ce Man agem ent Serv ices -Governm en t Serv ices at 55 5 So uth Secti on Str eet in th e Ci ty of Fairhope offices , Fairhop e, A lab am a. [2 ] At th e app ointed ti m e and pl ace , bid s were rece ive d and tabul ated as fo ll ows: Pl ease see attached Bid Tabul ati on for Co nsultin g Services fo r FEMA Publi c Assistance Managem ent Services - Governm ent Services [3] After eva lu ating th e bid s with th e requ ired specifi cati o ns, Royal Engin eer s an d Co nsultan ts, LLC is now award ed (Bid o. 23-030) for Co nsulti ng Serv ices fo r FEMA Publi c Ass istance Managem ent Services -Governm ent Serv ices . Th e cost of thi s co ntract will b e determin ed if it is acti vated tim e o f a di sas t er. Th e h ourl y ra tes fo r thi s firm are includ ed in prop osal. DU LY AD OP TED THI S 11 TH Corey Martin , Co unci l President Att es t: Page 67 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-550 FROM: Kim Creech, CITY TREASURER SUBJECT: The City Treasurer, Kim Creech, is requesting to authorize Mayor Sherry Sullivan to execute Contract Amendment No. 1 for Bid No. 23-031 Request for Proposal Consulting Services for FEMA Public Assistance Management Services - Utility's Damage Projects. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve Contract Amendment No. 1 for Bid No. 23-031 Request for Proposal Consulting Services for FEMA Public Assistance Management Services - Utility's Damage Projects, including adding a not-to-exceed annual contract amount of $500,000.00 and authorize Mayor Sherry Sullivan to execute the contract amendment. The amendment is to put the contract in compliance with FEMA contractual regulations. BACKGROUND INFORMATION: Bid No. 23-031 Request for Proposal Consulting Services for FEMA Public Assistance Management Services - Utility's Damage Projects contract was approved for award to Royal Engineers and Consultants, LLC on December 11, 2023 and the contract executed on January 22, 2024. Upon analysis of the contract, Royal Engineers and Consultants, LLC has recommended amending the contract to better comply with FEMA contract regulations. One change is to add a not-to-exceed annual contract amount of Five Hundred Thousand Dollars ($500,000.00). The Fee Schedule for the contract will remain the same. This contract will be activated with a Task Order at the time of a storm and the not-to-exceed contract amount can be adjusted if needed based on the severity of a storm. City Treasurer, Kim Creech, is requesting approval of the contract amendment, and the not-to-exceed amount, and to authorize Mayor Sullivan to execute the contract amendment. Previous Council Action: Resolution No. 4942-23 adopted December 11, 2023, which awarded Bid No. 23-031 to Royal Engineers and Consultants, LLC. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 68 of 301 Budget TBD Disaster Costs $0.00 $0.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 69 of 301 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 amendment for (Bid No. 023-31) Consulting Services for FEMA Public Assistance Management Services – Utility’s Damage Projects with Royal Engineers & Consultants, LLC to comply with FEMA contract regulations, including a not-to-exceed annual contract amount of $500,000.00. ADOPTED ON THIS 22ND DAY OF JULY 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 70 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 1 FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES FOR FEMA PUBLIC ASSISTANCE MANAGEMENT SERVICES – UTILITY’S DAMAGE PROJECTS This First Amendment (“First Amendment”) modifies the Contract for Consulting Services for FEMA Public Assistance Management Services – Utility’s Damage Projects dated January 22, 2024 (“Contract”) between the City of Fairhope (“OWNER”) and Royal Engineers & Consultants, LLC (“CONTRACTOR”) and modifies, amends, and supersedes the Contract as follows. To the extent that any matters addressed in this Amendment are not addressed in the initial Contract between the parties, the terms of this Amendment supplement the Contract and shall apply. To the extent that there is a conflict between the terms of this Amendment and the terms of the initial Contract between the parties, the terms of this Amendment shall apply to the extent of the conflict. All other terms of the initial Contract remain unchanged. In consideration of the mutual covenants and promises contained herein, the parties agree to amend the Contract as follows: ARTICLE I – GENERAL 1.Period of Performance 1.1. The Contract has an effective date of January 22, 2024, and shall remain in effect until January 21, 2025, unless terminated earlier pursuant to the Contract. 1.2. Renewal. At the option of OWNER, this Agreement may be renewed on an annual basis for no longer than two one-year periods, provided that (a) additional funding, if required, is allocated by OWNER and incorporated herein be a duly authorized amendment to this Agreement, (b) the renewal of this Agreement will facilitate the continuity of the services described herein, and (c) the rates presented in “Schedule A” are updated in accordance with reasonable market-related adjustments. 2.Compensation The Not to Exceed Budget for the Contract is $500,000. 3.Task Order Process 3.1. Task specific scope of services to be performed by CONTRACTOR under this Contract shall be set forth in individual task orders using the general format set forth in Attachment A (“Task Order”), attached hereto and incorporated herein by reference. All additional services, including response and assistance with future declared disasters, will be performed upon issuance of a contract task order by OWNER. CONTRACTOR will prepare task specific scope, schedule, cost, and deliverables for OWNER approval and authorization. 3.2. Upon the request of the OWNER, CONTRACTOR shall prepare a Task Order containing an identification of the project (“Project”), description of the Contracted Services, compensation to be paid to CONTRACTOR for the performance of the Contracted Services (“Compensation”), and a proposed schedule for the performance (“Project Schedule”) for the Contracted Services. Page 71 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 2 3.3. Upon mutual agreement of the parties, the Task Order shall be finalized and executed by the parties. The effective date will be as set forth in the individual Task Order. 3.4. Changes to the Task Order shall be made in writing and signed by both parties as an amendment clearly defining the terms to be amended. 4. Invoicing and Payment 4.1. CONTRACTOR shall submit its standard monthly invoice describing the Services performed and expenses incurred during the preceding month. Services performed shall be billed in accordance with the rates specified in “Schedule A”. Any deviation from the pricing indicated in “Schedule A” needs prior written approval by OWNER otherwise it is not accepted by OWNER. OWNER shall make payment of all undisputed portions of such invoice and provide written justification for the withholding of any disputed portions to CONTRACTOR within 30 calendar days after receipt of CONTRACTOR’S monthly invoice. Any disputed amounts will not be paid by OWNER until such dispute is resolved. No interest will be collected by CONTRACTOR on disputed amounts in question. OWNER shall provide timely, written justification for the withholding of any disputed portions to CONTRACTOR. 4.2. Payment of all Compensation due to CONTRACTOR pursuant to this Agreement shall be a condition precedent to OWNER’S use or reliance upon any of CONTRACTOR’S professional services or work products furnished under this Agreement. 4.3. In the event payment for the Services has not been made within 60 calendar days from the date of the invoice, CONTRACTOR may, after giving 10 calendar days written notice and without penalty or liability of any nature, and without waiving any claim against OWNER, suspend all or any part of the Services. 4.4. Mailing Address for Payments: Royal Engineers & Consultants, LLC 1501 Religious Street New Orleans, LA 70130 Attn: Accounts Receivable ARTICLE II – FEDERAL GRANT PROVISIONS The following provisions are adopted and incorporated into the Contract through this Amendment as if fully stated therein. 1. Compliance with Applicable Law. The Parties understand this contract may in whole or in part be reimbursed by Federal Grants. Therefore, Parties agree to comply with all applicable provisions contained in Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. To the extent not covered under another section of this Agreement, such provisions are enumerated here. 2. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows. Page 72 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 3 (1) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure the applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not to be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this discrimination clause. (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job function discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish such information. (4) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding Page 73 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 4 upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Owner further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Owner agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Owner further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Owner agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to Owner under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from Owner; and refer the case to the Department of Justice for appropriate legal proceedings.” 3. Clean Air Act. A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. B. Contractor agrees to report each violation to OWNER and understands and agrees that OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. C. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 4. Federal Water Pollution Control Act. A. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Page 74 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 5 B. Contractor agrees to report each violation to OWNER and understands and agrees that OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. C. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 5. Debarment and Suspension. Federal regulations restrict Owner from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds. Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list. SAM Exclusions is the list maintained by the General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority. The Contractor can verify its status and the status of its principals, affiliates, and subcontractors at www.sam.gov. A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Contractor is required to verify that none of Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. C. This certification is a material representation of fact relied upon by OWNER. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to DEMCO, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 6. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. See Attachment B(“44 C.F.R. Part 18 – Certification Regarding Lobbying”). 7. Procurement of Recovered Materials. In the performance of this contract, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired — Page 75 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 6 (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement- guideline-cpg-program. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 8. Prohibition on Contracting for Covered Telecommunications Equipment or Services. (A) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (B) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (C) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 27 Contract Provisions Guide (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: Page 76 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 7 i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (D) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. 9. DHS Seal, Logo, and Flags. Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Contractor shall include this provision in any subcontracts. 10. Access to Records. The following access to records requirements apply to this Contract: (a) The Contractor agrees to provide OWNER, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (b) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (c) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Page 77 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 8 (d) In compliance with the Disaster Recovery Act of 2018, OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 11. Compliance with Federal Law, Regulations, And Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 12. No Obligation by Federal Government. The federal government is not a party to this Contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the Contract. 13. Contract Work Hours and Safety Standards Act. Compliance with the Contract Work Hours and Safety Standards Act, as applicable. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. Page 78 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 9 Where the Contract is subject to the Contract Work Hours and Safety Standards Act, but not to subject to the other statutes in 29 C.F.R. § 5.1 where an additional contract provision is required, the following language applies: (4) Further Compliance with Contract Work Hours and Safety Standards Act: a. The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. b. Records to be maintained under this provision shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 14. Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. The requirements of this paragraph must be included in all subcontracts and purchase orders for work or products under this Contract. 15. Program Fraud and False or Fraudulent Statements or Related Acts. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Contractor’s actions pertaining to this contract. 16. Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are solicited and used when possible. Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Page 79 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 10 (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. ARTICLE III – COMPLIANCE WITH CERTAIN OTHER FEDERAL REQUIREMENTS To the extent applicable, this Contract is intended to comply with the following federal procurement and compliance guidelines. 1. Non-Discrimination. The parties to this Contract shall comply with Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act (ADA) and any other applicable federal or state laws regarding discrimination based on gender, race, national origin, age, religion, pregnancy status, military status, or persons with disability. 2. Certification of Non-Segregated Facilities. Contractor certifies that he/she/it does not maintain or provide for his/her/its establishments, and that he/she/it does not permit employees to perform their services at any location, under his/her/its control, where segregated facilities are maintained. He/she/it certifies further that he/she/it will not maintain or provide for employees any segregated facilities at any of his/her/its establishments, and he/she/it will not permit employees to perform their services at any location under his/her/its control where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. He/she/it further agrees that (except where he/she/it has obtained for specific time periods) he/she/it will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that he/she/it will retain such certifications in his/her/its files; and that he/she will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). 3. Section 109 of the Housing and Community Development Act of 1974. Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 further Page 80 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 11 provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited. 4. Section 3 of the Housing and Urban Development Act of 1968. The work to be performed under this Contract may be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. A. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. B. Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of Contractor’s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. C. Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. Contractor will not subcontract with any subcontractor where Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. D. Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent Contractor’s obligations under 24 CFR part 135. E. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. F. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Page 81 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 12 5. Section 503 of the Rehabilitation Act of 1973. A. Contractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affirmative action to employ and advance in employment individuals with disabilities, and to treat qualified individuals without discrimination on the basis of their physical or mental disability in all employment practices, including the following: (1) Recruitment, advertising, and job application procedures; (2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; (3) Rates of pay or any other form of compensation and changes in compensation; (4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (5) Leaves of absence, sick leave, or any other leave; (6) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (8) Activities sponsored by the Contractor including social or recreational programs; or (9) Any other term, condition, or privilege of employment. B. Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. C. In the event of Contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. D. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. Contractor must ensure that applicants or employees with disabilities are provided the notice in a form that is accessible and understandable to the individual applicant or employee (e.g., providing Braille or large print versions of the notice, or posting a copy of the notice at a lower height for easy viewing by a person using a wheelchair). With respect to employees who do not work at a physical location of Contractor, Contractor will satisfy its posting obligations by posting such notices in an electronic format, provided that Contractor provides computers, or access to computers, that can access the electronic posting to such employees, or Contractor has actual knowledge that such employees otherwise are able to access the electronically posted notices. Electronic notices for employees must be posted in a conspicuous location and format on the company's intranet or sent by electronic mail to employees. An electronic posting must be used by Contractor to notify job applicants of their rights if Contractor utilizes an electronic application process. Such electronic applicant notice must be conspicuously stored with, or as part of, the electronic application. E. Contractor will notify each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding, that Contractor is bound by the Page 82 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 13 terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and advance in employment, and shall not discriminate against, individuals with physical or mental disabilities. F. Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. G. Contractor must, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment and will not be discriminated against on the basis of disability. 6. Section 504 of the Rehabilitation Act of 1973, as amended. Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his disability, be denied the benefits, or be subjected to discrimination including discrimination in employment, any program or activity that receives the benefits from the federal financial assistance. 7. Special Conditions Pertaining to Hazards, Safety Standards, and Accident Prevention. A. Lead-Based Paint Hazards The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. Contractor and subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14 (f) thereof. B. Use of Explosives When the use of explosives is necessary for the prosecution of the work, Contractor shall observe all local, state and federal laws in purchasing and handling explosives. Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. Contractor shall notify all owners of public utility property of intention to use explosives at least 8 hours before blasting is done close to such property. Any supervision or direction of use of explosives by the engineer does not in any way reduce the responsibility of Contractor or his Surety for damages that may be caused by such use. C. Danger Signals and Safety Devices (Modify as Required) Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to Contractor. Such action by the Owner does not relieve Contractor of any liability incurred under these specifications or contract. Page 83 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 14 8. Flood Disaster Protection. This Contract may be subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). Nothing included as a part of this contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this contract for such acquisition for construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements or Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of Flood Disaster Protection Act of 1973. 9. Conflict of Interest. A. No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. B. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 10. Patents. A. Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract including its use by the Owner, unless otherwise specifically stipulated in the Contract Document. B. License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized license, direct by the Owner and not by or through Contractor. C. If Contractor uses any design device or materials covered by letters, patent, or copyright, he shall provide for such use by suitable agreement with the owner of such patented or copyrighted design device or material. It is mutually agreed and understood, that without exception the contract prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copy-righted design, device or materials or any trademark or copy-right in connection with work agreed to be performed under this Contract, and shall indemnify the Owner for any cost, expense, Page 84 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 15 or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 11. Copyright. No materials, to include but not limited to reports, maps, or documents produced as a result of this contract, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this contract that might be subject to copyright shall be the property of the Owner and all such rights shall belong to the Owner. 12. Energy Efficiency. Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 13. Protection of Lives and Health. 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 worksite, 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 shall take or cause to be taken, such additional safety and health measures as the Owner may determine to be reasonably necessary. 14. 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. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Owner. All the services required hereunder will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 16. Anti-Kickback Rules. Compliance with the Copeland “Anti-Kickback” Act. Page 85 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 16 Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 17. Interest of Contractor. Contractor covenants that he presently has no interest and shall not acquire any interest direct or indirect in the above described project or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 18. Political Activity. Contractor will comply with the provisions of the Hatch Act (5 U.S.C. 1501 et seq.), which limits the political activity of employees. 19. Compliance with the Office of Management and Budget. The Parties agree to comply with the regulations, policies, guidelines, and requirements of the Office of Management and Budget, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, 2 CFR Part 200, as they relate to the use of Federal funds under this contract. 20. Discrimination Due to Beliefs. No person with responsibilities in operation of the project to which this grant relates will discriminate with respect to any program participant or any applicant for participation in such program because of political affiliation or beliefs. 21. Confidential Findings. All of the reports, information, data, etc., prepared or assembled by Contractor under this Contract are confidential, and Contractor agrees that they shall not be made available to any individual or organization without prior written approval of the Owner. 22. Contracting with Certain Firms. Contractor will take necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used in subcontracting when possible. Steps include: A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; Page 86 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 17 B. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises; D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women’s business enterprises; and E. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. 23. Davis-Bacon Act. As applicable, Contractor will fully comply with the Davis-Bacon Act, as amended, and any rules or regulations promulgated pursuant to the Act. Contractor shall maintain payroll records as needed to demonstrate compliance with the Act. 24. Appendix II to Part 200. 2 C.F.R. Pt. 200, App. II is incorporated into this Contract by reference. Contractor agrees to review and comply with all requirements set forth therein to the extent that any of the requirements set forth in Appendix II are not addressed by a specific provision in this Contract. Attachments The following attachments are hereby made a part of this Amendment to the Contract: Schedule A – Disaster Recovery Rates Attachment A – Task Order (Example) Attachment B – 44 C.F.R. Part 18 – Certification Regarding Lobbying OWNER CONTRACTOR _______________________________________ Signature Signature Name (Printed or Typed) Name (Printed or Typed) _______________________________________ _______________________________________ Date Date Page 87 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 18 Schedule A DISASTER RECOVERY PROJECT MANAGEMENT RATES Positions Hourly Rates Subject Matter Expert $190.00 Project Manager $165.00 Project Writer $165.00 Data Manager $115.00 Closeout Specialist $120.00 Research Assistant $130.00 Program Manager $250.00 Deputy Program Manager $235.00 Page 88 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 19 Attachment A TASK ORDER NO. ___________ (Example) CONSULTING SERVICES AGREEMENT REC Project No. ____________________ Effective Date: ____________________ Royal Engineers & Consultants, LLC (“CONTRACTOR”) agrees to perform for the City of Fairhope (“OWNER”) the contracted Services described below for the Project identified below. The contracted Services shall be performed in accordance with the provisions of the Contract dated January 22, 2024, between CONTRACTOR and OWNER. 1. Project: _____________________________________________________________________________________ 2. Contracted Services (reference and attach scope of work, if applicable): _____________________________________________________________________________________ 3. Compensation for the proper performance of the contracted Services under this Task Order is set forth in Appendix A (Compensation), attached hereto and incorporated herein by reference. 4. Start Date: _____________________________________________________________________________________ 5. Time of Performance (attach schedule if applicable): _____________________________________________________________________________________ 6. Special Terms and Conditions: _____________________________________________________________________________________ 7. Key Personnel: _____________________________________________________________________________________ CONTRACTOR and OWNER have executed this Task Order and ONTRACTOR is directed to proceed with the contracted Services set out in this Task Order. OWNER CONTRACTOR _______________________________________ ______________________________________ Signature Signature _______________________________________ ______________________________________ Name (Printed or Typed) Name (Printed or Typed) _______________________________________ ______________________________________ Date Date Page 89 of 301 First Amendment to Contract_Royal_City of Fairhope_Utility 20 ATTACHMENT B, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONSULTANT, Royal Engineers & Consultants, LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the CONSULTANT understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Consultant’s Authorized Official Name and Title of Consultant’s Authorized Official Date Page 90 of 301 RESOLUTION 0. 4942-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALAB MA, as fo llo w : [1] That the did reque t, receive, and open bids to procure services for (Bid No . 23- 031) Consu ltin g Services for City of Fa irhop e FEMA Public Assistance Management Services -Uti lity 's Damage Projects at 555 South Section Street in the City of Fairhope offices , Fairhope, Alabama. [2] At th e appo inted time and place, bids were received and tabulated as follows: Please see attached Bid Tabulation for Consulting Services for FEMA Public A si tance Management Services - Uti lity 's Dam age Projects [3] After evaluating the bids with the required specifications , Royal Engineers and Consultants , LLC is now awarded (Bid o. 23-031) for Consulting Services for FEMA Public Assistance Management Services -Utilit s amage Projects. The cost of thi contract will b e determined if it is activated at t e ti e of a disaster. The hourly rates for this finn are included in proposal. DULY ADOPTED THIS 11 TH DA Corey Martin, Council President Attest: Page 91 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-551 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The City Engineer, Richard Johnson, has requested to procure a professional architectural firm to design a FEMA Hazard Mitigation Grant Program (HMGP) funded safe room project. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve the selection of an architectural firm by the evaluation team for Professional Architectural Services - City of Fairhope 1st Responder Hurricane Safe Room Project and authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. BACKGROUND INFORMATION: The City Engineer, Richard Johnson, has requested to procure a professional architectural firm to design a FEMA Hazard Mitigation Grant Program (HMGP) funded safe room project. The purpose of this project is to construct a 4,072 square foot 1st Responder Hurricane Safe Room that will meet FEMA 361 - 4th Edition 2021 and ICC500 standards and guidelines and provide protection against severe weather including up to 200 mph winds. The project will be located on the City's Pecan Building Campus at 451 Pecan Avenue,Fairhope, AL36532. A Request for Qualifications was issued on May 31, 2024, posted to the City of Fairhope’s website, and advertised in statewide newspapers for three (3) weeks. Four (4) responsive proposals were received at the bid opening on June 25, 2024 at 1:30 p.m. The proposals were evaluated by five (5) City of Fairhope staff (see attached Evaluation Score Sheet). The recommendation by the City Engineer and the evaluation team is to hire Adams Stewart Architects for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55888 Safe Room Grant $TBD $TBD Page 92 of 301 GRANT: FEMA Hazard Mitigation Grant Program LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 93 of 301 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by the Evaluation Team for Professional Architectural Services for (RFQ PS24-024) for the City of Fairhope 1st Responder Hurricane Safe Room Project to Adams Stewart Architects; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 94 of 301 Page 95 of 301 Page 96 of 301 June 25, 2024 Submitted to: The City of Fairhope 555 South Section Street Fairhope, AL 36532 Public Works Project No. PWI2022-004A RFQ No. PS24-024 Professional Architectural Services for The City of Fairhope, 1st Responder Hurricane Safe Room Project FEMA Hazard Mitigation Grant Program (HMGP) Project No. PWI-2022 004A Architectural Services Proposal; Attention, Purchasing Addendum 1, Acknowledged Page 97 of 301 Page 1 of 10 June 25, 2024 City of Fairhope C/O Ms. Erin Wolfe, Purchasing Manager City Services and Public Utilities Building 555 South Section Street Fairhope, AL 36532 Re: Architectural/Engineering Services FEMA Funded Hurricane Safe Rooms Ms. Wolfe, We thank you for the opportunity to respond to this RFQ. The following information is provided for your review. We trust that you will find it thoroughly provides information as requested in your RFQ process. FIRM HISTORY Adams Stewart Architects, LLC In 2007 we started this firm with the goal of providing superior design work and putting our clients’ needs first. After Twelve years, we continue to provide successful projects through a committed effort to our clients and a thorough understanding of client expectations. We feel it is our commitment to provide solid designs based on what our client’s needs are. This simple but important goal has allowed for the successful growth of our business. Simply put, we are building relationships by meeting client expectations beyond the execution of a single project. Adams Stewart Architects currently has offices located in Robertsdale and Bay Minette, Alabama and we are positioned to deeply serve the Coastal Alabama Community College campuses. As our client list continues to grow, so does our reputation within the building construction industry. Bringing more than 60 years of combined experience, we have successfully completed projects ranging from small to over +60 million dollars. Our work includes Educational, Municipal, Financial, Industrial, Commercial, Hospitality, Retail, Metal Building Construction, Storm Shelter Construction, and various Private and Public ventures. In response to this RFQ, we have completed designs on numerous municipal projects. Projects that include bidding of public work for the Baldwin County Commission, Baldwin County School System, and numerous Municipalities across the state. In addition, we represent a wide variety of other work for your review. Each of these designs vary in Page 98 of 301 Page 2 of 10 their construction type depending on the size, site requirements , occupancy type and the owner’s budget. Capability to perform services as described in RFQ : (RFQ Part 1, 25 Points) Our current workload involves the design and construction of numerous projects with a total estimated construction budget of +150 million dollars. This includes educational projects, local municipal projects as well as multiple locations of retail stores across the U.S. In addition to our current workload, we have completed hurricane and tornado shelters throughout the state of Alabama. We have worked on numerous projects that involve close coordination with the FEMA funding process. This involves detailed applications for the construction payment process as well as identifying any items that are eligible for FEMA funding vs those that are ineligible. This process can be quite tedious without the experience we can provide. Relevant Experience and Project Name: (RFQ Part 2, 25 Points) As previously stated, our design team offers a wealth of knowledge and experience in numerous building types. This experience equips us in developing the best system suited for your building needs. The following examples are relevant to your specific needs. First Responders Hurricane Safe Rooms Constructed under FEMA 361 Guidelines/ICC 500: Project #1 City of Prichard, Hurricane Safe Room (FEMA Funded Shelter) Cost $850,000.00 Year Constructed: 2019 Project #2 City of Daphne, Hurricane Safe Room (FEMA Funded Shelter) Cost: $700K Year Constructed 2020 Project #3 City of Spanish Fort, Hurricane Safe Room (FEMA Funded Shelter) Cost: $975K Year Constructed 2020 REFERENCE: Mayor Mike McMillan, mayor@cityofspanishfort.com 251-402-6798 Project #4 Town of Elberta, Hurricane Safe Room (FEMA Funded Shelter) Cost: $766K Year Constructed 2021 REFERENCE: Mayor Jim Hamby, jhamby@gulftel.com 251-752-5848 Project #5 City of Citronelle, Hurricane Safe Room (FEMA Funded Shelter) Cost: $836K Year Constructed: 2022 Page 99 of 301 Page 3 of 10 Project #6 ARC of Baldwin County Inc., FEMA 361 Special Needs Shelter (36k sf) Cost: $5.6M Year Constructed: 2010 REFERENCE: Ms. Kathy Fleet, Director, kathyfleet@yahoo.com 251-978-9125 Community Tornado Safe Rooms Constructed Under FEMA 361 Guidelines/ICC500: Project #1 The University of Alabama, East Campus Tornado Safe Room (FEMA Funded Shelter) Cost: $1.2M Year Constructed: 2015 Project #2 The University of Alabama, Facilities Tornado Shelter (FEMA Funded Shelter) Cost: +/-$2.5M Year: 2025 Construction Project #3 The University of Alabama, Bryce Lawn Tornado Shelter (FEMA Funded Shelter) Cost: $7.9M Year Constructed: 2024 Project #4 The University of Alabama, University Services (FEMA Funded Shelter) Cost: $3.9M Year Constructed: 2023 Project #5 Bessemer Tornado Safe Room (FEMA Funded Shelter) Cost: $800K Year Constructed 2019 Project #6 Sylvan Springs Tornado Safe Room (FEMA Funded Shelter) Cost: $280K Year Constructed: 2020 Project #7 Town of Butler Tornado Safe Room (FEMA Funded Shelter) Cost: $920K Year Constructed: 2022 Project #8 Page 100 of 301 Page 4 of 10 City of Gardendale, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $200K Year Constructed: 2020 Project #9 City of Graysville, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $185K Year Constructed: 2021 Project #10 Town of Morris, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $160K Year Constructed: 2020 Project #11 City of Center Point, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $159K Year Constructed: 2019 Project #12 Town of Hayden, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $177K Year Constructed: 2019 Project #13 City of Pinson, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $172K Year Constructed: 2020 Project #14 Macon County, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $202K Year Constructed: 2020 Project #15 Pike County, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $185K Year Constructed: 2019 Project #16 City of Argo, Modular Tornado Safe Room, (FEMA Funded Shelter) Cost: $182K Year Constructed: 2019 Hurricane Safe Rooms – Education Constructed under FEMA 361 Guidelines/ICC 500: Page 101 of 301 Page 5 of 10 Project #1 Bay Minette Elementary School K-6 with Storm Shelter (First Shelter ever completed for Baldwin County Board of Education) Cost: $15.0m Year Constructed: 2019 Project #2 Stonebridge Elementary School Cost: $21M Year Constructed: 2022 Project #3 Silverhill Elementary School Cost: +/- $31M Year Constructed: Under Construction Project #4 Baldwin Preparatory Academy, Loxley, AL Cost: +/- $73M Year Constructed: Under Construction Project #5 Daphne South Elementary School Cost +/- $30M Construction to begin August 2024 Project #6 Loxley Elementary School Cost +/- $37M Construction to Begin September 2024 Key Personnel Team: (RFQ Part 3, 25 Points) Adams Stewart Architects offer the following design team for consideration. Based on your request, our team services include Architecture, Civil Design, Structural Engineering, MEP Engineering, Geotechnical Engineering and Landscape Design. The team identified herein have the ability and availability to move your project along as efficiently as possible. Discipline: Firm Name: Firm Principal(s) Architectural Design Adams Stewart Architects, LLC Todd F. Stewart, Architect Robertsdale, Alabama David C. Adams, Architect Jason Shipp, Project Manager Civil Engineering Jade Consulting, LLC Trey Jinright, P.E. Fairhope, Alabama Page 102 of 301 Page 6 of 10 Structural Design Barton Schumer Engineering, LLC Russell Barton, P.E. Mobile, Alabama Electric Design Stewart Engineering, Inc G. Wade Stewart, P.E. Mechanical Design Smith Mechanical Roger Smith, P.E. Geotech Engineer GeoCon, Inc David McKee, P.E. Landscape Design WAS Design, Inc. Chad Watkins, RLA Foley, Alabama Design Team Qualifications Summary: Adams Stewart Architects currently has two Alabama Registered Architects, a Project Manager, two Intern Architects and three designers/CAD technicians, a rendering artist, and an office administrator. Todd Stewart and David Adams will each serve as Design Architects for your project and all members of our team will collaborate to meet the project goals, as necessary. For all phases of design and construction, we will provide a minimum of twelve professional and technical staff to complete the project requirements. Each team member is local to the area and available to meet your project schedules and provide attention to any construction administration items that may be presented. Each of these team members have had extensive experience in FEMA funded projects. Knowledge of FEMA Regulations: (RFQ Part 4, 15 Points) Our knowledge of FEMA regulations, policies and procedures is thoroughly exhibited through this RFQ process. We have completed more than twenty projects that received FEMA/Federal grant funding. This has allowed us to become very proficient in guiding our clients through the funding process. Additionally, we collaborate closely with selected contractors to adhere to the eligibility of items to receive funding. This allows the pay application process to move smoothly and also allows the municipality to receive federal reimbursements more efficiently. As with other federally funded projects contractors are required to adhere to Certified Payroll and compliance with Davis Bacon wage rates. This can be challenging for those who have not worked on these t ypes of projects and our firm is here to assist with that process. Firm’s Reputation, Location, and references: (RFQ Part 5, 10 Points) Located centrally in Robertsdale, AL, our Firm prides itself on our reputation for providing our clients with clear communication, the highest level of services and a continued service after the project is completed. This is evident from our repeat clients such as The University of Alabama, The Baldwin County Board of Education, and others. Reference letters from our growing client list are provided for your review. Individual References with contact information are listed above in relevant project experience. Design Approach 1.) Design Process Predesign Phase Page 103 of 301 Page 7 of 10 Adams Stewart will meet with the Coastal Alabama Community College’s assigned representative(s) to gather programming information about ancillary information necessary in the new facility. When this information is developed into a document describing general spaces, sizes, and relationships we will begin the Schematic Design Phase. Schematic Design Phase Adams Stewart will use the programming information to develop basic plans and elevations delineating the flow of the floor plan and the overall look of the building. We will then present this to the assigned representative(s) to gather feedback. After receiving their comments, we will continue developing the floor plans, elevations and begin developing sections through the building to establish the con struction assembly and interior information. This phase will begin the Design Development Phase. Design Development Phase Adams Stewart will use the comments from the Schematic Design Phase to assemble drawings describing the project in sufficient detail to finalize the design for drafting the Construction Documents. We will review this information with th e assigned representative(s) to gather their final feedback before drafting the construction documents. Construction Documents Phase When the Design Development phase is complete, we begin drafting the final drawings and specifications for construction. The goal is to have little or no revisions to the design in this phase. 2.) Inventory Process If Adams Stewart is tasked with taking inventory of any existing space or spaces, we will field measure area(s) that are required and put together floor plans of the spaces delineating the sizes and spatial relationships of the spaces with each other. This is typical of any renovation and/or programming work. 3.) Architectural Program The process of developing an architectural program and any alternative schematic designs always begins with meeting with the owner(s), their assigned representative(s) and reviewing any existing buildings and/or spaces they currently have. When the existin g facility or facilities are known and the needs are assessed, we can then look at what possibilities exist with what is there and what is needed for the future. 4.) Function and Aesthetics The design approach we use to ensure fully functional buildings that are aesthetically pleasing is multifaceted. It first requires an understanding of the owner’s goals, budget and expected life cycle of the project. All three are interrelated. Spaces are sized according to their use and occupancy. Materials are selected according to budget and their ability to perform. The aesthetics are typically guided by a municipality’s goals for their identity. Page 104 of 301 Page 8 of 10 5.) Project Management The management approach Adams Stewart uses to manage projects is to have a senior project architect or project manager in charge of the project from beginning to end. We have personnel in our office who will assist in preparing the documents but the design work and meetings with our owners are done by the principal in charge. 6.) Quality Control Qualify control of our projects is managed exactly the way we manage every part of the project. We keep the principal in charge of the project from beginning to end. The principal in charge will review our consultant’s work and will coordinate their work with ours. 7.) Maintenance The required maintenance of a project is governed by the owner’s needs, the budget, and the type of facility. Due to our environment, the hot humid summers, risks of high winds that can occur at any moment we tend to have broad covered entries, good roof overhangs along gable ends and soffits and roof pitches that prevent water from being blown in unwanted areas. 8.) Budgeting In the booming economy we are in today, project budgeting is a challenge. Through our experience on various types of projects we know what type assemblies have cost in the past. If we feel we could be faced with a potential cost over-run, we will discuss it with the owner and if necessary, create deductive alternates that can be taken during bid time. 9.) Contractor Workmanship To minimize deficiencies in the contractor’s workmanship, we visit the project as often as is necessary to observe the work. If we feel the work is substandard, we notify the contractor and the owner and recommend the work be corrected prior to payment for the work. 10.) Questions, Clarifications, Pay Applications and Closeout When Adams Stewart receives any RFI or any type of need for clarification, we review the question and provide whatever is necessary to clarify it. If a supplemental drawing is required, we will provide it. Any additive or deductive cost proposals are reviewed individually on a case-by-case basis. If additional information is required to substantiate a potential cost add or deduct, we will ask for additional information from the contractor or seek information from other industry professionals. When Pay Applications are received in this office, we visit the site to determine if the percentage complete is correct and the work in place is satisfactory. When this is done and we feel the Pay Application is correct, we certify it for payment and forward it to the owner for payment. Upon the contractor’s submission of their final punch list to Adams Stewart, we then visit the site and review the work in place room by room and make our final punch list for completion. Close out documents are submitted to us by the contractor. We review them in accordance with the contract for construction and if they are complete, they are forwarded to the Owner. Page 105 of 301 Page 9 of 10 11.) Americans with Disabilities Act We review all our designs with the Americans with Disabilities Act during and throughout the design process. In addition, we have the typical required heights, widths and required accessories shown on our general information title blocks. Current Workload Our current workload includes the following projects and consultants who are also represented as part of this RFQ. Baldwin County Career Prep Academy, Loxley, AL (Adams Stewart, Barton & Schumer Engineering). This project was awarded through a design competition and is currently under construction. Silverhill Elementary School, Silverhill, AL, Baldwin County Board of Education (Adams Stewart Architects, Barton & Schumer Engineering). This project is currently under construction. Loxley Elementary School, Loxley, AL, Baldwin County Board of Education, (Adams Stewart Architects, Barton & Schumer Engineering). This project is under construction. Baldwin County Commission, District Attorney’s Office (Adams Stewart Architects, Stewart Engineering, Barton & Shumer Engineering, Smith Mechanical). This project is in the Design Phase. Dollar General Locations: Multiple States/Locations (Adams Stewart Architects, Barton & Schumer Engineering, Stewart Engineering) Tractor Supply Company, Multiple States/Locations (Adams Stewart Architects, Barton & Shumer Engineering, Stewart Engineering) Fee Structure: Adams Stewart Architects follows the Alabama Building Commission’s published fee rates for design professionals. This schedule is available at the following link: http://www.bc.state.al.us/Chapter4supplement.htm. In general, it represents a percentage-based fee applied to actual construction cost. Insurance/Financial/Legal Standing: Adams Stewart Architects operates on a positive cash flow basis. We currently have no debt or debtors. Our business strategy maintains this item as a top priority, and we are proud to disclose this information. We maintain a General Liability Policy with an aggregate limit of $4M and a per occurrence limit of $2M. Our Professional Liability policy covers $2m aggregate and $1M per occurrence. Company UEI Number and Registration within the System for Award Management (SAM): Page 106 of 301 Page 10 of 10 Adams Stewart Architects has paid all application fees and completed all necessary information for the UEI and SAM approval. This is a 10-to-15-day process, and we did not receive this information at the time of this submittal. I can attest that there are no pending issues that will prevent this from being approved. The process was simply not completed by the time applications were due. Having completed more than 20 FEMA funded projects, this was not required of those projects. Contractually our obligation will be to the City of Fairhope rather than the Federal Government. Thank you once again for this opportunity and the chance to be included in the growth of the City of Fairhope and the First Responders Safe Room. If you have any questions, please do not hesitate to contact our office. Respectfully Submitted, Todd F. Stewart Jason C. Shipp David C. Adams Principal, Architect Principal, Project Manager Principal, Architect Page 107 of 301 Page 108 of 301 Page 109 of 301 Page 110 of 301 Jason Franklin City of Semmes Jasonfranklin@cityofsemmesal.gov 251-442-4334 June 13, 2024 To whom it may concern, On behalf of the City of Semmes I would like to express my wholehearted recommendation for Adams-Stewart Architects. We have used the firm for a couple of projects over the past few years and found that the quality and professionalism of their team is exceptional. Every step of the process from initial consultation to project completion exceeded our expectations. The projects were managed using effective communication, attention to detail and creative solutions to problems which lead to a smooth and enjoyable experience. We are completely satisfied with Adams- Stewart Architects and are confident that you will receive the same level of service that we did. Sincerely, Jason Franklin Page 111 of 301 Page 112 of 301 Page 113 of 301 Page 114 of 301 Page 115 of 301 Page 116 of 301 Page 117 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-562 FROM: Richard Johnson, CITY ENGINEER SUBJECT: Award Bid No. 2023WWF-034 for the Working Waterfront and Greenspace Project to Rolin Construction, Inc. with a bid proposal not-to-exceed $9,988,379.46. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: Approve the Bid Award for Bid No. 2023WWF-034 for the Working Waterfront and Greenspace Project to Rolin Construction, Inc. with a bid proposal not -to-exceed $9,988,379.46. BACKGROUND INFORMATION: Previous Actions: Resolution 5037-24 meeting date: 4/08/24 Alabama Department of Conservation and Natural Resources (ADCNR) did request additional RESTORE Act Direct Component MIP funds from Alabama Gulf Coast Recovery Council for $3.589.095.35 (75% of the overrun amount) to cover the additional costs; and approve the additional amount on increasing the total grant amount to $8,802,014.35 overrun remaining and the City will commit to cover the remaining construction cost of $1,186,365.11. Resolution 5045-24 meeting date: 4/22/24 City Council 's intent is to award a contract to Rolin Construction, Inc. (Bid No. 2023WWF-034) for the Working Waterfront and Greenspace Project with a bid proposal not-to-exceed 9,988,379.46. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 101-57000 Working Waterfront $___ $9,988,379.46 ($____) GRANT: RESTORE Grant MIA14-FHWW Page 118 of 301 RESOLUTION NO. ______ WHEREAS, on April 8, 2024, Resolution No. 5037-24 was adopted by the City Council to authorize the additional $3,589,095.35 Working Waterfront and Greenspace Restoration project from the Alabama Gulf Coast Recovery Council (AGCRC) to award RESTORE Act Direct Component MIP funds which is 75% of the overrun amount. The AGCRC has approved this request and the City of Fairhope has committed to cover the remaining 25% ($1,186,365.11); and that the City Council authorizes the Mayor to sign the co-funding commitment letter on behalf of the City; and WHEREAS, on April 22, 2024, Resolution No. 5045-24 was adopted by the City Council to show its intent to award a contract to Rolin Construction, Inc. (Bid No. 2023WWF-034) for the Working Waterfront and Greenspace Project with a bid proposal not -to-exceed $9,988,379.46 once approval from U.S. Department of Treasury is received. The contract will also require review and approval by ADCNR, U.S. Treasury, and City Attorney prior to execution; and WHEREAS, the City of Fairhope has received approval from the U.S. Department of Treasury, ADCNR, and the City Attorney. THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That the City of Fairhope awards Bid No. 2023WWF-034 for the Working Waterfront and Greenspace Project to Rolin Construction, Inc. with a bid proposal not-to-exceed $9,988,379.46. The contract has been approved by the U. S. Department of Treasury, ADCNR, and City Attorney pursuant to Resolution No. 5045-24. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 __________________________________ Corey Martin, Council President Attest: ___________________________________ Lisa A. Hanks, MMC City Clerk Page 119 of 301 RESOLUTION NO. 5037-24 APPROVAL OF CO-FUNDING COMMITMENT FOR GRANT NO. M1A14-FHWW RESTORE ACT \\'ORKING WATERFRONT AND GREENSPACE RESTORATION WHEREAS , the City of Fairhope was awarded a RESTORE Act Grant (Ml A 14- FHWW) from the US Department of Treasury on September 15 , 2022 in the amount of $5 ,212,919.00 for the City of Fairhope's Working Waterfront and Greenspace Restoration Project constru ction phase; and WHEREAS , the City did bid the project two times with the one (I) bid coming in at $ 1 1,629,458 .61 which was $6,416,539 .61 over the amount allocated for construction costs on the grant; and WHEREAS , the City of Fairhope did reject the hid and entered into negotiations with the bidder to reduce the construction costs by S 1,641 ,079.15 to $9,988 ,379.46; and WHEREAS, the Alabama Department of Conservation and Natural Resources (ADCNR) did request additional RESTORE Act Direct Component MIP funds from Alabama Gulf Coast Recovery Counci l (AGCRC) for $3,589,095 .35 (75% of the overrun amount) to cover the additional costs ; and WHEREAS, the AGCRC approved the additional amount on April l, 2024 increasing the total grant amount to $8 ,802 ,014.35 with $1 ,186,365 .11 overrun remaining: and NOW, THEREFORE IT BE RESOLVED BY THE CITY OF FAIRHOPE, IN REGULAR SESSION ASSEMBLED , that the City will commit to cover the remaining construction costs of $1,186,365.11 ; and BE IT FURTHER RESOLVED BY THE F FAIRHOP E that the C ouncil authorizes the Mayor to sign the co -fundin ent le tter o n be h a lf of th e City . DULY ADOPTED THIS 8 ----. 2024 Corey Martin. Council President Attest: City Clerk Page 120 of 301 22 April 2024 RESOLUTION NO. 5045-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: 10423 [ l] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 2023WWF-034) for Working Waterfront and Greenspace Project at 555 South Section Street at the City of Fairhope Offices, Fairhope, Alabama . [2] At the appointed time and place, the bids were opened and tabulated. One (1) bid was received by Rolin Construction, Inc. significantly over budget. [3] City Council rejected the bid and authorized Mayor Sullivan to enter into contract negotiations with Rolin Construction, Inc. after which the cost estimate was significantly reduced, but still over the grant funding amount. [ 4] City Council did request additional funding from Alabama Gulf Coast Recovery Council (AGCRC) for the overrun and was approved with the next step being approval from the U.S . Department of Treasury. [5] That the City Council's intent is to award a contract to Rolin Construction, Inc . (Bid No. 2023WWF-034) for the Working Waterfront and Greenspace Project with a bid proposal not-to-exceed $9,988,379.46 once approval from U.S. Department of Treasury is received. The contract will also require review and approval by ADCNR, U.S. Treasury, and City Attorney prior to execution . DULY ADOPTED THIS 22ND A Y •;)F A.J.J...~~~;--- Corey Martin, Council President Attest: Councilmember Conyers introduced in writing, and moved for the adoption of the fo1lowing resolution, a resolution that the City of Fairhope approves the procurement of a 36-month contract for Mat Rental Service from Cintas Corporation; and the rental service is available through the OMNIA Partners Contract #222886 which has been nationally bid, and therefore, does not have to be let out for bid . The total estimated cost for 36 months will be $22,968.00 . Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 121 of 301 Lisa A. Hanks, MMC From: Sent: To: Cc: Subject: Attachments: Kimberly Creech Tuesday , July 16, 2024 12:47 PM Lisa A. Hanks , MMC Erin Wolfe FW : Fa i rhope Wo r king Waterf ront and Greenspace -Approva l to Execute Construction Contract Approval to Execute Contract Fairhope WWF .pdf See below. I believe we need council to authorize the contract now . Is that correct? Thanks, Kim From: Michele Finn <michele .finn@volkert .com> Sent: Tuesday, July 16, 2024 8:52 AM To: Sherry Sullivan <sherry .sullivan@fairhopeal.gov> Cc: Nicole Love <nicole.love@fairhopeal.gov>; Kimberly Creech <kimberly.creech@fairhopeal.gov>; Hunter, Amy <amy.hunter@dcnr.alabama .gov>; Seale, Emily <emily.seale@dcnr.alabama.gov> Subject: Fairhope Working Waterfront and Greenspace -Approval to Execute Construction Contract Good Morning Mayor Sullivan, I am sending this message on behalf of Dr. Hunter. Yesterday, the US Department of the Treasury approved the Fairhope Working Waterfront and Green space project to move forward with construction . Please find Dr. Hunter's formal approval for the City of Fairhope to execute the construction contract. Dr. Hunter wanted me to pass along congratulations to you and your team for getting the project to this point. Michele Michele Finn Assistant Vice President, Gulf Region I Volkert, Inc. volkert.com Cell: 813-313-0231 The information contained in this e-mail , including any accompanying documents or attachments , is from Volkert, is intended only for the use of the individual or entity named above , and is privileged and confident ial. If you are not the intended recipient , be aware that any disclosure , dissemination , distribution , copying or use of the contents of this message is strictly prohibited . If you have received this message in error, please notify Volkert immediately at our corporate office (251) 342-1070 . Thank you for your cooperation . 1 Page 122 of 301 STATE OF ALABAMA DEPARTME T OF CO SERVATIO N AND ATURAL RESOURCES 64 NORTH UN ION STR EET, SU ITE 468 KAY IVEY GOVERNOR July I 6 , 2024 To: Mayor Sherry Su ll ivan From: Amy Hunter, Ph .D . MONTGOM ERY , ALABAMA 36 130 (33 4) 242 -3486 RE: Approval to Execute Contract for Construct ion Services Fairhope Working Waterfront and Greenspace Restoration Project FAIN #RDCGR0I0087 Dear Mayor Su lli van : C HRISTOPHER M . BLANKENSHIP COMMISSIONER EDWARD F. POOLOS D EPU TY COMMISSIONER ADCNR has reviewed the se lection material and draft contract for the Fairhope Working Waterfront and Greenspace Restoration project. The City of Fairhope , in accordance with the current grant agreement, is approved by ADCNR to execute a contract with Rolin Construction. Please update the subcontractor listing fonn anyt im e t he prime contractor brings an additional subcontractor onto the project team. The prime co ntractor must also provi de written documentation s howing compliance with 2 CFR 200.321 (MBE/WBE outreach) when adding subcontractors to the project team . Acceptable outreach documentation is written communication between the prime contracto r and the APEX Acce lerator of Alabama and/or written communication betwee n the prime contractor and MBE/WBE firms . Karla Jordan Alabama International Trade Center Alabama SBDC Network APEX Accelerator of A labama The University of Alabama (205) 348-7621 Once yo u have executed the contract and issued the associated the Notice to Proceed , please se nd these doc um ents to (Emily.Seale@ alabama.dcnr.gov ). One final review by ADCNR must occur prior to the issuance of approval to commence construction. Please reach out if yo u have any questions. And co ngratu lations on moving this project forward to construction!! T hank you , Amy Hunter, Ph.D. DWH Restoration Coordinator A labama Department of Conservation and Natural Re sources The Departme nt of Conservation and Natu ral Resources does not di scriminate on th e ba sis of race , co lor , re li gion, age, sex , nati ona l origin , disabi lity , pregnancy , geneti c infonnati on or ve teran statu s in it s hirin g or emp loy ment practices nor in adm ission to, access to, or operatio ns of its programs, services , or activiti es. Page 123 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-553 FROM: Richard Johnson, CITY ENGINEER SUBJECT: City Engineer, Richard Johnson, is requesting approval for a contract amendment for RFQ PS001-22 Request for Qualifications Professional Landscape Architectural Services - Planning, Design, and Construction Related Services to add Construction Materials Testing and Inspection Services. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve Contract Amendment No. 1 for RFQ PS001-22 Request for Qualifications Professional Landscape Architectural Services - Planning, Design, and Construction Related Services to add Construction Materials Testing and Inspection Services for $14,820.23, to increase the total contract cost to $178,320.23. BACKGROUND INFORMATION: City of Fairhope approved contract award for RFQ PS001-22 Request for Qualifications Professional Landscape Architectural Services - Planning, Design, and Construction Related Services for the GOMESA Grant No. G-CFNP21CF Grant Funded Capital Improvements Project in the Flying Creek Nature Preserve (formerly known as Triangle Property) to Thompson Engineering, Inc. on September 12, 2022. The contract total award was One Hundred Sixty-Three Thousand Five Hundred Dollars ($163,500.00). The City Engineer has requested Contract Amendment No. 1 to add Construction Materials Testing and Inspection Services for an additional Fourteen Thousand Eight Hundred Twenty Dollars and Twenty-Three Cents ($14,820.23). This will increase the total contract amount to a not-to-exceed cost of One Hundred Seventy-Eight Thousand Three Hundred Twenty Dollars and Twenty-Three Cents ($178,320.23). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55890 Flying Creek Nature Preserve $0.00 $14,820.23 ($14,820.23) Page 124 of 301 GRANT: GOMESA Grant No. G-CFNP21CF LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 125 of 301 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 amendment with Thompson Engineering, Inc. for (RFQ PS001-22) Request for Qualifications Professional Landscape Architectural Services – Planning, Design, and Construction Related Services (for the Flying Creek Nature Preserve Project, formerly known as the Triangle Property) to add Construction Materials Testing and Inspection for an additional not-to-exceed cost of $14,820.23. ADOPTED ON THIS 22ND DAY OF JULY 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 126 of 301 City of Fairhope Contract Amendment Request for Qualifications No. PS001-22 Professional Landscape Architectural Services GOMESA Grant No. G-CFNP21CF Planning, Design and Construction Related Services This AMENDMENT OF CONTRACT (“AMENDMENT”) is made this ________ day of _____________, 2024 for the purpose of increasing the contract for RFQ PS001-22 Request for Qualifications Professional Landscape Architectural Services – Planning, Design, and Construction Related Services dated September 30, 2022 (“Original Contract”) between the City of Fairhope and Thompson Engineering, Inc. (the “Parties”). 1. The Original Contract, which is attached hereto as part of this Amendment is described below: The Original Contract was awarded for a not-to-exceed amount of One Hundred Sixty-Three Thousand Five Hundred Dollars ($163,500.00) 2. The Parties agreed to amend the Original Contract to add Construction Materials Testing and Inspection Services as described in the attached Proposal No. 24-4330-0138 for the cost of Fourteen Thousand Eight Hundred Twenty Dollars and Twenty-Three Cents ($14,820.23) (including a 5% contingency fee). 3. That amendment binds and benefits both Parties and any successors or assigns. This document, including the attached original contract, is the entire agreement between the Parties. All other terms and conditions of the Original Contract, remain unchanged. This contract will be increased Fourteen Thousand Eight Hundred Twenty Dollars and Twenty-Three Cents ($14,820.23). The total cost of the contract shall be not-to-exceed One Hundred Seventy-Eight Thousand Three Hundred Twenty Dollars and Twenty-Three Cents ($178,320.23). IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment as of the day and year first above written. THE CITY OF FAIRHOPE, ALABAMA _____________________________________ _____________________________________ By: Sherry Sullivan, Mayor By: Lisa A. Hanks, MMC, City Clerk NOTARY FOR THE CITY I, the undersigned authority in and for 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 on the date of the same bears date. Given under my hand and Notary Seal on this ________ day of _____________, 2024 Notary Public ___________________________ My Commission Expires ___________________ Page 127 of 301 If Corporation, Partnership, or Joint Venture _____________________________________________________________________________________ Name of Corporation, Partnership, or Joint Venture By: _____________________________________ _______________________________________ Signature of Officer Authorized to Sign Bids Position or Title and Contracts for the Firm _____________________________________________________________________________________ Email Address _____________________________________________________________________________________ Business Mailing Address _____________________________________________________________________________________ City, State, Zip Code _____________________________________ _______________________________________ General Contractor’s License Number Foreign Corporation Entity ID (Required of out-of-state vendors) NOTARY STATE OF ______________________________} COUNTY OF ____________________________} 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 Print Company Name Whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, being of the contents of the document they executed the same voluntarily on the day the same bears date. Given under my hand and Notary Seal on this ________ day of _____________, 2024. Notary Public ___________________________ My Commission Expires ___________________ Page 128 of 301 TE Proposal:24-4330-0138 Rev. 0 6/12/2024 Phone: 251.706.6534 Email: midavis@thompsonengineering.com CMT Services Labor Class / Soils and Concrete Testing Role Unit Code Unit of Measure Unit Fees Quantity Cost CMT Technician Field Testing 503 Each $80.00 120 $9,600.00 Sieve (ASTM D 422)Soils Laboratory G024 Each $70.00 5 $350.00 Moisture Density (ASTM D 698)Soils Laboratory G040 Each $100.00 5 $500.00 Compressive Strength of Concrete Cylinders (set of 4)Soils Laboratory T617 Each $58.50 5 $292.50 Adminstrative Assistant Document Controls 799 Hour $83.00 12 $996.00 CMT Manager CMT Oversight 050 Hour $198.00 12 $2,376.00 Fee Estimate:$14,114.50 Contingency (5%):$705.73 Total Fee:$14,820.23 Mobile Lab & CMT Manager Prepared by: Description of Services Project Management, Document Controls & Professional Services Laboratory Services Field Services Client / Project: City of Fairhope Flying Creek Nature Preserve (Triangle Park) CMT M. Davis 1.Notes: Thompson Engineering is pleased to provide the following proposal for providing our Construction Materials Testing and Inspec tion Services for the subject project. Quantities are subject to change based on changes in project schedules and scope. Fees for any additional services requested not listed in the proposal will be charged in accordance with our standard schedule of fees on a time and materials basis. Alabama | Florida | Georgia | Louisiana | Mississippi | North Carolina | Tennessee | Texas 2970 Cottage Hill Rd. Ste. 190 Mobile, AL 36606 thompsonengineering.com | 251.666.2443 Page 129 of 301 RESOLUTION NO. 4542-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRH OP E, ALABAMA , as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract for Professional Landscape Architectural Services for (GOMESA Grant No. G- CFNP21 CF) Grant Funded Capital Improvement Project in the Triangle Property with Thompson Engineering , Inc. who will partner with Watershed , LLC for (RFQ PS00l-22) with a negotiated not-to-exceed amount of $163 ,500.00 ; and fees are reimbursable on grant in the amount of $107 ,141.71. DULY ADOPTED THIS 12TH DAY OF SEPTEMBER, 2022 ~a ~~=~ mes Reidonie: Jr. Council President Attest: City Clerk Page 130 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-554 FROM: Richard Johnson, CITY ENGINEER SUBJECT: City Engineer, Richard Johnson, is requesting the procurement of professional landscape architectural services for the preliminary vision and budget for Bancroft Corner. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve negotiated not-to-exceed amount of $12,500.00 for this project and allow the Mayor to execute a contract with Christian Preus Landscape Architecture and Authorize the transfer of FY24 Budget of $12,500.00 in Landscape - St Material 001360-51410 to Professional Services 001360-50290. BACKGROUND INFORMATION: The City Engineer is seeking to procure a landscape architecture firm to evaluate the current site conditions of the small park at the corner of Bancroft and Fairhope Avenue. The architect will develop two concept plans to revitalize the space. After concepts are reviewed, the architect will consolidate feedback into one final scheme and provide supporting images to illustrate what the space could look like. A preliminary budget will accompany the final concept. Total cost quoted by Christian Preus Landscape Architecture for this professional service is Twelve Thousand Five Hundred Dollars ($12,500.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001360- 51410 Landscape - St Material $12,500.00 $12,500.00 $0.00 Authorize the transfer of FY24 Budget of $12,500.00 in 001360-51410 to Professional Services 001360-50290. Page 131 of 301 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract with Christian Preus Landscape Architecture for Professional Landscape Architectural Services for (RFQ PS24-030) for the Preliminary Vision and Budget for Bancroft Corner with a not-to-exceed amount of $12,500.00; and authorizes the transfer of FY24 budget of $12,500.00 in 001360-51410 to Professional Services 001360-50290. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 132 of 301 June 25, 2024 City of Fairhope (Client) Attn: Mr. Richard Johnson, PE Regarding: Preliminary Vision / Budget – Bancroft Corner Dear Richard: Thank you for considering Christian Preus Landscape Architecture, PLLC (CPLA) for the conceptual design, visioning and budget planning for the Bancroft Corner. Please find a description for the project below, as well as our scope of services and fees to take the project through a preliminary visioning stage. PRELIMINARY VISION & BUDGET FEE: $12,500 – Lump Sum Our team will evaluate the current site conditions and develop two concept plans for the City to consider revitalizing the corner space at the intersection of Bancroft and Fairhope Avenue. After concepts are reviewed, we will consolidate feedback into one final scheme and provide supporting images to illustrate to City leadership what the space could look like. A preliminary budget will accompany the final concept. Note: If survey information is not available, we will request a survey from a local survey and submit the cost as a reimbursable expense. If the plans move forward, we will issue a separate proposal for design development and construction document services. TERMS Our work on this project will commence promptly upon receipt of the signed Letter of Agreement. Progress billings will be submitted regularly throughout the term of the project. Invoices are due on receipt. If an invoice is not paid timely (45 days), work on the project will stop until all past due balances and progress billings are paid in full. The landscape architect is not responsible for the means and methods or appropriateness of the installation procedures undertaken by any contractor and not responsible for job safety. The landscape architect is not responsible for the location of any underground utilities or pipes, or any cracking in concrete, wood or other materials. The landscape architect is not responsible for cost overruns, Page 133 of 301 foundation or drainage problems, or other complications related to the topographical elevation changes dictated by the design of the building or structures on the property. ADDITIONAL SERVICES Additional services consist of professional services provided which are not described specifically above but are mutually agreed upon between the Client and the Landscape Architect. Additional Services will be performed at the appropriate hourly rate, with estimates of time requirements first presented to you for approval. Richard, we are grateful to be considered for this project. Please let me know if you need any additional information to assist you at this time. Sincerely, CHRISTIAN PREUS LANDSCAPE ARCHITECTURE, PLLC 06-25-24 BY : Christian H. Preus, ASLA Date Client Date Page 134 of 301 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Richard D. Johnson, PE – City Engineer Date: 06-26-2024 Department: Public Works – Capital Project Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *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. **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. CPLA (Christian Preus Landscape Architecture) $ Lum Sum (NTE) $12,500.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ 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? Contract Professional Landscape Architecture Services 2. What is the total cost of the item or service? $12,000.00 3. How many do you need? Defined Contract for Preliminary Vision / Budget – Bancroft Corner 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): CPLA 6. Vendor Number: 4302 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 ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $12,500.00 3. Budget code: 001360-51410 Line 30 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 135 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-558 FROM: Richard Johnson, CITY ENGINEER SUBJECT: City Engineer, Richard Johnson, has requested Change Order No. 1 for the Contract with Blade Construction LLC for Bid No. 24-024- 2021-PWI-019 North Ingleside Drainage Repair/Improvement Project. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve Change Order No. 1 for the Contract with Blade Construction LLC for Bid No. 24-024-2021-PWI-019 North Ingleside Drainage Repair/Improvement Project for a cost not-to-exceed $8,825.00. BACKGROUND INFORMATION: The contract award for Bid No. 24-024-2021-PWI-019 North Ingleside Drainage Repair/Improvement Project to Blade Construction LLC was approved on March 21, 2024 for $323,022.00. The project involves a significant road cut across N. Ingleside Drive to replace the failed cross drain. The unit quantities included binder asphalt and a significant section of asphalt wearing surface. For the wearing to be tied into the existing asphalt for a smooth transition and ride quality milling (asphalt planing) would be required. Post pre- bid this was clarified in the prepared addendum Number 1 – Under Pavement Build Up with the following - NOTE: Any required milling/planing for edges and tie-ins shall be a subsidiary obligation of the Asphalt Unit Price. Unfortunately, when the Addendum was issued by the City, the important note was omitted. Thus, the bidding Contractor did not include that cost into his asphalt unit price. We now need to pay for the work to insure a satisfactory job and roadway surface quality. Additional sod is also required for Eight Hundred Twenty-Five Dollars ($825.00) The total cost of this change order is Eight Thousand Eight Hundred Twenty-Five Dollars ($8,825.00). This change order will change the total cost of the contract to Three Hundred Thirty-One Thousand Eight Hundred Forty-Seven Dollars ($331,847.00). This represents a 2.5% change in contract costs. Previous Council Action: Resolution No. 5018-24 Adopted by Council on March 21, 2024, awarded Bid No. 24- Page 136 of 301 024-2021-PWI-019 North Ingleside Drainage Repair/Improvement Project to Blade Construction in the amount of $323,022.00. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55853 Drainage - N. Ingleside $0.00 $8,825.00 ($8,825.00) GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 137 of 301 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 24-024-2021-PWI-019) for North Ingleside Drainage Repair/Improvement Project with a cost of $8,825.00 for milling/planning for edges and tie-ins; and award Change Order to Blade Construction, LLC. The new contract total will be $331,847.00. ADOPTED ON THIS 22ND DAY OF JULY 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 138 of 301 CHANGE CITY OF FAIRHOPE ORDER REQUEST OWNER: CITY OF FAIRHOPE ARCHITECT/ENGINEER: Richard D. Johnson, PE CONTRACTOR: Blade Construction, LLC PROJECT: 2021-PWI 019 – N Ingleside Drainage Repair/Improvement CHANGE ORDER REQUEST NO. #1 (No. One) DATE: July 11, 2024 1. DESCRIPTION OF CHANGE: The project involves a significant road cut across N. Ingleside Drive to replace the failed cross drain. The unit quantities included binder asphalt and a significant section of asphalt wearing surface. For the wearing to be tied into the existing asphalt for a smooth transition and ride quality milling (asphalt planing) would be required. Post pre-bid this was clarified in the prepared addendum Number 1 – Under Pavement Build Up with the following - NOTE: Any required milling/planing for edges and tie-ins shall be a subsidiary obligation of the Asphalt Unit Price. Unfortunately, when the Addendum was issued by the City, the important note was omitted. Thus, the bidding Contractor did not include that cost into his asphalt unit price. We now need to pay for the work to insure a satisfactory job and roadway surface quality. (Errors & Omissions). Solid sod was needed due to seed & mulch not being an effective BMP. 2. CHANGE ORDER COSTS: $8,825.00 Proposal Attached See Quantities Below Cost Estimated/Proposal Required Item Quantity Material Unit Price Labor (Hours) Labor Unit Price Sub-Total Cost a. Milling/Planing for tie ins and edge of pavement Lump Sum $6,500.00 Inc Inc $6,500.00 b. Mobilization of Milling Equipment Lump Sum $1,500.00 Inc Inc $1,500.00 c. Placement of Solid Sod* 110 SY $7.50/SY Inc Inc. $825.00 TOTAL: $8,825.00 *If more than 3 items, provide attachments. 3. INSTITUTED BY: Richard D. Johnson, PE (Project Engineer), David Thomas (Construction Inspector) and Contractor: Blade Construction, LLC. 4. JUSTIFICATION OF NEED: This was a scrivener’s error on the part of the City. The milling must be done to ensure a quality job. We are obligated to pay the additional costs in order to complete the project to the design specifications. Sod is required to insure stable shoulders and dressed site. 5. JUSTIFICATION OF CHANGE ORDER VERSUS COMPETITIVE BIDDING: This represents a 2.5% change in contract costs - competitive rebidding is not a feasible option. Page 139 of 301 6. COSTS REVIEW: C.O. in the amount of $8,825.00 represents a minor (approx. 2.5%) change in contract amount - the cost for the additional work is reasonable and in line with industry pricing standards. The work is required to successfully complete the project. 7. THIS CHANGE ORDER IS SUBMITTED FOR REVIEW AND APPROVAL AND IS CLASSIFIED AS THE FOLLOWING TYPE: Minor change of a total monetary value less than required for competitive bidding. Changes for matters relatively minor and incidental to the original contract necessitated by unforeseeable circumstances arising during the course of work. Emergencies arising during the course of work. Change or alternates provided for in the original bidding where there is no difference in price of the Change Order from the original best bid on the Alternate. Change of relatively minor terms not contemplated when the plans and specifications were prepared and the Project was bid and which are in the public interest and do not exceed 10% of the Contract Price. 8. EXTENSION OF TIME REQUESTED: Calendar Days: 0 (No additional days requested in the C.O.) RECOMMENDED: APPROVED: BY: BY: See attached from Contractor Fairhope’s Consulting Engineer Contractor BY: N/A BY: N/A Utility Representative OWNER’s Legal Advisor BY: OWNER’s Authorized Representative X X Page 140 of 301 Blade Construction Physical Address: 18234 County Road 12 South, Foley, AL 36535 Mailing Address: P.O. Box 359, Bon Secour, AL 36511 Phone 251-970-1050; bladeconstruction.com Page 1 of 1 N.INGLESIDE DRAINAGE IMPROVEMENTS CHANGE ORDER REQUEST 1 Project Location: FAIRHOPE , AL Date: 7/17/2024 Prepared For: THE CITY OF FAIRHOPE Prepared By: Colin Uter Details: Blade Construction LLC is requesting a change order for requested milling of the edge of pavement and asphalt tie ins to include a mobilization. In addition to the milling, we were instructed to install Bermuda Sod on the back of the curb in the disturbed areas. DESCRIPTION QTY UOM TOTALS REQUESTED MILLING (Mobilization $1,500 - Milling $6,500 )1 LS 8,000.00 BERMUDA SOD 110 SY 825.00 TOTAL $8,825.00 Licenses: AL 44220, LA 49914, MS 16751 Page 141 of 301 Blade Construction Physical Address: 18234 County Road 12 South, Foley, AL 36535 Mailing Address: P.O. Box 359, Bon Secour, AL 36511 Phone 251-970-1050; bladeconstruction.com Page 1 of 1 N. INGLESIDE DRAINAGE IMPROVEMENTS CHANGE ORDER REQUEST 1 Project Location: FAIRHOPE , AL Date: 7/17/2024 Prepared For: THE CITY OF FAIRHOPE Prepared By: Colin Uter Details: Blade Construction LLC is requesting a change order for requested milling of the edge of pavement and asphalt tie ins to include a mobilization. In addition to the milling, we were instructed to install Bermuda Sod on the back of the curb in the disturbed areas. DESCRIPTION QTY UOM TOTALS REQUESTED MILLING 1 LS 8,000.00 BERMUDA SOD 110 SY 825.00 TOTAL $8,825.00 Licenses: AL 44220, LA 49914, MS 16751 Page 142 of 301 RESOLUTION NO. 5018-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [l] That the City of Fairhope did request , receive , and open bids to procure services for (Bid o. 24-024-2021-PWI-0 19) for orth Ingleside Drainage Repair/Improvement Project at 555 South Section Street in the City of Fairhope offices , Fairhope , A labama. [2] At the appointed time and place , bids were received and tabulated as follows: Please see attached Bid Tabulation to (Bid o . 24-024-2021-PWI-019) North Ingleside Drainage Repair/Improvement Project [3] After evaluating the bids with required specifications, Blade Construction , LLC is now awarded (Bid o. 24-024-2021-PWI-0 19) for orth Ingleside Drainage Repair/Improvement Project with a bid prop ot-to-exceed $323 ,022.00 . Corey Ma11in , Counci l President Attest: Page 143 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-541 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater Department. Daryl Morefield, is requesting to procure a professional engineering firm for on-call engineering services annual contract for Water/Wastewater Department projects. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve the Mayor's choice of Dewberry Engineering, Inc. for On -Call Professional Engineering Services for the Water/Wastewater Department Annual Contract and allow the Mayor to negotiate fees. BACKGROUND INFORMATION: The Superintendent of Water/Watewater Department, Daryl Morefield, is requesting to procure a professional engineering firm for RFQ PS24-031 On-Call Professional Engineering Services for Water/Wastewater Department Annual Contract. This contract would be for design of upgrades and ongoing projects for the City Water/Wastewater Department projects as needed. Per the City "Procedure for Procuring Professional Services for Projects under $100,000.00," Superintendent of Water/Wastewater Department, Daryl Morefield, and Mayor Sherry Sullivan have chosen Dewberry Engineering, Inc. The recommen dation to Council is to award the RFQ to Dewberry Engineering on a three-year contract basis and allow the Mayor to negotiate a not-to-exceed amount. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 50290 Professional Svcs $TBD $TBD $TBD GRANT: N/A Page 144 of 301 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection of Dewberry Engineering, Inc. for On-Call Professional Engineering Services (RFQ PS24-031) for the Water and Wastewater Departments; and hereby authorizes Mayor Sherry Sullivan to negotiate the fee to be approved by Council. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 145 of 301 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: July 2, 2024 Re: RFQ PS24-031 On-Call Professional Engineering Services for Water/Wastewater Projects The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a professional engineering firm for RFQ PS24-031 On-Call Professional Engineering Services for Water/Wastewater Projects Per our Procedure for Procuring Professional Services, Daryl Morefield and I are providing firms for the Mayor to select from for the work. The purpose of hiring the company is to perform professional engineering services for the design of upgrades and engineering of various projects for the Water and Wastewater Departments. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Dewberry Engineering _____________ ___________ None. Submit another list Cc: file, Daryl Morefield, Mayor Sherry Sullivan Jul 2, 2024 Page 146 of 301 Memo to Choose - On-Call Engineer Water Wastewater Final Audit Report 2024-07-02 Created:2024-07-02 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAA3xkaeZPcroeqNQnjeUhCEvG2ml0L131I "Memo to Choose - On-Call Engineer Water Wastewater" Histor y Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-07-02 - 1:29:00 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-07-02 - 1:29:54 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-07-02 - 1:38:07 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-07-02 - 1:38:31 PM GMT - Time Source: server Agreement completed. 2024-07-02 - 1:38:31 PM GMT Page 147 of 301 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Daryl Morefield Date: 6/25/2024 Department: Water Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *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. **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. Dewberry Engineers $ 95,000.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ 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? General engineering services-On-Call Engineer Annual Contract 2. What is the total cost of the item or service? $95,000.00 3. How many do you need? 1 Each 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Dewberry Engineers 6. Vendor Number: 3549 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 ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $95,000.00 3. Budget code: 004010-50290 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 148 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-545 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and the Wastewater Treatment Plant Manager, Dennis Scott, are requesting approval for the procurement of a new Gorman Rupp Model T8A71S-B self-priming pump for the Wastewater Treatment Plant. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve this procurement of a new Gorman Rupp Model T8A71S-B self-priming pump for the Wastewater Treatment Plant for $29,765.00 plus freight. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater and the Wastewater Treatment Plant Manager are requesting the procurement of a Gorman Rupp Model T8A71S -B self- priming pump as an addition to the three Gorman Rupp pumps already installed at the Wastewater Treatment Plant. The cost of the pump from Jim House & Associates is Twenty-Nine Thousand Seven Hundred Sixty-Five Dollars ($29,765.00) plus freight. Jim House & Associates is the sole source distributor of Gorman Rupp pumps in this area. The equipment is exempt from formal bidding per Code of Alabama 1975, Section 41 - 16-57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of an indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59502 System Imprv - WWTP $29,765.00 $29,765.00 $0.00 Page 149 of 301 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I] That the City of Fairhope approves the procurement of a Gorman Rupp T8A71S-B Self-Priming Pump for the Wastewater Treatment Plant from Jim House & Associates as sole source distributor. The cost is $29,765.00 plus freight. ADOPTED ON THIS 22ND DAY OF JULY, 2024 ____________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 150 of 301 Page 151 of 301 Page 152 of 301 Page 153 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-544 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and the Wastewater Treatment Plant Manager, Dennis Scott, are requesting approval for the procurement of clarifier scraper blades, parts and installation service for the south clarifier at the Wastewater Treatment Plant. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve this procurement of scraper blades, parts and installation service for the south clarifier at the Wastewater Treatment Plant for $35,123.00. BACKGROUND INFORMATION: Parkson Brand scraper blades are the only scraper blades that can be used with the Parkson/Schreiber clarifier at the Wastewater Treatment Plant. Parkson is the only authorized provider of the scraper blades for the clarifier. The attached quotation from Parkson is for three (3) clarifier scraper blades with all parts for Seven Thousand One Hundred Dollars ($7,100.00) each, or Twenty -One Thousand Three Hundred Dollars ($21,300.00) total. Also included is the Field Service Call to install the three (3) scraper blades for a cost of Thirteen Thousand Eight Hundred Twenty-Three Dollars ($13,823.00). The total not-to-exceed cost is Thirty-Five Thousand One Hundred Twenty-Three Dollars ($35,123.00). The equipment is exempt from formal bidding per Code of Alabama 1975, Section 41 - 16-57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of an indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020-59502 WWTP - Sys Imprv $40,000.00 $35,123.00 $4,877.00 Page 154 of 301 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 Scraper Blades, Parts and Installation Service for the Schreiber South Clarifier at the Wastewater Treatment Plant from Parkson as sole source and manufacturer. The cost will not-to-exceed $35,123.00. ADOPTED ON THIS 22ND DAY OF JULY, 2024 ____________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 155 of 301 Page 156 of 301 Page 157 of 301 Page 158 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-546 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and the Wastewater Treatment Plant Manager, Dennis Scott, are requesting approval for the procurement of replacement Flygt Model SR4660 Anoxic Zone Mixer and Flygt Model Anaerobic Zone Mixer for the Wastewater Treatment Plant. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve this procurement of replacement Flygt Model SR4660 Anoxic Zone Mixer and Flygt Model Anaerobic Zone Mixer for the Wastewater Treatment Plant from Jim House & Associates for $56,889.00 plus freight. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater and the Wastewater Treatment Plant Manager are requesting the procurement of Flygt Model SR4660 Anoxic Zone Mixer and Flygt Model Anaerobic Zone Mixer as a replacement at the Wastewater Treatment Plant. The cost of the Flygt Model SR4660 Submersible Anoxic Zone Mixer driven by a 15HP Motor, 460/3/60, 304SS with 316SS Prop, 50' of Electrical Cable and Seal Leakage Sensor is Thirty-Nine Thousand Four Hundred Fifty Dollars ($39,450.00). The cost of the Flygt Model SR4640 Submersible Anaerobic Zone Mixer driven by a 4HP Motor, 460/3/60, 304SS with 316SS Prop, 50' of Electrical Cable and Seal Leakage Sensor is Seventeen Thousand Four Hundred Thirty-Nine Dollars ($17,439.00). The total cost is Fifty-Six Thousand Eight Hundred Eighty-Nine Dollars ($56,889.00) plus freight. Jim House & Associates is the sole source distributor of Flygt Equipment in this area. The equipment is exempt from formal bidding per Code of Alabama 1975, Section 41 - 16-57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of a n indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." Page 159 of 301 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59502 System Imprv - WWTP $56,889.00 $56,889.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 160 of 301 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 Flygt Model SR4660 Anoxic Zone Submersible Mixer and a Flygt Model SR4640 Anaerobic Zone Mixer for the Wastewater Treatment Plant from Jim House & Associates as sole source. The cost is $56,889.00 plus freight. ADOPTED ON THIS 22ND DAY OF JULY, 2024 ___________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 161 of 301 Page 162 of 301 Page 163 of 301 Page 164 of 301 Page 165 of 301 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Dennis Scott Date: 7/10/2024 Department: Water and Wastewater Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *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. **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. Jim House & Associates $ 56,889.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ 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? Flygt Anoxic Zone Mixer & Flygt Anaerobic Zone Mixer 2. What is the total cost of the item or service? $56,889.00 3. How many do you need? 1 each 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Jim House & Associates 6. Vendor Number: 615 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 ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $80,000 3. Budget code: 59502 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 166 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-556 FROM: Ben Patterson, ELECTRIC SUPERINTENDENT Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Electric Department, Ben Patterson, and the Superintendent of Water/Wastewater, Daryl Morefield, are requesting approval to purchase three (3) 150kVA 12470GY/7200-277/480V Loop Fed/Mineral Oil/ Pad Mounted Transformers and three (3) 300kVA 12470GY/7200-277/480Y Loop Fed/Mineral Oil/ Pad Mounted Transformers. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve the procurement of three (3) 150kVA 12470GY/7200-277/480V Loop Fed/Mineral Oil/ Pad Mounted Transformers and three (3) 300kVA 12470GY/7200- 277/480Y Loop Fed/Mineral Oil/ Pad Mounted Transformers for a total cost not-to- exceed $100,500.00. BACKGROUND INFORMATION: The Superintendent of Electric Department, Ben Patterson, and the Superintendent of Water/Wastewater, Daryl Morefield, are requesting the procurement of three (3) 150kVA 12470GY/7200-277/480V Loop Fed/Mineral Oil/ Pad Mounted Transformers and three (3) 300kVA 12470GY/7200-277/480Y Loop Fed/Mineral Oil/ Pad Mounted Transformers for the RESTORE funded Sewer Upgrades. Two (2) quotes and tone (1) "no bid" were received. The lowest quote, from SouthCon has a 96 week lead time, while the quote from Gresco has a lead time of 30-35 weeks. The savings is not significant compared to the much shorter lead time. The Gresco quote is: ERMCO 3 Phase 150kVA 12470GY/7200 - 277/480V Loop Fed/Mineral Oil/Pad Mounted Transformers: $14,500.00 Each Qty: 3 ERMCO 3 Phase 300kVA 12470GY/7200 - 277/480Y Loop Fed/Mineral Oil/Pad Mounted Transformers: $19,000.00 Each Qty: 3 Total Gresco Quote: One Hundred Thousand Five Hundred Dollars ($105,000.00). The cost will be included in the 2025 Budget, but due to the long lead time of 30-35 weeks, they need to be ordered as soon as possible to have them available for installation when necessary for the projects. The transformers are exempt from formal bidding per Code of Alabama 1975, Section Page 167 of 301 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.” BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 50470 WasteWater - Vehicles & Equip $0.00 $100,500.00 ($100,500.00) Transformers necessary to complete RESTORE funded Sewer upgrades will be included in FY25 Budget. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 168 of 301 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 Six (6) Pad Mounted Transformers from Gresco for RESTORE funded Sewer Upgrades for a not-to-exceed cost of $100,500.00. The transformers are exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). The cost will be included in the 2025 Budget. ADOPTED ON THIS 22ND DAY OF JULY, 2024 ________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 169 of 301 Gresco Rep:Quote Number: Email: Phone: Company:Fairhope Public Utilities Attn: Ben Patterson Electric Superintendent QTY.DESCRIPTION PRICE LINE TOTAL LEAD TIME 3 ERMCO 3 Phase 150kVA 12470GY/7200 - 277/480V Loop Fed/Mineral Oil / Pad Mounted Transformer $14,500.00/ea. $ 43,500.00 30 - 35 Weeks 3 ERMCO 3 Phase 300kVA 12470GY/7200 - 277/480Y Loop Fed/Mineral Oil / Pad Mounted Transformer $19,000.00/ea. $ 57,000.00 30 - 35 Weeks TOTAL TOTAL $ 100,500.00 Freight:0 Terms:Net 30 Days Taxes:Extra, Where Applicable 4106 Napier Field Road Dothan, AL 36303 www.gresco.com Thank you for the opportunity to provide the above pricing to you SERVICE. INTEGRITY. COMMITMENT. Note: All prices are quoted upon quantities listed above. Any changes to the quantity may be subject to a requote. Three Phase Pad Units For Wastewater Facilities Joe Wolchina joe.wolchina@gresco.com 334-791-7140 Page 170 of 301 From:Ben Patterson To:Erin Wolfe Subject:Fwd: Transformer quote Date:Wednesday, July 17, 2024 8:58:27 AM The lead times are almost 2 years on these. Get Outlook for iOS From: Leland McCully <lmccully@southcon.net> Sent: Wednesday, July 17, 2024 8:44:13 AM To: Ben Patterson <ben.patterson@fairhopeal.gov> Subject: Transformer quote Good morning Ben, Eaton Cooper Power pricing and lead time: 150 KVA—-$15,250—96 weeks lead time 300 KVA—-$21,300—-96 weeks lead time Leland McCully c. 251-979-2887 www.southcon.net Page 171 of 301 From:Ben Patterson To:Erin Wolfe Subject:Fw: 150KVA and 300 KVA padmounts Date:Tuesday, July 16, 2024 2:23:25 PM Here is one of the no quotes because of the lead times. From: Leland McCully <lmccully@southcon.net> Sent: Tuesday, July 16, 2024 1:23 PM To: Ben Patterson <ben.patterson@fairhopeal.gov> Subject: 150KVA and 300 KVA padmounts Good afternoon Ben, Southcon is the Rep for Virginia transformer and we appreciate opportunity to bid/provide Fairhope’s transformer needs but at this time we will have to NO BID due to extremely long lead times and backlog on materials. Thanks and keep us in mind for future needs. Leland McCully c. 251-979-2887 www.southcon.net Page 172 of 301 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Ben Patterson Date: 7-11-24 Department: Electric Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *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. **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. Gresco $ 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ 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? Transfomers 150 KVA 300KVA 2. What is the total cost of the item or service? Click or tap here to enter text. 3. How many do you need? 6 4. Item or Service Is: ☒ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Gresco 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? ☐ Yes ☒ 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.Cunningham@FairhopeAL.gov. Page 173 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-540 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting to hire a qualified contractor to perform Natural Gas Distribution System Leak Detection Survey on an annual contract. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To award Bid No. 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey to Surview Field Services, Inc. for a not-to-exceed annual contract cost of $85,000.00. BACKGROUND INFORMATION: A Request for Proposal was issued on May 17, 2024, posted to the City of Fairhope's website, and advertised in the Gulf Coast Media. Six (6) responsive proposals and one (1) non-responsive proposal were received at the bid opening on June 13, 2024 at 10:00 a.m. Two bidders submitted two proposals each with alternate survey techniques. The proposals were evaluated by three (3) City of Fairhope staff (see attached Evaluation Score Sheet). The recommendation by the evaluation team is to award the contract to Surview Field Services, Inc. Surview Field Services, Inc. Cost Proposal included: 1. Leak survey using remote methane leak detection (RMLD) equipment for gas services lines for $6.50/each. 2. Leak survey using remote methane leak detection (RMLD) equipment for gas mains for $160.00/mile. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-50290 Gas Professional Svcs $100,000.00 $85,000.00 $15,000.00 Page 174 of 301 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-050) for Natural Gas Distribution System Leak Detection Survey for the Gas Department at 555 South Section Street, City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Please see attached Bid Tabulation Natural Gas Distribution System Leak Detection Survey [3] After evaluating the bids with required specifications, Surview Field Services, Inc. is now awarded (Bid No. 24-050) for Natural Gas Distribution System Leak Detection Survey for the Gas Department with a bid proposal not-to-exceed $85,000.00. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 175 of 301 Page 176 of 301 Page 177 of 301 May 24, 2024 Addendum 1 Bid No. 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey Addendum 1 contains questions and answers submitted via email. This bid will be opened at the City of Fairhope’s City Services and Public Utilities Building, 555 South Section Street, Fairhope, AL 36532 at 10:00 AM on Thursday, June 13, 2024. Vendors shall acknowledge this Addendum 1 on their submitted Bid Response Form. Proposal Evaluation Change: The points allowed for the evaluation criteria has been changed to the following: 1.History of Firm (30 points) a. Total number of years in business b. Previous projects similar to project proposed c. History of firm performing leak surveys with natural gas utilities 2.Composition and Qualifications of Staff (15 points) a. Number of employees b. OQ qualification of individual staff members c. Quarterly PHMSA Drug & Alcohol statistics reports d. Experience and training procedures 3.Project Approach (35 points) a. Management capacity and system for coordinating work b. Survey procedures, methods, scope of work, equipment used c. Computer/tablet devices d. Other items 4.Price per Service and Price per mile for Gas Mains (20 points) (100 points total) ACKNOWLEDGED Page 178 of 301 City of Fairhope, Natural Gas Department 555 South Section Street Fairhope, Alabama 36532 Phone: (251) 928-8003 Questions Submitted Via Email: 1. The mandatory bid meeting, can we call in on? Or do we need to be there in person? A. The mandatory pre-bid meeting that is being held on Tuesday, June 4, 2024 at 10:00 a.m. can be attended via the following Teams meeting link: Join the meeting now Meeting ID: 221 374 508 201 Passcode: drudoa Each online attendee will need to send an email to Purchasing@FairhopeAL.gov after logging in to attend in order to record their attendance. If an email is not received, we will be unable to accept a proposal from your company. Note: The meeting link can be emailed directly to Vendors if requested. Because this is a mandatory pre-bid meeting, vendors are required to have an representative online or in person. 2. If we are unable to attend the mandatory pre-bid meeting in person, are we excluded from bidding this work? A. See Question 1 above. Vendors are required to have a representative attend the meeting either virtually or in person. 2. In the “Proposal Requirements” section, question 6 asks for a price per hour to complete the survey. In the “Bid Response Form” on Page 12, it asks for “Rate per Service”. Can you help clarify what The City of Fairhope is looking for in terms of pricing? A. Disregard the price per hour. The correct cost to bid is “Rate per Service” as listed in the Bid Response Form. The Bid Response Form has also been revised (see attached) to include a price per mile of gas main along with the service rate to have a cost breakdown for both services and mains separately. The revised Bid Response Form must be submitted with all proposals. 3. I don’t see where the quantity of gas mains and services to be checked this year are outlines in the RFP. Can you help clarify this information? A. The winning Proposer will be performing a leak survey of 1/3 of the City’s system including our business districts, schools, and critical area. See the attached map. This will be detailed in colored polygons on the map. This contract will consist of the North side of the jurisdiction colored in yellow, business districts and critical area colored in dark blue, and schools are colored pink. 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GreenhouseLymonColvin GreenwoodCemetery13Glover Snarr HolstonSedlack 55WeeksMannichEagle OaksWestChampion Elemis Harris Willow Lake 48White 64 Valerie KellerHuntersJimmy FaulknerUnnamed AnglersOttawa KeeneyVernant ParkNancyWilliams Mu n i c i p a l P a r kWhitehouse ForkTerra Bella Hillard Je n k i n sJoe DurantDouglasEslavaWhatley PalughiObee Neal Specs Charley Boothe Durban Fork BushelRedfernStewartGallery River YoungBohemian HallOak Tree1010 Blakel e y Mary Ann BeachMid d l e c r e e k Reed Keith Dry BranchGabriellaRiverMonk Bill Steege DarbyDeerBluefieldMagnolia ChurchHigbee5 RiversWorcesterRiver Creek 86 Liza Jan e Peturis 55Promise LipscombBertha Cleveland Rachel MyersGoldenHammock Br a n c h Three Mil e C r e e k Timber RidgeBedrockTensaw StapletonPolecat Creek Landfill Loop17Oak BayouFAIRHOPE\FAIRHOPE_SYNC BC_BASE.GIS1.ROADCENTERLINES DISTRIBUTIONMAIN CAST IRON OTHER PE PLASTIC STEEL UNKNOWN <ALL OTHER VALUES> TERRITORY NAME BELFOREST (0) DBD (0) DBD (26) DBD (8) DAPHNE (0) DAPHNE (0) DAPHNE HIGH (1) FBD (1797) FAIRHOPE (2) FAIRHOPE (3) FAIRHOPE (6) LOWER (4177) MIDDLE (3899) NEWTON (1) SFBD (54) SPANISH FORT (1) SPANISH FORT (2) SPANISH FORT (3) ST MICHAEL (2) STAPLETON SCHOOL (1) UPPER (4405) <ALL OTHER VALUES> 0 1.5 30.75 Miles PATH: \\FILESERVER\GIS\MASTERCATALOG\MASTER GIS FILES\UTILITIES\GAS\ARCPRO_PROJECTS\FLOWGIS DATABASE 2\FLOWGIS DATABASE 2.APRX MILES OF GAS MAIN: UPPER:161 MIDDLE:130 LOWER:161 DAPHNE BUSINESS DISTRICT:22 SPANISH FORT BUSINESS DISTRICT:7 FAIRHOPE BUSINESS DISTRICT:34 GAS METERS UPPER:4171 MIDDLE:4456 LOWER:4192 DAPHNE BUSINESS DISTRICT:38 SPANISH FORT BUSINESS DISTRICT:40 SCHOOLS: 19 ACKNOWLEDGED Page 180 of 301 June 07, 2024 Addendum 2 Bid No. 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey Addendum 2 contains clarifications to the bid specifications, questions submitted via email, and questions and answers submitted during the MANDATORY Pre-Bid Meeting held at 10:00 AM on Tuesday, June 4, 2024. This bid will be opened at the City of Fairhope’s City Services and Public Utilities Building, 555 South Section Street, Fairhope, AL 36532 at 10:00 AM on Thursday, June 13, 2024. Vendors shall acknowledge this Addendum 2 on their submitted Bid Response Form. Clarifications to the Bid Specifications: •Scope of Work shall be changed to remove atmospheric corrosion inspections. These inspections shall be done by City employees. The Scope of Work Inspections shall now say: Inspections include: recording condition of all above ground pipeline facilities used in the distribution of gas, including metallic line pipe, valves and other appurtenances connected to the service line pipe, assemblies, and residential, commercial and metering stations. Regulator inspections include recording regulator location, positioning, and protection whenever applicable. •Meter locations: Very few of the meters are located in backyards. Most of the meters are on the left or right side of houses. The Contractor can expect a lot of heavily landscaped areas. Because of this, Contractor must have “eyes on” the meter when shooting it. •This project is to be done in 120 calendar days. •The Contractor’s recording instrument will need to be approved by the City prior to work beginning. It is suggested that Proposers include the type of equipment in their submitted proposal. Questions Submitted Via Email: 1.When can the work start? A.Work can start immediately upon all approvals and mobilizations. ACKNOWLEDGED Page 181 of 301 City of Fairhope, Natural Gas Department 555 South Section Street Fairhope, Alabama 36532 Phone: (251) 928-8003 2. When would the work need to be completed? A. We are looking at a completion date within/up to 120 Calendar Days of the contract execution and Notice to Proceed. 3. What compliance dates are associated with the work? A. We will require qualifications through Energy World Net covering all tasks associated with a mobile/walking leaking survey along with our department procedures that will be provided to the winning Contractor. 4. To access the WMS is there a platform that the device needs to be utilized (Apple or Android)? A. The City currently uses Apple devices such as tablets to access our mapping system software and leak survey mapping. 5. Are you interested in an AMLD proposal? A. Vendor can submit an AMLD proposal with all of the required documentation as other proposals. It would go through the same evaluation process as any other proposal. 6. It was indicated at the pre-bid meeting that atmospheric corrosion was not a requirement but the second paragraph of the Scope of Work indicates it is required. Please advise. A. See Clarifications to the Bid Specifications above. 7. If we have red lines to the sample contract, should we provide them with our response now, or wait until we have been awarded the project to discuss contract red lines with the City of Fairhope, AL? A. Requested contract red lines must be submitted with the bid proposal. They will be reviewed by the City Attorney. The City does not guarantee that the submitted red lines will be accepted. 8. How many existing leaks in system? Will contractor get a list of existing leaks where survey is conducted? A. Currently all known leaks have either been repaired or are scheduled to be repaired. This information should not affect the survey. 9. How many techs were used in previous surveys? A. Typically 2. 10. Is there standby time on grade 1 leaks? A. Someone is to remain on site for any grade one leak until a City Gas Department representative arrives. This time may vary depending on the location and the workload of the on-call personnel. This survey is on the North side of our system, so the Contractor can expect a 30-minute response time unless the City Gas Department representative is already in the area. ACKNOWLEDGED Page 182 of 301 City of Fairhope, Natural Gas Department 555 South Section Street Fairhope, Alabama 36532 Phone: (251) 928-8003 11. When finding multiple grade one leaks in one area, would our techs be asked to relocate and keep working or stop work all together? A. Once a grade 1 leak is found by the Contractor, that personnel will remain on site until one of the gas department employees arrive. At that point, the Contractor is free to carry on. If the Contractor has multiple people performing leak survey separately, then the same applies. That Contractor employee remains on site until a City Gas Department employee arrives to take responsibility. 12. What is the average length of service? A. An exact average cannot be calculated. Some services will be long in this area, but most residential neighborhood services are 50’ – 75’ from meter to main. 13. What is average distance between services? A. An exact average cannot be calculated. 14. How many inside meters? A. 0 inside meters. All meters are outside. 15. Are there any inside inspections? A. No. 16. Please confirm the pricing structure. Are you requesting an all-inclusive “rate per service”, including mainline (Item III – Bid Response Form) or an “hourly rate” (Page 10 – Proposal Requirements #6)? A. The City is requesting 1. Rate per Meter and 2. Rate per Mile for gas main. See attached REVISED Bid Response Form. Questions Submitted During the MANDATORY Pre-Bid Meeting: 1. Can UTV be used? A. UTV can be used. There are better results in the southern portion of the City rather than the northern portion. 2. How much of the surveying is walking? A. The Contractor can expect that most of the surveying will be walking. 3. Can we redline the City’s Terms and Conditions? A. Yes. The City Attorney will review any redlines to the Terms and Conditions submitted. The City does not guarantee that they will be accepted. 4. Can work be done on weekends? A. No. Contractor can work 7:00 am to 7:00 pm on weekdays. ACKNOWLEDGED Page 183 of 301 ITEM III REVISED BID RESPONSE FORM Date: ____ / _____ / _______ Bid No: 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey Bids Due: 10:00 A.M. Thursday, June 13, 2024 BID RESPONSE: Rate per Gas Meter: $______________________________ /each Rate per Mile (Gas Main) $______________________________ /mile Bid will include all labor, materials, equipment, shipping and postage, overhead, profit, bonds, insurance and all other costs necessary to provide the complete services outlined within this 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 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 this day of , 2024. ACKNOWLEDGED Page 184 of 301 ACKNOWLEDGED Page 185 of 301 CITY OF FAIRHOPE, ALABAMA MANDATORY PRE-BID MEETING ONLINE ATTENDEES Meeting Date: 06/04/24 at 10:00 a.m. Bid No. 24-050 Natural Gas Distribution System Leak Detection Survey Representative’s Name Company Phone Email Shawn Baumgardner Heath Consultants 980-308-5581 Shawn.baumgardner@heathus.com Mark Davis Davis Leak Detection Hookm06@gmail.com Matt David RECONN Utility Services 949-201-9292 Matthewdavid2@reconnus.com Todd Tilidetzke, Vincent Marchese, Christopher Jerome, Jermaine Hill RECONN Utility Services toddtilidetzke@reconnus.com Kerry Davis Leak Detection Service Inc kerry@leakdetectionserviceinc.com Justin McCloud Olameter Corporation 817-946-9014 Justin.McCloud@olameter.com Adam Barnes Surview Field Services 205-703-3935 adam.barnes@surviewfieldservices.com ACKNOWLEDGEDPage 186 of 301 Page 187 of 301 Page 188 of 301 Page 189 of 301 Page 190 of 301 Page 191 of 301 Page 192 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope Deadline: June 13, 2024 10:00 a.m. Page 193 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope I Erin Wolf, Purchasing Manager City of Fairhope June 10, 2024 Surview Field Services is pleased to provide City of Fairhope (the City) with a quote to perform your Leak Detection Survey. Surview leverages the latest technologies in its leak detection services. In addition to providing leak detection at tremendous precision, our comprehensive leak survey solution is a streamlined spatial based workflow that allows utilities to make data driven decisions in addition to maintaining compliance more efficiently and accurately. Through our extensive industry experience and our advanced field solutions, we are the trusted industry professionals to help you maintain regulatory compliance. Please feel free to reach out to Adam Barnes, Director of Leak Survey if you have any questions. He can be reached at (205)703-3935 or adam.barnes@surviewfieldservices.com. Sincerely, Chantelle Miner Vice President Surview Field Services, Inc. State of Incorporation: Alabama Corporate office: 711 Nance Ford Rd. SW, Hartselle, AL 35640 Headquarters: 705 Wildflower Avenue, Oneonta, AL 35121 Page 194 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 2 COMPANY PROFILE In November 2020, Surview Field Services (Surview) acquired the assets of LiSCO and retained the services of the existing, experienced leak survey staff. We are pleased to continue the legacy of LiSCO with Surview while providing technologically superior deliverables to our clients. Our company’s professional solutions are designed to exceed expectations through careful consideration of the needs of our clients and top-notch service provided by sincere, personal attention. Surview was able to adopt the FlowGIS platform, created by the Technology Division within our subsidiary, Magnolia River Services, Inc. (Magnolia River), as our preferred leak survey module, thereby utilizing the experienced and professional Magnolia River GIS staff for project setup and support. This partnership allows for mutual success between Surview and our clients in terms of helping maintain regulatory compliance, efficiently tracking and managing asset inventory, and streamlining integrity management workflows. Through these efforts, Surview continues to provide the data and reports needed to maintain compliance at the state and federal levels. Surview’s success has been based in great part on how we endeavor to improve the quality of the services we provide to our clientele, and the subsequent impact it has within each community and across the industry. FIRM EXPERIENCE Surview continually strives to ensure we have the most technologically advanced operation in the industry, as well as the most highly trained, certified, and competent personnel on staff. Surview will provide a leak technician based on the skill sets and experience needed to successfully execute this leak survey. Surview has a dedicated staff along with the availability and commitment to provide quality services for this project. Surview has completed several leak survey projects using GPS capability while recording atmospheric corrosion conditions. Surview has experienced remarkable success utilizing FlowGIS to collect and report data in near real time for other gas operators. Surview completed projects for the City of Brewton, AL and North Alabama Gas District where our technicians collected GPS points for missing gas attributes. While doing so, our technicians also collected GPS points of inactive service lines where meters were removed. In doing this, Surview helped these operators maintain compliance and update their GIS systems for improved accuracy and efficiency. These projects are coordinated at the front end by the Magnolia River GIS group for project setup and implementation. Throughout the project, one of our office administrators reviews daily documentation and workflows to ensure mutual success between Surview and the client. Surview also utilizes the experienced and professional Magnolia River software group to manage these projects from a support and function aspect. The software group plays an integral part in compiling and sending the necessary data and shape files at the required intervals. Page 195 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 3 STATEMENT OF FINANCIAL CONDITION Surview Field Services, Inc. will submit the most recent confidential financial statements after an NDA has been signed by both parties. PROJECT TEAM Surview continually strives to ensure we have the most technologically advanced operation in the industry, as well as the most highly trained, certified, and competent personnel on staff. Surview will provide a leak technician, or technicians based on the skill sets and experience needed to successfully execute this leak survey. Surview has a dedicated staff along with the availability and commitment to provide quality services for this project. COMPOSITION AND QUALIFICATION OF STAFF A. Number of employees – 15 B. OQ Qualification of Individual staff members: a. EWN-CBT - Outside Gas Leak Investigation (1241) b. EWN-CBT - Walking Gas Leak Survey (1261) c. EWN-CBT – Mobile Gas Leak Survey (1271) d. EWN-CBT – Gas Detection with a Remote Methan Laser Detector (1281) e. EWN-CBT – Perform Visual Inspection for Atmospheric Corrosion (0141) f. EWN-CBT – Leak Classification (2280) g. EWN-CBT – Properties of Natural Gas (2314) C. Quarterly PHMSA Drug & Alcohol Statistics a. The 2023 and 2024 Q1 MIS Data Collection Form will be submitted with this proposal. D. Employee Experience and Training Procedures a. Surview employees are hired based on skillset and experience in the natural gas industry. Once hired, training procedures are followed based on the experience of the technician. Our technicians go through a two-week training in the office to review the following: Basic properties of natural gas, leak classification and grading, leak survey Software review, our leak survey policies and procedures and company policies and procedures. Page 196 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 4 b. Once the in-office training is completed, our technicians train with a seasoned leak survey technician who is also qualified to review and conduct the EWN performance evaluations after the field training has commenced. This employee has over 35 years of experience in the natural gas industry. In his former role, he conducted and completed all OQ and field training for a large investor-owned utility before coming to work for Surview. PROJECT ASSUMPTIONS • To perform these services, Surview will rely on the accuracy and completeness of the City’s natural gas line using maps and/or directions provided by the City to the suspected leak location. To obtain accurate results, the City must provide Surview with timely and accurate information. • Surview will complete natural gas leak survey and/or atmospheric corrosion inspection based on the meter information provided in the GIS shapefile before the beginning of the survey. • Surview will be pleased to provide services outside the above-defined scopes of work as requested and agreed upon by the City in writing. • All leak survey equipment needed for the proposed scope of services will be provided by Surview. • Surview will need to enter and/or cross private property to conduct the scope of services; however, the rights of property owners will be respected. LEAK SURVEY DEVICES Our technicians are each equipped with an Apple iPad to access FlowGIS for daily documentation and leak survey processes and procedures. The iPads are also used to communicate project specific assignments and tasks while working for a client. Our technicians are also equipped with a Heath RMLD-CS for the walking leak survey. Our technicians also have a Bascom Turner Rover or Explorer to quantify any leaks found. This instrument is also used to take methane samples in barholes to determine peak and sustained methane readings. Page 197 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 5 PAST PERFORMANCES Surview Field Services leverages its proven experience and industry knowledge to offer a minimal risk and best value solution to meet the requirements of this proposal. We have included some past project information below: Client: Jackson Energy Authority Project Name: Natural Gas Leak Survey Project Description: Surview Field Services Leak Survey division surveyed all underground and aboveground assets identified by Jackson Energy Authority. Scope Responsibility: Surview performed a walking leak survey for Jackson Energy Authority for 1/5th of their distribution gas system including mains, service lines and meters. Surview leveraged Magnolia River’s proprietary software (FlowGIS) to breadcrumb our efforts, collect leaks and report on them via email notifications to the client. During this project, we also assessed the condition of all above ground piping for atmospheric corrosion and utilized FlowGIS to report in real time. Client: City of Brewton, AL Project Name: Natural Gas Leak Survey Project Description: Surview Field Services Leak Survey division collected missing assets and surveyed the entire gas system for The City of Brewton Scope Responsibility: Surview performed a walking and mobile leak survey of the entire distribution system for The City of Brewton. While completing this leak survey and atmospheric corrosion inspection, we also collected missing above ground assets for the city. This included regulator stations, first cut regulators, meters and risers. We collected riser locations to help the city assess their Rule 13 inactive service lines. This was a turnkey leak survey, atmospheric corrosion inspection and data collection project that enabled The City of Brewton to better manage their data and allowed our technicians to work without the use of a guide for future surveys. Page 198 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 6 Client: North Alabama Gas District Project Name: Natural Gas Leak Survey – AMLD Project Description: Surview conducted a sample leak survey for North Alabama Gas District using AMLD technology to cover above ground and below ground gas assets. Scope Responsibility: Surview performed a compliance AMLD and traditional leak survey for North Alabama Gas District. This survey consisted of driving all gas mains using AMLD technology and doing real time leak investigations on indications found. A follow up traditional leak survey was completed for all “Gap” areas as defined by the Discover Software and completed in FlowGIS. AMLD SCOPE OF WORK • Surview, utilizing Advanced Mobile Leak Detection (AMLD) will drive through areas as identified by the City of Fairhope within the 2024 leak survey boundary to detect methane and ethane concentrations. • The assets within this boundary will be covered twice on the same day and once more on a separate day to obtain optimal weather conditions and coverage. • Surview will investigate strong indications as they are found and identified during the AMLD survey. • Leak reporting will be conducted as outlined in the above leak survey scope of work section if an indication is quantified and determined to be a leak. • Surview will maintain a safe speed between 10-15 mph (Not to exceed 25 mph) to cover as much of the aboveground and belowground assets identified in GIS format by NAGD. • The AMLD survey will be performed during the daytime unless conditions are unfavorable, i.e., congested streets, events going on in survey area or where traffic impedes our technician’s safety. AMLD FOLLOW-UP SCOPE OF WORK • Surview technicians will identify and survey areas that were not adequately covered by the AMLD survey. These areas are referred to as “Gaps.” • Surview technicians will survey all service lines and meters within the project boundary that show as “gaps” on the map. • All service lines and meters that show to be covered using AMLD technology will not be followed up on using walking leak survey procedures. • Surview technicians will follow the above leak survey scope of work for all follow-up investigations. Page 199 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 7 LEAK SURVEY SCOPE OF WORK Surview will provide City of Fairhope with the following: • Natural gas leak detection survey, including 224 miles of gas main and 4,268 service lines and meters as listed in the RFP. • This natural gas leakage survey will be done in accordance with the Code of Federal Regulations (CFR) 49 Part 192, latest revision. This survey will be completed using accepted leak detection equipment for all underground and aboveground piping and services. Also included will be atmospheric testing in manholes, valve boxes, pavement, sidewalk cracks, and any other probable areas for gas leaks. Reports will be uploaded into FlowGIS, our proprietary software, compiled at the end of the project, and submitted to the Utility Department at the completion of the project. Reports will include all leaks found, their classification, number of each type, and location of each leak. • Any leak located by the flame ionization method will be pinpointed and graded at the time of the discovery. The amount of gas in the atmosphere will be determined by use of a combustible gas indicator (CGI). The leak report will show the location of the leak, percent of gas at the leak location, and the classification of the leak. Grade 1 leaks will be reported to the proper utility company personnel immediately. In the event of a Grade 1 leak, Surview will ensure personal safety, safety of the public, and remain onsite until Fairhope Gas Department personnel arrive. • A breadcrumb will be maintained throughout the duration of the survey. Access to this information will be provided in the form of a web map to company personnel for a real-time view of the survey. This web map will be accessible for 90 days after the completion of the leak survey. • All aboveground and belowground leaks will be reported to an Operation Supervisor immediately via email notifications. • Daily Technician Sheets will be filled out and submitted at the end of each day. This sheet includes the following: total number of services surveyed for the day, total survey mileage for the day, total leaks found (both aboveground and belowground), survey hours (start time and end time), AM and PM temperature and weather conditions (including wind speed), and any other pertinent information regarding the natural gas leak survey throughout the day. Figure 1: FlowGIS Leak Survey Page 200 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 8 • The technician will take a picture of the proposed leak location and upload this information into FlowGIS. • GIS data will be utilized to identify business district/schools for proper implementation into FlowGIS. These meters will be identified with a “B” for easy identification. • GIS data will be used to create a boundary around the leak survey section for the 2024 Leak Survey. • Meters that cannot be accessed will change colors from orange to purple. • Meters that have successfully been surveyed will change colors from orange to green. • The survey will be completed Monday through Friday during normal working hours (7 AM to 4 PM). • Surview will make a good faith effort to survey all meters, regulator stations, farm taps and aboveground piping with a minimum of two attempts. • Surview truck magnets will be displayed on all Surview vehicles for identification, as well as contractor signage from the City of Fairhope. • All Surview technicians will be OQ certified (Both CBT’s and PE’s) per the Code of Federal Regulations and B31Q utilizing the Energy WorldNet Operator Qualification system. Page 201 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 9 PROPOSED PROJECT PRICING The Services described in this Price Quote and Order will be governed by the terms and conditions listed in the “Client Contract.” The Client Contract shall mean and shall consist of the following documents to the extent that each exists, listed in their order of priority in the event of conflicti),g terms: (a) the Master Contract; (b) this Surview Price Quote and Order, including the terms and conditions listed hereafter; and (c) any exhibit(s), schedule(s), map(s) or descriptions utilized by Surview in performance of the Services. Surview and the Client agree that a Purchase Order issued by the Client to Surview for this Project may serve as a reference for billing purposes, but that any pre-printed terms and conditions that may be attached to or reflected on the front or back of the Client’s Purchase Order shall not be applicable to Surview or this Project. Traditional Leak Survey Pricing: Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price 1 Leak survey using remote methane leak detection (RMLD) equipment of approximately 4,268 Gas Service Lines from the main to the meter installation. This includes grading, classifying, and pinpointing all leaks found. Each 4,268 $6.50 $27,742 2 Leak survey using remote methane leak detection (RMLD) equipment of approximately 224 Miles of Gas Main. This includes grading, classifying, and pinpointing all leaks found. Miles 224 $160 $35,840 TOTAL: $63,582 Page 202 of 301 Leak Detection Survey Bid No. 24-050 City of Fairhope 10 AMLD Pricing: Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price 1 Leak survey using advanced methane leak detection (AMLD) equipment of approximately 4,268 Gas Service Lines from the main to the meter installation. This includes grading, classifying, and pinpointing all leaks found. Each 4,268 $6.50 $27,742 2 Leak survey using advanced methane leak detection (AMLD) equipment of approximately 224 Miles of Gas Main. This includes grading, classifying, and pinpointing all leaks found. Miles 224 $220 $49,280 TOTAL: $77,022 The above price includes the estimated labor and out-of-pocket expenses associated with the performance of the stated Scope. Surview realizes that inclement weather days could cause a delay in survey completion. These delays will be communicated with the City of Fairhope to ensure the work is completed in a timely manner. Page 203 of 301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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). 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 BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/7/2024 Edgewood Partners Insurance Center (EPIC) 2720 3rd Avenue South Suite 100 Birmingham AL 35233 Alex Ransburgh 205-581-3331 alex.ransburgh@epicbrokers.com License#:0B29730 The Continental Insurance Company 35289 MAGNRIV1 Transportation Insurance Company 20494SurviewFieldServices,Inc. 711 Nance Ford Road SW,Ste.E Hartselle,AL 35640 Continental Casualty Company 20443 HDI Specialty Insurance Company 16131 American Casualty Co of Reading,PA 20427 570506695 E X 1,000,000 X 100,000 15,000 1,000,000 2,000,000 X X Y Y 5093259512 4/1/2024 4/1/2025 2,000,000 A 1,000,000 X X X Y Y 6020542513 4/1/2024 4/1/2025 A X X 10,000,00060205425274/1/2024 4/1/2025 10,000,000 X 10,000 C B X N Y WC657410648 WC7182724394 4/1/2024 4/1/2024 4/1/2025 4/1/2025 1,000,000 1,000,000 1,000,000 D Pollution/Professional Liability FRLHPPL0000289801 4/1/2024 4/1/2025 Each Claim/Aggregate 5,000,000 General Liability and Auto Liability include blanket additional insureds (on a primary and non-contributory basis)as required by written contract; Excess/Umbrella is follow form;General Liability additional insured endorsement includes ongoing and completed operations;General Liability,Auto Liability and Workers Compensation/Employers Liability include blanket Waiver of Subrogation (where allowable by law)as required by written contract; Excess/Umbrella is follow form;All policies contain a 30 day notice of cancellation (10 for non-pay)subject to policy terms and conditions; City of Fairhope 161 North Section Street P.O.Drawer 429 Fairhope AL 36533 Page 204 of 301 ITEM IV CONTRACTOR INFORMATION This Section must be printed, completed, and turned in with your bid response to Bid Number 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey Business Organization Name of CONTRACTOR (exactly as it appears on W-9): ___Surview Field Services, Inc. ___________________________________________________________________________ Doing-Business-As Name of CONTRACTOR: _____Same as above _________________________________________________________________________ Principal Office Address: __711 Nance Ford Rd. SW, Hartselle, AL 35640 ____________________________________________________________________________ ___________________________256-773-9420_________________________________________ __________ LOCAL Telephone Number: ______________________ Toll- Free____________________ LOCAL Fax Number: Email address: ________________ __info@surviewfieldservices.com________________________________ ______________________ Website: _______________________________surviewfieldservices.com_______________________________________________________________________________________________________ Form of Business Entity [check one (“X”] Corporation __X__ Partnership ____ Individual ____ Joint Venture ____ Other (describe): ________________________________________________________ Corporation Statement If a corporation, answer the following: Date of incorporation: ____11/3/2020______________ Location of incorporation: ___Alabama _____________________________________________________ The corporation is held: Publicly __X_ Privately ___ Partnership Statement If a partnership, answer the following: Date of organization: __________________ Location 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? Yes ___ No ___ Contact: _______________________________________Email____________________________ Phone__________________________________________Fax____________________________ END OF CONTRACTOR INFORMATION SECTION Page 205 of 301 II. Covered Employees: (A) Enter Total Number of Safety Sensitive Employees in All Employee Categories: 21(B) Enter Total Number of Employee Categories:1 U.S DEPARTMENT OF TRANSPORTATION DRUG AND ALCOHOL TESTING MIS DATA COLLECTION FORM Calendar Year Covered by this Report:2024I. Employer: Company Nam e: Surview Field Services- a part of Magnolia River Doing Business as (DBA) Name (if applicable): Business Tax ID:85-3744878 Address:408 BANK ST. , DECATUR, AL 35601 E-mail: robbie.troncalli@magnolia-river.com Nam e of Certifying Offi cial:ROBBIE TRONCALLI Signature: ROBBIE TRONCALLI Telephone:256-612-9974 Date Certified: April 17, 2024 Prepared by (if different)JEREMY KOCHER Telephone: C/TPA Name and Telephone (if applicable):Pi pel i ne Testing Consortium, Inc. Check the DOT agency for which you are reporting MIS data; and complete the information on the same line as appropriate: FMCSA – Motor Carrier: DOT# Owner-operator: (circle one) YES or NO Exempt (Circle one) Yes or NO FAA - Aviation: Certificate # (if applicable): Plan / Registration # (if applicable): X PHMSA- Pipeline(Check)Gas Gathering Gas Transmission Gas Distribution Transport Hazardous Liquid Transport Carbon Dioxide FRA- Railroad: Total number of observed/documented Part 219 "Rule G" Observations for covered employees: USCG- Maritime: Vessel ID # (USCG- or State Issued):(If more than one vessel, list separately) FTA- Transit (C) Employee Category Total Num ber of Em ployees in this Category If you have m ultiple em ployee c ategories, c om plete Sec tions I and II (A) & (B). Take that filled-in f orm and m ak e one c opy for eac h employee c ategory and c om plete Sec tions II(c ), III and IV f or eac h separate employee c ategory.PHMSA 21 III. Drug Testing Data: 1 2 3 4 5 6 7 8 9 10 11 1 2 1 3 Typ e of Test Total Numbe r Of screening Test Results (Sho uld e qua l t he sum o f Co lumns 2, 3, 9, 10, 11 a nd 12) Verified Negative Resu lts Verified Positive Resu lts – For On e or More Dru g s Positive for Mariju an a Posit ive for Coc ain e Positive for PCP Positive for Op ioid s Positive for Am phetam ines Refu sal Resu lts Can celed Resu lt sAdulteratedSubstituted "S h y Bladder" W it h n o Med ic al E xp lan ation Other Refu sals To S u b m it To Testing Pre- E m p loym en t 3 3 0 0 0 0 0 0 0 0 0 0 0 Ran d om 1 1 0 0 0 0 0 0 0 0 0 0 0 Post- Ac cid en t 0 0 0 0 0 0 0 0 0 0 0 0 Reason ab le S u sp /Cau se 0 0 0 0 0 0 0 0 0 0 0 0 Ret u rn -To- Du ty 0 0 0 0 0 0 0 0 0 0 0 0 Follow-U p 0 0 0 0 0 0 0 0 0 0 0 0 Totals 4 4 IV. Alcohol Testing Data: 1 2 3 4 5 6 7 8 9 Typ e of Test Total Number Of screeni ng Te st Re sul t s (Sho uld equal the sum of Co lumns 2, 3, 9, 10, 11 a nd 12) Sc reenin g Test With Resu lts Below 0.02 Sc reenin g Tests W ith Resu lts 0.02 Or Greater Nu m b er Of Con fi rm ation Test Resu lts Con fi rmat ion Test with Results 0.0 2 Th rou g h 0 .0 3 9 Con fi rm ation Tests with Resu lt s 0 .0 4 Or Greater Refu sal Resu lts Can celed Resu lt s "S h y Lung" W ith No Med ic al E xplan at ion Other Refu sals To S u b m it To Testing Pre- Em ploym ent 0 0 0 0 0 0 0 0 Random 0 0 0 0 0 0 0 0 Post-Ac cid ent 0 0 0 0 0 0 0 0 Reasonab le S u sp /Cause 0 0 0 0 0 0 0 0 Retu rn-To- Du ty 0 0 0 0 0 0 0 0 Follow-U p 0 0 0 0 0 0 0 0 Totals 0 5/24/24, 2:06 P M MIS R e po r t file:///tm p/htm l_pD9HUS.htm l 1/1Page 206 of 301 CITY OF FAIRHOPE REQUEST FOR PROPOSALS SEALED BIDS will be received by the City of Fairhope of Baldwin County, Alabama, in the City of Fairhope’s City Services and Public Utilities Building located at, 555 South Section St. Fairhope, Alabama, until 10:00 A.M. Thursday, June 13, 2024, and then publicly opened thereafter, for furnishing all labor and materials, and performing all work required by the City of Fairhope and described as follows: Bid Number 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey The City of Fairhope is requesting proposals for services to conduct a natural gas distribution system leak detection survey of the City of Fairhope Gas Department natural gas distribution system. City of Fairhope Gas Department is a wholly owned natural gas utility of the City of Fairhope. Bid documents will be posted on the City of Fairhope Website: www.FairhopeAL.gov or a copy may be obtained by e-mailing: Purchasing@FairhopeAL.gov. Specifications are on file and may be seen in the Purchasing Department of the City of Fairhope, Alabama, 555 S. Section Street. Prior to opening, Bid packages may be picked up at that location during normal operation, between 7:00 am and 4:00 pm local time. 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 Wednesday, June 5, 2024, at 11:00 A.M. or will be forever waived. There will be a MANDATORY pre-bid meeting on Tuesday, June 4, 2024, at 10:00 A.M. at the City Services and Public Utilities Building, located at 555 South Section Street, Fairhope, AL 36532. 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 also encourages and supports the utilization of Minority Business Enterprises on this and all public bids. All bids must be on blank bid forms provided in the Bid Documents. All bids, with their guarantee (when required), must be enclosed in a sealed, opaque envelope, clearly identified on the outside as a “Sealed Bid” with Item Name, Bid Number, City of Fairhope’s Name and Address and CONTRACTOR’s Name and Address. Each bid must be in a separate envelope. Bids made out in pencil will not be accepted. Failure to observe the instructions contained herein will constitute grounds for rejection of your bid. The City reserves the right to accept or reject all bids or any portion thereof, and to waive informalities and to furnish any item of material or work to change the amount of the CONTRACT, whichever is in the best interest of the City of Fairhope. No bids will be considered unless the CONTRACTOR, whether resident or non-resident of Alabama, is properly qualified to submit a proposal for this type of work in accordance with all applicable laws of the State of Alabama. Where applicable, this shall include evidence of holding a current license from the State Licensing board for General BIDDERS, Montgomery, Alabama, as required by Chapter 8 of Title 34, of the Code of Alabama, 1975. In addition, the Awarded Vendor, if non-resident of the State, and if a corporation, shall show evidence of having qualified with the Secretary of State to do business in the State of Alabama. CONTRACTOR must have a current business license or purchase a business license with the City of Fairhope prior to work performed. No bids shall be withdrawn for the period of thirty (30) days subsequent to the opening of proposals without the consent of the City of Fairhope, Baldwin County, Alabama. Once completed, a tabulation of the responsive and responsible bids will be available for public viewing by visiting the following web address: www.FairhopeAL.gov. Page 207 of 301 REQUEST FOR PROPOSALS NO. 24-050 NATURAL GAS DISTRIBUTION SYSTEM LEAK DETECTION SURVEY CITY OF FAIRHOPE SHERRY SULLIVAN, MAYOR Page 208 of 301 TABLE OF CONTENTS Invitation and Instruction to Bidders….….……………………………….……………I Scope of Work………………………….……………………………………….………II Bid Response Form……………………………………………………………………III 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 Annual Report for Calendar Year 2023………………………….……..ATTACHMENT Page 209 of 301 ITEM I INVITATION AND INSTRUCTIONS TO BIDDERS 1.00 BID INVITATION 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. 1.01 BID NO.: 24-050 NAME: Request for Proposals Natural Gas Distribution System Leak Detection Survey 1.02 SUMMARY The City of Fairhope is requesting proposals for services to conduct a natural gas distribution system leak detection survey of the City of Fairhope Gas Department natural gas distribution system. City of Fairhope Gas Department is a wholly owned natural gas utility of the City of Fairhope. 1.03 BID DEADLINE Bids will be received until 10:00 A.M. local time, Thursday, June 13, 2024, 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 Wednesday, June 5, 2024, at 11:00 A.M. or will be forever waived. 1.06 SITE EXAMINATION There will be a MANDATORY pre-bid meeting on Tuesday, June 4, 2024, at 10:00 A.M. at the City Services and Public Utilities Building, located at 555 South Section Street, Fairhope, AL 36532. This 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. Page 210 of 301 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 form 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 Performance Bond and Labor and Materials Bond shall be waived. The accepted BIDDER shall also provide insurance as required in ITEM V. 1.09 DURATION OF OFFER 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 sixty (60) days subsequent to the opening of bids without the consent of the City Council of the City of Fairhope. 1.10 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. 1.11 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 requirements 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, including local 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 other 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 Bid. 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 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, sec retary, 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 satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished. Page 211 of 301 Each project will be bid separately unless otherwise expressly requested in the CONTRACT document. Combination bids, that is bids on separate projects lumped together as a single bid or on all or none basis, will not be accepted unless the CONTRACT document expressly requests or permits same. 1.12 BID INELIGIBILITY Bids that contain irregularities 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 bids. Bids received after the deadline will be returned to the BIDDER unopened. 1.13 CONTRACT TIME This contract will be awarded as a one (1) year contract with the potential to be renewed for an additional two (2) one (1) year terms. 1.14 INQUIRIES/ADDENDA All Addenda are part of the CONTRACT Documents. Include resultant 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 Purchasing@FairhopeAL.gov by Wednesday, June 5, 2024, at 11:00 A.M. or will be forever waived. 1.15 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. 1.16 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 materials or work. The CITY reserves the right to determine in its discretion whether the provisions of this clause have been violated by any BIDDER. 1.17 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. 1.18 CONTRACT AND BOND The BIDDER to whom award is made must, when requested, enter 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. 1.19 COLLUSION 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 submitting bids on the same or other work with the CITY. Page 212 of 301 1.20 SUBLETTING OR ASSIGNING OF CONTRACT Limitations: The CONTRACTOR shall not sublet, assign, transfer, convey, sell, or otherwise dispose of any portion of the CONTRACT, his right, title or interest therein, or his power to execute such CONTRACT, to any person, firm or corporation without written consent of the CITY, and such written consent shall not be construed to relieve the 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 his 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. 1.21 PROSECUTION OF WORK The BIDDER shall prosecute the work continuously and diligently in the order and manner set out in his schedule as approved by the CITY. He shall provide sufficient satisfactory materials, labor, and equipment to ensure that the work will 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 maintaining the quality and progress of the work at satisfactory level, the CITY may withhold all estimates that may become due until satisfactory quality and progress are maintained; or the CONTRACT may be annulled. Page 213 of 301 ITEM II SCOPE OF WORK Bid Number 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey The City of Fairhope is requesting proposals for services to conduct a natural gas distribution system leak detection survey of the City of Fairhope Gas Department natural gas distribution system. Background and Purpose: The City of Fairhope (“City”) is a municipal government, which, in addition to its traditional governmental functions, operates several departments classified as “public utilities.” These include a natural gas system. While the City continually conducts leak surveys in normal day to day operations, we are required to conduct a formal walking leak detection and atmospheric corrosion survey of the system annually per Title 49 Part 192.723 of the Code of Federal Regulations. The City owns and operates a Natural Gas system that dates back to the 1950’s. City of Fairhope Gas Department provides gas service 13,473 active meters (14,423 total meters). There is approximately 515 miles of gas main, 405 miles of low pressure (60 PSIG MAOP) and 95 miles of high pressure (200 PSI MAOP). Scope of Work: The City of Fairhope Gas Department (“City”) seeks a vendor to perform a leak detection survey and inspections of gas mains, services, and meters at customer locations in accordance with Title 49 Part 192 of the Code of Federal Regulations. Inspections include: atmospheric corrosion inspections, recording condition of all above ground pipeline facilities used in the distribution of gas, including metallic line pipe, valves and other appurtenances connected to the service line pipe, assemblies, and residential, commercial and metering stations. Regulator inspections include recording regulator location, positioning, and protection whenever applicable. The survey firm shall be responsible for and incur all costs necessary for the performance of work in accordance with the Contract terms and the current and prevailing federal, state an local regulations governing the work. This shall include but is not limited to personnel, vehicles, cell phones, computers, tablets, leak detection equipment, and calibration equipment. Prior to commencement of any survey work, the Contractor will supply the City with: 1. User manuals for all leak detection equipment utilized to perform surveys (paper copies or electronic versions are acceptable). The manual must include and have highlighted the manufacturer’s recommended calibration cycle. 2. Calibration documentation for all leak detection equipment prior to utilizing the equipment to perform leak survey and monthly thereafter. Calibration must be performed on a schedule that does not exceed manufacturer's recommended calibration cycle. All surveys are to be completed during regular working hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. Survey teams will be provided one (1) set of contractor signs per vehicle for identification. Contractor signs must be on vehicles at all times. If signs are lost or stolen, the City must be notified and will provide replacement signs. The cost of said signs will be billed to the Contractor. All survey personnel will be Operator Qualification (“OQ”) certified per the Code of Federal Regulations and B31Q utilizing the Energy WorldNet Operator Qualification system. Proof of training and quarterly PHMSA Drug & Alcohol statistics reports must be submitted with the bid proposal and prior to any new employee being added to the survey team performing the work. Page 214 of 301 Contractor will be required to make a good faith effort to reach all locations with a minimum of two (2) attempts. Incomplete surveys in excess of 2% of the total services may be charged liquidated damages based on the Contractor daily rate times the average services surveyed per day. All survey work shall be performed as requested by the City and in accordance with the following specifications. See the attached map showing the service territory. 1.The survey for business districts and where the public congregates frequently must be performed as required by Federal and State Code one (1) time per calendar year. Maps will be provided in electronic format. 2. All surveys must be completed in accordance with City of Fairhope Gas Department completion deadlines. 3. Survey personnel must have a dependable cell phone. A non-proprietary digital record must be provided to City of Fairhope Gas Department at the end of the survey. The City can provide data import. 4. All leak survey and gas measurement equipment and methods must be approved by City of Fairhope Gas Department. The survey firm shall provide all leak detection and gas measurement equipment as needed to perform the surv ey, including a remote methane detector (or equivalent) to allow for survey of hard to access locations. 5. All survey personnel shall wear a shirt or a vest with the survey firm’s logo or name visible for easy identification. 6. All survey personnel shall maintain proper liaison with property owners while performing survey work on public rights-of-way or private property and shall represent the City in a courteous and professional manner at all times. 7. During the term of this agreement, all materials and information furnished electronically or otherwise disclosed to the survey firm by the City in the performance of this agreement shall remain the property of the City. All copies of such information shall be returned to the City upon the termination of this agreement. Unless such materials were previously known to the Contractor free of any obligation to keep them confidential, or subsequently made public by the City, such materials shall be kept confidential by the Contractor, shall be used only in the performance of services under this agreement, and may not be used for any other purpose except as may be agreed upon in writing by the City. This obligation of confidentiality shall survive the termination of this agreement. 8. The survey firm is solely responsible for all safety initiatives necessary for survey personnel. 9. Each leak cited will be graded, reported and documented. Any Grade 1 leak must be reported to the City of Fairhope Gas Department Dispatch immediately upon determination and a leak ticket number will be provided. Gas to air percentage readings and other required data for leak documentation will be recorded. In the event of a Grade 1 leak, leak survey personnel will take appropriate action(s) to ensure their safety and the safety of the public and remain on site until Fairhope Gas Department personnel arrive. 10. When surveying service lines, survey personnel are required to observe and record the condition of each meter set and any above ground piping on the distribution side of the meter. 11. Each survey address must have all required fields completed accurately and, as a minimum, include the following information: a. Leak Result (Negative or Positive) b. Leak Grade (N/A, 1, 2, or 3) c. Leak Location (Meter, Service, Main or N/A) d. Regulator Terminates Outdoors (Yes, No, or N/A) e. Regulator Rain Insect Resistant (Yes, No, or N/A) f. Service Order Number g. Exposed Pipe Condition (Good, Fair, Poor, or N/A) h. Leak Ticket Number (Obtained from PE Dispatch if Leak Result is Grade 1) i. Name of Surveyor Page 215 of 301 Proposal Requirements: 1. Include a brief history of the firm, your most recent statement of financial condition, and a brief summary of a statement of qualification. 2. Define the firm’s overall approach to the items of work; survey procedures, methods to be used, equipment to be used, and general scope of work. 3. Document the firm’s experience in performing similar work including management capacity and system for coordinating the project. 4. Provide the OQ qualifications of the personnel, quarterly PHMSA Drug & Alcohol statistics reports and their work history. 5. Provide the leak survey device(s) to be used and tablet/computer device to be used to access the work management system. 6. Provide price per hour for competing the leak survey. Number of Proposal Copies Required: One (1) original paper copy, five (5) identical paper copies, and one (1) identical electronic copy on a flash drive shall be submitted. Evaluation of Proposals: Each proposal submitted shall be evaluated and ranked by an evaluation committee. The successful Proposer will be selected based upon the best response offered to the City. The City will consider the following evaluation factors of the received proposals. Each category shall be weighted as follows, and one hundred (100) points are the maximum total number of points that can be awarded to a proposal. 1. History of Firm (20 points) a. Total number of years in business b. Previous projects similar to project proposed c. History of firm performing leak surveys with natural gas utilities 2. Composition and Qualifications of Staff (15 points) a. Number of employees b. OQ qualification of individual staff members c. Quarterly PHMSA Drug & Alcohol statistics reports d. Experience and training procedures 3. Project Approach (30 points) a. Management capacity and system for coordinating work b. Survey procedures, methods, scope of work, equipment used c. Computer/tablet devices d. Other items 4. Price per Service (35 points) Evaluation: (100 points total) A selection committee will rank the submittals using the evaluation sheet for the written submittals General Instructions: The City of Fairhope is not liable for any costs incurred by the respondents in preparing for or responding to this request. Page 216 of 301 Proposal Documents: Sealed Proposals must be submitted in the proposal format outlines as part of these instructions and General Specifications. Proposal documents shall include at a minimum: • Proposal Response in stated format • Proposal Form(s) provided by City • Required City forms • Acknowledgement of addenda • Bid Bonds as required Page 217 of 301 ITEM III BID RESPONSE FORM Date: / / Bid No: 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey Bids Due: 10:00 A.M. Thursday, June 13, 2024 BID RESPONSE: Rate per Service: $ _ Bid will include all labor, materials, equipment, shipping and postage, overhead, profit, bonds, insurance and all other costs necessary to provide the complete services outlined within this 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 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 this day of , 2024. Page 218 of 301 If Individual or Partnership (Name of Individual or Partnership) (Name of Partner Print) (Name of Representative Authorized to sign Bids and (Name of Partner Print) CONTRACTs for the firm Print) Address _ _ _ _ _ _ _ _ _ _ Phone Number ( ) Fax Number ( ) E-mail address Alabama Contractor’s License No. Foreign Entity ID (if outside of Alabama) If Corporation or LLC Company _ _ _ State of Incorporation _ _ _ Company Representative_ _ _ (Representative Authorized to sign Bids and CONTRACTs for the firm Print) Company Representative_ _ _ (Representative Authorized to sign Bids and CONTRACTs for the firm Signature) Address _ _ _ _ _ _ _ _ _ _ Phone Number ( ) _ _ Fax Number(_ ) E-mail address AL Contractor’s License No. _ _ Foreign Vendor Id_ _ _ _ BID PROPOSAL NOTARIZATION: STATE OF _} COUNTY OF _} I, the undersigned authority in and for said State and County, hereby certify that , as respectively, of , whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, being informed of the contents of the document they executed the same voluntarily on the day the same bears date. Given under my hand and Notary Seal on this day of , 20 . NOTARY PUBLIC MY COMMISSION EXPIRES / _/_ _ Page 219 of 301 ITEM IV CONTRACTOR INFORMATION This Section must be printed, completed, and turned in with your bid response to Bid Number 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey Business Organization Name of CONTRACTOR (exactly as it appears on W-9): _ _ _ Doing-Business-As Name of CONTRACTOR: _ _ _ Principal Office Address: _ _ _ _ _ _ _ _ _ LOCAL Telephone Number: _ Toll- Free _ LOCAL Fax Number: _ Email address: _ _ Website: _ _ Form of Business Entity [check one (“X”] Corporation _ Partnership _ Individual _ Joint Venture _ Other (describe): _ _ Corporation Statement If a corporation, answer the following: Date of incorporation: Location of incorporation: _ _ _ _ The corporation is held: Publicly Privately _ Partnership Statement If a partnership, answer the following: Date of organization: Location 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? Yes _ No _ Contact: _ Email Phone_ _ _ Fax _ _ END OF CONTRACTOR INFORMATION SECTION Page 220 of 301 ITEM V INSURANCE 3.0 INSURANCE REQUIREMENTS 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 herein. The City of Fairhope will be listed as an additional insured 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 adequately protect the awarded CONTRACTOR. 3.01 All insurance will be provided by insurers by admitted carriers in the State of Alabama, shall have a minimum A.M. Best rating of A-VII and must be acceptable to the City. Self-insured plans and/or group funds not having an A.M. Best rating must be submitted to the City for prior approval. 3.02 NO WORK IS TO BE PERFORMED UNTIL PROOF OF COMPLIANCE WITH THE INSURANCE REQUIREMENTS HAS BEEN RECEIVED BY THE CITY. 3.03 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 Policy Limit 3.04 U.S. Longshoreman & Harbor workers Act (USL&H) Required if CONTRACT involves 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 Indemnity” coverage (P&I), unless crew is covered under Workers Compensation. Bodily injury by accident $1,000,000 Each Accident Bodily injury by disease $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: Each Occurrence $1,000,000 Personal and Advertising Injury $1,000,000 Products/Completed Operation Aggregate $2,000,000 General Aggregate $2,000,000 Coverage to include: 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 Railroad Protective Liability Insurance if work involves construction, demolition or maintenance operations on or within 50 feet of a railroad. Page 221 of 301 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 which 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, setting 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. CITY will list which endorsements it will require from CONTRACTOR before the commencement of any work. 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. CITY will list which endorsements it will require from CONTRACTOR before the commencement of any work. 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 Page 222 of 301 ITEM VI 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 this CONTRACT, The Proposal Package, Proposal, Scope of Work and Specifications, drawings (if applicable), Addenda, Amendments, and City of Fairhope Standard Terms and Conditions, which are attached hereto and made a part hereof, as if fully contained herein; for the performance of all work and the furnishing of all labor and materials required for completion of the WORK. 2. The CONTRACTOR shall perform all the WORK described herein. 3. The WORK to be performed under this CONTRACT shall be commenced upon execution of this CONTRACT within number (DAYS) days of the date specified in the Notice to Proceed (NTP) to be issued to the CONTRACTOR by the OWNER, or its authorized representative. The work shall be completed, subject to authorized adjustments, within (DAYS) consecutive calendar days from and after the commencement date stipulated in said Notice to Proceed. Liquidated damages for non-completion of the work within this time limit will be assessed at the rate of (DOLLARS) per working day. 4. The OWNER shall pay the CONTRACTOR in current funds for the performance of the WORK, the CONTRACT SUM of DOLLARS ($ ). This represents a Page 223 of 301 LUMP SUM payment for performance of the WORK, which payment shall be issued after the Contract is fully performed and the OWNER has inspected the WORK. 5. General Conditions a. Indemnity: The CONTRACTOR hereby agrees to indemnify and save harmless the OWNER, its officers, agent, and employees, from and against any and all liabilities, third party claims, demands, damages, losses and liabilities fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including reasonable attorneys’ where recoverable by law fees for trial and on appeal, of any kind and nature, arising or growing out 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 for whom associated with the CONTRACTOR is liable. The CONTRACTOR shall be responsible for damage to any elevator equipment 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 levied against the OWNER then the CONTRACTOR shall be responsible for all fines levied against the OWNER. 6. Termination of Agreement 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 within 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 or perform the Work within the time specified, or within a reasonable time as determined by the Owner, or failure on the part of the Contractor to make replacements of rejected articles, or Work when so requested, immediately or as directed by the Owner, shall constitute authority for the Owner to purchase in the open market, articles or Work of comparable grade to replace the articles or Work rejected, not delivered or completed. On all such purchases, For termination pursuant to this Article the Contractor shall be liable to reimburse the Owner for damages proximately caused by CONTRACTOR’s breach of the Standard of Care within a reasonable time specified by the Owner for any expense incurred in excess of Agreement prices. iii. Such purchases shall be deducted from the Agreement sum. If public necessity demands it, the Owner reserves the right to utilize services or use and/or consume articles delivered, which are standard in quality, subject to an adjustment of price to be determined by the Owner. b. Termination for Convenience: The OWNER has the absolute right to terminate the Agreement upon “Award of Contract” another CONTRACTOR, to perform work referenced herein. In such event, payment of the monthly contract fee shall cease on the date of cancellation of the CONTRACT by the OWNER. 7. Warranty a. For non professional services, Tthe CONTRACTOR warrants that the Work including equipment and materials provided shall conform to the professional standards of care and practice in Page 224 of 301 effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects, or errors. If the CONTRACTOR is notified in writing of a fault, deficiency or error in the Work, the CONTRACTOR shall at the OWNER’s option, either re-perform such portions of the Work to correct such fault, defect, or error, at no additional cost to the OWNER, or refund to the OWNER the charge paid by the OWNER, which is attributable to such portions of the faulty, defective or erroneous Work, including costs for re-performance or Work provided by other CONTRACTORS. All equipment and materials provided by the CONTRACTOR shall be merchantable and for the purpose intended and meet all industry quality standards. For professional services, CONTRACTOR shall perform its services consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar locality under the same or similar circumstances. CONTRACTOR shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. CONTRACTOR makes no other representations or any warranties, whether expressed or implied, with respect to the professional services rendered hereunder. 8. Time of Completion The OWNER and CONTRACTOR understand and agree that time is of the essence in the performance of this Agreement. The CONTRACTOR or OWNER, respectively, shall not be liable 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 or representative, strikes, fire, water damage, loss of power, loss of funding or any other causes, contingencies, or circumstances not subject to the OWNER or CONTRACTOR’S control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the OWNER’S or CONTRACTOR’S contractual obligations, respectively. Any such causes of delay, even though existing on the date of the CONTRACT, or on the day 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 OWNER agrees the Work is completed. In the event Work furnished under the CONTRACT is found to be defective or does not conform to the intent of the CONTRACT, the CONTRACTOR shall, within ten (10) days from receipt of notice from the OWNER, correct the deficiencies. Failure on the part of the CONTRACTOR to properly correct the deficiencies within the time period allowed will constitute the OWNER’S right to cancel the CONTRACT immediately, upon written notice to the CONTRACTOR. 11. Correction of Work The CONTRACTOR shall promptly correct all Work rejected by the OWNER as faulty, defective or failing to conform to the CONTRACT, whether observed before or after completion of the Work. The CONTRACTOR shall bear all costs of correcting such rejected Work. 12. Right to Audit The CONTRACTOR shall maintain documentation of all work performed. The CONTRACTOR shall make any and all documentation available to the OWNER at all reasonable times, for inspections and audit by the OWNER, during the entire term of the CONTRACT, and for a period of three (3) years after the expiration of Page 225 of 301 2023 I. Employer: Company Name: Address: Email: Certifying Official:Signature: Telephone: Prepared by (if different):Telephone: C/TPA Name and Telephone (if applicable): DOT # : (Check) (If more than one vessel, list separately.) II. Covered Employees: (A) Enter Total Number Safety-Sensitive Employees In All Employee Categories: (B) Enter Total Number of Employee Categories: III. Drug Testing Data: 1 2 3 4 5 6 7 8 9 10 11 12 13 AdulteratedSubstituted"Shy Bladder" - With No Medical ExplanationOther Refusals to Submit to TestingPre-Employment 11 10 0 0 0 0 0 0 0 0 0 1 1 Random 1 1 0 0 0 0 0 0 0 0 0 0 0 Post-Accident 0 0 0 0 0 0 0 0 0 0 0 0 0 Reasonable Susp./Cause 0 0 0 0 0 0 0 0 0 0 0 0 0 Return-to-Duty 0 0 0 0 0 0 0 0 0 0 0 0 0 Follow-Up 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 12 11 0 0 0 0 0 0 0 0 0 1 1 IV. Alcohol Testing Data: 1 2 3 4 5 6 7 8 9 Shy Lung No Medical ExplanationOther Refusals to SubmitPre-Employment 0 0 0 0 0 0 0 0 0 Random 0 0 0 0 0 0 0 0 0 Post-Accident 0 0 0 0 0 0 0 0 0 Reasonable Cause 0 0 0 0 0 0 0 0 0 Return-to-Duty 0 0 0 0 0 0 0 0 0 Follow-Up 0 0 0 0 0 0 0 0 0 TOTAL 0 0 0 0 0 0 0 0 0Positive for OpioidsPositive for AmphetaminesVessel ID # (USCG or State-Issued): Refusal Results Total Number of Test Results [Should equal the sum of Columns 2,3,9,10,11, and 12] Verified Negative ResultsVerified Positive Results - For One Or More DrugsPositive for MarijuanaPipeline Testing Consortium, Inc 1 Owner-operator: (circle one) YES or NO Exempt (Circle One) YES or NO 620-669-8800 Cancelled Results22 If you have multiple employee categories, complete Sections I and II (A) & (B). Take that filled-in form and make one copy for each employee category and complete Stections II (C), III, and IV for each seperate employee category.Positive for PCPNumber of Confirmation Test ResultsConfirmation Results .02 through .039(C) Employee Category OPERATIONS/MAINTENANCE/EMERGENC Y RESPONSE Type of Test Positive for CocaineTotal Number of Employees in this Category 22 ROBBIE TRONCALLI 1/8/2024 620-669-8800 Type of Test Total Number of Screening Test ResultsScreening Tests Below .02Screening Tests .02 or GreaterCancelled ResultsConfirmation Results .04 or GreaterRefusal Results Vergi Geurian ROBBIE TRONCALLI 711 NANCE FORD RD SW, HARTSELLE, AL, 35640 Date Certified:256-612-9974 Doing Business As (DBA Name (if applicable): SURVIEW FIELD SERVICES 0 robbie.troncalli@magnolia-river.com U.S. DEPARTMENT OF TRANSPORTATION DRUG AND ALCOHOL TESTING MIS DATA COLLECTION FORM Calendar Year Covered by this Report:Federal Tax ID/BTIN #:0 Total Number of Observed/documented Part 219 "Rule G" Observations for covered employees: Check the DOT agency for which you are reporting MIS data; and complete the information on that same line as appropriate: Certificate # (if applicable):Plan / Registration # (if applicable): FMCSA -Motor Carrier: FAA-Aviation: PHMSA-Pipeline:Gas Gathering Gas Transmission Gas Distribution Transport Hazardous Liquids Transport Carbon Dioxide FRA -Railroad: USCG -Maritime: FTA -Transit Page 226 of 301 this CONTRACT. 13. CONTRACT Rights and Remedies The CONTRACTOR shall maintain documentation of all work performed. The CONTRACTOR shall make any and all documentation available to the OWNER at all reasonable times, for inspections and audit by the OWNER, during the entire term of the CONTRACT, and for a period of three (3) years after the expiration of this CONTRACT. 14. Time is of the Essence The Owner and CONTRACTOR agree that time is of the essence in the performance of Work called for under this CONTRACT. The CONTRACTOR agrees that all work will be accomplished regularly, diligently and uninterrupted at such a rate of progress as will ensure full completion thereof within reasonable time periods. 15. Safety Measures The CONTRACTOR shall 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. 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 performance thereof. The OWNER will not be responsible for any alleged misunderstanding of conditions surrounding the performance thereof. It is understood that execution of the CONTRACT by the CONTRACTOR serves as his stated commitment to fulfill all requirements and conditions referred to in this CONTRACT. 18. Scope of Work See ATTACHMENT B 19. Contractor Liability Nothing in this CONTRACT shall be construed to mean that the CONTRACTOR assumes any liability for damages or otherwise, on account of accidents to persons or property, except those resulting from negligence on the part of the CONTRACTOR or its agents, servants, employees, and subcontractors. CONTRACTOR’S CUMULATIVE LIABILITY UNDER ALL THEORIES OF LIABILITY PERTAINING TO THIS AGREEMENT (WHETHER BASED IN TORT, CONTRACT OR STRICT LIABILITY) OR THE PERFORMANCE THEREOF OR ANY INCIDENT ARISING FROM THE PERFORMANCE OF THIS AGREEMENT AND THE ASSOCIATED INDEMNIFICATION HEREUNDER SHALL NOT EXCEED AVAILABLE INSURANCE PROCEEDS REQUIRED BY THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST THE OTHER PARTY BY ANY THIRD PARTY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. THIS LIMITATION OF LIABILITY PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Formatted: Font: (Default) Calibri Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Page 227 of 301 20. Miscellaneous Provisions a. The CONTRACTOR shall not employ SUB-CONTRACTORS without the express written permission of the OWNER. b. The CONTRACTOR shall not assign the CONTRACT or sublet it as a whole without the express written permission of the OWNER. The OWNER may assign the CONTRACT, or sublet it as a whole, without the consent of the CONTRACTOR. c. No waiver, alteration, consent, or modification of any of the provisions of the CONTRACT shall be binding unless in writing and signed by the OWNER and CONTRACTOR. d. The CONTRACTOR 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 this CONTRACT. e. The CONTRACTOR shall 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 by the 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 task 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. 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 $15,000 include the following language: By signing this Contract, COMPANY NAME represents and agrees that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade Page 228 of 301 IN WITNESS WHEREFORE, the parties hereto have executed this CONTRACT as of the day and year first above written. THE CITY OF FAIRHOPE, ALABAMA ATTEST: Sherry Sullivan, Mayor Lisa A. Hanks, MMC, City Clerk NOTARY FOR OWNER (CITY OF FAIRHOPE) STATE OF ALABAMA } COUNTY OF BALDWIN } I, the undersigned authority in and for said State and County, hereby certify that SHERRY SULLIVAN, 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, that, being informed of the contents of the document she executed the same voluntarily on the date the same bears date. Given under my hand and Notary Seal on this day of , 202 . NOTARY PUBLIC MY COMMISSION EXPIRES Page 229 of 301 IF INDIVIDUAL OR PARTNERSHIP Individual or Partnership Print Name of Partner Print Name of Representative Authorized to Sign Print Name of Partner Contracts for the firm Signature of Representative Authorized to Sign Print Name of Partner Contracts for the firm Address Address City, State, Zip Code Phone Number Fax Number Primary E-mail Address AL General Contractor License No. (Attach Copy) AL General Contractor License Major Categories AL General Contractor Specialties AL Foreign Corporation Entity ID (Required of Out of State Vendors) IF CORPORATION OR LLC Company State of Incorporation Company Representative Print Name of Representative Authorized to Sign Signature of Representative Authorized to Sign Contracts for the firm Contracts for the firm Address Address City, State, Zip Code Page 230 of 301 Phone Number Fax Number Primary E-mail Address AL General Contractor License No. (Attach Copy) AL General Contractor License Major Categories AL General Contractor Specialties AL Foreign Corporation Entity ID (Required of Out of State Vendors) NOTARY FOR INDIVIDUAL, PARTNERSHIP, CORPORATION, OR LLC STATE OF } COUNTY OF } I, the undersigned authority in and for said State and County, hereby certify that respectively of Title Company Name As Name Whose name is signed in the foregoing document and who is known to me, acknowledged before me on this day, being informed of the contents of the document they executed the same voluntarily on the day the same bears date. Given under my hand and Notary Seal on this day of , 202 . NOTARY PUBLIC MY COMMISSION EXPIRES Page 231 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 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 website 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 Fairhope reserves the option to place additional orders against a contract awarded as a result of this solicitation at the same terms and conditions; to extend the renewal date until a new bid is in place, if it is mutually agreeable. 5. 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 permission 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 Fairhope 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. Page 232 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 8. AWARD CONSIDERATION The following factors will be considered in determining the lowest responsible bidder: Overall quality, Conformity with 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 promise, 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 Fairhope. 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 successful bidder will be notified after the awarding of the contract. 12. BRAND NAMES Reference to brand names and numbers is descriptive, but not restrictive, unless otherwise specified. Bids on equivalent items meeting the standards of quality thereby indicated will be considered, providing the bid clearly describes the article offered and indicates how it differs from the referenced brands. Descriptive literature or manufacturers specifications plus any supplemental information necessary for comparison purposes should be submitted with the bid or the bid on that item may be rejected. Reference to literature submitted with a previous bid or on file with the Division of Purchasing will not satisfy this requirement. The burden is on the bidder to demonstrate that the item bid is equivalent to the item specified in the ITB. Bids without sufficient documentation to fully support equality, may be considered non-responsive. Reference by the City of Fairhope in the ITB to available existing specifications shall be sufficient to make the terms of such specifications binding on the bidder. Unless the bidder specifies otherwise in its bid, it is understood the bidder is offering a referenced brand item as specified in the ITB or is bidding as specified when no brand is referenced. Failure to examine drawings, specifications and instructions will be at the bidder's risk. 13. BUSINESS LICENSE The vendor selected to enter into a Contract / Agreement with the City of Fairhope must be licensed to do business in the City of Fairhope prior to commencement of any work under the contract. Delivery of goods or services to the City of Fairhope by Purchase Order have detailed and varied Business License requirements. In all instances that require a business license. Awarded vendor will provide proof of possessing a current City of Fairhope Business License. Prospective bidders will not be required to possess a City of Fairhope Business License prior to award. 14. CANCELLATION OF / CONTRACT / AGREEMENT / PURCHASE ORDER / LEASE A purchase order can be canceled 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 justifiable cause, or convenience, by written notice. Page 233 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 15. CERTIFICATION PURSUANT TO ACT NO. 2006-557 Alabama 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 sales for delivery into 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 the 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/dl1.cfm. 16. COST OF REMEDYING DEFECTS Subject to the Standard of Care for professional services, Aall defects, indirect and consequential costs of correcting, removing, or replacing any or all of the defective materials or equipment will be charged against the awarded vendor. 17. DELIVERY OF BID Bids must be received in the Purchasing Office by the date and time specified on the bid cover. All bids will be accepted until the time and date stated on the bid cover. No bids will be accepted that extend past the time and date on the bid cover. The time of receipt shall be determined by the time clock stamp in the Purchasing Department. Bids submitted by U.S. Mail must be received by the City of Fairhope of Baldwin County, Alabama, in the City of Fairhope offices, 555 South Section St., Fairhope, Al., unless otherwise specified. 18. DELIVERY The number of calendar days required for delivery after receipt of a purchase order shall be stated in the RFQ / ITB / RFP and /or Purchase Orders. When no time is stated in the document, the time shall be fourteen (14) calendar days after receipt of order. If a shipment is not made within the time period specified, the Purchase Order may be canceled. 19. ENVIRONMENTAL REQUIREMENTS All products will be clearly labeled for their intended use. Each delivery of product or materials will include a Material Safety Data Sheet (MSDS) for all materials that require an MSDS. All manufacturers/distributors of hazardous substances, including any of the items listed on this bid/quote/ contract and subsequent award must include completed material safety data sheet (MSDS) for each hazardous material. Additionally, each container of hazardous materials must be appropriately labeled with: a) The identity of the hazardous material, b) Appropriate hazard warnings, and manufacturer, importer, or other responsible party. 20. EQUIPMENT DEMONSTRATION The City of Fairhope may require equipment/ product materials or service techniques to be demonstrated at a time, date, and location to be specified by the City of Fairhope. 21. EQUIPMENT ELECTRICAL CERTIFICATION All electrical equipment purchased shall conform to, and be identified in, the applicable standard(s), or otherwise be certified as applicable, as of the bid opening date and time, by Underwriters Laboratories, Inc., or other recognized laboratory facility. Bidder must provide satisfactory documentation with returned bid that all such equipment meets the applicable product standard or has otherwise been certified as outlined above. Unless indicated in the bid document, the above certification shall apply to the equipment itself, not the individual components of that equipment. 22. ERRORS IN BID Bidders are assumed to be informed regarding conditions, requirements, and specifications prior to submitting bids. Failure to do so will be at the bidder’s risk. Bids already submitted may be withdrawn without penalty prior to bid opening. Errors discovered after the bid opening may not be corrected. Page 234 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 23. FORCE MAJEURE Neither the City nor the awarded vendor shall be deemed in breach of any contract / Purchase Order or Agreement which 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 fault 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 referenced causes, or other unavoidable circumstances not attributable to the fault or negligence of the vendor. The burden of proof for such relief rests with the vendor. All correspondence pertaining to cancellation of a purchase order or term contract must be addressed to the City of Fairhope Purchasing Manager. 24. HAZARDOUS AND TOXIC SUBSTANCES Bidder must comply with all applicable Federal, State, County and City laws, ordinances and regulations relating to hazardous and toxic substances, including such laws, ordinances and regulations pertaining to information hazardous and toxic substances, and as amended from time to time. Bidder shall provide the City of Fairhope with a “Material Safety Data Sheet” for all goods that carry one. 25. INDEMNITY Indemnity: The awarded vendor hereby agrees to indemnify and save harmless the City of Fairhope, its officers, agent, and employees, from and against any and all liabilities, third party claims, demands, damages, losses and liabilities fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including reasonable attorney fees where recoverable by law for trial and on appeal, of any kind and nature, arising or growing out of, or in any way connected with the performance of this Contract / Agreement / Purchase Order, to the extent caused by a negligent act or omission of the awarded vendor, their agents, servants, employees, Subcontractors, or others for whom associated with the awarded vendor is responsible. The awarded vendor shall be responsible for damage to any equipment excluded from this agreement, or damage or injury caused by any equipment excluded from this agreement, only to the extent that the damage or injury is caused by a negligent act or omission of the awarded vendor or caused by failure of the awarded vendor’s supplied product to perform as specified. 26. INSPECTION All materials, workmanship, equipment, and supplies are subject to inspection and test at any source or time. Final inspection, acceptance or rejection will be made at delivery destination. Goods that do not meet specifications will be rejected unless substitutions have been approved by the City of Fairhope. Failure to inspect or to reject upon receipt, however, does not relieve the awarded vendor of liability. When subsequent tests, after receipt, are conducted and when such tests reveal a failure to meet specifications, the City of Fairhope will reject the goods and the awarded vendor shall immediately supply goods meeting specifications or the City of Fairhope may seek damages including but not limited to the testing expense, regardless of whether a part of or all of the goods have been consumed through the testing process. Rejected goods shall be removed by the awarded vendor promptly after rejection, at his expense. If not removed in fourteen (14) calendar days, they may be disposed of at the discretion of the City of Fairhope. Disposal costs will be the awarded vendor’s responsibility. Page 235 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 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 Order. 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 indemnify and hold harmless the City of Fairhope from Workmen’s Compensation and Public Liability claims from property damage and personal injury, including death, which may arise from the awarded vendor’s operations under this Contract / Agreement / Purchase Order, or by anyone directly or indirectly employed by him/her. 29. INVITATION TO BID Any provisions made in the RFQ / ITB / RFP, or other form of solicitation, supersedes any provisions outlined here in the General Terms and Conditions. 30. INVOICING, DELIVERY, PACKAGING Invoices shall be prepared only after ordered materials have been delivered. All invoices must show the purchase order number. Unless otherwise specified in writing, vendors shall not ship any material without an authorized Purchase Order from the City of Fairhope Purchasing Department. All packages delivered must show the purchase order number. The awarded vendor will be required to furnish all materials, equipment and/or service called for at the bid price quoted. In the event the awarded vendor fails to deliver within a reasonable period of time, as determined by the City of Fairhope, the right is reserved to cancel the award and subsequent purchase order and purchase from the next lowest responsible bidder the items needed. The original awarded vendor will be back charged the difference 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 pass 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. Page 236 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 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 incurred 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 replacement 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 shortage, 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 / ITB / RFP or other form of solicitation. 33. MANDATORY SITE VISIT If the RFQ / ITB /RFP or other form of solicitation requires a mandatory site visit, bidders must inspect the site where installation or service is to take place to obtain a full understanding of scope of work outlined therein. Date of site visit will be determined by the City of Fairhope. 34 MONITORING OF SERVICES Performance of services will be monitored by the requisitioning department and/or the Purchasing Department, and evaluation reports may be filed with the Purchasing Department. Performance not meeting specifications will result in cancellation of Contract / Agreement / Purchase Order and may result in vendor being 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 bidder, at bidder's expense. 36. NON-DESCRIMINATION The City of Fairhope is an Equal Opportunity Employer and requires that all contractors comply with the Equal Employment Opportunity laws and the provisions of the Contract / Agreement / Purchase Order documents in this regard. The City also encourages and supports the utilization of Minority Business Enterprises on this and all public bids. 37. NON-EXCLUSIVE Unless otherwise specified, this Contract / Agreement / Purchase Order is considered a non-exclusive Contract /Agreement / Purchase Order between the parties. 38. NOTIFICATION AND ACCIDENT REPORTS In the event of accidents of any kind, in the performance of a Contract / Agreement / Purchase Order, the awarded vendor shall notify the City of Fairhope immediately and furnish, without delay, copies of all such accident reports to the City of Fairhope. If in the performance of their Work, the awarded vendor fails to immediately report an accident to the City of Fairhope, of which the awarded vendor has knowledge of and which results in a fine levied against the City of Fairhope then the awarded vendor shall be responsible for all fines levied against the City of Fairhope. 39. PACKAGING All goods must be packaged in new packing containers. Packing that meets the requirements of common carriers is acceptable, unless otherwise required. A packing slip or invoice must accompany all shipments and must reference the purchase order number. Unless otherwise specified, goods are to be packaged in cartons meeting federal specifications and shipped on non-returnable pallets. 40. PATENTS Awarded Vendor shall perform so 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 claims arising from the purchase of goods or services. 41. PAYMENT Invoices -- Upon completion of service and delivery of materials specified in the applicable Contract / Agreement / Purchase Order, awarded vendor will submit an invoice and signed delivery ticket to: City of Fairhope Accounts Payable Department P.O. Box 429 Fairhope, Al. 36533 All invoices 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 receipt by the City of Fairhope, provided they are approved by the City of Fairhope. Page 237 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 42. PAYMENT WITHHELD INTENTIONALLY DELETED. 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 initialed and dated by the person authorized to sign quotations /bids / proposals. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. 46. QUESTIONS / CONTACT Commencing with the issuance of the RFQ / ITB / RFP, or other form of solicitation, no vendor or anyone acting on a vendor’s behalf, shall make direct or indirect contact with City personnel or undertake any activities or take any action to otherwise promote its quotation / bid / proposal to the City or its personnel. All communications shall be made to the contact identified in the quotation / bid / proposal documents. Violation of this requirement may, at the City’s sole and absolute discretion, be grounds for disqualifying a vendor from further consideration. 47. RECEIPT BY CITY OF FAIRHOPE If not otherwise stated in the order, the City of Fairhope will be said to have received goods when they have been delivered, unloaded, and placed on the agency's dock or if there is no dock, inside an accessible building, and signed for by an authorized City employee. Shipments will be checked against the receiving copy of the Purchase Order. If the purchase order requires grading certificates, USDA Stamps, or any proof of quality, such proof must accompany the shipment. 48. REJECTION OF BIDS The City of Fairhope reserves the right to accept or reject any or all bids in whole or in part for any reason, to waive technicalities or informalities, or to advertise for new proposals, if, in the judgment of the awarding authority, the best interest of the City of Fairhope will be promoted thereby. Bidders may be disqualified and rejection of proposals may be recommended for any of (but not limited to) the following causes: Failure to use the bid forms furnished by the City of Fairhope, Lack of signature by an authorized representative on the bid form, Failure to properly complete the bid form and vendor compliance, Evidence of collusion among bidders, Unauthorized alteration of the bid form. 49. RIGHT TO AUDIT The awarded vendor shall maintain documentation of all work performed. The awarded vendor shall make any and all documentation available to the City of Fairhope at all reasonable times, for inspections and audit by the City of Fairhope for a period of Three (3) years after expiration of the Contract / Agreement / Purchase Order. 50. 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 opening 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 against hazards in and around the Work site. Page 238 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 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 instruction 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 Substitutions 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, ITB, 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 terminated 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 Order Agreement may be terminated by the City of Fairhope, in whole or in part, in writing, whenever the City of Fairhope determines that the awarded vendor has failed to meet the requirements of the Contract / Agreement / Purchase Order. 59. TERMINATION FOR NON-APPROPRIATION Termination for Non-appropriation – The continuation of any financial obligation beyond the current fiscal year is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the local source, State Legislature and/or federal sources. The City of Fairhope may terminate any financial obligation, and awarded vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the City of Fairhope’s funding from local, State and/or federal sources is not appropriated, withdrawn or limited. 60. TIME IS OF THE ESSENCE The City of Fairhope and awarded vendor agree that time is of the essence in the performance of work called for under this Contract / Agreement / Purchase Order. The awarded vendor agrees that all work will be accomplished regularly, diligently, and uninterrupted at such a rate of progress so that 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. Page 239 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov 63. WARRANTY For non professional work, Tthe 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. For non professional work, Tthe 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. For non professional work, Aawarded 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. For non professional work Tthose 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 vendor’s warranty. For professional services, CONTRACTOR shall perform its services consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar locality under the same or similar circumstances. CONTRACTOR shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. CONTRACTOR makes no other representations or any warranties, whether expressed or implied, with respect to the professional services rendered hereunder. 64. LIMITATION OF LIABILITY CONTRACTOR’S CUMULATIVE LIABILITY UNDER ALL THEORIES OF LIABILITY PERTAINING TO THIS AGREEMENT (WHETHER BASED IN TORT, CONTRACT OR STRICT LIABILITY) OR THE PERFORMANCE THEREOF OR ANY INCIDENT ARISING FROM THE PERFORMANCE OF THIS AGREEMENT AND THE ASSOCIATED INDEMNIFICATION HEREUNDER SHALL NOT EXCEED AVAILABLE INSURANCE PROCEEDS REQUIRED BY THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOSS Formatted: Indent: Left: 0.08", Right: 3.9" Page 240 of 301 COF-003 092721 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov OF PROFITS, ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST THE OTHER PARTY BY ANY THIRD PARTY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. THIS LIMITATION OF LIABILITY PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 654. 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. Page 241 of 301 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 entities 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 citizen or national of the United States, as described in 8 U.S.C. § 1101, et seq., and any amendments thereto. BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit. Business entity shall include but not be limited to the following: a. Self-employed individuals, business entities filling articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State. b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state, any business entity that is exempt by law from obtaining such a business license, an any business entity that is operating unlawfully without a business license. CONTRACTOR. A person, employer, or business entity that enters into a CONTRACT to perform any service or work or to provide a certain product in exchange for valuable consideration. This definition shall include, but not be limited to, a general CONTRACTOR, SUB-CONTRACTOR, independent CONTRACTOR, CONTRACT employee, project manager, or a recruiting or staffing entity. EMPLOYEE. Any person directed, allowed, or permitted to perform labor or service of any kind by an employer. The employees of an independent CONTRACTOR working for a business entity shall not be regarded as the employees of the business entity, for the purposes of this chapter. This term does not include any inmate in the legal custody of the state, a county, or a municipality. EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. This term shall not include the occupant of a household contracting with another person to perform casual domestic labor within the household. E-VERIFY. The electronic verification of federal employment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division c, Section 403 (a); 8 U.S.C. §1324(a) and operated by the United States Department of Homeland Security, or its successor program. STATE-FUNDED ENTITY. Any governmental entity of the state or a political subdivision thereof or any other entity that receives any monies from the state or a political subdivision thereof; provided, however, an entity that merely provides a service or a product to any governmental entity of the state or a political subdivision thereof, and receives compensation for the same, shall not be considered a state-funded entity. SUB-CONTRACTOR. A person, business entity, or employer who is awarded a portion of an existing CONTRACT by a CONTRACTOR, regardless of its tier. Page 242 of 301 UNAUTHORIZED ALIEN. An alien who is not authorized to work in the United States as defined in 8 U.S.C. § 1324a (h) (3). 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 this section, "CONTRACT" shall 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 As a condition for the award of any CONTRACT, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. As a condition for the award of any CONTRACT, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees within the state of Alabama, the business entity or employer shall provide documentation establishing that the business entity 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. 5.0 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 continue 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. 6.0 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 Page 243 of 301 ITEM IX INVITATION SUMMARY Bid Number 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey Bid Name: BID 24-050 Request for Proposals Natural Gas Distribution System Leak Detection Survey Issue Date: May 17, 2024 Certificate of Insurance Requirements: See Item V Deadline for Questions Date: Wednesday, June 5, 2024, 11:00 A.M. Bid Due Date: Thursday, June 13, 2024, 10:00 A.M. City Internet Site: www.FairhopeAL.gov SEALED Bid Response Copies to submit: One (1) Original Paper Copy Purchasing Department Contact for questions: Purchasing@FairhopeAL.gov (251) 928-8003 END OF INVITATION SUMMARY Page 244 of 301 ITEM X 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 immediately 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 bids. In the event no award is made within such time, all bids may be rejected, and all bonds returned. Provided; however, the potentially successful bidder may enter into a written agreement with the City for an extension of time for consideration of its bid, in which case, the bidder's bond shall remain in full force and effect, or the City may permit said bidder to substitute a satisfactory surety for the cashier'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 securities and evidence of insurance, as required, 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 Page 245 of 301 ITEM X BID BOND The PRINCIPAL (Bidder’s name and address) The OWNER City of Fairhope P.O. Drawer 429 Fairhope, Al 36533 The PROJECT for which the Principal’s Bid is submitted: (Project name as it appears in the Bid Documents) PROJECT NO. PROJECT NAME: KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Principal and Surety, jointly and severally, hereby bind ourselves, our heirs, executors, administrators, successors, and assigns to the OWNER in the PENAL SUM of five percent (5%) of the amount of the Principal’s bid, but in no event more than TEN THOUSAND DOLLARS ($10,000.00). THE CONDITION OF THIS OBIGATION is that the Principal has submitted to the OWNER the attached bid, which is incorporated herein by reference, for the Project identified above. NOW, THEREFORE, if, within the terms of the Bid Document, the OWNER accepts the Principal’s bid and the Principal thereafter either: (a) executes and delivers a Construction Contract with the required Performance and Payment Bonds (each in the for contained in the Bid Documents and properly completed in accordance with the bid) and delivers evidence of insurance as prescribed in the Bid Documents, or fails to execute and deliver such Construction Contract with such Bonds and evidence of insurance, but pays the OWNER the difference, not to exceed the Penal Sum of this Bond, between the amount of the Principal’s Bid and the larger amount for which the OWNER may award a Construction Contract for the same Work to another Bidder, then, this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety, for value received, hereby stipulates and agrees that the obligation of the Surety under this Bond shall not in any manner be impaired or affected by any extension of the time within which the OWNER may accept the Principal’s bid, and the Surety does hereby waive notice of any such extension. SIGNED AND SEALED this day of , 202 . ATTEST (Principal (Company) By _ SURETY ATTEST Print Name and Title _ Surety Company By Print Name and Title CORPORATION Name of Corporation, Partnership, or Joint Venture Business Mailing Address: email phone Page 246 of 301 BY: (Signature of Officer Authorized to sign Bids (Position or Title) and Contracts for the Firm) (General Contractor’s License Number) Foreign Corporation Entity Id (Required of out-of-state- vendors) Attest: (Secretary) (Name of State under the laws of which incorporated) BY: (Name of Surety) (Attorney in Fact) Page 247 of 301 NOTICE: This report is required by 49 CFR Part 191. Failure to report may result in a civil penalty OMB No. 2137-0629 as provided in 49 USC 60122. OMB NO: 2137-0629 EXPIRATION DATE: 6/30/2026 Form PHMSA F 7100.1-1 (rev 5-2021) Reproduction of this form is permitted Pg. 1 of 4 Initial Date Submitted: 03/12/2024 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration ANNUAL REPORT FOR CALENDAR YEAR 2023 GAS DISTRIBUTION SYSTEM Report Submission Type INITIAL Date Submitted: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2137-0629. Public reporting for this collection of information is estimated to be approximately 20 hours per response, including the time for reviewing instructions, gathering the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, PHMSA, Office of Pipeline Safety (PHP-30) 1200 New Jersey Avenue, SE, Washington, D.C. 20590. Important: Please read the separate instructions for completing this form before you begin. They clarify the information requested and provide specific examples. If you do not have a copy of the instructions, you can obtain one from the PHMSA Pipeline Safety Community Web Page at http://www.phmsa.dot.gov/pipeline/library/forms. PART A - OPERATOR INFORMATION (DOT use only) 20240899-58898 1. Name of Operator FAIRHOPE GAS SYSTEM, CITY OF 2. LOCATION OF OFFICE (WHERE ADDITIONAL INFORMATION MAY BE OBTAINED) 2a. Street Address 555 S Section St 2b. City and County Fairhope Alabama 2c. State AL 2d. Zip Code 36532 3. OPERATOR'S 5 DIGIT IDENTIFICATION NUMBER 5040 4. HEADQUARTERS NAME & ADDRESS 4a. Street Address 555 SOUTH SECTION STREET 4b. City and County FAIRHOPE 4c. State AL 4d. Zip Code 36532 5. STATE IN WHICH SYSTEM OPERATES AL 6. THIS REPORT PERTAINS TO THE FOLLOWING COMMODITY GROUP (Select Commodity Group based on the predominant gas carried and complete the report for that Commodity Group. File a separate report for each Commodity Group included in this OPID.) Natural Gas 7. THIS REPORT PERTAINS TO THE FOLLOWING TYPE OF OPERATOR (Select Type of Operator based on the structure of the company included in this OPID for which this report is being submitted.): Municipal Owned PART B - SYSTEM DESCRIPTION 1.GENERAL STEEL PLASTIC CAST/ WROUGHT IRON DUCTILE IRON COPPER OTHER RECONDITION ED CAST IRON SYSTEM TOTAL UNPROTECTED CATHODICALLY PROTECTED BARE COATED BARE COATED MILES OF MAIN 228 180 15 0 0 0 0 423 NO. OF SERVICES 107 179 0 3136 9970 0 0 0 0 0 13392 Page 248 of 301 NOTICE: This report is required by 49 CFR Part 191. Failure to report may result in a civil penalty OMB No. 2137-0629 as provided in 49 USC 60122. OMB NO: 2137-0629 EXPIRATION DATE: 6/30/2026 Form PHMSA F 7100.1-1 (rev 5-2021) Reproduction of this form is permitted Pg. 2 of 4 2. MILES OF MAINS IN SYSTEM AT END OF YEAR MATERIAL UNKNOWN 2” OR LESS OVER 2” THRU 4” OVER 4” THRU 8” OVER 8” THRU 12” OVER 12” SYSTEM TOTALS STEEL 0 135 38 55 0 0 228 DUCTILE IRON 0 0 0 0 0 0 0 COPPER 0 0 0 0 0 0 0 CAST/WROUGHT IRON 0 0 15 0 0 0 15 PLASTIC PVC 0 0 0 0 0 0 0 PLASTIC PE 0 174 6 0 0 0 180 PLASTIC ABS 0 0 0 0 0 0 0 PLASTIC OTHER 0 0 0 0 0 0 0 OTHER 0 0 0 0 0 0 0 RECONDITIONED CAST IRON 0 0 0 0 0 0 0 TOTAL 0 309 59 55 0 0 423 Describe Other Material: 3.NUMBER OF SERVICES IN SYSTEM AT END OF YEAR AVERAGE SERVICE LENGTH: 100 MATERIAL UNKNOWN 1’’ OR LESS OVER 1’’ THRU 2’’ OVER 2’’ THRU 4’’ OVER 4’’ THRU 8’’ OVER 8’’ SYSTEM TOTALS STEEL 0 3422 0 0 0 0 3422 DUCTILE IRON 0 0 0 0 0 0 0 COPPER 0 0 0 0 0 0 0 CAST/WROUGHT IRON 0 0 0 0 0 0 0 PLASTIC PVC 0 0 0 0 0 0 0 PLASTIC PE 0 9938 32 0 0 0 9970 PLASTIC ABS 0 0 0 0 0 0 0 PLASTIC OTHER 0 0 0 0 0 0 0 OTHER 0 0 0 0 0 0 0 RECONDITIONED CAST IRON 0 0 0 0 0 0 0 TOTAL 0 13360 32 0 0 0 13392 Describe Other Material: 4.MILES OF MAIN AND NUMBER OF SERVICES BY DECADE OF INSTALLATION UNKNOWN PRE-1940 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2009 2010-2019 2020-2029 TOTAL MILES OF MAIN 0 0 0 45 25 142 42 74 30 50 15 423 NUMBER OF SERVICES 0 0 0 1812 1416 910 864 2216 1553 3319 1302 13392 PART C - TOTAL LEAKS AND HAZARDOUS LEAKS ELIMINATED/REPAIRED DURING THE YEAR Page 249 of 301 NOTICE: This report is required by 49 CFR Part 191. Failure to report may result in a civil penalty OMB No. 2137-0629 as provided in 49 USC 60122. OMB NO: 2137-0629 EXPIRATION DATE: 6/30/2026 Form PHMSA F 7100.1-1 (rev 5-2021) Reproduction of this form is permitted Pg. 3 of 4 CAUSE OF LEAK MAINS SERVICES TOTAL HAZARDOUS TOTAL HAZARDOUS CORROSION FAILURE 0 0 5 2 NATURAL FORCE DAMAGE 0 0 12 11 EXCAVATION DAMAGE 28 28 49 49 OTHER OUTSIDE FORCE DAMAGE 11 11 16 15 PIPE, WELD OR JOINT FAILURE 2 0 0 0 EQUIPMENT FAILURE 0 0 0 0 INCORRECT OPERATIONS 0 0 0 0 OTHER CAUSE 0 0 0 0 NUMBER OF KNOWN SYSTEM LEAKS AT END OF YEAR SCHEDULED FOR REPAIR : 0 NUMBER OF HAZARDOUS LEAKS INVOLVING A MECHANICAL JOINT FAILURE : 0 PART D - EXCAVATION DAMAGE PART E – RESERVED 1. TOTAL NUMBER OF EXCAVATION DAMAGES BY APPARENT ROOT CAUSE: 77 a. One-Call Notification Practices Not Sufficient: 51 b. Locating Practices Not Sufficient: 7 c. Excavation Practices Not Sufficient: 19 d. Other: 0 2. NUMBER OF EXCAVATION TICKETS 33908 PART F - LEAKS ON FEDERAL LAND PART G – PERCENT OF UNACCOUNTED FOR GAS TOTAL NUMBER OF LEAKS ON FEDERAL LAND REPAIRED OR SCHEDULED TO REPAIR: 0 UNACCOUNTED FOR GAS AS A PERCENT OF TOTAL CONSUMPTION FOR THE 12 MONTHS ENDING JUNE 30 OF THE REPORTING YEAR. [(PURCHASED GAS + PRODUCED GAS) MINUS (CUSTOMER USE + COMPANY USE + APPROPRIATE ADJUSTMENTS)] DIVIDED BY (CUSTOMER USE + COMPANY USE + APPROPRIATE ADJUSTMENTS) TIMES 100 EQUALS PERCENT UNACCOUNTED FOR. FOR YEAR ENDING 6/30: 3% Page 250 of 301 NOTICE: This report is required by 49 CFR Part 191. Failure to report may result in a civil penalty OMB No. 2137-0629 as provided in 49 USC 60122. OMB NO: 2137-0629 EXPIRATION DATE: 6/30/2026 Form PHMSA F 7100.1-1 (rev 5-2021) Reproduction of this form is permitted Pg. 4 of 4 PART H - ADDITIONAL INFORMATION In an effort to report the most accurate information available, Fairhope Public Utilities (FPU) has taken measures to ensure the information provided is correct. FPU has completed as of October 18th, 2023, an additional 100% leakage and atmospheric corrosion survey of our system. We utilized GPS mapping to correct historically incorrect data. Changes made on this annual report reflect these corrections. We strive to report the most accurate data available as we update and improve our data and mapping. PART I - PREPARER John Boyett Gas Superintendent (Preparer’s Name and Title) (251) 928-8003 (Area Code and Telephone Number) wes.boyett@fairhopeal.gov (Preparer’s email address) (000) 000-0000 (Area Code and Facsimile Number) Page 251 of 301 2023 I. Employer: Company Name: Address: Email: Certifying Official:Signature: Telephone: Prepared by (if different):Telephone: C/TPA Name and Telephone (if applicable): DOT # : (Check) (If more than one vessel, list separately.) II. Covered Employees: (A) Enter Total Number Safety-Sensitive Employees In All Employee Categories: (B) Enter Total Number of Employee Categories: III. Drug Testing Data: 1 2 3 4 5 6 7 8 9 10 11 12 13 AdulteratedSubstituted"Shy Bladder" - With No Medical ExplanationOther Refusals to Submit to TestingPre-Employment 11 10 0 0 0 0 0 0 0 0 0 1 1 Random 1 1 0 0 0 0 0 0 0 0 0 0 0 Post-Accident 0 0 0 0 0 0 0 0 0 0 0 0 0 Reasonable Susp./Cause 0 0 0 0 0 0 0 0 0 0 0 0 0 Return-to-Duty 0 0 0 0 0 0 0 0 0 0 0 0 0 Follow-Up 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 12 11 0 0 0 0 0 0 0 0 0 1 1 IV. Alcohol Testing Data: 1 2 3 4 5 6 7 8 9 Shy Lung No Medical ExplanationOther Refusals to SubmitPre-Employment 0 0 0 0 0 0 0 0 0 Random 0 0 0 0 0 0 0 0 0 Post-Accident 0 0 0 0 0 0 0 0 0 Reasonable Cause 0 0 0 0 0 0 0 0 0 Return-to-Duty 0 0 0 0 0 0 0 0 0 Follow-Up 0 0 0 0 0 0 0 0 0 TOTAL 0 0 0 0 0 0 0 0 0Positive for OpioidsPositive for AmphetaminesVessel ID # (USCG or State-Issued): Refusal Results Total Number of Test Results [Should equal the sum of Columns 2,3,9,10,11, and 12] Verified Negative ResultsVerified Positive Results - For One Or More DrugsPositive for MarijuanaPipeline Testing Consortium, Inc 1 Owner-operator: (circle one) YES or NO Exempt (Circle One) YES or NO 620-669-8800 Cancelled Results22 If you have multiple employee categories, complete Sections I and II (A) & (B). Take that filled-in form and make one copy for each employee category and complete Stections II (C), III, and IV for each seperate employee category.Positive for PCPNumber of Confirmation Test ResultsConfirmation Results .02 through .039(C) Employee Category OPERATIONS/MAINTENANCE/EMERGENC Y RESPONSE Type of Test Positive for CocaineTotal Number of Employees in this Category 22 ROBBIE TRONCALLI 1/8/2024 620-669-8800 Type of Test Total Number of Screening Test ResultsScreening Tests Below .02Screening Tests .02 or GreaterCancelled ResultsConfirmation Results .04 or GreaterRefusal Results Vergi Geurian ROBBIE TRONCALLI 711 NANCE FORD RD SW, HARTSELLE, AL, 35640 Date Certified:256-612-9974 Doing Business As (DBA Name (if applicable): SURVIEW FIELD SERVICES 0 robbie.troncalli@magnolia-river.com U.S. DEPARTMENT OF TRANSPORTATION DRUG AND ALCOHOL TESTING MIS DATA COLLECTION FORM Calendar Year Covered by this Report:Federal Tax ID/BTIN #:0 Total Number of Observed/documented Part 219 "Rule G" Observations for covered employees: Check the DOT agency for which you are reporting MIS data; and complete the information on that same line as appropriate: Certificate # (if applicable):Plan / Registration # (if applicable): FMCSA -Motor Carrier: FAA-Aviation: PHMSA-Pipeline:Gas Gathering Gas Transmission Gas Distribution Transport Hazardous Liquids Transport Carbon Dioxide FRA -Railroad: USCG -Maritime: FTA -Transit Page 252 of 301 Operator Qualification Plan Surview Field Services, Inc. Created Date: 4/13/2016 Last Update Date: 11/16/2020 Page 253 of 301 P a g e | 2 Surview Field Services Operator Qualification Program Table of Contents 1.0 Introduction .................................................................................................... 3 2.0 Purpose .......................................................................................................... 3 3.0 Scope ............................................................................................................. 3 4.0 Definitions ...................................................................................................... 3 5.0 Responsibilities .............................................................................................. 4 6.0 Qualification Program ..................................................................................... 5 7.0 Covered Tasks ............................................................................................... 6 8.0 Qualification Methods ..................................................................................... 6 9.0 Abnormal Operating Conditions ..................................................................... 6 10.0 Training Requirements ................................................................................... 6 11.0 Review Of Individuals ..................................................................................... 7 12.0 Communicating Changes Affecting Covered Tasks ....................................... 8 13.0 Maintaining Qualifications .............................................................................. 8 14.0 Sub-Contractor Employees ............................................................................ 8 15.0 Recordkeeping ............................................................................................... 9 16.0 Index Of Changes .......................................................................................... 9 Appendix A: Index Of Changes .............................................................................. 10 Page 254 of 301 Surview Field Services, Inc. Operator Qualification Program P a g e | 3 1.0 INTRODUCTION Surview Field Services is committed to promoting employee and gas system safety throughout our organization. Surview Field Services has established this operator qualification program to ensure that all individuals performing covered tasks for our company on DOT-regulated pipelines are OQ qualified in accordance to 49 CFR Part 192, Subpart N and 49 CFR Part 195, Subpart G. This program includes: requirements for identifying covered tasks, qualifying individuals who perform those tasks, and managing those qualifications. All employees performing covered tasks will be OQ-qualified under this program before they perform any covered tasks. 2.0 PURPOSE The purpose of Surview Field Services Operator Qualification Program is to establish a certified qualification program with documented results to ensure compliance with D.O.T. regulations to qualify each person to perform assigned "covered" tasks and to recognize and react to abnormal operating conditions. This program will: Encourage professionalism and integrity in the safe performance of job duties Raise the level of technical competency of operating personnel Raise the performance level of operating personnel Establish job performance criteria against which the performance level of operating personnel can be evaluated Create an incentive for personal improvement of operating personnel 3.0 SCOPE This Operator Qualification program will address the training and qualification of all individuals that perform covered tasks on a pipeline for Surview Field Services. The requirements of this plan must be satisfied before any individual can perform any covered task on any pipeline. 4.0 DEFINITIONS Covered Tasks- A task that meets all four (4) parts of the four-part test set out by Part 192. A covered task is an activity that 1) is performed on a pipeline facility; 2) is an operations or maintenance task; 3) is performed as a requirement of Part 192; and 4) affects the operation or integrity of the pipeline. Abnormal Operating Condition -A condition identified by the operator that may indicate a malfunction of a component or deviation from normal operations that may 1) indicate a condition exceeding design limits or 2) result in a hazard(s) to persons, property or the environment. Normal Condition- A situation or event which can be worked or scheduled during normal hours or placed on a waiting list if necessary. This would constitute the vast majority of activities performed on a daily basis. Page 255 of 301 Surview Field Services, Inc. Operator Qualification Program P a g e | 4 Evaluation -A process established and documented by the o perator, to determine an individual's ability to perform a covered task by any of the following: (a) Written examination; (b) Oral examination; (c) Observation during performance of task; (d) Performance on the job; (e) On the job testing; (f) Simulations Qualified Employee -An individual working for Surview Field Services or its sub- contractor who has been evaluated and can: (a) Perform assigned covered tasks; and (b) Recognize and react to abnormal operating conditions. Training Module -A single unit of training that generally covers one specific area of qualification. DOT -Department of Transportation 5.0 RESPONSIBILITIES Surview Field Services is committed to making the training segment of our operation the very best and safest it can possibly be in order to comply with federal and state regulations. Our leadership will continue to monitor various methods of training to make certain our employees will react safely and responsively to events and emergencies as they occur. Training Development Surview Field Services accepts the responsibility of making sure our employees are receiving good quality training and that Surview will develop as part of this plan, a full schedule of training needs to ensure employees are properly trained. Director of Training and Operation Support will administer the internal training curriculum. Training resources outside of Surview Field Services may be employed from time to time in an effort to enhance the qualification of our employees. These resources will meet or exceed the standards that Surview has set for all internal training courses. OQ ADMINISTRATOR The responsibilities of the Director include: • Ensuring personnel receive appropriate training • Ensuring evaluation methods are applied consistently for all employees by assigning training by Group. Page 256 of 301 Surview Field Services, Inc. Operator Qualification Program P a g e | 5 • Coordinate and assist with personnel training • Maintain internal training records and field certification requirements • Update training procedures as technology becomes available • OQ plan review annually, not to exceed 15 months • Manage changes to plan and communication of changes 6.0 QUALIFICATION PROGRAM Program Components • Identify covered tasks • Evaluate persons performing covered tasks in a fair and consistent manner across corporate boundaries. • Ensure through Evaluation that Individuals Performing Covered Tasks are qualified • Define provisions to allow non-qualified persons to perform covered tasks if directed and observed by a person who is qualified. • Evaluate an individual’s performance of covered tasks that may have contributed to a reportable incident or related accident or near miss • Evaluate individuals that Surview Field Services has reason to believe may no longer be qualified to perform a covered task. • Communicate changes that affect covered tasks to individuals performing those tasks. • Identify the intervals for which re-evaluation of the individual’s qualifications are required. • Identify Abnormal Operating Conditions, (AOCs) generic and specific, that may reasonably occur in the performance of each task. • The provisions of the Operator Qualification Program (192.805) are documented in this plan and within the EWN records management system. • Covered tasks have been accepted or changed to tho se specifically performed by Surview Field Services. • Evaluations appropriate to the Surview Field Services activities have been assigned to covered tasks according to the unique requirements of the Surview. • Definitions have been modified to meet the Surview Field Services operating practices. • Re-evaluation intervals have been reviewed and defined by ASME and adopted by Surview Field Services. • Abnormal Operating Conditions (AOCs) have been reviewed with additions, deletions and modifications unique to the Surview Field Services requirements. Page 257 of 301 Surview Field Services, Inc. Operator Qualification Program P a g e | 6 7.0 COVERED TASKS Surview Field Services follows the requirements set forth by each Operator for determining covered tasks and the appropriate requalification intervals and the Span of Control for each task. 8.0 QUALIFICATION METHODS Surview Field Services will use various methods for qualifying employees performing covered tasks including written examination, oral examination, simulation, and observation during performance on the job. The qualification method will be determined by the task being qualified and is written into this plan. Qualification methods for each covered task are determined by the Operator, and are also saved as a part of any qualification record. Any individuals not qualified by the methods above will be observed and directed by a qualified person during performance of the task. 9.0 ABNORMAL OPERATING CONDITIONS Employees will be taught to identify/recognize and respond to certain conditions considered to be abnormal operating conditions. Examples of abnormal operating conditions include, but are not limited to: • Unintended valve closures or shutdowns • Abnormal pressure changes (high or low) • Loss of communications • Malfunction of a component • Deviation from normal operating conditions • Personnel error • Explosion • Leak • Fire • Natural disasters such as tornado, hurricane or flood Dependent upon their job responsibilities, employees are not required to make decisions concerning the abnormal operating condition, if unrelated to their expertise, but to notify the appropriate supervisor for course of action. 10.0 TRAINING REQUIREMENTS An Evaluator will be chosen based on the following factors: 1. Has the required knowledge, through training or experience, to ascertain the employee’s ability to perform the specific details of the covered task and to recognize and react to abnormal operation conditions that might occur while performing that covered task Page 258 of 301 Surview Field Services, Inc. Operator Qualification Program P a g e | 7 2. Communication skills 3. Personal integrity 4. Specific approval of the nomination by management Initial Training (New hires / Job Transfers) - Classroom instruction and/or computer- based training (CBT) with associated exams will be used to ascertain the knowledge elements required. New hires/job transfers will be observed and directed by qualified personnel until such time as they are qualified to perform the task. Requalification - OQ qualified individuals who perform covered tasks will be evaluated before or during the final year of the subsequent OQ qualification interval for that task. If the subsequent OQ qualification does not take place before the end of the qualification period, the individual will be deemed unqualified to perform that task. Re-Evaluation after a Failed OQ qualification -If an individual fails an evaluation on a covered task, their OQ qualification on that task is revoked. They must successfully complete the failed evaluation before their OQ qualification is re-instated. 11.0 REVIEW OF INDIVIDUALS If there is reason to believe that an employee in a covered position is no longer qualified, an area supervisor will review circumstances surrounding the employee's performance. Based upon the results of this review, the employee will either: • Receive remedial training • Be allowed to perform the same duties provided a qualified person is on the job site and working with the individual • Be reassigned to another task for which he/she is qualified • Any other action deemed appropriate. If an individual is or may have been involved in an incident or accident, an area supervisor will review circumstances surrounding the employee's performance. Based upon the results of this review, the employee will either: • Receive remedial training • Be allowed to perform the same duties provided a qualified person is on the job site and working with the individual • Be reassigned to another task for which he/she is qualified • Any other action deemed appropriate. Page 259 of 301 Surview Field Services, Inc. Operator Qualification Program P a g e | 8 12.0 COMMUNICATING CHANGES AFFECTING COVERED TASKS Changes may occur that impact how a covered task is performed and, as such, may need to be communicated to those individuals performing the affected tasks. Examples include but are not limited to: • Modifications to company policies or procedures; • Changes in state or federal regulations; • Utilization of new equipment and/or technology; • New information from equipment or product manufacturers. When significant changes occur, the appropriate supervisors will be notified of said changes on a monthly basis. Those changes will then be communicated to the affected individuals by their supervisors. Substantive changes may require additional qualification requirements and re-evaluation of individuals performing the affected covered task. The time a change is approved until the impact of the change is communicated to persons expected to perform covered tasks will not exceed 10 working day(s). Each change will be reviewed against all work performed on covered tasks. Adam Barnes, Director, will communicate changes to sub-contractor employees that perform affected covered tasks. The changes will be communicated to all individuals affected including sub- contractors. The method of communication will be expedient and accomplished via any of the following: morning briefing, policies and procedures, safety meetings, pre- job briefings, management directives, written or electronic notification. Records of changes will be maintained showing that all employees including sub- contractors assigned to affected tasks are informed of the changes. Records will be maintained showing the impact on the performance of the task. 13.0 MAINTAINING QUALIFICATIONS Surview Field Services will follow the recommendations of ASME and follow the requalification intervals outlined in the standard ASME B31Q task list in absence of a qualification plan for the applicable Operator. 14.0 SUB-CONTRACTOR EMPLOYEES All individuals including sub-contractors are required to be qualified in order to perform covered tasks on a pipeline. Any sub-contractor employed by Surview Field Services will be required to follow this plan when qualifying their employees. If necessary, Surview Field Services will provide a list of available (approved) training providers to the sub-contractors to choose from. Surview Field Services will review the sub-contractor’s records for compliance with the Operator Qualification rule and this Operator Qualification plan before any individual is allowed to work on a pipeline and at random intervals to ensure continued qualification. Page 260 of 301 Surview Field Services, Inc. Operator Qualification Program P a g e | 9 15.0 RECORD KEEPING Qualification records will be maintained by Adam Barnes, Director and will include: 1) The identity of each qualified individual such as employee name 2) Each covered task for which he/she is qualified 3) Date of current qualification 4) Evaluation method Qualification records will be maintained for a period of five (5) years for all individuals who perform covered tasks on any pipeline including company employees and sub- contractors for both OQ and AOCs. 16.0 INDEX OF CHANGES All changes to Operator Qualification plans and qualification procedures will be written and maintained so the impact of changes can be tracked and evaluated. This index will include the date of change, reason for the change and the dates of communication of the change to all individuals necessary. These changes will be kept in Appendix A: Index of Changes. Page 261 of 301 Surview Field Services, Inc. Operator Qualification Program P a g e | 10 Appendix A: Index of Changes Notification Date Date Change Reason for Change Internal Contractor Page 262 of 301 Page 263 of 301 Page 264 of 301 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Requestor: Taylor Wesson Department: Natural Gas Department Project Name: Natural Gas Department System Leak Survey Project Description: Leak Survey of critical and business districts plus additional 1/3 of system. Project Category: X Bid Professional Service Other: Budget Amount: $100,000 Budget Code: Budgeted for Current FY: X Yes No BID INFORMATION Bid Duration: Project Duration: Engineer of Record: Pre-Bid Meeting: No Yes Mandatory Non-Mandatory Scope of Work Provided By: Contract Extensions: No Yes Project Manager: Insurance Requirements: Minimum Maximum Bonds: Bid Performance Labor & Materials Related Bids/RF’s FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Senior Accountant: City Treasurer: Mayor: Page 265 of 301 Project Request Form - Leak Survey 2024 Final Audit Report 2024-05-03 Created:2024-05-03 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAQBxaSqG51Dk4Fl-rgKaGMA1-LzOf9aMO "Project Request Form - Leak Survey 2024" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-05-03 - 4:37:43 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-05-03 - 4:37:46 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-05-03 - 5:20:33 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-05-03 - 5:20:55 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-05-03 - 5:20:56 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2024-05-03 - 5:21:33 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-05-03 - 5:28:07 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-05-03 - 5:28:09 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-05-03 - 6:22:24 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-05-03 - 6:23:06 PM GMT - Time Source: server Agreement completed. 2024-05-03 - 6:23:06 PM GMT Page 266 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-552 FROM: George Ladd , PUBLIC WORKS DIRECTOR Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Public Works, George Ladd, and the Director of Parks and Recreation, Pat White, are requesting to procure installation services for the National Fitness Campaign Fitness Court® System. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve this sole source procurement of installation services for the National Fitness Campaign Fitness Court® System for the not-to-exceed cost of $25,000.00. BACKGROUND INFORMATION: The City approved the procurement of the National Fitness Campaign Fitness Court® System (Circuit Training System)on September 11, 2023. The agreement with the National Fitness Campaign LP (NFC) is to use their pre-qualified installer for the Fitness Court® System. Nationwide Fixture Installations is their sole source installer for the Fitness Court® System. The quote from Nationwide Fitness Installations includes the following: • Installation of the following: Body Weight Training Wall, Anchor Bolts, Sports Tile Flooring, ADA Tile Border (where applicable), All Equipment Elements, Floor Markings, Wall Graphics Installation • Signed Certificate of Completed Installation • Close Out Documents filed with NFC for Warranty purposes The quote total from Nationwide Fitness Installations is Twenty-Five Thousand Dollars ($25,000.00). The installation is exempt from formal bidding per Code of Alabama 1975, Section 41 - 16-57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of an indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." Page 267 of 301 Previous Council Action: Resolution No. 4840-23 Adopted September 11, 2023, approved procurement of equipment in the amount of $155,000.00. Resolution also states that the City will receive contributions toward the project from: 1. Fairhope Single Tax ($40,000.00) 2. Fairhope Rotary Club ($40,000.00) 3. Blue Cross Blue Shield Grant ($40,000.00) BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50475 (Line 240) Recreation - Capital Imprv $25,000.00 $25,000.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 268 of 301 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 installation of the National Fitness Campaign Fitness Court® System by Nationwide Fixture Installations as a sole source installer. The installation cost is not-to-exceed $25,000.00. ADOPTED ON THIS 22ND DAY OF JULY, 2024 ___________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 269 of 301 Page | 1 NFI - Confidential Installation Proposal for Site Partner Project City of Fairhope, AL City of Fairhope, AL May 30th, 2024 600 Morphy Avenue Fairhope, AL 36532 Proposal #: 240066 Thank you for allowing Nationwide Fixture Installations (NFI) the opportunity to provide a proposal for the installation of Fitness Court© provided by the National Fitness Campaign. Please review the details of this proposal to ensure we have accurately described the scope of work (SOW), and that we have met all your expectations. Scope of Work: Installation of Fitness Court© provided by the National Fitness Campaign in accordance with the National Fitness Campaign Installation Instructions and associated manufacturer’s guidelines. This proposal represents the full scope of work. Installation Documentation & Guidelines: • NFC provided Concrete Slab Drawings • The Fitness Court® Tile overview • The Fitness Court® Specifications • The Fitness Court® Installation Kit overview • The Fitness Court® Installation and Maintenance Manual • The Fitness Court® Vinyl Artwork Alignment Guide Anticipated Schedule: 1. Anticipated Project Start Date: July 29th, 2024 2. Project End Date: August 2nd, 2024 Installation of the Fitness Court® will not be scheduled for installation any sooner than 28 days after concrete is poured unless approved Spray-Lock product is used allowing installation to occur as soon as 14 days after concrete is poured / application of the Spray-Lock treatment. Installation of the Fitness Court® will only be scheduled if the conditions of the concrete and atmospheric conditions meet product manufacturers’ requirements during use of product(s) including the 24-hour period following Page 270 of 301 Page | 2 NFI - Confidential use of product(s). Schedule will be coordinated with Customer 14 days or more prior to installation. Schedule may also be affected by requirements for curing if using PIP flooring. Assumptions: 1. All work to be completed with Non-Union Labor. 2. Proposal is based on one single mobilization and a continuous work schedule with no downtime. 3. NFI will be responsible for completing punch list items related to our original SOW based on materials available during our mobilization. NFI will NOT be responsible for new SOW items, punch list items added after our demobilization, item(s) requiring materials not available or part of our SOW, or finish touch-ups or repairs due to manufacturing defects or damage caused by other trades. 4. In the event we must return for reasons outside the control of NFI, additional charges may apply. 5. This proposal is based on NFI providing a standard required COI. It does not reflect OCIP or CCIP job requirements, unless disclosed by Customer and stated otherwise in our Inclusions. 6. NFI reserves the right to review, and revise said proposal upon receipt of an updated Scope of work. Inclusions: Installation of the following items: • Body Weight Training Wall • Anchor Bolts • Sports Tile Flooring • ADA Tile Border (Where applicable) • All Equipment Elements • Floor Markings • Wall Graphics Installation according to 3M product requirements and the NFC Graphics Installation Guide. • Signed Certificate of Completed Installation • Close -Out Documents filed with NFC for Fitness Court© Warranty • Owner Site Walk Thru upon completion • Completion of Fitness Court Installation in 4 Days or less (Weather permitting) • Completion of Graphics installation within 1 week of completion of Fitness Court Installation • Travel & Logistics • Installation Project Management & Scheduling • Pre- Installation Kickoff Meeting • Insurance Certificate Exclusions: 1. Repairs required due to damage caused by shipping, mishandling by others, or onsite damage by others. 2. Call backs due to site issues outside the control of NFI. 3. Punch list item(s) not related to original SOW, item(s) added after our demobilization, item(s) where necessary materials are not available, touch-up or repairs to SOW due to manufacturing defects or damages by other trades. 4. Any required permits required for construction (unless specifically noted in Inclusions). 5. Any taxes or other fees (unless specifically noted in Inclusions). Page 271 of 301 Page | 3 NFI - Confidential Provided by Customer: • Procurement / supply of The Fitness Court®, Fitness Court® Tile, and Fitness Court® Install Kit. • Site Prep • Concrete slab built & cured, according to provided slab drawing specifications • Construction fencing which will remain in place until all graphics are installed. • Traffic and Pedestrian Control • Restroom Facilities • Storage of Fitness Court© • Safe environmentally controlled storage of graphics until time of installation • Charging capabilities for cordless tools • Exact location and orientation of the Fitness Court® relative to the concrete footing. • Parking adjacent to installation site for one vehicle • Construction Lighting (as required) • Pour in Place (PIP) Flooring (If chosen) Concrete Slab Installation Requirements: Slab must be installed per NFC Installation Manual Including dimensions, slope, and surface preparations. Surfaces of concrete must be clean, dry, and flat, free of voids, projections, loose materials, oil, grease, sealers, and all other surface contaminants. Slab to be swept and cleaned prior to the arrival of the installation crew. “Concrete substrate should NOT be smooth and reflective; it must have a concrete surface profile of CSP 1-3 (similar to a light broomed finish). Alkaline surfaces need to be coated with primer prior to installation of tiles. Application of Spray- Lock treatment must be done in accordance with manufacturer’s recommendations. Provided by Customer as coordinated with installation team: • Site Security • Delivery and staging of Fitness Court© to site prior to arrival of installation crews • Debris and trash removal & recycling Qualifications: 1. All work to be completed with Non-Union labor. 2. If job schedule changes or deviates from schedule noted above, NFI reserves the right to adjust our pricing accordingly. 3. To avoid expediting fees NFI must receive a written approval of this proposal twenty-one (21) days prior to the start of the installation. 4. Missing or damaged inventory items will be ordered as soon as they are identified. Customer will be contacted and is expected to deliver priority overnight or as necessary in order that there are no delays in meeting critical completion dates. Any missing materials that arrive after our completion date may require a return trip that will be billed at Time & Material (T&M) including all labor, remobilization costs, and any materials required for installation of missing materials. 5. Proposal is based on the site being “Installation Ready” prior to the arrival of the installation crew. Permanent or adequate power required for operating all power tools and equipment must be operating and available to our installation crew. Execution of this Agreement: • Signed Proposal, Customer issued Purchase Order, or other acceptable agreement by all parties. • 50% Down Payment required prior to deployment of installation team • Final payment invoice will be processed following installation and customer sign off on both the Fitness Court installation and the Graphics installation. Page 272 of 301 Page | 4 NFI - Confidential Price: Installation of Fitness Court: $25,000.00 Total: $25,000.00 Expiration Date – Unless the Customer accepts this Proposal in writing within thirty (30) days of the date listed above, this Proposal will expire. Pre-lien Notice - Please be advised that the state in which the Project is located may require subcontractors to issue pre-lien notifications and/or filings. NFI reserves the option to complete all statutorily required notifications and filings to preserve its right to lien the Project in the future, if necessary. COVID-19 - The impact on travel, manpower, job site access, job location, and other unforeseen issues is ongoing and will continue to evolve. As a result, NFI reserves the right to modify the contract terms contained herein to ensure our ability to provide the services on the day / time requested and seek additional time and compensation if it or the Project are disrupted due to circumstances beyond NFI’s control. Payment Terms: NFI will submit invoice upon completion of Fitness Court installation. Payment terms are net 10 Days from date of invoice. A signature below and a hard copy purchase order is required a minimum of 21 days in advance of the scheduled installation date. Changes made less than 14 days of the agreed upon installation date may require this proposal to be modified. NFI terms and conditions will apply unless specifically countermanded in writing prior to the project start. Thank you again for the opportunity to provide you with an install proposal for this project. Be assured that everyone on our team will do our part to exceed your expectations. If accepted, please provide your signature below: Approval Signature: ________________________________ __________________ Authorized Name Date _______________________________ __________________ Authorized Signature Position/Title Sincerely, Michael Haddon Page 273 of 301 Page | 5 NFI - Confidential Terms and Conditions 1. Proposal is for previously described scope of work only; price does not include any manufacturing or fabricating of any components. Our proposal includes all travel expenses and per diems, tools, and miscellaneous supplies to complete the work. Proposal does not include for any specialty hardware, fasteners, or material handling equipment unless specifically indicated within this proposal. 2. All work to be completed with Non-Union labor. If at any time union labor is required, current pricing will no longer be valid. Proposal will need to be repriced with applicable union labor rates. 3. The proposal price and time are based on the representation and warranty, hereby made by Customer to NFI, that all products shall be delivered in accordance with the delivery schedules set forth in this proposal, that deliveries will be complete, and organized in a logical sequential order; that all fixtures are reasonably capable of being installed with little or no adjustment, reworking or refinishing; that the project space is in a condition of construction that is capable of installing fixtures free from interference by the work of the owner, general contractor and/or other trades if applicable. 4. Proposal is based on the site having adequate lighting and electrical service. 5. Price is based on unloading material as adjacent to jobsite as is possible, with clear access from the unload point into the space. 6. Should unloading of materials and goods be required off premise, additional work required will be executed on a Time and Material basis for all applicable labor, facilities, equipment, and additional transportation and shipping charges. 7. Proposal includes for removal of trade related debris to a dumpster provided by others. 8. Pricing is based on one crew mobilization, unless otherwise specifically noted within this proposal. 9. Customer will process Change Order requests within a timely manner such that NFI’s operations at each project site are not impacted. In the event that Customer directs NFI to proceed with installation of fixtures or other work that: 1) is outside the scope of this proposal; 2) was the subject of late, disorganized, defective or partial deliveries; 3) occurs before the space is ready for fixture installation; 4) occurs while other trades are working in the space; 5) is impacted by means that are outside of NFI’s reasonable control, then NFI shall be entitled to an equitable adjustment of the Proposal Amount and/or Proposal Time for the impacted project or projects. 10. Back charges will not be accepted without prior written approval from NFI Project Manager. 11. Mutual Consequential Damages Waiver. Notwithstanding any other provisions in this proposal to the contrary, Customer and NFI mutually waive all claims for consequential, incidental, and exemplary damages that each may have against the other. 12. Notwithstanding any other provisions in this proposal to the contrary, NFI shall bear no responsibility for the condition of fixtures and materials provided by others, or for blocking, electrical, flooring, mechanical, plumbing and/or any sub-trade work installed by others. 13. Mutual Subrogation Waiver. Customer and NFI mutually waive all claims for damage to any property to the extent that such property is covered by builder’s risk or other first-party property insurance maintained by anyone. 14. Dispute Resolution. The first step in the resolution of any dispute between NFI and Customer will be a meeting to discuss and attempt to resolve the dispute. If both parties agree, the dispute may be submitted to mediation with any service offering mediation services acceptable to both NFI and Customer. 15. Any claim arising out of or relating to this proposal, which is not resolved by a meeting, as required in the preceding paragraph, shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the agreement. A demand for arbitration shall be made in writing, delivered to the other party to this agreement, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded. 16. Either party, at its sole discretion, may consolidate an arbitration conducted under this proposal with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). 17. Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a claim not described in the written consent. 18. This agreement to arbitrate and any other written agreement to arbitrate with an additional person or persons referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Page 274 of 301 Page | 6 NFI - Confidential 53639346.v2-OGLETREE 19. Fire, explosion, theft, lightning, windstorm, earthquake, flood, hurricane, tornado, storm, labor disputes not caused by the Contractor, area-wide labor disputes impacting the Work, riot, civil commotion, act of war, act of foreign or domestic terrorism, malicious mischief, epidemic, pandemic (including but not limited to the COVID-19 coronavirus pandemic), act of God, or any other event not listed above that is both reasonably unforeseeable and beyond the Parties’ reasonable control shall be a “Force Majeure Event.” A Party to this Agreement shall not be held responsible for or liable to the other for any unavoidable loss, damage, or delay to the extent that such loss damage or delay is caused by a Force Majeure Event. Should a Force Majeure Event occur, the Parties shall promptly notify one another of the event. The Parties shall use all commercially reasonable efforts to overcome and mitigate all resulting losses, damages, or delays and to resume as soon as practical the normal pursuit and schedule of the Work. Should a Force Majeure Event result in increased labor or material costs or unavailability of same, or other loss, damage or delay to the Project, the Project schedule and price shall be equitably adjusted to reflect the actual time and cost impact caused by the Force Majeure Event. Page 275 of 301 National Fitness Campaign LP IPO \ox2367, San Francisco CA 94126linstallation@nfchq.com January 1,2023 To Whom it May Concern, National Fitness Campaign LP (NFC) is the official supplier of The Fitness Courto and National Campaign Program. The Fitness Court@ is trademarked and owned by National Fitness Campaign LP. ln order to fully install The Fitness Court@ in compliance with the official Fitness Court Warranty, proper requirements include: t 1. Choosing a safe and suitable installation location. 2. lnstallation of a concrete slab per the minimum specifications provided by NFC 3. lnstallation of compatible fitness flooring (materials provided by NFC) 4. Assembly and installation of The Fitness Court@ equipment (materials provided by NFC) 5. Application of all required signage and vinyl decals (materials provided by NFC) 6. Fullwrap art/decalinstallation on front, back, and sides of wall (materials provided by NFC) 7. Floor marking painting (materials provided by NFC) The National Fitness Campaign LP provides a Nationwide Network of Approved lnstallers for the Fitness Court@. The NFC Approved lnstaller offers services to complete requirements (3)through (7) listed aborre: installation of compatible fitness flooring and The Fitness Court@ equipment, application of required signage as wellas fullwrap art/decal installation on front, back and sides of the wall, and floor marking painting. The NFC Approved lnstallers are provided with formal training by NFC to provide the highest quality, most efficient installation possible. They understand the complexities of the assembly process, the environmental requirements associated with the installation of the fitness flooring, and the tips and tricks that make for a high quality installation. You can be assured that the installation will be in accordance with all productspecifications and the NFC lnstallation requirements. They are also provided direct access to additional resources during the installation should any issues arise. This is unique vs any other installers you might contract. Though other contractors or agencies may provide the installation services described, no other vendor is the officially recommended Approved lnstaller of NFC. lf you have further questions regarding this recommendation letter, please contact us per the information provided on this letterhead. Sincerely, -dL,il- Mitch Menaged, Founder and Director National Fitness Campaign LP Page 276 of 301 CITY OF FAIRIIOPE P U RCHA.SNTG D E PART M E IY T PURCHA^SING RE Q(/E S T F ORM Name: Department: George Ladd Date: 71912024 Public Works Expenditure Threshold**Distinctions Quotes Required Approval Green Sheet Resolution Under S5,000 No restrictions Not Required N/A N/A N/A Utilities s5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor NIA NIA Greater than: Gen Govt - 55,001 utilities - s10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - S5,oo1-S30,000 Utilities - S10,001 - S30,000 Operational Budgeted Three Treasu rer NIA NIA Over S30,000 Operational Budget*State Bid List or Buving Group Treasu rer/Mayor NIA NIA Over S30,000/5100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Cou ncil Required Required *Budgeted items thdt meet or ore under budget moy be purchosed with the Moyor ond/or Treosurer's approval if they are on the Stote Bid list or from an opproved buying group, ltems that are over budget must go to Council for opprovol ond will require o green sheet ond resolution. **Expenditure Threshotd is a combined totol of lobor and materials, including moteridls provided by the City. I the total omount is within $70,000 of the listed threshold, Purchosing/Tredsurer moy require a formalbid due to potential moteriols cost increases. QUOTES Vendor Name Nationwide Fixture lnstallations Vendor Quote 25,000.00L. 2. 3. Clie k or tap here t0 es'Iter text. s s $Click or tap here t0 emter text. Check any applicable boxes: I State Contract fl ALDOT E Purchasing Group X Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Labor & lnstallation for the fit court & equipment 2. What is the total cost of the item or service? 525,000.00 3. How many do you need? 525,000.00 4. ltem or Service ls: X New E Used I Replacement n Annual Request 5. Vendor Name (Lowest Quote): Nationwide Fixture lnstallations 6. Vendor Number: eiiek or tep ilti= i: ::ri:.:e:..:. tf you do not hove o Vendor Number, pleose go to the City of Fairhope poge: , Deportments, Purchosing, Vendor Registrotion, ond complete the required informotion. BUDGET INFORMATION t. ls it budgeted? X Yes tr No E Emergency Request 2. lf budgeted, what is the budgeted amount? S202,000.00 3. Budget code: 001250-50475 Email completed lorm with quotes ond other supporting documentation to E ri n.Wolfe @ Fai rh opeAL, aov o n d Rh o nda,Cun n i n q h a m @ Fa i rhopeAL. aov. PUR-004 - 082522 Page 277 of 301 RESOLUTION NO. 4840-23 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 Fitness Cou rt® System (C ircuit Training System), to be installed on the west end of Mike Ford Tennis Center or other locations as decided by the City Council, from National Fitness Campaign LP as Sole Source Supplier for a not-to-exceed amount of $155,000.00. [2] The City will receive contributions towards the project from: • Fairhope Single Tax ($40,000.00) • Fairhope Rotary Club ($40,000.00) • Blue Cross Blue Shield Grant (40,000.00) (3) Additional costs necessary will be funded by the City and will be no greater than $100,000.00. This project is included in the Draft FY24 Budget for the Recreation Department 's Capita l Improvements. [4] Procurement is exempt from formal bid pursuant to Competitive Bid Law, Code of Alabama 1975, Section 41-16-51(7). ADOPTED ON THIS 11 TH DAY OF SEPTEMBER, 2023 Attest: k/4~ City Clerk Page 278 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-561 FROM: Pat White, PARKS & RECREATION DIRECTOR Jack Burrell, Council Member SUBJECT: Approves and amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum A - Boat Lift Installation at Fairhope Docks. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approves and amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum A - Boat Lift Installation at Fairhope Docks. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 279 of 301 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum A - Boat Lift Installation at Fairhope Docks. ADOPTED ON THIS 22ND DAY OF JULY, 2024 _________________________________ Corey Martin, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Page 280 of 301 Updated 09-12-2022 FAIRHOPE DOCKS RULES AND REGULATIONS In an effort to provide an inviting atmosphere for Owners docking at Fairhope Docks, the following rules and regulations are provided for your protection and constitute a part of and are deemed incorporated into the License and Lease Agreement for Dockage Space. Your compliance with the following rules and regulations will be appreciated. 1. When a boat enters the marina, the Owner, crew and guests must comply with the all the rules and regulations set out herein, and as amended by the Marina, from time to time. 2. Only boats in good condition, and under their own power, shall be admitted to berthing areas. In the event of an emergency during Owner’s absence, e.g., breakdown of the bilge pump, leak, bad lines, etc., the Marina is authorized to make necessary repairs as economically as possible which will be charged to the Owner. Owner acknowledges and agrees that Marina is not obligated to make such emergency repairs. 3. No part of a boat moored in a marina slip may extend over any part of the marina’s docks. Boats moored bow first must be secured in such a way as to prevent bow pulpit from protruding or hanging over walkways. 4. All pets must be registered with the marina office. All pets must be on a leash and controlled when moving through the common areas of the property and docks. All pets must be taken off the property for exercise and relief. Owners are expected to immediately clean up an accidental mess on the docks and property created by their pets. At the sole discretion of Management, any pet deemed to be a nuisance will be banned from the marina. 5. Boats leaving for an extended cruise will so notify the Marina Manager’s office. The Marina reserves the right to rent all docks when vacant; however, transients will move for seasonal contracts or advance reservations. 6. The Rules of the Road and the Navigation Laws of the United States apply to all vessels entering or leaving the Marina. 7. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or other receptacles supplied for that purpose. Owner shall notify Marina of anything that will not fit in these cans and Marina shall dispose of same. No person shall discharge oil, fuel, spirits, flammable substances or oily bilges into or near the Marina. Charcoal or gas fires will not be permitted on the docks. 8. Noise shall be kept to a minimum at all times. Patrons shall use discretion in operating engines, generators, radios, stereo equipment and television sets, so as not to create a nuisance or disturbance. The use of mechanical tools (buffers, sander, etc.) outside the boat is prohibited. All boats must have underwater exhaust in operation. 9. The Marina shall retain no fewer than ten (10) slips for commercial fishing vessels; however, if there are not ten (10) slips in use, the empty slips may be used as deemed in the best interests of the Marina including but not limited to leasing to transients. Page 281 of 301 Updated 09-12-2022 a. DEFINITION OF A COMMERCIAL FISHING VESSEL: i. A commercial fishing vessel is defined as a vessel designed for the sole purpose of harvesting fish, shrimp or crabs. Recreational fishing vessels do not meet this definition. ii. There is a one (1) year minimum license and lease required. iii. Slip license/lease rates shall be reviewed annually and set from year to year. iv. Owner must possess a commercial fishing license AND a City of Fairhope Business License – no exceptions – to be eligible for commercial fisherman status. v. A copy of both the commercial fishing license and the City of Fairhope Business License shall be kept in the Marina Office and be updated annually. vi. No refunds will be given except as described below. b. The license and lease term for a commercial fishing vessel shall be for one year commencing on August 15th, payable in one lump sum in advance. License and lease for the remainder of the year is likewise payable in full and in advance on a prorated basis. i. If slip is vacated, the City will, upon receipt of license and lease payment from new lessee, reimburse lessee unused slip payment on a prorated basis, less 10%. ii. If the annual payment is not paid within 30 days of its due date, lessee shall be in default and interest at the rate of 3% per month compounded shall be charged until the account is made current. iii. All costs of collection, including attorney’s fees, shall be paid by lessee. c. If lessee breaches any provision of the LICENSE AND LEASE AGREEMENT FOR DOCKAGE SPACE, the slip LICENSE AND LEASE AGREEMENT FOR COMMERCIAL FISHING VESSELS shall be deemed null and void and owner shall remove the vessel within 20 days of the City’s written notice to do so. As a result of such breach, lessee shall forfeit to the City all prepaid leased fees for the remainder of the licensed year. Additionally, lessee shall be liable to pay all legal costs incurred, including attorney’s fees, shall be paid by the lessee. d. Refer to the LICENSE AND LEASE AGREEMENT FOR COMMERCIAL FISHING VESSELS for all other details relative to leasing a slip at the Fairhope Docks. 10. A fully licensed commercial fisherman may engage in retail sales from his boat. No signs are permitted. The commercial fisherman shall not have access to the land around his boat for use in retail sales; tables and/or displays are not permitted. He must collect and remit sales tax and be in compliance with local, county and state laws governing the industry. 11. Advertising or soliciting shall not be permitted on any boat within the Marina. The boat, Fairhope Docks, its name, address or phone number shall not be used for business purposes by Owners. Commercial fishing and/or commercial vessels in the commercial area with written authority from management are excepted. 12. Swimming, diving or fishing shall not be permitted in the Marina. 13. Owners shall not store supplies, materials, accessories or debris on walkway, docks or finger piers and shall not construct or place thereon any lockers, chests, cabinets, or similar structures, except with written approval from Marina. Painting, scraping or repairing of gear of the boat shall not be permitted on the walkways, docks or finger piers. The extent of repairs and maintenance which shall be permitted shall be at the sole discretion of the Marina. Owner’s boat must be maintained in a clean and tidy manner. Storage of supplies or personal items shall not be permitted on the decks. Page 282 of 301 Updated 09-12-2022 14. Subleasing of slips, transfer of boats between slips, or from one slip to another slip, shall not be allowed, except upon prior written approval of Marina. Owner agrees that in case of an emergency, Marina may move the boat from the particular space rented to any other mooring place, or if the boat is not moved in accordance with the prior notice from the Marina. Owner acknowledges slip assignment is temporary and may be reassigned by Marina for any reason Marina deems valid and reasonable. 15. Laundry shall not be hung on boats, walkways, docks, or finger piers in the Marina, nor shall “for sale” or “for hire” signs be put on boats. 16. Owners checking out of the marina shall report to the Marina Manager’s office and settle their account prior to leaving. It is suggested that all owners leave a forwarding address in order to permit prompt handling in the event telephone calls or mail is received for them. However, in any event, Marina assumes no responsibility whatsoever for forwarding mail or messages. All personal property must be removed from docks when dockage is terminated; Marina assumes no responsibility for any personal property that may be remaining. 17. Marina reserves the right to limit and govern parking spaces in the Marina area. 18. Motorcycles, bicycles, skateboards and rollerblades will not be allowed to be ridden on any docks or piers and must be stored on the boat or in the parking lot. Dinghies must be berthed within the slip assigned to the boat and in such a manner as not to interfere with the adjoining slip. 19. All lines, rigging and halyards will be secured by the vessel’s Owner in order to eliminate noise. Slotted masts must have noise protection devises. 20. The owner agrees not to permit any residence aboard his vessel while at the Marina. If the Owner’s vessel contains a sanitation device aboard, it must comply with the most advanced state of the art requirements of the Coast Guard governing installation and the use of such devise. The sanitation device must be properly functioning at all times while the vessel is at its berth. No discharge of sanitation effluent or dumping of trash overboard shall be allowed at the marina. 21. Vessels and outside workers must present certificate of liability insurance; limits to be set by Fairhope Docks. Proof of insurance must be shown by slip lease holders. Provide copies annually with the City of Fairhope listed as additional insured on policy. 22. Employees of Fairhope Docks may not be hired to perform work on any vessels at the Marina nor may they be hired to perform any other sort of personal task for or on behalf of any patron or guest at the Marina. 23. Unauthorized use of Marina supplied fresh water is prohibited. 24. Boat owners are not permitted to fill their boats with fuel from personal containers in the marina. 25. Violation of any of the above rules and regulations, as amended from time to time, damage to property or harm the reputation of the Marina shall be cause for immediate removal from the Marina of the boat in question. Page 283 of 301 Updated 09-12-2022 26. Owners who are leasing “wet slips” are responsible for evacuating their vessel from the marina upon the issuance of a HURRICANE WATCH for Coastal Alabama or vicinity by the U.S. Nation Weather Service, National Hurricane Center and comply with the other terms contained herein. 27. It is the responsibility of the Owner to make sure that drain plugs are inserted and removed at the time of hauling or launching. The vessel Owner or one of his representatives needs to be present in order for a boat to be launched. 28. It is the responsibility of the Owner to MAKE SURE THAT TRIM TABS AND BOARDING LADDERS ARE IN THE UP POSITION AND, IF NECESSARY, TOPS, OUTRIGGERS AND ANTENNAS IN THE DOWN POSITION. 29. Fairhope Docks will adhere to the conditions for abandoned and derelict vessels as outlined in the “Code of Alabama 1975 Section 33-5A-1 et seq. A copy of this ordinance may be obtained in the Marina Manager’s office. 30. Effective immediately liveaboards are no longer permitted at Fairhope Docks. Existing liveaboards will be given a 60 day notice to move from the marina. 31. Fairhope Docks does not supply boat lifts in slips. Please request Addendum A to the LICENSE AND LEASE AGREEMENT for details on slip lifts. 32. Long-term slip lease holders are allowed to park one vehicle at the Fairhope Docks Marina parking lot. There are no assigned parking spaces. There shall be no overnight parking of any commercial vehicle, boat, utility or enclosed trailer permitted on Fairhope Docks Marina property. There shall be no overnight parking or long-term parking permitted except for long-term slip holders and their guests on an extended trip. The Marina Manager shall be advised of said trip in accordance with the provisions of #5 in the Rules and Regulations. The Marina Manager, with permission of the Mayor, reserves the right to change this policy as the marina is renovated, redesigned and/or available parking spaces change. 33. Transient boaters shall be permitted to remain on their vessels, but no longer than thirty (30) days. 34. This agreement may be terminated by the Marina upon the following conditions: a. By breach or forfeiture of Owner of any of the covenants or provision of the Agreement or by violation of any marine rule or regulation, as provided in the attachment to the Agreement. b. By written notice of termination by Marina, delivered to the Owner at either address specified in license agreement or to the vessel at least three (3) days prior to the effective date of termination. c. By written notice to the Marina Manager of termination by the Owner, accompanied by tender of unpaid fees or charges if any, on the remaining unused term of the Agreement. d. By a bona fide sale of the Vessel described in the Agreement. e. By dockage or mooring facility becoming unserviceable in the Marina’s sole discretion for any reason whatsoever. f. By date of termination herein specific in License Agreement. This Agreement shall automatically terminate as a matter agreed to, within the terms of this Agreement, and without requirement of further notice. Page 284 of 301 Updated 09-12-2022 OWNER ACKNOWLEDGES HAVING READ AND UNDERSTANDS ALL OF THE RULES AND REGULATIONS OF THIS AGREEMENT AND AGREES TO ABIDE THEREBY. Owner’s Name (Printed):___________________________________________________________________________ Signature: ___________________________________________________________________________________ Date: ____________________________________________________________________________________ Page 285 of 301 Addendum A - Boat Lift Installation at Fairhope Docks Marina Slip Lessee Name [Slip Lessee Name] Slip Number [Slip Number]. Fairhope Docks Marina retains the authority to decline the installation of a boat lift system for any reason. All aspects of the boat lift installation plan, including but not limited to structural design, anchoring methods, electrical specifications, and environmental considerations, must be reviewed, and approved by the City Engineer prior to commencement of any installation activities. This approval ensures that the proposed installation meets all applicable building codes, safety standards, and regulatory requirements set forth by the city. The City Engineer's review will encompass an assessment of the proposed installation's structural integrity, adherence to environmental regulations, and compliance with electrical codes where applicable. It is imperative that the installation plan provides detailed documentation, including engineering drawings, specifications, and any necessary permits or certifications required by local authorities. Responsibility for Purchase, Installation, and Maintenance: The Lessee shall be solely responsible for the purchase, installation, and ongoing maintenance of a boat lift system suitable for the slip at Fairhope Docks Marina until the dissolution of their lease agreement. Specifications and Approval: Prior to the purchase and installation of the boat lift, the Lessee shall submit detailed specifications and plans to the Marina for approval. The boat lift must meet all safety, aesthetic, and operational standards set forth by the Marina. The boat lift installers must meet all installation standards set forth by the marina. All boat lift maintenance companies must meet the standards set forth by the marina. Compliance and Permits: The Lessee shall obtain any necessary permits and ensure that the installation of the boat lift complies with all relevant laws, regulations, and guidelines. The Lessee shall be solely responsible for any fines or penalties incurred due to non-compliance. Installation Timeline: The Lessee shall ensure that the installation of the boat lift is completed within two weeks (14 Days) from the installation start date. Any delays must be promptly communicated to the Marina with valid reasons provided. Ownership Transfer: Upon completion of the installation and successful inspection by the Marina, the boat lift system and any additional installed structures shall become the property of the City of Fairhope. The Lessee shall relinquish all ownership rights to the boat lift and any associated components. Insurance and Liability: The Lessee shall maintain appropriate insurance coverage for the boat lift system, naming the Marina as an additional insured party. The Lessee shall indemnify and hold the Marina harmless from any claims, damages, or liabilities arising from the installation, use, or maintenance of the boat lift. Page 286 of 301 Safety Standards 1. Structural Integrity: a. The boat lift structure should be designed and constructed to withstand anticipated loads and environmental conditions, including wind, waves, and water currents. b. Use high-quality materials that resist corrosion and deterioration in marine environments. 2. Safety Features a. Incorporate safety features such as emergency stop buttons, limit switches to prevent overloading, and proper shielding of moving parts to prevent accidents. b. Ensure that all electrical components meet marine-grade standards and include ground fault circuit interrupters (GFCIs) to protect against electrical hazards. c. All electrical installations must use a removable 30 amp or 50 amp connection to the existing power pedestal so that when the connection is removed the powerline is not energized. 3. Clear Markings and Signs: a. Provide clear markings indicating load capacities, operational instructions, and potential hazards. b. Install warning signs where necessary to alert users to risks associated with the boat lift operation. Aesthetic Standards 1. Appearance and Finish: a. Materials and finishes must be used that enhance the aesthetic appeal of the boat lift and blend harmoniously with the marina environment. Cradle lifts are the only approved lift type. Boat lift slings are not allowed b. Colors and textures that complement surrounding structures and boats must be taken into consideration. 2. Minimal Visual Impact: a. Design must minimizes visual obtrusiveness, particularly for larger lifts, to preserve the scenic beauty of the marina Consider colors and textures that complement surrounding structures and boats. b. The boat lift must integrate seamlessly into the overall marina landscape without dominating the view. Page 287 of 301 Operational Standards 1. Smooth and Reliable Operation: a. The boat lift must operate smoothly and quietly to minimize disruption to marina users and neighboring properties. b. The boat lifts mechanical components must be tested and calibrated regularly to maintain optimal performance. c. Adjustable features to adapt to fluctuating water levels must be included. The boat lift must maintain a minimum height of four (4) feet above mean tide and not exceeding five (5) feet. Compliance and Documentation 1. Regulatory Compliance: a. The lessee must adhere to local building codes, environmental regulations, and safety standards applicable to boat lift installations. b. The lessee must obtain necessary permits and approvals before commencing installation or modifications. 2. Documentation and Maintenance Records: a. The lessee must Maintain detailed documentation including installation manuals, maintenance schedules, and records of inspections and repairs. Copies of these documents and records must be kept on file in the marina office. In addition to the installation guidelines provided, it is mandatory that all boat lift installers and maintenance companies operating within the marina environment be licensed and insured Licensing Requirements 1. Licensing Authority: Installers and maintenance companies must hold valid licenses issued by relevant local or state authorities. These licenses demonstrate that the installer has met specific qualifications, including knowledge of marine construction, electrical installations, and adherence to safety standards. Licenses must remain valid throughout the duration of the contract or project. Insurance Requirements 1. General Liability Insurance: Installers and maintenance companies must carry adequate general liability insurance. This insurance protects against claims for bodily injury and property damage that may occur during installation, maintenance, or operation of boat lifts. Insurance policies must remain valid throughout the duration of the contract or project 2. Marine Insurance: For companies involved in marine construction or operations, including underwater installations or repairs, marine insurance may be required. This insurance must cover risks specific to maritime activities, such as damage to marine structures or vessels during installation. Page 288 of 301 By signing below, the parties acknowledge their agreement to the terms and conditions outlined in this addendum. Agreed and Accepted: _________________________________ _________________________________ Signature of Lessee Signature of Marina Representative _________________________________ _________________________________ Printed Name of Lessee Printed Name of Marina Representative _________________________________ _________________________________ Date Date Page 289 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-555 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of Community Affairs, Paige Crawford, is requesting approval to procure LED Christmas Lights for the Lighting of the Trees 2024. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve the procurement of LED Christmas Lights for a not -to-exceed cost of $114,600.00. BACKGROUND INFORMATION: The Director of Community Affairs, Paige Crawford, is requesting the procurement of LED Christmas Lights for the Lighting of the Trees 2024. The total cost from Imperial Dade is One Hundred Fourteen Thousand Six Hundred Dollars ($114,600.00). This will be purchased through the Omnia Partners Cooperative Contract (Contract #202329-011) with Imperial Dade (in network with Network Distribution) and therefore does not have to be let out to bid. In previous years, we would have leftover lights that could be used for the next season. For the 2024 lighting of the Trees, we need to order all new lights at a cost of $114,600.00. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001240- 50490 Community Events $70,000.00 $114,600.00 ($44,600.00) GRANT: N/A Page 290 of 301 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 LED Christmas Lights that are on the Omnia Partners Cooperative Contract (Contract #202329-011) with Imperial Dade (in network with Network Distribution); and therefore, does not have to be let out to bid. The total purchase amount of $114,600.00. ADOPTED ON THIS 22ND DAY OF JULY, 2024 ___________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 291 of 301 Date: 07/12/2024 SKU Item Pack Size UOM Price 999999 LED WARM TREE LIGHTS 100 10,000 $114,600.00 Comments: Lot of 10,000 strings (100 lights) of decorative tree lights -LED $11.46 per • 3,456 boxes available for immediate pick up @ Loxley distribution center. • 6,544 boxes ETA September. OMNIA/FAIRHOPE PUBLIC WORKS Customer Number: 798101 Omnia Contract #202329-01 555 SOUTH SECTION STREET FAIRHOPE, AL 36533 (251) 928-8003 Quote For Page 292 of 301 Thank you for the opportunity to provide you with this quote. Page 293 of 301 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Paige Crawford Date: 7/12/2024 Department: Economic and Community Development Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *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. **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. Imperial Dade (Omnia Contract) $ 114,600 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ 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? LED Christmas Lights 2. What is the total cost of the item or service? $114,600 3. How many do you need? 10,000 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Imperial Dade 6. Vendor Number: 22167 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 ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $70,000 3. Budget code: 001240-50490 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 294 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-548 FROM: Jeff Montgomery SUBJECT: The Director of Information Technology, Jeff Montgomery, is requesting approval of a three (3) year lease of the iX-7 Mail Machine from Quadient, Inc. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: To approve a three (3) year lease of the iX-7 Mail Machine from Quadient, Inc. and approve Mayor Sherry Sullivan to sign the three (3) year lease agreement. BACKGROUND INFORMATION: The Director of Information Technology, Jeff Montgomery, is requesting approval of a three (3) year lease of the iX-7 Mail Machine from Quadient, Inc. The cost is Six Hundred Thirteen Dollars and Fifty-Eight Cents ($613,58) per month, for a three (3) year total of Twenty-Two Thousand Eighty-Eight Dollars and Eighty-Eight Cents ($22,088.88). This mail machine will be purchased through the Alabama Statewide Contract (Contract #MA230000003751) and therefore does not have to be let out for bid. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50325 Printers Copiers OE $6,284.00 3 years -- $22,088.88 ($15,804.88) The total cost of $22,088.88 is the total for the three -year contract, the FY24 annual amount budgeted is $6,284.00. FY25 Budget will include the $7,362.96 annual cost of this lease agreement. GRANT: N/A Page 295 of 301 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 three year lease of the iX-7 Series Mail Machine on the Alabama Statewide Contract (Contract #MA230000003751) with Quadient, Inc., that therefore, does not have to be let out for bid; and to authorize Mayor Sherry Sullivan to sign the lease agreement. The total amount is $22,088.88 for three (3) years. Adopted on this 22nd day of July, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 296 of 301 Organization CITY OF FAIRHOPE Phone (251) 517-5012 Address PO BOX 429 City State Zip FAIRHOPE AL 36533-0429 Customer Fax Purchase Order - Lease NASPO/ValuePoint Contract #: CTR058809 Send all correspondence to; Quadient Leasing USA, Inc. 478 Wheelers Farms Rd Milford CT 06461 Phone: 203-301-3400 Fax: 203-301-2600 Payments will be sent to: Quadient Leasing USA, Inc. Dept 3682 PO Box 123682 Dallas TX 75312-3682 Order is governed under the terms and conditions of the NASPO/ValuePoint Master Price Agreement Contract Number CTR058809. Enter this order in accordance with the prices, terms, delivery method, and specifications listed above. Organization CITY OF FAIRHOPE Phone (251) 928-2136 Address 555 S SECTION ST City State Zip FAIRHOPE AL 36532-1609 Email LISA.HANKS@FAIRHOPEAL.GO Attention LISA HANKS Company Name Quadient Inc. FEDERAL ID# 94-2984524 Phone (866) 448-0045 Address 478 Wheelers Farms Rd City State Zip Milford CT 06461 Fax (203) 301-2600 Attention Government Sales DUNS# 150836872 Vendor Ship To P.O. Number P.O. Date Requisitioner Shipped Via Ground F.O.B. Point Destination Terms Quarterly Invoicing and / or QTY 36 Unit Months Description Lease Payment Unit Price $613.58 Total $22,088.88 Lease payment specified above for products listed below includes, as applicable, reduced price equipment maintenance to reflect first year free, meter rental, meter resets, postal rate changes, software license/support/subscription fees, delivery, installation, and operator training. 1) 2) 3) Authorized by Date Print Name Title Products State Participating Addendum (PA) #: CTR058809 (AL) DBA ATTN: ACCOUNTS PAYABLE QTY NLEqptDetailIDLeaseIDDescription Product ID 1 iX-7 Series Base w/ Mixed Size Feeder, Sealer, Drop Tray & Ink CartridgeIX7 1 Dynamic Weighing Platform for IX Series 7/7PRO BasesIXDS7 1 IX Series 30 lb Weighing PlatformIXWP30 1 IX Series 7/7PRO/9 Remote Label Dispenser w/StandIXELDPKG 1 e-Certify Processing Fee (Used for Lease Renewals ONLY)ECERT-PROCESSING 1 e-Certify Subscription - Level 3 (up to 2,000 e-Certs per year).CS-ECERT2K Page 297 of 301 A. Quadient Leasing and Customer are entering into a Product Lease Agreement (the “Lease”), pursuant to which Quadient Leasing will lease products to Customer. B. Concurrently herewith, Quadient and Customer are entering into an Online Services and Software Agreement (the “OSS Agreement”) pursuant to which Quadient will make certain other services available to Customer. C. Any defined term used herein shall have the same meaning as in the Lease, or the OSS Agreement. In consideration of the mutual covenants contained herein, and in the Lease, and the OSS Agreement, the parties agree to amend the OSS Agreement as follows: 1. Section 2, titled “License Grant and Additional Terms” is hereby amended to add the following to the end of this section: “Your use of the Services is limited to the number of Electronic Certified Mail pieces (each an “eCert”) indicated on the Order Form (“Annual Volume Limit”). In the event You exceed the Annual Volume in any year, You agree to pay an overage charge for each eCert used over the Annual Volume Limit as outlined below (the “Overage Charge”). The Overage Charge will be determined as a product of the number of eCerts You process in excess of the Annual Volume Limit multiplied by the Overage Charge associated with tier for the excess as set forth below:” ADDENDUM TO AGREEMENTS This Addendum to Agreements is by and between Quadient Leasing USA, Inc. ("Quadient Leasing"), Quadient, Inc. ("Quadient") and CITY OF FAIRHOPE ("Customer") with reference to the following: * Volume bands renew annually Annual Volume Band (# of eCerts) * Overage Charge 1 - 500 $0.50 501 - 1,000 $0.45 1,001 - 2,000 $0.42 2,001 - 4,000 $0.31 4,001 - 8,000 $0.29 8,001 - 12,000 $0.28 12,001 - 16,000 $0.25 32,001 - 64,000 $0.21 64,001 - 128,000 $0.21 128,001 - 200,000 $0.18 200,001 - 256,000 $0.17 256,001 - 384,000 $0.16 1,200,001 and above $0.11 16,001 - 32,000 $0.22 384,001 - 512,000 $0.13 512,001 - 1,200,000 $0.12 eCertify Lease Addendum HPL 07/01/2024 Page 298 of 301 * Volume bands renew annually The Lease, OSS Agreement, and this Addendum contain the complete understanding and agreement between the parties hereto, and supersede all representations, understandings or agreements prior to the execution thereof. Any changes or additions to the foregoing agreements will be valid only if they are in writing and signed by the appropriate parties. In the event of any conflict between the terms of the Lease, OSS Agreement, and this Addendum, the terms of this Addendum shall control. The parties have caused this Addendum to Agreements to be executed by their duly authorized representatives on the date set forth below. Customer: CITY OF FAIRHOPE By: _________________________________________ Printed Name: _______________________________ Title: _______________________________________ Date: _______________________________________ Quadient Leasing USA, Inc. By: _________________________________________ Printed Name: _______________________________ Title: _______________________________________ Date: _______________________________________ Quadient, Inc. By: _________________________________________ Printed Name: _______________________________ Title: _______________________________________ Date: _______________________________________ eCertify Lease Addendum HPL 07/01/2024 Page 299 of 301 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Jeff Montgomery Date: 07/09/24 Department: Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *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. **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. Quadient $ 22,088.88 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ 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? Mail Machine Lease Renewal 2. What is the total cost of the item or service? 22,088.88 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Quadient 6. Vendor Number: 6060 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 ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? Budgeted Yearly 3. Budget code: 001100-50325 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 300 of 301 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-563 FROM: Marcus McDowell, City Attorney SUBJECT: Executive Session - To discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. AGENDA DATE: July 22, 2024 RECOMMENDED ACTION: Approve to go into Executive Session BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 301 of 301