HomeMy WebLinkAbout08-26-2024 City Council Agenda Packet
CITY OF FAIRHOPE
CITY COUNCIL REGULAR AGENDA
Monday, August 26, 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 12 August 2024 Regular City Council Meeting and minutes of
12 August 2024 Work Session
2. Report of the Mayor
3. Public Participation – Agenda Items – (3 minutes maximum)
4. Council Comments
5. Final Adoption - An Ordinance granting a Non-Exclusive Franchise to Southern
Light, LLC, for the purpose of Construction and Maintaining a Fiber-Optic
Transmission Line within Certain Public Rights-Of-Way within the City of Fairhope,
Alabama in accordance with the terms and conditions pursuant to Franchise stated
in Ordinance. (Introduced at the August 12, 2024 City Council Meeting.)
6. Final Adoption - An Ordinance granting a Non-Exclusive Franchise to Uniti Fiber
GulfCo LLC, for the purpose of Construction and Maintaining a Fiber-Optic
Transmission Line within Certain Public Rights-Of-Way within the City of Fairhope,
Alabama in accordance with the terms and conditions pursuant to Franchise stated
in Ordinance. (Introduced at the August 12, 2024 City Council Meeting.)
7. Final Adoption - An Ordinance to amend Ordinance No. 1513; and to repeal
Ordinance No. 1730: Article III. Board of Advisors; Section 1 of the Fairhope
Recreation Board's By-Laws; changing the Planning Jurisdiction to Police
Jurisdiction. (Introduced at the August 12, 2024 City Council Meeting.)
8. Final Adoption - Ordinance - Amend Zoning Ordinance No. 1253 - Request of the
Applicant, Sawgrass Consulting, on behalf of the Owner, Rockwell LLC, to rezone
property from R-1, Low Density Single-Family Residential District to B-2, General
Business District, to be known as Rockwell Place. The property is approximately
15 acres and is located east of Highway 181, 1/3 mile north of the Intersection of
Highway 104 and Highway 181. PPINS #: 625447, 625448, 625449. (Introduced
at the August 12, 2024 City Council Meeting.)
9. Final Adoption - Ordinance - Amend Zoning Ordinance No. 1253 - Request of the
Applicant, David Martin, on behalf of the Owner, Kathryn Mull, to rezone property
from R-2, Medium Density Single-Family Residential District to B-3b, Tourist Resort
Commercial Service District. The property is approximately 0.42 acres and is
located at 53 N. Church Street. PPIN# 15034. (Introduced at the August 12, 2024
City Council Meeting.)
Page 1 of 394
City Council Regular Meeting
August 26, 2024
Page - 2 -
10. Ordinance - An Ordinance to amend Chapter 10.5 Environment, specifically Article
II, Emergency Water Conservation Plan to add Section 10.5-55.5: Mechanical or
System Emergency; City of Fairhope Code of Ordinances.
11. Resolution - That the Public Improvements indicated herein for Harvest Green East
Phase 1 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 Harvest Green East 2022, LLC.
12. Resolution - That the Public Improvements indicated herein for Harvest Green
West Phase 1 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 Harvest Green West 2022,
LLC.
13. Resolution - To award (Bid No. 24-059-2024-PWI-025) to McElhenney
Construction Company for City-wide Road Repair, Resurfacing & Striping Project
with a bid proposal not-to-exceed $676,007.83. Authorize Treasurer to make the
following FY2024 budget adjustments: Transfer savings from ADA Compliance
Project (103-55887) in the amount of $89,460.56 to (103-55856). Record Transfer
In - Gas Fund (103-49892) in the amount of $41,312.30 to (103-55856) and
Transfers - Capital Project Fund (002-50965) in the amount of $41,312.30 for road
repairs attributable to Gas Department.
14. Resolution - That the City of Fairhope does hereby choose to participate, and
approve our participation, in the Baldwin County Comprehensive Solid Waste
Management Plan 2025-2035.
15. Resolution - 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 striping Manley Road (from U. S. Highway
98 to County Road 13) and Thompson Hall Road (from Twin Beech Road to
Fairhope Avenue).
16. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract
with Neel-Schaffer, Inc. for Professional Engineering Services (RFQ PS24-033) for
the Review of Traffic Movements and Intersection Geometry at the Intersection of
Fairhope Avenue and Ingleside Street with a not-to-exceed amount of $8,500.00.
17. Resolution - That the City Council endorses the Comprehensive Watershed
Management Plan for the Eastern Shore created by the Mobile Bay National
Estuary Program (MBNEP) in July 2023; and that the City Council acknowledges
the importance of the watershed plan findings and agrees to be an active partner in
implementation efforts when appropriate.
Page 2 of 394
City Council Regular Meeting
August 26, 2024
Page - 3 -
18. Resolution - That the City Council hereby authorizes acceptance of an ADECA
General Fund appropriation of $1,000,000.00 (Grant #AL-LI-25-001); and
authorizes Mayor Sherry Sullivan to sign all necessary documents. This funding will
supplement an EDA grant of $2,500,000.00 to renovate the K1 Center to serve as
a business resource hub, Hatch.
19. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract
with Adams Stewart Architects, LLC for Professional Architectural Services for
(RFQ PS24-024) for the City of Fairhope 1st Responder Hurricane Safe Room
Project with a not-to-exceed amount of $188,000.00.
20. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change
Order No. 1 for (Bid No. 23-027) the Lift Station at State Highway 104 and State
Highway 181 with a cost of $38,543.00 and to award Change Order No. 1 to Hill
Brothers, Inc. The new contract total will be $263,643.00.
21. Resolution - That the City Council approves Contract Amendment No. 1 to (RFQ
PS017-20) Engineering Services Contract for the Fairhope RESTORE Sewer
Upgrade Phase 1, to extend the period of performance to April 30, 2026, and
authorizes Mayor Sherry Sullivan to execute Amendment No. 1 between the City of
Fairhope and Dewberry, Inc.
22. Resolution - That the City Council approves Contract Amendment No. 1 to (RFP
003-20) Professional Administrative Services for Fairhope Sewer Upgrade Phase
1, to extend the period of performance to April 30, 2026, and authorizes Mayor
Sherry Sullivan to execute Amendment No. 1 between the City of Fairhope and
Grant Management, LLC.
23. Resolution - That the City Council to reject all bids (Bid No. 24-054) to Procure
Services for Joint Use Attachment Inventory for the Electric Department; and
authorize the re-bid of the annual contract under Code of Alabama 1975, Section
41-16-57(d).
24. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract
for Extension No. 2 of (Bid No. 026-22) On Call Contractor for Gas Department
with Equix Energy Services, LLC per the terms and conditions of the original
contract.
25. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract
with Volkert, Inc. for Professional Engineering Services for 4' Gas Main
Replacements at Four (4) Creek Locations (RFQ PS24-035) with a not-to-exceed
amount of $76,000.00.
26. Resolution - That the City authorizes Mayor Sherry Sullivan to execute an
extension of the Maynard, Cooper & Gale, P.C. Engagement Letter Agreement for
the City of Fairhope from October 2024 to September 2025 with a retainer fee of
Eight Thousand Dollars ($8,000.00) per month; and a not-to-exceed amount of
$96,000.00.
Page 3 of 394
City Council Regular Meeting
August 26, 2024
Page - 4 -
27. Resolution - That the City of Fairhope adopts a Resolution in Support of Colony
Rehabilitation Hospital at Thomas Hospital's request to the Certificate of Need
Review Board for 10 additional beds.
28. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract
with Gulf State Engineering for On-Call Consulting Services Annual Contract for
Fire Protection Requirements (RFQ PS24-032) with an annual not-to-exceed
amount of $30,000.00.
29. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract
with Gonzalez-Strength & Associates, Inc. for Professional Engineering Services
for a Feasibility Study for a new 114-Acre Park (RFQ PS24-025) with a not-to-
exceed amount of $50,000.00.
30. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract
with Paul Carpenter Davis Architecture, P.C. for Professional Architect Services
(RFQ PS24-036) for Additions and Alterations to the Fairhope Stadium Press Box
with a not-to-exceed amount of $22,750.00.
31. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract
for Extension No. 2 of (Bid No. 23-003) Lease of Fairhope Soccer Concession
Stand with Blast Soccer Club, Inc. per the terms and conditions of the original
contract. The lease is $417.00 per month paid to the City of Fairhope.
32. Resolution - That the City Council hereby approves the Homecoming Parade in
Downtown Fairhope for Fairhope High School on Thursday, September 26, 2024,
from 5:00 p.m. to 8:30 p.m. as well as the use of the Fairhope Beach Pavilion; and
immediately following the parade for the bonfire pep rally. The route begins at the
Fairhope Civic Center to Fairhope Avenue; right on Fairhope Avenue; then right to
Pavilion. The City will provide for Public Safety.
33. Resolution - That TBT Fairhope, LLC d/b/a The Blind Tiger is authorized to place a
10 foot x 7 foot screened structure around an outdoor charcoal grill contiguous to
the southwest corner of the leased premises to comply with Health Department
mandates. The area in question is strictly limited to exterior grill food prep only and
shall not be used for direct sale of food, merchandise sales, storage, or any other
purpose. The structure shall comply with all building, fire, health department and
other regulatory mandates. The limited screened in area is allowed by the
Governing Body in consideration of ADA compliant ramps, emergency exits and
other improvements provided to the leased premises by TBT Fairhope, LLC.
34. Appointment - Harbor Board
35. Public Participation – (3 minutes maximum)
36. Adjourn
Next City Council Regular Meeting - Monday, September 9, 2024, 6:00 p.m. - City Council Chambers
Page 4 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-144
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Minutes of 12 August 2024 Regular City Council Meeting and
minutes of 12 August 2024 Work Session
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
Approve minutes of 12 August 2024 Regular City Council Meeting and minutes of 12
August 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 5 of 394
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, 12 August 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. Reverend Michael Precht of Fairhope United Methodist Church addressed the
City Council and asked everyone to keep the Hamrick Family and Community in
their thoughts and prayers. He then gave a moment of silence for John Hamrick and
his family. Reverend Precht gave the invocation and the Pledge of Allegiance was
recited. Councilmember Conyers moved to approve minutes of the 22 January, 2024,
regular meeting; and minutes of the 22 January 2024, work session. Seconded by
Councilmember Robinson, motion passed unanimously by voice vote.
Council President Martin stated there was a need to add on an agenda item
after Agenda Item Number 28: a resolution to declare an emergency due to a
failure/damage of pump at Well #4.
Councilmember Burrell moved to add on the above-mentioned item not on the
printed agenda. Seconded by Councilmember Conyers, motion passed unanimously
by voice vote.
Mayor Sullivan addressed the City Council and thanked the City Council and
City Staff who rallied around the Police Department and John Hamrick’s family. She
thanked the Community as a whole who have been supportive too.
The following individual spoke during Public Participation of Agenda Items:
1) Daniel Dyas, 218 Rock Creek Parkway, addressed the City Council and reiterated
what Reverend Precht said about the Hamrick family and Community. He spoke
regarding Agenda Item No. 15: a resolution to award Bid No. 24-053-2024-PWI-010
to J. Payne Organization, LLC for John Martin Nature Center with a bid proposal
not-to-exceed $852,500.00. He told the City Council that if they did both Alternates
to the bid, the City would only have to spend $20,000.00 more; and his company
would be the lowest bid.
Councilmember Burrell gave thoughts and prayers for the Police Department
and the Hamrick family. He thanked the City Staff for the luncheon given for their
family and friends.
Page 6 of 394
12 August 2024
Councilmember Conyers gave thoughts and prayers to the Hamrick family.
Councilmember Robinson gave thoughts and prayers to the Hamrick family;
and said we lost a great part of family and Community.
Councilmember Boone also gave thoughts and prayers to the Hamrick family.
Council President Martin stated it has been a long day; and we put life before
business. He said, “don’t take anything for granted.” Council President Martin said
the Community came together for the Police Department and Hamrick family.
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 1253. Councilmember Burrell introduced in writing an
ordinance to to rezone property of Kathryn Mull from R-2, Medium Density Single-
Family Residential District to B-3b, Tourist Resort Commercial Service District.
The property is approximately 0.42 acres and is located at 53 North Church Street.
PPIN #: 15034. The Planning Commission gave a favorable recommendation of this
ordinance. Council President Martin read the proposed ordinance.
Planning Director Hunter Simmons briefly explained the proposed ordinance.
Councilmember Burrell commented we need a new zoning district and should not
have this many conditions or restrictions.
Council President Martin opened the Public Hearing at 6:25 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6:26 p.m.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the August 26, 2024 City Council meeting.
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 1253. Councilmember Robinson introduced in writing an
ordinance to rezone property of Rockwell LLC from R-1, Low Density Single-Family
Residential District to B-2, General Business District, to be known as Rockwell
Place. The property is approximately 15 acres and is located east of Highway 181, 1/3
mile north of the Intersection of Highway 104 and Highway 181. PPINS #: 625447,
625448, 625449. The Planning Commission gave a favorable recommendation of this
ordinance. Council President Martin read the proposed ordinance.
Planning Director Hunter Simmons briefly explained the proposed ordinance.
Council President Martin opened the Public Hearing at 6:34 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6:34 p.m.
Page 7 of 394
12 August 2024
Due to lack of a motion for immediate consideration, this ordinance will layover until
the August 26, 2024 City Council meeting.
Councilmember Conyers moved for final adoption of Ordinance No. 1805, an
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; specifically the Medical Overlay District.
(Introduced at the July 22, 2024 City Council Meeting) Seconded by Councilmember
Boone, motion for final adoption passed by the following voice votes: AYE – Burrell,
Martin, Conyers, Robinson, and Boone. NAY - None.
Councilmember Robinson introduced in writing an ordinance granting a Non-
Exclusive Franchise to Southern Light, LLC, for the purpose of Construction and
Maintaining a Fiber-Optic Transmission Line within Certain Public Rights-Of-Way
within the City of Fairhope, Alabama in accordance with the terms and conditions
pursuant to Franchise stated in Ordinance. Due to lack of a motion for immediate
consideration, this ordinance will layover until the August 26, 2024 City Council
meeting.
Councilmember Robinson introduced in writing an ordinance granting a Non-
Exclusive Franchise to Uniti Fiber GulfCo LLC, for the purpose of Construction and
Maintaining a Fiber-Optic Transmission Line within Certain Public Rights-Of-Way
within the City of Fairhope, Alabama in accordance with the terms and conditions
pursuant to Franchise stated in Ordinance. Due to lack of a motion for immediate
consideration, this ordinance will layover until the August 26, 2024 City Council
meeting.
Councilmember Boone introduced in writing an ordinance to amend
Ordinance No. 1513; and to repeal Ordinance No. 1730: Article III. Board of
Advisors; Section 1 of the Fairhope Recreation Board's By-Laws; changing the
Planning Jurisdiction to Police Jurisdiction. Due to lack of a motion for immediate
consideration, this ordinance will layover until the August 26, 2024 City Council
meeting.
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City Council authorizes Mayor
Sherry Sullivan to execute the Agreement for the Cooperative Maintenance of Public
Right of Way with Corte, Cave/Mitchell 1, LLC. Seconded by Councilmember
Burrell, motion passed unanimously by voice vote.
*
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Page 8 of 394
12 August 2024
RESOLUTION NO. 5138-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council of the City of Fairhope, Alabama
hereby authorizes Mayor Sherry Sullivan to execute the attached “Agreement for the
Cooperative Maintenance of Public Right of Way” with Corte, Cave/Mitchell 1, LLC
(“Owner”), said document setting forth the terms and conditions under which private
landscape areas and private sewer lines will be maintained and repaired.
Adopted this 12th day of August, 2024
______________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Burell introduced in writing, and moved for the adoption of
the following resolution, a 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. Seconded by Councilmember Robinson, motion passed unanimously by voice
vote.
*
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Page 9 of 394
12 August 2024
RESOLUTION NO. 5139-24
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 12th day of August, 2024
______________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 10 of 394
12 August 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 Engineering Services for (RFQ PS24-033) for
the Review of Traffic Movements and Intersection Geometry at the Intersection of
Fairhope Avenue and Ingleside Street to Neel-Schaffer, Inc.; 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. 5140-24
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 Engineering Services for (RFQ PS24-033) for the Review of Traffic
Movements and Intersection Geometry at the Intersection of Fairhope Avenue and
Ingleside Street to Neel-Schaffer, Inc.; and hereby authorizes Mayor Sullivan to
negotiate the not-to-exceed fee to be approved by Council.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 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 the City Council approves the selection by
Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-025) for
a Feasibility Study for a new 116-Acre Park to Gonzalez-Strength & Associates, Inc.;
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.
Page 11 of 394
12 August 2024
RESOLUTION NO. 5141-24
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 Engineering Services for (RFQ PS24-025) for a Feasibility Study for a
114-Acre Park to Gonzalez-Strength & Associates, Inc.; and hereby authorizes Mayor
Sullivan to negotiate the not-to-exceed fee to be approved by Council.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution to award (Bid No. 24-053-2024-PWI-010) to J.
Payne Organization, LLC for John Martin Nature Center with a bid proposal not-to-
exceed $852,500.00. The motion was seconded by Councilmember Conyers.
Councilmember Burrell stated with Alternate 1, J. Payne Organization, LLC is the
lowest bidder. He said with both Alternate 1 and Alternated 2, Dyas would be the
lowest bidder but the cost will be $65,000.00 more. City Engineer Richard Johnson
explained the reason for the award recommendation; and stated staff did not think a
metal roof warranted the extra cost. After further discussion, motion passed
unanimously by voice vote.
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Page 12 of 394
12 August 2024
RESOLUTION NO. 5142-24
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. 24-053-2024-PWI-010) for John Martin Nature Center 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:
General Contractor Base Bid Alternate #1 Alternate #2
Dyas Construction Management $862,235.47 $35,000 $20,000
Management LLC
J. Payne Organization LLC $826,200.00 $26,300 $78,800
Klarman and Day General $1,140,242.00 $98,200 $55,000
Contractors LLC
[3] After evaluating the bids with required specifications, J. Payne Organization LLC
is now awarded (Bid No. 24-053-2024-PWI-010) to John Martin Nature Center for a
bid proposal not-to-exceed $852,500.00.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 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 to award (Bid No. 24-056) to Chris Francis Tree
Care, LLC. for Citywide Tree Maintenance Annual Contract - Public Works
Department for an annual contract not-to-exceed $96,000.00, total contract amount
not-to-exceed $288,000.00 for three (3) years. Seconded by Councilmember Boone,
motion passed unanimously by voice vote.
Page 13 of 394
12 August 2024
RESOLUTION NO. 5143-24
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.
24-056) for Citywide Tree Maintenance Annual Contract 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
Citywide Tree Maintenance Annual Contract
[3] After evaluating the bids with required specifications, Chris Francis Tree Care, LLC is now
awarded (Bid No. 24-056) for Citywide Tree Maintenance Annual Contract for an annual contract
not-to-exceed $96,000.00, total contract amount not-to-exceed $288,000.00 for three (3) years.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 14 of 394
12 August 2024
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council hereby authorizes Mayor
Sherry Sullivan to execute the ADEM Resolution for “Designating Official
Representative” and to execute all documents related to the Clean Water State
Revolving Fund Project on behalf of the City. Seconded by Councilmember Conyers,
motion passed unanimously by voice vote.
RESOLUTION NO. 5144-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, IN REGULAR SESSION ASSEMBLED, That the City
Council hereby authorizes Mayor Sherry Sullivan to execute the ADEM Resolution
for “Designating Official Representative” and to execute all documents related to the
Clean Water State Revolving Fund Project on behalf of the City.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 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 authorizes Mayor Sherry
Sullivan to execute a contract for (RFQ PS24-031) with Dewberry Engineering, Inc.
to perform On-Call Professional Engineering Services for the Water/Wastewater
Department projects for three (3) years, with a not-to-exceed contract amount of
$95,000.00 yearly, total contract amount not-to-exceed $285,000.00 for three (3)
years. Seconded by Councilmember Robinson, motion passed unanimously by voice
vote.
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Page 15 of 394
12 August 2024
RESOLUTION NO. 5145-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City Council approves Mayor Sherry Sullivan to execute a contract for
(RFQ PS24-031) with Dewberry Engineering, Inc. to perform On-Call Professional
Engineering Services for the Water/Wastewater Department projects for three (3) years, with
a not-to-exceed amount of $95,000.00 yearly, total contract amount not-to-exceed
$285,000.00 for three (3) years.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 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 of Fairhope approves the award of
the Request for Quotes for Labor and Materials for the Storm Repair at 702 Cedar
Avenue, Fairhope, Alabama to Blade Construction for a not-to-exceed project cost of
$65,557.00. Seconded by Councilmember Robinson, motion passed unanimously by
voice vote.
RESOLUTION NO. 5146-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City of Fairhope approves the procurement of Labor and Materials for Storm
Repair at 702 Cedar Avenue, Fairhope, Alabama to Blade Construction for a not-to-exceed cost of
$65,557.00.
ADOPTED ON THIS 12TH DAY OF AUGUST, 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 16 of 394
12 August 2024
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution to award (Bid No. 24-061) to Consolidated Pipe
& Supply Company, Inc. for 950 Feet 6" Steel Pipe for Gas Department with a bid
proposal not-to-exceed $21,166.00. Seconded by Councilmember Conyers, motion
passed unanimously by voice vote.
RESOLUTION NO. 5147-24
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. 24-061) for 950 Feet. 6” Steel Pipe 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:
Reese Marine & Manufacturing Corporation $40,517.50
Consolidated Pipe & Supply Company, Inc. $21,166.00
[3] After evaluating the bids with required specifications, Consolidated Pipe &
Supply Company, Inc. is now awarded (Bid No. 24-061) for 950 Feet 6” Steel Pipe
for the Gas Department with a bid proposal not-to-exceed $21,166.00.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
*
*
Page 17 of 394
12 August 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 Engineering Services for (RFQ PS24-035) for
4' Gas Main Replacements at Four (4) Creek Locations to Volkert, Inc.; 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. 5148-24
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 Engineering Services for (RFQ PS24-035) for 4’ Gas Main
Replacements at Four (4) Creek Locations to Volkert, Inc.; and hereby allows Mayor
Sullivan to negotiate the not-to-exceed fee to be approved by Council.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 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 Sullivan is authorized to execute an
agreement between the City of Fairhope and Southern Light, LLC for attachments of
fiber optic cables, amplifiers and associated equipment for the distribution of optical
communication signals. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
*
*
Page 18 of 394
12 August 2024
RESOLUTION NO. 5149-24
WHEREAS, Southern Light, LLC proposes to deliver fiber optic communication service to
customers in Fairhope, Alabama, and will need to erect and maintain aerial cables, wires and
associated appliances throughout the area to be served, and desires to attach certain cables,
wires and appliances to poles of the City of Fairhope; and,
WHEREAS, the City of Fairhope is willing to permit, to the extent that it may do so lawfully
and consistent with its mortgage or indenture, the attachment of said cables, wires and
appliances to its poles if, in its judgment, such use will not interfere with its own service
requirements, including considerations of economy and safety, and if the City of Fairhope is
protected and indemnified against costs to it arising from such use.
WHEREAS, Southern Light shall be governed by an agreement for attachments of fiber optic
cables, amplifiers and associated equipment for the distribution of optical communication
signals, and all city ordinances, rules, police power, and any state law.
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, that Mayor Sullivan is authorized to execute an agreement between the City of
Fairhope and Southern Light, LLC for attachments of fiber optic cables, amplifiers and
associated equipment for the distribution of optical communication signals. Southern Light
shall pay to the City of Fairhope, for attachments made to poles under this agreement, a rental
at the rate of $22.00 per pole per year. Said rental shall be payable annually, in advance, on
the first day of January of each year during which this agreement remains in effect. The first
payment of rental hereunder shall include such prorated amount as may be due for use of
poles from the date of the original installation to the end of the calendar year.
ADOPTED THIS DAY THE 12TH DAY OF AUGUST 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 Sullivan is authorized to execute an
agreement between the City of Fairhope and Uniti Fiber GulfCo LLC for attachments
of fiber optic cables, amplifiers and associated equipment for the distribution of
optical communication signals. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
Page 19 of 394
12 August 2024
RESOLUTION NO. 5150-24
WHEREAS, Uniti Fiber GulfCo LLC (“Uniti GulfCo”) proposes to deliver fiber optic
communication service to customers in Fairhope, Alabama, and will need to erect and
maintain aerial cables, wires and associated appliances throughout the area to be served, and
desires to attach certain cables, wires and appliances to poles of the City of Fairhope; and,
WHEREAS, the City of Fairhope is willing to permit, to the extent that it may do so lawfully
and consistent with its mortgage or indenture, the attachment of said cables, wires and
appliances to its poles if, in its judgment, such use will not interfere with its own service
requirements, including considerations of economy and safety, and if the City of Fairhope is
protected and indemnified against costs to it arising from such use.
WHEREAS, Uniti GulfCo shall be governed by an agreement for attachments of fiber optic
cables, amplifiers and associated equipment for the distribution of optical communication
signals, and all city ordinances, rules, police power, and any state law.
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, that Mayor Sullivan is authorized to execute an agreement between the City of
Fairhope and Uniti Fiber GulfCo LLC for attachments of fiber optic cables, amplifiers and
associated equipment for the distribution of optical communication signals. Uniti GulfCo
shall pay to the City of Fairhope, for attachments made to poles under this agreement, a rental
at the rate of $22.00 per pole per year. Said rental shall be payable annually, in advance, on
the first day of January of each year during which this agreement remains in effect. The first
payment of rental hereunder shall include such prorated amount as may be due for use of
poles from the date of the original installation to the end of the calendar year.
ADOPTED THIS DAY THE 12TH DAY OF AUGUST 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 the City Council approves the selection by
Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-032)
Annual On-Call Consulting Services Annual Contract for Fire Protection
Requirements to Gulf State Engineering; 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.
Page 20 of 394
12 August 2024
RESOLUTION NO. 5151-24
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 Professional Engineering Services for (RFQ PS24-032) Annual On-
Call Consulting Services Annual Contract for Fire Protection Requirements to Gulf State
Engineering; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to
be approved by Council.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 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 hereby approves and
amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum
A - Boat Lift Installation at Fairhope Docks. Seconded by Councilmember Boone,
motion passed unanimously by voice vote.
RESOLUTION NO. 5152-24
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 12TH DAY OF AUGUST, 2024
_________________________________
Corey Martin, Council President
Attest:
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 21 of 394
12 August 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 Architect Services (RFQ PS24-036) for
Additions and Alterations to the Fairhope Stadium Press Box to Paul Carpenter Davis
Architecture, P.C.; 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. 5153-24
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 Architect Services for (RFQ PS24-036) for Additions and Alterations to
the Fairhope Stadium Press Box to Paul Carpenter Davis Architecture, P.C.: and
hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved
by Council.
DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution That the City Council hereby establishes there
will be no additional parades, races, runs or rides, except for the ones already
established and on the books for the City of Fairhope. No request may be made for
any additional parades, races, runs or rides to the Mayor and/or the City Council; and
that the City Council hereby authorizes and approves the proposed parade permit fee
of $5,000.00 per parade beginning October 1, 2025. Seconded by Councilmember
Conyers, motion passed unanimously by voice vote. Councilmember Burrell
commented that we can always adopt another resolution to allow these again.
Page 22 of 394
12 August 2024
RESOLUTION NO. 5154-24
BE IT HEREBY RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby establishes there will be no
additional parades, races, runs or rides, except for the ones already established and on the
books for the City of Fairhope. No request may be made for any additional parades, races,
runs or rides to the Mayor and/or the City Council.
BE IT FURTHER RESOLVED, That the City Council hereby authorizes and approves the
proposed parade permit fee of $5,000.00 per parade beginning October 1, 2025.
ADOPTED ON THIS 12TH DAY OF AUGUST, 2024
________________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone moved to grant the request of Erin Langley, Eastern
Shore Repertory Theatre, to approve the use Henry George Park from April 23, 2025
through May 5, 2025, for the "12th Annual Theater on the Bluff" to present "Grease"
for three public performances on the bluff on May 1, 2025 through May 3, 2025. In
addition, they request usage of the City's barricades and to have City employees assist
in the setup and removal of the barricades; and permission to have vehicles in the
park for the setup of staging, lighting, etc.; and for food trucks to be available during
performances. The motion was seconded by Councilmember Conyers.
Councilmember Burrell questioned the allowance of food trucks in the City; and
competing with our restaurants. Mayor Sullivan stated that food trucks were not
allowed but was a request this time. She said we have brick and mortar businesses
who pay to be in the City; and if we put them down by the pier that would be
competing with The Blind Tiger restaurant. The consensus of the City Council was to
strike out that request.
Councilmember Boone moved to amend the request of Erin Langley with the
Eastern Shore Repertory Theatre by striking out the following “for food trucks to be
available during performances.” Seconded by Councilmember Robinson, motion
passed unanimously by voice vote.
Councilmember Burrell moved to approve the request of Erin Langley with
the Eastern Shore Repertory Theatre as amended. Seconded by Councilmember
Robinson, motion passed unanimously by voice vote.
Page 23 of 394
12 August 2024
City Attorney Marcus McDowell read the Resolution Declaring an
Emergency regarding the catastrophic damage to pump at Well #4 requiring
immediate action to avoid further damage; and Council further recommends the
citizens of Fairhope immediately utilize Phase III Water Conservation measures to
offset the temporary loss of capacity caused by the catastrophic damage to the pump.
Councilmember Burrell introduced in writing, and moved for the adoption of
the above mentioned resolution read by City Attorney McDowell. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 5155-24
A RESOLUTION DECLARING AN EMERGENCY
WHEREAS, the City of Fairhope has sustained catastrophic damage to pump at Well #4 on
August 12, 2024 resulting in temporary loss of approximately one million gallon capacity; and
WHEREAS, the City Council, due to the emergency mechanical issues requiring immediate
action to avoid further damage to our infrastructure is desirous on declaring the August 12, 2024
catastrophic damage to pump at Well #4 as an “Emergency - Public Works Project” pursuant to
Code of Alabama 1975, Section 39-2-2(e); so that immediate repairs may be contracted to avoid
additional damages to the infrastructure; and
WHEREAS, there is a need for the City to enter into various Public Works contracts to affect the
repair of this critical public infrastructure in order to provide adequate health, safety, and
convenience of the public without delay; and authorizes the Mayor to execute the necessary
contracts for immediate repairs with vendors.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF FAIRHOPE, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 12, 2024, as
follows: the City Council of the City of Fairhope hereby officially declares the August 12, 2024
catastrophic failure/damage to pump at Well #4 as an Emergency – Public Works Project;
approves soliciting informal bids for immediate repairs to prevent further damage to our
infrastructure for materials and repairs; and authorizes the Mayor to execute emergency contracts
for general contracting, labor, and materials not-to-exceed $150,000.00; and Council further
recommends the citizens of Fairhope immediately utilize Phase III Water Conservation measures
to offset the temporary loss of capacity caused by the catastrophic damage to the pump.
ADOPTED AND APPROVED THIS 12TH DAY OF AUGUST, 2024
__________________________________
Corey Martin, Council President
Attest
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 24 of 394
12 August 2024
The following individuals spoke during Public Participation for Non- Agenda
Items:
1) Jennifer Blackwood, 58 Brown Street, addressed the City Council regarding her
claim filed in July 2023. She said it will happen again and we need to protect the next
victim. She mentioned City Attorney McDowell sending e-mail to her attorney.
2) Andrea Winter, 558 Johnson Avenue, addressed the City Council regarding water
run-off from neighbors. She said her floors are buckling in her house near the
driveway. Ms. Winter commented that termites have been found. She mentioned
trees being cut on Bellangee and Mershon.
Councilmember Robinson moved to adjourn the meeting. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:21 p.m.
Corey Martin, Council President
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 25 of 394
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, 12 August 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 Baldwin Family Village update by Kate Carver the
Executive Director, Dumas Wesley Community Center. The Baldwin Family Village
provides 12 months of housing stability and wrap-around services for up to 100 single
women and women with children annually. BFV seeks to break the cycle of
homelessness and help women and children re-establish and maintain self-sufficiency by
focusing on accountability, case management, life skills, and behavior modification. To-
date, the BFV has served 95 individuals and has successfully graduated 56 of these
women and children into independent housing. Ms. Carver said to save the date,
September 16, 2024,
• Human Resources Director Hannah Noonan addressed the City Council and began the
Discussion of Proposed Sick Leave Donation Policy. She explained the policy and the
change in the Personnel Handbook.
• Electric Superintendent Ben Patterson and AMI Coordinator David Garrick addressed the
City Council on the AMI Meter Policy. Mr. Garrick explained what the Advanced
Metering Infrastructure was and how it will benefit the Electric Department and the
Community. He said it will alert a power outage, where the fault is located, and when the
power is back on. Mr. Garrick said there is also an explanation of AMI on our website.
• City Treasurer Kim Creech addressed the City Council regarding the 2024 – 2025 Budget
Discussion on Revenues. She said that Sanitation revenue is not keeping up with costs.
Councilmember Burrell questioned costs versus growth. Ms. Creech said we have
increased salaries to keep competitive with others. She suggested $2.00 and $4.00 more
per can; said we are trying to find the right balance. Public Works Director George Ladd
explained what other Cities charge and the number of routes each week for sanitation.
Councilmember Boone mentioned this was discussed previously. Mr. Ladd said when
Baldwin County gets the “MRF” built, two cans will be used: one for garbage and one for
recycling.
Ms. Creech went over proposed Capital Projects without rollover projects. Mayor
Sullivan thanked Treasurer Department Staff and the Leadership group for their work on
this budget.
Page 26 of 394
Monday, 12 August 2024
Page -2-
• Water and Wastewater Director Daryl Morefield addressed the City Council and gave an
update on Well #4 on Dairy Road. He said crews are working on it right now. Council
President Martin said we need to Declare and Emergency for Water Conservation Plan.
Assistant Water Director Joe Webber addressed the City Council and said the usage
today is 9.4 million gallons. Councilmember Burrell questioned what Phase we are
looking at; Phase III. He said, would our Ordinance need to be tweaked? City Attorney
Marcus McDowell explained an Emergency Declaration. Councilmember Boone asked
what the estimated arrival for new pumped was. Mr. Webber said he did not know but
this is not an overnight fix. He said the temporary pump will help now, but the new pump
will take possibly six to eight weeks to repair. He said in October we will begin Well #14
will help and hopefully online in the Spring. Councilmember Boone said if this is a 10
year limit, we need to look forward to replace. Mr. Webber mentioned the temporary
pump is submersible. The consensus of the City Council was to add the resolution to the
agenda.
• Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Items No.
20 and No. 21; and answered any questions if needed.
• Building Official Erik Cortinas addressed the City Council regarding Agenda Item No.
24; and answered any questions if needed.
• City Engineer Richard Johnson addressed Agenda Items No. 13 and No. 15; and
answered any questions if needed.
• Public Works Director addressed the City Council regarding Agenda Items No. 16 and
No. 19; and answered any questions if needed.
• Water and Wastewater Superintendent Daryl Morefield addressed the City Council
regarding Agenda Item No. 18; and answered any questions if needed.
• Recreation Director Pat White addressed the City Council regarding Agenda Items No.
14, No. 25, and No. 26; and answered any questions if needed.
• Grant Coordinator Nicole Love addressed the City Council regarding Agenda Item No.
17; and answered any questions if needed.
• Mayor Sherry Sullivan addressed the City Council regarding Agenda Items No. 8, No. 9,
No. 22, No. 23, and No. 17; and answered any questions if needed.
There being no further business to come before the City Council, the meeting was
duly adjourned at 5:54 p.m.
_________________________________
Corey Martin, Council President
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 27 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-601
FROM:Lisa Hanks, CITY CLERK
Sherry Sullivan, Mayor
SUBJECT:Final Adoption - An Ordinance granting a Non-Exclusive Franchise
to Southern Light, LLC, for the purpose of Construction and
Maintaining a Fiber-Optic Transmission Line within Certain Public
Rights-Of-Way within the City of Fairhope, Alabama in accordance
with the terms and conditions pursuant to Franchise stated in
Ordinance.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
City Council to grant a Non-Exclusive Franchise to Southern Light, LLC, for the purpose
of Construction and Maintaining a Fiber-Optic Transmission Line within Certain Public
Rights-Of-Way within the City of Fairhope, Alabama in accordance with the terms and
conditions pursuant to Franchise stated in Ordinance.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
Page 28 of 394
ORDINANCE NO. ---
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO SOUTHERN
LIGHT, LLC, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A
FIBER-OPTIC TRANSMISSION LINE WITIDN CERTAIN PUBLIC RIGHTS-OF-WAY
WITHIN THE CITY OFF AIRHOPE, ALABAMA
WHEREAS, on July 12 , 2021 , the City of Fairhope , Alabama ("City ") adopted Ordinance No .
1717 which granted Southern Light, LLC ("Southern Light ") a non-exclusive franchise
("Southern Light 2021 Franchise") to construct and operate a fiber optic transmission line in the
City ; and
WHEREAS, Southern Light is an indirectly owned subsidiary of Uniti Group Inc. ("Uniti
Group"); and
WHEREAS, Uniti Fiber GulfCo LLC ("Uniti GulfCo ") is also an indirectly owned subsidiary
Uniti Group ; and
WHEREAS, Uniti Group now seeks from the City another franchise to secure an asset backed
securities lending facility ("ABS") whereby Uniti Group will transfer certain assets from Southern
Light to Uniti GulfCo; and
WHEREAS, Uniti Group will assign certain assets to Uni ti GulfCo in support of the ABS ; and
WHEREAS, certain facilities installed and operating in the City 's right-of-way may be owned by
Uniti GulfCo while others will be owned by Southern Light; and
WHEREAS, to the extent that the facilities in the rights-of-way are shared between Uniti GulfCo
and Southern Light , Uniti GulfCo and Southern Light will enter an intercompany agreement to
allow access to those shared facilities ; and
WHEREAS, the City intends by adoption of this Agreement to grant Southern Light a new
franchise and the City also plans to adopt a separate , substantially identical , franchise agreement
for Uniti GulfCo ; and
WHEREAS, Uniti GulfCo and Southern Light will be jointly and severally liable for any
noncompliance that may occur under the Uniti GulfCo franchise agreement and this Franchise
since each franchise conveys identical terms for the use of the right-of-way in the City of Fairhope ,
Alabama; and
WHEREAS the City Council wishes to grant a franchise for the construction and maintenance of
the fiber-optic transmission line in accordance with the terms and conditions contained herein.
93 490 l 9v2
Page 29 of 394
Ordinance No .
Page -2-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
The City Council of the City of Fairhope does hereby grant to Southern Light, LLC a non-exclusive
franchise granting the limited authority to construct a fiber-optic transmission line in the City of
Fairhope in and along its Rights-of-way subject to the terms and conditions set forth below.
WITNESSETH:
The City does hereby grant to Southern Light, LLC , an Alabama limited liability company , a non-
exclusive franchise as set out below to operate and construct a fiber-optic transmission line :
SECTION 1 Defined Terms. For purposes of this Franchise , the following terms , words and
phrases shall have the meanings set forth below. When not inconsistent with the context , words
used in the singu lar number shall include the plural number, and words in the plural number shall
include the singular.
1.1 "City" means the City of Fairhope , Alabama .
1.2 "Franchisee " means Southern Light , LLC, its lawful successors, transferees or
assignees thereo f.
1.3 "Governing Body" or "City Council " means the City Council of the City of
Fair hope , Alabama.
1.4 "Gross Revenue " means all local revenues, in whatever form and fro m all sources ,
determined in accordance with generally excepted accounting principles that are received or
accrued by Company from customers to the company 's services within the City. Gross Revenue
shall include all local revenues received from customers for the Company 's services within
Fairhope , with a deduction for Company's uncollectible accounts , but without deduction for
operating expenses , accruals , or any other expenditure . Notwithstanding the foregoing , Gross
Revenue shall not include any taxes on services furnished by Company imposed by any
municipality , state , or other governmental unit and collected by Company for such governmental
unit , nor shall it include taxes of general applicability imposed on the customer or the transactions
(but not on Company or any of its affiliates) by federal, state , or local law and required to be
collected and remitted by the Company or any of its affiliates to the governmental unit , including
sales , use and utility taxes. Gross Revenues shall not include revenues arising from or relating to
services provided by the Company that both originate and terminate outside the corporate limits
of the City. Gross Revenues on services that originate in another municipality and terminate in
the City shall be evenly apportioned among the two for the purposes of calculating the fee owed
to each by the Company , such that the aggregate use fee paid by the Company shall not exceed
five percent (5%) of the Gross Revenue on said services.
1.5 "Person" means any natural or corporate person , business association or other
business entity including, but not limited to , a partnership , sole proprietorship , political
subdivision , public or private agency of any kind, utility , successor or assign of any of the
foregoing , or any other legal entity.
9349019v2
Page 30 of 394
Ordinance No.
Page -3 -
1.6 "Rights-of-way " means the surface and space above and below any public street ,
boulevard, road , highway , freeway, lane , alley , sidewalk , parkway , driveway , public ways , or other
public rights of way, including , public utility easements , dedicated utility strips or rights of way
dedicated for compatible uses held by the City or located within the City and the police jurisdiction
if allowed by law which shall entitle the City and other franchisees and the Franchisee to use the
same for the purpose of installing , operating , repairing and maintaining the System so long as such
use does not interfere with other previously placed facilities by the City or any other franchisee .
1. 7 "System" shall mean a system of pipes , transmission lines , meters , equipment and
all other facilities associated with the operation of fiber-optic transmission lines by the Franchisee
in accordance with the terms and conditions contained herein.
SECTION 2 Grant of Authority. The City hereby grants to the Franchisee the non-exclusive
and limited authority to construct, in stall and maintain a fiber-optic transmission line in and along
the Rights-of-way in the City of Fairhope from time to time as approved and for a period of fifteen
years from the day this franchise agreement is signed by both parties. The Franchisee shall not
expand or extend the System installed or constructed within the City pursuant to this Franchise
without approval from the Building Department of the City of Fairhope.
SECTION 3 Compensation. The Franchisee shall pay to the City as a franchise fee of Five
percent (5%) of its Gross Revenues during each calendar year of operation under this franchise.
Such payments shall be made quarterly during each calendar year, within fifteen (15) days of the
close of each quarter. An annual financial statement shall be furnished to the City by the
Franchisee on or before April 1st of each year, or at any time upon request of the City after thirty
(30) days written notice , such report to show Gross Revenues received by the Franchisee from its
operations with the City for the previous year. However, at any time , upon request by the City and
after sixty (60) days written notice, an annual certified audit report shall be furnished to the City
by the Franchisee , showing Gross Re venues received by the Franchisee from its operations within
the City for the previous year. The City shall be allowed to conduct its own audit of the financial
books and records of the Franchisee at least every three years. Acceptance of any fee payment
shall not be deemed a waiver or release of any claims the City may have for additional sums , nor
construed as an accord or Franchise that the amount paid is correct.
SECTION 4 Duration and Term. The franchise granted hereunder shall expire on July 12 ,
2036 , unless otherwise lawfully renewed , revoked , or terminated as herein provided. Upon the
expiration, the Franchisee or the City shall have the option to renew this Franchise for one
additional term of the time of which is not yet determined subject to the terms and conditions
contained herein , by giving written notice , sixty (60) days before the expiration of this Franchise,
to the other party of that party's intent to renew this Franchise for the additional term.
SECTION 5 Grant of Non-Exclusive Authority. The right to use and occupy the Rights-of-
way for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant
the use of said Rights-of-way to any person , firm , or corporation at any time and for any lawful
purpose. This Franchise shall not be construed to create any rights beyond the terms, conditions
and periods set forth , except as provided herein. The City does not warrant any of the rights
granted by this Franchise.
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SECTION 6 Reservation of Regulatory and Police Powers. The City , by the granting of this
franchise does not surrender or to any extent lose , waive , impair or lessen the lawful powers and
rights now, or which may be hereafter , vested in the City under the Constitution and the statutes
of the State of Alabama to regulate the use of its Rights-of-way by the Franchisee or any person
or to charge reasonable compensation for such use , and the Franchisee , by its acceptance of this
franchise , agrees that all lawful powers and rights , regulatory power, police po wer or otherwise
that may be from time to time vested in or reserved to the City , shall be in full force and effect and
subject to the exercise thereof by the City at any time . The Franchisee is deemed to acknowledge
that its rights are subject to the regulatory and police powers of the City to adopt and enforce
ordinances necessary for the safety and welfare of the public and agrees to comply with all
applicable laws and ordinances enacted by the City pursuant to such powers. The parties agree
that this franchise shall be subject to the City 's new Right-of-Way Ordinance. Further, Franchisee
shall comply with the City Tree Ordinance , Right of Way Ordinance , all City ordinances , state
laws and federal laws whether now existing or later enacted. Any conflict between the pro visions
of this Franchise and any other present or future lawful exercise of the City 's police powers shall
be resolved in fa vor of the latter.
SECTION 7 Standards of Service .
7.1 Conditions of Street Occupancy. All portions of the System and all associated
equipment installed or erected by the Franchisee pursuant to this Franchise shall be located so as
to cause minimum interference with the proper use of the Rights-of-way and with the rights and
reasonable convenience of property owners who own property that adjoins any of such Rights-of-
way. As the City upgrades its electrical system and places power lines underground , Franchisee
will also place its fiber optic lines underground and this will be done at no cost to the City. No
open trenching shall be allo »-1 ed in developed areas without the prior written approval of the City .
7.2 Restoration of Rights-of-way. If during the course of the Franchisee 's construction,
operation, or maintenance of the System a disturbance of any Rights-of-way by the Franchisee
occurs , it shall , at its expense , replace and restore such Rights-of-way to a condition comparable
to the condition of the Rights-of-way existing immediately prior to such disturbance to the
satisfaction of the City. The work to be done under this Franchise , and the restoration of Rights-
of-way as required herein , must be completed within the date specified in any permits authori zing
the work. The Franchisee shall perform the work according to the standards and with the materials
specified or appro ved by the City , or in the case of state or federal highways within the City in
accordance with the appropriate Department of Transportation standards.
7 .3 Relocation at Request of the City. Upon its receipt of reasonable notice , not to be
less than forty-five (45) days , except where emergency conditions require shorter notice , the
Franchisee shall , at its own expense , protect , support , temporarily disconnect , relocate in the
Rights-of-way , or remove from the Rights-of-way , any property of the Franchisee when lawfully
required by the City by reason of traffic conditions , public safety , street abandonment , freeway
and street construction, change or establishment of street grade , installation of sewers , drains, gas
or water pipes , electrical or telecommunications lines , when such installation or construction is
being done directly by or for the City , the state or federal government. Should the Franchisee
refuse or fail to remove its equipment or plant as provided for herein within forty-five (45) days
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after written notification , the City shall have the right to do such work or cause it to be done , and
the reasonable cost thereof shall be chargeable to the Franchisee .
7.4 Trimming of Trees and Shrubbery. The Franchisee shall reasonably compensate
the City for any damages , in such amounts as determined by the City , caused by trimming , cutting
or removing trees or shrubbery , or shall , at its own expense , replace all trees or shrubs damaged
as a result of any construction, installation, repair or maintenance of the System undertaken by the
Franchisee to the satisfaction of the City .
7.5 Safety and Permit Requirements. Construction , installation, repair and
maintenance of the System shall be performed in an orderly and workmanlike manner. All such
work shall be performed in substantial compliance with applicable federal , state , and local laws ,
rules and regulations , including all permit requirements and ordinances adopted by the City which
are now in effect or are hereafter adopted. The System or parts thereof shall not unreasonably
endanger or interfere with the safety of persons or property in the area.
7 .6 Minimum Standards. All of the construction by the Franchisee shall conform , at a
minimum , to the minimum standards of the Franchisee. In the event there is a conflict between
the standards adopted by the Franchisee and any applicable federal , state or local standards ,
including ordinances adopted by the City , the stricter standard shall apply .
7.7 Obstructions of Rights-of-way. Except in the case of an emergency, or with the
approval of the City Public Works Department with the consent of the Fairh ope Police Department,
which consent shall not be unreasonably withheld , no Rights-of-way obstruction or excavation
may be performed when seasonally prohibited or when conditions are unreasonable for such work.
The Franchisee shall not so obstruct the Rights-of-way so as to interfere with the natural , free and
clear passage of water through the gutters , drains , ditches or other waterway s.
93 490 19v2
7 .8 Safety Requirements .
a) The Franchisee shall at all times employ the highest degree of care as is
commensurate with the practical operation of its business and shall install and maintain in
use commonly accepted methods and devices for preventing failures and accidents which
are likely to cause damage , injuries or nuisances to the public.
b) The Franchisee shall install and maintain the Sy stem in accordance with the
requirements of all applicable regulations of the City, which may be amended from time to
time , and in such manner that its operations will not interfere with any installations of the
City or of a public utility serving the City .
c) All structures and all lines , equipment, and connections in , over, under and
upon the Rights-of-way, wherever situated or located , shall at all times be kept and
maintained in a safe and suitable condition and in good order and repair.
d) The Franchisee shall maintain a force of emplo yees at all times sufficient to
provide safe , adequate and prompt service for the System.
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7.9 Least Disruptive Technology. The Franchisee is encouraged to perform
construction and maintenance of the System in a manner resulting in the least amount of damage
and disruption to the Rights-of-way. The Franchisee will be required to use trenchless technology
for any portion of construction or maintenance projects which lie beneath the paved or improved
portion of any roadway to which this Franchise applies , unless otherwise approved by the City
Council. The City Public Works Department may require trenchless technology in other locations ,
where circumstances prevent or make open-cut methods impractical. The Franchisee may use
either the open-cut method or trenchless technology for construction outside the paved or improved
portion of any roadway to which this Franchise applies .
SECTION 8 Enforcement and Termination of Franchise.
8.1 Notice of Violation. In the event the Franchisee has not complied with the terms
of this Franchise , the City shall notify the Franchisee in writing of the nature of the alleged
noncompliance.
8.2 Right to Cure or Respond . The Franchisee shall have 30 days from receipt of the
notice described in Section 8.1: (a) to respond to the City by contesting the assertion of
noncompliance , (b) to cure such default, or ( c) in the event that, by the nature of default , such
default cannot, for reasons beyond the control of the Franchisee , be cured within the 30-day period,
initiate reasonable steps to remedy such default and notify the City of the steps being taken and
the projected date that they will be completed.
8.3 Public Hearing . In the event the Franchisee fails to respond to the notice described
in Section 8.1 or contests the assertion of noncompliance pursuant to the procedures set forth in
Section 8.2 , or in the event the alleged default is not remedied within 30 days or by the date
projected pursuant to 8.2 above , the City shall schedule a public hearing to investigate the default.
Such public hearing shall be held at the next regularly scheduled meeting of the City which is
scheduled at a time not less than five business days there from. The City shall notify the Franchisee
in writing of the time and place of such meeting and provide the Franchisee with an opportunity
to be heard.
8.4 Enforcement. In the event the City , after such meeting, determines that the
Franchisee is in default of any provision of this Franchise, the City may pursue any or all of the
following remedies :
a) Seek specific performance of any provision which reasonably lends itself to
such a remedy; or
b) Make a claim against any surety or performance bond which may be
required to be posted ; or
c) Restrain by injunction the default or reasonably anticipated default by the
Franchisee of any provision of this Franchise; or
d) Seek any other available remedy permitted at law or equity .
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e) In the case of a material default of this Franchise, declare the Franchise to
be revoked in accordance with the following:
i. The City shall give written notice to the Franchisee of its intent to
revoke the Franchise on the basis of noncompliance by the Franchisee. The notice
shall set forth the exact nature of the noncompliance. The Franchisee shall have 30
days from such notice to object in writing and to state its reasons for such objection.
In the event the City has not received a satisfactory response from the Franchisee ,
it may then seek termination of this Franchise at a public meeting . The City shall
cause to be mailed to the Franchisee , by regular mail , at least 10 days prior to such
public meeting , a written notice specifying the time and place of such meeting and
stating its intent to seek such termination.
ii. At the designated meeting , the City shall give the Franchisee an
opportunity to state its position on the matter , after which it shall determine whether
or not this Franchise shall be terminated. The Franchisee may appeal such
determination to the Circuit Court of Baldwin County , which shall have the power
to review the decision of the City and to modify or reverse such decision as justice
may require. Such appeal must be taken within 30 days of the issuance of the
determination by the City.
111. The City may , in its sole discretion, take any lawful action which it
deems appropriate to enforce the City's rights under this Franchise in lieu of
revocation of the Franchise.
8.5 Impossibility of Performance. The Franchisee shall not be held in default or
noncomp liance with the provisions of this Franchise , nor suffer any enforcement or penalty
relating thereto, where such noncompliance or alleged defaults are caused by strikes , acts of God ,
power outages or other events reasonably beyond its ability to control , but not the payment of fees
or damages as a result of its business or operations practices.
SECTI ON 9 Defa ul t. Each of the following shall constitute a material default by the Franchisee :
9.1 Failure to make any payments to the City required to be made as set forth in this
Franchise .
9.2 Failure to maintain a liability insurance policy , cash or other bond that is not cured
within thirty (30) days following written notice to the Franchisee.
9.3 Failure to provide or furnish any information required under this Franchise to the
City that is not cured within thirty (30) days following written notice to the Franchisee.
9 .4 Any breach or violation of any ordinance , rule or regulation or any applicable safety
or construction requirements or regulations that present a threat to health or safety that has not
been cured within thirty (30) days written notice.
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9.5 The occurrence of any event relating to the financial status of the Franchisee which
may reasonably lead to the foreclosure or other judicial or non-judicial sale of all or any material
part of the System or the assets of the Franchisee.
9.6 The condemnation by a public authority , other than the City , or sale or dedication
under threat or in lieu of condemnation , of all or substantially all of the facilities ; or
a) If the Franchisee shall make an assignment for the benefit of creditors , shall
become and be adjudicated insolvent , shall petition or apply to any tribunal for , or consent
to, the appointment of, or taking possession by , a receiver, custodian, liquidator or trustee
or similar official pursuant to state or local laws, ordinances or regulations of any
substantial part of its property or assets, including all or any part of the System ; or
b) a writ of attachment, execution , distrait, levy , possession or any similar
process shall be issued by any tribunal against all or any material part of the Franchisee 's
property or assets ; or
c) any creditor of the Franchisee petitions or applies to any tribunal for the
appointment of, or taking possession by, a trustee, receiver , custodian , liquidator or similar
official for the Franchisee or for any material parts of the property or assets of the
Franchisee under the law of any jurisdiction, whether now or hereafter in effect , and a final
order, judgment or decree is entered appointing any such trustee, receiver, custodian,
liquidator or similar official, or approving the petition in any such proceeding; or
d) any final order, judgment or decree is entered in any proceedings against
the Franchisee decreeing the voluntary or involuntary dissolution of the Franchisee.
SECTION 10 Permits. Prior to any excavation within the Rights-of-way, the Franchisee shall
obtain a permit from the City pursuant to this Franchise, and the work shall be performed in
accordance with all applicable ordinances and codes and any subsequent ordinances or regulations
that may be adopted by the City . Repair and replacement of the Rights-of-way due to the
Franchisee's installation , removal , relocation, maintenance and repair of its System or facilities
shall be accomplished to the satisfaction of the City.
SECTION 11 Insurance and Bonds. The Franchisee shall maintain in full force and effect , at
its own cost and expense, a comprehensive general liability insurance policy in the amount of
$1,000 ,000 .00 for bodily injury and property damage per person and $3 ,000 ,000.00 as to each
occurrence , satisfactory to the City. In addition, the Franchisee shall obtain worker 's
compensation coverage as required by the laws of the State of Alabama. The City shall be named
as an additional insured on all insurance policies , and the Franchisee shall provide the City with a
certificate of insurance designating the City as an additional insured on each policy and extension
or renewal thereof. An endorsement shall be included with the policy that states that the policy
shall not be cancelled without giving thirty (30) days written notice of such cancellation to the
City. Additionally , upon application for a permit to construct or repair any portion of the system
the City may require the posting of a cash or corporate bond in an amount in the Building
Department 's discretion is necessary to ensure the prompt payment for any damage that may be
934901 9v2
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caused by Franchisee or for the prosecution of the work in the event it is not completed, or
completion is substandard.
SECTION 12 Indemnity and Hold Harmless. The Franchisee agrees to indemnify , defend , and
hold harmless the City , its elected officers , employees, agents, and representatives, against all
claims , costs , losses , expenses , demands , actions , or causes of action , including reasonable
attorney's fees and other costs and expenses of litigation , which may be asserted against or incurred
by the City or for which the City may be liable , which arise from the negligence or willful
misconduct, of the Franchisee, its employees , agents , or subcontractors arising out of the
construction, operation, maintenance , upgrade , repair or removal of Facilities except for those
claims , costs , losses, expenses, demands , actions, or causes of action which arise solely from the
negligence , willful misconduct, or other fault of the City. The City does not and shall not waive
any rights against the Franchisee which it may have by reason of this indemnification, or because
of the acceptance by , or the Franchisee 's deposit with the City of any of the insurance policies,
cash or bond described in this Franchise. The indemnification by the Franchisee shall apply to all
damages , penalties and claims of any kind , regardless of whether any insurance policy shall have
been determined to be applicable to any such damages or claims for damages .
SECTION 13 Disclaimer of Warranties . The City makes no representation or warranty
regarding its rights to authorize the installation or operation of the System on any particular right-
of-way, and the burden and responsibility for making such determination in advance of the
installation shall be upon the Franchisee. This Franchise shall not be construed to deprive the City
of any rights or privileges which it now has , or may hereafter have , to regulate the use and control
of its streets .
SECTION 14 Warranties and Representations. The Franchisee hereby agree s, represents and
warrants that it is legally authorized to accept this Franchise in accordance with all applicable laws,
rules and regulations. Furthermore, the Franchisee further agrees , represents and warrants that this
Franchise is legal , valid and binding , and that it is required to obtain authorization and consent
from the City prior to the construction , installation, operation or maintenance of the System.
SECTION 15 Other Obligations. Obtaining a franchise does not relieve the Franchisee of its
duty to obtain all other necessary permits , licenses , authority and the payment of fees required by
any other City , county , state or federal rules , laws or regulations, and the Franchisee is responsible
for all work done in the Rights-of-way pursuant to this Franchise , regardless of who performs the
work.
SECTION 16 Payment of Costs. The Franchisee shall be responsible for all costs associated
with the installation, repair and maintenance of the System and all associated equipment including ,
but not limited to (1) the costs to repair the Rights-of-way due to the installation, repair and
maintenance of the System, and (2) the costs incurred in removing or relocating any portion of the
System or facilities constructed when required by the City. Additionally , the Franchisee agrees to
be solely responsible for any and all damages to other users of the Rights-of-way within the City
caused by Franchisee 's use of said Rights-of-way.
SECTION 17 Priority of Use. This Franchise does not establish any priority for the use of the
Rights-of-way by the Franchisee or any present or future Franchisees or permit holders. In the
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event of any dispute as to the priority of use of the Rights-of-way , the first priority shall be to the
public generally , the second priority to the City , the third priority to the State of Alabama and its
political subdivisions in the performance of their various functions , and thereafter, as between
Franchisee's and other permit holders , as determined by the City in the exercise of its powers,
including the police powers and other powers reserved to and conferred on it by the State of
Alabama.
SECTION 18 Notice. Every notice or response required by this Franchise to be served upon the
City or the Franchisee shall be in writing and shall be deemed to have been duly gi ven to the
required party three (3) business days after having been posted in a properly sealed and correctly
addressed envelope when hand delivered or sent by certified or registered mail , postage prepaid as
follows:
The notices or responses to the City shall be addressed as follows:
City of Fairhope
Attn: Mayor
161 orth Section Street
Fairhope, Alabama 36532
Via U.S . Mail -City of Fairhope , Alabama
Attn: Mayor
Post Office Drawer 429
Fairhope , Alabama 36533
The notices or responses to the Franchisee shall be addressed as follows :
Uniti Fiber GulfCo LLC or Southern Light, LLC (as app licabl e)
ATTN : Kelly A. McGriff, Esq.
Vice President and Deputy General Counsel
Uniti Group Inc.
107 St. Francis Street, Suite 1800
Mobile , Alabama 36602
SECTION 19 Address Changes. The City and the Franchisee may designate such other address
or addresses from time to time by giving written notice to the other party as set forth in this section.
SECTION 20 Application. The terms and conditions contained in this Franchise shall apply to
all areas within the corporate limits of the City and those areas annexed by the City after the
passage and approval of this Ordinance.
SECTION 21 Acceptance. The Franchisee shall accept this Franchise within thirty (30) day s of
the City 's date of adoption and shall be accompanied by a check made payable to the City in the
amount of Two Thousand Five Hundred Dollars ($2 ,500.00) as an acceptance fee , along with
insurance certificates , applications, acceptance fees and performance bonds or other requirements
relating to commencement of construction as set forth in this Franchise.
SECTION 22 Assignment. The Franchisee 's interest in this Franchise shall not be sold ,
transferred , assigned or otherwise encumbered or disposed of, either by forced or voluntary sale
or otherwise , without the prior written consent of the City Council. The City reserves the right to
be reimbursed by the Franchisee for costs incurred by it in reviewing the request for transfer of
ownership.
93 490 l 9v2
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SECTION 23 Miscellaneous. Words of any gender used in this Franchise shall be held and
construed to include any other gender, and words in singu lar number shall be held to include the
plural and vice versa, unless context requires otherwise. The captions used in connection with the
sections of this Franchise are for convenience only and shall not be deemed to co nstrue or limit
the meaning of the lan guage contained in this Franchise or be used in interpreting the meanings
and provisions of this Franchise.
SECTION 24 Rules of Construction. The parties hereto acknowledge that each party and its
counsel have had the opportunity to review and revise this Franchise , and the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party shall
not be employed in the interpretation of this Franchise or any amendments or exhibits thereto.
SECTION 25 Governing Law. This Franchise shall be deemed to have been made in the State
of Alabama and the validity of the same , it s construction, interpretation, enforcement and the rights
of the parties hereunder , shall be determined under, governed by and construed in accordance with
the substantive laws of the State of Alabama, without giving effect to any choice of law provisions
arising there under.
SECTION 26 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.
SECTION 27 Joint and Several Liability Under Franchise. Franchisee and Uniti GulfCo agree
that they are jointly and severally liable for , and absolutely and unconditionally guarantee to City
the prompt payment and performance of, all obligations under this Franchise. Franchisee and U niti
GulfCo agree that the guarantee obligations hereunder constitute a continuing guarantee that such
obligations under this Franchise shall not be discharged until full payment or performance of the
obligations , and that such obligations are abso lute and unconditional , irrespective of the absence
of any action by the City to enforce this Franchise , or any waiver or consent of any kind by the
City , or any other action or circumstances that might otherwise constitute a legal or equitable
discharge, accept full payment or performance of all obligations under this Franchise .
SECTION 28 Upon the Effective Date of this Agreement, the Southern Light 2021 Franchise
shall be void and shall be replaced in its entirety with this Franchise. either City nor Franchisee
waives any rights which either Party may have under the Southern Light 2021 Franchise regarding
satisfaction of payment obligations or other ob li gations , whether know or unknown , that may have
accrued under the Southern Light 2021 Franchise.
SECTION 29 Repeal Clause. Any Ordinance heretofore adopted by the City Council of the City
of Fairhope , Alabama, which is in conflict with this Ordinance is hereby repealed to the extent of
such conflict.
SECTION 30 Effective Date. This Ordinance shall become effective only upon receipt of a
written unconditional acceptance by the Franchisee of the terms and conditions contained herein
within thirty (30) days of the passage of this Ordinance.
93 490 19v 2
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ATTEST:
Lisa A. Hanks, MMC City Clerk
Southern Light, LLC
ADOPTED THIS
ADOPTED THIS
Signed lu,_1 � �
Name f(f.LLyW.�
Title: VP. i DzP WN C, VN s fL
Date: DI /we, 2 '\
9349019v2
DAY OF ____ , 2024
CITY OF FAIRHOPE, ALABAMA
Corey Martin, Council President
DAY OF ,2024 ----
Sherry Sullivan, Mayor
Uniti Fiber GulfCo LLC
Title: IJf � � tf (£Iv Uv,,-V.s-61,,
Date: b\ ts\) C.-, 2</
AUGUST26TH
26TH AUGUST
Page 40 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-602
FROM:Lisa Hanks, CITY CLERK
Sherry Sullivan, Mayor
SUBJECT:Final Adoption - An Ordinance granting a Non-Exclusive Franchise
to Uniti Fiber GulfCo LLC, for the purpose of Construction and
Maintaining a Fiber-Optic Transmission Line within Certain Public
Rights-Of-Way within the City of Fairhope, Alabama in accordance
with the terms and conditions pursuant to Franchise stated in
Ordinance.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
City Council to grant a Non-Exclusive Franchise to Uniti Fiber GulfCo LLC, for the
purpose of Construction and Maintaining a Fiber-Optic Transmission Line within Certain
Public Rights-Of-Way within the City of Fairhope, Alabama in accordance with the terms
and conditions pursuant to Franchise stated in Ordinance.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
Page 41 of 394
ORDINANCE NO. __ _
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO UNIT! FIBER
GULFCO LLC, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A
FIBER-OPTIC TRANSMISSION LINE WITHIN CERTAIN PUBLIC RIGHTS-OF-WAY
WITHIN THE CITY OF FAIRHOPE, ALABAMA
WHEREAS, on July 12 , 2021 , the City of Fairhope , Alabama ("City ") adopted Ordinance No .
1717 which granted Southern Light, LLC ("Southern Light ") a non-exclusive franchise
("Southern Light 2021 Franchise") to construct and operate a fiber optic transmission line in the
City; and
WHEREAS, Southern Light is an indirectly owned subsidiary of Uniti Group Inc. ("Uniti
Group "); and
WHEREAS, Uniti Fiber GulfCo LLC ("Uniti GulfCo ") is also an indirectly owned subsidiary of
Uniti Group; and
WHEREAS, Uniti Group now seeks from the City another franchise to secure an asset backed
securities lending facility ("ABS ") whereby Uniti Group will transfer certain assets from Southern
Light to Uniti GulfCo ; and
WHEREAS, Uni ti Group will assign certain assets to Uniti GulfCo in support of the ABS; and
WHEREAS, certain facilities installed and operating in the City 's right-o f-way may be owned by
Uniti GulfCo while others will be owned by Southern Light ; and
WHEREAS, to the extent that the facilities in the rights-of-way are shared between Uniti GulfCo
and Southern Light, Uniti GulfC o and Southern Light will enter an intercompany agreement to
allow access to those shared facilities; and
WHEREAS, the City intends by adoption of this Agreement to grant Uniti GulfCo a franchise
and the City also plans to adopt a separate , substantia ll y identical , franchise agreement for
Southern Light ; and
WHEREAS, Uniti GulfCo and Southern Light will be jointly and severally liable for any
noncompliance that may occur under the Southern Light franchise agreement and this Franchise
since each franchise conveys identical terms for the use of the right-of-way in the City of Fairhope,
Alabama; and
WHEREAS the City Council wishes to grant a franchise for the construction and maintenance of
the fiber-optic transmission line in accordance with the terms and conditions contained herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
9351463v2
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The City Council of the City of Fairhope does hereby grant to Uniti Fiber GulfCo LLC a non-
exclusive franchise granting the limited authority to construct a fiber-optic transmission line in the
City of Fairhope in and along its Rights-of-way subject to the terms and conditions set forth below .
WITNESSETH:
The City does hereby grant to Uniti Fiber GulfCo LLC , a non-exclusive franchise as set out below
to operate and construct a fiber-optic transmission line:
SECTION 1 Defined Terms. For purposes of this Franchise , the following terms , words and
phrases shall have the meanings set forth below. When not inconsistent with the context , words
used in the singular number shall include the plural number, and words in the plural number shall
include the singular.
1. 1 "City " means the City of Fairhope , Alabama.
1.2 "Franchisee " means Uniti Fiber GulfCo LLC , its lawful successors , transferees or
assignees thereof.
1.3 "Go verning Body " or "City Council " means the City Council of the Ci ty of
Fairhope, Alabama.
1.4 "Gross Revenue " means all local revenues , in whatever form and from all sources ,
determined in accordance with generally excepted accounting principles that are received or
accrued by Company from customers to the company's services within the City. Gros s Re venue
shall include all local re venues received from customers for the Company's services within
Fairhope , with a deduction for Company 's uncollectible accounts , but without deduction for
operating expenses , accruals , or an y other expenditure . Notwithstanding the foregoing , Gross
Revenue shall not include an y taxes on services furnished by Company imposed by any
municipality , state , or other governmental unit and collected by Company for such governmental
unit , nor shall it include taxes of general applicability imposed on the customer or the transactions
(but not on Company or any of its affiliates) by federal , state , or local law and required to be
collected and remitted by the Company or any of its affiliates to the governmental unit , including
sales , use and utility taxes . Gross Re venues shall not include revenues arising from or relatin g to
services pro vided by the Company that both originate and terminate outside the corporate limits
of the City. Gross Revenues on services that originate in another municipality and terminate in
the City shall be evenl y apportioned among the two for the purposes of calculating the fee owed
to each by the Company, such that the aggregate use fee paid by the Company shall not exceed
five percent (5%) of the Gross Revenue on said services .
1.5 "Person" means any natural or corporate person , business association or other
business entity including , but not limited to , a partnership , sole proprietorship , political
subdivision , public or private agency of any kind , utility , successor or assign of any of the
foregoing , or any other legal entity.
1.6 "Rights-of-way " means the surface and space above and below any public street ,
boulevard , road , highway, free way , lane , alle y, sidewalk , parkway , driveway , public way s, or other
public rights of way , including , public utility easements , dedicated utility strips or rights of way
935 1463v2
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dedicated for compatible uses held by the City or located within the City and the police jurisdiction
if allowed by law which shall entitle the City and other franchisees and the Franchisee to use the
same for the purpose of installing, operating , repairing and maintaining the System so long as such
use does not interfere with other previously placed facilities by the City or any other franchisee.
1.7 "System " shall mean a system of pipes , transmission lines , meters , equipment and
all other facilities associated with the operation of fiber-optic transmission lines by the Franchisee
in accordance with the terms and conditions contained herein.
SECTION 2 Grant of Authority. The City hereby grants to the Franchisee the non-exclusive
and limited authority to construct, install and maintain a fiber-optic transmission line in and along
the Rights-of-way in the City of Fairhope from time to time as approved and for a period of fifteen
years from the day this franchise agreement is signed by bo th parties. The Franchisee shall not
expand or extend the System installed or constructed within the City pursuant to this Franchise
without approval from the Building Department of the City of Fairhope.
SECTION 3 Compensation. The Franchisee shall pay to the City as a franchise fee of Five
percent (5%) of its Gross Revenues during each calendar year of operation under this franchise.
Such payments shall be made quarterly during each calendar year, within fifteen (15) days of the
close of each quarter. An annual financial statement shall be furnished to the City by the
Franchisee on or before April 1st of each year, or at any time upon request of the City after thirty
(30) days written notice , such report to show Gross Revenues received by the Franchisee from its
operations with the City for the previous year. However, at any time , upon request by the City and
after sixty (60) days written notice , an annual certified audit report shall be furnished to the City
by the Franchisee , showing Gross Revenues received by the Franchisee from its operations within
the City for the previous year. The City shall be allowed to conduct its own audit of the financial
books and records of the Franchisee at least every three years. Acceptance of any fee payment
shall not be deemed a waiver or release of any claims the City may have for additional sums , nor
construed as an accord or Franchise that the amount paid is correct.
SECTION 4 Duration and Term. The franchise granted hereunder shall expire on July 12 ,
2036 , unless otherwise lawfully renewed , revoked , or terminated as herein provided. Upon the
expiration, the Franchisee or the City shall have the option to renew this Franchise for one
additional term of the time of which is not yet determined subject to the terms and conditions
contained herein , by giving written notice , sixty (60) days before the expiration of this Franchise ,
to the other party of that party 's intent to renew this Franchise for the additional term .
SECTION 5 Grant of Non-Exclusive Authority. The right to use and occupy the Rights-of-
way for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant
the use of said Rights-of-way to any person, firm , or corporation at any time and for any lawful
purpose. This Franchise shall not be construed to create any rights beyond the terms , conditions
and periods set forth , except as provided herein. The City does not warrant any of the rights
granted by this Franchise.
SECTION 6 Reservation of Regulatory and Police Powers. The City , by the granting of this
franchise does not surrender or to any extent lose , waive , impair or lessen the lawful powers and
rights now, or which may be hereafter , vested in the City under the Constitution and the statutes
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of the State of Alabama to regulate the use of its Rights-of-way by the Franchisee or any person
or to charge reasonable compensation for such use , and the Franchisee , by its acceptance of this
franchise, agrees that all lawful powers and rights, regulatory power, police power or otherwise
that may be from time to time ves ted in or reserved to the City, shall be in full force and effect and
subject to the exercise thereof by the City at any time. The Franchisee is deemed to acknowledge
that its rights are subject to the regulatory and police powers of the City to adopt and enforce
ordinances necessary for the safety and welfare of the public and agrees to comply with all
applicable laws and ordinances enacted by the City pursuant to such powers. The parties agree
that this franchise shall be subject to the City's new Right-of-Way Ordinance. Further, Franchisee
shall comply with the City Tree Ordinance , Right of Way Ordinance , all City ordinances , state
laws and federal laws whether now existing or later enacted. Any conflict between the provisions
of this Franchise and any other present or future lawful exercise of the City's police powers shall
be resolved in favor of the latter.
SECTION 7 Standards of Service .
7.1 Conditions of Street Occupancy. All portions of the System and all associated
equipment installed or erected by the Franchisee pursuant to this Franchise shall be located so as
to cause minimum interference with the proper use of the Rights-of-way and with the rights and
reasonable convenience of property owners who own property that adjoins any of such Rights-of-
way. As the City upgrades its electrical system and places power lines underground , Franchisee
will also place its fiber optic lines underground and this will be done at no cost to the City. No
open trenching shall be allowed in developed areas without the prior written approval of the City .
7 .2 Restoration of Rights-of-way . If during the course of the Franchisee's construction,
operation, or maintenance of the System a disturbance of any Rights-of-way by the Franchisee
occurs , it shall, at its expense , replace and restore such Rights-of-way to a condition comparable
to the condition of the Rights-of-way existing immediately prior to such disturbance to the
satisfaction of the City . The work to be done under this Franchise , and the restoration of Rights-
of-way as required herein , must be completed within the date specified in any permits authorizing
the work. The Franchisee shall perform the work according to the standards and with the materials
specified or approved by the City, or in the case of state or federal highways within the City in
accordance with the appropriate Department of Transportation standards.
7.3 Relocation at Request of the City. Upon its receipt ofreasonable notice, not to be
less than forty-five (45) days , except where emergency conditions require shorter notice , the
Franchisee shall , at its own expense, protect, support, temporarily disconnect , relocate in the
Rights-of-way , or remove from the Rights-of-way , any property of the Franchisee when lawfully
required by the City by reason of traffic conditions , public safety, street abandonment, freeway
and street construction, change or establishment of street grade, installation of sewers, drains, gas
or water pipes , electrical or telecommunications lines , when such installation or construction is
being done directl y by or for the City , the state or federal government. Should the Franchisee
refuse or fail to remove its equipment or plant as provided for herein within forty-five ( 45) days
after written notification , the City shall have the right to do such work or cause it to be done , and
the reasonable cost thereof shall be chargeable to the Franchisee.
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7.4 Trimming of Trees and Shrubbery. The Franchisee shall reasonably compensate
the City for any damages , in such amounts as determined by the City, caused by trimming , cutting
or removing trees or shrubbery , or shall , at its own expense , replace all trees or shrubs damaged
as a result of any construction, installation, repair or maintenance of the System undertaken by the
Franchisee to the satisfaction of the City.
7.5 Safety and Permit Requirements. Construction, installation, repair and
maintenance of the System shall be performed in an orderly and workmanlike manner. All such
work shall be performed in substantial compliance with applicable federal , state , and local laws ,
rules and regulations, including all permit requirements and ordinances adopted by the City which
are now in effect or are hereafter adopted. The System or parts thereof shall not unreasonably
endanger or interfere with the safety of persons or property in the area .
7 .6 Minimum Standards. All of the construction by the Franchisee shall conform , at a
minimum, to the minimum standards of the Franchisee. In the event there is a conflict between
the standards adopted by the Franchisee and any applicable federal , state or local standards ,
including ordinances adopted by the City , the stricter standard shall apply.
7.7 Obstructions of Rights-of-way . Except in the case of an emergency , or with the
approval of the City Public Works Department with the consent of the Fairhope Police Department,
which consent shall not be unreasonably withheld , no Rights-of-way obstruction or excavation
may be performed when seasonally prohibited or when conditions are unreasonable for such work.
The Franchisee shall not so obstruct the Rights-of-way so as to interfere with the natural , free and
clear passage of water through the gutters , drains , ditches or other waterways.
7.8 Safety Requirements .
a) The Franchisee shall at all times employ the highest degree of care as is
commensurate with the practical operation of its business and shall install and maintain in
use commonly accepted methods and devices for preventing failures and accidents which
are likely to cause damage , injuries or nuisances to the public .
b) The Franchisee shall install and maintain the System in accordance with the
requirements of all applicable regulations of the City , which may be amended from time to
time , and in such manner that its operations will not interfere with any installations of the
City or of a public utility serving the City.
c) All structures and all lines , equipment, and connections in , over, under and
upon the Rights-of-way , wherever situated or located , shall at all times be kept and
maintained in a safe and suitable condition and in good order and repair.
d) The Franchisee shall maintain a force of employees at all times sufficient to
provide safe , adequate and prompt service for the System.
7.9 Least Disruptive Technology. The Franchisee is encouraged to perform
construction and maintenance of the System in a manner resulting in the least amount of damage
and disruption to the Rights-of-way. The Franchisee will be required to use trenchless technology
for any portion of construction or maintenance projects which lie beneath the paved or improved
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portion of any roadway to which this Franchise applies , unless otherwise approved by the City
Council. The City Public Works Department may require trenchless technology in other locations ,
where circumstances prevent or make open-cut methods impractical. The Franchisee may use
either the open-cut method or trenchless technology for construction outside the paved or improved
portion of any roadway to which this Franchise applies .
SECTION 8 Enforcement and Termination of Franchise.
8.1 Notice of Violation . In the event the Franchisee has not complied with the terms
of this Franchise , the City shall notify the Franchisee in writing of the nature of the alleged
noncompliance.
8.2 Right to Cure or Respond. The Franchisee shall have 30 days from receipt of the
notice described in Section 8.1: (a) to respond to the City by contesting the assertion of
noncompliance , (b) to cure such default , or ( c) in the event that, by the nature of default , such
default cannot , for reasons be yond the control of the Franchisee , be cured within the 30-day period ,
initiate reasonable steps to remedy such default and notify the City of the steps being taken and
the projected date that they will be completed.
8.3 Public Hearing . In the event the Franchisee fails to respond to the notice described
in Section 8.1 or contests the assertion of noncompliance pursuant to the procedures set forth in
Section 8.2 , or in the event the alleged default is not remedied within 30 days or by the date
projected pursuant to 8.2 above , the City shall schedule a public hearing to investigate the default.
Such public hearing shall be held at the next regularly scheduled meeting of the City which is
scheduled at a time not less than five business days there from. The City shall noti fy the Franchi see
in writing of the time and place of such meeting and provide the Franchisee with an opportunity
to be heard.
8.4 Enforcement. In the event the City , after such meeting , determines that the
Franchisee is in default of any provision of this Franchise, the City may pursue any or all of the
following remedies :
935 1463v2
a) Seek specific performance of any provision which reasonably lends itsel f to
such a remedy; or
b) Make a claim against any surety or performance bond which may be
required to be posted ; or
c) Restrain by injunction the default or reasonably anticipated default by the
Franchisee of any provision of this Franchise; or
d) Seek any other available remedy permitted at law or equity .
e) In the case of a material default of this Franchise , declare the Franchise to
be revoked in accordance with the following:
i. The City shall give written notice to the Franchisee of its intent to
re voke the Franchise on the basis of noncompliance by the Franchisee. The notice
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shall set forth the exact nature of the noncompliance . The Franchisee shall have 30
day s from such notice to object in writing and to state its reasons for such objection.
In the event the City has not received a satisfactory response from the Franchisee ,
it may then seek termination of this Franchise at a public meeting . The City shall
cause to be mailed to the Franchisee , by regular mail , at least 10 days prior to such
public meeting , a written notice specifying the time and place of such meeting and
stating its intent to seek such termination.
ii. At the designated meeting , the City shall give the Franchisee an
opportunity to state its position on the matter, after which it shall determine whether
or not this Franchise shall be terminated . The Franchisee may appeal such
determination to the Circuit Court of Baldwin County , which shall have the power
to review the decision of the City and to modify or reverse such decision as justice
may require. Such appeal must be taken within 30 days of the issuance of the
determination by the City.
111. The City may, in its sole discretion , take any lawful action which it
deems appropriate to enforce the City 's rights under this Franchise in lieu of
revocation of the Franchise .
8 .5 Impossibility of Performance. The Franchisee shall not be held in default or
noncompliance with the provisions of this Franchise , nor suffer any enforcement or penalty
relating thereto , where such noncompliance or alleged defaults are caused by strikes , acts of God ,
power outages or other events reasonably beyond its ability to control, but not the payment of fe es
or damages as a result of its business or operations practices.
SECTION 9 Default. Each of the following shall constitute a material default by the Franchisee:
9.1 Failure to make any payments to the City required to be made as set forth in this
Franchise .
9.2 Failure to maintain a liability insurance policy , cash or other bond that is not cured
within thirty (30) days following written notice to the Franchisee.
9 .3 Failure to provide or furnish any information required under this Franchise to the
City that is not cured within thirty (30) days following written notice to the Franchisee.
9 .4 Any breach or violation of any ordinance , rule or regulation or any applicable safety
or construction requirements or regulations that present a threat to health or safety that has not
been cured within thirty (30) days written notice .
9 .5 The occurrence of any event relating to the financial status of the Franchisee which
may reasonably lead to the foreclosure or other judicial or non-judicial sale of all or any material
part of the Sy stem or the assets of the Franchisee.
9.6 The condemnation by a public authority , other than the City , or sale or dedication
under threat or in lieu of condemnation, of all or substantially all of the facilities ; or
93 51 463v2
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a) If the Franchisee shall make an assignment for the benefit of creditors , shall
become and be adjudicated insolvent, shall petition or apply to any tribunal for, or consent
to, the appointment of, or taking possession by , a receiver , custodian, liquidator or trustee
or similar official pursuant to state or local laws , ordinances or regulations of any
substantial part of its property or assets , including all or any part of the System; or
b) a writ of attachment , execution , distrait, levy , possession or any similar
process shall be issued by any tribunal against all or any material part of the Franchisee 's
property or assets; or
c) any creditor of the Franchisee petitions or applies to any tribunal for the
appointment of, or taking possession by, a trustee, receiver, custodian, liquidator or similar
official for the Franchisee or for any material parts of the property or assets of the
Franchisee under the law of any jurisdiction, whether now or hereafter in effect, and a final
order, judgment or decree is entered appointing any such trustee , receiver, custodian,
liquidator or similar official, or approving the petition in any such proceeding; or
d) any final order, judgment or decree is entered in any proceedings against
the Franchisee decreeing the voluntary or involuntary dissolution of the Franchisee.
SECTION 10 Permits. Prior to any excavation within the Rights-of-way , the Franchisee shall
obtain a permit from the City pursuant to this Franchise, and the work shall be performed in
accordance with all applicable ordinances and codes and any subsequent ordinances or regulations
that may be adopted by the City. Repair and replacement of the Rights-of-way due to the
Franchisee's installation, removal, relocation, maintenance and repair of its System or facilities
shall be accomplished to the satisfaction of the City .
SECTION 11 Insurance and Bonds. The Franchisee sha ll maintain in full force and effect , at
its own cost and expense, a comprehensive general liability insurance policy in the amount of
$1,000 ,000 .00 for bodily injury and property damage per person and $3,000 ,000.00 as to each
occurrence, satisfactory to the City . In addition, the Franchisee shall obtain worker's
compensation coverage as required by the laws of the State of Alabama. The City shall be named
as an additional insured on all ins urance policies , and the Franchisee shall provide the City with a
certificate of insurance designating the City as an additional insured on each policy and extension
or renewal thereof. An endorsement shall be included with the policy that states that the policy
shall not be cancelled without giving thirty (30) days written notice of such cancellation to the
City. Additionally , upon application for a permit to construct or repair any portion of the system
the City may require the posting of a cash or corporate bond in an amount in the Building
Department's discretion is necessary to ensure the prompt payment for any damage that may be
caused by Franchisee or for the prosecution of the work in the event it is not completed, or
completion is substandard .
SECTION 12 Indemnity and Hold Harmless. The Franchisee agrees to indemnify, defend , and
hold harmless the City , its elected officers , employees , agents, and representatives, against all
claims, costs , losses , expenses, demands , actions , or causes of action, including reasonable
attorney's fees and other costs and expenses oflitigation, which may be asserted against or incurred
by the City or for which the City may be li able , which arise from the negligence or willful
93514 63 v2
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misconduct , of the Franchisee , it s employees , agents , or subcontractors ansmg out of the
construction, operation, maintenance , upgrade , repair or removal of Facilities except for those
claims , costs , losses, expenses , demands , actions , or causes of action which arise solely from the
negligence , willful misconduct , or other fault of the City . The City does not and shall not waive
any rights against the Franchisee which it may have by reason of this indemnification, or because
of the acceptance by , or the Franchisee 's deposit with the City of any of the insurance policies ,
cash or bond described in this Franchise. The indemnification by the Franchisee shall apply to all
damages , penalties and claims of any kind , regardless of whether any insurance policy shall have
been determined to be applicable to any such damages or claims for damages .
SECTION 13 Disclaimer of Warranties . The City makes no representation or warranty
regarding its rights to authorize the installation or operation of the System on any particular right-
of-way , and the burden and responsi bility for making such determination in advance of the
installation shall be upon the Franchisee . This Franchise shall not be construed to deprive the City
of any rights or privileges which it now has, or may hereafter have , to regulate the use and control
of its streets.
SECTION 14 Warranties and Representations. The Franchisee hereby agrees, represents and
warrants that it is legally authorized to accept this Franchise in accordance with all applicable laws ,
rules and re gulations. Furthermore , the Franchisee further agrees , represents and warrants that this
Franchise is legal , valid and binding , and that it is required to obtain authorization and consent
from the City prior to the construction, installation, operation or maintenance of the System.
SECTION 15 Other Obligations. Obtaining a franchise does not relieve the Franchisee of its
duty to obtain all other necessary permits , licenses , authority and the payment of fees required by
any other City , county , state or federal rules , laws or regulations , and the Franchisee is responsible
for all work done in the Right s-of-way pursuant to this Franchise, regardless of who performs the
work .
SECTION 16 Payment of Costs. The Franchisee shall be responsible for all costs associated
with the installation, repair and maintenance of the System and all associated equipment including,
but not limited to (1) the costs to repair the Rights-of-way due to the installation, repair and
maintenance of the System, and (2) the costs incurred in removing or relocating any portion of the
System or facilities constructed when required by the City. Additionally , the Franchisee agrees to
be solely responsible for an y and all damages to other users of the Rights-of-way within the City
caused by Franchisee 's use of said Rights-of-way.
SECTION 17 Priority of Use. This Franchise does not establish any priority for the use of the
Rights-of-way by the Franchisee or any present or future Franchisees or permit holders . In the
event of any dispute as to the priority of use of the Rights-of-way , the first priority shall be to the
public generally , the second priority to the City , the third priority to the State of Alabama and its
political subdivisions in the performance of their various functions , and thereafter, as between
Franchisee 's and other permit holders , as determined by the City in the exercise of its powers ,
including the police powers and other powers reserved to and conferred on it by the State of
Alabama.
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SECTION 18 Notice. Every notice or response required by this Franchise to be served upon the
City or the Franchisee shall be in writing and shall be deemed to have been duly gi ven to the
required party three (3) business days after having been posted in a properly sealed and correctly
addressed envelope when hand delivered or sent by certified or registered mail , postage prepaid as
follows :
The notices or responses to the City shall be addressed as follows:
City of Fairhope
Attn: Mayor
161 orth Section Street
Fairhope , Alabama 36532
Via U.S. Mail -City of Fairhope , Alabama
Attn: Mayor
Post Office Drawer 429
Fairhope , Alabama 36533
The notices or responses to the Franchisee shall be addressed as follows:
Uniti Fiber GulfCo LLC or Southern Light, LLC (as applicable)
ATTN: Kelly A. McGriff, Esq .
Vice President and Deputy General Counsel
Uniti Group Inc.
107 St. Francis Street, Suite 1800
Mobile , Alabama 36602
SECTION 19 Add ress Changes. The City and The Franchisee may designate such other address
or addresses from time to time by giving written notice to the other party as set forth in this section.
SECTI ON 20 A ppli cation. The terms and conditions contained in this Franchise shall appl y to
all areas within the corporate limits of the City and those areas annexed by the City after the
passage and approval of this Ordinance.
SECTI ON 21 Acceptance. The Franchisee shall accept this Franchise within thirty (30) da ys of
the City's date of adoption and shall be accompanied by a check made payable to the City in the
amount of Two Thousand Five Hundred Dollars ($2 ,500.00), as an acceptance fee , along with
insurance certificates , applications , acceptance fees and performance bonds or other requirements
relating to commencement of construction as set forth in this Franchise.
SECTI ON 22 Ass ignm ent. The Franchisee 's interest in this Franchise shall not be sold ,
transferred , assigned or otherwise encumbered or disposed of, either by forced or voluntary sale
or otherwise , without the prior written consent of the City Council. The City reserves the right to
be reimbursed by the Franchisee for costs incurred by it in reviewing the request for transfer of
ownership.
SECTI ON 23 Misce ll aneo us. Words of any gender used in this Franchise shall be held and
construed to include any other gender, and words in singular number shall be held to include the
plural and vice versa , unless context requires otherwise . The captions used in connection with the
sections of this Franchise are for convenience only and shall not be deemed to construe or limit
the meaning of the language contained in this Franchise or be used in interpreting the meanings
and provisions of this Franchise.
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SECTION 24 Rules of Construction. The parties hereto acknowledge that each party and its
counsel have had the opportunity to review and revise this Franchise , and the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party shall
not be employed in the interpretation of this Franchise or any amendments or exhibits thereto.
SECTION 25 Governing Law. This Franchise shall be deemed to have been made in the State
of Alabama and the validity of the same , its construction, interpretation, enforcement and the rights
of the parties hereunder , shall be determin ed under, governe d by and construed in accordance with
the substantive laws of the State of Alabama , without giving effect to any choice of law provisions
arising there under.
SECTION 26 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.
SECTION 27 Joint and Several Liability Under Franchise. Franchisee and Southern Light
agree that they are jointly and severally liable for, and absolutely and unconditionally guarantee to
City the prompt payment and performance of, all obligations under this Franchise. Franchisee and
Southern Light agree that the guarantee obligations hereunder constitute a continuing guarantee
that such obligations under this Franchise shall not be discharged until full payment or
performance of the obligations , and that such obligations are absolute and unconditional ,
irrespective of the absence of any action by the City to enforce this Franchise , or any waiver or
consent of any kind by the City, or any other action or circumstances that might otherwise
constitute a legal or equitable discharge , accept full payment or performance of all obligations
under this Franchise.
SECTION 28 Repeal Clause. Any Ordinance heretofore adopted by the City Council of the City
of Fairhope , Alabama, which is in conflict with this Ordinance is hereby repealed to the extent of
such conflict.
SECTION 29 Effective Date. This Ordinance shall become effect ive only upon receipt of a
written unconditional acceptance by the Franchisee of the terms and conditions contained herein
within thirty (30) days of the passage of this Ordinance.
SIGNATURE PAGE TO FOLLOW
93 51 463v2
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Page -12-
ATTEST:
Lisa
City
A.
Clerk
Hanks, MMC
Southern Light, LLC
ADOPTED THIS
ADOPTED THIS
Signed: � � '�� ) �7 Name: \.<JJ L� \\. �c.G,�,r-P-� Title: �? � \)Z� GZN la\JNSC. L
Date: 0\ I\\,� 24
9351463v2
DAY OF ____ , 2024
CITY OF FAIRHOPE, ALABAMA
Corey Martin, Council President
DAY OF , 2024----
Sherry Sullivan, Mayor
Uniti Fiber GulfCo LLC
Signed \�-:\MI \ I'.\=:>.. ,
Name: 'AL4i �. �� �lH-
Title: V � ', .i)t,? G,E. N Ct, o N Sl.. L
Date: D) �\Jg '.2..4
26TH AUGUST
AUGUST26TH
Page 53 of 394
~~ ~~
dlA~A.~b
FROM:
SUBJECT:
AGENDA
DATE:
CITY OF FAIRHOPE
AGENDA MEMORANDUM
Pat White, PARKS & RECREATION DIRECTOR
Jack Burrell, Council Member
Corey Martin, Council President
Item ID: 2024-603
Final Adoption -An Ordinance to amend Ordinance No. 1513; and
to repeal Ordinance No . 1730: Article Ill. Board of Advisors ; Section
1 of the Fairhope Recreation Board's By-Laws ; changing the
Planning Jurisdiction to Police Jurisdiction.
August 26, 2024
RECOMMENDED ACTION:
City Council approve amending Ordinance No . 1513 ; and to repeal Ordinance No .
1730: Article Ill. Board of Advisors ; Section 1 of the Fairhope Recreation Board's By-
laws ; changing the Planning Jurisdiction to Police Jurisdiction.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$ -$ -($_)
GRANT:
LEGAL IMPACT:
Page 54 of 394
ORDINANCE NO. _____
AN ORDINANCE TO AMEND ORDINANCE NO. 1513; AND
TO REPEAL ORDINANCE NO. 1730:
ARTICLE III. BOARD OF ADVISORS; SECTION 1
OF THE FAIRHOPE RECREATION BOARD’S BY-LAWS
ARTICLE III. BOARD OF ADVISORS
Section 1. The Board of Advisors shall consist of at least five (5) members but not more
than nine (9) members. All members shall reside in the Police Jurisdiction but at least
half of the members must reside in the City limits. Members of the Board shall serve with
no compensation. Two members of the City Council will serve on the Board as ex-officio
members. The Director of Parks and Recreation will be an ex-officio member of the
Board and will attend monthly meetings. Ex-officio members do not have voting
privileges.
The Balance of Article III. Board of Advisors remains as written and codified.
SEVERABILITY.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by a court of competent jurisdiction, then such ruling shall not
affect any other paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such unconstitutional phrase,
clause, sentence, paragraph or section.
EFFECTIVE DATE.
This ordinance shall take effect upon its due adoption and publication as required by law.
ADOPTED THIS 26TH DAY OF AUGUST, 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 26TH DAY OF AUGUST, 2024
_______________________________
Sherry Sullivan, Mayor
Page 55 of 394
ORDINANCE NO. 1513
AN ORDINANCE TO ESTABLISH
THE BY-LAWS OF
THE FAIRHOPE RECREATION BOARD
ARTICLE I. NAME
The name of this organization shall be the Fairhope Recreation Board and it shall be an
unincorporated board of the City ofFairhope .
ARTICLE II. PURPOSE
The Recreation Board shall be responsible for the direction and promotion of the City of
Fairhope recreation programs and serve as advisors to the Mayor and Fairhope City
Council on activities involving recreation, recreational programs and City parks. The
Board will develop and maintain a Five Year Recreation Investment Plan to provide
recommendations to the Mayor and City Council on recreational needs and activities
within the City.
ARTICLE ill. BOARD OF ADVISORS
Section 1. The Board of Advisors shall consist of at least five (5) members but not more
than nine (9) members. All members shall reside in the planning jurisdiction but at least
half of the members must reside in the City limits. Members of the Board shall serve with
no compensation . Two members of the City Council will also serve on the Board as ex-
officio members . The Director of Parks and Recreation and the Director of Community
Affairs and Recreation will be ex-officio members of the Board and will attend monthly
meetings. All recreation league presidents will also be considered ex-officio members of
the Board.
Section 2. The Board of Advisors shall be appointed to the Board by the Fairhope City
Council and will serve five year, rotating terms. Members of the Recreation Board first
shall be appointed as follows: One for a term of one year; one for a term of two years;
one for a term of three years; one for a term of four years; and one for a term of five
years. Any members, in excess of five , shall initially be appointed as follows: The sixth
member shall be appointed for a term of one year ; the seventh member shall be appointed
for a term of two years; the eighth member shall be appointed for a term of three years;
and the ninth member shall be appointed for a term of four years. As the terms of
members expire, their successors shall be selected for terms of five years each.
Vacancies in unexpired terms shall be filled in the same manner as original appointments
are made . The Recreation Board will make recommendations to fill vacancies to the
Mayor and City Council for appointment.
Section 3. Any member of the Board who shall be absent from three regular meetings of
the Board during a fiscal year without satisfactory explanation, shall be considered upon
the third absence, to have submitted his/her resignation from the Board .
Section 4. The Board shall elect from its membership a chairman and such officers as it
deems necessary to serve at its pleasure .
ARTICLE IV. MEETINGS
Section 1. The Board will meet monthly on the third Wednesday of each month or as
stated in the meeting public notice .
Page 56 of 394
Ordinance No. 1513
Page -2-
Section 2. A mandatory meeting will be held once yearly in the first quarter of the year
with recreational league presidents for the purpose of collecting required financial
statements and insurance from league officials, to review budget requests, policy and
regulatory changes, and coordinate events between the different leagues.
Section 3. Special meetings may be called at the request of the Chairperson or a
minimum of three members of the Board.
Section 4. A minimum of four members must be present at a Board meeting to constitute
a quorum.
ARTICLE V. DUTIES OF OFFICERS
Chairperson of the Board. The Chairperson shall preside at all meetings and be an ex-
officio member of all committees . The Chairperson shall call special meetings when
needed . The Chairperson shall appoint all committee chairpersons with the approval of
the Board.
ARTICLE VI. PARLIAMENTARY AUTHORITY
Roberts Rules of Order, revised, shall govern the proceedings of all meetings of the
organization.
ARTICLE VII. AMENDMENTS
The by-laws may be recommended for amendment or alteration, by a majority vote of
the Members then in office, provided notice of proposed changes are distributed to each
Board Member at least 30 days prior to such meeting. Recommended amendments or
alterations to the by-laws will be submitted to the City Council for approval.
SEVERABILITY.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by a court of competent jurisdiction, then such ruling shall not
affect any other paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such unconstitutional phrase,
clause, sentence, paragraph or section.
EFFECTIVE DATE.
This ordinance shall take effect upon its due adoption and publication as required by law.
ADOPTED THIS 28TH DAY OF APRIL, 2014
It-·~
t, Mayor
Attest:·
City Clerk
Page 57 of 394
ORD INANCE N O. 1730
AN ORD INANCE T O AMEND ORD INANCE N O. 15 13:
AR TICLE III. BO ARD OF AD VIS ORS; SE CTIO N 1
OF THE FAIRHOPE RECRE ATI ON BOARD 'S BY -LAW S
ARTICLE III . B O ARD OF ADVIS ORS
Sec tio n 1. The Board of Advisors shall consist of at least five (5) members but not more
than nine (9) members . All members shall reside in the planning jurisdiction but at least
half of the members must reside in the City limits . Members of the Board shall serve with
no compensation. Two members of the City Council will serve on the Board as ex-officio
members. The Director of Parks and Recreation will be an ex-officio memb er of the
Board and will attend monthly meetings. Ex-officio members do not have voting
privileges .
The Balance of Article III. Board of Advisors remains as written and codified.
SEVERABIL ITY.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase , clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by a court of competent jurisdiction, then such ruling shall not
affect any other paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such unconstitutional phrase,
clause , sentence, paragraph or section.
EFFECTI VE DATE.
This ordinance shall take effect upon its due adoption and publication as required by law .
ADOPTED THIS 27TH DAY OF SEPTEMBER, 2021
Attest:
Y-lzl/aL
~s,MivfC
City Clerk
Page 58 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-543
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: Final Adoption – Ordinance – Amend Zoning Ordinance No. 1253
- Request of the Applicant, Sawgrass Consulting, on behalf of the
Owner, Rockwell LLC, to rezone property from R-1, Low Density
Single-Family Residential District to B-2, General Business District,
to be known as Rockwell Place. The property is approximately 15
acres and is located east of Highway 181, 1/3 mile north of the
Intersection of Highway 104 and Highway 181. PPINS #: 625447,
625448, 625449
AGENDA
DATE:
August 26 2024
RECOMMENDED ACTION:
Council Approval
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 59 of 394
ORDINANCE NO. _____
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA as follows:
The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005,
together with the Zoning Map of the City of Fairhope, be and the same hereby is
changed and altered in respect to that certain property described below:
After the appropriate public notice and hearing, the Planning Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property of Rockwell Place (containing 15 acres, more or less, and zoned R-1) and
located east of Highway 181, 1/3 mile north of Intersection of Highway 104 and
Highway 181, Fairhope, AL.
PPIN # 625447, 625448, 625449
Legal Description: (Case number ZC 24.05)
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER,
OF THE SOUTHWEST QUARTER, OF SECTION 2, TOWNSHIP 6 SOUTH,
RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN S00º26’25”W,
1,326.34 FEET TO A POINT; THENCE RUN N89º53’51”W, 1,190.25 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY LINE OF ALABAMA STATE HIGHWAY
NUMBER 181; THENCE RUN N00º17’32”E, ALONG SIDE EAST RIGHT-OF-WAY
LINE, 414.46 FEET TO A POINT; THENCE RUN NORTHEASTERLY ALONG
SAID EAST RIGHT-OF-WAY LINE, AND A CURVE TO THE RIGHT HAVING A
RADIUS OF 7,939.44 FEET, A DELTA ANGLE OF 02º29’34”, A CHORD OF
WHICH BEARS N01º36’17”E FOR 345.38 FEET AN ARC LENGTH OF 345.40
FEET TO A POINT; THENCE RUN N02º55’02”E, ALONG SAID EAST RIGHT-OF-
WAY LINE, 305.01 FEET TO A POINT; THENCE RUN NORTHEASTERLY
ALONG SAID EAST RIGHT-OF-WAY LINE, AND A CURVE TO THE LEFT
HAVING A RADIUS OF 7,739.44 FEET, A DELTA ANGLE OF 01º16’39”, A
CHORD OF WHICH BEARS N02º16’44”E FOR 172.55 FEET AN ARC LENGTH OF
172.55 FEET TO A POINT; THENCE RUN N07º13’33”E, ALONG SAID EAST
RIGHT-OF-WAY LINE, 91.65 FEET TO A POINT; THENCE RUN S89º49’53”E,
LEAVING SAID EAST RIGHT-OF-WAY LINE, 1,154.75 FEET TO THE POINT OF
BEGINNING, CONTAINING 36.02 ACRES MORE OR LESS AND LYING IN
SECTION 2, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY,
ALABAMA.
A map of the property to be rezoned is attached as Exhibit A.
The property is hereby rezoned B-2, General Business District. This property shall
hereafter be lawful to construct on such property any structures permitted by Ordinance
No. 1253 and to use said premises for any use permitted or building sought to be erected
on said property shall be in compliance with the building laws of the City of Fairhope
and that any structure shall be approved by the Building Official of the City of Fairhope
and that any structure be erected only in compliance with such laws, including the
requirements of Ordinance No. 1253.
Page 60 of 394
Ordinance No. ____
Page -2-
Severability Clause - if any part, section or subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to
invalidate or impair the remainder of this ordinance, which shall continue in full force
and effect notwithstanding such holding.
Effective Date – This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 26TH DAY OF AUGUST, 2024
_________________________________
Corey Martin, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 26TH DAY OF AUGUST, 2024
_________________________________
Sherry Sullivan, Mayor
Page 61 of 394
BIG
C
A
N
O
E
RU
N
BIG CAN O E R U N
SAND
BAR LN BI
GCANOE
RUNSTATE HWY 181SANC T U A R Y
C V SHALLOW
SPRINGSC V
FALLING WATER BLVD
GREA T L A K ES LOOP
STATE HWY 181Legend
B-2 General Business District
PUD - Planned Unit Development
R-1 Low Density Single-Family Residential District
Road
Corporate Limits
Exhibit A
Rockwell, LLC
B-2, General Business District
Parcel Number: 05-46-01-02-0-000-001.910,
05-46-01-02-0-000-001.911,
05-46-01-02-0-000-001.912
PPIN: 625447, 625448, 625449
Parcel Number: 05-46-01-02-0-000-001.910,
05-46-01-02-0-000-001.911,
05-46-01-02-0-000-001.912
Page 62 of 394
Planning Commission unanimously (6 Ayes, 0 Nays) voted to recommend approval of ZC 24.05
Page 63 of 394
Page 64 of 394
Page 65 of 394
1
ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024
Summary of Request:
Applicant, Sawgrass Consulting, on behalf of Owner, Rockwell, LLC, requests the subject property be rezoned
from R-1, Low Single Family Residential District to B-2, General Business District. The property is located at the
East side of AL Hwy 181 and 1/3 mile north of the AL Hwys 181 and 104 intersection. Subject property is
otherwise known as Lot 1 and common areas of Rockwell Place that was recently annexed into the City on
May 13, 2024 (Ordinance No. 1798). Previous subdivision case SD 23.31 was the final plat approval of Rockwell
replace that created the lots. Case SD 22.02 was a preliminary MOP approval for the now lot 2 and all the
properties were in the County. Lot 2 will remain in the County.
Article III, Section A(11):
Figure 1: Map of subject and adjacent properties.
Page 66 of 394
2
ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024
Comments:
The subject property is 11.79 acres. The subject property, proposed to be zoned as B-2, will most likely be subdivided
again creating commercial lots. At that time the infrastructure will be studied more and a condition of this approval is
that when the subject property is further subdivided then each subdivided site will have a mandatory Site Plan Review.
This property is located between the Encounter Commercial Subdivision to the direct South and the Harvest Green
East PUD to the North. Directly East are the Rockwell Place Apartments.
The aforementioned developments plus the Publix at Planter’s Pointe across AL Hwy 181 required significant road
infrastructure that is still in play (Rockwell Blvd off of Hwy 181).
Figure 2: Snippet of Rockwell Place Final Plat Slide 2942-B.
A Re-Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the
Criteria in Art. II, Section B(1)(e).
(1) Compliance with the Comprehensive Plan;
Response: The 2015 Comprehensive Plan noted the AL Hwys 104 and 181 as a potential node for
development and it has proven to be the case with several residential and commercial projects taking
place within the last two (2) years.
(2) Compliance with the standards, goals, and intent of this ordinance;
Response: Meets.
(3) The character of the surrounding property, including any pending development activity;
Response: Meets. There are a handful of residential and commercial developments around the highways
intersection and branching from the intersection that will be symbiotic to each other.
(4) Adequacy of public infrastructure to support the proposed development;
Response: There is existing infrastructure in the immediate surroundings. Infrastructure will be studied
more if/when Lot 1 further subdivides or applies for any building permit.
Page 67 of 394
3
ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024
(5) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: Meets. This zoning change will not negatively impact natural resources or current/future
conditions.
(5) Compliance with other laws and regulations of the City;
Response: Meets. Any future development is subject to all applicable laws of the
City.
(6) Compliance with other applicable laws and regulations of other jurisdictions;
Response: Meets. Any future development is subject to all applicable laws.
(7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values; and
Response: Staff does not anticipate any significant issues relating to this criterion currently. Staff does
request an update from the Applicant and ALDOT regarding the Rockwell Blvd and Hwy 181 connection.
(8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: Staff does not anticipate any significant issues relating to this criterion currently. Staff does
request an update from the Applicant and ALDOT regarding the Rockwell Blvd and Hwy 181 connection.
Recommendation:
Staff recommends approval of ZC 24.05: rezoning Lot 1 of Rockwell Place from R-1 to B-2 with the
following conditions:
1. Each site created in Lot 1 shall have a mandatory Site Plan Review.
2. An update from ALDOT or completion thereof the Rockwell Blvd and Hwy 181 connection
prior to further subdividing or applying for any permits. 2-3 weeks per June 12, 2024,
correspondence from Applicant.
3. Provide a schedule for the completion of the apartments and portions of the roads that will
be public as soon as possible and prior to applying for any permits. Three (3) months per
June 12, 2024, correspondence from Applicant.
Page 68 of 394
Page 69 of 394
Page 70 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-542
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: Final Adoption – Ordinance – Amend Zoning Ordinance No. 1253 -
Request of the Applicant, David Martin, on behalf of the Owner,
Kathryn Mull, to rezone property from R-2, Medium Density Single-
Family Residential District to B-3b, Tourist Resort Commercial
Service District. The property is approximately 0.42 acres and is
located at 53 N. Church Street. PPIN #: 15034
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
Council Approval
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 71 of 394
ORDINANCE NO. ____
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA as follows:
The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005,
together with the Zoning Map of the City of Fairhope, be and the same hereby is
changed and altered in respect to that certain property described below:
After the appropriate public notice and hearing, the Planning Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property of Kathryn Mull (containing 0.42 acres, more or less, and zoned R-2) and
located at 53 N. Church Street, Fairhope, AL.
PPIN # 15034
Legal Description: (Case number ZC 24.04)
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 5, DIVISION 1, OF THE
LAND OF LESSOR, IN THE CITY OF FAIRHOPE, ALABAMA, AS PER PLAT
THEREOF FILED FOR RECORD ON SEPTEMBER 13, 1911, IN
MISCELLANEOUD BOOK 1, PAGES 320-321 OF THE PROBATE RECORDS OF
THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA, RUN NORTH 109
FEET ALONG THE EAST LINE OF LAND DEEDED TO LESSOR BY EDITH W.
BELL, AND G. R. BELL, THENCE WEST 168 ½ FEET TO A POINT, THENCE
SOUTH 109 FEET TO THE SOUTHWEST CORNER OF LAND DEEDED TO
LESSOR BY FRANCES G. CRAWFORD, AND OTHER HEIRS OF ERNEST B.
GASTON, THECE RUN EAST 168 ½ FEET TO THE POINT OF BEGINNING, AND
THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE BELL DEED, SAID
LEASED LAND BEING LOCATED ON THE WEST SIDE OF CHURCH STREET
AS ESTABLISHED BY A RIGHT-OF-WAY DEED TO THE CITY OF FAIRHOPE,
IN FRACT’L SECTION 18, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN
COUNTY, ALABAMA.
A map of the property to be rezoned is attached as Exhibit A.
The property is hereby rezoned B-3b, Tourist Resort Commercial District. This
property shall hereafter be lawful to construct on such property any structures permitted
by Ordinance No. 1253 and to use said premises for any use permitted or building
sought to be erected on said property shall be in compliance with the building laws of
the City of Fairhope and that any structure shall be approved by the Building Official of
the City of Fairhope and that any structure be erected only in compliance with such
laws, including the requirements of Ordinance No. 1253. Notwithstanding the above
statement of permitted uses, the following uses shall not be permitted on the subject
property: Multifamily/Apartment, General Office, Professional Office, Grocery,
convenience store, General Merchandise, Outdoor Recreation Facility, Indoor
Recreation, Personal Storage, Recreational Vehicle Park, Restaurant, Bar,
Entertainment Venue, or Marina. Current use is a single-family residential structure.
Any change in use shall meet all applicable laws and regulations at the time of
application.
Page 72 of 394
Ordinance No. _____
Page -2-
Severability Clause - if any part, section or subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to
invalidate or impair the remainder of this ordinance, which shall continue in full force
and effect notwithstanding such holding.
Effective Date – This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 26TH DAY OF AUGUST, 2024
_________________________________
Corey Martin, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 26TH DAY OF AUGUST, 2024
_________________________________
Sherry Sullivan, Mayor
Page 73 of 394
N CHURCH STSAXE LN
MAGNOLIA AVE
Legend
B-2 General Business District
B-3b Tourist Resort Commercial Service District
P-1 Parking District
R-2 Medium Density Single-Family Residential District
R-4 Low Density Multi-Family Residential District
Road
Corporate Limits
Exhibit A
Kathryn Mull
Rezone to B-3b Tourist Resort
Commercial Service District
Parcel Number: 05-46-03-37-0-006-027.501
PPIN: 15034
Parcel Number: 05-46-03-37-0-006-027.501
Page 74 of 394
Planning Commission unanimously (6 Ayes, 0 Nays) voted to recommend approval of ZC 24.04
Page 75 of 394
Page 76 of 394
1
ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024
Summary of Request:
Owner/applicant, Kathryn Mull, requests the subject property be rezoned from R‐2, Medium Density Single
Family Residential District to B‐3(b), Tourist Resort Commercial District. David Martin is an authorized agent
for the case. The property is located at 53 N. Church Street. Subject Property is not within the Central Business
District (“CBD”). Applicant desires to keep the single‐family home and build a garage with an accessory
dwelling unit to be utilized as a short‐term rental, which is allowed in B‐3b, but not in R‐2. See Ordinance No.
1336.
Article III, Section A(13):
Figure 1: Map of subject and adjacent properties.
Figure 2: 53 N. Church Street on www.zillow.com. Last visited on June 13, 2024.
Page 77 of 394
2
ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024
Comments:
The subject property currently has six (6) bedrooms and five (5) bathrooms as a single‐family home. The
subject property is a lone parcel sandwiched between R‐4 Low Density Multi‐Family and B‐3b zoning, both of
which allow short term rentals. It backs up to R‐2 zoning. Applicant desires B‐3b zoning so that they may
build a garage with an accessory dwelling unit to rent as a short‐term rental. Subject property is across the
street from the CBD, which also allows for short term rentals.
As with any request for a zoning map amendment, we must consider the initial desire, as well as how the
property may be utilized in the future. Staff feels a single‐family home, with a unit above the garage used as
a short‐term rental, is appropriate for the neighborhood. However, conversion of the house into a six‐unit
rental, for example, would be a change in use and require appropriate reviews.
A Re‐Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the
Criteria in Art. II, Section B(1)(e).
(1) Compliance with the Comprehensive Plan;
Response: The 2015 Comprehensive Plan states that downtown Fairhope is the ultimate Village Center.
The subject property is adjacent to the central business district. Adjacent properties are zoned R‐4 and
B‐3b. Being adjacent to downtown, and considering the adjacent uses, Staff feels this request meets
the form, function, and design standards because it is a source for both tourists and locals.
(2) Compliance with the standards, goals, and intent of this ordinance;
Response: Meets. Some allowable uses are not ideal for this location and use changes will be vetted
accordingly. For example, office space or outdoor recreation would not be ideal for this location although
they are both allowed uses within B‐3b.
(3) The character of the surrounding property, including any pending development activity;
Response: Meets. The only development activity currently considered is an additional detached garage
with a second‐story rental unit. Required buffers and twenty (20) foot setbacks provide protection from
adjacent residential property. Future changes in use should be carefully reviewed for impacts to the
character of the surrounding property.
(4) Adequacy of public infrastructure to support the proposed development;
Response: Meets. Already an existing structure with utilities. If Applicant plans to add more units, or
separate the existing single‐family resident into multiple units, then that may require additional
demands on infrastructure.
(5) Impacts on natural resources, including existing conditions and ongoing post‐development
conditions;
Response: Meets. This zoning change will not negatively impact natural resources or current/future
conditions. The Zoning Ordinance and Tree Ordinance already provide protections to adjacent residential
property by way of setbacks and landscape buffers.
Page 78 of 394
3
ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024
(5) Compliance with other laws and regulations of the City;
Response: Meets. Any future development is subject to all applicable laws of the
City.
(6) Compliance with other applicable laws and regulations of other jurisdictions;
Response: Meets. Any future development is subject to all applicable laws.
(7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values; and
Response: By restricting some of the more intense uses staff does not anticipate any significant issues
relating to this criterion currently. Subject property is the lone R‐2 on either side of this block of Church
Street; whereas, the rest of the properties are zoned R‐4, B‐3b or B‐2.
(8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: With the existing regulations, as well as restricting some of the more intense uses, staff does
not anticipate any significant issues relating to this criterion currently. However, changes in use should
be considered carefully. For example, Church St does not have on‐street parking. Additional units would
need to accommodate parking on‐site if the use were approved.
Uses allowed in B‐3b from Table 3‐1 of the Zoning Ordinance are summarized below.
Dwelling
Single‐Family (‘By‐right’)
Two‐family (‘By‐right’)
Multifamily/Apartment (‘Permitted on Appeal and subject to special conditions’)
Mixed‐Use (‘By‐right’)
Accessory Dwelling (‘Permitted subject to special conditions listed in the ordinance’)
Civic
Elementary School (‘By‐right’)
Secondary School (‘By‐right’)
Library (‘By‐right’)
Public Utility (‘By‐right’)
Office
General (‘By‐right’)
Professional (‘By‐right’)
Home Occupation (‘Permitted subject to special conditions listed in the ordinance’)
Page 79 of 394
4
ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024
Retail
Grocery (‘By‐right’)
Convenience Store (‘Permitted subject to special conditions listed in the ordinance’)
General Merchandise (‘By‐right’)
Service
Outdoor Recreation Facility (‘By‐right’)
Indoor Recreation (‘Permitted on Appeal and subject to special conditions’)
Personal Storage (‘Permitted subject to special conditions listed in the ordinance’)
Bed & Breakfast (‘Permitted on Appeal and subject to special conditions’)
Hotel/Motel (‘Permitted on Appeal and subject to special conditions’)
Recreational Vehicle Park (‘Permitted subject to special conditions listed in the ordinance’)
Restaurant (‘By‐right’)
Bar (‘By‐right’)
Entertainment Venue (‘By‐right’)
Marina (‘By‐right’)
Manufacturing
None
Recommendation:
Staff recommends approval of ZC 24.04, rezoning 53 N. Church Street from R‐2 to B‐3b with the following
conditions:
1.) Regardless of the allowed uses in Table 3‐1 of the Fairhope Zoning Ordinance, the following uses
shall be prohibited on the subject property:
a. Multifamily/Apartment
b. General Office
c. Professional Office
d. Grocery
e. Convenience Store
f. General Merchandise
g. Outdoor Recreation Facility
h. Indoor Recreation
i. Personal Storage
j. Recreational Vehicle Park
k. Restaurant
l. Bar
m. Entertainment Venue
n. Marina
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5
ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024
2.) Current use is a single‐family residential structure. Any change in use shall meet all applicable laws
and regulations at the time of application.
3.) Add No Parking Signs - recommended by Planning Commission
Page 81 of 394
Page 82 of 394
From:storeyville36608@aol.com
To:turkstat@aol.com; planning
Subject:Rezoning of 53 N. Church
Date:Monday, June 24, 2024 6:07:58 PM
Skipper Walters and I purchased our town home in September 2023. We love the quiet "residential "
street. We love the city!! Construction has been ongoing at 53 N. Church. We want it to stay zoned as R-
2. Not interested in a bed n breakfast or anything other than single family residential.
Thank you for your consideration in this matter.
God bless,
Storey Walters
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-610
FROM:Daryl Morefield, WATER SUPERINTENDENT
Sherry Sullivan, Mayor
SUBJECT:Ordinance to amend Chapter 10.5 Environment, specifically Article II,
Emergency Water Conservation Plan to add Section 10.5-55.5:
Mechanical or System Emergency; City of Fairhope Code of
Ordinances.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
City Council to adopt an Ordinance to amend Chapter 10.5 Environment, specifically
Article II, Emergency Water Conservation Plan to add Section 10.5-55.5: Mechanical or
System Emergency; City of Fairhope Code of Ordinances.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
Page 85 of 394
ORDINANCE NO. _______
AN ORDINANCE TO AMEND CHAPTER 10.5 ENVIRONMENT,
SPECIFICALLY ARTICLE II: EMERGENCY WATER CONSERVATION
PLAN; CITY OF FAIRHOPE CODE OF ORDINANCES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Section 1. The Code of Ordinance, City of Fairhope, Alabama, Chapter 10.5
Environment, specifically Article II, Emergency Water Conservation Plan is hereby
amended to reflect the following addition:
Section 10.5-55.5 MECHANICAL OR SYSTEM EMERGENCY
Upon declaration of a mechanical or system emergency by the Governing Body of the
City of Fairhope, nothing in this Article shall be construed to limit the Governing
Body’s ability to direct Fairhope Public Utilities to immediately implement any Water
Conservation Phase necessary to address public health, safety, and welfare concerns
caused by said mechanical or system emergency.
The Balance of Chapter 10.5 – Article II. – Emergency Water Conservation Plan
remains as written and codified in the City of Fairhope Code of Ordinances.
Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional by a court of competent jurisdiction, then such ruling
shall not affect any other paragraphs and sections, since the same would have been
enacted by the municipality council without the incorporation of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Effective Date. This ordinance shall take effect upon its due adoption and publication as
required by law.
ADOPTED THIS 26TH DAY OF AUGUST, 2024
_____________________________
Corey Martin, Council President
ATTEST:
_______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 26TH DAY OF AUGUST, 2024
_____________________________
Sherry Sullivan, Mayor
Page 86 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-596
FROM: Hunter Simmons
SUBJECT: Planning Director, Hunter Simmons, is requesting acceptance of the
public infrastructure within Harvest Green East Phase 1
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
Adopt Resolution - That the public improvements indicated herein for Harvest Green
East Phase 1 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 Harvest Green East 2022, 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 87 of 394
RESOLUTION NO. _______
WHEREAS, the Owners of Harvest Green East Phase 1 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 2958-A, and all Fairhope public utilities located in public right-
of-ways 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 Harvest Green
East, the maintenance 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 Harvest
Green East Phase 1 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 Harvest Green East 2022, 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 26th day of August, 2024
_____________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-595
FROM: Hunter Simmons
SUBJECT: Planning Director, Hunter Simmons, is requesting acceptance of the
public infrastructure within Harvest Green West Phase 1.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
Adopt Resolution that the public improvements indicated herein for Harvest Green West
Phase 1 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 Harvest Green West 2022, 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 97 of 394
RESOLUTION NO. _______
WHEREAS, the Owners of Harvest Green West Phase 1 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 2956-D, and all Fairhope public utilities located in public right-
of-ways 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 Harvest Green
West, 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 Harvest
Green West Phase 1 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 Harvest Green West 2022, 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 26th day of August, 2024
_____________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 98 of 394
MAINTENANCEANDGUARANTYAGREEMENTTHISMAINTENANCEANDGUARANTYAGREEMENT(this“Agreement”)ismadeandenteredintobyandbetweenHARVESTGREENWEST2022,LLC(the“Subdivider”),andtheCityofFairhope,Alabama(the“CityofFairhope”)(the“City”)(theSubdivider,andtheCityaresometimeshereinafterreferredtosingularlyasa“Party”andcollectivelyasthe“Parties”),onthefollowingrecitals,terms,andconditions:WHEREAS,theSubdivideristhedeveloperofHarvestGreenWestPhaseI(the“Subdivision”),whichSubdivisionisrecordedasInstrumentNumber2133764intherecordsoftheOfficeoftheJudgeofProbateofBaldwinCounty,Alabama;WHEREAS,itiscontemplatedthatpriortotheCityacceptingformaintenancethosecertainitemssetforthonExhibit“A”attachedhereto(the“Improvements”),theSubdividerwillberesponsibleformaintainingtheImprovementsforaperiodoftwo(2)years(the“MaintenancePeriod”)fromandaftertheEffectiveDate(hereinafterdefined),andthattheImprovementswillbefreefromdefectsarisingduringtheMaintenancePeriod,orthereafterincertaincircumstancesasspecifiedinthisthisAgreement;NOW,THEREFORE,inconsiderationofthepremisesandthemutualcovenantscontainedherein,thereceipt,adequacyandsufficiencyofwhichareherebyacknowledged,thepartieshereto,intendingtobelegallybound,doherebycovenantandagreeasfollows:1.Recitals.TheaboverecitalsshallbeincludedaspartofthisAgreementasnecessarycontingenciesandasiffullysetforthherein.2.MaintenanceandGuarantyofImprovements.TheSubdividershallmaintaintheImprovementsduringtheMaintenancePeriodandshallkeeptheImprovementsingoodandworkingorder,normalwearandtearexcepted.TheSubdividerherebyguaranteesandwarrantstheImprovementsandtheworkmanshipassociatedwiththeconstructionandinstallationoftheImprovementsuntiltheexpirationoftheMaintenancePeriod,andthereafterasspecifiedbelow.IntheeventanydefectintheImprovementsand/ortheworkmanshipassociatedwiththeconstructionandinstallationoftheImprovements(a“Defect”)arises,inwholeorinpart,duringtheMaintenancePeriod,theSubdividershallberesponsiblecorrectingthesame.DuringtheMaintenancePeriodtheSubdividershallmonitorandinspecttheImprovementsandshallremedyanyDefectofwhichitinanymannerbecomesawarewithintendaysofbecomingsoaware,exceptthatintheeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.Notlessthan30daysormorethan60daysbeforeexpirationoftheMaintenancePeriodtheSubdividershallschedulewiththeCity’sBuildingOfficial,orhisdesignee,ajointinspectionoftheImprovementsbytheSubdividerandCity.TheCitywillgivetheSubdivideraNoticeofDefectsidentifiedasaresultofsuchinspectionwithin15daysoftheinspection.AnyandallDefect(s)soidentifiedbytheCityshallberemediedbytheSubdividerwithintendaysoftheNoticeofDefects,exceptthatintheeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividerPage1of5Page 99 of 394
shallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.However,anyandallDefectsidentifiedbytheCityshallbecompletelyremedied,tothecompletesatisfactionoftheCity,priortoacceptanceoftheImprovementsbytheCity.Additionally,intheeventotherDefectsariseafterexpirationoftheMaintenancePeriod,butpriortoallDefectsidentifiedbytheCityintheNoticeofDefectsbeingcompletelyremediedbytheSubdivider,theSubdividershallberesponsibleforremedyingsuchotherDefect(s),inlikemannerassetforthabove,priortotheCityacceptingtheImprovements.ItistheintentofthisAgreementthattherebenoDefect(s)intheImprovementsatthetimetheCityacceptsthesame.3.FinancialGuarantyofPerformance.AsaconditiontotheCityagreeingtoenterintothisAgreement,theSubdividershallprovidetheCitywithanacceptablesurety/financialguaranteeofthepaymentandperformanceofitsobligationshereunder(the“Guaranty”).TheGuarantyshallbeprovidedbyasuretyandshallbeinaformthatisacceptabletotheCityinitssoleandabsolutediscretionandshallbeinanamountof$933,918.29.IntheeventtheforegoingconditionprecedentisnotsatisfiedwithinThirty(30)daysoftheEffectiveDate,theobligationoftheCitytoaccepttheImprovementsformaintenanceunderSection4hereofshallterminateandbeofnofurtherforceoreffect.4.CitytoAcceptImprovementsforMaintenance.UponexpirationoftheMaintenancePeriod,andprovidedthattheSubdividerhasfullyperformedunderthisAgreement,theCityshallacceptmaintenanceoftheImprovements.5.FailuretoPerform.IntheeventtheSubdividershallfailinwholeorinparttoperformanyterm,covenantorconditionofthisAgreementorintheeventofaDefect(a“Default”),theCitymayissueawrittennoticeofdefaulttotheSubdivider(a“NoticeofDefault”).IftheSubdividerhasnotcuredtheDefaultwithinten(10)daysofitsreceiptoftheNoticeofDefault,theCityshallhavetherighttotakeanyorallofthefollowingactions:(a)complete/remedyanyDefault,including,withoutlimitation,therighttocureanyDefect,atthesolecostandexpenseoftheSubdivider;(b)callonorotherwiseexerciseitsrightsundertheGuaranty;and/or(c)exerciseanyotherrightorremedyavailabletotheCityatlaworinequity,includingtherighttopursueandobtainspecificperformance.IntheeventtheCityexercisesanyoftheforegoingrightsandexpendsanyfundsinconnectiontherewith,theSubdividershallreimbursetheCityforanysuchexpendedfundswithinten(10)daysofdemandforsuchfundsbytheCity.AnyfundsnotsoreimbursedbytheSubdividerwithinsaidten(10)dayperiodshallthereafteraccrueinterestattherateoftwelvepercent(12%)perannum.6.LegalCompliance.TheSubdividershall,atitsownexpense,complywithallapplicablelaws,ordinances,regulations,rulesandorders,whetherfederal,stateorlocal,oranyPage2of5Page 100 of 394
regulationofanygovernmentalbodyhavingjurisdictionovertheSubdivisionortheSubdividerwithrespecttothemaintenanceandrepairoftheImprovements,regardlessofwhentheybecomeeffective.TheSubdividershallnotuse,norpermittheuseoftheImprovementsforanypurposeinviolationofsuchlaws,regulations,rulesororders.TheSubdividerrepresentsandwarrantstotheCitythattheSubdividerisactingwithfullandlegalauthoritywithrespecttotheImprovements.7.Indemnification.TheSubdividershallindemnify,defendandholdharmlesstheCityanditsaffiliates,electedofficials,employees,agents,representatives,contractors,subcontractors,licenseesandinviteesfromandagainstanyandallclaims,violationsoflaw,demands,liabilities,damages,losses,judgments,costs,andexpensesincluding,withoutlimitation,attorneys’fees,arisingoutoforotherwiserelatedtoanyapprovaloractivityconductedby,oranyactoromissionof,theSubdividermadeortakenpursuanttothisAgreement.8.ResponsibilityForAgents.TheSubdividershallberesponsibleforcompliancebyitsengineers,architects,contractors,subcontractors,employees,agents,andrepresentatives(collectively,the“Representatives”)withthetermsofthisAgreementandforallactsoromissionsbyanyoralloftheRepresentativesrelatingtotheobligationsoftheSubdividerherein.9.NoAssignment.TheSubdividershallnothavetherighttoassignthisAgreementoranyrightsorobligationshereunderwithouttheCity’spriorwrittenconsent,whichconsentmaybewithheldinthesoleandabsolutediscretionoftheCity.Anyattemptedassignmentshallbevoid.NoassignmentshallrelievetheSubdividerofitsliabilitiesandobligationsherein.10.Agency.ItisneithertheexpressnortheimpliedintentofthePartiestocreateanagencyrelationshippursuanttothisAgreement;therefore,anyactionsofthePartiesshallnotbeconsideredorimpliedtocreatesuchagency.11.NoWaiver.ThefailureoftheCitytoinsistuponastrictperformanceofanyoftheterms,conditionsandcovenantshereinshallnotbedeemedawaiverofanysubsequentbreachordefaultintheterms,conditionsandcovenantshereincontained.12.EntireAgreement.ThisAgreementembodiestheentireagreementandunderstandingofthePartieswithrespecttotheconstructionoftheImprovementsandtherearenofurtherorprioragreementsorunderstandings,writtenororal,ineffectbetweenthePartiesrelatingtothesubjectmatterhereof.13.NoEndorsement.TheCityinnowaywhatsoeverisdeemedtohaveapproved,provided,given,orallowedtobegivenanyauthorization,endorsement,approval,orconsentofthebusinesspractices,actionsorbehavioroftheSubdivider.ThisAgreement,and/ortheproceduresapprovingthesame,isnowaytobeconsideredasasubstituteforanyregulations,procedureorotherrequirementoftheCity.ItisthesoleresponsibilityoftheSubdividertocomplyortoensureitsowncompliancewithanylocal,state,orfederallaworregulation.Page3of5Page 101 of 394
14.GoverningLaw.ThisAgreementshallbegovernedbyandconstruedinaccordancewiththelawsoftheStateofAlabama,withoutregardtoitsconflictsoflawprinciples.15.Attorney’sFees.IntheeventtheCityinitiateslitigationoranyotherlegalproceedingforpurposesofenforcingitsrights,dutiesandobligationshereunderandistheprevailingpartyinanysuchlitigationorotherlegalproceeding,theCityshallbeentitledtotherecoveryofitsattorney’sfeesinadditiontoanyotherremedyprovidedhereunder.16.Counterparts.ThisAgreementmaybeexecutedinoneormorecounterpartsandbythedifferentpartiesheretounderseparatecounterparts,anyoneofwhichneednotcontainthesignaturesofmorethanoneparty,butallofwhichwhentakentogethershallconstituteoneandthesameinstrumentnotwithstandingthatallpartieshavenotsignedthesamecounterparthereof.17.Headings.ThesectionheadingscontainedinthisAgreementareinsertedasamatterofconvenienceandshallnotaffectinanywaytheconstructionofthetermsofthisAgreement.18.EffectiveDate.Asusedherein,theterm“EffectiveDate”meansthedateofexecutionofthisAgreementbytheMayoroftheCityassetforthbelow.INWITNESSWHEREOF,theParties,havingfullauthoritytodoso,havefullyexecutedthisAgreementbyandthroughtheirrespectivedulyauthorizedrepresentativesasofthelastdateofexecutionbelow.HARVESTGREENWEST2022,LLCBy:______me:VItL.u€r,AsIts:\(R.)),-rDate:-/i,f2Lf-THECITYOFFAIRHOPE,ALABAMABy:___________AsItsMayorDate:________ATTEST:CityClerkPage4of5Page 102 of 394
EXHIBIT“A”TheImprovementsPage5of5Page 103 of 394
MAINTENANCEBONDESTIMATEHARVESTGREENWESTPHASEIPROJECTNO.20210929ITEMDESCRIPTIONUNITQTY.UNITPRICEAMOUNTGRADING&DRAINAGE10000PONDLINER(BENTONITE5LBS/SF)SF81,490S1.10$96,239.00101.00DAMCOREMATERIAL(BERM)CYIP767$22.00$16,874.001010018’REINFORCEDCONCRETEP1PECLASS3LF400S51.00S20,400.00103.0024’REINFORCEDCONCRETEPIPE,CLASS3LF1,618S65.00S105.170,00104.0030’REINFORCEDCONCRETEPIPE,CLASS3LF782S90.00S70,380.00105.0036’REINFORCEDCONCRETEPIPE,CLASS3LF9455117.00S110,565.00IO60042’REINFORCEDCONCRETEPIPE,CLASS4LF225$215.00S48,375.00101.00TYPES-IINLETEACH9S6,400.00S57,600.00108.00TYPES-2INLETEACH9S8,587.00S77,283.0010900WEIRINLETEACH7S6,725.00S47,075.00110.00GRATETOPINLET(DROPINLET)EACH54,950.00S4.950,00111.00DRAINAGEJUNCrIONBOXEACH4S7,215.00$28,860.00112.00OUTLETCONTROLSTRUCTURE(WEIKCONCRETEBOX)EACH3S7,980.00S23,940.0011100CONCRETESLOPEMITEREDENDSECI1ON(SINGLE)EACH6S1,650.00$9,900.0011400CONCRETESLOPEMITEREDENDSECTION(DOUBLE)EACH2S5,000.00S10,000.0011500RIP-RAP,CLASS2,24’THICKW/FILTERFABRICTON160S98.00$15,680.0011600SEEDING,FERTILIZING.&MULCHING(ALl.DISTURBEDAREAS)ACRE14S2,700.00539,015.00II100SOLIDSOD,(BEHINDCURE)SY978S5.55S5,427.90118.00SOLIDSOD,(PONDBANKS&DITCHES)SY9,430$5.55$52,336.50TOTALFORGRADING&DRAINAGES840,070.40ROADWAYS200.00GRANUlARSANDSUB-BASEMATERIAl,24’ThICKSY2,900S10.15S29,43i00201.00GRANULARSANDSUB-BASEMATERIAL.18”THICKSY12,803S7.65597,942.9520200LOWERSANDICLAYBASEMATERIAL,ALDOT301-A,TYPEA,4’THICKSY14,732S3.00$44,196.00203.00UPPERSAND)CLAYBASEMATERIAl,ALI)OT301-A,TYPEA,4’THICKSY14,732S5.25577,343.00204.00PRIMECOAT,ALDOT4OI-A,TYPEA,0.Z5GALfSYSY11,326S2.13524,350.9020500BITUMINOUSCONCRETEWEARINGSURFACE,ALDOT424-A,165LBSISYSY11,326S10.35S117,224.10206.00TYPE‘A’-2’-6’CONCRETEVALLEYGUTrERLF8,783$17.15S150,628.4520700I8’CURBANDGUTrERLF325S2200S7,150.00208.00TYPE”N’CURBLF722$19.00S13,118.00Page 104 of 394
MAINTENANCEBONDESTIMATEHARVESTGREENWESTPHASEIPROJECTNO.20210929ITEMDESCRIPTIONUNITQTV.UNITPRICEAMOUNT209.00TYPE‘E’2-0”MOUNTABLECURBLE233$25.00S5,825.00210.00TRAFFICSTRIPINGLSI$1,850.00$1,850.00211.00CONCRETESIDEWALK,5’WIDE(4’THICK)SY4,866S37.50$182,475.00212.00CONCRETESIDEWALK,8’WIDE(4’THICK)SY132S37.50S4,950.00213.00CONCRETEHANDICAPRAMI’EACH18S997.00S17,946.00214.00SPEEDLIMITSIGNW/POSTEACH2$235.005470.00215.00STOPSIGN&STREETNAMESIGNWIPOSTEACHSS740.00S3,700,002I600STOPSIGNWIPOSTEACH2S285.00S570,00217.00WETLANDBUFYERSIGNEACH34S287.00$9,758.00TOTALFORROADWAY$789,532.40WATER______________300.008’PVCWATERMAJNLF4125S36.20S149,325.00301.002’SCH.40PVCWATERMAIN(LIFTSTATION-TEMPORARY)1,5’908S10.00S9,080.00302.008’X2’MJ.REDUCERW/MEGALUGSLA$478.00S478.00303002”MJ.PLUGLA1S100,005100.00304.008’DUCTILEIRONPIPELF1260S68.00$85,680.003050016”STEELENCASEMENTLF63S63,00$3,969.003060012’TAPPINGSLEEVEANDVALVELAIS12,800.00512,800.00307.0012’X8’MJ.REDUCERLAS1,665.00S1,665.00308008’M.S.GATEVALVEWIMEGALVGSLA1352,100.00S27,300.00309.008”Mi.TEEEA4S1,350.00S5,400.00310.008’M.J.45DEGREEBENDLA6S1,100.00$6,600.00311008’MJ.90DEGREEBENDLA2S1,200.00S2,400.00312.008’M.J.22.SDEORLEBENDLA5S826.0054,130.00313008”MJ.PLUGLA4S475,00$1,900.00314.00WATERSERVICELA795935.00S73,865.003l500FIREHYDRANTASSEMBLY(INCLUDESTEE,VALVE&HYDRANT)LA12$5,785.00$69420.00TOTALFORWATERS454,112.00SEWER400,008’STEELENCASEMENTLF63S63.00S3,969.00401006”X4’TAPPINGSLEEVEANDVALVELAS5,600.00$5,600.00402.004”90DEGREEM.J.BENDEA3S650.00S1,950.00Page 105 of 394
MAINTENANCEBONDESTIMATEHARVESTGREENWESTPHASEIPROJECTNO.20210929ITEMDESCRIPTIONUNITQT.UNITPRICEAMOUNT403004”22.5DEGREEMi.BENDEA4$625.00S2,500.00404.004’PVCSEWERFORCEMAINBA3115$21.00S65,415.0040i001.5’PVCSEWERMAIN(FROMGRINDERPUMP)I.E400S15.50S6,200.00406.008”PVCGRAVITYSEWERMAJN4’-6’CUTLF610S43.55S26,565.50407008’PVCGRAVITYSEWERMAIN6’-8’CUTI.E774S46.05S35,642.70408.008’PVCGRAVITYSEWERMAINW.10’CUTI.E468S51.60S24,148.80409.008”PVCGRAVITYSEWERMAINW-12’CUTI.F477S63.00S30,051.00410008’PVCGRAVITYSEWEKMASN12’-14’CUTI.E1670S69.00S115,230.00411008”PVCGRAVITYSEWER.MAIN14’-16CUTI.E1050S94.75S99,487.5041200PRECASTCONCRETEMANHOLE4’-6’EA4S4,905.00S19,620.0041100PRECASTCONCRETEMANHOI,E,6’-8’EA455,325.00S21,300.0041400PRECASTCONCRETEMANHOLE,8-10’EAS6,082.00S6,082.0041500PRECASTCONCRETEMANHOLE,10’-12’EAS7,542.0057,542.00416.00PRECASTCONCRETEMANHOLE:12’-14’EA9S8,275.00574,475.00417.00PRECASTCONCRETEMANHOLE:14’-16’EA4S9,012.00S56,048.00418.00(IRANULARSANDBACKFILL(5’WIDE,DEPTHVARIES)(INROADWAY)CYIP591S11.1556,589.6541900CRUSHEDAGGREGATEBEDDINGMATERIAL(6’THICK)(INROADWAY)TON700$54.00S37,800.0042000SEWERLATERAL(GRAVITY)EA94S1,515.00$142,410.00421.00LIFTSTATJONHA5226,850.008226,850.00422.00GRINDERPUMP,24’DIAMETER72’DEEPHA1S6,585.00S6,585.00423.00LINEMANHOLE#11LS$5,500.00$5,500.00TOTALFORSEWER$1,007,561.15STREETTREES500.00STREETTREES(135TREES)LS1$21,785.00S21,785.00TOTALFORSTREETTREES$21,785.00GRANDTOTAL$3.113,060.95MAINTENANCEBONDAMOUNT(2YEARS@30%)$933,918.29Page 106 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-608
FROM: Richard Johnson, CITY ENGINEER
SUBJECT: The City Engineer, Richard Johnson, has requested to procure a
qualified contractor to provide all materials, equipment, labor and
incidentals to conduct Resurfacing, Restoration, and Rehabilitation
(RRR), striping, marking, base repair and limited ADA sidewalk
improvements for City of Fairhope roadway segments and/or parking
surfaces.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve the award of Bid No. 24-059-2024-PWI-025 City-wide Road Repair,
Resurfacing & Striping Project for a not-to-exceed amount of $676,007.83.
BACKGROUND INFORMATION:
A service bid was issued on July 12, 2024, posted to the City of Fairhope's website, and
published in Gulf Coast Media. Five (5) responsive bids were received at the bid
opening on August 6, 2024 at 2:00 p.m.
The City Engineer recommends the award be made to McElhenney Construction
Company. Their low bid price for the total project was Six Hundred Seventy-Six
Thousand Seven Dollars and Eighty-Three Cents ($676,007.83).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
103-55856 City-wide Street
Resurfacing
$423,000.00 $676,007.83 ($253,007.83)
103-55856 Resurfacing -
Section Street
$79,898.53 $79,898.53
103-55856 Resurfacing - CR13 $42,336.44 $42,336.44
103-55887 ADA Compliance $89,460.56 $89,460.56
Page 107 of 394
Project
103-49892 Transfers In-Gas
Fund
$41,312.30 $41,312.30
Transferring savings from various Capital Projects and Gas Department to City-wide
Resurfacing FY2024 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 108 of 394
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. 24-059-2024-PWI-025) for City-wide Road Repair, Resurfacing &
Striping Project 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
City-wide Road Repair, Resurfacing & Striping Project
[3] After evaluating the bids with required specifications, McElhenney Construction
Company is now awarded (Bid No. 24-059-2024-PWI-025) for City-wide Road
Repair, Resurfacing & Striping Project for a bid proposal not-to-exceed $676,007.83.
DULY ADOPTED THIS 26TH DAY OF AUGUST, 2024
____________________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
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PRF - Citywide Road Repair and Resurfacing
Final Audit Report 2024-07-03
Created:2024-07-02
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAcf4PkdZxOfcUUqxY90nmQsoIghDf5_c9
"PRF - Citywide Road Repair and Resurfacing" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2024-07-02 - 1:16:27 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2024-07-02 - 1:16:59 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2024-07-02 - 1:29:30 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2024-07-02 - 1:30:58 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2024-07-02 - 1:31:00 PM GMT
Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
2024-07-02 - 3:28:29 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2024-07-03 - 4:37:03 PM GMT - Time Source: server
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2024-07-03 - 4:37:05 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2024-07-03 - 8:29:56 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2024-07-03 - 8:36:04 PM GMT - Time Source: server
Agreement completed.
2024-07-03 - 8:36:04 PM GMT
Page 198 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-619
FROM: George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT: The Director of Public Works, George Ladd, is requesting approval to
participate in the Baldwin County Comprehensive Solid Waste
Management Plan.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve the City to participate in the Baldwin County Comprehensive Solid Waste
Management Plan.
BACKGROUND INFORMATION:
WHEREAS, the Baldwin County Commission, as required by §22-27-1, et seq., Code of
Alabama (1975), and without limitation, and Alabama Department of Environmental
Management (ADEM), Administrative Code, Division 13 Land Division – Solid Waste
Program, has prepared a new Baldwin County Comprehensive Solid Waste
Management Plan (Plan) for submission to ADEM covering the entire Baldwin County
jurisdiction, including unincorporated Baldwin County and Baldwin County’s 14
municipalities; and
WHEREAS, the Baldwin County Commission adopted the Plan during its regular
meeting held and conducted on July 24, 2024; and
WHEREAS, the Baldwin County Development and Environmental Director has
engaged LaBella Associates, D.P.C. to prepare a new Baldwin County Comprehensive
Solid Waste Management Plan; and
WHEREAS, the South Alabama Regional Planning Commission (SARPC), has
completed the Needs Assessment for the Comprehensive Solid Waste Management
Plan and concurs with the Plan; and
WHEREAS, the Baldwin County Commission and Baldwin County Solid Waste
Department will conduct public hearings to solicit input, and have consolidated citizen
comments and concerns into the development of the final Plan; and
WHEREAS, should any of Baldwin County’s 14 municipalities choose not to participate
in this Plan, said respective municipality is required to submit their own Solid Waste
Page 199 of 394
Management Plan to ADEM by February 2, 2025.
NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that the City of Fairhope does hereby choose to participate, and approve our
participation, in the Baldwin County Comprehensive Solid Waste Management Plan.
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 200 of 394
STATE OF ALABAMA )
COUNTY OF BALDWIN )
RESOLUTION NO. ________
WHEREAS, the Baldwin County Commission, as required by §22-27-1, et seq., Code of
Alabama (1975), and without limitation, and Alabama Department of Environmental
Management (ADEM), Administrative Code, Division 13 Land Division – Solid Waste Program,
has prepared a new Baldwin County Comprehensive Solid Waste Management Plan (Plan) for
submission to ADEM covering the entire Baldwin County jurisdiction, including unincorporated
Baldwin County and Baldwin County’s 14 municipalities; and
WHEREAS, the Baldwin County Commission adopted the Plan during its regular meeting held
and conducted on August 26, 2024; and
WHEREAS, the Baldwin County Development and Environmental Director has engaged
LaBella Associates, D.P.C. to prepare a new Baldwin County Comprehensive Solid Waste
Management Plan; and
WHEREAS, the South Alabama Regional Planning Commission (SARPC), has completed the
Needs Assessment for the Comprehensive Solid Waste Management Plan and concurs with the
Plan; and
WHEREAS, the Baldwin County Commission and Baldwin County Solid Waste Department
will conduct public hearings to solicit input, and have consolidated citizen comments and
concerns into the development of the Plan; and
WHEREAS, should any of Baldwin County’s 14 municipalities choose not to participate in this
Plan, said respective municipality is required to submit their own Solid Waste Management Plan
to ADEM by February 2, 2025.
NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that the City of Fairhope does hereby choose to participate, and approve our participation, in the
Baldwin County Comprehensive Solid Waste Management Plan.
APPROVED AND ADOPTED THIS 26TH DAY OF AUGUST, 2024
__________________________________
Corey Martin, Council President
Attest
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 201 of 394
SOLID WASTE
AUTHORITY
BALDWIN COUNTY
August5,2024
City of Fairhope
161 North Section Street
Fai rhope, AL 36532
ATTN : George Ladd
baldwincountyswda.org
Office: 251 .972.6878
15093 Landfill Dr.
Summerdale, AL 36580
RE: Baldwin County Comprehensive Solid Waste Management Plan 2025-2035
Dear Mr. Ladd,
This letter is to inform you that The Solid Waste Disposal Author ity of Ba ldwin Co un ty
(SWDA), AL , Inc. on behalf of the Baldwin County Commission is in the process of preparing a
Comprehensive Solid Waste Management Plan for Baldwin County. SWDA has engaged
LaBella Associates , D.P.C. (LaBella), to prepare a new Baldwin County Com preh ensive Solid
Waste Management Plan (Plan). As required by §22 -27-47 , Code of A laba ma (1 975), and
Alabama Department of Environmental Management (ADEM), Adm inistrati ve Code , Divis ion 13
Land Division -Solid Waste Program, all local government jurisdictions in Alabama must have
coverage under an adopted Plan. As was the case of the previous Plan , the Plan currently be ing
developed for submission to ADEM covers the entire Baldwin County jurisd iction , includ ing•
unincorporated Baldwin County and Baldwin County 's 14 municipalities.
• The Solid Waste Disposal Authority of Baldwin County, AL, Inc. is assuming the costs
involved in preparing this plan and will include all municipalities choosing to participate. Any
municipality not participating is required to submit their own plan to ADEM , no later than
February 2 , 2025. Please be advised that this plan development should not limit , or dictate , any
municipality's collection or disposal of solid waste.
-
This letter serves as the Baldwin County Comm ission 's not ification to part icipat in g
municipalities of the Plan Schedule and information needed to begin compiling the data needed
to create the new ten (10) year plan. The Cost Allocation Form is enclosed fo r completion by
your entity and is to be returned to the SWDA·no later than September 1, 2024. SWDA is
requesting a reply indicating your desire to be included or excluded from the plan.
Eastfork Landfill
29751 Eas t fo rk Landfill Dr.
Elberta, AL 36530
MacBrlde Landfill
26941 McBride Rd .
Loxley, AL 36551
Magnolia Landfill
15093 Landfill Dr.
Summerda le, AL 36580
Bay Minette Transfer Station
43205 N icholsville Rd .
Bay Mine tte, AL 36507
Page 202 of 394
SOLID WAST E
AUTHORITY
BALDWIN COUNTY
An expedited plan development schedule is presented be low.
► July 24 , 2024 SWDA/Mun icipa lit ies Mee ti ng
► August 1, 2024 SWMP Letters to Munici pa liti es
► August 15 , 2024 SWDA lnpuUChanges to SWMP
► September 1 , 2024 Return of Municipal Surveys
baldwlncountyswda.org
Office: 251 .972.6878
15093 Landfill Dr.
Summerdale , AL 36580
► September 17 , 2024 Baldwin County Comm iss ion Information
► October 1, 2024 Draft SWMP for County/Mun icipality Rev iew
► November 1, 2024 Draft SWM P for ADEM pre-view
► December 13 , 2024 Public Notice for Hearing
► January 21 , 2025 Publ ic Hearing
► February 4 , 2025 County Commission SWMP Adoption
• ► February 7, 2025 SWMP Submittal to ADEM
► February 2025 ADEM Approval
If you have any questions , Terri Graham , CEO, will be the point of contact and she can
be reached at (251) 972-6878 .
Enclos ure
Eastfork Landfill
29751 Eastfork Landfill Dr.
Elbert a, A L 36530
Sincere ly,
Terri Graham, CEO
Solid Waste Disposal Authority of Baldwin County, AL, Inc.
Mac:Brlde Landfill
26941 McBride Rd .
Lox ley, AL 36551
Magnolia Landfill
15093 Landfill Dr.
Summerdale, AL 36580
Bay Minette Transfer Station
43205 Nicholsville Rd .
Bay Minette, AL 36507
Page 203 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-621
FROM: Richard Johnson, CITY ENGINEER
George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT: 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 striping Manley
Road (from U. S. Highway 98 to County Road 13) and Thompson
Hall Road (from Twin Beech Road to Fairhope Avenue).
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
City Council adoption Resolution 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 striping Manley Road (from U. S.
Highway 98 to County Road 13) and Thompson Hall Road (from Twin Beech Road to
Fairhope Avenue).
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:
Page 204 of 394
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 205 of 394
RESOLUTION NO. _____
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 striping Manley Road (from U. S.
Highway 98 to County Road 13) and Thompson Hall Road (from Twin Beech Road
to Fairhope Avenue).
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 206 of 394
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C & F/Hwy Dept/Service Agreements – Intergovernmental Service Agreement – City of Fairhope – Striping
INTERGOVERNMENTAL SERVICE AGREEMENT
This Intergovernmental Service Agreement (“Agreement”) is entered into by and between the
Baldwin County Commission (hereinafter “County”) and the City of Fairhope, Alabama (hereinafter
“City”), as follows:
R E C I T A L S
Whereas, County is the duly formed governing body in and for Baldwin County, Alabama, and
City is an incorporated municipality of the State of Alabama; and
Whereas, County and City are authorized under Alabama law to control, manage, supervise,
regulate, repair, maintain and improve (hereinafter collectively “control”) certain public roads inside their
respective jurisdictions; and
Whereas, with the consent of the City Council of a municipality, the County may establish,
construct, and maintain any road or street within the corporate limits of such municipality; and
Whereas, County and City acknowledge and agree that the roads listed below, as identified and
depicted on Exhibit A hereto, are situated inside the present incorporated municipal limits of City, and are
roads over which City is responsible for and over which City exercises control; and
Whereas, the City has requested that the County assist the City in its efforts to perform striping
on the following roads inside Fairhope City Limits:
Road Name From/To Distance
Manley Road From U.S. Highway 98 to County Road 13 1.00 miles
Thompson Hall Road From Twin Beech Road to Fairhope Avenue 1.50 miles
Whereas, the County submitted an Estimate Sheet (Exhibit B) identifying an approximation (i.e.
$4,996.70) of the actual value for labor and equipment that the County has placed upon the service to
stripe the roads listed above; and
Whereas, the City wishes for the County to perform the requested services even though the
Estimate Sheet (Exhibit B) may or may not reflect the actual cost incurred by the County to perform said
services on behalf of the City; and
Whereas, the City agrees to remit to the County any and all actual costs for labor and equipment
incurred by County in its performance of this Agreement; and
Whereas, County and City now wish to enter into this Agreement to provide striping on the roads
listed above which are inside the City’s jurisdiction.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the sufficiency of which being hereby acknowledged, County and City do hereby agree as follows:
1. Recitals: The recitals set out above are incorporated into this Agreement, as though the
same were set out in full in this paragraph.
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C & F/Hwy Dept/Service Agreements – Intergovernmental Service Agreement – City of Fairhope – Striping
2. Purpose: The parties acknowledge and agree that the purpose of this Agreement is to
provide for striping on the above listed public roads and rights-of-way inside the corporate
limits of the City.
3. City Remains Owner of Right-of-Way: The City, at all times, including during the
effective term of this Agreement and beyond, shall retain exclusive responsibility for and
control over the road portions specifically identified and depicted on Exhibit A hereto. The
County shall obtain no rights, responsibilities or control over the road portions as a result of
this Agreement or the duties and/or obligations contained anywhere herein either during or
following the effective term of this Agreement. Nothing contained herein shall be construed
to require or result in the County assuming responsibility for any public streets inside the
Fairhope City Limits.
4. No Joint Ownership of Property: The parties acknowledge and agree that they will not
jointly acquire, own or otherwise come into joint or common possession of any property as a
result of or in relation to this Agreement.
5. Inapplicability to Roads Not Expressly Identified: The parties acknowledge and agree that
this Agreement does not address or affect, and that the parties do not intend by this
Agreement to address or affect, the responsibility for or control of any road or road portion
not expressly identified and depicted herein.
6. Financing and Budgeting: Each party shall be responsible for financing the obligations
undertaken by that party hereunder, and shall not be responsible for financing, or in any other
manner contributing to, the costs or expenses of the obligations undertaken by the other party
unless expressly identified herein.
7. Approval and Effective Date: This Agreement shall become effective upon the date of full
execution by both parties (“Effective Date”).
8. Term: The term of this Agreement shall be for twelve (12) months from its Effective Date.
This document may be amended only upon written approval by the Parties hereto, and any
such amendment shall be approved by the same method by which this original Agreement has
been approved by the Parties.
9. Services to be Performed by County:
A. Perform striping on above listed roads.
B. Remit invoice to the City for all actual labor and equipment costs incurred.
Note: County cannot sell bid item materials to the City.
10. Services to be Performed by City (the Project):
A. Comply with all necessary local, State and Federal rules, regulations and laws applicable
to the Project and this Agreement.
B. Furnish and/or acquire all necessary property rights, including without limitation any
necessary access and ownership rights, for access to the rights-of-way without cost or
liability to the County.
C. Adjust and/or relocate all utilities for the project without cost to the County, if applicable.
D. Promptly remit payment within 30 days of the receipt of invoice for all actual labor and
equipment costs incurred by the County.
E. Provide any materials necessary for the work.
Page 208 of 394
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C & F/Hwy Dept/Service Agreements – Intergovernmental Service Agreement – City of Fairhope – Striping
11. Termination and Notice: Notwithstanding the foregoing, either party may terminate this
Agreement, with or without cause, upon written notice to the other party. A party’s said
notice shall be deemed effective, and the Agreement deemed terminated thirty (30) days after
the date such notice is mailed by certified mail to the other party. In the event of termination
by either party, the City shall be responsible for all costs incurred by the County through the
date of receipt of the requisite termination notice. All notices provided for herein shall be sent
as follows:
To City: City of Fairhope
P.O. Drawer 429
Fairhope, Alabama 36533
To County: Baldwin County Commission
312 Courthouse Square, Suite 12
Bay Minette, Alabama 36507
12. Indemnity: City accepts the improvement, work, property, product and services of the
County as a result of the Project in its “WHERE IS”, “AS IS”, condition and acknowledges
that the County has made no representation or warranty to City as to, and has no obligation
for the condition of the improvements, work, property, product and services of the County.
City assumes the risk of any latent or patent defects or problems that are or may be contained
in the improvements, work, property, product and services of the County or City. City agrees
that the County shall not be liable for any injury, loss or damage on account of any defects or
problems. City for itself and City Representatives waive and release the County from any
claims for injury to persons or damage to the personal property by reason of the condition of
the improvements, work, property, product and services of the County or otherwise.
Furthermore, to the fullest extent allowed by law, City shall defend, indemnify and hold
County harmless from and against all demands, actions and claims of any description
whatsoever, for property damage, personal injury (including death), actions in trespass and all
other claimed loss, injury or damage, including, but not limited to, attorneys' fees and costs,
arising out of, relating to, or resulting from, any and all acts or omissions in relation to the
obligations hereunder.
All guarantees, duties, representations, assurances, without limitation, contained within this
Agreement shall survive and exist beyond the date of termination or expiration of this
Agreement, and time, or the lapse thereof, shall not be used for or argued as a defense for the
City against the same.
Nothing contained herein shall be construed to limit or modify the laws of Alabama as the
same may apply to the County or City or in any way diminish any immunity, absolute or
qualified, to which the County and City are otherwise entitled by law.
13. Entire Agreement: This Agreement represents the entire and integrated agreement between
County and City and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by the
parties.
Page 209 of 394
4 of 6
C & F/Hwy Dept/Service Agreements – Intergovernmental Service Agreement – City of Fairhope – Striping
14. Both Parties Contributed Equally to the Agreement. This Agreement shall not be
construed more strictly against one party than against the other merely by virtue of the fact
that it may have been prepared by counsel for one of the parties, it being recognized that both
County and City have contributed substantially and materially to the preparation of this
Agreement.
15. Failure to Strictly Enforce Performance: The failure of either party to insist upon the
strict performance of any of the terms, covenants, agreements and conditions of this
Agreement shall not constitute a default or be construed as a waiver or relinquishment of the
right of a party to thereafter enforce any such term, covenant, agreement or condition, but the
same shall continue in full force and effect.
16. Assignment: Neither this Agreement nor any interest herein shall be assigned, transferred or
otherwise encumbered without a prior written agreement providing for such assignment,
transfer or other encumbrance signed by the parties.
17. Choice of Law: The parties acknowledge and agree that this Agreement shall in all
respects be governed by the laws of the state of Alabama, including, without limitation, all
issues relating to capacity, formation, interpretation and available remedies, without regard to
Alabama conflict of law principles.
Page 210 of 394
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C & F/Hwy Dept/Service Agreements – Intergovernmental Service Agreement – City of Fairhope – Striping
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of full
execution below.
COUNTY:
BALDWIN COUNTY
/
BILLIE JO UNDERWOOD / DATE
CHAIRMAN
ATTEST:
/
ROGER H. RENDLEMAN / DATE
COUNTY ADMINISTRATOR
STATE OF ALABAMA )
COUNTY OF BALDWIN )
I, , a Notary Public in and for said County, in said State,
hereby certify that BILLIE JO UNDERWOOD, and ROGER H. RENDLEMAN, whose names as
Chairman and County Administrator of the Baldwin County Commission, respectively, are signed to
the foregoing instrument and who are known to me, acknowledged before me on this date that, being
informed of the contents of said instrument, they executed the same voluntarily with full authority to do
so for and as an act of the Baldwin County Commission.
Given under my hand and official seal this the day of , 2024.
Notary Public
My Commission Expires:
Page 211 of 394
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C & F/Hwy Dept/Service Agreements – Intergovernmental Service Agreement – City of Fairhope – Striping
CITY:
THE CITY OF FAIRHOPE
/
SHERRY SULLIVAN /Date
MAYOR
ATTEST:
/
LISA A. HANKS /Date
CITY CLERK
STATE OF ALABAMA )
COUNTY OF BALDWIN )
I, , a Notary Public, in and for said County in said
State, hereby certify that SHERRY SULLIVAN, and LISA A. HANKS, whose names as Mayor and City
Clerk of CITY OF FAIRHOPE, respectively, are signed to the foregoing instrument and who are known to
me, acknowledged before me on this day that, being informed of the contents of this instrument, they
executed the same voluntarily with full authority to do so for and as an act of the City of FAIRHOPE,
Alabama.
Given under my hand and official seal this the day of , 2024.
Notary Public
My Commission Expires:
Page 212 of 394
Page 213 of 394
Baldwin County Highway Department Estimate SheetDATE7/30/2024REQUESTED BY: Tyler MitchellLOCATIONFairhopeScope of Work: Stripe Manley RD from US 98 to Cr 13, Thompson Hall Rd from Twin Beech RD to Fairhope AveITEM DESCRIPTION UNITS QUANTITY UNIT COST SUBTOTAL1 EQUIPMENTTraffic OpsEQ# 697472019 F450 Crew Cab TruckHours1035.85$ 358.50$ EQ# 116502022 Peterbilt 520 Flatbed Paint TruckHours2092.74$ 1,854.80$ EQ# 188032024 Superior BroomHours495.85$ 383.40$ Total2,596.70$ 2LABOR Traffic Ops 4 EMPLOYEES HOURS 80 30.00$ 2,400.00$ Total 2,400.00$ 3MATERIAL Paint (White) GAL 190 $14.00 2,660.00$ Paint (Yellow) GAL 190 $13.50 2,565.00$ Glass Beads‐Type IV LBS 2,660 $1.05 2,793.00$ Glass Beads Type‐I LBS 1,900 $0.62 1,178.00$ Total 9,196.00$ Total cost Estimate 16,789.40$ Total Distance 13,200'Page 214 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-617
FROM: Richard Johnson, CITY ENGINEER
SUBJECT: City Engineer, Richard Johnson, is requesting the hiring of a
professional engineer for RFQ PS24-033 Professional Engineering
Services for the Review of Traffic Movements and Intersection
Geometry at the Intersection of Fairhope Avenue and Ingleside
Street.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve negotiated not-to-exceed amount of $8,500.00 for this project and allow the
Mayor to execute a contract with Neel-Schaffer, Inc.
BACKGROUND INFORMATION:
City Engineer, Ricahrd Johnson, is requesting the hiring of a professional engineer for
RFQ PS24-033 Professional Engineering Services for the Review of Traffic Movements
and Intersection Geometry at the Intersection of Fairhope Avenue and Ingleside Street.
The work to be performed is for professional engineering associated with the project,
which will include the following:
Task 1: Documentation of Existing Conditions
Task 2: Analysis of Conceptual Layouts
Task 3: Preparation of Report
The Mayor and the City Engineer would like to establish a not-to-exceed amount for
Professional Engineering Services of Eight Thousand Five Hundred Dollars ($8,500.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001350-
50290
Streets -
Professional
Services
$0.00 $8,500.00 ($8,500.00)
Will include in FY2025 Streets - Professional Services budget.
Page 215 of 394
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 216 of 394
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 with Neel-Schaffer, Inc. for Professional Engineering Services
(RFQ PS24-033) for the Review of Traffic Movements and Intersection Geometry at
the Intersection of Fairhope Avenue and Ingleside Street with a not-to-exceed amount
of $8,500.00.
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 217 of 394
engineers|planners|surveyors|environmentalscientists|landscapearchitectsP: 251.471.2000 | F: 251.471.5997
5 Dauphin Street, Suite 200
Mobile, AL 36602
www.neel-schaffer.com
July 23, 2024
Mr. Richard Johnson, PE
Public Works Director
City of Fairhope
555 S. Section Street
P.O. Box 429
Fairhope, AL 36533
Re: Fairhope Avenue & Ingleside Street
Fairhope, Alabama
Dear Mr. Johnson:
Neel-Schaffer is pleased to offer this Letter of Agreement for professional traffic and
transportation services. Our services consist of reviewing the traffic movements and intersection
geometry at the intersection of Fairhope Avenue and Ingleside Street and providing
recommendations for geometric improvements.
The analysis will be divided into three Tasks: 1) Documentation of existing conditions, 2) Analysis
of conceptual layouts, and 3) Preparation of Report.
Task 1– Documentation of Existing Conditions:
Upon receipt of an executed contract, Neel-Schaffer will initiate this analysis. Neel-Schaffer will
meet at the site to review the project site. A field inspection of the project site will be conducted
to document the existing conditions of the site and traffic control within the project limits.
Twelve-hour turning movement counts will be conducted at the intersection of Fairhope Avenue
and Ingleside Street. The traffic count will be used to document the existing traffic volumes. The
operational characteristics of the street traffic will be evaluated using the information provided
in the Highway Capacity Manual (HCM).
Task 2 – Analysis of Conceptual Layouts:
Neel-Schaffer will prepare several alternative conceptual layouts of the intersection. Neel-
Schaffer will conduct traffic analysis of each conceptual layout and prepare generalized cost
estimates for each layout.
Task 3 – Preparation of Report
Documentation of the traffic review will be prepared in a report documenting the results to the
client. The report will also include concept rankings.
Page 218 of 394
Fee, Schedule & Billing
Neel-Schaffer proposed to provide these services for a lump sum fee of $8,500. The report will
be completed within 8 weeks of receipt of a Notice to Proceed and receipt of an executed
agreement.
Neel-Schaffer will bill you monthly as outlined in this agreement. Payments for our services will
be due within 30 days of the invoice date and is not dependent on any factor except our ability to
provide services in accordance with generally accepted standards of our profession.
If additional services outside this scope of services, are required (and authorized by you in
writing), the cost will be based on the attached 2024 Rate Schedule as detailed in Exhibit A.
Additional Services
If other engineering services are requested by the Client, not included in Tasks 1-3, these services
will be considered additional services and will be provided (if authorized by you, in writing) based
on the attached 2024 Rate Schedule as detailed in Exhibit A.
General Terms and Conditions
These services will be provided in accordance with Exhibit B, General Terms and Conditions. This
proposal, the 2024 Rate Schedule, and General Terms and Conditions, represent the entire
understanding between the City of Fairhope and Neel-Schaffer with respect to the services to be
provided and may only be modified in writing by both parties. If the terms of this Letter
Agreement are acceptable, please execute both originals and return one of them to us.
If you have any questions, please call me at (251) 545-1219. We appreciate the opportunity to
provide these services and look forward to working with you.
Sincerely,
NEEL-SCHAFFER, INC.
Shane M. Bergin, P.E., PTOE
Professional Traffic Engineer
Attachments: Exhibit A – 2024 Rate Schedule
Exhibit B – General Terms and Conditions
Page 219 of 394
Accepted: City of Fairhope
By: ________________________, Title
Date: ________________________
Page 220 of 394
The hourly rates as shown on this rate schedule shall be subject to equitable adjustment on an annual basis due to increased costs
and the rate of inflation.
NEEL-SCHAFFER, INC.
2024 RATE SCHEDULE FOR PROFESSIONAL SERVICES
EMPLOYEE
CLASSIFICATION POSITION HOURLY RATE
P-8, P-9 Officer, Senior Engineer Manager or Survey Manager $275.00
P-7 Engineer Manager/Professional IV $245.00
P-6 Senior Project Manager/Professional III $215.00
P-5 Project Manager/Professional II $170.00
P-4 Professional I $140.00
P-1, P-2, P-3 Professional Intern $125.00
T-6 Senior Certified Engineering Technician $160.00
T-5 Certified Engineering Technician/Supervisory Technician $150.00
T-4 Technician IV/ Inspector IV/ Surveyor IV $130.00
T-3 Technician III/Inspector III//Survey Crew Chief $110.00
T-2 Technician II/Inspector II/Survey Instrument Person $90.00
T-1 Technician I/Inspector I/Survey Assistant $80.00
T-1 Student Intern $45.00
A-4 Senior Administrative $95.00
A-3 Senior Clerical $90.00
A-2 Clerical $70.00
A-1 Assistant Clerical $60.00
Three-Member Survey Party $215.00
Two-Member Survey Party $170.00
One-Member Survey Party $130.00
“Professional” positions include engineer, architect, geologist, scientist, landscape architect, and planner.
“Technician” positions include engineering, soil, architecture, planning, GIS and information technology.
REIMBURSABLE EXPENSE SCHEDULE
EXPENSE COST
Vehicle Mileage $0.67/mile
Traffic Counter/Video Monitor $10.00/day
All other expenses, including contract reproduction/printing, travel and subsistence, parking, communications,
equipment rental, postage and overnight mail, and supplies will be reimbursed at actual cost.
Use State or Federal Rates for mileage, travel and subsistence where necessary and/or required.
Page 221 of 394
EXHIBIT B
GENERAL TERMS AND CONDITIONS
PROFESSIONAL SERVICES
Neel-Schaffer, Inc Page 1 of 3 Rev. 12-12-2023
1. Relationship between Consultant and Client. Neel-Schaffer, Inc. (“Consultant”) shall serve as the Client's
professional consultant in those phases of the Project to which this Agreement applies. The relationship is that of a
buyer and seller of professional services and it is understood that the parties have not entered into any joint venture or
partnership with the other. Consultant shall not be considered to be the agent or fiduciary of the Client.
2. Responsibility of Consultant. Consultant will perform services under this Agreement in a manner consistent with that
standard of care and skill ordinarily exercised by members of the same profession currently practicing in the same
locality under similar conditions (the “Standard of Care”). No other representation, warranty or guarantee, express or
implied, is included or intended in this Agreement or in any report, opinion, document, or otherwise.
3. Responsibility of the Client. Client shall provide all information and criteria as to its requirements for the Project,
including budgetary limitations. Consultant shall be entitled to rely upon the accuracy and completeness of any and all
information provided by Client. If applicable to the scope of work, Client shall arrange for Consultant to enter upon
public and private property and obtain all necessary approvals required from all governmental authorities having
jurisdiction over the Project. Client shall provide reasonable notice to Consultant whenever Client becomes aware of
any development that affects the scope or timing of Consultant's services.
Client shall notify the Consultant of any deficiency in the Consultant’s services of which the Client becomes aware, so
that Consultant may take measures to minimize the consequences of such deficiency. Client’s failure to notify the
Consultant shall relieve the Consultant of any liability for costs to remedy the deficiency above the sum such remedy
would have cost had prompt notification been given when such defects were first discovered.
4. Construction Phase Services. If Consultant’s scope of services includes the observation and monitoring of work
performed by Client’s other contractors, Consultant shall provide personnel to observe and monitor the work in
accordance with the Standard of Care in order to ascertain that it is being performed in general conformance with the
plans and specifications. Consultant shall not supervise, direct, or have control over any construction contractor’s work.
Consultant shall not have authority over or responsibility for construction means, methods, techniques, sequences or
procedures or for safety precautions and programs in connection with the work of the construction contractor.
Consultant does not guarantee the performance of the construction contractor and does not assume responsibility for
the contractor’s failure to furnish and perform its work in accordance with the plans and specifications.
5. Ownership of Documents. All reports, drawings, specifications, data, calculations, notes, and other documents,
including those in electronic form prepared by Consultant are instruments of Consultant’s service that shall remain the
property of Consultant. Client agrees not to use the deliverables for projects other than the Project for which the
documents were prepared by Consultant, or for future modifications to the Project, without Consultant’s express written
consent. Any reuse or distribution to third parties without such express written permission or project-specific adaptation
by Consultant will be at the Client’s sole risk and without liability to Consultant or its employees, subsidiaries, and
subconsultants.
6. Opinion of Costs. When required as a part of its scope of services, Consultant will furnish opinions or estimates of
construction cost on the basis of Consultant’s experience and qualifications, but Consultant does not guarantee the
accuracy of such estimates. The parties recognize that Consultant has no control over the cost of labor, material,
equipment, or services furnished by others or over market conditions or contractors’ methods of determining prices.
7. Suspension of Services. Client may, at any time, by written notice, suspend the services of Consultant. Upon receipt
of such notice, Consultant shall take all reasonable steps to mitigate costs allocable to the suspended services. Client,
however, shall pay all reasonable and necessary costs associated with such suspension including the cost of assembling
documents, personnel and equipment, rescheduling or reassignment costs necessary to maintain continuity and the staff
required to resume the services upon expiration of the suspension.
8. Termination. This Agreement may be terminated by either party upon 30 days' written to the other party. Upon such
termination, Client shall pay Consultant for all services performed up to the date of termination. If Client is the
terminating party, Client shall pay Consultant all reasonable cost and expenses incurred by Consultant in effecting the
termination, including but not limited to non-cancellable commitments and demobilization costs, if any.
Page 222 of 394
EXHIBIT B
GENERAL TERMS AND CONDITIONS
PROFESSIONAL SERVICES
Neel-Schaffer, Inc Page 2 of 3 Rev. 12-12-2023
9. Indemnification. Consultant shall indemnify and hold harmless Client from and against those damages and costs
(including reasonable attorneys’ fees) that Client incurs as a result of third party claims for personal injury or property
damage to the extent caused by the negligent acts, errors or omissions of Consultant.
To the fullest extent permitted by law, Client shall indemnify and hold harmless Consultant from and against those
damages and costs (including reasonable attorneys’ fees) that Consultant incurs as a result of third party claims for
personal injury or property damage to the extent caused by the negligent acts, errors or omissions of Client.
10. Legal Proceedings. In the event Consultant or its employees are required by Client to provide testimony, answer
interrogatories, produce documents or otherwise provide information in relation to any litigation, arbitration, proceeding
or other inquiry arising out of Consultant’s services, where Consultant is not a party to such proceeding, Client will
compensate Consultant for its services and reimburse Consultant for all related direct costs incurred in connection with
providing such testimony or information.
11. Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns; provided however, that neither party shall assign this Agreement in whole or in
part without the prior written consent of the other party.
12. Insurance. Consultant agrees to maintain the following insurance coverage with the following limits of insurance
during the performance of Consultant’s work hereunder:
(a) Commercial General Liability insurance with standard ISO coverage and available limits of $1,000,000 per
occurrence and $2,000,000 general aggregate;
(b) Automobile Liability insurance with standard ISO coverage and available combined single limits of $1,000,000
per accident;
(c) Worker’s Compensation insurance with limits as required by statute and Employer’s Liability insurance with limits
of $1,000,000 per employee for bodily injury by accident/$1,000,000 per employee for bodily injury by
disease/$1,000,000 policy limit for disease; and
(d) Professional Liability insurance covering the Consultant’s negligent acts, errors, or omissions in the performance
of professional services with available limits of $1,000,000 per claim and annual aggregate.
Consultant shall provide a certificate of insurance evidencing such insurance coverage to Client prior to the start of
Consultant’s work and annually upon renewal of coverage. Consultant shall cause Client to be named as an additional
insured on Consultant’s commercial general liability and auto liability policies, which shall be primary and
noncontributory.
13. Consequential Damages. Neither Client nor Consultant shall be liable to the other or shall make any claim for any
special, incidental, indirect or consequential damages arising out of, or connected in any way to the Project or this
Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of
income, loss of reputation, loss of business or diminution of property value and shall apply regardless of legal theory
such damages are alleged including negligence, strict liability, breach of contract and breach of warranty.
14. Payment. Unless agreed to otherwise, Consultant shall submit monthly invoices to the Client. Payment in full shall
be due upon receipt of the invoice. Payment of any invoices by the Client shall be taken to mean that the Client is
satisfied with the Consultant’s services to the date of the payment and is not aware of any deficiencies in those services.
If payments are delinquent after 30 days from invoice date, the Client agrees to pay interest on the unpaid balance at
the rate of one percent (1%) per month. If the Client fails to make payments when due; then Consultant, after giving
seven (7) days written notice to the Client, may suspend services until the Client has paid in full all amounts due for
services, expenses, and other related charges without recourse to the Client for loss or damage caused by such
suspension. Payment for Consultant’s services is not contingent on any factor, except the Consultant’s ability to provide
services in a manner consistent with the Standard of Care. If the Client contests an invoice, the Client may withhold
only that portion so contested and shall pay the undisputed portion.
15. Force Majeure. Neither Client nor Consultant shall be liable for the failure to perform (except Client’s obligation to
make payment when due) caused by any contingency beyond their reasonable control, including but not limited to, acts
of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies.
Page 223 of 394
EXHIBIT B
GENERAL TERMS AND CONDITIONS
PROFESSIONAL SERVICES
Neel-Schaffer, Inc Page 3 of 3 Rev. 12-12-2023
16. Compliance with Laws. To the extent applicable to Consultant’s services, Consultant shall exercise due professional
care to comply with all applicable laws, including ordinances of any political subdivisions or governing agencies.
17. Invalid Terms. If any provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions
shall be valid and binding as if the unenforceable provisions were never included in the Agreement.
18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state where
the services are performed.
19. Dispute Resolution. All disputes, controversies or claims, of whatever kind or character, between the Parties, their
agents and/or principals, arising out of or in connection with the subject matter of this Agreement shall be litigated in a
court of competent jurisdiction.
20. Additional Services. Consultant shall be entitled to an equitable adjustment to its fee and schedule for additional
services resulting from significant changes in the general scope, extent or character of the Project or its design including, but
not limited to, changes in size, complexity, Client’s schedule, construction schedule, character of construction or method of
financing; and revising previously accepted studies, reports, design documents or other documents when such revisions are
required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such
studies, reports or documents, or are due to any other causes beyond Consultant’s control.
21. Amendment. This Agreement may only be amended in writing and where such amendment is executed by a duly
authorized representatives of each party.
22. Entire Understanding of Agreement. This Agreement represents and incorporates the entire understanding of the
parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings
of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein.
Client and Consultant hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar
documents executed or delivered with respect to the subject matter hereof that conflict with the terms of this Agreement
shall be null, void and without effect to the extent they conflict with the terms of this Agreement.
23. Survival of Provisions. The provisions of this Agreement shall continue to be binding upon the parties hereto
notwithstanding termination of this Agreement for any reason.
24. Nonwaiver. No waiver by a party of any provision of this Agreement shall be deemed to have been made unless in
writing and signed by such party.
25. Identity of Project Owner. Within ten (10) days of the entry of this Agreement, Client, if Client is not the Project
Owner, shall provide to Consultant the Project Owner’s full legal name; Project Owner’s physical address; Project
Owner’s mailing address; and the name, physical address and mailing address of the Client’s point of contact with the
Owner for the Project.
26. Conflicting Terms. If there are multiple agreements with varying or conflicting terms and conditions between Client
and Consultant, the terms and conditions contained in this Agreement shall supersede and have precedence over any
other conflicting terms and conditions contained in any other written or oral agreement.
[The remainder of this page intentionally left blank]
Page 224 of 394
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Richard D Johnson Date: 07/23/2024
Department: Public Works - Engineering
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. Neel-Schaffer, Inc. $ 8,500.00
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? Professional Engineering Services for Intersection Safety &
Functional Improvements at the intersection of Fairhope Ave. & Ingleside St.
2. What is the total cost of the item or service? $8,500.00
3. How many do you need? Click or tap here to enter text.
4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Neel Schaffer. Inc.
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: Click or tap here to enter text.
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 225 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-575
FROM: Nicole Love, Grants Coordinator
SUBJECT: That the City Council endorses the Comprehensive Watershed
Management Plan for the Eastern Shore created by the Mobile Bay
National Estuary Program (MBNEP) in July 2023; and that the City
Council acknowledges the importance of the watershed plan findings
and agrees to be an active partner in implementation efforts when
appropriate.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
Approval
BACKGROUND INFORMATION:
The Eastern Shore Comprehensive Watershed Management Plan located in
Baldwin County, Alabama, was prepared by the Mobile Bay National Estuary
Program and other concerned community leaders with interest in the long -term
viability of water quality and living resources of this area. In agreement with the
spirit and goals of this plan and acknowledging the environmental and economic
importance and value of these watersheds, a call for intergovernmental
cooperation is necessary to successfully achieve the continuous improvement of
the management of these vital coastal resources. The City of Fairhope already
has an existing partnership in place with the MBNEP. Link to the Watershed
Plan: https://www.mobilebaynep.com/watersheds/eastern -shore
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
Page 226 of 394
RESOLUTION NO. _________
RESOLUTION IN SUPPORT OF THE EASTERN SHORE
COMPREHENSIVE WATERSHED MANAGEMENT PLAN
The Eastern Shore Comprehensive Watershed Management Plan located in Baldwin County,
Alabama, was prepared by the Mobile Bay National Estuary Program and other concerned community
leaders with interest in the long-term viability of water quality and living resources of this area. In
agreement with the spirit and goals of this plan and acknowledging the environmental and economic
importance and value of these watersheds, a call for intergovernmental cooperation is necessary to
successfully achieve the continuous improvement of the management of these vital coastal resources.
WHEREAS, the Fly Creek watershed is part of the Eastern Shore, located in southwest Baldwin County
and within the governing entities of Baldwin County, the cities of Daphne and Fairhope, and portions of
the communities of Montrose, Houstonville, Point Clear, and Barnwell; and
WHEREAS, Eastern Shore drains 22,400 acres and contributes to the health and vitality of its receiving
waters in Mobile Bay; and
WHEREAS, the landscape of this watershed encompasses a variety of ecosystems including but not
limited to marshes, wetlands, forests, coastal habitats; and
WHEREAS, conversion of the natural landscape to impervious cover has caused increases in volume and
velocity of stormwater runoff, resulting in increased flooding; non-point source pollution impacts that
include trash and litter, pathogens, and nutrients; channel erosion; degraded habitats and infrastructure;
and deteriorated water quality in its tributaries and creeks that ultimately transport non-point source
pollution and sediment into Mobile Bay; and
WHEREAS, one segment of water in the Watershed is listed on the 2024 Alabama 303(d) list for
pathogens; and
WHEREAS, a Comprehensive Watershed Management Plan for the Eastern Shore completed in August
2023 documented the current state of habitat and water quality in the Watershed; described major
pollutants; assessed future climate change scenarios; characterized recreational access opportunities;
highlighted areas cultural significance; evaluated potential improvement measures and practices; and
recommended a prioritized list of watershed improvement actions; and
NOW THEREFORE BE IT RESOLVED BBY THE FAIRHOPE CITY COUNCIL, that it endorses
the Comprehensive Watershed Management Plan for the Eastern Shore; and
BE IT FURTHER RESOLVED, that the City of Fairhope acknowledges the importance of the
watershed plan findings and in full support, agrees to be an active partner in implementation efforts when
appropriate.
ADOPTED AND APPROVED THIS 26TH DAY OF AUGUST, 2024
_________________________________
Corey Martin, Council President
ATTEST:
_________________________________
Lisa A. Hanks, MMC
City Clerk
Page 227 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-569
FROM: Nicole Love, Grants Coordinator
SUBJECT: That the City Council hereby authorizes acceptance of an ADECA
General Fund appropriation of $1,000,000.00 (Grant #AL-LI-25-001);
and authorizes Mayor Sherry Sullivan to sign all necessary
documents. This funding will supplement an EDA grant of
$2,500,000.00 to renovate the K1 Center to serve as a business
resource hub, Hatch.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
Approval of resolution
BACKGROUND INFORMATION:
The City of Fairhope will renovate an historical former school building to serve as a
business resource hub for emerging technology entrepreneurs and companies. The
renovation includes demolition, remediation of existing walls, new interior partition walls,
new roofing, new doors and windows, all new interior systems and external site work.
The US EDA has approved an investment of $2,500,000.00 for this project. The City of
Fairhope will provide 20% matching funds of $625,000.00 and Baldwin County
Economic Development Alliance will also be contributing funding.
This funding will supplement an EDA grant of $2,500,000.00 to renovate the K1 Center.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
103-55884 K-1 Center $ $ $
Grant revenue of $2,500,000.00 with City of Fairhope's match of $625,000.00 is
included in FY2025 Draft Budget. This funding will supplement an EDA grant of
$2,500,000.00 to renovate the K1 Center.
GRANT:
ADECA General Fund appropriation
Page 228 of 394
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 229 of 394
RESOLUTION NO. _____
WHEREAS, That the City of Fairhope proposes to renovate an historical former school
building to serve as a business resource hub for emerging technology entrepreneurs and
companies. The renovation includes demolition, remediation of existing walls, new
interior partition walls, new roofing, new doors and windows, all new interior systems
and external site work; and
WHEREAS, That the City of Fairhope presented an application to the U. S. Department
of Commerce for grant assistance from an EDA grant of $2,500,000.00 to renovate the
K-1 Center as a business resource hub; and
WHEREAS, The US EDA has approved an investment of $2,500,000.00 for this project.
The City of Fairhope will provide 20% matching funds of $625,000.00 and Baldwin
County Economic Development Alliance will also be contributing funding; and
WHEREAS, That the City Council hereby authorizes acceptance of an ADECA General
Fund appropriation of $1,000,000.00 (Grant #AL-LI-25-001); and authorizes Mayor
Sherry Sullivan to sign all necessary documents.
NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes
acceptance of an ADECA General Fund appropriation of $1,000,000.00 (Grant #AL-LI-
25-001); and authorizes Mayor Sherry Sullivan to sign all necessary documents.
ADOPTED ON THIS 26TH DAY OF AUGUST, 2024
______________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-613
FROM: Richard Johnson, CITY ENGINEER
Nicole Love, Grants Coordinator
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:
August 26, 2024
RECOMMENDED ACTION:
To approve the negotiated fee schedule for RFQ PS24-024 Professional Architectural
Services - City of Fairhope 1st Responder Hurricane Safe Room Project and authorize
the Mayor to execute a contract for the not-to-exceed amount of $188,000.00.
BACKGROUND INFORMATION:
The City Council approved the selection of Adams Stewart Architects, LLC as the result
of RFQ PS24-024 Professional Architectural Services - City of Fairhope 1st Responder
Hurricane Safe Room Project and approved the Mayor to negotiate the contract fee
schedule.
The negotiated architectural services fees for this project are as follows:
Schematic Design: $18,400.00
Design Development: $27,600.00
Construction Documents: $101,200.00
Bidding and Negotiation: $9,200.00
Construction Administration: $27,600.00
Geotech Soil Analysis/Report: $4,000.00
The Mayor and City Engineer would like to establish a not-to-exceed amount for
Professional Architectural Services of One Hundred Eighty-Eight Thousand Dollars
($188,000.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
103-55888 Safe Room $188,000.00 $188,000.00 $0.00
Page 240 of 394
Safe Room Estimated Cost; $2,704,096.72 (includes Grant Management expense of
$135,202).
Grant Revenue of $2,433,687.
Safe Room - Expense of $2,704,096.72 and grant revenue of $2,433,687.00 to be
included in FY2025 Budget. Rollover from 2024 Budget of $650,000.
GRANT:
FEMA Hazard Mitigation Grant Program (HMGP)
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 241 of 394
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 with Adams Stewart Architects, LLC for Professional
Architectural Services (RFQ PS24-024) for the City of Fairhope 1st Responders
Hurricane Safe Room Project with a not-to-exceed amount of $188,000.00.
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 242 of 394
Architectural Planning P.O. Box 529 251.947.3864
Interiors, Construction Administration Robertsdale, AL 36567 adamsstewart.com
August 13, 2024
City of Fairhope
c/o Mrs. Erin Wolfe
Purchasing Manager
555 South Section Street
Fairhope, AL 36532
Sent via email: erin.wolfe@fairhopeal.gov
Re: New 1st Responder Hurricane Safe Room
Professional Services Proposal
Mrs. Wolfe,
Thank you to the City of Fairhope for selecting our flrm for this project. We are excited to see this
project become a reality for the city and we are fortunate to be part of this community growth.
Our services will provide the City of Fairhope with AE services for bidding and construction
documents for a +/-4,000 Hurricane First Responder Safe Room. Previous Grant Submittal
documents will be used as a basis of design for beginning this project. Design standards will meet
the minimum established by current/adopted versions of FEMA 361, ICC500 and IBC Codes.
Additionally, we will provide construction administrative services that include reviewing and
processing of contractor pay applications as required by FEMA. This will assist the city in receiving
re-imbursement federal funds in a timely manner.
Project Team:
Our team consists of the following Professionals.
Design Professional Services Provided
Adams Stewart Architects, LLC Architecture, Project and Construction Administration
Stewart Engineering Electrical Engineering and Construction Administration
Smith Mechanical Engineering Mechanical Engineering and Construction Administration
Barton and Schumer Structural Engineering and Construction Administration
WAS Design, Inc. Landscape Architecture
Jade Consulting LLC Civil Engineering
GeoCon Inc. Geotechnical Engineering (excludes Material Testing)
Design Fees:
Page 243 of 394
Page 2 of 4
Our fees are developed using the Alabama Division of Construction Management’s standard fee
rate schedule as a guide for this building type and budget. Upon acceptance, we intend to provide
a formal AIA contract for our services unless otherwise requested.
Preliminary Budget: Based on the information you have provided, we understand the building will
consist of a single-story structure, approximately 4,000 sf and will serve as a FEMA 361 hurricane
safe room. The preliminary budget has been established at $2,300,000.00 for the building and site
construction. Our fee is based on a percentage of the construction cost as estimated and
refiected in the fee schedule below. The flnal fee will be adjusted according to the flnal
construction cost of the project.
Building Group III:
Architect/Engineering Fee Rate – 8.0 % of Construction Cost (Includes 1.2% fee for FEMA
Documentation and Processing)
8.0% Fee: Based on the Preliminary Budget above is as follows.
Schematic Design 10%= $18,400.00
Design Development 15%= $27,600.00
Construction Documents 55%= $101,200.00
Bidding and Negotiation 05%= $9,200.00
Construction Administration 15%= $27,600.00
Total Fee for A/E Services 100%= $184,000.00
Geotech Soil Analysis/Report $4,000.00
Other Fees Not Included
• Geotechnical Material Testing during Construction
• Interior Design for Specialized Furnishings/Equipment
Should you need any of these services mentioned above, we can provide through our services or
make recommendations as needed.
Insurance
We carry the following insurance amounts:
General Liability: Two Million Dollars ($2,000,000) coverage bodily injury, death and property
damages on an occurrence basis and an annual aggregate of Four Million ($4,000,000).
Professional Liability: One Million Dollars ($1,000,000) coverage per occurrence basis and an
annual aggregate of Two Million ($2,000,000).
Automobile Liability: One Million Dollars ($1,000,000) coverage per accident and as policy
dictates.
We sincerely thank you for your time in reviewing this proposal and we look forward to hearing from
you. If you have any questions or need any additional information, please feel free to call me
anytime.
Page 244 of 394
Page 3 of 4
Respectfully submitted,
Todd F. Stewart
Principal Architect
Adams Stewart Architects, LLC
Should you flnd this acceptable, please indicate by signing and returning this proposal to our office.
We can execute AIA contracts for our services once the project scope has been developed.
Agreed and accepted by:
____________________________ ______________________
Accepted: Date:
____________________________
Print Name
____________________________
Title
Page 245 of 394
Page 4 of 4
Adams Stewart Architects, LLC
2024 - Hourly Rate Schedule
The following rate schedule shall apply to hourly work performed during conceptual design,
grant application assistance and/or schematic design.
Adams Stewart Architects, llc
Principal Architect $375.00/hr
Project Architect $250.00/hr
Project Manager $250.00/hr
Intern Architect $140.00/hr
Draftsman/Technician $105.00/hr
Interior Designer $150.00/hr
Rendering Artist $90.00/hr
Administrative Assistant $50.00/hr
Please note that these rates exclude reimbursable expenses that may be incurred. Normal
reimbursable expenses are further described in the Owner Architect Agreement (AIA B151)
but in general, these items include Travel Expenses, Printing Cost, Postage, etc.
Page 246 of 394
Page 247 of 394
PRF 1st Responder Safe room
Final Audit Report 2024-05-16
Created:2024-05-16
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAMO-Cakr1FGTvvvw2s47j8RU1prXm697S
"PRF 1st Responder Safe room" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2024-05-16 - 2:43:30 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2024-05-16 - 2:43:34 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2024-05-16 - 3:00:41 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2024-05-16 - 3:01:54 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2024-05-16 - 3:01:56 PM GMT
Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
2024-05-16 - 5:19:03 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2024-05-16 - 5:19:35 PM GMT - Time Source: server
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2024-05-16 - 5:19:37 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2024-05-16 - 8:04:54 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2024-05-16 - 8:05:48 PM GMT - Time Source: server
Agreement completed.
2024-05-16 - 8:05:48 PM GMT
Page 248 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-616
FROM: Daryl Morefield, WATER SUPERINTENDENT
Richard Johnson, CITY ENGINEER
SUBJECT: The Superintendent of Water and Wastewater Department, Daryl
Morefield, and City Engineer, Richard Johnson, have requested
Change Order No. 1 for the Contract with Hill Brothers, Inc. for Bid
No. 23-027 the Lift Station at State Highway 104 and State Highway
181.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve Change Order No. 1 and authorize the Mayor to execute Change Order No.
1 for $38,543.00.
BACKGROUND INFORMATION:
Due to the faster than anticipated buildout of a variety of major developments at the
nexus of SR181 and SR104, it is anticipated that demand for sewer service may
outpace current capacity to convey effluent. This project entails the placement and
commissioning of a large regional sewer lift station that will pump into the associated
Force Main Project currently under construction. The contract was let, all material was
on hand (including wet well) and the Contractor was ready to commence, when the City
encountered issues with the final lift station siting. All siting issues were resolved, and
the installation commenced. Unfortunately, as the project got underway, there were
discovered some gaps in the interconnectivity between the Lift Station Project, the
Force Main Project, and the existing force main coming from the North. In addition,
there was omitted internal electrical scope of work items. This Change Order No. 1
closes those gaps and resolves the electrical work.
This Change Order will include all work, materials and incidentals for:
1" Water Services Installed with Freeze Spigot $3,060.00
Install Inserta-Valve on 6" Force Main - Sewer Lines $11,050.00
Install Tap & Valve Sleeve 6" Force Main - Sewer Lines $6,255.00
Run Conduit for Electrical and Install Wire $13,202.00
Run 6" Force Main Line to Connect Wet Well with existing Force Main - Sewer Lines
$4,976.00
Total Change Order Cost is Thirty-Eight Thousand Five Hundred Forty-Three Dollars
($38,543.00). The new contract total will be Two Hundred Sixty-Three Thousand Six
Page 249 of 394
Hundred Forty-Three Dollars ($263,643.00).
Previous Actions:
Resolution 4684-23 on February 13, 2023 award J.H. Wright & Associates in the
amount of $163,786.00 for necessary equipment.
Resolution 4788-23 July 10, 2023 Award Bid No 23-027 to Hill Brothers, Inc not-to-
exceed in the amount of $225,100.00 for installation.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004020-
59501
WW - Sys Imprv $38,543.00 $38,543.00 $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 250 of 394
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. 23-027) the Lift Station at State Highway
104 and State Highway 181 with a cost of $38,543.00 and to award Change Order
No. 1 to Hill Brothers, Inc. The new contract total will be $263,643.00.
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 251 of 394
CHANGE
CITY OF FAIRHOPE ORDER
REQUEST
OWNER: CITY OF FAIRHOPE
ARCHITECT/ENGINEER: Matthew C. Rogers, PE – Thompson Engineering
CONTRACTOR: Hill Brothers, Inc.
PROJECT: Planters Pointe Lift Station Project - Bid
Number 023-027
CHANGE ORDER REQUEST NO. #1 (No. One) DATE: August 14, 2024
1. DESCRIPTION OF CHANGE:
Due to the faster than anticipated buildout of a variety of major developments at the nexus of SR181 and SR104 it is
anticipated that demand for sewer service may outpace current capacity to convey effluent. This project entails the
placement and commissioning of a large regional sewer lift station that will pump into the associated Force Main Project
currently under construction. The contract was let, all material was on hand (including the wet well) and the contractor was
ready to commence when the City encountered (the well documented) issues with the final LS siting. All siting issues were
resolved, and the installation commenced. Unfortunately, as the project got underway there was discovered some gaps in
the interconnectivity between the Lift Station Project, the Force Main Project and the existing force main coming from the
north. In addition, there was omitted internal electrical scope of work items. This Change Order closes those gaps and
resolves the electrical work.
2. CHANGE ORDER COSTS: $38,543.00
Proposal Attached See Quantities Attached Cost Estimated/Proposal Required
Item Quantity Material
Unit Price
Labor
(Hours)
Labor
Unit Price
Sub-Total
Cost
a. See Detailed Attachment See Attached Inc. Inc Inc $38,543.00
b.
TOTAL: $38,543.00
3. INSTITUTED BY: Richard D. Johnson, PE (City Engineer), Daryl Morefield (Water/Sewer Superintendent), Matthew
C. Rogers, PE (Project Engineer) and Contractor: Hill Brothers, Inc.
4. JUSTIFICATION OF NEED: This request was instituted by the City, EOR, and in conjunction with both Project
General Contractors. The work must be done to ensure all new as well as existing systems operate in a cohesive and
efficient manner. There exist a certain level of urgency to have all these systems up and running before demand exceeds
their current capacity.
.
5. JUSTIFICATION OF CHANGE ORDER VERSUS COMPETITIVE BIDDING: This C.O. represents a
contract change of less than 7.5% (total project City provided materials + Hill Bros. Contract) - due to the time sensitivity,
the nature of the work, and the existing contracted GC, competitive bidding is not warranted or required by State Bid Law.
*If more than 3 items, provide attachments.
Page 252 of 394
6. COSTS REVIEW: C.O. in the amount of $38,543.00 represents a change in in total project
cost of approximately 7.5% - all proposed costs have been reviewed and found consistent with
industry standard costs.
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 Total Project Cost.
8. EXTENSION OF TIME REQUESTED: No requested or granted time extension
proposed.
RECOMMENDED: APPROVED:
BY: BY: See attached from Contractor
Fairhope’s Consulting Engineer Contractor Matthew C. Rogers, PE
BY: BY: N/A
Utility Representative OWNER’s Legal Advisor
Daryl Morefield, Superintendent
BY:
OWNER’s Authorized Representative
X
X
X
Page 253 of 394
Estimate
Date
8/12/2024
Estimate #
1127
Name / Address
City of Fairhope
PO Drawer 429
Fairhope, Al 36533
Hill Brothers, Inc.
Robertsdale, Al.
36567
Project
Planter's Pointe Lift ...
Phone #
(251)348-7788
E-mail
jamie@hillbrothersgc.com
Web Site
www.hillbrothersgc.com
Total
Description Qty Rate Total
1" Water Services Installed w Freeze Spigot 1 3,060.00 3,060.00
Install Inserta-Valve on 6" FM - Sewer Lines 1 11,050.00 11,050.00
Install Tap & Valve Sleeve 6" FM - Sewer Lines 1 6,255.00 6,255.00
Run Conduit for electrical & Install wire 1 13,202.00 13,202.00
Run 6" Force Main line to connect Wet Well w existing FM - Sewer
Lines
1 4,976.00 4,976.00
All Materials for this work supplied by contractor.
$38,543.00
Page 254 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-597
FROM: Daryl Morefield, WATER SUPERINTENDENT
Nicole Love, Grants Coordinator
SUBJECT: The Superintendent of Water/Wastewater Department, Daryl
Morefield, and the Grants Coordinator, Nicole Love, are requesting
approval for Contract Amendment No. 1 to extend the performance
period for RFQ PS017-20 Engineering Services Contract for the
Fairhope RESTORE Sewer Upgrade Phase 1 to April 30, 2026.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve Contract Amendment No. 1 for RFQ PS017-20 Engineering Services
Contract for the Fairhope RESTORE Sewer Upgrade Phase 1 to extend the
performance period to April 30, 2026 and authorize Mayor Sullivan to execute the
amendment.
BACKGROUND INFORMATION:
The City of Fairhope solicited Requests for Qualifications (RFQ PS017-20 Engineering
Services for Fairhope Sewer Upgrade Phase 1) in accordance with applicable federal,
state and local laws, codes, regulations, ordinances, etc. including, but not limited to all
executive orders (EO), Office of Management and Budget (OMB) requirements, and
U.S. Treasury Regulations; and awarded the contract to Dewberry, Inc. on October 12,
2020 for ADCNR Grant #S1P25-FSU1.
On June 24, 2024, ADCNR issued Amendment No. 2 to the grant, extending the period
of performance to April 30, 2026.
Contract Amendment No. 1 will extend the period of performance from October 31,
2024 to April 30, 2026. The Superintendent of Water/Wastewater Department and the
Grants Coordinator requests approval of Contract Amendment No. 1, and authorize
Mayor Sullivan to execute Contract Amendment No. 1 between City of Fairhope and
Dewberry, Inc.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
Page 255 of 394
$___ $___ ($____)
GRANT:
ADCNR Grant #S1P25-FSU1
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 256 of 394
RESOLUTION NO. _______
AMENDMENT NO. 1 TO RFQ PS017-20 ENGINEERING SERVICES
CONTRACT FOR THE ALABAMA DEPARTMENT OF CONSERVATION AND
NATURAL RESOURCES GRANT #S1P25-FSU1
WHEREAS, the City of Fairhope did solicit Requests for Proposals (RFQ PS017-20 Engineering
Services for Fairhope Sewer Upgrade Phase I) in accordance with applicable federal, state and
local laws, codes, regulations, ordinances, etc., including, but not limited to all executive orders
(EO), Office of Management and Budget (OMB) requirements, and U.S. Treasury Regulations;
and
WHEREAS, on October 12, 2020 the City Council awarded RFQ PS017-20 to Dewberry, Inc.
for ADCNR Grant #S1P25-FSU1; and
WHEREAS, on June 24, 2024, ADCNR issued Amendment No. 2 to the grant, that extends the
period of performance to April 30, 2026; and
WHEREAS, the current period of performance for the Engineering Services Contract ends on
October 31, 2024;
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that THE City Council approves Amendment No. 1 to RFQ PS017-20 Engineering
Services Contract for the Fairhope RESTORE Sewer Upgrade Phase I that extends the period of
performance to April 30, 2026; and authorizes Mayor Sherry Sullivan to execute Amendment
No. 1 between the City of Fairhope and Dewberry, Inc.
ADOPTED THIS 26TH DAY OF AUGUST, 2024.
__________________________
Corey Martin, Council President
Attest:
___________________________________
Lisa A. Hanks, MMC
City Clerk
Page 257 of 394
City of Fairhope
Contract Documents
Amendment 1
RFQ No. PS017-20 Engineering Services for
Fairhope Sewer Upgrade Phase I
Alabama Department of Conservation and Natural Resources (ADCNR)
Grant #S1P25-FSU1
Sherry Sullivan, Mayor
Fairhope City Council
Corey Martin, Council President
Set _____
Page 258 of 394
2
STATE OF ALABAMA}
COUNTY OF BALDWIN}
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
Amendment 1
This CONTRACT, made and entered into this____ day of ________________________, 2024,
by and between the City of Fairhope, Alabama (hereinafter called “CITY”) acting by and through
its governing body, the Fairhope City Council, and Dewberry of Daphne, Alabama (hereinafter
called the “CONSULTANT”) for
RFQ No. PS017-20 Engineering Services for Fairhope Sewer Upgrade Phase I for
Alabama Department of Conservation and Natural Resources (ADCNR)
Grant # S1P25-FSU1, as amended
Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (RESTORE ACT)
State Expenditure Plan #25 Fairhope Sewer Upgrade Phase I
Spill Impact Component Project Grant
The Gulf Coast Ecosystem Restoration Council
WITNESSETH:
That in consideration of the mutual covenants and agreements herein contained, the parties
hereto do mutually agree as follows:
DEFINITIONS:
The following terms shall have the following meanings:
COUNTY: Baldwin County, Alabama
CITY: Fairhope Council, Mayor, and the officers, agents, and employees of the
City of Fairhope, Alabama
PROJECT: Professional Planning Services for Alabama Department of
Conservation and Natural Resources (ADCNR) Grant #S1P25-FSU1,
as amended, Resources and Ecosystem Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act
of 2012 (RESTORE ACT)
Page 259 of 394
3
PART ONE
GENERAL CONDITIONS
1.1 The CITY hereby has employed the CONSULTANT and the CONSULTANT has
agreed to perform for the CITY those professional services as hereinafter set forth in
connection with the following:
Alabama Department of Conservation and Natural Resources (ADCNR) Grant
#S1P25-FSU1 (RESTORE Act)
1.2 This professional services contract was executed by the CITY on _January 8, 2021.
The Alabama Department of Conservation and Natural Resources (ADCNR) and the
Gulf Coast Ecosystem Restoration Council (GCERC) have provided the CITY with
Amendment No. 2 to the Subgrant Agreement that extends the period of performance to
April 30, 2026.
1.3 All provisions contained in the original contract apply, except as modified in
Amendment 2.
PART THREE
3.1 The date of Project completion for the Subaward Grant Agreement #S1P25-FSU1 as
amended between the CITY and the Alabama Department of Conservation and
Natural Resources (ADCNR) is 4/30/2026. No costs can be incurred after this date.
Therefore, the CONSULTANT will render all services prior to this date and no
charges shall be incurred thereafter.
Section 41-16-5, Code of Alabama 1975, requires that public contracts over
$15,000 include the following language:
By signing this Contract, The City of Fairhope 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 260 of 394
4
IN WITNESS WHEREOF, the parties hereto have executed this contract in duplicate on the
day and year first above written.
CITY OF FAIRHOPE
BY:_______________________________ ATTEST:_______________________________
Sherry Sullivan, Mayor Lisa A. Hanks, MMC
City Clerk
NOTARY FOR THE TOWN:
STATE OF ALABAMA}
COUNTY OF BALDWIN}
I, ___________________, a Notary Public in and for said State and County, hereby certify that
Sherry Sullivan, whose name as Mayor of Fairhope, is signed to the foregoing conveyance and
who is known to me, acknowledged before me on this day, that being informed of the contents
of the conveyance, she as such officer and with full authority, executed the same voluntarily on
the day the same bears date.
Given under my hand and Notary Seal on this the____ day of _____________________, 2024.
Notary Public__________________________________
My Commission Expires_________________________
Page 261 of 394
5
PROFESSIONAL CONSULTANT SIGNATURES
If Corporation or LLC
Company Dewberry, Inc.
State of Incorporation Alabama
Company Representative _______________
(Name of Representative Authorized to sign Bids and Contracts for the firm)
Company
Representative__________________________________________________________
(Signature of Representative Authorized to sign Bids and Contracts for the firm)
(Address)__________________
(Address) ___________________
Phone No: __________________
E-Mail: ______________________
NOTARY FOR CORPORATE PROFESSIONAL CONSULTANT
STATE OF _______________________}
County of________________________}
I, ________________________________, a Notary Public in and for the said State and County,
hereby certify that _____________ whose name as ____________ of Dewberry, Inc. is signed
to the foregoing conveyance 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 _____________________, 2024.
Notary Public__________________________________
My Commission Expires_________________________
Page 262 of 394
RESOLUTION NUMBER 3840-20
AW ARD ING THE RFQ PS0l 7-20 ENGINEERING SERVICES CONTRACT
FOR THE ALABAMA DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES GRANT #S1P25-FSU1
(RESTORE ACT PROJECT #396 -SEWER UPGRADE PROJECT PHASE 1)
WHEREAS, the City of Fairhope was awarded a RESTORE Act Direct Component
Subrecipient Grant from the Alabama Department of Conservation and Natural
Resources (ADCNR) on April 16, 2020 ; and
WHEREAS, the project requires Professional Engineering Services and the City did
solicit Requests for Qualifications (RFQ PS0l 7-20) in accordance with applicable
federal, state and local laws, codes, regulations , ordinances, etc., including, but not
limited to all executive orders (EO), Office of Management and Budget (0MB)
requirements, and U.S. Treasury Regulations ; and
WHEREAS , the City did receive nine (9) proposals from Engineering Firms for said
services which were opened and reviewed, and the City's Evaluation Committee selected
the three (3) most qualified firms to make presentations on September 3, 2020, and
subsequently rated them according to the rating criteria; and
WHEREAS , the City 's Evaluation Committee determined Dewberry Engineer, Inc. to be
the most qualified firm and recommends that this firm be selected for said services; and
WHEREAS , the amount obligated for Engineering Services for Phase I of the
Subrecipient Grant by the U.S . Department of Treasury is Six-hundred and ten thousand
dollars ($610,000.00) for Engineering Design Fees , One hundred thousand dollars
($100,000.00) for Other Engineering Fees, and Five-hundred thousand dollars
($500,000.00) will be obligated for Construction Engineering Inspection Services; and
WHEREAS, One-hundred percent (100 %) of the Professional Engineering Services fees
will be paid for with grant funds made available through the Subrecipient Grant
Agreement #S1P25-FSU1 with ADCNR , and the total Engineering Services fees will not
exceed 12.5% of the total project grant funds of $10 ,000 ,000 .00 ( or $1 ,2 10,000 .00);
Page 263 of 394
Resolution No. 3840-20
Page-2-
THEREFORE, BE IT RESOLVED BY THE City of Fairhope, IN REGULAR SESSION
ASSEMBLED, that by this Resolution the City of Fairhope awards the contract for
Professional Engineering Services (RFQ PSOl 7-20) for ADCNR Grant #S1P25-FSU1 to
Dewberry Engineer, Inc., subject to review and approval by ADCNR and City Attorney
prior to execution ; and
BE IT FURTHER RESOLVED BY THE City of Fairhope, that the City will award the
contract for Engineering Services for Phase I of the Subrecipient Grant by the U.S.
Department of Treasury is Six-hundred and ten thousand dollars ($610,000.00) for
Engineering Design Fees, One hundred thousand dollars ($100,000.00) for Other
Engineering Fees, and Five-hundred thousand dollars ($500,000.00) will be obligated for
Construction Engineering Inspection Services .
DULY ADOPTED THIS 12TH DAY OF OCTOBER, 2020
Attest:
Page 264 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-605
FROM: Daryl Morefield, WATER SUPERINTENDENT
Nicole Love, Grants Coordinator
SUBJECT: The Superintendent of Water/Wastewater Department, Daryl
Morefield, and the Grants Coordinator, Nicole Love, are requesting
approval for Contract Amendment No. 1 to extend the performance
period for RFP 003-20 Program Administrative Services for the
Fairhope RESTORE Sewer Upgrade Phase 1 to April 30, 2026.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve Contract Amendment No. 1 for RFP 003-20 Program Administrative
Services for the Fairhope RESTORE Sewer Upgrade Phase 1 to extend the
performance period to April 30, 2026 and authorize Mayor Sullivan to execute the
amendment.
BACKGROUND INFORMATION:
The City of Fairhope solicited Request for Proposal (RFP 003-20 Program
Administrative Services for the Fairhope RESTORE Sewer Upgrade Phase 1) in
accordance with applicable federal, state and local laws, codes, regulations,
ordinances, etc. including, but not limited to all executive orders (EO), Office of
Management and Budget (OMB) requirements, and U.S. Treasury Regulations; and
awarded the contract to Dewberry, Inc. on August 24, 2020 for ADCNR Grant #S1P25-
FSU1.
On June 24, 2024, ADCNR issued Amendment No. 2 to the grant, extending the period
of performance to April 30, 2026.
Contract Amendment No. 1 will extend the period of performance from October 31,
2024 to April 30, 2026. The Superintendent of Water/Wastewater Department and the
Grants Coordinator requests approval of Contract Amendment No. 1, and authorize
Mayor Sullivan to execute Contract Amendment No. 1 between City of Fairhope and
Grant Management, LLC.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Page 265 of 394
Budget
$___ $___ ($____)
GRANT:
ADCNR Grant #S1P25-FSU1
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 266 of 394
RESOLUTION NO. _______
AMENDMENT NO. 1 TO RFP 003-20 PROGRAM ADMINISTRATIVE SERVICES
CONTRACT FOR THE ALABAMA DEPARTMENT OF CONSERVATION AND
NATURAL RESOURCES GRANT #S1P25-FSU1
WHEREAS, the City of Fairhope did solicit Requests for Proposals (RFP 003-20 Professional
Administrative Services for Fairhope Sewer Upgrade Phase I) in accordance with applicable
federal, state and local laws, codes, regulations, ordinances, etc., including, but not limited to all
executive orders (EO), Office of Management and Budget (OMB) requirements, and U.S.
Treasury Regulations; and
WHEREAS, on August 24, 2020 the City Council awarded RFP 003-20 to Grant Management,
LLC for ADCNR Grant #S1P25-FSU1; and
WHEREAS, on June 24, 2024, ADCNR issued Amendment No. 2 to the grant, that extends the
period of performance to April 30, 2026; and
WHEREAS, the current period of performance for the Program Administrative Services Contract
ends on October 31, 2024;
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that THE City Council approves Amendment No. 1 to RFP 003-20 Administrative
Services Contract for the Fairhope RESTORE Sewer Upgrade Phase I that extends the period of
performance to April 30, 2026; and authorizes Mayor Sherry Sullivan to execute Amendment
No. 1 between the City of Fairhope and Grant Management, LLC.
ADOPTED THIS 26TH DAY OF AUGUST, 2024.
__________________________
Corey Martin, Council President
Attest:
___________________________________
Lisa A. Hanks, MMC
City Clerk
Page 267 of 394
City of Fairhope
Contract Documents
Amendment 1
RFP No. 003-20 Program Administrative Services for
Fairhope Sewer Upgrade Phase I
Alabama Department of Conservation and Natural Resources (ADCNR)
Grant #S1P25-FSU1
Sherry Sullivan, Mayor
Fairhope City Council
Corey Martin, Council President
Set _____
Page 268 of 394
2
STATE OF ALABAMA}
COUNTY OF BALDWIN}
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
Amendment 1
This CONTRACT, made and entered into this____ day of ________________________, 2024,
by and between the City of Fairhope, Alabama (hereinafter called “CITY”) acting by and through
its governing body, the Fairhope City Council, and Grant Management, LLC of Fairhope,
Alabama (hereinafter called the “CONSULTANT”) for
RFP No. 003-20 Program Administrative Services for Fairhope Sewer Upgrade Phase I for
Alabama Department of Conservation and Natural Resources (ADCNR)
Grant # S1P25-FSU1, as amended
Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (RESTORE ACT)
State Expenditure Plan #25 Fairhope Sewer Upgrade Phase I
Spill Impact Component Project Grant
The Gulf Coast Ecosystem Restoration Council
WITNESSETH:
That in consideration of the mutual covenants and agreements herein contained, the parties
hereto do mutually agree as follows:
DEFINITIONS:
The following terms shall have the following meanings:
COUNTY: Baldwin County, Alabama
CITY: Fairhope Council, Mayor, and the officers, agents, and employees of the
City of Fairhope, Alabama
PROJECT: Professional Program Administrative Services for Alabama Department
of Conservation and Natural Resources (ADCNR) Grant #S1P25-
FSU1, as amended, Resources and Ecosystem Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012 (RESTORE ACT)
Page 269 of 394
3
PART ONE
GENERAL CONDITIONS
1.1 The CITY hereby has employed the CONSULTANT and the CONSULTANT has
agreed to perform for the CITY those professional services as hereinafter set forth in
connection with the following:
Alabama Department of Conservation and Natural Resources (ADCNR) Grant
#S1P25-FSU1 (RESTORE Act)
1.2 This professional services contract was executed by the CITY on October 9, 2020.
The Alabama Department of Conservation and Natural Resources (ADCNR) and the
Gulf Coast Ecosystem Restoration Council (GCERC) have provided the CITY with
Amendment No. 2 to the Subgrant Agreement that extends the period of performance to
April 30, 2026.
1.3 All provisions contained in the original contract apply, except as modified in
Amendment 2.
PART THREE
3.1 The date of Project completion for the Subaward Grant Agreement #S1P25-FSU1 as
amended between the CITY and the Alabama Department of Conservation and
Natural Resources (ADCNR) is 4/30/2026. No costs can be incurred after this date.
Therefore, the CONSULTANT will render all services prior to this date and no
charges shall be incurred thereafter.
Section 41-16-5, Code of Alabama 1975, requires that public contracts over
$15,000 include the following language:
By signing this Contract, The City of Fairhope 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.
IN WITNESS WHEREOF, the parties hereto have executed this contract in duplicate on the
day and year first above written.
Page 270 of 394
4
CITY OF FAIRHOPE
BY:_______________________________ ATTEST:_______________________________
Sherry Sullivan, Mayor Lisa A. Hanks, MMC
City Clerk
NOTARY FOR THE TOWN:
STATE OF ALABAMA}
COUNTY OF BALDWIN}
I, ___________________, a Notary Public in and for said State and County, hereby certify that
Sherry Sullivan, whose name as Mayor of Fairhope, is signed to the foregoing conveyance and
who is known to me, acknowledged before me on this day, that being informed of the contents
of the conveyance, she as such officer and with full authority, executed the same voluntarily on
the day the same bears date.
Given under my hand and Notary Seal on this the____ day of _____________________, 2024.
Notary Public__________________________________
My Commission Expires_________________________
Page 271 of 394
5
PROFESSIONAL CONSULTANT SIGNATURES
If Corporation or LLC
Company Grant Management, LLC
State of Incorporation Alabama
Company Representative _______________
(Name of Representative Authorized to sign Bids and Contracts for the firm)
Company
Representative__________________________________________________________
(Signature of Representative Authorized to sign Bids and Contracts for the firm)
(Address)__________________
(Address) ___________________
Phone No: __________________
E-Mail: ______________________
NOTARY FOR CORPORATE PROFESSIONAL CONSULTANT
STATE OF _______________________}
County of________________________}
I, ________________________________, a Notary Public in and for the said State and County,
hereby certify that _____________ whose name as ____________ of Grant Management, LLC.
is signed to the foregoing conveyance 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 _____________________, 2024.
Notary Public__________________________________
My Commission Expires_________________________
Page 272 of 394
Page 273 of 394
Page 274 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-577
FROM:Ben Patterson, ELECTRIC SUPERINTENDENT
SUBJECT:The Superintendent of Electric Department, Ben Patterson, is
requesting to hire a qualified contractor to perform Joint Use
Attachment Survey on an annual contract.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To reject all bids received with the original bid due to only receiving one (1) responsive
proposal, and allow the re-bid of Joint Use Attachment Inventory for City of Fairhope
Electric Department.
BACKGROUND INFORMATION:
A Request for Proposal was issued on June 17, 2024, posted to the City of Fairhope's
website, and advertised in three (3) statewide newspapers. One (1) responsive proposal
was received at the bid opening on July 16, 2024 at 10:00 a.m.
The proposal was evaluated by three (3) City of Fairhope staff.
The recommendation by the Superintendent of Electric Department is to reject all bids
due to only receiving one (1) responsive proposal, and authorize the re-bid of the
contract under Code of Alabama 1975, Section 41-16-57(d).
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
N/A
Page 275 of 394
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City Council to reject all bids (Bid No. 24-054) to Procure Services for Joint
Use Attachment Inventory for the Electric Department; and authorize the re-bid the annual
contract under Code of Alabama 1975, Section 41-16-57(d).
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
____________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 276 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-604
FROM: Wes Boyett, GAS SUPERINTENDENT
SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting
Extension No. 2 for Bid No. 0026-22 On Call Contractor for Gas
Department.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve the extension No. 2 of the contract for Bid No. 026-22 On Call Contractor for
Gas Department to Equix Energy Services, LLC for the same terms and conditions as
the original bid award.
BACKGROUND INFORMATION:
The Superintendent of Gas Department, Wes Boyett, is requesting Extension No. 2 for
Bid No. 026-22 On Call Contractor for Gas Department. The original contract was
executed on September 8, 2022 and awarded to Equix Energy Services, LLC.
Extension No. 1 extended the referenced contract until September 7, 2024. Extension
No. 2 will extend the referenced contract until September 7, 2025.
The Vendor has agreed to Extension No. 2, with all terms and conditions of the bid
award.
Previous Actions:
Council meeting: July 11, 2022, Resolution #4494-22 award bid no. 026-22 On Call
Contractor for the Gas Department to Equix Energy Services, LLC with an annual cost
not-to-exceed $200,000.00.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
002-59500 Gas - Sys Improve $200,000.00 $200,000.00 $0.00
Amount to be determined based on necessary usage of on-call services. (Expense is to
be included in FY2025 Budget).
Page 277 of 394
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 278 of 394
RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to
execute a contract for Extension No. 2 of (Bid No. 026-22) On Call Contractor for
Gas Department with Equix Energy Services, LLC per the terms and conditions of the
original contract.
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 279 of 394
City of Fairhope
Bid No. 026-22
On Call Contractor for Gas Department
Contract Extension No. 2
This EXTENSION NO.2 of CONTRACT ("Extension") is made this _____ day of _______________________ ,2024,
for the purpose of extending the agreement known as Bid No. 026-22 On Call Contractor for Gas Department,
dated September 8, 2022, (“Original Contract") between the City of Fairhope and Equix Energy Services, LLC
(the "Parties").
1. Extension 2 of this agreement, which is attached hereto as a part of this Extension, is described below:
Bid No. 026-22 On Call Contractor for Gas Department
and will end on September 7, 2024 at midnight.
2. The parties agreed to extend the Original Contract for al additional period, Extension No. 1, which began
immediately upon the expiration of the original time period, September 8, 2023 and will end on September 7,
2024.
3. The Parties agree to extend Extension 2 agreement for an additional period, which will begin immediately upon
the expiration of the original time period September 8, 2024 and will end on September 7, 2025.
3. This Extension 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, including pricing, remain unchanged.
Page 280 of 394
IN WITNESS WHEREOF, the parties hereto have executed this Contract Extension as of the day and year first
above written.
THE CITY OF FAIRHOPE, ALABAMA ATTEST:
______________________________
BY: Sherry Sullivan, Mayor BY: Lisa A. Hanks, MMC, City Clerk
NOTARY FOR THE CITY
STATE OF ALABAMA}
COUNTY OF BALDWIN}
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 281 of 394
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 282 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-620
FROM: Wes Boyett, GAS SUPERINTENDENT
SUBJECT: Superintendent of Gas Department, Wes Boyett, is requesting the
procurement of professional engineering services for 4" Gas Main
Replacements at four (4) separate locations - two in Fly Creek and
two in Rock Creek.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve the negotiated not-to-exceed contract amount of $76,000.00 for this project
and allow the Mayor to execute a contract with Volkert, Inc.
BACKGROUND INFORMATION:
The Superintendent of Gas Department, Wes Boyett, is seeking to procure professional
engineering services for the replacement of 4' gas mains at four (4) separate locations -
two in Fly Creek and two in Rock Creek. Volkert, Inc. will provide the following
professional engineering services for this project:
1. Perform Survey of the pertinent areas at each location
2. Review Survey, GIS files, and pothole information to accurately display the gas mains
in Microstation and determine necessary extents of replacement.
3. Develop design plans and project specifications for bids.
4. Perform Environmental permitting services (wetlands delineation and USACE
permitting).
5. Conduct meetings with staff to provide updates.
6. Coordinate bidding phase. Issue bid documents, respond to questions from
prospective bidders, conduct a pre-bid meeting, assist with bid opening, and provide a
tabulation of bids received and recommendation for award.
7. Construction: prepare contracts, conduct pre-construction meeting, perform submittal
reviews, assist with Requests for Information, review change order requests, review pay
requests, and develop record drawings based on Contractor redlines.
The Mayor and The Superintendent of Gas Department would like to establish a not-to-
exceed amount for Professional Engineering Services of Seventy-Six Thousand Dollars
($76,000.00).
BUDGET IMPACT/FUNDING SOURCE:
Page 283 of 394
Account No. Account Title Current Budget Cost Available
Budget
002-59500 Gas - Utility System
Imprv
$76,000.00 $76,000.00 $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 284 of 394
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
Volkert, Inc. for Professional Engineering Services for 4' Gas Main Replacements at
Four (4) Creek Locations (RFQ PS24-035) with a not-to-exceed amount of
$76,000.00.
DULY ADOPTED THIS 26TH DAY OF AUGUST, 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 285 of 394
Volkert, Inc.
1110 Montlimar Dr., Suite 1050
Mobile, AL 36609
(251) 342-1070
www.volkert.com
U:\Proposals\2024\Fairhope Gas Creek Crossings Project\2024-8-19 - Proposal to Fairhope for Creek Crossings Project.docx
August 19, 2024
Mr. Taylor Wesson
Gas Project Manager
City of Fairhope
555 S. Section St.
Fairhope, AL 36533
RE: Proposal for Professional Engineering & Construction Phase Administration Services
Related to the Gas Main Creek Crossings Bundle
Dear Mr. Wesson:
We appreciate the opportunity to provide this proposal to assist the City of Fairhope with engineering
services to support your efforts to replace the creek crossings at the following locations: Fly Creek & Main
Street, Rock Creek & Main Street, Fly Creek & Highway 98, and Rock Creek Parkway. This work will include
replacing the 2” PE, 2” steel, and 4” steel in-kind at these crossings.
Our proposal is based on the attached Scope of Services, which includes providing design and bid phase
engineering services, survey, environmental permitting, and construction administration services for an
estimated not-to-exceed amount of $76,000 based on our current hourly rate schedule. This proposal
does not include construction phase inspection services.
Please let me know if you have any additional questions regarding these items. Again, we appreciate the
opportunity to assist the City of Fairhope with their efforts to replace the gas main under these creeks in
Baldwin County.
Sincerely,
Ray Miller, P.E.
Vice President
CC: Melissa O’Sullivan, Volkert
Attachments
Page 286 of 394
Proposed Scope of Services for Professional Engineering Services
Related to the Gas Main Creek Crossings Bundle
August 19, 2024
The City of Fairhope has determined the need to replace 5 sections of pipe under creeks in the following
locations: Fly Creek & Main Street, Rock Creek & Main Street, Fly Creek & Highway 98, and Rock Creek
Parkway. This work will include replacing the 2” PE, 2” steel, and 4” steel in-kind at these crossings. The
following is the requested Scope of Services to provide engineering services related to preparing bid
documents and construction administration support for the construction of the relocated gas main.
1. Perform survey of the pertinent areas at each location (sub-consultant).
2. Review survey, GIS files, and pothole information to accurately display the gas mains in
Microstation and determine necessary extents of replacement.
3. Develop design plans and project specifications to be used to solicit bids and execute the project.
4. Perform Environmental permitting services (wetlands delineation and USACE permitting).
5. Conduct meetings with staff to provide updates as the project progresses.
6. Coordinate bidding phase, including preparing and coordinating bidding advertisements. Invoices
for advertisements will be submitted directly to the City of Fairhope for payment. We will issue
bid documents, respond to questions from prospective bidders, conduct a pre-bid meeting, assist
with bid opening, and provide a tabulation of bids received and recommendation for award.
7. During the construction period, the following services will be provided: Prepare contracts for
execution, conduct pre-construction meeting, perform submittal reviews, assist with Requests
for Information (RFI’s), review change order requests, review pay request, and develop record
drawings based on Contractor redlines. The City of Fairhope will perform the construction
inspection, confirm quantities installed for pay request, and review contractor furnished redlines
for accuracy.
Page 287 of 394
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Taylor Wesson Date: 08/19/2024
Department: Gas
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. Volkert, Inc. $ 76,000.00
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? Professional Engineering
2. What is the total cost of the item or service? $76,000.00
3. How many do you need? Click or tap here to enter text.
4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Volkert, Inc.
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? $435,000 (Project Total)
3. Budget code: 59500
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 288 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-606
FROM: Sherry Sullivan, Mayor
SUBJECT: The Mayor, Sherry Sullivan, is requesting authorization to execute an
extension of the Engagement Letter Agreement with Maynard,
Cooper & Gale, P.C. for professional government affairs services
and assistance, as well as assist in special projects and provide
strategic consulting advice for the City of Fairhope, Alabama.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To authorize the Mayor to execute an extension of the Engagement Letter Agreement
with Maynard, Cooper & Gale, P.C.; and approve the not-to-exceed amount of
$96,000.00 for twelve months.
BACKGROUND INFORMATION:
The Mayor, Sherry Sullivan, is requesting authorization to execute an extension of the
Engagement Letter Agreement with Maynard, Cooper & Gale, P.C. for professional
government affairs services and assistance, as well as assist in special projects and
provide strategic consulting advice for the City of Fairhope, Alabama.
The extension of the Engagement Letter Agreement would be for services from October
2024 to September 2025. The retainer fee would be Eight Thousand Dollars ($8,000.00)
per month, and an annual not-to-exceed amount of Ninety-Six Thousand Dollars
($96,000.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001100-
50290
General Gov -
Professional
Services
$96,000.00 $96,000.00 $0.00
General Government Professional Services expense included in FY2025 Draft Budget.
GRANT:
Page 289 of 394
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 290 of 394
RESOLUTION NO. _____
WHEREAS, on September 11, 2023, the City Council approved and authorized Mayor
Sherry Sullivan to extend the Maynard, Cooper & Gale, P.C. Engagement Letter
Agreement for the City of Fairhope for an additional year from October 2023 to
September 2024.
WHEREAS, the Mayor is desirous to extend this engagement for an additional year from
October 2024 to September 2025 with a not-to-exceed amount of $96,000.00 (retainer fee
of $8,000.00 per month).
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry
Sullivan to execute an extension of the Maynard, Cooper & Gale, P.C. Engagement Letter
Agreement for the City of Fairhope from October 2024 to September 2025 with a retainer
fee of Eight Thousand Dollars ($8,000.00) per month; and a not-to-exceed amount of
$96,000.00.
DULY ADOPTED THIS 26TH DAY OF AUGUST, 2024
________________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 291 of 394
RESOLUTION NO. 4432-22
BE IT RESOLVED BY THE GOVERNING BOD Y OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute
an Engagement Letter with Maynard , Cooper & Gale, P.C. for profes sional government
affairs services and assistance as well as assist in special projects and provide strategic
consulting advice (from time to time) for the City of Fairhope, Alabama. This
engagement will b e for a six month period with a not-to-exceed amount of $5 4 ,000 .00.
Attest:
DULY ADOPTED THIS 11 TH DAY OF APRIL, 2022
es Reid Conyer ,
Council President
Page 292 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-609
FROM:Sherry Sullivan, Mayor
SUBJECT:Resolution in Support of Colony Rehabilitation Hospital at Thomas
Hospital's request to the Certificate of Need Review Board for 10
additional beds.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
City of Fairhope adopts a Resolution in Support of Colony Rehabilitation Hospital at
Thomas Hospital's request to the Certificate of Need Review Board for 10 additional
beds.
BACKGROUND INFORMATION:
Established in 2018, Colony Rehabilitation Hospital at Thomas Hospital was the first
and only inpatient rehabilitation hospital in Baldwin County providing residents with
comprehensive quality services.
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
Page 293 of 394
RESOLUTION NO. _____
RESOLUTION IN SUPPORT OF COLONY REHABILITATION
HOSPITAL’S REQUEST TO THE CERTIFICATE OF NEED
REVIEW BOARD
WHEREAS, Colony Rehabilitation Hospital at Thomas Hospital “herein referred to
as Colony” provides specialized medical services in Baldwin County; and
WHEREAS, Established in 2018, Colony was the first and only inpatient
rehabilitation hospital in Baldwin County providing residents with comprehensive
quality services; and
WHEREAS, Colony’s commitment is their CARF accreditation: the highest level of
accreditation for rehabilitation facilities; and
WHEREAS, the City of Fairhope proclaims its support on this 26th day of August of
Colony Rehabilitation Hospital at Thomas Hospital’s request to the Certificate of
Need Review Board for 10 additional beds.
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope adopts a
Resolution in Support of Colony Rehabilitation Hospital at Thomas Hospital’s request
to the Certificate of Need Review Board for 10 additional beds.
ADOPTED ON THIS 26TH DAY OF AUGUST, 2024
________________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 294 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-615
FROM: Erik Cortinas, BUILDING OFFICIAL
SUBJECT: The Building Official, Erik Cortinas, is requesting to procure a
professional engineering firm for engineering services for on-call
consulting services annual contract for fire protection requirements.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve negotiated annual not-to-exceed amount of $30,000.00 for this contract and
allow the Mayor to execute a contract with Gulf State Engineering.
BACKGROUND INFORMATION:
The Building Official, Erik Cortinas, is requesting to procure on-call professional
engineering services for RFQ PS24-032 On-Call Consulting Services Annual Contract
for Fire Protection Requirements. This annual contract would be an as-needed, on-call
Fire Protection Code consultant for 3rd party review of miscellaneous Planning
Commission cases and building permit applications.
Per the City "Procedure for Procuring Professional Services for Projects under
$100,000.00," Building Official, Erik Cortinas, and Mayor Sherry Sullivan have chosen
Gulf State Engineering. The Mayor and the City Building Offiial would like to establish a
annual not-to-exceed contract amount for Professional Engineering Services of Thirty
Thousand Dollars ($30,000.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001130-
50290
Building -
Professional Svcs
$30,000.00 $30,000.00 $0.00
GRANT:
N/A
LEGAL IMPACT:
Page 295 of 394
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 296 of 394
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 with Gulf State Engineering for On-Call Services Annual Contract
for Fire Protection Requirements (RFQ PS24-032) with a not-to-exceed amount of
$30,000.00.
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 297 of 394
2024 GSE Rate Schedule1
Project Executive $250.00/hr
Principal Project Manager $220.00/hr
Project Manager V $190.00/hr
Project Manager IV $160.00/hr
Project Manager III $150.00/hr
Project Manager II $130.00/hr
Project Manager I $120.00/hr
Principal Professional Licensed Engineer $220.00/hr
Senior Professional Licensed Engineer $190.00/hr
Professional Licensed Engineer $160.00/hr
Associate Engineer III $135.00/hr
Associate Engineer II $120.00/hr
Associate Engineer I $110.00/hr
Lead Designer $120.00/hr
Senior Designer $100.00/hr
Designer II $95.00/hr
Designer I $85.00/hr
Drafter $85.00/hr
Document Control $100.00/hr
Program Administrator III $125.00/hr
Program Administrator II $115.00/hr
Program Administrator I $100.00/hr
Administrative $60.00/hr
Senior Professional Licensed Surveyor $150.00/hr
Professional Licensed Surveyor $135.00/hr
Land Surveyor III $100.00/hr
Land Surveyor II $75.00/hr
Land Surveyor I $60.00/hr
Code Compliance/Life Safety Specialist $120.00/hr
Construction Manager/Estimator $150.00/hr
Leica Scanstation $125.00/hr
FARO Laser Tracker2 $2700/day
1 Travel and Lodging Expenses are billed at cost plus 10%
2 Daily rate includes a 2-man survey crew for up to 10 hours
Page 298 of 394
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Erik Cortinas Date: July 9, 2024
Department: Building 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. Gulf State Engineering $ NTE $30,000.00 for FY 2024
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? Engineering consultant for fire protection requirements
2. What is the total cost of the item or service? Not To exceed $30,000.00 for Fiscal Year 2024
3. How many do you need? Click or tap here to enter text.
4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Gulf State Engineering
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? $80,000.00
3. Budget code: 50290 (Professional Services)
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 299 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-614
FROM: Pat White, PARKS & RECREATION DIRECTOR
SUBJECT: The Director of Parks and Recreation, Pat White, is requesting to
procure professional engineering services to perform a feasibility
study for a new 114-acre park.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve negotiated not-to-exceed amount of $50,000.00 for this project and allow
the Mayor to execute a contract with Gonzalez-Strength & Associates, Inc.
BACKGROUND INFORMATION:
The Director of Parks and Recreation, Pat White, is requesting to procure a professional
engineering firm to perform a feasibility study for a new 116-acre park. The scope of this
service would include:
A. Kickoff Meetings, Review Cursory Physical, Site Analysis, Site Tour & Stakeholder
interviews
B. Local Market & Facility Analysis
C. Competitive/Comparable Sports Market & Facility Analysis
D. Telephone Interviews with Local/Regional User Groups & Regional/National Sports
Tournament Organizers
E. SWOT (Strengths, Weaknesses, Opportunities, and Threats) Analysis
F. Market Demand Analysis & Facility Recommendations
G. Architectural Studies
H. Conceptual Master Plans (2-3)
I. Presentation of Market Feasibility Results (Market Research Findings & Facility
Recommendations)
Per the City "Procedure for Procuring Professional Services for Projects under
$100,000.00," Director of Parks and Recreation, Pat White, and Mayor Sherry Sullivan
would like to establish a not-to-exceed amount for Professional Engineering Services of
Fifty Thousand Dollars ($50,000.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
Page 300 of 394
001250-
50290
Recreation -
Professional
Services
$50,000.00 $50,000.00 $0.00
Professional Services FY24 Budget available of $45,600.00. Additional park feasibility
study expense to be included in FY2025 Recreation Professional Services 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 301 of 394
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 with Gonzales-Strength & Associates, Inc. for Professional
Engineering Services for a Feasibility Study for a new 114-Acre Park (RFQ PS24-
025) with a not-to-exceed amount of $50,000.00.
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 302 of 394
Hoover, AL | Tuscaloosa, AL │ 205.942.2486│ www.gonzalez-strength.comHoover, AL | Tuscaloosa, AL│ 205.942.2486│ www.gonzalez-strength.com
LANDSCAPE ARCHITECTURE
LAND PLANNING
CIVIL ENGINEERING
LAND SURVEYING
TRANSPORTATION ENGINEERING
(Photo credit: Gerry Daniel)
GOOD WORK. GOOD PEOPLE.
GONZALEZ- STRENGTH &
ASSOCIATES, INC.
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1: Cover Letter
February 28, 2024
Pat White, Director of Parks & Recreation Department
City of Fairhope
803 North Greens Road
Fairhope, AL 36532
Re: Feasibility Study for New 114-Acre Park
Professional Consulting Services
Gonzalez-Strength & Associates, Inc. (GSA) is pleased to submit the attached Feasibility Study for new 114-acre
park.
Having lived in Fairhope for 11 years gives me an added incentive in producing a feasibility study for the 114-acre
park that meets the needs and goals of the residents, workers, visitors and leadership of the City of Fairhope. We
have assembled an excellent team for the successful design of the new 114-acre park.
Robbin Gregory, ASLA, Director of GSA’s Planning & Landscape Architecture Department will be leading the team.
Robbin is a nationally-awarded Park Designer and Landscape Architect with over 40 years of parks and recreation
experience. His experience includes some of the top park projects in Alabama and the southeast, such as Sand
Mountain Park in Albertville, AL, Auburn’s Yarborough Tennis Center and Pelham’s 250 Acre Blueberry Hill Park.
We are pleased to partner with Brian Connolly, MBA and Walter Franco, MBA of Victus Advisors. Victus Advisors
brings National Feasibility Study experience having consulted on hundreds of projects across North America. They
have successfully provided market-driven and client centric facility planning services to cities, counties, CVBS,
economic agencies and sports commissions nation wide. Recently they prepared the Market Demand Study and
Location Analysis for an indoor/outdoor sports complex and aquatics park in Northport, AL. They are an
independently owned and operated advisory practice that is recognized as sports tourism experts.
We are pleased to have on our team John Chambless and Nick Henninger, AIA of Chambless King Architects
providing architectural design of the vertical design elements, floor plan diagrams and character studies of
Diagrammatic Recreation Center.
We have partnered with CKA on numerous high profile and award-winning recreation and parks facilities in Alabama.
These include Sand Mountain Park, Priceville Recreation and Events Center and the City of Auburn’s Soccer
Complex at Wine Road.
In addition to our team management role, GSA will be heading the site analysis, master planning and site cost
estimating. Our in-house services that we will be providing include Landscape Architecture, Park Planning, Civil
Engineering and Surveying. Our history, experience and relationships built over many years in Alabama and
Fairhope will be a huge asset in the successful implementation of the Feasibility Study for the new 114-acre Park.
We have enclosed information pertaining to our experience that will highlight our team’s ability to meet the City of
Fairhope’s needs. We trust we have provided sufficient information to judge our team’s qualifications, experience,
approval and unique ability to perform the work. We respectfully submit the Gonzalez-Strength & Associates, Inc.
Team (GSA Team) for consideration.
Sincerely,
Robbin Gregory, PLA, ASLA, Director of Planning & Landscape Architecture
For Gonzalez-Strength & Associates, Inc.
GOOD WORK. GOOD PEOPLE.
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Table of Contents
1.Cover Letter
2.Table of Contents
3.Qualifications and Experience
4.Firm Overview* and Leadership
Proposed Project Team
Resumes
Relevant Sports Complex Study Experience
5. Proposed Scope of Services,Timeline & Fees
A.Phase 1 –Market Feasibility Study/Conceptual Master
Plan/Architectural Diagrammatic Floor Plan and Rendering
B.Phase 2 – Financial Feasibility & Economic Impact Analysis
6. Client References
7. Site Location Map
2: Table of ContentsGOOD WORK. GOOD PEOPLE.
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Contact Information
CONTACT:
Robbin L. Gregory, PLA, ASLA
Director of Planning & Landscape Architecture
Gonzalez-Strength & Associates, Inc.
1550 Woods of Riverchase Drive,
Suite 200
Hoover, AL 35244
(205) 942-2486 Telephone
(205) 942-3033 Fax
rgregory@gonzalez-strength.com
www.gonzalez-strength.com
GOOD WORK. GOOD PEOPLE.
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3: Qualifications & ExperienceGOOD WORK. GOOD PEOPLE.
Page 307 of 394
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OVERVIEW
With a staff of over 90 people and offices in Hoover,
Alabama and Tuscaloosa, Alabama, Gonzalez-Strength
& Associates, Inc. is a full-service Site Civil Engineering
Firm. We have eleven Professional Engineers, ten
Professional Land Surveyors and two Professional
Landscape Architect/Urban Planners on staff. GSA is
registered to provide Surveying services in Alabama,
Mississippi, Kentucky and Tennessee. GSA is
registered to provide Engineering services in the states
of Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, South Carolina,
Tennessee and Texas. GSA is registered to provide
landscape architecture services in North Carolina,
Virginia, Maryland, Ohio, Pennsylvania, Louisiana,
Georgia, Florida, Alabama, Mississippi and Texas.
GSA is proud of the stability of the personnel within the
firm. With over 53% of GSA’s staff having over 10
years’ experience with GSA, clients have been able to
depend on continuity of personnel and knowledge of
client expectations. Additionally, GSA brings a wide
variety of work knowledge derived from shared
experiences from all areas of practice and all projects.
GSA’s success is based on people and expertise.
GOOD WORK. GOOD PEOPLE.
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BY THE NUMBERS
Why The GSA Team?
63 90+26 2 13+53%
Years in Business Employees Licensed / Certified
Professionals
LEED Accredited
Professionals
Awards Employees 10+
Years with Firm
Expert Recreation & Parks Design Experience
With over forty (40) years experience for recreation
facilities and services. See Sand Mountain Park,
Auburn Soccer Complex, and City of Foley Sports Park.
Creative, Quick And Realistic Design Solutions
Our team provides creative and quick design solutions
that are also realistic from a planning / engineering
perspective and economically feasible.
In-house Design Services
We provide landscape architecture, park design, civil
engineering, surveying, transportation engineering as
an embedded service.
Recent Large Scale Active/Passive Park Design
Just completed the construction of the $90 million dollar
Sand Mountain Park for the City of Albertville’s Sports
Complex which included nine (9) softball / baseball
fields, five (5) multi-purpose fields and a recreation
center with pool and splash pad.
Just completed the construction for the City of Auburn
Soccer Complex. Project budget was $10 million and
came in $50,000 under budget.
Seasoned Public Presentation And Project
Management, Public Engagement and Stakeholder
Experience
Our seventy (70) years’ experience to draw from some
of the top projects in Alabama and the Southeast.
Award-winning Design Experience
Our team has a wide range of passive and active parks’
design experience with trails, sports fields, tennis
complexes, dog parks, lakes, splash pads, bridges, disc
golf and recreational / community building experience
throughout Alabama and the Southeast.
GOOD WORK. GOOD PEOPLE.4: Firm Overview and Leadership
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GONZALEZ-STRENGTH & ASSOCIATES, INC.
With a staff of over 100 people and offices in Hoover, Alabama and
Tuscaloosa, Alabama, Gonzalez-Strength & Associates, Inc. is a full-
service Multi-Disciplinary Firm. With Civil Engineering, Surveying and
Landscape Architecture, we have thirteen Professional Engineers, eleven Professional Land Surveyors and two Professional Landscape Architect/Urban Planners on staff. GSA is registered to provide Surveying services in Alabama, Mississippi, Kentucky and Tennessee. GSA is registered to provide Engineering services in the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Pennsylvania, North Carolina, South Carolina, Tennessee and Texas. GSA is registered to provide landscape architecture services in North Carolina, Virginia, Maryland, Ohio, Pennsylvania, Louisiana, Georgia, Florida, Alabama, Mississippi and Texas.
GSA is capable of providing a
comprehensive scope of
services to meet the Clients
goals from initial stages to final
construction. At each phase,
GSA will communicate with the
client to update the client on
project schedule, design issues
and expected costs. Proposed
services may include:
Project Planning Phase:
On-Site Reconnaissance
Code/Regulatory Research
Analysis of Schematic Site
Plan
Boundary & Topographic
Surveying
Environmental Assessment
Land Planning
Preliminary Design Phase:
Preliminary Layout
Preliminary Grading
Utility Plans
Initial Estimate of Probable
Cost
Design Phase:
Site Layout Plan:
Parking & Striping Plan
Signage
Traffic Markings
Heavy& Standard Duty
Pavement
Sidewalks
Handicapped Parking, Ramps &
Ways
Dimensional Controls
Green Spaces
Grading and Drainage Plans:
Earthwork Computations
Drainage Computations
Spot Elevation and Grades
Storm Drainage Systems
Detention Facilities
Erosion & Sedimentation
Control Plan:
Erosion Control Devices
Sedimentation Ponds
Temporary & Permanent
Grassing
NOI Permitting
Temporary Diversion
Berms/Ditches
Soil Loss Calculations
Utility Plan:
Water Mains & Laterals
Water Meter Location
Power, Gas and Telephone
Routings
Sewer Mains and Laterals
Scope of Services
Land Surveying
Construction
Engineering
Inspections
Transportation
Engineering
Civil Engineering
Landscape Architecture
Pipeline Engineering & Surveying
GOOD WORK. GOOD PEOPLE.GOOD WORK. GOOD PEOPLE.
Page 310 of 394
SERVICES
Market Demand Analysis
Financial Feasibility Analysis
Sports Tourism Strategic Plans
Economic & Fiscal Impact Analysis
Venue Operating Pro Formas
Evaluation of JV/Partner
Opportunities
Custom Market Research
Sports Facility Operational Reviews
RFP & Negotiation Assistance
Sponsorship & Naming Valuations
Sports Marketing Plans
FACILITIES
Youth/Amateur Sports Tourism Facilities
(both Indoor & Outdoor)
Arenas & Event Centers
Stadiums & Ballparks
University Sports Facilities
Concert & Performing Arts Venues
Other Tourism, Hospitality
& Public Venues
At Victus Advisors, our approach is research-based, economic-
minded, and community-focused. We assist our clients in
establishing market-driven sports facility and sports tourism
plans that maximize impact and minimize risk. In fact, our
principals work directly with clients to create original plans that
identify opportunities, gauge risks, and provide next steps for
execution.
Victus Advisors has successfully provided our market-driven
and client-centric facility planning services to cities, counties,
CVBs, economic agencies, and sports commissions nationwide.
As an independently owned and operated advisory practice, we
pride ourselves on:
•Providing client-centric and community-focused services, that
meet the needs of stakeholders and community members.
•Facilitating original, market-driven research that is free from
conflicts of interest associated with contingent services.
•Delivering actionable reports that provide clients a full
understanding of the market demand, financial feasibility, and
economic realities.
•Leveraging our expert advisors’ industry experience to deliver
a plan based in reality and focused to move the plan forward.
SPORTS ADVISORY EXPERIENCE
Founded in 2012, Victus Advisors has quickly grown to be the
independent leader in sports and event facility advisory.
Victus Advisors’ leadership has consulted on hundreds of
projects across North America, featuring over $100 Billion in
economic impact net present value and creating plans totaling
over $20 Billion in facility construction costs.
VICTUS ADVISORS FIRM OVERVIEW
Page 311 of 394
Our experience is relevant and current. Since our firm’s founding over a decade ago, Victus has
completed over 100 sports. recreation, and event projects in nearly 40 states, as shown above.
Our proven research methods rely on primary market research and sports community engagement to
identify unique venue demand drivers and sports market opportunities for each client.
Our customized, analytical approach allows us to build unique models for each client, with quantified
opportunities for both local usage and regional/national sports events that drive economic impact.
DATA-DRIVEN
SPORTS MARKET
ANALYSIS
& DEMAND
PLANNING
SPORTS
COMMUNITY
ENGAGEMENT &
CUSTOMIZED
MARKET RESEARCH
QUANTIFIED
SPORTS FACILITY
DEMAND &
ECONOMIC IMPACT
PROJECTIONS
RELEVANT EXPERIENCE
PROVEN METHODOLOGIES
VICTUS ADVISORS FIRM OVERVIEW (CONT.)
Page 312 of 394
WE ARE INDEPENDENT SPORTS FACILITY EXPERTS
As an independently owned and operated consulting firm, our only motivation is
to provide conservative market research, financial/economic analysis, and development
project support that serves the best interests of our clients and their communities.
OUR OBJECTIVE SPORTS MARKET RESEARCH & ANALYSIS SERVICES INCLUDE:
VICTUS ADVISORS FIRM OVERVIEW (CONT.)
SPORTS MARKET
DEMAND STUDIES
Identify market-supportable
sports business opportunities
for your community
FINANCIAL FEASIBILITY
ANALYSIS
Develop sustainable
financial operating and
funding models
ECONOMIC IMPACT
ANALYSIS
Estimate sports tourism benefits
such as visitor spending,jobs,
wages,and taxes
CUSTOM MARKET
RESEARCH
Gather strategic insight and
community feedback via
online surveys and in-person
focus groups
DEMOGRAPHIC & SOCIOECONOMIC STUDIES
Profile, map, and segment
communities and markets
by key demographic and
socioeconomic features
FACILITY OPERATIONS
REVIEWS
Benchmark your existing
sports/recreation facility
operations and identify
improvement opportunities
SPORTS MARKETING
PLANS
Gather insights on your
current sports marketing
strategies and recommend
new strategic plans
OWNER’S
REPRESENTATION
Representing the sports facility
project owner's interests with
solicitation, procurement, and
oversight of facility design,
operations, and outsourced
services.
SPONSORSHIP & NAMING
RIGHTS VALUATIONS
Analyze the fair market
value of your sports
event facility’s corporate
sponsorship andnaming
rights opportunities
Page 313 of 394
VICTUS ADVISORS FIRM OVERVIEW (CONT)
Victus Advisors is known as one of the most trusted advisors to Convention & Visitors Bureaus, Sports
Commissions, and Economic Development Agencies across the country regarding research
and planning for sports tourism development projects. Our relevant client experience specifically with tourism
promotion, sports facility authority, and economic development agencies includes, but is not limited to:
TRUSTED SPORTS TOURISM EXPERTS
•Allen County Capital Improvement Board
•Big Sky Economic Development
•Columbia Convention & Visitors Bureau
•Cumberland Valley Visitors Bureau
•Destination Madison & Madison Area Sports
Commission
•Greater Zion Convention & Tourism
•Greendale Redevelopment Commission
•Historic Triangle Recreation Facilities Authority
•Lee County Sports Development
•Monroe -West Monroe Convention &
Visitors Bureau
•Nashville Convention & Visitors Corp.
•Opportunity Stanislaus
•Riverside Economic Development
•Riverside Economic Development
•Santa Cruz Economic Development
•Shreveport-Bossier Sports Commission
•Utah Olympic Legacy Foundation
•Virginia Beach CVB / Sports Marketing
•Visit Anaheim / Sports Anaheim
•Visit Billings
•Visit Camarillo
•Visit Fort Wayne
•Visit Greenville / Play Greenville NC
•Visit Heber Valley
•Visit Ventura County Coast
•Wausau/Central Wisconsin CVB &
Sports Authority
Page 314 of 394
PROPOSAL CONTACT INFORMATION
BRIAN CONNOLLY
FOUNDER &MANAGING PRINCIPAL
VICTUS ADVISORS LLC
(435)776-5728
BCONNOLLY@VICTUSADVISORS.COM
Page 315 of 394
Brian will be the Project Principal for Fairhope.
Brian founded Victus Advisors in 2012 to bring an objective,
market-driven, and client-centric approach to sports, recreation,
and event facility planning. He leads client relationship
management and project planning for the firm.
Brian is an Ivy League economics graduate with an MBA in
sports business, who after working in the municipal bond
markets and directing research and financial operations for a
leading financial research firm, decided to follow his passion for
sports business. In 2018, he was recognized by Connect Sports
as a “Game Changer” in the Sports Tourism industry.
INDUSTRY LEADERSHIP:
2018 Connect Sports ‘Game Changer’
Award Winner
Conference Speaker: Connect Sports,
International Association of Venue
Managers (IAVM), Association of Luxury
Suite Directors (ALSD)
University Lectures: Columbia University
Sports Management, Syracuse
University Falk School of Sport &
Human Dynamics, San Diego State
University Sports MBA Program
B.A., Economics -University of Pennsylvania
M.B.A., Sports Business -Arizona State University
Accounting Certificate –University of California, Berkeley
-Sports Facilities
-Sports Tourism
-Market Research
-Demand Modeling
-Financial Analysis
-Economic Analysis
-Strategic Planning Services
-Municipal Finance
Founder/Managing Principal –Victus Advisors –2012 to Present
Senior Consultant –Conventions, Sports & Leisure International
Business Strategy & Research –Orlando Magic (NBA)
Business Strategy & Research --Arizona Cardinals (NFL)
Director, Financial Analysis –Chatham Partners
Municipal Bond Analyst –Commerce Capital Markets
BRIAN CONNOLLY, MBA SENIOR PRINCIPAL
SPECIALTIES:
LEADERSHIP RESUMES VICTUS ADVISORS
SAMPLE SPORTS CLIENTS:
•Youth Sports – University of Tennessee/Blount County TN, Kansas City Current Soccer Complex MO, Alachua County FL, Lee
County FL, City of Williamsburg VA, City of Virginia Beach VA, City of Anaheim CA, City of Columbia MO, City of Fort Wayne IN,
City of Hagerstown (MD), Cumberland County PA, Northport AL, Monroe-West Monroe LA, Jacksonville NC, Greenville NC
•Stadiums – Aloha Stadium, PETCO Park, Globe Life Park, Proposed Rays Ballpark, Portland MLB, University of Phoenix Stadium,
First Energy Stadium, Oakland-Alameda County Coliseum, Levi’s Stadium, StubHub Center, Audi Field
•Arenas & Event Centers – Barclays Center, Amway Center, Capital One Arena, Scottsdale NHL Arena, Las Vegas Arenas,
Kaiser Permanente Arena, Fort Wayne Arena, Riverside Arena
EDUCATION:
WORK EXPERIENCE:
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Walter will be the Project Director for Fairhope.
Since joining Victus Advisors in 2015, Walter Franco has led our
market research and strategic analysis efforts for our sports
facility and sports tourism clients. Walter is bi-lingual, and his
professional experience prior to Victus includes projects and
roles with English-speaking groups such as Major League
Soccer, Real Salt Lake, and University of Utah, as well as
several Spanish-language projects for Mexican professional
soccer clubs. Walter earned an M.B.A. with a focus on sports
management from San Diego State University, and a B.A. in
business administration from the University of Utah.
INDUSTRY LEADERSHIP:
Conference Speaker: Yale University
Soccer Conference, Utah Recreation &
Parks Association
University Lectures: University of Utah,
San Diego State University Sports MBA
Program, BYU Sports Management
EDUCATION:
M.B.A., Sports Business -San Diego State University
B.A., Business Administration -University of Utah
-Primary Market
Research Methods
-Secondary Market
Research Methods
-Surveys & Focus Groups
-Usage Projections
-Operating Pro Formas
-Financial Modeling
-Economic Analysis
WORK EXPERIENCE:
Principal –Victus Advisors –2015 to Present
Corporate Development –Utah Grizzlies (ECHL)
Graduate Consultant –Soccer United Marketing / Major League Soccer
Analyst –Royal Bank of Scotland (RBS)
WALTER FRANCO, MBA PRINCIPAL
SPECIALTIES:
LEADERSHIP RESUMES VICTUS ADVISORS (CONT.)
RELEVANT CLIENTS:
•Alachua County (FL) – Multi-Use Sports & Event Center Feasibility Study
•Lee County (FL) – Sports Tourism Facilities Expansion Study
•University of North Florida (UNF) – UNF Arena Renovation Study
•City of Virginia Beach (VA) – Sports Venue Inventory, Market Assessment & Feasibility Study
•Monroe-West Monroe (LA) – Indoor Sports Center Feasibility Studies
•City of Santa Cruz (CA) – Multi-Use Arena Feasibility Study
•Visit Ventura County Coast (CA) – Sports Tourism Facility Feasibility Studies
•Marathon County / Visit Wausau (WI) –Sports Events Center Feasibility Study
•Allen County-Fort Wayne (IN) Capital Improvement Board – Events Center Feasibility Study
•City of Thornton (CO) – Cultural Arts & Performance Theater Feasibility Study
•State of Hawaii - Aloha Stadium & Mixed-Use Entertainment District Feasibility Study
•Yellowstone County (MT) – Indoor Sports Market & Feasibility Study
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Robbin Gregory, PLA, ASLA
Director of Planning & Landscape Architecture
Albertville Sports Complex (Sand Mountain Park)-Albertville, Alabama-
Planner/ Landscape Architect along with a team of engineers, planners,
architects and landscape architects on the master plans and landscape
architectural design for the 5 Softball, 4 Baseball and 5 multipurpose fields
for a new recreational park for the City of Albertville. Overall budget of the
park is $80 Million and includes an amphitheater, recreational facility, tennis
courts, recreational vehicle area, dog park and trails.
Town Creek Park & Cemetery-Auburn, Alabama -Landscape Architect
for the design of a cemetery and park for the City of Auburn. Project
includes master planning, landscape architecture design, environmental,
engineering, utilities, surveying, services. Includes design of natural district
park with roads. parking areas, renovated silo, open play fields, hiking trails,
boardwalks, lake, landscaping/irrigation, lighting plans, and architectural
features such as pavilions, restrooms, gazebos, maintenance building and
adjacent cemetery.
The City of Auburn and Auburn University's Yarbrough Tennis Center -
Auburn, Alabama -Professional Tennis Registry (PTR) Public Facility of
the Year in 2015. The design includes 34 courts including 16 clay courts,
33,314-square feet indoor space with six indoor courts, 12 outdoor courts
with stadium seating and 16 clay courts. The Yarbrough Tennis Center also
houses a pro shop, men's and women's locker rooms, concessions and a
meeting area. All 12 courts are world-class lighted courts used for both
competition and practice by the Auburn tennis teams. As one of the best
facilities in the Southeastern Conference, Auburn hosted the 2008 SEC
Women's Tennis Championships and the men's tournament in 2009. The
facility has also been a host of the USTA/ITA Southern Regional
Championships as well as various USTA events.
Lincoln Park-Lincoln, Alabama-Project Manager for a 190-acre
active/passive park that includes recreation/events center, tennis complex,
soccer complex, baseball/softball fields, hike and bike trails, wetland board
walks and bridges, disc golf course, maintenance and parking areas,
renovated existing clubhouse, gardens, picnic area and lakes.
City of Auburn Soccer Complex –Working in collaboration with
Chambless King Architects, GSA provided the design for the $10 million
recreational facility. The facility includes an additional 3 soccer fields,
20,000 SF recreational building, provides a bathroom building, over 200
space parking lot, 78 space parking lot and hardscape plaza design to the
existing soccer complex.
Foley Sports Complex (FSC) -Foley, Alabama -Project Manager for the
development of a Master Plan and construction plans for the 100-acre
athletic complex. Home to the "Alabama Turfgrass Association 2011 Sports
Complex of the Year". The state-of-the-art sports complex hosts local
recreation teams and is quickly becoming a hub for regional competitive
tournaments, like the USSSA Baseball World Series and the Alabama
Soccer Festival. Park features the Raymond C. Christensen Memorial 5-plex
used for both baseball and softball as well as the Ralph Schumacher Soccer
Complex featuring three lighted fields. Our two concession pavilions,
children's playground and scenic reflection pond. Future phases include a 4
plex softball complex, recreation center, 16 court tennis complex and
amphitheater.
City of Priceville Recreation & Events Center –Priceville, AL –Working
in collaboration with Chambless King Architects (CKA), GSA provided the
design for a $8 million Events Center. Includes site planning and hardscape
design for the 20,000 SF Event Center facility located adjacent to Priceville’s
City Hall.
City of Tuscaloosa –BBYMCA –Tuscaloosa, AL –
Planner/Landscape Architect with Chambless King Architects for site
selection & site planning. Includes a new 45,000 SF Recreational
Building, parking, three (3) Baseball/Softball fields & trails. Overall
budget is $10 million. Services included cost estimating & public
presentations to Mayor Walt Maddox and the City of Tuscaloosa’s
City Council.
Chilton County AL Master Plan –Gonzalez-Strength &
Associates, Inc. provided master planning and stakeholder/visioning
services in collaboration with the team of Chambless King Architects,
Byard Associates, LLC and WTL+a for 1,500 acre corridor along
Alabama 145 at Exit 212. This area will soon be the home of the
ALFA’s Centennial Park and includes Jefferson State Community
College’s Chilton Campus, St. and Vincent Hospital Clanton. The
master plan was based on stakeholder’s feedback, physical site
analysis, site visits to similar developments and a market/economic
impact study.
The comprehensive master plan report details the corridor’s current
and future retail, hospitality, medical/office, residential, recreation and
other business needs. In addition, the report includes a mixed-use
village center, business center, multiple residential villages and a
linear park located throughout the development. The master plan
also consists of a multitude of parks that include pool and clubhouse
areas, pocket parks, recreational facilities with multipurpose fields,
amphitheater, tennis courts and horse-riding areas. The Master Plan,
along with Centennial Park will help guide Clanton’s growth and
amenity needs into the next 10-20 years.
Rainbow City Master Plan –Rainbow City, AL –Land Planner &
Landscape Architect as part of the Chambless King Architect team
for Master Planning Rainbow City. Includes Site Analysis,
Stakeholder & Visionary meetings, Land Planning, Master Plan
Report Preparation & Site Selection for the next 15 years of Land
Uses per the KD Group’s Economic & Market Research Report.
Includes identification of Catalysis projects that connect residents &
visitors to the Coosa River, parks & trails expansion & location of a
new City Center.
Heritage Park-Foley, Alabama -Landscape Architect for the
master planning, construction documents and landscape plans. 5-
acre city park at the center of Foley with an old railroad terminal
serving as the focal point. Provided the master plans for the park
and designed the walkways, columns, special paving areas,
seatwalls, benches, landscaping, and other hardscape features, such
as brick pavers for the perimeter areas and corners of the park. The
design concept for the park was to provide a relaxing focus for the
City through formal and informal areas in which to gather, stroll, and
view.
Eastside Neighborhood Revitalization Plan-Pensacola, Florida.
Project Manager. The project included the Revitalization Plan for a
100-block area near downtown Pensacola. Provided a site analysis
map, opportunities and constraints map, character sketches,
conceptual gateway and intersections design, and
streetscape/hardscape recommendations. In addition, computer
images and architectural renderings were developed in order to
assist the stakeholders in realizing their vision for improvements to
the neighborhood. Public participation with stakeholders was
accomplished through workshops, surveys, and PowerPoint
presentations.
MEMBERSHIPS AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS (ASLA) URBAN LAND INSTITUTE (ULI) COUNCIL OF LANDSCAPE ARCHITECTURAL REGISTRATION BOARDS (CLARB)
Previous Experience
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Robbin Gregory Experience, Continued
USS Alabama Battleship Park Master Plan-Mobile, Alabama.
Project Manager. The project included a ten-year Master Plan for
the renovation of Battleship Park, which has been a national tourist
attraction for the State of Alabama for many years. The plan
features rerouting of the entrance boulevard, renovated parking
areas, a memorial walk and gardens, new gift shop, ceremonial
plazas, pier, commercial establishments, RV park, protective bulk
head and cathodic protection for the USS Alabama and the
relocation of the USS Drum, an historic World War II submarine.
The project included committee workshops, preliminary sketch plans
and program development. Provided master plans, public
participation meetings, phasing plan and renderings.
Airport Boulevard Revitalization-Birmingham, AL –Project
Manager for the revitalization of a two-mile corridor from I-20/59 to
the Birmingham Airport. Project serves as a gateway to the city and
includes the use of abstract art pieces integrated into a strong
landscape/hardscape design. Responsible for streetscape design,
hardscape design, construction documents, and stakeholder
workshops
Arlington Cove Park-Mobile, AL –Project Manager. Conceptual
Master Plan for the public access plan at Choctaw Point for the
Alabama State Docks. The plan features porous pavement parking
areas, public bathrooms, office and classroom space, outdoor
classrooms, reuse of historic architectural features, lake, picnic
areas, interpretive trails, hike and bike trails, educational signage,
boardwalks, piers and overlooks along Mobile Bay, pavilions,
gazebos, benches, playground areas, and native/ wetlands
landscaping.
Brooks Street Improvements-Fort Walton Beach, FL –
Landscape Architect, Rehabilitation of Brooks Street in the Fort
Walton downtown district. Responsible for streetscape design and
construction documents.
City of Foley Rails to Trails-Foley, AL –Project Manager, Master,
landscape, and construction plans for a 2-mile, 8-foot-wide hike/bike
trail located within an abandoned 100-foot-wide right-of-way. The
project takes advantage of the pedestrian traffic near the downtown
district, ties into the downtown train depot park, and includes a
pedestrian bridge, rest stops, benches, column entrance treatments,
lamp posts, and landscaping. Mr. Gregory was responsible for
developing a bikeway master construction plans and landscape
architectural plans for the project.
Fairhope Hike/Bike Trail-Fairhope, AL –Project Manager,
Rehabilitation of a hike/bike trail along Scenic Highway 98. Provided
streetscape design for Carter and Fort Streets from 13th Street to
14th Street and final construction plans for roadway and streetscape
for the intersection of Market Street and 3rd Street. The 1.2-mile
project consisted of survey, design, and inspection of a rebuilt
sidewalk along Scenic Highway 98 from the Fairhope Pier to
Gambino’s Restaurant. The scope of services included urban
roadway design, landscaping and an irrigation system. The projects
also included limited construction services and the preparation of
record drawings.
Heritage Park-Foley, AL –Landscape Architect, Master planning,
construction documents, and landscape plans for a 5-acre city park
at the center of Foley with an old railroad terminal serving as the
focal point. Provided the master plans for the park and designed the
walkways, columns, special paving areas, seatwalls, benches,
landscaping, and other hardscape features, such as brick pavers for
the perimeter areas and corners of the park.
High Pointe Park-Prichard, AL –Principal-in-Charge, provided
stakeholder meetings, master plan, landscape architectural design,
and construction observation services for this grant-funded
multipurpose park.
J. Larry Newton Park Master Plan-Fairhope, AL –Project Manager, Master
plan and construction plans for the 40-acre community park at the existing
Newton Middle School. The park includes hike and bike trails, athletic fields, a
tennis complex, and an educational wetland display area.
Montlimar Creek-Mobile, AL –Project Manager, Design services project
involving an 8-foot hike/bike trail located along 4,900 feet of right-of-way that
runs from Airport Boulevard to Michael Boulevard. Construction plans included
the bike/hike trail, education kiosk, bikeway signage and intersection striping,
pedestrian bridge, benches, columns, bollards, fences, special paving treatment,
and landscape treatment.
Orange Beach/Gulf State Park Trail-Orange Beach, AL –Landscape
Architect/Planner, prepared preliminary plans for a 6.8-mile, 8-foot-wide trail that
will interconnect State Park Road 2, East Beach Boulevard, and Orange Beach
Boulevard. The trail will go through Gulf State Park and include several
trailheads with restrooms, gazebos, information kiosk, benches, screened
porches, and parking areas.
Orange Beach Bike & Pedestrian Way Phase II-Orange Beach, AL –
Landscape Architect, Provided conceptual planning, final construction plans, and
construction observation on this state grant project for a bike and pedestrian trail
along Highway 180 in Orange Beach. The project was completed in 2 phases
and involved 1-mile-long and 6-mile-long concrete bike and pedestrian trails
along a residential street.
Three Mile Creek Hike and Bikeway-Mobile, AL –Landscape Architect,
Design of landscaping, an information kiosk, benches, and a gray water irrigation
system for 4,500 linear feet of an 8-footwide trail along Three Mile Creek and a
park.
Robles Park-Tampa, FL. Project Manager. Located in the historic Tampa
Heights neighborhood, Robles Park has long been an underutilized and
neglected open space. Through the City of Tampa Mayor’s Beautification
Program, the park was reprogrammed to better serve the surrounding
community. The new Robles Park provides venues for a wide range of passive
and active recreation opportunities. The park consists of three complementary
activity zones. Sports fields are separated from the playgrounds and interactive
children’s fountain by a littoral shelf with native wetland plants. Across the pond
from the children’s’ zone is a community garden and picnic area. This zoned
design maximizes the existing park facilities while introducing new elements,
such as public art and water features, to invigorate neighborhood interest and
spur surrounding development.
WIllowsford-Washington, DC. Project Manager. Project manager and
designer. Willowsford is a 4,000-acre development that was awarded Master
Plan Community of the Year in 2015 and 2016, by the Home Builders
Association of America. Includes envisioning / branding development, site
planning, landscape architectural treatment, signage, design guidelines and
construction documents. The trend setting design includes a range of housing
and a wealth of amenities, including a working farm and a farm-to-table focus.
The project consisted of four villages linked thematically and with shared
amenities. Design includes community gateways, miles of streetscape,
clubhouse / amenity areas, parks, trails and open space, amphitheater, dog
parks, community parks and amenity areas with playgrounds, pool and splash
pads. Landscape architectural treatment provides for an authentic Northern
Virginia treatment with low stone walls and four board fencing. Development
includes community supported agriculture (CSA) with farming, pastureland,
conservation areas and community gardens.
Garrett Park Sports Complex-Robertsdale, Alabama, for the City of
Robertsdale. Project Manager. The project included the design of 6
softball/baseball fields, 2 concession stands, press boxes and a maintenance
building. Project included boundary and topographic survey, site design,
electrical design, landscape architecture, environmental permitting and
construction engineering inspection services. Future phases of the project
include a men’s softball field; football field; 5 soccer fields; 4-court tennis
complex; 2 basketball courts; and a Junior Olympic pool.
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Robbin Gregory Experience & Honors
George Ward Park, Birmingham, Alabama -Project Manager and
Landscape Architect for the renovation of a large park for the City of
Birmingham. Includes master planning and landscape architectural
design of the multi-purpose trail with benches, landscaping, parking
areas and playground areas.
Caldwell Park-Birmingham, Alabama -Project Manager and
Landscape Architect for improvements to an existing urban park in
the historic neighborhood called Highlands in Birmingham, Alabama.
Services included site planning and landscape architecture design.
Public meetings, master plans, character boards and presentation
boards were furnished as part of our service. Design includes the
use of existing stones as borders to the pathway system, porous
paving, benches, picnic areas, lighting, landscaping and stairs.
Cahaba River Regional Park-Project Manager. Master planning
and landscape architectural design for a large 250-acre regional
active/passive park located near the Cahaba River. Design features
24 soccer fields, 15 baseball/softball fields, roadways, lakes, parking,
hike/bike trails, amphitheater and city hall/police substation.
HONORS
Design Awards for Robbin Gregory
Auburn University’s Yarbrough Tennis Center-Tennis
Registry’s Public Facility of the Year in 2015
Willowsford-National Home Builders of America,
National Community of the year award for 2012, 2013
and 2014.
Liberty Park-Honor Award, Georgia Chapter of ASLA
The Carol and Frank Morsani Center for Advanced
Health Care at the University of South Florida (USF)-
Top 30 most architecturally impressive Hospitals in the
world, AIA and ASLA awards
The Terraces-Honor Award, Georgia Chapter of ASLA
Inverness-Outstanding Development Award Horizon
280 Association
Inverness Cliffs-Outstanding Development Award
Horizon 280 Association-Honor Award, Georgia
Chapter of the ASLA
Perimeter Center-Merit Award -Georgia Chapter of the ASLA
H. Lee Moffitt Cancer Center at the University of South
Florida (USF)-Best of the Best”, Tampa Bay Chapter
NAIOP
Riverpoint-Outstanding Office Development Award,
Horizon 280 Association
Trust Company Bank at Perimeter Center-Doreys
Industry Choice Award
Stone Creek-Outstanding Development Award
The Waters-Outstanding Development Award
The Grove at Grand Bay-First LEED certified residential
building in South Florida-Green Building
Birmingham Airport Gateways and Revitalization-ASLA
and City of
Birmingham Design Awards
Oxmoor-Honor Award from Georgia Chapter of the
ASLA
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Brent Pierce, PLA
Project Manager
Education:
Auburn University
University of Virginia
Registered Landscape Architect:
Georgia # 1187
North Carolina # 1577
Park Experience:
Albertville Sports Complex (Sand Mountain Park) - Albertville, Alabama
Landscape Architect along with a team of engineers, planners, architects and landscape architects on
the master plans and landscape architectural design for the 5 Softball, 4 Baseball and 5 multipurpose
fields for a new recreational park for the City of Albertville. Overall budget of the park is $80 Million and
includes an amphitheater, recreational facility, tennis courts, recreational vehicle area, dog park and
trails. Ongoing. Current Firm.
Lincoln Park- Lincoln, Alabama- Project Manager for a 190-acre active/passive park that includes
recreation/events center, tennis complex, soccer complex, baseball/softball fields, hike and bike trails,
wetland board walks and bridges, disc golf course, maintenance and parking areas, renovated existing
clubhouse, gardens, picnic area and lakes.
City of Auburn Soccer Complex – Working in collaboration with Chambless King Architects, GSA
provided the design for the $10 million recreational facility. The facility includes an additional 3 soccer
fields, 20,000 SF recreational building, provides a bathroom building, over 200 space parking lot, 78
space parking lot and hardscape plaza design to the existing soccer complex.
City of Priceville Recreation & Events Center – Priceville, AL – Working in collaboration with
Chambless King Architects (CKA), GSA provided the design for a $8 million Events Center. Includes
site planning and hardscape design for the 20,000 SF Event Center facility located adjacent to
Priceville’s City Hall.
Skyland Park – Atlanta, GA
Project Landscape Architect for the design of a park. Plans for the eight (8) acre site included a multi-
use field, volleyball, etc., dog parks and a playground. Features included custom solar canopies with
charging stations and custom furniture. Role included concept design and construction documents.
Completed in 2018.
Murphy Candler Open Space Field – Brookhaven, GA
Project Manager for a flexible use project that included an open space field and amphitheater.
Responsible for conceptual design and construction documents. Completed in 2018.
Blackburn Park – Brookhaven, GA
Project Landscape Architect for this two (2) acre project involving the expansion of an existing park to
include an open space field, pavilions and a playground. Project is ongoing.
Clearwater, FL Mixed-Use Development
Project Landscape Architect involved in the redesign of downtown waterfront area, including a public
park, botanical gardens, an amphitheater and public pier.
Hill Street Park – Raleigh, NC
Project Manager for the development of this 16 acre open space and greenway project. Project
elements included a neighborhood activity center, covered outdoor picnic area and phase I trails. The
use of bioswale, permeable asphalt, and a cistern for recycling of run-off was proposed as part of the
park’s goal for sustainability. Completed in 2013.
Reeves Creek Greenway – Stockbridge, GA
Project manager for this TEE funded greenway, which included a 1.5 mile trail system that connects an
existing park to developments to the east. Bridges and boardwalks were used to help preserve
ecologically sensitive areas. Completed 2009.
Euchee Creek Greenway – Grovetown, GA
Project Manager for this TEE funded trail expansion project. Trail extension was around a mile in length
and included a bridge. Completed 2005.
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MARKET DEMAND STUDY & LOCATION ANALYSIS
FOR RIVER RUN PARK SPORTS COMPLEX AND
WATER PARK IN NORTHPORT, ALABAMA (2021)
Victus Advisors and Counsilman-Hunsaker Aquatics were engaged in 2021 by the City of
Northport, Alabama (in Tuscaloosa County) to conduct a comprehensive feasibility study for the
potential development of a multi-sport complex and aquatic park in Northport. Victus Advisors’
primary project goals for this study included:
•Market Demand Analysis - Determined market demand and market opportunity for a new
multi-sport complex and aquatic park, for both local and regional use.
•Facility Program – Developed recommendations for program needs and amenities that could
be associated with a new multi-sport complex and aquatic park in Northport.
•Site/Location Analysis – Identified potential sites for a new multi-sport complex and aquatic
park that could both attract events and capture their economic impacts.
•Financial & Economic Analysis - Estimated the financial, economic, and fiscal impacts that
could be associated with new sports tourism visitation due to the proposed multi-sport
complex and aquatic park.
In December 2022, City leaders approved plans for the new River Run sportsplex and a new
outdoor adventure park:
REPRESENTATIVE PROJECTS VICTUS ADVISORS
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FEASIBILITY STUDY FOR RENOVATION & EXPANSION
OF CAMP JORDAN PARK SPORTS FACILITIES
IN EAST RIDGE, TENNESSEE (2024)
Victus Advisors is currently providing the City of East Ridge, Tennessee (a suburb of
Chattanooga) with Sports Facility Feasibility Study for the potential expansion and/or
enhancement of indoor and outdoor facilities located at the City’s Camp Jordan Park.
The City is interested in the enhancement and optimization of sports venues in Camp Jordan
Park. In particular, the City wants to know:
•What sports venues should we improve?
•What sports venues should we add?
•What are our Sports Tourism opportunities, and how do we capitalize?
Our initial market feasibility report is due in March, and our final financial/economic feasibility
report is due in May.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
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MARKET FEASIBILITY & OPPORTUNITY STUDY
FOR A NEW BASEBALL/SOFTBALL COMPLEX IN
GREENVILLE, NORTH CAROLINA (2023-24)
Victus Advisors was engaged in 2023 by the City of Greenville, North Carolina, to conduct a
sports tourism complex feasibility study, which included:
Phase 1 – Sports Tourism Market & Facility Analysis
•Sports Tourism Market Demand Analysis – Identified strengths & weaknesses of Greenville as
a sports tourism market.
•Sports Facility Opportunity Analysis – Identified & analyzed sports tourism facility
opportunities for Greenville, in particular a new 12-field baseball/softball complex.
Phase 2 – Financial & Economic Feasibility Analysis
•Operating & Financial Analysis – Developed a recommended operating model and custom
financial pro forma for a new tournament-caliber baseball/softball complex.
•Economic/Fiscal Impact & Funding Analysis – Estimate the economic/fiscal impacts that could
be generated by a new baseball/softball complex with artificial turf and lights throughout.
We presented our findings, recommendations, and analysis to Greenville City Council in January
2024.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
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MARKET, FINANCIAL & ECONOMIC ANALYSIS
FOR A NEW SPORTS TOURISM DESTINATION
COMPLEX IN JACKSONVILLE, NC (2023)
As part of a master planning process for a new Recreational & Sports Complex in Jacksonville,
North Carolina, Victus Advisors is currently providing McAdams (the master planning lead) and
the City of Jacksonville with analysis regarding potential opportunities for a new sports tourism
facility (or facilities) to be located on a 400+ acre City-owned property that will be dedicated to
both economic development (via sports tourism) and local recreational opportunities. Our sports
tourism market and facility study tasks include:
•Local/Regional Sports Facility Assessment
•Sports Tourism Market Analysis
•Sports Tourism Facility Recommendations
•Sports Tourism Facility Pro Forma
•Financial Feasibility & Funding Analysis
•Economic & Fiscal Impact Analysis
We kicked off our study in June 2023. Our sports market demand study results are due in
August, and our final financial feasibility and economic impact analysis components are due in
October. At the completion of our study and analysis, McAdams developed site and facility
master plan based on our results and recommendations, as shown below:
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
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SPORTS TOURISM FACILITIES EXPANSION
STUDY FOR LEE COUNTY SPORTS
DEVELOPMENT (2017)
In 2017, Victus Advisors provided Lee County, Florida, with the following research and analysis
of potential sports tourism opportunities for the County’s Sports Development department:
•Sports Tourism Facility Study - https://www.leegov.com/sports/facilityexpansionstudy
Our analysis included extensive market research of local recreational and competitive sports
usage (demographic/socioeconomic analysis, facility inventory, stakeholder interviews, focus
groups, online surveys, etc.) and assessment of regional/national sports tourism demand
(telephone interviews with regional/national event promoters). We delivered market-supportable
recommendations for sports facility expansion options, including an economic impact analysis of
the potential construction/operations of expanded sports tourism facilities.
Based upon our recommendations, the County chose to pass on a potential private partnership
that would have included a significant expansion of the County’s already strong baseball field
inventory, and instead the County is working towards an expansion of softball fields to diversify
their bat-and-ball sports offerings.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
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SPORTS, RECREATION & TOURISM COMPLEX MARKET,
FINANCIAL & ECONOMIC STUDY FOR CHEROKEE
COUNTY, SOUTH CAROLINA (2023-24)
Victus was engaged in December 2023 to provide Alliance Consulting Engineers and Cherokee
County, South Carolina, with market, financial, and economic analysis related to the proposed
Cherokee County Sports, Recreation & Tourism Property. Victus’ primary study goals included:
•Market Demand Analysis - Develop a comprehensive profile of the strengths and weaknesses
of Cherokee County as a recreation and sports destination market.
•Market & Facility Opportunity Analysis – Develop an analysis of sports tourism and event
market and facility opportunities for Cherokee County. Usage Estimates & Financial
Projections – Estimate users and attendance for each identified venue opportunity, and
develop a custom financial operating pro forma for the proposed venues.
•Economic/Fiscal Impact & Funding Analysis – Develop estimates of the economic/fiscal
impacts that could be generated by new venues and development.
Our analysis was utilized to develop an initial site master plan (shown below) and to solicit grand
funding opportunities from the State of South Carolina.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 329 of 394
MARKET & FINANCIAL FEASIBILITY STUDY FOR
A NEW SPORTS COMPLEX & ATHLETIC RESEARCH
CENTER IN BLOUNT COUNTY, TENNESSEE (2017)
Victus Advisors recently provided the University of Tennessee with a market/financial feasibility
study for a proposed youth sports complex and sports research/performance facility at the
University’s Center for Athletic Field Safety, which would be a joint project with Blount County.
Our study included demographic and socioeconomic analysis, market demand analysis,
comparable facility benchmarking, building program recommendations, operating estimates and
financial projections, funding options analysis, economic impact estimates, site analysis, and
preliminary concept designs.
The facility is envisioned (as shown in the concepts below) to be a functioning indoor/outdoor
amateur sports complex, located on University property and operated by an experienced 3rd-
party sports facility manager, and it will also serve as a “living lab” for university researchers to
analyze field safety, bio-mechanics, athlete performance, etc.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 330 of 394
SPORTS FACILITIES ASSESSMENT &
OPPORTUNITY ANALYSIS FOR THE CITY
OF EDMOND, OKLAHOMA (2023)
Victus Advisors recently provided the City of Edmond, Oklahoma (one of the largest Oklahoma
City suburbs and 5th largest city in the state) to conduct a sports facilities assessment to help
determine the maximum sports market potential of current sports facilities in Edmond, including
soccer, baseball, softball, basketball, volleyball, swimming, tennis, pickleball, football, lacrosse,
etc. In May 2023, we presented our Phase 1 findings, which included:
•Market Demand Analysis - Comprehensive profile of the strengths and weaknesses of
Edmond as a sports market.
•Sports Tourism Market & Facility Opportunity Analysis – Analysis of sports tourism market
and facility opportunities for the City of Edmond.
We presented our Phase 2 analysis to the Edmond City Council in July 2023 which included:
•Operating & Financial Analysis – Analyzed the current operating structure of each existing
sports venue in Edmond and made recommendations regarding operating approaches.
Developed recommended operating model and custom financial pro forma for renovated
baseball/softball complexes and a new 10-field multi-use artificial turf complex.
•Economic/Fiscal Impact & Funding Analysis – Developed estimates of economic/fiscal
impacts and project funding potential within the City of Edmond for new/improved sports
facilities.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 331 of 394
MARKET FEASIBILITY STUDY & STRATEGIC PLAN
FOR A NEW SPORTS PARK IN THE TOWN
OF CHRISTIANSBURG, VIRGINIA (2019-20)
Victus Advisors provided the Town of Christiansburg and Faulconer Construction Company with
a sports fields market analysis and strategic plan for a new outdoor multi-use park in the
Blacksburg region of southwest Virginia. Our primary project tasks included:
•Market Demand & Needs Analysis - Determined market demand and market opportunity for a
new outdoor sports, recreation, and events park, for both local and regional use.
•Operating & Marketing Analysis – Analyzed and created a series of operating and marketing
recommendations for the Town of Christiansburg.
•Pro Forma – Developed usage and revenue/expense projections for the new park.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 332 of 394
ECONOMIC ANALYSIS OF A NEW YOUTH SOCCER
COMPLEX AT THE NWSL KANSAS CITY CURRENT
PRACTICE FACILITY IN RIVERSIDE, MISSOURI (2023)
The Kansas City Current women’s professional soccer club engaged Victus Advisors in January
2023 to conduct an economic and fiscal impact analysis for a new youth soccer complex and
related development adjacent to the Current’s new training facility in the City of Riverside,
Missouri, which is located directly across the river from Downtown Kansas City.
The $18 million training facility opened in June 2022, and includes a 17,500 square foot indoor
facility, plus three (3) outdoor soccer pitches. Future phases of development on the site will
create a youth and amateur soccer complex, which will include ten (10) additional soccer
pitches (13 total, with 11 available for youth/amateur use), an academy building, two (2)
concessions and restroom buildings, and adjacent commercial development
KC Current engaged Victus to analyze the impacts that the new youth soccer complex will
generate for the City of Riverside and for the State of Missouri, including the construction and
operations of the new youth and amateur soccer complex, as well as adjacent commercial
development (to be analyzed in future drafts). Economic impact estimates included direct
spending, total economic output, job creation, and wages associated with new jobs, as well as a
fiscal impact model to estimate the incremental public tax revenues generated for the City/State.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 333 of 394
MARKET DEMAND & FINANCIAL FEASIBILITY STUDIES
FOR AN INDOOR PICKLEBALL FACILITY & A MULTI-
SPORT FIELDHOUSE IN FORT WAYNE, INDIANA (2023)
Victus was engaged in 2023 by Parkview Health, a non-profit network of 10 community hospitals
and more than 100 clinic locations in northeast Indiana and northwest Ohio. Parkview has
historically invested heavily in sponsorship of youth and amateur sports facilities and programs,
and they are now considering building and operating their own sports and recreation facilities.
Parkview hired Victus to conduct market demand studies and financial feasibility analysis for
their first two potential sports facility design/build projects:
1.Wellness Center & Pickleball Club with 38 pickleball courts (26 indoor and 12 outdoor),
fitness center, performance training, physical therapy, and sports medicine clinic (shown in
the image below-left).
2.Multi-Sport Indoor Fieldhouse with at least two (2) full-sized indoor artificial turf fields for
athletic training, 7-on-7 football, baseball and softball training, indoor lacrosse, indoor
soccer, and a youth sports academy. In addition, the facility would also have three (3)
permanent basketball/volleyball courts, with the ability to expand up to eight (8) courts via
portable flooring systems (shown in the image below-right).
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 334 of 394
OUTDOOR SPORTS COMPLEX FEASIBILITY
STUDY IN SALISBURY, NC (2015-16)
In 2015, Victus Advisors was engaged by Rowan County, North Carolina, with a market,
financial, and economic feasibility study for a proposed new outdoor, multi-sport, field complex
for baseball, softball, soccer, and lacrosse. Victus Advisors worked with a multi-stakeholder
project team including Rowan County staff, the Salisbury Convention & Visitors Bureau, and
parks and recreation staff from the various municipalities within the County.
Our study tasks included sports market demand analysis, facility needs assessment and
program recommendations, financial projections (operating revenues and expenses), operating
recommendations, funding options analysis, preliminary site analysis and conceptual drawings
(via a Salisbury-based local architecture firm, as shown below), and economic/fiscal impact
analysis. We submitted our report to the County in early 2016.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 335 of 394
FEASIBILITY STUDY FOR A NEW
BASEBALL & SOFTBALL COMPLEX IN THE
VILLAGE OF WESTON, WISCONSIN (2019)
In spring 2019, Victus Advisors completed an outdoor fields complex study for the Village of
Weston, Wisconsin. Our analysis included a market and financial feasibility study for a proposed
outdoor multi-field baseball/softball sports complex with at least 8 diamonds. It is the goal of the
Village to develop a sports and recreation center, integrated into the overall park planning effort
Village-wide, for the purpose of both local resident use as well as a regional sports activity
center and sports tourism driver for the benefit of local hotels and restaurants. The results of our
study were delivered to the Village in April 2019. The concept plan developed as part of our
study is shown in the image below, and a copy of our report is available at the following link:
https://westonwi.gov/AgendaCenter/ViewFile/Agenda/_05062019-940#page=10
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 336 of 394
MARKET & FINANCIAL FEASIBILITY STUDY FOR
A BASEBALL/SOFTBALL TOURNAMENT COMPLEX
& WATERPARK HOTEL IN COOPERSTOWN, NY (2022)
Victus Advisors was engaged in September 2022 by Cooperstown Hyde Park Inc to a conduct a
market and financial feasibility study for the Cooperstown Experience youth baseball and softball
complex in Cooperstown, New York. The facility is planned to have eight (8) baseball/softball
complex focused primarily on weeklong tournament activity in the summer months, a 150-room
hotel, and an attached 30,000 sq. ft. indoor waterpark. Our primary goals for this study include:
•Market Demand Analysis – Analyze market demand and market opportunity for Cooperstown
Experience, for both local and regional use.
•Facility Program – Develop recommendations for program needs and amenities that could be
associated with Cooperstown Experience.
•Financial Operating Analysis – Develop a custom financial operating model for at least the
first 15 years of operations of the proposed venue.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 337 of 394
MARKET/FINANCIAL FEASIBILITY STUDY & ECONOMIC
IMPACT ANALYSIS FOR ALACHUA COUNTY SPORTS
& EVENTS CENTER IN GAINESVILLE, FL (2018-19)
2018 – Victus was initially engaged by Alachua County to prepare a market demand analysis
and site options analysis for a potential new multi-use sports center to be located in the City of
Gainesville. Our study results envisioned that the sports center would seat 3,000 spectators and
be a multi-purpose, flexible and functional space that will accommodate athletic events,
banquets, graduations, and various consumer shows, performances, and meetings. The recent
renovations to the University of Florida’s O’Connell Center saw the loss of the region’s only
indoor track, and so in addition to flat floor space and sports courts, the facility will also include
a banked indoor track that will draw events and visitors from throughout the southeastern U.S.
•PHASE I – MARKET STUDY: https://alachuacofl.civicclerk.com/Web/GenFile.aspx?ad=18570
2019 - Victus was engaged again by the County in 2019 to help establish a public-private
partnership with Celebration Pointe, the private mixed-use development on the west side of
Gainesville that we identified as the preferred location for the long-term success of a new sports
center. Victus initially met with the private developer to begin establishing ownership,
governance, and operational parameters for the new event center, and then Victus developed
independent recommendations and estimates for facility management options, annual usage
projections, facility operating pro forma, and economic/fiscal impacts (including direct spending,
total output, job creation and wages, annual hotel nights, and local/regional tax revenues.
•PHASE II – FINANCIAL & ECONOMIC ANALYSIS:
http://alachua.legistar.com/gateway.aspx?M=F&ID=549b 959d-5 cad-412b-be56-
567cf1940fb7.pdf
2021-2023 – The $38 million indoor sports and events center was approved by the Board of
Alachua County Commissioners and broke ground at Celebration Pointe in September 2021.
The facility opened for it’s first track and field event in Q1 2023: https://alachua-sports.com/
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 338 of 394
MARKET RESEARCH & ECONOMIC ANALYSIS FOR THE
EXPANSION OF TOURNAMENT-CALIBER TENNIS COURTS
AT FORSYTHE PARK IN MONROE, LOUISIANA (2022)
Victus Advisors was engaged again by the Monroe-West Monroe CVB (or the “CVB”) in
December 2021 to complete market research and economic analysis related to the potential
addition of tournament-caliber tennis courts to Forsythe Park in the City of Monroe (“City” or
“Monroe”). In January 2022, we delivered the following analysis to the CVB and City:
•Identified tournament operator interest and opportunities for new tennis tournament activity in
the Monroe-West Monroe area.
•Quantified the demand for additional tennis courts necessary to host new tennis tournament
activity.
•Provided recommendations regarding target court inventory and other building program
amenities at Forsythe Park.
•Quantify the incremental economic and fiscal impacts that could be associated with the
addition of more tournament-caliber tennis courts to Forsythe Park in Monroe.
The City and the CVB are negotiating to add seven (7) tournament-caliber tennis courts to
Forsythe Park, which would result in a grand total of 15 courts at the site. The City of Monroe
submitted a grant application to the CVB in the amount of $2.5 million to help fund the nearly
$2.9 million expansion project. Expansion of the tennis courts at Forsythe Park would allow
Monroe to retain Louisiana High School Athletic Association (LHSAA) regional and state
tournaments, as well as to attract more and larger tennis tournaments.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 339 of 394
MARKET STUDY FOR THE ALL SPORTS VILLAGE
INDOOR/OUTDOOR SPORTS COMPLEX IN WINDSOR
LOCKS, CONNECTICUT (2020)
Victus Advisors was engaged by JABS Sports Management to conduct a market study for All
Sports Village (ASV) in Windsor Locks, Connecticut (pop. 12,500). ASV will include both indoor
and outdoor sports venues, including a 150,000 sq. ft. indoor artificial turf facility with both full-
sized and smaller synthetic fields for indoor soccer, flag football, and training; and a 200,000 sq.
ft. indoor court facility with 20 basketball courts (convertible to up to 40 volleyball courts).
The study was requested by MuniCap, Inc., for inclusion within a Limited Offering Memorandum
in conjunction with the sale of special obligation bonds for the Town of Windsor Locks to finance
certain construction costs associated with the ASV project. The Offering Document will be
provided to buyers and potential buyers of the bonds and will supply them with information to
rely upon in making their purchase decision. Victus Advisors provided a market study that
included the following key components:
•Demographic and socioeconomic analysis, including site/market-specific location analysis
•Local sports market competitive analysis (local use)
•Regional sports market competitive/comparable venue analysis (regional and national events)
•Identification of potential sports user groups and markets, locally/regionally/nationally
•SWOT analysis identifying competitive sports market advantages/disadvantages
•Analysis of initial usage, pricing, and financial projections provided by the developer
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 340 of 394
MARKET & FINANCIAL FEASIBILITY STUDY FOR A
157-ACRE OUTDOOR MULTI-SPORT TOURNAMENT
COMPLEX IN ANAHEIM, CALIFORNIA (2018)
Victus Advisors was engaged by Sports Anaheim, the sports marketing division of Visit Anaheim,
to conduct a market study and land assessment for a new outdoor multi-sport complex to be
developed on 157 acres in the City of Anaheim. The purpose of our study was to provide
Anaheim’s community stakeholders, including Sports Anaheim, Visit Anaheim, City of Anaheim,
and Anaheim School District, with information to aid their understanding of the potential
costs/benefits of sports complex construction that will both increase the sports tourism market
and be a benefit to the local community. The market study also provided data that will support
the ability to recruit, expand, or develop sporting events based on new facilities.
Our initial vision for the complex, as shown below, includes a mix of outdoor rectangular fields
and baseball diamonds, as well as other facilities that could include a track and field stadium,
and other recreational uses. Victus Advisors’ study identified the market-supportable mix of
fields and amenities, as well as identification of usage levels by key user groups, proposed plan
(including initial site and engineering analysis) for the 157 acre site, cost analysis of proposed
facility construction and ongoing operational expenses, recommended funding options,
economic and fiscal impact analysis, and a trends and forecast analysis of U.S. sports tourism.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 341 of 394
MARKET, FINANCIAL & ECONOMIC FEASIBILITY STUDY
FOR A NEW OUTDOOR SPORTS & WELLNESS COMPLEX
IN EL CENTRO, CALIFORNIA (2020)
Victus Advisors is currently providing the City of El Centro and the Imperial County Office of
Education with a comprehensive feasibility study for a proposed new outdoor sports complex.
The initial vision for the complex, as shown below, includes at least 15 soccer fields, plus
additional recreation and wellness amenities for the local community. The land is located within
the City of El Centro but owned by the County Office of Education, therefore Victus Advisors
was engaged by the joint powers to determine the feasibility of the project. Our results are due
in July 2020, and some of our key tasks will include:
•Community Engagement (Online Survey, Interviews, Focus Groups)
•Local Sports Program & Facility Inventory
•Competitive Facility & Comparable Market Analysis
•Demand Assessment & Facility Recommendations
•Operating & Financial Projections
•Funding Options Analysis
•Economic & Fiscal Impact Analysis
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 342 of 394
ECONOMIC & FISCAL ANALYSIS OF
HAMILTON SPORTS PARK IN THE
CITY OF NOVATO, CALIFORNIA (2016)
In 2016, Victus Advisors provided the City of Novato, California, with an independent and
objective analysis of a potential public-private partnership to develop a 55-acre outdoor sports
complex in Novato. The proposed Hamilton Sports Park includes a 500-seat championship
ballpark, four (4) field baseball/softball complex & training center, four (4) multi-sport community
fields, trail system for community use, parking lots and a wide variety of fan/visitor amenities.
The sports complex was proposed to the City by a private developer/operator, and would
require use of land that is currently publicly owned within City limits. As a key component of its
evaluation of the proposal, the City engaged Victus Advisors to assess the impacts that could be
generated in terms of construction spending, on-going facility operations, and increased sports
tourism. We delivered our report to the City in March 2016.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
Page 343 of 394
FEASIBILITY STUDY FOR A NEW REGIONAL
OUTDOOR SPORTS COMPLEX IN WASHINGTON
COUNTY, UTAH (2016)
Washington County, Utah, is one of the fastest growing counties in the country, having added
more than 100,000 new residents since 1990. In 2016, Victus Advisors was engaged by a multi-
stakeholder project team to analyze the community need, market demand, and financial
feasibility of a new regional sports and recreation complex. The stakeholder group was led by a
non-profit board (Hurricane Regional Sports), the City of Hurricane, and Washington County, as
represented by the Greater Zion/St. George area convention and visitors bureau.
Victus Advisors analyzed the market potential for a new regional sports/recreation complex that
could be constructed on public land and operated by a non-profit sports group, with the goal of
not only meeting the rapidly growing local sports and recreation needs of Washington County
residents, but also continuing to diversify the area’s portfolio of tourism drivers, especially
during the national park tourism shoulder seasons. Our feasibility report was completed in Q1
2016, and included market assessment, citizen/stakeholder participation, sports needs and
priorities, site analysis, project cost estimates, utilization and financial projections, operating
recommendations, and project funding options analysis.
REPRESENTATIVE PROJECTS VICTUS ADVISORS (CONT.)
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SAND MOUNTAIN PARK
Albertville, AL
Client: City of Albertville/ Chambless King Architects
Use: Parks & Recreation
Services:Master Planning, Landscape Architecture, Zoning, Architecture
Planner/Landscape Architect along with a team of engineers, planners, and
architects on the master plan and the landscape architectural design for the
5 softball, 4 baseball and 5 multipurpose fields for a new recreational
complex for the city of Albertville.
Overall budget for the park is $85 million and includes a 7,500-person
capacity amphitheater, 103,000SF community. Recreational facility, 16
tennis courts, recreational vehicle area, outdoor water park, playgrounds,
dog parks and trails.
GOOD WORK. GOOD PEOPLE.
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CITY OF AUBURN SOCCER COMPLEX
Auburn, AL
Client: City of Auburn
Use: Parks & Recreation
Services:Master Planning, Architecture (Chambless King Architects), Landscape
Architecture and Civil Engineering
Working in collaboration with Chambless King Architects, GSA provided the design for the $9
million recreational facility. The facility includes an additional 3 soccer fields, 20,000 SF
recreational building, provides a bathroom building, over 200 space parking lot, 78 space parking
lot and hardscape plaza design to the existing soccer complex.
GOOD WORK. GOOD PEOPLE.
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GOOD WORK. GOOD PEOPLE.
CITY OF FOLEY SPORTS PARK
Foley, AL
Client: City of Foley
Use: Parks & Recreation
Services:Master Planning, Public Presentations & Construction Documents
Project manager for the 90 acre regional athletic complex. Park features a 5-plex baseball complex, 4-
plex softball complex, recreation center, 16 tennis court complex, amphitheater, hike and bike trails, 5-
acre lake, basket all courts, playgrounds, outdoor theater and parking areas. Included directing
stakeholder meetings and public presentations approval, master planning, construction documents,
bidding and construction observation.
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GOOD WORK. GOOD PEOPLE.
PRICVILLE RECREATION AND EVENTS CENTER
Priceville, AL
Client: City of City of PricevilleUse: Parks & RecreationServices:Master Planning, Civil Engineering, Surveying, Landscape Architecture
Working in collaboration with Chambless King Architects (CKA), GSA provided the design for an $8 million events center.
Includes site planning, master planning, landscape architecture, civil engineering, surveying, and hardscape design for the 20,000 SF events center facility located adjacent to the Priceville City Hall.
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GOOD WORK. GOOD PEOPLE.
WINNER PROFESSIONAL TENNIS REGISTRY’S PUBLIC FACILITY OF THE YEARAUBURN UNIVERSITY’S YARBROUGH TENNIS CENTER
Auburn, AL
Client: City of Auburn / Auburn University
Use: Higher Education
Services:Site Planning / Construction Documents
Project manager and designer for the site planning and construction documents for the 34-court Auburn
University Indoor / Outdoor Tennis Complex.
Included 6 indoor courts, 12 outdoor courts with stadium seating and 16 clay courts, pro shop, men’s and women’s locker rooms, concessions, meeting area, picnic areas, observation decks, walkways and park areas. Features 12 world-class lighted courts used for both competition and practice by the Auburn tennis teams.
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TOWN CREEK PARK & CEMETERY
Auburn, AL
Client: City of Auburn
Use: Parks & Recreation
Services:Master Planning & Landscape Architecture
Project manager and designer of an 85-acre undeveloped parcel of land owned by the City of Auburn
and included roads, parking, open play fields, hiking trails, reuse of original silo from diary farm,
landscaping / irrigation, lighting plans, and architectural features such as pavilions, restrooms,
gazebos, maintenance building and a cemetery. Services provided included master planning,
construction documents, construction administration and bidding, stakeholder meetings and public
presentations.
Mr. Gregory’s experience while with another firm.
GOOD WORK. GOOD PEOPLE.
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LEEDS MASTER PLAN
Leeds, AL
Client: U.S. Steel Real Estate
Use: Mixed Use / Parks & Recreation
Residential
Services:Master Planning
Working in conjunction with U.S. Steel Real
Estate and Harris Doyle Homes, Gonzalez-
Strength & Associates, Inc. provided master
planning services for the 533 acre
residential community. The master plan
concept was based on the landscape
program and the physical site analysis.
An earlier master plan concept provided for
the City of Leeds includes the Regional
Sports Complex with softball, baseball,
multi-purpose fields, amphitheater, and
community service buildings. In addition, a
mixed use / retail concept was provided for
the City of Leeds to attract developers. The
mixed use area is located in a high-profile
area adjacent to the Shoppes of Grand River
Outlet Center and Interstate 20 / Old
Highway 78.
GOOD WORK. GOOD PEOPLE.
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NEW BENJAMIN J. BARNES FAMILY YMCA
Tuscaloosa, AL
Client: City of Tuscaloosa
Use: Parks & Recreation
Services:Master Planning &
Landscape Architecture
Planner/Landscape Architect with
Chambless King Architects for site
selection & site planning. Includes a new
45,000 SF Recreational Building, parking,
three (3) Baseball/Softball fields & trails.
Overall budget is $10 million. Services
included cost estimating & public
presentations to Mayor Walt Maddox and
the City of Tuscaloosa’s City Council.
GOOD WORK. GOOD PEOPLE.
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CITY OF FOLEY HIKE & BIKE TRAIL
Foley, AL
Client: City of Foley
Use: Parks & RecreationServices:Master Planning & Landscape Architecture
Project Manager, Master, landscape, and construction plans for a 2-mile, 8-foot-wide hike/bike trail located within
an abandoned 100-foot-wide right-of-way. The project takes advantage of the pedestrian traffic near the downtown district, ties into the downtown train depot park, and includes a pedestrian bridge, rest stops, benches, column
entrance treatments, lamp posts, and landscaping. Mr. Gregory was responsible for developing a bikeway master plan, construction plans and landscape architectural plans for the project.
Mr. Gregory’s experience while with another firm.
GOOD WORK. GOOD PEOPLE.
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GATEWAY PARK
Foley, AL
Client: City of FoleyUse: Parks & Recreation
Services:Master Planning & Landscape Architecture
Project manager and designer for the Gateway Park leading into the City of Foley. Includes a new clock tower,
native landscaping, special paving, benches and lake with large fountain.
Mr. Gregory’s experience while with another firm.
GOOD WORK. GOOD PEOPLE.
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GOOD WORK. GOOD PEOPLE.
SKYLAND PARK
Atlanta, GA
Client: City of Brookhaven, GA
Use: Parks & Recreation
Services:Master Planning,
Landscape
Architecture
Project Landscape Architect for the
design of a passive/active park.
Plans for the eight (8) acre site
included a multi-use field,
volleyball, etc., dog parks and a
playground. Features included
custom solar canopies with
charging stations and custom
furniture. Role included concept
design and construction
documents.
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GOOD WORK. GOOD PEOPLE.
LINCOLN PARK
Lincoln, AL
Client: City of LincolnUse: Parks & RecreationServices:Master Planning, Landscape Architecture, Engineering & Surveying
Project Manager for a $50 million, 190-acre active/passive park that includes recreation/events center, tennis complex, 6 field soccer complex, 4 baseball/softball fields, hike and bike trails, wetland board walks and bridges, disc golf course, maintenance and parking areas, renovated existing clubhouse, gardens, picnic area and lakes.
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RAINBOW CITY MASTER
PLAN
Rainbow City, AL
Client: Rainbow City
Use: City Planning
Services:Land Planning &
Landscape Architecture
Stakeholder Meeting &
Visioning Meeting
Land Planner & Landscape Architect as
part of the Chambless King Architect
team for Master Planning Rainbow City.
Includes Site Analysis, Stakeholder &
Visionary meetings, Land Planning,
Master Plan Report Preparation & Site
Selection for the next 15 years of Land
Uses per the KD Group’s Economic &
Market Research Report. Includes
identification of Catalysis projects that
connect residents & visitors to the
Coosa River, parks & trails expansion &
location of a new City Center.
GOOD WORK. GOOD PEOPLE.
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BRIDGEPORT MASTER PLAN
Bridgeport, AL
Client: City of Bridgeport
Use: City Planning
Services:Land Planning & Landscape
Architecture Stakeholder
Meeting & Visioning Meetings
Gonzalez-Strength & Associates, Inc.
provided master planning and
stakeholder/visioning services in
collaboration with the team of Chambless
King Architects. The master plan was
based on stakeholder’s feedback, physical
site analysis, site visits to similar
developments and a market/economic
impact study.
The comprehensive master plan report
details the city’s current and future retail,
hospitality, medical/office, residential,
recreation and other business needs.
Included improvement to Downtown area
& connect with trails, parks and overlooks
to the Tennessee River. The Master Plan
will help guide Bridgeport’s growth and
amenity needs into the next 10-20 years.
GOOD WORK. GOOD PEOPLE.
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Proposed Services,
Timeline & Fees - Phase 1
Market Feasibility Study/
Conceptual Master Plan/
Architectural Floor Plan &
Rendering.
•SECTION 5A
GOOD WORK. GOOD PEOPLE.
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A.Kickoff Meetings, Review Cursory Physical, Site Analysis, Site Tour & Stakeholder Interviews
(2 days on-site) – To kick off this study, the GSA Team will meet in Fairhope with the project
steering committee in an initial planning meeting. Our goals for this kickoff meeting will be to:
•Engage project leadership and establish the defined working group.
•Gather opinions regarding the historical background and key drivers of this project.
•Confirm the proposed study process and goals.
•Review the results of our initial ‘Information Request’ and collect any other relevant
data or reports.
•Review cursory physical site analysis (base maps with available site
data/topographic/floodplain/wetlands and existing tree cover).
•Tour proposed project site(s).
While on site, the GSA Team will also meet in 1-on-1 meetings with key stakeholders and
sports community leaders. These interviews will help to develop an understanding of local
and regional usage demand. We will rely on the Client to help us identify these key
stakeholders/users and assist us with arranging these meetings to take place in Fairhope.
Typically, we complete at least 10-15 stakeholder interviews over the course of our two days
on-site. Additional telephone interviews will also be completed for any stakeholder who is not
available during our on-site meeting days.
B.Local Market & Facility Analysis (Demographic & Socioeconomic Analysis, and Local Sports
Program/Facility Inventory) – The GSA Team will analyze local sports programs and facilities
within the Fairhope/Baldwin County area, including competitive youth and amateur sports
programs and the sports facilities they utilize. Our facility analysis will include the location,
facility type, ownership, operations, maintenance, users, events, and fee structures. Victus
has found that local sports groups can often be the catalyst for: a) weekday usage, and b)
launching homegrown tournaments that can attract significant tournament activity. This
analysis will also include a demographic/socioeconomic analysis, as well as rental and
participation rates/costs for facilities in the Fairhope/Baldwin County area.
C.Competitive/Comparable Sports Market & Facility Analysis – the GSA Team will review at
least 5 comparable sports markets and their key sports tourism complexes, including
demographics, facility type, owner/operator, rental fees, tournament utilization, daily
programming and tenants, courts/fields/other surfaces, attendance/seating capacities, hotels
and other amenities, and other such key operational and financial data. This comparable
facility review will serve as the baseline for benchmarking best practices and facilities
against Fairhope. In this task, we will also identify key trends within the sports facilities and
sports tourism industry, both based on our review of competitive sports facilities and our
experience working on similar projects across the country.
PROPOSED SERVICES PHASE 1 MARKET FEASIBILITY STUDY
58
3a:
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D.Telephone Interviews with Local/Regional User Groups & Regional/National Sports
Tournament Organizers – In addition to the on-site interviews with key stakeholders and local
sports user groups, the GSA Team will also conduct at least 15-20 additional telephone
interviews with other amateur sports and event organizers that have hosted events in
Fairhope or similar markets in recent years. These interviews will result in a list of interested
organizers who could bring their events to an expanded or enhanced sports complex in
Fairhope that meets their needs.
E.SWOT Analysis – Based on the results of the prior tasks, we will identify factors that could
differentiate Fairhope and a potential expanded or enhanced sports facility from comparable
sports destinations. To do so, we will conduct a sports tourism SWOT analysis, which will
evaluate the strengths, weaknesses, opportunities, and threats (SWOT) of the City’s current
and future competitive landscape, and it will cover sports travel and tourism-related
positioning, existing facility assets and market strengths/weaknesses, and the
regional/national competitive environment as it relates to attracting sports tourism.
F.Market Demand Analysis & Facility Recommendations – Based on the results of our market
analysis, as well as our firm’s extensive sports facility planning experience, the GSA Team
will develop recommendations for program needs and amenities (indoor and/or outdoor) that
could be associated with an expanded and/or enhanced sports complex in Fairhope. Our
program recommendations may include but may not be limited to demand for sports
surface/space inventory, layouts and specifications by sport and use, seating needs
(temporary and permanent), other programmable event space and multi-use capabilities,
food and beverage areas, merchandise and apparel shops, operations and storage, locker
rooms, showers, restrooms, parking needs, etc.
G.Architectural Studies
The GSA team will provide “vertical design elements,” floor plan diagrams & character
gggstudies including
•Restrooms & concessions
•Shade structure/ Pavilions
•Diagrammatic recreation center.
H.Conceptual Master Plans (2-3)
The GSA team will provide 2-3 master plans concepts utilizing the recreation building
diagram by CKA & the market facility demand analysis recommendations for sports fields. In
addition, we will provide a level of magnitude cost estimate for the114 acre sports park.
I.Presentation of Market Feasibility Results (Market Research Findings & Facility
Recommendations) – At this point in our process, we will prepare and present our interim
findings and facility demand assessment/recommendations in Fairhope. The goal of this
interim presentation is to provide an assessment of what demand exists, and at what scale.
This interim presentation will ensure that the GSA Team and Fairhope are on the same page
regarding the initial vision for the enhanced/expanded facility, prior to proceeding with the
additional phases of operational, financial, and economic analysis.
59
PROPOSED SERVICES PHASE 1 (CONT.)
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MARKET FEASIBILITY STUDY TIMELINE – The GSA Team proposes to complete our Phase 1
scope of services in approximately twelve (12) weeks, as shown below:
PROFESSIONAL SERVICE FEES – Our professional service fees for the Market Feasibility Study
will be $50,000
TRAVEL EXPENSES– In addition to professional fees, we will bill for travel expenses, etc.
60
PROPOSED TIMELINE & FEES PHASE 1 MARKET STUDY
Note: GREEN Box shows two (2) planned trip to Fairhope in Phase 1
Final
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Proposed Services, Timeline & Fees - Phase 2 Financial Feasibility & Economic Impact Analysis/ Updated Conceptual Master Plan & Architectural Rendering.
•SECTION 5B
GOOD WORK. GOOD PEOPLE.
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PHASE 2 – FINANCIAL FEASIBILITY STUDY & ECONOMIC/FISCAL IMPACT ANALYSIS
A.Sports Complex Usage Model & Operating Pro Forma – The GSA Team will project both the
sustainable daily usage (local use) and the number of special or recurring events and
attendance (sports events/tournaments) that a new sports complex in Fairhope could
potentially host in a typical year of operations. For each of the appropriate usage categories
that we identify, we will estimate the annual levels of usage by sport, user, usage type,
season, etc.
We will then develop a custom financial operating model for at least the first five (5) years of
operations, including detailed operating revenue and expense projections by line item, such
as:
This financial analysis will ultimately assess whether a new sports complex in Fairhope could
sustain its own operations via facility operating revenues, or if additional funding sources
would be necessary to sustain operations and/or debt service.
B.Management Options & Operating Model Analysis - The GSA Team will evaluate options for
the on-going operations of the enhanced/expanded sports complex. This analysis will be
based on an evaluation of operating structures, staffing requirements, tenant/lease
structures, and both public and public/private operating structures for similar sports facility
developments regionally and across the country.
We will develop a summary of various options regarding the management and operations of
the proposed complex, including a discussion of advantages/disadvantages that could be
associated with each model, whether:
•Publicly operated,
•Privately for-profit operated, or
•Privately non-profit operated.
PROPOSED SERVICES PHASE 2 FINANCIAL & ECONOMIC STUDY
62
3b:
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C.Economic & Fiscal Impact Analysis – In It is likely that the construction and operations of a
new sports complex would have significant economic and fiscal impacts in the City of
Fairhope. In this task, we will utilize our extensive experience conducting economic and
fiscal impact studies for sports complexes to prepare estimates of the potential impacts of
the proposed Fairhope sports complex. These estimates will be based upon the usage,
operating, and financial projections developed by Victus Advisors, as well as the industry-
standard IMPLAN economic multiplier system and the direct spending characteristics of
visitors to similar sports complexes. Our economic and fiscal impact analysis for this study
will include, but may not be limited to the following estimates:
•Incremental Annual Visitation - Total annual visitors from outside of City limits
•Visitor Direct Spending by Industry Category - Direct spending from visitors that will
occur in the City on an annual basis, categorized by industry sector, such as retail,
restaurant, hospitality, etc.
•Indirect & Induced Spending, Jobs & Wages – We will calculate indirect and induced
impacts throughout the economy via the industry-leading IMPLAN multiplier system.
•Hotel Nights & Excess Hotel Demand – Incremental annual hotel nights that could be
generated within the City by overnight visitors to the sports complex for multi-day
tournaments. We will also analyze the existing hotel availability and identify any
potential future need for hotel rooms to accommodate the recommended complex.
•Fiscal Impacts - Incremental local tax revenues that could be generated on an annual
basis, such as sales tax, hotel tax, etc.
D.Funding Options Analysis – Victus Advisors will analyze both the private funding and public
debt service/financing alternatives used to develop and maintain comparable venues in
similar markets. To the extent possible, we will also quantify these potential funding sources
according to the unique characteristics of Fairhope. Based upon our previous project
experience, and prior to any customized analysis of the local market, a preliminary list of
potential public and/or private funding sources for a sports venue could include, but may not
be limited to:
•Public sector: General obligation bonds, Ad valorem taxes, Facility taxes, Visitor
taxes, Tax increment financing (TIF), Grant programs, General funds, etc.
•Private sector: Public-private partnerships (P3); Private donations; Foundation gifts;
Corporate naming; Tenant, operator, or concessionaire participation; Private
development rights; etc.
E.Updated Master Plan Architectural Diagram and Level of Magnitude Cost Estimate
F.Presentation of Financial Feasibility & Economic/Fiscal Impact Results – We will prepare and
present our financial and economic findings and present them in-person to City staff and key
stakeholders.
63
PROPOSED SERVICES PHASE 2 (CONT.)
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FINANCIAL & ECONOMIC STUDY TIMELINE - The GSA Team proposes to complete our Phase
2 scope of services in approximately eight (8) weeks, as shown below:
PROFESSIONAL SERVICE FEES – Our professional service fees for the Financial Feasibility &
Economic Impact Study (Phase 2) will be $60,000.
NOTE – In addition to professional fees, we will bill for purchase of IMPLAN multiplier data
(approximately $3,760) and travel expenses to Fairhope, etc.
64
TIMELINE & FEES PHASE 2 FINANCIAL & ECONOMIC STUDY
Note: GREEN Box shows two (2) planned trip to Fairhope in Phase 2
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CLIENT REFERENCES:
KEVIN KELLY
PARKS & RECREATION DIRECTOR
CITY OF AUBURN
171 NORTH ROSS STREET, SUITE 200
AUBURN, AL 36830
(334) 501-2930
ROBEN R. DUNCAN
PARKS & RECREATION (LPRD),
DIRECTOR
CITY OF LINCOLN
255 MAGNOLIA STREET / PO BOX 172
LINCOLN, AL 35096
(205) 763-1006
LAPARRY HOWELL, MPA
EXECUTIVE DIRECTOR, OFFICE OF
COMMUNITY & NEIGHBORHOOD
SERVICES
CITY OF TUSCALOOSA
2201 UNIVERSITY BLVD.
TUSCALOOSA, AL 35401
(205) 248-5080
SAM HEFLIN, MAYOR
CITY OF PRICEVILLE
242 MARCO DRIVE
PRICEVILLE, AL 35603
(256) 318-4270
JOE TAYLOR
MAYOR
CITY OF RAINBOW CITY
3700 RAINBOW DRIVE
RAINBOW CITY, AL 35906-6324
(256) 442-2511
RIP WEAVER, CLARB, ASLA
CITY OF HOOVER
CITY LANDSCAPE ARCHITECT
2020 VALLEYDALE ROAD
HOOVER, AL 35244
(205) 444-7743
ANDRE BITTAS
CITY OF PELHAM
DIRECTOR OF DEVELOPMENT
SERVICES & PUBLIC WORKS
3162 PELHAM PKWY
PELHAM, AL 352124
(205) 620-6413
6: References GOOD WORK. GOOD PEOPLE.
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7: SITE LOCATION MAP
Page 368 of 394
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GOOD WORK. GOOD PEOPLE.
CONTACT:
RECREATION & PARK DESIGN
Robbin Gregory, P.L.A.DIRECTOR OF LANDSCAPE ARCHITECTURE | LAND PLANNINGt: 205.942.2486rgregory@gonzalez-strength.com
CIVIL ENGINEERING
Mark Gonzalez, P.E.PRINCIPAL | PRESIDENT OF ENGINEERINGt: 205.942.2486mark@gonzalez-strength.com
LAND SURVEYING
Jon P. Strength, P.L.S.PRINCIPAL | PRESIDENT OF SURVEYINGt: 205.942.2486jps@gonzalez-strength.com
TRANSPORTATION ENGINEERING
James Brown, P.E.PRESIDENT OF TRANSPORTATION SERVICESt: 205.942.2486jbrown@gonzalez-strength.com
GONZALEZ-STRENGTH & ASSOCIATES, INC.
Hoover Office: 1550 Woods of Riverchase Drive | Suite 200 | Hoover, AL 35244Tuscaloosa Office: 2315 14th Street | Tuscaloosa, AL 35401
www.gonzalez-strength.com
GOOD WORK. GOOD PEOPLE.
Page 369 of 394
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Pat White Date: 08/01/2024
Department: Recreation
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. Gonzalez-Strength & Associates, Inc. $ 50,000
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? Feasibility Study for new 114 Acre Park
2. What is the total cost of the item or service? $50,000
3. How many do you need? Click or tap here to enter text.
4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Click or tap here to enter text.
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? $50,000
3. Budget code: 1250 / 50290
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 370 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-618
FROM: Pat White, PARKS & RECREATION DIRECTOR
SUBJECT: The Director of Parks and Recreation, Pat White, is requesting to
procure a professional architectural firm for additions and alterations
to the Fairhope Stadium Press Box.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve negotiated not-to-exceed amount of $22,750.00 for this project and allow
the Mayor to execute a contract with Paul Carpenter Davis Architecture, P.C.
BACKGROUND INFORMATION:
The Director of Parks and Recreation, Pat White, is requesting to procure a professional
architectural firm for additions and alterations to the Fairhope Stadium Press Box. The
scope of this project will include the following:
• ADA ramped access from the parking lot
• Expanded press box with game logistics space
• Four seats workspace for the home team
• Two seats workspace for the visiting team
• Two media rooms
• Restroom
• Two filming locations
The work will include:
• Conceptual Design
• Construction Documents
• Bidding
• Package for DCM Review
Per the City "Procedure for Procuring Professional Services for Projects under
$100,000.00," The Mayor and the Director of Parks and Recreation would like to
establish a not-to-exceed amount for professional architectural services of Twenty-Two
Thousand Seven Hundred Fifty Dollars ($22,750.00) and execute a contract with Paul
Page 371 of 394
Carpenter Davis Architecture, P.C.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001250-
50475
Recreation -
Capital
Improvements
$22,750.00 $22,750.00 $0.00
Fairhope Stadium Press Box total project costs included in FY2024 Budget is
$140,000.00.
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 372 of 394
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 with Paul Carpenter Davis Architecture, P.C. for Professional
Architect Services (RFQ PS24-036) for additions and alterations to the Fairhope
Stadium Press Box with a not-to-exceed amount of $22,750.00.
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 373 of 394
July 25, 2024
Pat White
Director of Parks and Recreation
City of Fairhope
161 North Section Street
Fairhope, Alabama 36532
Pat.white@fairhopeal.gov
RE: Additions and Alterations to the Fairhope Stadium Press Box
Dear Mr. White,
It was a pleasure to hear about your project. I appreciate the opportunity to provide you with a proposal
for the additions and alterations to the Fairhope Stadium Press Box.
Scope: Any areas exceeding 500sqft will require ADA access. With that in mind, PCDA can provide the
following:
• ADA ramped access from the parking lot
• Expanded press box with game logistics space
• Four seats workspace for the home team
• Two seats workspace for the visiting team
• Two media rooms
• Restroom
• Two filming locations
Fee Structure:
Initial Payment $2,000
Conceptual Design $3,500
Construction Documents $13,750
Bidding $2,000
Package for DCM Review $1,500
Total $22,750
Please call with any questions. If acceptable, please advise and my office will forward a contract for review and
signature.
Sincerely,
Paul C. Davis, President
Paul Carpenter Davis Architecture, P.C.
Page 374 of 394
Page 375 of 394
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Pat White Date: 08/01/2024
Department: Recreation
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. PCDA Architecture $
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? Engineering of Alterations to Press Box at Majors Field
2. What is the total cost of the item or service? $22,750
3. How many do you need? Click or tap here to enter text.
4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Click or tap here to enter text.
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? $144,000
3. Budget code: 1250 / 50475
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 376 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-612
FROM:Sherry Sullivan, Mayor
SUBJECT:The Mayor, Sherry Sullivan, is requesting Extension No. 2 for Bid No.
23-003 Lease of Fairhope Soccer Concession Stand. The lease is
$417.00 per month paid to the City of Fairhope.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
To approve the extension No. 2 of the contract for Bid No. 23-003 Lease of Fairhope
Soccer Concession Stand to Blast Soccer Club, Inc. for the same terms and conditions
as the original bid award.
BACKGROUND INFORMATION:
The Mayor, Sherry Sullivan, is requesting Extension No. 2 for Bid No. 23-003 Lease of
Fairhope Soccer Concession Stand. The original lease agreement was executed on
October 20, 2022 and awarded to Blast Soccer Club, Inc. The Request for Extension
No. 2 will extend the references lease agreement until October 19, 2025.
Blast Soccer Club, Inc. has agreed to Extension No. 2, with all terms and conditions of
the original lease agreement.
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Page 377 of 394
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 378 of 394
RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to
execute a contract for Extension No. 2 of (Bid No. 23-003) Lease of Fairhope Soccer
Concession Stand with Blast Soccer Club, Inc. per the terms and conditions of the
original contract.
ADOPTED ON THIS 26TH DAY OF AUGUST 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 379 of 394
City of Fairhope
Bid No. 23-003
Lease of Fairhope Soccer Concession Stand
Lease Agreement Extension No. 2
This EXTENSION NO.2 of LEASE AGREEMENT ("Extension") is made this _____ day of _______________________
,2024, for the purpose of extending the lease agreement known as Bid No. 23-003 Lease of Fairhope Soccer
Concession Stand, dated October 20, 2022, (“Original Contract") between the City of Fairhope and Blast Soccer
Club, Inc. (the "Parties").
1. The Original Agreement, which is attached hereto as a part of this Extension, is described below:
Bid No. 23-003 Lease of Fairhope Soccer Concession Stand
and was to end on October 19, 2023 at midnight.
2. The Parties agreed to extend the Original Contract for an additional period, Extension No. 1, which began
immediately upon the expiration of the original period, October 20, 2023, and was to end on October 19, 2024.
2. The Parties agree to extend Extension 2 agreement for an additional period, which will begin immediately upon
the expiration of the original time period October 20, 2024 and will end on October 19, 2025.
3. This Extension binds and benefits both Parties and any successors or assigns. This document, including the
attached Original Lease Agreement, is the entire agreement between the Parties. All other terms and
conditions of the Original Lease Agreement, including pricing, remain unchanged.
Page 380 of 394
IN WITNESS WHEREOF, the parties hereto have executed this Contract Extension as of the day and year first
above written.
THE CITY OF FAIRHOPE, ALABAMA ATTEST:
______________________________
BY: Sherry Sullivan, Mayor BY: Lisa A. Hanks, MMC, City Clerk
NOTARY FOR THE CITY
STATE OF ALABAMA}
COUNTY OF BALDWIN}
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 381 of 394
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 382 of 394
RESOLUTION N O. 4574-22
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 Lease Fairhope
Soccer Concession Stand for (Bid No. 23-002) at the Soccer Complex at 555 South
Section Street in the City of Fairhope offices , Fairhope, Alabama.
[2] At the appointed time and place , only one bid was received and tabulated as
follows:
Blast Soccer Club, Inc. $417.00 per month lease
[3] At the appointed time and place; after evaluating the bid with the required
specifications , Blast Soccer Club , Inc. is now awarded (Bid No . 23-002) Lease
Fairhope Soccer Concession Stand for $417 .00 per month .
ADOPTED ON THIS 10TH DAY OF OCTOBER, 2022
e Reid Conyers, .,
ouncil President
Attest :
Page 383 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-623
FROM: Sherry Sullivan, Mayor
SUBJECT: The Homecoming Parade in Downtown Fairhope for Fairhope High
School on Thursday, September 26, 2024, from 5:00 p.m. to 8:30
p.m. as well as the use of the Fairhope Beach Pavilion; and
immediately following the parade for the bonfire pep rally. The route
begins at the Fairhope Civic Center to Fairhope Avenue; right on
Fairhope Avenue; then right to Pavilion. The City will provide for
Public Safety.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
City Council approve the Homecoming Parade in Downtown Fairhope for Fairhope High
School on Thursday, September 26, 2024, from 5:00 p.m. to 8:30 p.m. as well as the
use of the Fairhope Beach Pavilion; and immediately following the parade for the
bonfire pep rally. The route begins at the Fairhope Civic Center to Fairhope Avenue;
right on Fairhope Avenue; then right to Pavilion. The City will provide for Public Safety.
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:
Page 384 of 394
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 385 of 394
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby approves the Homecoming
Parade in Downtown Fairhope for Fairhope High School on Thursday, September 26,
2024, from 5:00 p.m. to 8:30 p.m. as well as the use of the Fairhope Beach Pavilion; and
immediately following the parade for the bonfire pep rally. The route begins at the
Fairhope Civic Center to Fairhope Avenue; right on Fairhope Avenue; then right to
Pavilion. The City will provide for Public Safety.
ADOPTED ON THIS 26TH DAY OF AUGUST, 2024
______________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 386 of 394
FAIRHOPE HIGH SCHOOL
PR INC IPAL
JON CAROWCLL
August 19 , 2024
Mayor Sherry Sullivan
Fa i rhope City Council
City of Fairhope
P.O. Drawer 429
Fairhope , AL 36533
Dear Mayor:
ONE PIRAT E DRIVE
FA I R H OP E , ALABAMA 365 3 2
T ELEPHONE (251) 928-8309
FAX (251) 990-2053
I am reque sting a parade route for the Fairhope High School homecoming parade to b e hel d at
5 :30pm September 26 , 2024, as well as the use of the Fairhope Beach Pav i lion (W & E)
immediately following the parade for the bonfire pep rally. The hours needed for both event s
would be 5:00pm to 8:30pm on the day t o include the set up and actual event.
We are reque stin g that the rental fee be waived for this school function .
Plea se feel free to call for any add itional information that may be needed. I look forward to
h eari ng your response and thank you in advance for your consideration .
Principal
Teag an Lanicek
SGA President
Page 387 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-624
FROM:Marcus McDowell, City Attorney
SUBJECT:The Blind Tiger is authorized to place a 10 foot x 7 foot screened
structure around an outdoor charcoal grill contiguous to the
southwest corner of the leased premises to comply with Health
Department mandates. The area in question is strictly limited to
exterior grill food prep only and shall not be used for direct sale of
food, merchandise sales, storage, or any other purpose. The
structure shall comply with all building, fire, health department and
other regulatory mandates. The limited screened in area is allowed
by the Governing Body in consideration of ADA compliant ramps,
emergency exits and other improvements provided to the leased
premises by TBT Fairhope, LLC.
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
City Council adopt Resolution that The Blind Tiger is authorized to place a 10 foot x 7
foot screened structure around an outdoor charcoal grill contiguous to the southwest
corner of the leased premises to comply with Health Department mandates.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
Page 388 of 394
RESOLUTION NO. ______
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That TBT Fairhope, LLC d/b/a The Blind Tiger is authorized
to place a 10 foot x 7 foot screened structure around an outdoor charcoal grill contiguous
to the southwest corner of the leased premises to comply with Health Department
mandates. The area in question is strictly limited to exterior grill food prep only and shall
not be used for direct sale of food, merchandise sales, storage, or any other purpose. The
structure shall comply with all building, fire, health department and other regulatory
mandates. The limited screened in area is allowed by the Governing Body in
consideration of ADA compliant ramps, emergency exits and other improvements
provided to the leased premises by TBT Fairhope, LLC.
DULY ADOPTED THIS 26TH DAY OF AUGUST, 2024
__________________________________
Corey Martin, Council President
Attest
_________________________________
Lisa A. Hanks, MMC
City Clerk
Page 389 of 394
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-607
FROM: Jenny Wilson, Assistant City Clerk
SUBJECT: Harbor Board Appointment
AGENDA
DATE:
August 26, 2024
RECOMMENDED ACTION:
City Council to appoint Michael Nash to the Harbor Board for a four (4) year term. The
term shall end August 2028.
BACKGROUND INFORMATION:
In the July 10, 2024 Harbor Board meeting, the Board made a unanimous
recommendation to appoint Michael Nash to fill the vacant board member position.
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 390 of 394
HARBOR BOARD
NOMINEE (S)
4 -Year Term
APPOINTMENTS .
Michael Nash
REAPPOINTMENTS .
The term shall end August 2028
Page 391 of 394
City Counc il seeks to have divers ity in mak i ng appo intment to boards and committees . It is the policy of the City Counc il t o ma ke appointments
based on the needs of the City as w ell as th e interes ts and quali fi cations of each app li cant . In accordance with t he Code of Al abam a, all applican t s
must be qualifi ed electors and t axpayers in t he City, exclud ing t he Planning Commiss io n. Al l app li cations filed with t he City Cler k will be pub li c
r ecord .
Fi rst Name:
M ichael
Last Name:
Nas h
Mobile Phone Number
81 52529382
E-mail :*
nashcattle@gmall .com
Home Address *
Stree t Addres s
23937 Montrose Woods Dr.
Add ress Lin e 2
City
Fairhope
Po st al/Zip Code
3 6532-6367
Business Address
Stree t Ad dress
23937 Montrose Woods Dr.
Address Lin e 2
City
Fairhope
Po st al/Zip Cod e
36532-6367
Name of Board or Comm ittee :•
Harbor Board
Educa ti on Ba ck grou nd *
see PDF
Profess iona l Licenses and /o r Assoc iations *
see PDF
Phone Number:
St ate /Province /R eg ion
AL
Count ry
United States
State/Province/Reg ion
AL
Coun t ry
United States
Page 392 of 394
Profess i ona l Expe ri ence *
see PDF
Civ i c Interests an d/or Servi c e Membershi ps •
see PDF
How do you r qualifications best serve the needs of the community?•
see PDF
Resume
You may attach a resume with this application. [PDF Only}
App li cat ion for appointment to City Board Ha r bor Committ ee.pd
Signature
110.53KB
Page 393 of 394
Application for appointment to City Board Harbor Committee, Continued
Educatio n Background
Associates Degree Registered Nurse, was studying toward a BSN.
Professional Licenses and Associations
American Sailing Assoc iation
Operating Engineers
Reg i stered Nurse , Licensed i n Alabama , Illinois, Colorado
Trauma Nurse Specialist, Pa r amed i c, Certified Pediatr i c Eme rgency Nurse .
National Cattleman's Association
American Quarter Horse Assoc iation
Professiona l Experience
Blue water sa i lor, having sailed t he U.S. Caribbean Sea and the Gulf of Mex ico .
Amer ican Sail ing Assoc iation classes 101 -106, US Power Squadron Safety classes.
Reg istered Nurse , Paramed ic/Firefighter
Cattleman w ith ranches i n Colorado and Il li nois .
Civic Interests and Service
Vo lunteer Parame d ic/Firefighte r, EMS Lieutenant, Tra ining Officer 1999 to 2016.
Western Ill inois Un iversity Beef Evaluation Station Board Mem b er 1995-1998
Licensed Foster Parent 1995 t o 2007 , Fostered 7 chi ldren and ado pted 4 .
Fa i rhope Yacht Club , Race Comm ittee 2021 to current .
How do my qualifications best serve the needs of the community?
I have sa ile d i nto 100 's of Marinas over the years throughout the U.S . and Caribbean.
As an Operating Eng i neer I have run dredges, built ponds and l akes , wh i ch gave me a deep respec t for
the power of water.
Am currently involved wi t h the Fairhope Yacht Club and its serv ice to Junior sailors i s i mportant to me .
They are the boat owners and sa i lors of the futu re.
I have always given bac k to the commun ity whether vo lun t eering w ith the Fi re department or as a
foster parent because I bel ieve the commun ity is only as good as those who support it .
Page 394 of 394