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HomeMy WebLinkAbout10-14-2024 City Council Work Session Agenda PacketCITY OF FAIRHOPE CITY COUNCIL WORK SESSION AGENDA Monday, October 14, 2024 - 4:30 PM City Council Chamber Council Members Kevin G. Boone Jack Burrell Jimmy Conyers Corey Martin Jay Robinson 1.Discussion of Alabama Department of Transportation: Agreement for the Installation and/or Operation and/or Maintenance of Traffic Control Signals and/or Roadway Lighting - Richard Johnson 2.Parking Authority Presentation 3.Impact Fee Study Presentation 4.Committee Updates 5.Department Head Updates Next City Council Work Session, Monday, October 28, 2024, 4:30 p.m. - City Council Chambers Page 1 of 53 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-707 FROM:RICHARD JOHNSON – CITY ENGINEER SUBJECT:Discussion of Alabama Department of Transportation: Agreement for the Installation and/or Operation and/or Maintenance of Traffic Control Signals and/or Roadway Lighting AGENDA DATE: October 14, 2024 RECOMMENDED ACTION: Discussion BACKGROUND INFORMATION: Traffic Signal Agreements: SR-181 at Firethorne, SR-181 at Harvest Green, and SR-181 at Rockwell. BUDGET IMPACT/FUNDING SOURCE: GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 2 of 53 For Official Use Only: ALDOT Agreement Number: _________________________________ Page 1 of 7 rev – 09/01/2020 Region Tracking Number: Project Number: Region: County: STATE OF ALABAMA acting by and through the ALABAMA DEPARTMENT OF TRANSPORTATION: AGREEMENT for the INSTALLATION and/or OPERATION and/or MAINTENANCE OF TRAFFIC CONTROL SIGNALS and/or ROADWAY LIGHTING This Agreement, in accordance with resolution number dated (or minutes dated) attached hereto and made part of this Agreement, is made and entered into by and between the Alabama Department of Transportatio n (herein referred to as STATE) and the (herein referred to as MAINTAINING AGENCY) for the accomplishment of the following work as hereinafter indicated by the alphabetic letter of “X” marked in the check -boxes below, to wit: (A) New Installation (B) Equipment Upgrade (C) Complete Removal (D) Operation (E) Maintenance Traffic Control Signal: Intersection Flashing Signal/Beacon: Roadway Lighting: Other: The accomplishment of the work indicated by the alphabetic letter of “X” marked in the check -box(es) above and hereinafter signified by the use of the corresponding alphabetic letter A, B, C, D, and/or E as applicable, will be at the following location(s): {Example: AL-3/US-31 @ Main Street [A, D, & E] denotes the installation, operation, and maintenance of the equipment installed} NOTE – if more space is needed, please use continuation sheet s. 1.For the purposes of this Agreement, “equipment and/or associated hardware” shall refer to the equipment and/or associated hardware used to install, upgrade, maintain, and/or operate traffic control signals, intersection flashing signals/beacons, roadway lighting, and/or other as specified in the chart above. 2.In the event the work to be accomplished above is identified by (A) and/or (B), the STATE MAINTAINING AGENCY will furnish and the STATE MAINTAINING AGENCY will install the equipment and/or associated Page 3 of 53 Page 2 of 7 rev – 09/01/2020 hardware utilized in the accomplishment of the work. In the event the STATE contributes funds to the work and the MAINTAINING AGENCY will be credited or debited for under-runs or overruns respectively, the “Exhibit O” is attached to and made part of this Agreement. 3. The equipment and/or associated hardware shall be installed in accordance with the applicable portions of the: A. Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), current ALDOT approved edition. B. State of Alabama Project Details and Special and Standard Highway Drawings, current year version. C. National Electrical Code, current edition. D. Alabama Department of Transportation (ALDOT) Standard Specifications for Highway Construction, current edition and applicable special provisions. E. Code of Alabama, 1975 (as Amended) with specific reference to: (1) §23-1-113, Municipal Connecting Link Roads – Stipulations and Conditions [specifically sub-paragraphs (6) and (7)]. (2) §32-5A-32, Traffic – Control signal legend. (3) §32-5A-33, Pedestrian – Control signals. (4) §32-5A-34, Flashing signals. (5) §32-5A-35, Lane – Direction – Control signals. 4. The STATE shall determine the quantity of the equipment and/or associated hardware to be utilized in the accomplishment of the work identified by (A) and/or (B) above. In the event the MAINTAINING AGENCY furnishes the equipment and/or associated hardware to be utilized in the accomplishment of the work identified by (A) and/or (B) above, the MAINTAINING AGENCY shall ascertain that the type and quality of the equipment and/or associated hardware is in accordance with the STATE’s Materials, Sources, and Devices with Special Acceptance Requirements (APL) as maintained by the STATE’s Bureau of Materials and Tests. 5. It is the sole responsibility of the MAINTAINING AGENCY to locate and/or relocate any and all utilities in conflict with the installation, upgrade, and/or maintenance of equipment and associated hardware prior to commencing work to install, upgrade, and/or maintain equipment and associated hardware. The MAINTAINING AGENCY will locate and/or relocate such utilities in accordance with all applicable Federal and State laws, regulations, and procedures. Associated utility costs will be at the sole expense of the MAINTAINING AGENCY. In the event utilities are damaged during the installation, upgrade, and/or maintenance of equipment and associated hardware due to failure of the MAINTAINING AGENCY to relocate and/or relocate such utilities, the MAINTAINING AGENCY shall be responsible for providing the funding to pay for any and all associated costs to repair the utilities. 6. Title to any and all equipment and/or associated hardware furnished by the STATE shall remain in the STATE and the STATE is deemed to be the sole owner of such equipment and/or hardware. 7a. The equipment and/or associated hardware shall be operated and maintained at the sole expense of the MAINTAINING AGENCY. The MAINTAINING AGENCY agrees to provide electrical energy on a continuing basis as required, beginning at the time of the initial electrical service connection during the construction of the system. The MAINTAINING AGENCY agrees further to maintain the equipment and/or associated hardware in a good state of repair at all times, as required in Page 4 of 53 Page 3 of 7 rev – 09/01/2020 accordance with the applicable documents: Manual on Uniform Traffic Control Devices for Streets and Highways and the Alabama Department of Transportation Standard Specifications for Highway Construction and applicable special provisions. Any traffic control signal equipment and/or associated hardware must also be maintained in accordance with any traffic signal operating plan of the STATE which is in effect at the applicable time of the maintenance. If a malfunction of the equipment and/or associated hardware should ever occur, the MAINTAINING AGENCY shall make or cause to be made any repairs immediately. If a malfunction presents a potential hazard to the motoring public and the MAINTAINING AGENCY is unable to repair the equipment and/or associated hardware in a timely manner as determined by the STATE, the MAINTAINING AGENCY agrees that the STATE reserves the right to and may repair the equipment and/or associated hardware, and invoice the MAINTAINING AGENCY for all costs incurred. The MAINTAINING AGENCY agrees to pay the STATE all such costs incurred by the STATE promptly upon receipt of the invoice from the STATE. 7b. In instances where ALDOT maintains a fiber-optic trunk line that is used in conjunction with a closed -loop signal system, the MAINTAINING AGENCY shall maintain the fiber-optic cable from the splice point in the trunk line out to the traffic control equipment. 8a. Installation requests made by the MAINTAINING AGENCY and identified on page one as (A) “New Installation” or (B) “Equipment Upgrade” with “Traffic Control Signal” marked must follow the Traffic Signal Warrant and Justification procedure as identified in the Alabama Department of Transportation Traffic Signal Design Guide and Timing Manual, latest edition. For any warrant study/analysis which does not satisfy a traffic signal warrant or warrants, the MAINTAINING AGENCY agrees to accept any and all responsibility for any damage or injury that may be caused by or related to the installation, location, operation, sequencing, and/or maintenance of the equipment and/or associated hardware and shall defend, indemnify, and hold harmless the State of Alabama, the Alabama Department of Transportation, and its agents, servants, employees, in their official or individual capacities and/or facilities from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from the installation, operation, and maintenance of the equipment and/or associated hardware, or any claim, damage, loss, or expense to the person or property caused. A copy of the warrant study/analysis shall be attached to and made part of this Agreement. 8b. Check one: The CITY (Incorporated Municipality) Subject to the limitations on damages applicable to municipal corporations under Alabama Code § 11-47- 190(1975), the CITY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servants, and employees from and against (1) claims, damages, losses, and expenses, including but not limited to attorney’s fees arising out of, connected with, resulting from, or related to the work performed by the CITY, or its officers, employees, contracts, agents or assigns (2) the provision of any services or expenditure of funds required, autho rized, or undertaken by the CITY pursuant to the terms of this Agreement, or (3) any damage, loss, expense, bodily injury, or death, or injury or destruction or tangible property (other than the work itself), including loss of use therefrom, and including but not limited Page 5 of 53 Page 4 of 7 rev – 09/01/2020 to attorney’s fees, caused by the willful, negligent, careless, or unskillful acts of the CITY, its agents, servants, representatives, or employees, or the misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensation, or reimbursement by the CITY, its agents, servants, representatives, or employees, or anyone for whose acts the CITY may be liable. The COUNTY (County Government or Agency) The COUNTY shall be responsible at all times for all of the work performed under this agreement and, as provided in Alabama Code § 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servants, and employees . For all claims not subject to Alabama Code § 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servant s, and employees from and against any and all damages, claims, loss, liabilities, attorney’s fees or expense whatsoever, or any amount paid in compromise thereof arising out of, connected with, or related to (1) work performed under this Agreement, (2) the provision of any services or expenditure of funds required, authorized, or undertaken by the COUNTY pursuant to the terms of this Agreement, or (3) misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensatio n or reimbursement by the COUNTY, its officers, officials, agents, servants, and employees. The term “hold harmless” includes the obligation of the MAINTAINING AGENCY to pay damages on behalf of the State of Alabama, the Alabama Department of Transportation, and its agents, servants, and/or employees. 9. Complete r emoval of the equipment and/or associated hardware, hereinabove identified by (C), will be at the sole expense of the STATE MAINTAINING AGENCY. 10. The STATE reserves the right to deman d the removal of the equipment and/or associated hardware should the STATE determine that the signal is no longer required or deem its condition or operation hazardous. Further, the STATE shall have the right to remove the equipment and/or associated hardware should the MAINTAINING AGENCY fail to do so upon demand by the STATE. The MAINTAINING AGENCY agrees to reimburse the STA TE for its costs associated with the removal. Any equipment and/or associated hardware which is deemed by the STATE to be non -uniform or obsolete will be removed and disposed of by the MAINTAINING AGENCY. None of the non -uniform or obsolete equipment and /or associated hardware which has been removed shall be reused on the STATE highway system. 11. If future traffic conditions require changes and/or adjustments to said equipment and/or associated hardware (other than ordinary timing), th e MAINTAINING AGENCY shall obtain the approval of the STATE before such changes are implemented and the STATE shall make a determination on whether a new Agreement is required to be submitted for the U PGRADING, OPERATION, and MAINTEN ANCE of the new equipment and/or associate d hardware. All such changes shall be at the sole cost and expense of the MAINTAINING AGENCY. Page 6 of 53 Page 5 of 7 rev – 09/01/2020 12 . At such time as a warrant study is conducted on an existing signalized intersection and the results differ from the previous warrant study conducted at that signalized intersection, a new Agreement for Installation and/or Operation and/or Maintenance of Traffic Control Signals and/or Roadway Lighting shall be executed with the MAINTAINING AGENCY. 13 . In the event Federal funds are utilized in the accomplishment of the work hereinbefore described, “Exhibit M ” is attached to and made a part of this Agreement. 14 . FUNDS SHALL NOT BE CONSTITUTED AS A DEBT It is agreed that the terms and commitments contained herein shall not be construed as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901 , as amended by Amendment Number 26. It is further agreed tha t if any provision of this Agreement shall contravene any statute o r Constitutional Provision or Amendment, then the conflicting provision in this Agreement shall be deemed null and void. For any and all disputes arising under the terms of this Agreement, the parties hereto agree, in compliance with the recommendations of the Governor and Attorney General, when considering settlement of such disputes, to utilize appropriate forms of non -binding alternative dispute resolution including, but not limited to, m ediation by and through the Attorney General’s Office of Administrative Hearings or where appropriate, private mediators. 15 . The type and number of signal & pedestrian heads per intersection or roadway lighting hardware are as follows: {Example: 5 – 3 sec, 12”, red ball, yellow/green left arrow . OPTION: If plans are available to convey information below, just enter “SEE ATTACHED PLANS ”.} NOTE – I f more space is needed, please use continuation sheets. TYPE OF SIGNAL CONTROLLER Traffic Control Pedestrian Control Make: Model #: Flashing Lane Control Fixed Time Two Phase School Flasher Railroad Crossing Semi Actuated Four Phase Other: Full Actuated Eight Phase Other: SYSTEM YES NO Page 7 of 53 Page 6 of 7 rev – 09/01/2020 16. In the event the work to be accomplished is identified by (A), (B), and/or (C) and [1] in part or wholly constitutes an interconnected, coordinated, fixed time relationship, signal control operation between two or more intersections (herein referred to as a SYSTEM and hereinabove indicated by the SYSTEM check-box for YES marked in the controller box above), [2] is located within the limits of a SYSTEM, or [3] is within close proximity as to adjoin a SYSTEM, the STATE MAINTAINING AGENCY shall substantiate the work identified by (A), (B), and/or (C) to be SYSTEM compatible. 17. By entering into this agreement, the MAINTAINING AGENCY is not an agent of the State, its officers, employees, agents or assigns. The MAINTAINING AGENCY is an independent entity from the State and nothing in this agreement creates an agency relationship between the parties. 18. By signing this contract, the contracting parties affirm, for the duration of this agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of this agreement and shall be responsible for all damages resulting there from. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE TO FOLLOW. Page 8 of 53 Page 7 of 7 rev – 09/01/2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by those officers, officials, and persons thereunto duly authorized, and the Agreement is deemed to be dated and to be effective on the date stated hereinafter as the date of the approval of the Region Engineer. (Seal of MAINTAINING AGENCY) Legal Name of MAINTAINING AGENCY Attest: By: (Seal or notary signature) Authorized Signature for MAINTAINING AGENCY Agreement Recommended for approval: By: Area Traffic Engineer Signature STATE OF ALABAMA acting by and through the ALABAMA DEPARTMENT OF TRANSPORTATION The within and foregoing Agreement is hereby approved on this day of , 20 . APPROVED: RECORDED: By: By: Region Engineer Signature State Traffic Engineer Signature Date: (Added to Archive) Page 9 of 53 TRAFFIC SIGNAL PLAN CONDUIT AND CONDUCTOR SCHEDULE CONDUIT CONDUCTOR 1-211 1-3c/No. 6AWG 1-2" 1-3c/No. 8AWG 2-2" 2-2" IN 6" ENCASEMENT 2-2" IN 6" ENCASEMENT 2-2" IN 6" ENCASEMENT 2-2" 2-2" 2-2" 8cNo. 14 AWG IMSA 20-1 4cNo. 14 AWG IMSA 20-1 4cNo. 14 AWG IMSA 20-1 4cNo. 14 AWG IMSA 20-1 4cNo.14 AWG IMSA 20-1 1-3c/No. 8AWG 11 2 �A lj 4 OLB N/A ��I/ I� � 6 tt I 8 \' N/A /1�2 �.-1'. �, n REQUIRED SIGNAL HEADS � ® I I@ fl) @ 3, 7 2,4,6,8 1,5 FROM TO DISCONNECT CONTROLLER DISCONNECT JUNCTION BOX D CONTROLLER JUNCTION BOX D JUNCTION BOX D JUNCTION BOX A JUNCTION BOX D JUNCTION BOX C JUNCTION BOX C JUNCTION BOX B JUNCTION BOX A POLE 1 JUNCTION BOX B POLE 2 JUNCTION BOX C POLE 3 CONTROLLER SIGNAL HEADS 1,3,5, & 7 CONTROLLER SIGNAL HEADS 6 & 6 CONTROLLER SIGNAL HEADS 2 & 2 CONTROLLER SIGNAL HEADS 4 & 4 CONTROLLER SIGNAL HEADS 8 & 8 JUNCTION BOX SIGNA L POLES (L UMINA IRE) SN 1 72" 1s·C [AL Hwy 181 ]sN 1 72" 1s·C [ ROCKWELL ] SN 2 LEFT TURN RIGHT LANE YIELD MUST ON FLASHING YELLOW TURN RIGHT ARROW RI0-12 R3-7R 30" X 36" 36" X 35" 0 0 + s:-- 0 s:-- us HWY Min Phase Initial 1 6.0 2 20.0 3 4 8.0 5 6.0 6 20.0 7 8 8.0 A1NO 0 ONLY 0 + co m PLAN SU BM ITT AL REFERENCE FISCAL SHEET 181 & ROCKWELL PROJECT NO YEAR NO NS-17419 2022 4 Density Added Max Active Initial Initial TTR N y 2.0 38.0 15.0 N N y 2.0 38.0 15.0 N ROCKWIELL, LLC US HWY 181 & ROCKWELL SIGNAL DESIGN RECOMMENDED TIMINGS {all timings in seconds) Min TBR Passage Yellow Gap All Red Maxi Max II Walk 2.0 5.4 1.2 15.0 15.0 2.5 5.0 5.4 1.2 45.0 2.0 4.0 2.5 28.0 2.0 5.4 1.2 15.0 15.0 2.5 5.0 5.4 1.2 45.0 2.0 4.0 2.5 28.0 NOTES: I. TRAFFIC MARKINGS SHOWN FOR INFORMATIONAL PURPOSES ONLY. FDW Recall Min Min 2. LOCATION OF UTILITY POWER SOURCE TO BE DETERMINED AT TIME OF CONSTRUCTION. 3. ALL SIGNAL HEAD PLACEMENT SHALL BE IN ACCORDANCE WITH THE MUTCD, 2009 EDITION. 4. SIGNAL HOUSING TO BE BLACK FACE, BLACK BODY. Non Lock y y y 5. TRAFFIC SIGNAL CONTROLLER MUST BE ECONOLITE COBALT W[TH THE LATEST EOS FIRMWARE. 5. TRAFFIC SIGNAL MONITOR MUST ETHERNET CAPABLE. 7. TRAFFIC SIGNAL CABINET MUST BE NEMA T52 TYPE I-POLE MOUNT. 8. TRAFFIC SIGNAL RADAR DETECTION MUST BE WAVETRONIX AND APPROVED BY AREA TRAFFIC ENGINEER. 9. TRAFFIC SIGNAL FOUND A TIO NS SHALL FOLLOW T.S.D. 730-4. DIAMETER AND DEPTH ARE SHOWN IN SUPPORTING STRUCTURES CHART. 10. USE OF A SINGLE RADAR UNIT FOR MULT[PLE APPROACHES MUST BE APPROVED IN ADVANCE BY THE REGION SIGNAL SYSTEMS ENGINEER. 11. ROUTER (CISCO !R I IOI-K9 WITH P-L TEAPl8-GL CELLULAR MODULE) TO BE SUPPLIED TO ALDOT SW REGION FOR CONFIGURATION. 12. LOCATION OF RADAR UNITS IS APPROXIMATE. MOUNTING LOCATION TO BE DETERMINED BY MANUFACTURER. Pole Number 1 2 3 4 Estimated Equipment and Material Schedule 240 Volt Power Source w/ Wood Pole Rl0-12 Sign with Hardware R3-7R Sign with Post & Hardware Backplates w/ Reflective Strip & Hardware Mounting Hardware For Signs #14AWGSignal Cable, IMSA 20-1 Miscellaneous Hardware Detector Chart Zone Unit Phase Size Type Delay Setback Distance 1 Rl 1 6XSO Presence 2' 2A* R4 2 6X6 Pulse 405' 2B* R4 2 6X6 Pulse 405' 4A R6 4 6XSO Presence 5 2' 4B R6 4 6XSO Presence 5 2' 5 R3 5 6XSO Presence 2' 6A* R2 6 6X6 Pulse 405' 6B* R2 6 6X6 Pulse 405' 8A RS 8 6XSO Presence 5 2' 8B RS 8 6XSO Presence 5 2' * NOT SHOWN ON PLANS Pole Arm Length Length (FT)(FT) 37 35 28 55 37 65 28 65 20 HORIZ Supporting Structures Traffic Sign al Pole Luminaire Arm (FT) 12 12 12 12 o Foundatio n Size 36" X 12' 48" X 14' 48" X 14' 48" X 14' 20 Street Name Sign(s) AL Hwy 181 Rockwell AL Hwy 181 Rockwell SCALE (FEET) STA TION OFFSET 99+00 100' RT 99+94.5 78.9' RT 100+08.3 50.8' LT 98+91.5 46.2' LT SHEET TITLE TRAFFIC SIGNAL PLAN US HWY 181 & ROCKWELL ROUTE Page 10 of 53 For Official Use Only: ALDOT Agreement Number: _________________________________ Page 1 of 7 rev – 09/01/2020 Region Tracking Number: Project Number: Region: County: STATE OF ALABAMA acting by and through the ALABAMA DEPARTMENT OF TRANSPORTATION: AGREEMENT for the INSTALLATION and/or OPERATION and/or MAINTENANCE OF TRAFFIC CONTROL SIGNALS and/or ROADWAY LIGHTING This Agreement, in accordance with resolution number dated (or minutes dated) attached hereto and made part of this Agreement, is made and entered into by and between the Alabama Department of Transportatio n (herein referred to as STATE) and the (herein referred to as MAINTAINING AGENCY) for the accomplishment of the following work as hereinafter indicated by the alphabetic letter of “X” marked in the check -boxes below, to wit: (A) New Installation (B) Equipment Upgrade (C) Complete Removal (D) Operation (E) Maintenance Traffic Control Signal: Intersection Flashing Signal/Beacon: Roadway Lighting: Other: The accomplishment of the work indicated by the alphabetic letter of “X” marked in the check -box(es) above and hereinafter signified by the use of the corresponding alphabetic letter A, B, C, D, and/or E as applicable, will be at the following location(s): {Example: AL-3/US-31 @ Main Street [A, D, & E] denotes the installation, operation, and maintenance of the equipment installed} NOTE – if more space is needed, please use continuation sheet s. 1.For the purposes of this Agreement, “equipment and/or associated hardware” shall refer to the equipment and/or associated hardware used to install, upgrade, maintain, and/or operate traffic control signals, intersection flashing signals/beacons, roadway lighting, and/or other as specified in the chart above. 2.In the event the work to be accomplished above is identified by (A) and/or (B), the STATE MAINTAINING AGENCY will furnish and the STATE MAINTAINING AGENCY will install the equipment and/or associated Page 11 of 53 Page 2 of 7 rev – 09/01/2020 hardware utilized in the accomplishment of the work. In the event the STATE contributes funds to the work and the MAINTAINING AGENCY will be credited or debited for under-runs or overruns respectively, the “Exhibit O” is attached to and made part of this Agreement. 3. The equipment and/or associated hardware shall be installed in accordance with the applicable portions of the: A. Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), current ALDOT approved edition. B. State of Alabama Project Details and Special and Standard Highway Drawings, current year version. C. National Electrical Code, current edition. D. Alabama Department of Transportation (ALDOT) Standard Specifications for Highway Construction, current edition and applicable special provisions. E. Code of Alabama, 1975 (as Amended) with specific reference to: (1) §23-1-113, Municipal Connecting Link Roads – Stipulations and Conditions [specifically sub-paragraphs (6) and (7)]. (2) §32-5A-32, Traffic – Control signal legend. (3) §32-5A-33, Pedestrian – Control signals. (4) §32-5A-34, Flashing signals. (5) §32-5A-35, Lane – Direction – Control signals. 4. The STATE shall determine the quantity of the equipment and/or associated hardware to be utilized in the accomplishment of the work identified by (A) and/or (B) above. In the event the MAINTAINING AGENCY furnishes the equipment and/or associated hardware to be utilized in the accomplishment of the work identified by (A) and/or (B) above, the MAINTAINING AGENCY shall ascertain that the type and quality of the equipment and/or associated hardware is in accordance with the STATE’s Materials, Sources, and Devices with Special Acceptance Requirements (APL) as maintained by the STATE’s Bureau of Materials and Tests. 5. It is the sole responsibility of the MAINTAINING AGENCY to locate and/or relocate any and all utilities in conflict with the installation, upgrade, and/or maintenance of equipment and associated hardware prior to commencing work to install, upgrade, and/or maintain equipment and associated hardware. The MAINTAINING AGENCY will locate and/or relocate such utilities in accordance with all applicable Federal and State laws, regulations, and procedures. Associated utility costs will be at the sole expense of the MAINTAINING AGENCY. In the event utilities are damaged during the installation, upgrade, and/or maintenance of equipment and associated hardware due to failure of the MAINTAINING AGENCY to relocate and/or relocate such utilities, the MAINTAINING AGENCY shall be responsible for providing the funding to pay for any and all associated costs to repair the utilities. 6. Title to any and all equipment and/or associated hardware furnished by the STATE shall remain in the STATE and the STATE is deemed to be the sole owner of such equipment and/or hardware. 7a. The equipment and/or associated hardware shall be operated and maintained at the sole expense of the MAINTAINING AGENCY. The MAINTAINING AGENCY agrees to provide electrical energy on a continuing basis as required, beginning at the time of the initial electrical service connection during the construction of the system. The MAINTAINING AGENCY agrees further to maintain the equipment and/or associated hardware in a good state of repair at all times, as required in Page 12 of 53 Page 3 of 7 rev – 09/01/2020 accordance with the applicable documents: Manual on Uniform Traffic Control Devices for Streets and Highways and the Alabama Department of Transportation Standard Specifications for Highway Construction and applicable special provisions. Any traffic control signal equipment and/or associated hardware must also be maintained in accordance with any traffic signal operating plan of the STATE which is in effect at the applicable time of the maintenance. If a malfunction of the equipment and/or associated hardware should ever occur, the MAINTAINING AGENCY shall make or cause to be made any repairs immediately. If a malfunction presents a potential hazard to the motoring public and the MAINTAINING AGENCY is unable to repair the equipment and/or associated hardware in a timely manner as determined by the STATE, the MAINTAINING AGENCY agrees that the STATE reserves the right to and may repair the equipment and/or associated hardware, and invoice the MAINTAINING AGENCY for all costs incurred. The MAINTAINING AGENCY agrees to pay the STATE all such costs incurred by the STATE promptly upon receipt of the invoice from the STATE. 7b. In instances where ALDOT maintains a fiber-optic trunk line that is used in conjunction with a closed -loop signal system, the MAINTAINING AGENCY shall maintain the fiber-optic cable from the splice point in the trunk line out to the traffic control equipment. 8a. Installation requests made by the MAINTAINING AGENCY and identified on page one as (A) “New Installation” or (B) “Equipment Upgrade” with “Traffic Control Signal” marked must follow the Traffic Signal Warrant and Justification procedure as identified in the Alabama Department of Transportation Traffic Signal Design Guide and Timing Manual, latest edition. For any warrant study/analysis which does not satisfy a traffic signal warrant or warrants, the MAINTAINING AGENCY agrees to accept any and all responsibility for any damage or injury that may be caused by or related to the installation, location, operation, sequencing, and/or maintenance of the equipment and/or associated hardware and shall defend, indemnify, and hold harmless the State of Alabama, the Alabama Department of Transportation, and its agents, servants, employees, in their official or individual capacities and/or facilities from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from the installation, operation, and maintenance of the equipment and/or associated hardware, or any claim, damage, loss, or expense to the person or property caused. A copy of the warrant study/analysis shall be attached to and made part of this Agreement. 8b. Check one: The CITY (Incorporated Municipality) Subject to the limitations on damages applicable to municipal corporations under Alabama Code § 11-47- 190(1975), the CITY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servants, and employees from and against (1) claims, damages, losses, and expenses, including but not limited to attorney’s fees arising out of, connected with, resulting from, or related to the work performed by the CITY, or its officers, employees, contracts, agents or assigns (2) the provision of any services or expenditure of funds required, autho rized, or undertaken by the CITY pursuant to the terms of this Agreement, or (3) any damage, loss, expense, bodily injury, or death, or injury or destruction or tangible property (other than the work itself), including loss of use therefrom, and including but not limited Page 13 of 53 Page 4 of 7 rev – 09/01/2020 to attorney’s fees, caused by the willful, negligent, careless, or unskillful acts of the CITY, its agents, servants, representatives, or employees, or the misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensation, or reimbursement by the CITY, its agents, servants, representatives, or employees, or anyone for whose acts the CITY may be liable. The COUNTY (County Government or Agency) The COUNTY shall be responsible at all times for all of the work performed under this agreement and, as provided in Alabama Code § 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servants, and employees . For all claims not subject to Alabama Code § 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servant s, and employees from and against any and all damages, claims, loss, liabilities, attorney’s fees or expense whatsoever, or any amount paid in compromise thereof arising out of, connected with, or related to (1) work performed under this Agreement, (2) the provision of any services or expenditure of funds required, authorized, or undertaken by the COUNTY pursuant to the terms of this Agreement, or (3) misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensatio n or reimbursement by the COUNTY, its officers, officials, agents, servants, and employees. The term “hold harmless” includes the obligation of the MAINTAINING AGENCY to pay damages on behalf of the State of Alabama, the Alabama Department of Transportation, and its agents, servants, and/or employees. 9. Complete r emoval of the equipment and/or associated hardware, hereinabove identified by (C), will be at the sole expense of the STATE MAINTAINING AGENCY. 10. The STATE reserves the right to deman d the removal of the equipment and/or associated hardware should the STATE determine that the signal is no longer required or deem its condition or operation hazardous. Further, the STATE shall have the right to remove the equipment and/or associated hardware should the MAINTAINING AGENCY fail to do so upon demand by the STATE. The MAINTAINING AGENCY agrees to reimburse the STA TE for its costs associated with the removal. Any equipment and/or associated hardware which is deemed by the STATE to be non -uniform or obsolete will be removed and disposed of by the MAINTAINING AGENCY. None of the non -uniform or obsolete equipment and /or associated hardware which has been removed shall be reused on the STATE highway system. 11. If future traffic conditions require changes and/or adjustments to said equipment and/or associated hardware (other than ordinary timing), th e MAINTAINING AGENCY shall obtain the approval of the STATE before such changes are implemented and the STATE shall make a determination on whether a new Agreement is required to be submitted for the U PGRADING, OPERATION, and MAINTEN ANCE of the new equipment and/or associate d hardware. All such changes shall be at the sole cost and expense of the MAINTAINING AGENCY. Page 14 of 53 Page 5 of 7 rev – 09/01/2020 12 . At such time as a warrant study is conducted on an existing signalized intersection and the results differ from the previous warrant study conducted at that signalized intersection, a new Agreement for Installation and/or Operation and/or Maintenance of Traffic Control Signals and/or Roadway Lighting shall be executed with the MAINTAINING AGENCY. 13 . In the event Federal funds are utilized in the accomplishment of the work hereinbefore described, “Exhibit M ” is attached to and made a part of this Agreement. 14 . FUNDS SHALL NOT BE CONSTITUTED AS A DEBT It is agreed that the terms and commitments contained herein shall not be construed as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901 , as amended by Amendment Number 26. It is further agreed tha t if any provision of this Agreement shall contravene any statute o r Constitutional Provision or Amendment, then the conflicting provision in this Agreement shall be deemed null and void. For any and all disputes arising under the terms of this Agreement, the parties hereto agree, in compliance with the recommendations of the Governor and Attorney General, when considering settlement of such disputes, to utilize appropriate forms of non -binding alternative dispute resolution including, but not limited to, m ediation by and through the Attorney General’s Office of Administrative Hearings or where appropriate, private mediators. 15 . The type and number of signal & pedestrian heads per intersection or roadway lighting hardware are as follows: {Example: 5 – 3 sec, 12”, red ball, yellow/green left arrow . OPTION: If plans are available to convey information below, just enter “SEE ATTACHED PLANS ”.} NOTE – I f more space is needed, please use continuation sheets. TYPE OF SIGNAL CONTROLLER Traffic Control Pedestrian Control Make: Model #: Flashing Lane Control Fixed Time Two Phase School Flasher Railroad Crossing Semi Actuated Four Phase Other: Full Actuated Eight Phase Other: SYSTEM YES NO Page 15 of 53 Page 6 of 7 rev – 09/01/2020 16. In the event the work to be accomplished is identified by (A), (B), and/or (C) and [1] in part or wholly constitutes an interconnected, coordinated, fixed time relationship, signal control operation between two or more intersections (herein referred to as a SYSTEM and hereinabove indicated by the SYSTEM check-box for YES marked in the controller box above), [2] is located within the limits of a SYSTEM, or [3] is within close proximity as to adjoin a SYSTEM, the STATE MAINTAINING AGENCY shall substantiate the work identified by (A), (B), and/or (C) to be SYSTEM compatible. 17. By entering into this agreement, the MAINTAINING AGENCY is not an agent of the State, its officers, employees, agents or assigns. The MAINTAINING AGENCY is an independent entity from the State and nothing in this agreement creates an agency relationship between the parties. 18. By signing this contract, the contracting parties affirm, for the duration of this agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of this agreement and shall be responsible for all damages resulting there from. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE TO FOLLOW. Page 16 of 53 Page 7 of 7 rev – 09/01/2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by those officers, officials, and persons thereunto duly authorized, and the Agreement is deemed to be dated and to be effective on the date stated hereinafter as the date of the approval of the Region Engineer. (Seal of MAINTAINING AGENCY) Legal Name of MAINTAINING AGENCY Attest: By: (Seal or notary signature) Authorized Signature for MAINTAINING AGENCY Agreement Recommended for approval: By: Area Traffic Engineer Signature STATE OF ALABAMA acting by and through the ALABAMA DEPARTMENT OF TRANSPORTATION The within and foregoing Agreement is hereby approved on this day of , 20 . APPROVED: RECORDED: By: By: Region Engineer Signature State Traffic Engineer Signature Date: (Added to Archive) Page 17 of 53 Page 18 of 53 For Official Use Only: ALDOT Agreement Number: _________________________________ Page 1 of 7 rev – 09/01/2020 Region Tracking Number: Project Number: Region: County: STATE OF ALABAMA acting by and through the ALABAMA DEPARTMENT OF TRANSPORTATION: AGREEMENT for the INSTALLATION and/or OPERATION and/or MAINTENANCE OF TRAFFIC CONTROL SIGNALS and/or ROADWAY LIGHTING This Agreement, in accordance with resolution number dated (or minutes dated) attached hereto and made part of this Agreement, is made and entered into by and between the Alabama Department of Transportatio n (herein referred to as STATE) and the (herein referred to as MAINTAINING AGENCY) for the accomplishment of the following work as hereinafter indicated by the alphabetic letter of “X” marked in the check -boxes below, to wit: (A) New Installation (B) Equipment Upgrade (C) Complete Removal (D) Operation (E) Maintenance Traffic Control Signal: Intersection Flashing Signal/Beacon: Roadway Lighting: Other: The accomplishment of the work indicated by the alphabetic letter of “X” marked in the check -box(es) above and hereinafter signified by the use of the corresponding alphabetic letter A, B, C, D, and/or E as applicable, will be at the following location(s): {Example: AL-3/US-31 @ Main Street [A, D, & E] denotes the installation, operation, and maintenance of the equipment installed} NOTE – if more space is needed, please use continuation sheet s. 1.For the purposes of this Agreement, “equipment and/or associated hardware” shall refer to the equipment and/or associated hardware used to install, upgrade, maintain, and/or operate traffic control signals, intersection flashing signals/beacons, roadway lighting, and/or other as specified in the chart above. 2.In the event the work to be accomplished above is identified by (A) and/or (B), the STATE MAINTAINING AGENCY will furnish and the STATE MAINTAINING AGENCY will install the equipment and/or associated Page 19 of 53 Page 2 of 7 rev – 09/01/2020 hardware utilized in the accomplishment of the work. In the event the STATE contributes funds to the work and the MAINTAINING AGENCY will be credited or debited for under-runs or overruns respectively, the “Exhibit O” is attached to and made part of this Agreement. 3. The equipment and/or associated hardware shall be installed in accordance with the applicable portions of the: A. Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), current ALDOT approved edition. B. State of Alabama Project Details and Special and Standard Highway Drawings, current year version. C. National Electrical Code, current edition. D. Alabama Department of Transportation (ALDOT) Standard Specifications for Highway Construction, current edition and applicable special provisions. E. Code of Alabama, 1975 (as Amended) with specific reference to: (1) §23-1-113, Municipal Connecting Link Roads – Stipulations and Conditions [specifically sub-paragraphs (6) and (7)]. (2) §32-5A-32, Traffic – Control signal legend. (3) §32-5A-33, Pedestrian – Control signals. (4) §32-5A-34, Flashing signals. (5) §32-5A-35, Lane – Direction – Control signals. 4. The STATE shall determine the quantity of the equipment and/or associated hardware to be utilized in the accomplishment of the work identified by (A) and/or (B) above. In the event the MAINTAINING AGENCY furnishes the equipment and/or associated hardware to be utilized in the accomplishment of the work identified by (A) and/or (B) above, the MAINTAINING AGENCY shall ascertain that the type and quality of the equipment and/or associated hardware is in accordance with the STATE’s Materials, Sources, and Devices with Special Acceptance Requirements (APL) as maintained by the STATE’s Bureau of Materials and Tests. 5. It is the sole responsibility of the MAINTAINING AGENCY to locate and/or relocate any and all utilities in conflict with the installation, upgrade, and/or maintenance of equipment and associated hardware prior to commencing work to install, upgrade, and/or maintain equipment and associated hardware. The MAINTAINING AGENCY will locate and/or relocate such utilities in accordance with all applicable Federal and State laws, regulations, and procedures. Associated utility costs will be at the sole expense of the MAINTAINING AGENCY. In the event utilities are damaged during the installation, upgrade, and/or maintenance of equipment and associated hardware due to failure of the MAINTAINING AGENCY to relocate and/or relocate such utilities, the MAINTAINING AGENCY shall be responsible for providing the funding to pay for any and all associated costs to repair the utilities. 6. Title to any and all equipment and/or associated hardware furnished by the STATE shall remain in the STATE and the STATE is deemed to be the sole owner of such equipment and/or hardware. 7a. The equipment and/or associated hardware shall be operated and maintained at the sole expense of the MAINTAINING AGENCY. The MAINTAINING AGENCY agrees to provide electrical energy on a continuing basis as required, beginning at the time of the initial electrical service connection during the construction of the system. The MAINTAINING AGENCY agrees further to maintain the equipment and/or associated hardware in a good state of repair at all times, as required in Page 20 of 53 Page 3 of 7 rev – 09/01/2020 accordance with the applicable documents: Manual on Uniform Traffic Control Devices for Streets and Highways and the Alabama Department of Transportation Standard Specifications for Highway Construction and applicable special provisions. Any traffic control signal equipment and/or associated hardware must also be maintained in accordance with any traffic signal operating plan of the STATE which is in effect at the applicable time of the maintenance. If a malfunction of the equipment and/or associated hardware should ever occur, the MAINTAINING AGENCY shall make or cause to be made any repairs immediately. If a malfunction presents a potential hazard to the motoring public and the MAINTAINING AGENCY is unable to repair the equipment and/or associated hardware in a timely manner as determined by the STATE, the MAINTAINING AGENCY agrees that the STATE reserves the right to and may repair the equipment and/or associated hardware, and invoice the MAINTAINING AGENCY for all costs incurred. The MAINTAINING AGENCY agrees to pay the STATE all such costs incurred by the STATE promptly upon receipt of the invoice from the STATE. 7b. In instances where ALDOT maintains a fiber-optic trunk line that is used in conjunction with a closed -loop signal system, the MAINTAINING AGENCY shall maintain the fiber-optic cable from the splice point in the trunk line out to the traffic control equipment. 8a. Installation requests made by the MAINTAINING AGENCY and identified on page one as (A) “New Installation” or (B) “Equipment Upgrade” with “Traffic Control Signal” marked must follow the Traffic Signal Warrant and Justification procedure as identified in the Alabama Department of Transportation Traffic Signal Design Guide and Timing Manual, latest edition. For any warrant study/analysis which does not satisfy a traffic signal warrant or warrants, the MAINTAINING AGENCY agrees to accept any and all responsibility for any damage or injury that may be caused by or related to the installation, location, operation, sequencing, and/or maintenance of the equipment and/or associated hardware and shall defend, indemnify, and hold harmless the State of Alabama, the Alabama Department of Transportation, and its agents, servants, employees, in their official or individual capacities and/or facilities from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from the installation, operation, and maintenance of the equipment and/or associated hardware, or any claim, damage, loss, or expense to the person or property caused. A copy of the warrant study/analysis shall be attached to and made part of this Agreement. 8b. Check one: The CITY (Incorporated Municipality) Subject to the limitations on damages applicable to municipal corporations under Alabama Code § 11-47- 190(1975), the CITY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servants, and employees from and against (1) claims, damages, losses, and expenses, including but not limited to attorney’s fees arising out of, connected with, resulting from, or related to the work performed by the CITY, or its officers, employees, contracts, agents or assigns (2) the provision of any services or expenditure of funds required, autho rized, or undertaken by the CITY pursuant to the terms of this Agreement, or (3) any damage, loss, expense, bodily injury, or death, or injury or destruction or tangible property (other than the work itself), including loss of use therefrom, and including but not limited Page 21 of 53 Page 4 of 7 rev – 09/01/2020 to attorney’s fees, caused by the willful, negligent, careless, or unskillful acts of the CITY, its agents, servants, representatives, or employees, or the misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensation, or reimbursement by the CITY, its agents, servants, representatives, or employees, or anyone for whose acts the CITY may be liable. The COUNTY (County Government or Agency) The COUNTY shall be responsible at all times for all of the work performed under this agreement and, as provided in Alabama Code § 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servants, and employees . For all claims not subject to Alabama Code § 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servant s, and employees from and against any and all damages, claims, loss, liabilities, attorney’s fees or expense whatsoever, or any amount paid in compromise thereof arising out of, connected with, or related to (1) work performed under this Agreement, (2) the provision of any services or expenditure of funds required, authorized, or undertaken by the COUNTY pursuant to the terms of this Agreement, or (3) misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensatio n or reimbursement by the COUNTY, its officers, officials, agents, servants, and employees. The term “hold harmless” includes the obligation of the MAINTAINING AGENCY to pay damages on behalf of the State of Alabama, the Alabama Department of Transportation, and its agents, servants, and/or employees. 9. Complete r emoval of the equipment and/or associated hardware, hereinabove identified by (C), will be at the sole expense of the STATE MAINTAINING AGENCY. 10. The STATE reserves the right to deman d the removal of the equipment and/or associated hardware should the STATE determine that the signal is no longer required or deem its condition or operation hazardous. Further, the STATE shall have the right to remove the equipment and/or associated hardware should the MAINTAINING AGENCY fail to do so upon demand by the STATE. The MAINTAINING AGENCY agrees to reimburse the STA TE for its costs associated with the removal. Any equipment and/or associated hardware which is deemed by the STATE to be non -uniform or obsolete will be removed and disposed of by the MAINTAINING AGENCY. None of the non -uniform or obsolete equipment and /or associated hardware which has been removed shall be reused on the STATE highway system. 11. If future traffic conditions require changes and/or adjustments to said equipment and/or associated hardware (other than ordinary timing), th e MAINTAINING AGENCY shall obtain the approval of the STATE before such changes are implemented and the STATE shall make a determination on whether a new Agreement is required to be submitted for the U PGRADING, OPERATION, and MAINTEN ANCE of the new equipment and/or associate d hardware. All such changes shall be at the sole cost and expense of the MAINTAINING AGENCY. Page 22 of 53 Page 5 of 7 rev – 09/01/2020 12 . At such time as a warrant study is conducted on an existing signalized intersection and the results differ from the previous warrant study conducted at that signalized intersection, a new Agreement for Installation and/or Operation and/or Maintenance of Traffic Control Signals and/or Roadway Lighting shall be executed with the MAINTAINING AGENCY. 13 . In the event Federal funds are utilized in the accomplishment of the work hereinbefore described, “Exhibit M ” is attached to and made a part of this Agreement. 14 . FUNDS SHALL NOT BE CONSTITUTED AS A DEBT It is agreed that the terms and commitments contained herein shall not be construed as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901 , as amended by Amendment Number 26. It is further agreed tha t if any provision of this Agreement shall contravene any statute o r Constitutional Provision or Amendment, then the conflicting provision in this Agreement shall be deemed null and void. For any and all disputes arising under the terms of this Agreement, the parties hereto agree, in compliance with the recommendations of the Governor and Attorney General, when considering settlement of such disputes, to utilize appropriate forms of non -binding alternative dispute resolution including, but not limited to, m ediation by and through the Attorney General’s Office of Administrative Hearings or where appropriate, private mediators. 15 . The type and number of signal & pedestrian heads per intersection or roadway lighting hardware are as follows: {Example: 5 – 3 sec, 12”, red ball, yellow/green left arrow . OPTION: If plans are available to convey information below, just enter “SEE ATTACHED PLANS ”.} NOTE – I f more space is needed, please use continuation sheets. TYPE OF SIGNAL CONTROLLER Traffic Control Pedestrian Control Make: Model #: Flashing Lane Control Fixed Time Two Phase School Flasher Railroad Crossing Semi Actuated Four Phase Other: Full Actuated Eight Phase Other: SYSTEM YES NO Page 23 of 53 Page 6 of 7 rev – 09/01/2020 16. In the event the work to be accomplished is identified by (A), (B), and/or (C) and [1] in part or wholly constitutes an interconnected, coordinated, fixed time relationship, signal control operation between two or more intersections (herein referred to as a SYSTEM and hereinabove indicated by the SYSTEM check-box for YES marked in the controller box above), [2] is located within the limits of a SYSTEM, or [3] is within close proximity as to adjoin a SYSTEM, the STATE MAINTAINING AGENCY shall substantiate the work identified by (A), (B), and/or (C) to be SYSTEM compatible. 17. By entering into this agreement, the MAINTAINING AGENCY is not an agent of the State, its officers, employees, agents or assigns. The MAINTAINING AGENCY is an independent entity from the State and nothing in this agreement creates an agency relationship between the parties. 18. By signing this contract, the contracting parties affirm, for the duration of this agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of this agreement and shall be responsible for all damages resulting there from. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE TO FOLLOW. Page 24 of 53 Page 7 of 7 rev – 09/01/2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by those officers, officials, and persons thereunto duly authorized, and the Agreement is deemed to be dated and to be effective on the date stated hereinafter as the date of the approval of the Region Engineer. (Seal of MAINTAINING AGENCY) Legal Name of MAINTAINING AGENCY Attest: By: (Seal or notary signature) Authorized Signature for MAINTAINING AGENCY Agreement Recommended for approval: By: Area Traffic Engineer Signature STATE OF ALABAMA acting by and through the ALABAMA DEPARTMENT OF TRANSPORTATION The within and foregoing Agreement is hereby approved on this day of , 20 . APPROVED: RECORDED: By: By: Region Engineer Signature State Traffic Engineer Signature Date: (Added to Archive) Page 25 of 53 Page 26 of 53 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-708 FROM: Jenny Opal Wilson, Assistant City Clerk SUBJECT: Parking Authority City Council Presentation AGENDA DATE: October 14, 2024 RECOMMENDED ACTION: Present Presentation BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 27 of 53 Parking Authority City Council Presentation Page 28 of 53 Fairhope Parking Authority Key Initiatives Public Relations Efforts Work closely with the City of Fairhope to develop & implement public relations strategies Social media plan to promote Arts Alley Parking and all parking lots Article in City Sketches newsletter featuring results of our parking study; upcoming plans to improve Arts Alley Parking with quarterly cleanings and staining; explanation about Arts Alley Parking alleviating traffic by those who continuously circle; nice pictures of Arts Alley Parking Expanding city holiday events to include Arts Alley Parking such as Christmas, Easter (egg hunt), Halloween (trick or treating), and Mardi Gras Using temporary digital signage on Fairhope Avenue and Section Street to promote Arts Alley Parking Enhancing the City Shuttle Service Prescribed stops between the Police Station and Civic Center crosswalks, Library, K1 area, and the Arts Alley Parking Signage at each stop that highlights the “Arts Alley Parking” brand Revitalizing golf cart shuttles with custom wrap from the Arts Alley Parking artwork Strengthen Relationships with Downtown Merchants Parking Authority members will visit downtown merchants individually to keep them updated on our initiatives including the City Shuttle, the parking study, loading zones, and encouraging parking in the Arts Alley Parking for employees and customers Merchants will give Arts Alley Parking postcards to customers Postcards will also be available in the Welcome Center Future, Long-Term Initiatives One-way streets Delivery Unloading Zones -Push for optimal times -Enforcement Create and Promote the “Arts Alley Parking” Brand Safe, clean, and accessible Use “Arts Alley Parking”instead of “parking garage” Page 29 of 53 Appendix Page 30 of 53 Arts Alley Parking Analysis Summary The objective of the study is to determine how often the parking garage is utilized. The committee wanted to determine the number of open parking spaces that are open for people to park in. The survey was conducted from May 9-June 1 and June 17-July 31, 2024. A total of 108 surveys were completed. There are 90 hotel designated parking spaces and 150 for the general public (we did not include handicap and electric vehicle charging station parking spots). The committee counted all open spots during the survey. The hotel open parking spots were separated from general parking open spots. The surveys were conducted Monday through Saturday (we excluded Sundays because the downtown area is not that busy as many businesses are closed). Survey times were 11:00 am, 2:00 pm, 4:00 pm and 7pm Survey Summary Findings: o In May, 74% of the hotel parking spots were open for parking, equating to 66 spaces available to park in o In June and July, 70% of the hotel parking spots were open for parking, equating to 63 spaces available to park in o In May, 43% of the general parking spots were open for parking, equating to 65 spaces available to park o In June and July, 41% of the general parking spots were open for parking, equating to 62 spaces available to park in Survey finding by day of week: o For the hotel, there were an average of 67 spots open on Monday, 62 on Tuesday, Wednesday and Friday, 65 on Thursday and 64 on Saturday o For the general public parking spots, there were 75 spots open on Monday, 66 on Tuesday, 57 on Wednesday, 60 on Thursday, 54 on Friday and 63 on Saturday In conclusion, our committee believes the parking garage has plenty of parking spots available for the general public to park in. At any given time there are approximately 65 general open parking spaces. The hotel also has about 65 open parking spaces. Page 31 of 53 Public Parking Post Card Overview Front/Back Page 32 of 53 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-708 FROM: Erik Cortinas, Building Official SUBJECT: Impact Fee Study Update AGENDA DATE: October 14, 2024 RECOMMENDED ACTION: Present Presentation BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 33 of 53 Fairhope, Alabama October 14, 2024 Impact Fee Study Update Page 34 of 53 2 Overview •Impact Fee Basics •Land Use Assumptions •Impact Fee Components •Fire •Parks and Recreation •Police •Transportation •Fee Summary Page 35 of 53 3 Impact Fee Basics •One-time payment for growth-related infrastructure, usually collected when building permits are issued •Can’t be used for operations, maintenance, or replacement •Level of service (LOS) may not exceed what is provided to existing development •Three requirements •Need •Growth •Infrastructure (system improvements, not project-level improvements) •Benefit •Short range expenditures •Geographic service areas and/or benefit districts •Proportionate to demand DRAFT Page 36 of 53 4 Impact Fee Methodologies TischlerBise | www.tischlerbise.com •Cost Recovery Approach (Past) •Future development is “buying in” to the cost the community has already incurred to provide growth-related capacity •Common in communities approaching buildout •Incremental Expansion Approach (Present) •Formula-based approach based on existing levels of service •Fee based on current cost to replicate existing levels of service (i.e., replacement cost) •Plan-Based Approach (Future) •Usually reflects an adopted CIP or master plan •Growth-related costs are more refined DRAFT Page 37 of 53 5 Evaluate Need for Credits •Site specific •Developer constructs a capital facility included in fee calculations •Debt service •Avoid double payment due to existing or future bonds •Dedicated revenues •Property tax, local option sales tax, gas tax, etc. DRAFT Page 38 of 53 6 Residential Occupancy Factors The analysis uses American Community Survey (ACS) data to convert population projections to housing units. DRAFT Single-Family Units1 20,178 7,189 2.81 7,875 2.56 85.1%8.70% Multi-Family Units2 1,470 830 1.77 1,379 1.07 14.9%39.80% Total 21,648 8,019 2.70 9,254 2.34 100.0%13.30% Source: U.S. Census Bureau, 2017-2021 American Community Survey 5-Year Estimates 1. Includes detached and attached (i.e. townhouses) 2. Includes dwellings in structures with two or more units, mobile homes, and boats, RVs, vans etc. Housing Mix Vacancy RateHousing Type Persons Households Persons per Household Housing Units Persons per Housing Unit Page 39 of 53 7 Nonresidential Employment Density Factors The analysis converts projected employment to nonresidential floor area using factors published by the Institute of Transportation Engineers (ITE). ITE Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Square Feet Code Unit Per Dmd Unit1 Per Employee1 Dmd Unit Per Emp 110 Light Industrial 1,000 Sq Ft 4.87 3.10 1.57 637 130 Industrial Park 1,000 Sq Ft 3.37 2.91 1.16 864 140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528 150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953 254 Assisted Living bed 2.60 4.24 0.61 na 320 Motel room 3.35 25.17 0.13 na 520 Elementary School student 2.27 22.50 0.10 na 530 High School student 4.11 8.86 0.46 na 540 Community College student 1.15 14.61 0.08 na 610 Hospital 1,000 Sq Ft 10.77 3.77 2.86 350 620 Nursing Home bed 3.06 3.31 0.92 na 710 General Office (average size)1,000 Sq Ft 10.84 3.33 3.26 307 715 Single Tenant Office 1,000 Sq Ft 13.07 3.85 3.39 295 730 Government Office 1,000 Sq Ft 22.59 7.45 3.03 330 770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325 820 Shopping Center (average size)1,000 Sq Ft 37.01 17.42 2.12 471 1. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). Land Use / Size DRAFT Page 40 of 53 8 Development Projections DRAFT 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Base Year 1 2 3 4 5 6 7 8 9 10 Population Resident 23,998 24,505 25,012 25,519 26,026 26,533 27,040 27,547 28,054 28,561 29,068 5,070 Lodging 993 1,008 1,023 1,038 1,053 1,068 1,083 1,098 1,113 1,128 1,143 150 Peak Population 24,991 25,513 26,035 26,557 27,079 27,601 28,123 28,645 29,167 29,689 30,211 5,220 Housing Units Single Family 9,231 9,415 9,600 9,784 9,969 10,154 10,338 10,523 10,707 10,892 11,077 1,846 Multi-Family 1,617 1,649 1,681 1,713 1,746 1,778 1,810 1,842 1,874 1,906 1,939 322 Total 10,847 11,064 11,281 11,498 11,715 11,931 12,148 12,365 12,582 12,798 13,015 2,168 Lodging Rooms 662 672 682 692 702 712 722 732 742 752 762 100 Employment Industrial 823 840 858 875 893 910 927 945 962 979 997 174 Commercial/Retail 2,171 2,217 2,263 2,309 2,354 2,400 2,446 2,492 2,538 2,584 2,630 459 Office/Institutional 5,987 6,113 6,240 6,366 6,493 6,619 6,746 6,872 6,999 7,125 7,252 1,265 Total 8,981 9,171 9,360 9,550 9,740 9,930 10,119 10,309 10,499 10,689 10,878 1,897 Nonres. Floor Area (x1,000) Industrial 524 535 546 557 569 580 591 602 613 624 635 111 Commercial/Retail 1,023 1,044 1,066 1,087 1,109 1,131 1,152 1,174 1,195 1,217 1,239 216 Office/Institutional 1,838 1,877 1,916 1,955 1,993 2,032 2,071 2,110 2,149 2,187 2,226 388 Total 3,385 3,456 3,528 3,599 3,671 3,742 3,814 3,885 3,957 4,028 4,100 715 10-Year IncreaseFairhope, Alabama Residential projections based on recent population growth. Nonresidential projections based on existing ratio of jobs to population. Page 41 of 53 9 Fire •Service Area: Citywide •Fee Components •Facilities: Incremental •Apparatus: Incremental •10-Year Demand •Facilities: 3,417 square feet, $1.7 million •Apparatus: 2.4 units, $800k DRAFT Page 42 of 53 10 Proposed Fire Fees DRAFT Fee Component Cost per Person Cost per Trip Fire Facilities $235.64 $102.53 Fire Apparatus $109.81 $47.78 Impact Fee Report $4.16 $2.42 Total $349.61 $152.73 Single Family 2.56 $895 $879 $16 Multi-Family 1.07 $374 $600 ($226) Industrial 2.44 $373 $292 $81 Commercial/Retail 12.21 $1,865 $1,467 $398 Office/Institutional 5.42 $828 $574 $254 Lodging (per room)1.68 $257 $197 $60 1. See Land Use Assumptions Current Fees Increase / (Decrease) Nonresidential Fees per 1,000 Square Feet Current Fees Development Type Persons per Housing Unit1 Increase / (Decrease) Proposed Fees Development Type Vehicle Trips per 1,000 Sq Ft1 Proposed Fees Residential Fees per Unit Comparison of 2018 to 2024 Component Unit 2018 2024 % Change Facilities square foot 22,901 22,901 0% Facilities square foot $325 $500 54% Apparatus unit 23 16 -30% Apparatus unit $207,370 $333,494 61% Residential 70%64%-9% Nonresidential 30%36%22% Residential person $378.51 $349.61 -8% Nonresidential trip $117.79 $152.73 30% Single Family PPHU 2.32 2.56 10% Multi-Family PPHU 1.58 1.07 -32% Industrial Trips / KSF 2.48 2.44 -2% Commercial/Retail Trips / KSF 12.46 12.21 -2% Office/Institutional Trips / KSF 4.87 5.42 11% Lodging Trips / Room 1.68 1.68 0% Proportionate Share Cost per Demand Unit Demand Factor Level of Service / Unit Cost Page 43 of 53 11 Parks and Recreation •Service Area: Citywide •Fee Components •Recreation Facilities: Incremental •Park Amenities: Incremental •10-Year Demand •Recreation Facilities: 9,546 square feet, $4.8 million •Park Amenities: 19 units, $1.8 million DRAFT Page 44 of 53 12 Proposed Parks and Recreation Fees DRAFT Fee Component Cost per Person Recreation Facilities $914.33 Park Amenities $340.97 Impact Fee Report $5.52 Total $1,260.82 Single Family 2.56 $3,228 $2,998 $230 Multi-Family 1.07 $1,349 $2,044 ($695) Lodging (per room)1.50 $1,891 $1,932 ($41) 1. See Land Use Assumptions Proposed FeesDevelopment Type Residential Fees per Unit Increase / (Decrease) Current Fees Persons per Housing Unit1 Comparison of 2018 to 2024 Component Unit 2018 2024 % Change Rec Facilities square foot 45,700 45,700 0% Rec Facilities square foot $343 $500 46% Amenities unit 82 89 9% Amenities unit $66,767 $95,743 43% Land (removed)acre 213.75 N/A N/A Land (removed)acre $48,721 N/A N/A Residential person $1,290.40 $1,260.82 -2% Single Family PPHU 2.32 2.56 10% Multi-Family PPHU 1.58 1.07 -32% Lodging Occ. / Room 1.50 1.50 0% Level of Service / Unit Cost Cost per Demand Unit Demand Factor Page 45 of 53 13 Police •Service Area: Citywide •Fee Components •Facilities: Incremental •Vehicles: Incremental •Equipment: Incremental •10-Year Demand •Facilities: 6,200 square feet, $3.1 million •Vehicles: 8 units, $529k •Equipment: 2 units, $65k DRAFT Page 46 of 53 14 Proposed Police Fees DRAFT Fee Component Cost per Person Cost per Trip Police Facilities $439.60 $172.91 Police Vehicles $75.09 $29.53 Police Equipment $9.27 $3.65 Impact Fee Report $4.52 $1.78 Total $528.48 $207.87 Single Family 2.56 $1,353 $742 $611 Multi-Family 1.07 $565 $506 $59 Industrial 2.44 $507 $238 $269 Commercial/Retail 12.21 $2,538 $1,195 $1,343 Office/Institutional 5.42 $1,127 $467 $660 Lodging (per room)1.68 $349 $161 $188 1. See Land Use Assumptions Vehicle Trips per 1,000 Sq Ft1 Proposed Fees Development Type Proposed Fees Increase / (Decrease) Residential Fees per Unit Persons per Housing Unit1 Current Fees Current Fees Development Type Nonresidential Fees per 1,000 Square Feet Increase / (Decrease) Comparison of 2018 to 2024 Component Unit 2018 2024 % Change Facilities square foot 26,104 29,304 12% Facilities square foot $315 $500 59% Vehicles unit 47 37 -21% Vehicles unit $36,617 $67,641 85% Equipment (new)unit N/A 10 N/A Equipment (new)unit N/A $30,910 N/A Residential 70%72%2% Nonresidential 30%28%-5% Residential person $319.47 $528.48 65% Nonresidential trip $95.91 $207.87 117% Single Family PPHU 2.32 2.56 10% Multi-Family PPHU 1.58 1.07 -32% Industrial Trips / KSF 2.48 2.44 -2% Commercial/Retail Trips / KSF 12.46 12.21 -2% Office/Institutional Trips / KSF 4.87 5.42 11% Lodging Trips / Room 1.68 1.68 0% Level of Service / Unit Cost Proportionate Share Cost per Demand Unit Demand Factor Page 47 of 53 15 Transportation •Service Area: Citywide •Fee Components •Capacity Improvements: Incremental •Resurfacing Improvements: Plan-Based •10-Year Demand •Capacity Improvements: 10.2 lane miles, $10.2 million •Resurfacing Improvements: •Growth: 1.7 lane miles, $250k •Existing: 8.3 lane miles, $1.25 million •Total: 10.0 lane miles, $1.5 million DRAFT Page 48 of 53 16 Proposed Transportation Fees DRAFT Fee Component Cost per Trip Capacity Improvements $618.76 Resurfacing Improvements $15.43 Impact Fee Report $3.08 Total $637.27 AWVT per Unit1 Single Family 5.90 $3,761 $1,211 $2,550 Multi-Family 1.61 $1,023 $563 $460 AWVT per 1,000 Sq Ft1 Industrial 2.44 $1,552 $562 $990 Commercial/Retail 12.21 $7,783 $2,826 $4,957 Office/Institutional 5.42 $3,454 $1,104 $2,350 Lodging (per room)1.68 $1,067 $379 $688 1. See Land Use Assumptions Development Type Proposed Fees Current Fees Increase / (Decrease) Current Fees Increase / (Decrease) Development Type Proposed Fees Residential Fees per Unit Nonresidential Fees per 1,000 Square Feet Comparison of 2018 to 2024 Component Unit 2018 2024 % Change Capacity (cost)trip $171.36 $618.76 261% Capacity (cost)year $510,500 $1,016,328 99% Resurfacing (cost)trip $37.18 $15.43 -58% Resurfacing (cost)year $415,000 $150,000 -64% All Development trip $226.85 $637.27 181% Single Family Trips / Unit 5.33 5.90 11% Multi-Family Trips / Unit 2.48 1.61 -35% Industrial Trips / KSF 2.48 2.44 -2% Commercial/Retail Trips / KSF 12.46 12.21 -2% Office/Institutional Trips / KSF 4.87 5.42 11% Lodging Trips / Room 1.68 1.68 0% Level of Service / Unit Cost Cost per Demand Unit Demand Factor Page 49 of 53 17 Fee Summary DRAFT Single Family $895 $3,228 $1,353 $3,761 $9,237 $5,830 $3,407 Multi-Family $374 $1,349 $565 $1,023 $3,311 $3,713 ($402) Industrial $373 $0 $507 $1,552 $2,432 $1,092 $1,340 Commercial/Retail $1,865 $0 $2,538 $7,783 $12,186 $5,488 $6,698 Office/Institutional $828 $0 $1,127 $3,454 $5,409 $2,145 $3,264 Lodging (per room)$257 $1,891 $349 $1,067 $3,564 $2,669 $895 Current Fees Increase / (Decrease) Residential Fees per Unit Current Fees Increase / (Decrease) Nonresidential Fees per 1,000 Square Feet Development Type Fire Parks and Recreation Police Transportation Proposed Fees Development Type Fire Parks and Recreation Police Transportation Proposed Fees Single Family $16 $230 $611 $2,550 $3,407 Multi-Family ($226)($695)$59 $460 ($402) Industrial $81 $0 $269 $990 $1,340 Commercial/Retail $398 $0 $1,343 $4,957 $6,698 Office/Institutional $254 $0 $660 $2,350 $3,264 Lodging (per room)$60 ($41)$188 $688 $895 Nonresidential Fees per 1,000 Square Feet Development Type Fire Parks and Recreation Police Transportation Increase / (Decrease) Residential Fees per Unit Development Type Fire Parks and Recreation Police Transportation Increase / (Decrease) Proposed Fees Increase / (Decrease) Page 50 of 53 18 Questions? Page 51 of 53 3RDST2NDSTMAIN ST4THSTRAMSEYRDUSHWY98U S HWY 98PLAINVIEW DRCOUNTYRD54ENICHOLS AVEN SECTION STCONTI CT ORLEANS DR FAIRHOPE AVE HO N O URS LN SECRETARIAT BLVD NMOBILESTJAN D R F AI R WOOD B L V D JUBILEE TRLPARKER R D SMEADOWSDRSAINT MICHAEL WAY SINGLESIDESTNORTHWOOD STJERICHO DR MAJORS R U N N INGLESIDE STC U M BRIA DR CREEKDRCOLEMAN AVE CROMWELL A V E SEMI N O L E A V E LAWRENCE RDD A L E D R BISHOP RDNSCHOOLSTHAWTHORNECIRCLUBHOUSE DRS SECTION STWI N NINGCOLORSTRL NIC H OLS AVE SOUTH DR GIRBY AVEVETERANS' DRSINGLESIDESTVIALETRENTINOCAI N L N C H A P M A N STJEFF DAVIS STH ANCOCKRDH OLYCROSSDRGABEL ST SANDYFORDRDCOUNTY RD 54 EASTWOOD AVE N W IN D IN G BRO O K DR GRAN D A V E EASTBROOK STSCULLY LN FORS T E R A V E MYRTLESTNICHOLS AVE EXT SCARLETT AVE MICHIGAN AVE HOFFRENDR JMICHAELSTWO O DLAN D S D R CAYE FALLS ST KENSLEY AVENORMANDY STSALVADORSTBLUE ISLAND AVES BAYVIEW STYOUNGSTFAIRHOPE AVE STATE HWY 104NORTHDR CALEBCTOAK AVE EVANSTON ST STRATFORDSTAYRSHIRELNGREENO RD 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LN LAKEWOODDR BRICKWOOD RDDAIRY RD MEADOW RD COUNTY RD 34 RABBIT RUN GRASS RD OLIVE CTBERNIE'S WAYBRODBECK LN OLD TIMNEY LNBUNKERLOOP CL A U DE'S PL GRACE LAKE DRDOVE LNCOUNTY RD 13BOONE LN RIVER CREEK DR CHAMPION RD NANCY LOOP OBEE RD CHARLEY BOOTHE RD MONK RD WORCESTER DR Esri Community Maps Contributors, CONANP, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA :City of Fairhope Corporate Limits and Jurisdiction (2 of 2) 0 1 2 30.5 Miles Roads Parcels Corporate Limits Page 53 of 53