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Home My WebLink About01-27-2025 City Council Agenda PacketCITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, January 27, 2025 - 6:00 PM City Council Chamber Council Members Jack Burrell Corey Martin Jimmy Conyers Jay Robinson Kevin G. Boone Invocation and Pledge of Allegiance 1.Approve minutes of 13 January 2025 Regular City Council Meeting and minutes of 13 January 2025 Work Session 2.Report of the Mayor 3.Public Participation – Agenda Items – (3 minutes maximum) 4.Council Comments 5.Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, Jay Broughton, on behalf of the Owner, Tallawampa Properties LLC, for conditional annexation to R-2, Medium Density Single-Family Residential District. The property is approximately 5.20 acres and is located at 0 Gayfer Road Ext. PPIN #: 13818 6.Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, Dewberry, on behalf of the Owner, Brian Metcalf, to rezone property from R-1, Low Density Single-Family Residential District to B-1, Local Shopping District. The property is approximately 2.06 acres and is located to the east of the terminus at Sweetwater Circle. PPINS #: 243332, 281752, 281750, 57219 7.Final Adoption - An Ordinance to declare that certain real property of the City of Fairhope (Part of the Anna T. Jeanes School Property) for Hope Community outlined in Exhibit A attached to lease) is not needed for public or municipal purposes in response to an offer to lease property for a five-year term for the minimum yearly rent of $1.00 payable as specified in lease. Option to renew or extend lease is specified in Article 10. (Introduced at the January 13, 2025 City Council Meeting) 8.Final Adoption - An Ordinance to Establish the Salary for the Mayor and Councilmembers; City of Fairhope Code of Ordinance (Section 2-21). (Introduced at the January 13, 2025 City Council Meeting) Page 1 of 370 City Council Regular Meeting January 27, 2025 Page - 2 - 9.Ordinance - An Ordinance to declare that certain real property of the City of Fairhope (approximately 16,300 square feet of floor space on the main floor thereof, but excluding approximately 3,500 square feet of basement located at 106 S. Church Street) for Baldwin County Community and Economic Development Foundation, Inc. (outlined in Exhibit A attached to lease) is not needed for public or municipal purposes in response to an offer to lease property for a term of fifteen years for the minimum yearly rent of $1.00 payable as specified in lease. Option to renew or extend lease is specified in Article 10. 10.Ordinance - Amending Ord. No. 1639 - 2018 International Code Council International Building Code - Permitting Requirements for boat lifts on City Property. 11.Site Plan Review and Approval - Request of the Applicant, Erik Haeffs, on behalf of the Owner, FST and Encounter Development LLC, for Site Plan Approval of Waffle House, Encounter Subdivision – Lot 10. The property is approximately 1.05 acres and is located on the northeast corner of State Highway 181 and State Highway 104. PPIN #: 627500. (Planning Commission unanimously recommends approval of SR 25.01). 12.Resolution - That the City Council to reject all bids (Bid No. 25-015) for Beverage Vending and Concession Annual Contract - Three years and authorize the Mayor to negotiate a contract with the one bidder, pursuant to the Code of Alabama 1975, Section 41-16-50(4). 13.Resolution - That the City Council approves and adopts the recommendation to increase the pay rate for the summer interns assigned to work with Fairhope Utilities and Public Works department through the Baldwin County Utilities Internship Program from $13.50 per hour to $14.00 per hour. 14.Resolution - That the City Council approves and adopts the recommendation of the Reclassification of one (1) vacant Gas Equipment Operator IV (Grade 9) to Gas Construction Technician I (Grade 5). 15.Resolution - That the City Council approves and adopts the recommendation of the Reclassification of two (2) vacant Lineworker positions (Grade 10) to two (2) Lineworker Apprentice positions (Grade 7). 16.Resolution - That the City Council approves and adopts the recommendation of the Reclassification of two vacant (2) Wastewater Operator III positions (Grade 8) to two (2) Assistant Wastewater Plant Operator positions (Grade 8). Page 2 of 370 City Council Regular Meeting January 27, 2025 Page - 3 - 17.Resolution - That the City Council approves and adopts the recommendation of the Reclassification of one (1) vacant Tree Trim Equipment Operator III (Grade 8) to one (1) Groundworker (Grade 6). 18.Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for new southeast entrance to Knoll Park to Lindsey Landscaping LLC. for a project cost not-to-exceed $24,700.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. 19.Resolution - That the City of Fairhope has voted to approve annual inspections and testing of Fire Trucks from Sunbelt Fire, Inc. as sole source distributor; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The cost will not-to-exceed $13,393.00. 20.Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the N. Mobile Street Sewer Force Main Bypass & Manhole Rehabilitation Project to A-Long Boring, Inc. for a not-to-exceed project cost of $76,590.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. 21.Resolution - That the City of Fairhope approves the procurement of a preventative maintenance program annual contract for the Wastewater Treatment Plant VTScada System from Automation Control Service, LLC. Automation Control Service, LLC. is the only area company able to supply this service and respond in person within two (2) hours for emergencies. The annual cost is $22,800.00 plus materials as needed for repairs. 22.Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Krebs Engineering for Professional Engineering Services for the Water Main Installation on Dairy Road (RFQ PS25-013) with a not-to-exceed amount of $60,000.00. 23.Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Water Treatment Plant #2 paving to American Asphalt for a not-to-exceed project cost of $36,324.00. This Public Works project will be less than $100,000.00 and therefore does not need to be formally bid out. 24.Resolution - That the City of Fairhope approves the awards of the Request for Quotes for Labor and Materials for Water Treatment Plants #5 and #6 Paving to Asphalt Services, Inc. for a not-to-exceed project cost of $32,140.50 ($14,634.00 for WTP #5 and $17,506.50 for WTP #6). These Public Works projects will be less than $100,000.00, and therefore does not need to be formally bid out. Page 3 of 370 City Council Regular Meeting January 27, 2025 Page - 4 - 25.Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 4 for (Bid No. 036-22) Pump Station and Force Main Maintenance - Phase II with a cost of $226,524.00 due to the extraordinary circumstances related to need for timely completion of the project to protect the health, safety, and welfare of the City’s Sewer Customers; and to award Change Order No. 4 to A- Long Boring, Inc. The new contract total will be $5,351,549.00. 26.Resolution - To award (Bid No. 25-021) to Donohoo Chevrolet for Two (2) New 2024 or 2025 Chevrolet Tahoes 2WD Commercial for the Police Department with a bid proposal not-to-exceed $99,732.00. 27.Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Sawgrass Consulting, LLC for Professional Engineering Services for the Gas Main Replacement Underneath I-10 Project (RFQ PS25-014) with a not-to-exceed amount of $64,100.00. 28.Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Magnolia River Services, Inc. for Professional Engineering Services for New FlowGIS Forms and Workflow (RFQ PS25-016) with a contract amount of $23,840.00. 29.Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract amendment with Magnolia River Services, Inc. for Professional Natural Gas Engineering Consulting Services (RFQ PS015-22) with a not-to-exceed amount of $714,766.50. The new contract total will be $1,714,766.50. 30.Resolution - That the Benches and Engraved Bench Boards from South Park are declared surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the two methods listed on the resolution. 31.Public Participation – (3 minutes maximum) 32.Executive Session - To discuss pending litigation and the legal ramifications of and legal options for potential litigation. 33.Adjourn Next Regular Meeting – Monday, February 10, 2025 – Same Time Same Place Page 4 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-901 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of 13 January 2025 Regular City Council Meeting and minutes of 13 January 2025 Work Session AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council approves the minutes of 13 January 2025 Regular City Council Meeting and minutes of 13 January 2025 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 370 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 13 January 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, 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 Burrell called the meeting to order. The invocation was given by Dr. Erick Hankins of First Baptist Church and the Pledge of Allegiance was recited. Councilmember Robinson moved to approve minutes of the 19 December 2024, regular meeting; and minutes of the 30 December 2024, special emergency meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) Recreation Survey regarding the recreation land at County Road 32 and County Road 13; and 2) State of the City on January 23, 2025, from 5:00 p.m. to 7:00 p.m.; and 3) Thanked Baldwin County Board of Education for the Anna T. Jeanes School Property; and their leadership and partnership with Hope Community; and 4) Benches and engraved Boards will be declared surplus; and family members will be able to request those boards; and 5) Update on the Drainage Project at Section and Bayou. The following individuals spoke during Public Participation for Agenda Items: 1) Don De Gutz, 110 Blakeney, addressed the City Council regarding Agenda Item No. 5: an ordinance to amend Zoning Ordinance No. 1253 and to rezone Steven W. Corbett’s property from B-2, General Business District to a PUD, Planned Unit Development, to be known as Legends at Point Clear. He told the City Council that they were not compelled to rezone this property. Council President Burrell mentioned the letter dated January 10, 2025 that was sent to City Clerk Lisa Hanks. He said this will be discussed when we get to that Agenda Item. 2) Amanda Cushman, 7878A Pale Moon Court, addressed the City Council regarding Agenda Item No. 5: an ordinance to amend Zoning Ordinance No. 1253 and to rezone Steven W. Corbett’s property from B-2, General Business District to a PUD, Planned Unit Development, to be known as Legends at Point Clear. She mentioned the wetlands and how this land is a flood area. Page 6 of 370 13 January 2025 Ms. Cushman said this is a problematic tract of land; and mentioned a letter she received from the owner and developer regarding a meeting being held with the residents within 300 feet of the property. Councilmember Martin told everyone Happy New and God bless you. Councimember Martin said he is not afraid of development; just want it to be orderly. Councilmember Conyers introduced the new Library Director Robert Gourlay to the City Council and has been with the Fairhope Public Library since 2015. He wanted to give Rob an opportunity to introduce himself. Mr. Gourlay thanked the City Council and Mayor; and stated the library has been a Public Library for 125 years. He mentioned a Federal grant just received for $37,000.00. Councilmember Conyers gave a shout out to Riley Leonard with the “Fighting Irish.” He said we are proud of him who will be representing us in the National Championship game. Councilmember Boone said Riley Leonard is one of the finest men he has ever met; and asked everyone to support Notre Dame. Council President Burrell asked Mayor Sullivan if we were having any watch parties for the National Championship. Mayor Sullivan replied that we are watching the weather. He said the City of Fairhope will do something for Riley Leonard in the near future. Council President Burrell commented about his Dad at Mississippi State with a run similar to Mr. Leonard’s run. Councilmember Martin moved to table Agenda Item No. 5 indefinitely until we gather more information regarding this project. An ordinance to amend Zoning Ordinance No. 1253 and to rezone Steven W. Corbett’s property from B-2, General Business District to a PUD, Planned Unit Development, to be known as Legends at Point Clear. The property is approximately 13.80 acres and is located on the west side of Greeno Road South, north of Old Battles Road/CR-34. PPINS #: 39376, 210314. (Introduced at the City Council Meeting on December 19, 2024) The motion was seconded by Councilmember Conyers. Council President Burrell commented most development has occurred in unzoned property in the County; and this property is already in the City limits. He said we are growing too fast and want to put a caution light up; and have sustained growth. Council President Burrell said, “the faster you grow you lose the charm of the City.” Council President Burrell commented he was not in favor of the proposed development; and if it comes back up as it is, he will not vote for it. Councilmember Martin said order and logic needs to take place. He said we need to slow down and take a breath before moving forward; and wants smart growth. He stated we need to make sure we have all the issues answered, especially for these large dense projects. Page 7 of 370 13 January 2025 Councilmember Robinson asked about property rights for citizens and what is legally right; and what is the benefit of this project for the Community. He said infrastructure, schools, and density are concerns. Councilmember Boone said we have to look at all property owners, not just owners of proposed zoning changes. Councilmember Robinson said there are a great deal of uses that the owners could do now being zoned B-2. Councilmember Conyers commented that tabling this item gives the owners time to bring something new with the property. Councilmember Martin said the owner and developer do not have to have the Community meeting. After further discussion, motion passed unanimously by voice vote. Councilmember Conyers moved for final adoption of Ordinance No. 1818, an ordinance An Ordinance Repealing and Replacing Ordinance No. 1575 to protect the Public Health, Safety and Welfare by providing Policy and Procedure for Park Usage within the City of Fairhope. (Introduced at the City Council Meeting on December 19, 2024) 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 to Declare that certain real property of the City of Fairhope (Part of the Anna T. Jeanes School Property) for Hope Community outlined in Exhibit A attached to lease) is not needed for public or municipal purposes in response to an offer to lease property for a five (5) year term for the minimum yearly rent of $1.00 payable as specified in lease. Option to renew or extend lease is specified in Article 10. Mayor Sullivan said this will be a bridge with the Community with greenspace and park area. Councilmember Martin said this will be great for the Community, especially the kids. Due to lack of a motion for immediate consideration, this ordinance will layover until the January 27, 2025 City Council meeting. Councilmember Robinson introduced in writing an ordinance to Establish the Salary for the Mayor and Councilmembers; City of Fairhope Code of Ordinance (Section 2-21). Council President Burrell explained the increases and how the salaries are still low from other municipalities. Councilmember Robinson said he does not want salaries to be increased too high, so people do not run for office just for the money. Due to lack of a motion for immediate consideration, this ordinance will layover until the January 27, 2025 City Council meeting. Page 8 of 370 13 January 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 3 for procurement of scanning solutions for use in Project 4 for the Planning and Zoning Department; services have been previously negotiated through the National Cooperative Purchasing Alliance (NCPA) Buying Group (Contract 11-26) with MCCi, LLC and therefore does not have to be let out for bid. Change Order No. 3 is $24,394.94. Total contract price will not-to-exceed $110,693.48. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5321-25 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. 3 for procurement of scanning solutions for use in Project 4 for the Planning and Zoning Department; services have been previously negotiated through the National Cooperative Purchasing Alliance (NCPA) Buying Group (Contract 11-26) with MCCi, LLC and therefore does not have to be let out for bid. Change Order No. 3 cost is $24,394.94 for additional work due to more physical documents and images. Total contract price not-to-exceed $110,693.48. ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, 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 approving and authorizing the submission of the Application for the Fiscal Year 2025 Airport Infrastructure Grant ("AIG") Project for H. L. "Sonny" Callahan Airport (KCQF) for the Replacement of the Taxiway Lighting System. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 9 of 370 13 January 2025 RESOLUTION NO. 5322-25 A RESOLUTION APPROVING AND AUTHORIZING THE APPLICATION FOR THE FISCAL 2025 AIRPORT INFRASTRUCTURE GRANT PROJECT FOR H. L. “SONNY” CALLAHAN AIRPORT (KCQF) WHEREAS, the City of Fairhope, Alabama, as the designated Sponsor for H. L. “Sonny” Callahan Airport (KCQF) intends to apply for Federal and State matching funds for an Airport Infrastructure Grant Project (AIG) during fiscal year 2025; and WHEREAS, the overall scope of the AIG project is the Replacement of the Taxiway Lighting System at the H. L. “Sonny” Callahan Airport (KCQF); and WHEREAS, the application submission deadline is no later than May 1, 2025. THEREFORE, BE IT RESOLVED, by the City of Fairhope, Alabama as follows: 1. That the City of Fairhope is authorized to make Application for Federal Assistance for the AIG project for FY2025 for the purpose of seeking Federal funding through the AIG program for the project described above. 2. That the application be submitted for and on behalf of the City of Fairhope by its Mayor, as designated by the City Council, who is authorized by this Resolution to sign the application and any related forms or documents on behalf of the City of Fairhope. 3. That the final grant agreement, if AIG funds are awarded based on the pre- application, shall remain subject to the approval of the City Council. BE IT FURTHER RESOLVED, that the City of Fairhope, in reliance upon an appropriate resolution from Fairhope Airport Authority, hereby affirms that the local matching share of funds in the amount required for the AIG project funds during FY2025 shall be the responsibility of Fairhope Airport Authority, and not the City of Fairhope. I, the undersigned qualified and acting as the City Clerk of the City of Fairhope, Alabama hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City Council of the City of Fairhope named therein, at a regular meeting of such body held on the 13th day of January, 2025, and that such resolution is on file in the office of the City Clerk, City of Fairhope, Alabama. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairhope on this 13th day of January, 2025. _____________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 10 of 370 13 January 2025 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of a Modular Dog Kennel Unit for the Haven; and the item is available as surplus from the City of Daphne. The total amount will be $25,000.00. The Haven will reimburse the City for the funds and will take care of the moving and setup fees for the unit which will be placed on the Haven’s facility. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5323-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of a Modular Dog Kennel Unit for the Haven; and the item is available as surplus from the City of Daphne. The total amount will be $25,000.00. The Haven will reimburse the City for the funds and will take care of the moving and setup fees for the unit which will be placed on the Haven’s facility. ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 ____________________________ Jack Burrell, 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 Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 for (Bid No. 23-030) Consulting Services for FEMA Public Assistance Management Services - Government Services to Royal Engineers and Consultants, LLC for one (1) year extension of the annual contract from January 22, 2025 to January 21, 2026 per the same terms and conditions of the original contract and contract amendment No. 1. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * * Page 11 of 370 13 January 2025 RESOLUTION NO. 5324-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 for (Bid No. 23-030) Consulting Services for FEMA Public Assistance Management Services - Government Services to Royal Engineers and Consultants, LLC for one (1) year extension of the annual contract from January 22, 2025 to January 21, 2026 per the same terms and conditions of the original contract and contract amendment No. 1. ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 for (Bid No. 23-031) Consulting Services for FEMA Public Assistance Management Services - Utility's Damage Projects to Royal Engineers and Consultants, LLC for one (1) year extension of the annual contract from January 22, 2025 to January 21, 2026 per the same terms and conditions of the original contract and contract amendment No. 1. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5325-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 for (Bid No. 23-031) Consulting Services for FEMA Public Assistance Management Services - Utility's Damage Projects to Royal Engineers and Consultants, LLC for one (1) year extension of the annual contract from January 22, 2025 to January 21, 2026 per the same terms and conditions of the original contract and contract amendment No. 1. ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 370 13 January 2025 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract with Volkert, Inc. for Professional Grant Administration Services for the FY2024 Community Project Funding (CPF) HUD Grant for the Airport Industrial Park (RFQ PS25-009) with a not-to-exceed amount of $16,257.41. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5327-25 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 Sawgrass Consulting, LLC for Professional Surveying and Engineering Design Services for the Bon Secour at Grand Drainage Project (RFQ PS25-008) with a not-to-exceed amount of $22,500.00. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a Contract with Sawgrass Consulting, LLC for Professional Surveying and Engineering Design Services for the Bon Secour at Grand Drainage Project (RFQ PS25-008) with a not-to-exceed amount of $22,500.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 13 of 370 13 January 2025 RESOLUTION NO. 5327-25 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 Sawgrass Consulting, LLC for Professional Surveying and Engineering Design Services for the Bon Secour at Grand Drainage Project (RFQ PS25-008) with a not-to-exceed amount of $22,500.00. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract with Thompson Engineering, Inc. for Professional Engineering, Survey, and Graphical Information System (GIS) Services for (RFQ PS24-034) for the City of Fairhope - Fairhope Area Storm Water Mapping & Resiliency Planning with a not-to-exceed contract amount of $650,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5328-25 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 Thompson Engineering, Inc. for Professional Engineering, Survey, and Graphical Information System (GIS) Services for (RFQ PS24-034) for the City of Fairhope - Fairhope Area Storm Water Mapping & Resiliency Planning with a not -to-exceed contract amount of $650,000.00. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 14 of 370 13 January 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-011) to Sur-Line Turf, Inc. for Renovation of Ten (10) Golf Course Putting Greens at Quail Creek Golf Course with a bid proposal not-to-exceed $185,750.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5329-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for Renovation of Ten (10) Golf Course Putting Greens at Quail Creek Golf Course (Bid Number 25- 011) for the City of Fairhope. [2] At the appointed time and place, the following bids were opened and tabulated as follows: DTE Golf $264,918.26 Sur-Line Turf, Inc. $185,750.00 Mid-America Golf & Landscape $335,899.00 [3] After evaluating the bid proposals with the required bid specifications, Sur-Line Turf, Inc. is now awarded the bid for Renovation of Ten (10) Golf Course Putting Greens at Quail Creek Golf Course for bid proposal not-to-exceed of $185,750.00. Adopted on this 13th day of January, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 15 of 370 13 January 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that certain limited public funds may be used for the removal of pine trees located at 19693 Quail Creek Drive with the cooperation of the landowner. Said trees are contiguous to the City’s public golf course and its removal will facilitate improved municipal landscaping and reduce safety concerns related to the size of the trees. The Governing Body hereby determines that the project serves a valid and sufficient public purpose notwithstanding any incidental benefit that may accrue to the private landowner; and hereby authorizes the Mayor to execute all documents necessary to facilitate right of entry permits and execute a contract with Ickes Tree Service who had the lowest quote of $4,365.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5330-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That certain limited public funds may be used for the removal of pine trees located at 19693 Quail Creek Drive with the cooperation of the landowner. Said trees are contiguous to the City’s public golf course and its removal will facilitate improved municipal landscaping and reduce safety concerns related to the size of the trees. The Governing Body hereby determines that the project serves a valid and sufficient public purpose notwithstanding any incidental benefit that may accrue to the private landowner. The Mayor is hereby authorized to execute all documents necessary to facilitate right of entry permits and execute a contract with Ickes Tree Service who had the lowest quote of $4,365.00. Adopted on this 13th day of January, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a Change Order for the New Bathroom Building at Founders Park with a cost of $3,600.00 due to the elevations of the site, which resulted in a change to the building layout on the concrete footprint; and to award Change Order to Seale Marine Construction. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Page 16 of 370 13 January 2025 RESOLUTION NO. 5331-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Change Order for the New Bathroom Building at Founders Park with a cost of $3,600.00 due to the elevations of the site, which resulted in a change to the building layout on the concrete footprint; and to award Change Order to Seale Marine Construction. ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Architectural Services for (RFQ PS25- 015) for the design of the Welcome Center Envelope project to Goodwyn Mills and Cawood, Inc.; and hereby authorize 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. 5332-25 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 Architectural Services for (RFQ PS25-015) for the design of the Welcome Center Envelope project to Goodwyn Mills and Cawood, Inc.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 _________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 17 of 370 13 January 2025 Councilmember Martin 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 PS25-013) for the Water Main Installation on Dairy Road to Krebs Engineering; and hereby authorize 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. 5333-25 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 PS25-013) for the Water Main Installation on Dairy Road to Krebs Engineering; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, 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 Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 4 for (Bid No. 036-22) Pump Station and Force Main Maintenance - Phase II with a cost of $226,524.00; and to award Change Order No. 4 to A-Long Boring, Inc. The new contract total will be $5,351,549.00 contingent on approval of City Attorney Marcus McDowell. Seconded by Councilmember Conyers, motion passed by the following voice votes: AYE – Burrell, Conyers, Robinson, and Boone. NAY - Martin. Page 18 of 370 13 January 2025 RESOLUTION NO. 5334-25 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. 4 for (Bid No. 036-22) Pump Station and Force Main Maintenance - Phase II with a cost of $226,524.00; and to award Change Order No. 4 to A-Long Boring, Inc. The new contract total will be $5,351,549.00 contingent on approval of City Attorney Marcus McDowell. ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract with CDG, Inc. for Professional Engineering Services for (RFQ PS25-004) for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel with a not-to-exceed contract amount of $330,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5335-25 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 CDG, Inc. for Professional Engineering Services for (RFQ PS25-004) for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel with a not - to-exceed contract amount of $330,000.00. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 19 of 370 13 January 2025 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 Well Pump Replacement for Well #10 to Morrow Water Technologies, Inc. for a project cost not-to-exceed $60,406.86. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5336-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Well Pump Replacement for Well #10 to Morrow Water Technologies, Inc. for a project cost not-to-exceed $60,406.86. This Public Works project will be less than $100,000.00 and therefore does not need to be formally bid out. DULY ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin 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 replacement of two (2) high service pumps at Water Treatment Plant No. 2 to Morrow Water Technologies, Inc. for a project cost not-to-exceed $39,981.14. This Public Works project will be less than $100,000.00; and therefore, does not need to be formally bid out. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 20 of 370 13 January 2025 RESOLUTION NO. 5337-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for replacement of two (2) high service pumps at Water Treatment Plant No. 2 to Morrow Water Technologies, Inc. for a project cost not-to-exceed $39,981.14. This Public Works project will be less than $100,000.00; and therefore, does not need to be formally bid out. DULY ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, 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 of Fairhope approves the award of the Request for Quotes for Labor and Materials for the High Service Pump Replacement for Well #4 to Griner Drilling Service, Inc. for a project cost not -to- exceed $17,908.60. This Public Works project will be less than $100,000.00, and therefore, does not need to be formally bid out. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5338-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the High Service Pump Replacement for Well #4 to Griner Drilling Service, Inc. for a project cost not-to-exceed $17,908.60. This Public Works project will be less than $100,000.00; and therefore, does not need to be formally bid out. DULY ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 ________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 21 of 370 13 January 2025 Councilmember Robinson 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 Well and Pump Replacement at Well #6 to Griner Drilling Service, Inc. for a project cost not -to- exceed $83,079.84. This Public Works project will be less than $100,000.00, and therefore, does not need to be formally bid out. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5339-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Well and Pump Replacement at Well #6 to Griner Drilling Service, Inc. for a project cost not-to-exceed $83,079.84. This Public Works project will be less than $100,000.00; and therefore, does not need to be formally bid out. DULY ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, 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 Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 3 for (Bid No. 005-22) RESTORE Lift Station Rehabilitation to add 267 days to the contract at no additional cost; and to award Change Order No. 3 to Ballcon, Inc. Seconded by Councilmember Martin, motion passed unanimously by voice vote. * * Page 22 of 370 13 January 2025 RESOLUTION NO. 5340-25 WHEREAS, the City of Fairhope the City of Fairhope awarded the contract for Fairhope Sewer Upgrade Phase I - Lift Station Rehabilitation Project (Bid No. 005- 22) to Ballcon, Inc. via Resolution No. 4556-22 on September 26, 2022; and WHEREAS, there is a need to approve Change Order No. 3 for Bid No. 005-22 to add 267 days to the construction time for this project at no additional cost with a new total of 679 days. The addition days is a “pause” in the construction time to allow supporting force main project to catch up to this project. NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute Change Order No. 3 for Fairhope Sewer Upgrade Phase I - Lift Station Rehabilitation Project (Bid No. 005-22) with Ballcon, Inc. to add 267 days to the construction time for this project at no additional cost. The addition days is a “pause” in the construction time to allow supporting force main project to catch up to this project. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 006-22) RESTORE Side Stream Storage to add 184 days to the contract at no additional cost; and to award Change Order No. 1 to Ballcon, Inc. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 23 of 370 13 January 2025 RESOLUTION NO. 5341-25 WHEREAS, the City of Fairhope the City of Fairhope awarded the contract for Fairhope Sewer Upgrade Phase I - Side Stream Storage project (Bid No. 006-22) to Ballcon, Inc. via Resolution No. 4557-22 on September 26, 2022; and WHEREAS, there is a need to approve Change Order No. 1 for Bid No. 006-22 to add 184 days to the construction time for this project at no additional cost with a new total of 549 days. The addition days is a “pause” in the construction time to allow supporting force main project to catch up to this project. NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute Change Order No. 1 for Fairhope Sewer Upgrade Phase I - Side Stream Storage project (Bid No. 006-22) with Ballcon, Inc. to add 184 days to the construction time for this project at no additional cost. The addition days is a “pause” in the construction time to allow supporting force main project to catch up to this project. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract amendment with Stewart Engineering for (RFQ PS23-003) Professional Engineering Services for the 46KV Transmission Loop along the West Side of Greeno Road for additional Engineering services for Construction Alternate #1 for a not-to-exceed cost of $154,000.00, and additional Engineering Services for Construction Alternate #2 for a not-to-exceed cost of $90,000.00. If both alternates are contracted, the new contract total will be $410,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 24 of 370 13 January 2025 RESOLUTION NO. 5342-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract amendment with Stewart Engineering for (RFQ PS23-003) Professional Engineering Services for the 46KV Transmission Loop along the West Side of Greeno Road for additional Engineering services for Construction Alternate #1 for a not-to-exceed cost of $154,000.00, and additional Engineering Services for Construction Alternate #2 for a not-to-exceed cost of $90,000.00. If both alternates are contracted, the new contract total will be $410,000.00. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 ________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of Twenty-Three (23) Motorola APX 900 Radios plus accessories and programming that is on Alabama Statewide Contract (Contract #MA230000003341- 1) with Motorola Solutions, Inc. and therefore does not have to be let out for bid. The total amount not-to-exceed $73,246.49. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5343-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Twenty -Three (23) Motorola APX 900 Radios plus accessories and programming that is on Alabama Statewide Contract (Contract #MA230000003341-1) with Motorola Solutions, Inc. and therefore does not have to be let out for bid. The total amount not -to-exceed $73,246.49. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 ________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 25 of 370 13 January 2025 Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS25-014) for the Gas Main Replacement Underneath I-10 to Sawgrass Consulting, LLC; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5344-25 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 PS25-014) for the Gas Main Replacement Underneath I-10 to Sawgrass Consulting, LLC; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, 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 approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS25-016) for New FlowGIS Forms and Workflows to Magnolia River Services, Inc.; and hereby authorize 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 26 of 370 13 January 2025 RESOLUTION NO. 5345-25 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 PS25-016) for New FlowGIS Forms and Workflows (Create and Configure the forms and workflows for Gas Leak Report and Repair, Gas Primary Work Order, Gas Inspection Report and Meter Workorder) to Magnolia River Services, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers moved to reappoint the following to the Library Board with staggered terms: Anne Johnson for a two-year term which will expire December 2026, Randal Wright for a three-year term which will expire December 2027, and Andy Parvin for a four-year term which will expire December 2028. He commented that these are unpaid volunteers; and thanked them for their service. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Conyers moved to grant the request of Randal Wright, on behalf of the Friends of the Fairhope Public Library, requesting permission to serve alcohol at its annual Chocolate and Champagne Gala 2025 on Saturday, February 15, 2025, from 7:00 p.m. to 9:30 p.m. in the Fairhope Public Library. Seconded by Councilmember Boone, motion passed unanimously by voice vote. * * Page 27 of 370 13 January 2025 The following individuals spoke during Public Participation for Non-Agenda Items: 1) Brian Dasinger, 115 Keplar Place, addressed the City Council regarding the Library Board appointments. He said three terms were up in December, seven applied to the Board, and none received a call or letter. Mr. Dasinger said one book was moved to the adult section. He said we are looked at as radicals. 2) Doug Greengard, 311 Wakefield Avenue, addressed the City Council and said he agreed with Mr. Dasinger. He said books are still in the teen section that are disgusting. Mr. Greengard told the City Council they were not listening to the Community. 3) Caleb Whitehead, 20 Burlington Drive, addressed the City Council and said he lives in Fairhope and is a physician here. Dr. Whitehead said he is very supportive of the Library Board and supports Fairhope. 4) Catherine Dorrough, 705 Washington Drive, addressed the City Council and said she supports the Library Board reappointments; and said all of us should just care about our children. 5) Douaihi Enrique, 219 Ocean Drive, addressed the City Council and said he is from Venezuela and has been an American citizen for 6 years. Mr. Enrique explained to everyone what it was like prior to leaving Venezuela with everything being taken away from citizens. He said a free society must have freedom; and is in favor of the Library Board. Mr. Enrique thanked the City Council and commented that this is about censorship from a small group not everyone in Fairhope. At the request of the City Attorney, Marcus E. McDowell, the City Council will rise from the meeting to go into Executive Session based on Alabama Code § 36- 25A-7(a)(3) to discuss pending litigation and the legal ramifications of and legal options for potential litigation. The approximate time to be in Executive Session is 90 minutes. Councilmember Boone moved to go into Executive Session. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Exited the dais at 7:20 p.m. Returned at 8:50 p.m. * * Page 28 of 370 13 January 2025 Councilmember Robinson moved to adjourn the meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 8:50 p.m. Jack Burrell, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 29 of 370 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, 13 January 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Council President Burrell called the meeting to order at 4:30 p.m. The following topics were discussed: •The first item on the Agenda was the Waterfront Project Update by City Engineer Richard Johnson. (See attached Presentation) Councilmember Martin questioned “the flip” and said this project is exciting. Council President Burrell questioned the fountain location, ramp size, and pilings. Mayor Sullivan mentioned the benches and engraved boards off the benches; and will be on the next City Council agenda to declare this surplus. •The next item on the Agenda was the Rebuild Alabama Gas Tax Fund Report for FY2024 by Richard Johnson. He explained that we had $181,573.73 to help pave our roads. •Councilmember Conyers mentioned the reappointments to the Library Board on the agenda tonight; and will introduce the new Library Director Robert Gourlay during his comments. •Councilmember Robinson mentioned the Fairhope Historic Preservation Commission met but he missed the meeting. •Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No. 21 through No. 27; and answered any questions if needed. Councilmember Martin said this is the fourth Change Order; and this should not be a habit, and he will not keep approving. Council President Burrell and Councilmember Robinson both questioned the legal issues with Change Order. City Attorney Marcus McDowell stated it must be bid out if the Change Order goes over 10 percent. Mr. Johnson explained the reason for this Change Order. Council President Burrell commented just because engineering fees are in the 7 to 10 percent for the Section Street/Bayou drainage project it is not always a deal. Council President Burrell said he would love to see the hours used. •IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No. 31; and answered any questions if needed. •Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Items No. 32 and No. 33; and answered any questions if needed. •Electric Superintendent Ben Patterson addressed the City Council regarding Agenda Item No. 30; and answered any questions if needed. Page 30 of 370 Monday, 13 January 2025 Page -2- •Recreation Director Pat White and Gold Director Bobby Hall addressed the City Council regarding Agenda Item No. 17; and answered any questions if needed. •Golf Director Bobby Hall addressed the City Council regarding Agenda Item No. 18; and answered any questions if needed. He mentioned two new subdivisions permitted. •City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 11, No. 15, No. 16, and No. 20; and answered any questions if needed. •Public Works Director George Ladd addressed the City Council regarding Agenda Item No. 19; and answered any questions if needed. •City Treasurer Kim Creech and Grants Coordinator Nichol Love addressed the City Council regarding Agenda Items No. 28, No. 29, and No. 14; and answered any questions if needed. Council President Burrell said the Airport Authority land on the west side will be deeded back to the City. Mayor Sullivan said an environmental assessment must be done before the land is deeded back to the City. •Mayor Sherry Sullivan addressed the City Council regarding Agenda Items No. 7, No. 9, No. 6, No. 12, and No. 13 and answered any questions if needed. •Council President Burrell addressed the City Council regarding Agenda Items No. 5, No. 8, and No. 10; and answered any questions if needed. He said the developer requested that Agenda No.5 be tabled until the second meeting in February. •Councilmember Conyers addressed the City Council regarding Agenda Items No. 34 and No. 35; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 5:45 p.m. ______________________________ Jack Burrell, Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 31 of 370 Fairhope Working Waterfront and Green pace Re toration Project January 2025 -Project Update Page 32 of 370 K@y B@nchmark Project Tasks: • Project Demolition • South Half of the Circular Seawall Rehabilitation • Fountain Demolition, Plumbing, and Basin (Pool) Rehabilitation • Pier Handrails, Fish Cleaning Stations and Benches • Major Drainage Trunkline and Bay Outfall Complete • Redesign and Approval of Alternative Analysis for ADA Access • South Beach Seawall -Demolition and All Material On Site • All Curbing In Place -Phase I -South Half of Parking & Rose Garden • Base Utilities Page 33 of 370 Project Demolition: Page 34 of 370 outh Half eawall Rehabilitation: Page 35 of 370 Pier Handrails & Accessories: Page 36 of 370 Page 37 of 370 -----,;' = :::::::: Page 38 of 370 Curbing -Phase I -Rose Garden: Page 39 of 370 outh B@ach • Page 40 of 370 Project Schedule & Next Tasks: • Project On Schedule • South Beach Seawall-Placement of Ready-Rock Structures (underway) • Placement of Pavers -Phase I -South Half of Parking & Rose Garden • Fountain Plastering and Final Plumbing/Electrical • Construction of ADA Access • Vertical Construction -New Bathrooms and Utility Enclosure Building • Pier and Park Lighting • North Beach Parking and "The Flip" to Phase II -March 2025 Questions? Page 41 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-939 FROM:Hunter Simmons SUBJECT:Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, Jay Broughton, on behalf of the Owner, Tallawampa Properties LLC, for conditional annexation to R-2, Medium Density Single-Family Residential District. The property is approximately 5.20 acres and is located at 0 Gayfer Road Ext. PPIN #: 13818 AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: City Council denial 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 42 of 370 ORDINANCE NO. AN ORDIN CE AMENDING ORDIN ANCE 0. 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 hearin g, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Tanglewood Investments, LLC, ( containing 2 .06 acres , more or less, and zoned R-1) and located to the east of the terminus at Sweetwater Circle. PPINS # 243332, 281752, 281750, 57219 Legal Description: (Case number ZC 24.10) LOTS 1, 2 & 3 TOGETHER WITH COMMON AREA FOR PRIVATE COMMON DRIVEWAY AND LANDSCAPING AS SHOWN ON PLAT OF THE PRESERVE AT SWEETWATER SUBDMSION AS RECORDED IN SLIDE 2276 -F IN THE RECORDS IN THE OFFICE OF JUDGE PROBATE BALDWIN COUNTY ALABAMA . (DESCRIPTION COPIED FROM INSTRUMENT #751945 , PROBATE RECORDS , BALDWIN COUNTY , ALABAMA) A map of the property to be rezoned is attached as Exhibit A. The property is hereb y rezoned B-1, Local Shopping 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 u se permitted or bui ld ing sought to be erected on said property shall be in compliance with the building law s 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 th e above statement of p ermitted uses, the use sha ll be res tricted to a restaurant requiring Board of Adjustment approval. Rezoning request is for the u se as a Restaurant. Any change in use other than Restaurant shall meet all applicab le laws and regu lations at the time of application. Severability Clause -if any part, section or subdivi sion of this ordinance shall be held unconsti tutional 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. E ffective Date -This ordinance shall take effect immediately upon its due adoption and publication as required by law. ATTEST: Lisa A. Hanks , MMC City Clerk ADOPTED THIS 27TH DAY OF JANUARY, 2025 Jack Burrell , Council President ADOPTED THIS 27TH DAY OF JANUARY, 2025 Sherry Sullivan , Mayor Page 43 of 370 ZC 24.09 - Tallawampa Single Family Subdivision City of Fairhope City Council January 27, 2025 JUBILEE TRLBISHOP RDROLLING OAKS DRDYER RD GAYFER AVE EZELL LNGAYFER RD EXT GREENO RD NGAYFER RD EXTEZELL LNRoad Parcel ZONEClassification B-2 General Business District HTD – Highway Transitional District PUD - Planned Unit Development R-1 Low Density Single-Family Residential District R-2 Medium Density Single-Family Residential District R-3 High Density Single-Family Residential District R-4 Low Density Multi-Family Residential District R-5 High Density Dwelling Residential District µ µ Project Name: Tallawampa Single Family Subdivision Site Data: 5.20 acres Project Type: Conditional Annexation to R-2 Jurisdiction: Fairhope Planning Jurisdiction Zoning District: N/A PPIN Number: 13818 General Location: North side of Gayfer Road ExtWest of Bishop Road Surveyor of Record: N/A Engineer of Record: Jay Broughton Owner / Developer: Tallawampa Properties LLC School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: DENIAL Prepared by: Mike Jeffries Planning Commission (6 Ayes) voted to recommend denial of ZC 24.09 Page 44 of 370 Page 45 of 370 1 ZC 24.09 Conditional Annexation Tallawampa Properties, LLC to R-2 December 2, 2024 Summary of Request: Applicant, Jay Broughton, acting on behalf of the Owner, Tallawampa Properties LLC, is requesting conditional annexation to R-2, Medium Density Single-Family Residential District to be known as the Tallawampa Subdivision. The property is approximately 5.20 acres and is located at 0 Gayfer Road Ext. The property is currently zoned RSF-E by Baldwin County. Figure 1: Map of subject and adjacent properties. Page 46 of 370 2 ZC 24.09 Conditional Annexation Tallawampa Properties, LLC to R-2 December 2, 2024 County Zoning Map Comments: The subject property currently is vacant. The subject property is bordered to the East by a Fairhope PUD “Tin Tops at Gayfer” Ordinance #1789, to the north by County zoned RA, the west by County zoned B1, and south across Gayfer Rd. Ext. by County zoned RSF-E and County zoned B2. 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. The surrounding area zoned by Baldwin County is recent. The surrounding properties were developed while the properties were unzoned. Thus giving a mixture of uses in the area. Staff does not believe this area supports the density of R-2. R-2 has a lot size minimum requirement of 75’ wide and 10,500sf minimum lot area. Annexing into the City as R-1 would be a more Page 47 of 370 3 ZC 24.09 Conditional Annexation Tallawampa Properties, LLC to R-2 December 2, 2024 appropriate zoning. The current RSF-E County zoning requires 165’ minimum wide lot frontage and 80,000sf minimum lot area. 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 2024 Comprehensive Plan has this area categorized as Suburban Residential areas which includes some of the largest lot sizes within single-family detached neighborhoods in Fairhope. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Does not meet. The property is currently zoned RSF-E by Baldwin County and the most similar district is R-1. (3) The character of the surrounding property, including any pending development activity; Response: Does not meet. The surrounding properties area comprised of larger lots with the buildings pushed away from the street. (4) Adequacy of public infrastructure to support the proposed development; Response: Meets. A subdivision would require improvements to the existing 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 and buffers. (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: Adjacent properties would be impacted less by a less dense zoning. (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Adjacent neighborhoods would be impacted less by a less dense zoning. Page 48 of 370 4 ZC 24.09 Conditional Annexation Tallawampa Properties, LLC to R-2 December 2, 2024 Recommendation: Staff recommends DENIAL of ZC 24.09, Conditional Annexation to R-2, Gayfer Rd Ext, Tallawampa Properties. Page 49 of 370 Page 50 of 370 Page 51 of 370 Page 52 of 370 Page 53 of 370 Page 54 of 370 Page 55 of 370 Page 56 of 370 Page 57 of 370 Page 58 of 370 Page 59 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-940 FROM:Hunter Simmons SUBJECT:Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, Dewberry, on behalf of the Owner, Brian Metcalf, to rezone property from R-1, Low Density Single-Family Residential District to B-1, Local Shopping District. The property is approximately 2.06 acres and is located to the east of the terminus at Sweetwater Circle. PPINS #: 243332, 281752, 281750, 57219 AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: City Council approval BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 60 of 370 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 Tanglewood Investments, LLC, (containing 2.06 acres, more or less, and zoned R-1) and located to the east of the terminus at Sweetwater Circle. PPINS # 243332, 281752, 281750, 57219 Legal Description: (Case number ZC 24.10) LOTS 1, 2 & 3 TOGETHER WITH COMMON AREA FOR PRIVATE COMMON DRIVEWAY AND LANDSCAPING AS SHOWN ON PLAT OF THE PRESERVE AT SWEETWATER SUBDIVISION AS RECORDED IN SLIDE 2276-F IN THE RECORDS IN THE OFFICE OF JUDGE PROBATE BALDWIN COUNTY ALABAMA. (DESCRIPTION COPIED FROM INSTRUMENT #751945, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA) A map of the property to be rezoned is attached as Exhibit A. The property is hereby rezoned B-1, Local Shopping 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 use shall be restricted to a restaurant requiring Board of Adjustment approval. Rezoning request is for the use as a Restaurant. Any change in use other than Restaurant shall meet all applicable laws and regulations at the time of application. Page 61 of 370 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. END OF PROPOSED ORDINANCE Page 62 of 370 Planning Commission (6 Ayes) voted to recommend approval of ZC 24.10 Page 63 of 370 Page 64 of 370 Page 65 of 370 1 ZC 24.10 The Preserve at Sweetwater (multiple parcels from R-1 to B-1) - December 2, 2024 Summary of Request: Authorized agent, Cathy Barnett of Dewberry, on behalf of owner, Tanglewood Investments, LLC, requests the subject property be rezoned from R-1, Low Density Single Family Residential District to B-1, Local Shopping District. The property is located at the terminus of Sweetwater Circle off South Mobile Steet and consists of four (4) parcels totaling approximately two (2) acres. Applicant desires to eventually utilize all parcels to rebuild the Sweetwater Supper Club that was formerly located on Scenic Highway 98. The parcels will require a re-plat into one (1) large parcel. Comments: The definition of B-1 Local Shopping District is listed below. The desired use (restaurant) is allowed in B-1 only on appeal to the Board of Adjustments and subject to special conditions. Therefore, if this rezoning case is granted a BOA case would be required that reviews site plan specific details. Site plans shown herein are preliminary and included for reference. This zoning case should focus only on the request to rezone the property. Article III, Section A(10): Surrounding Zoning: The Subject Property is located near properties zoned by both Fairhope and Baldwin County. Neighboring properties within the City of Fairhope are zoned R-1 as shown in Figure 1. Figure 1: City Zoning Page 66 of 370 2 ZC 24.10 The Preserve at Sweetwater (multiple parcels from R-1 to B-1) - December 2, 2024 Adjacent properties to the west, north and east are zoned by Baldwin County as shown in Figure 2. The Subject Property was annexed into the City on April 24, 2006, via Ordinance No. 1299 (in the packet). A subdivision case followed that created a three (3) lot subdivision with a common area shown below on Slide 2276-F called The Preserve at Sweetwater. Each of the three lots were zoned R-1, Low Density Single-Family Residential. Figure 2: Subject parcels and adjacent Baldwin County zoned parcels Page 67 of 370 3 ZC 24.10 The Preserve at Sweetwater (multiple parcels from R-1 to B-1) - December 2, 2024 The subject property is currently vacant. Sweetwater Branch flows on the northern side of the property. There are jurisdictional wetlands present adjacent to Sweetwater Branch as well. The proper environmental buffers are in place for the stream and wetlands. B-1 zoning, if approved, will require additional landscape buffers when abutting residentially zone property Although shown as a public right-of-way on the Baldwin County Parcel Viewer, Sweetwater Circle is a private road. The properties along Sweetwater Cir. are zoned B-2 by the County. City zoned B-1 is the closest comparable zoning to the B-2 districts of the County; thus, B-1 zoning makes sense in this area. There are incompatible land uses adjacent to the subject property (Baldwin County RSF-1, and City R-1). If B- 1 zoning is granted, the Applicant shall provide the necessary landscape buffers for incompatible land uses in subsequent plans following the re-zoning case. Parking and other required attributes will be reviewed in another application as they are not necessary for re-zoning cases. Preliminary sketches of a proposed restaurant are provided below. Page 68 of 370 4 ZC 24.10 The Preserve at Sweetwater (multiple parcels from R-1 to B-1) - December 2, 2024 Recommendation: Staff recommends approval of ZC 24.10, rezoning parcels from R-1 to B-1 with the following condition: 1) A re-plat shall be recorded with Baldwin County Probate to combine the four lots within the Subject Property into one lot and shall memorialize easements and required buffers. Page 69 of 370 5 ZC 24.10 The Preserve at Sweetwater (multiple parcels from R-1 to B-1) - December 2, 2024 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 2024 Comprehensive Plan identifies this area as an existing Suburban Mixed-Use Node, which it is because it is adjacent to city and county residential zoned areas and Sweetwater Circle is a Neighborhood Business District in the County. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. Some allowable uses are not ideal for this location and use changes will be vetted accordingly. (3) The character of the surrounding property, including any pending development activity; Response: Meets. The only development activity currently is the proposed restaurant. Required buffers and twenty (20) foot setbacks will provide protection from adjacent residential and conservation property. Future changes in use should be carefully reviewed for impacts on the character of the surrounding property. (4) Adequacy of public infrastructure to support the proposed development; Response: Meets. Already an existing subdivision with utilities. Applicant will need to get proper consent from Baldwin County Highway Department regarding expanding and/or improving Sweetwater Circle. (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. There are mandated buffers already on the plat that shall remain. B-1 zoning is more protective than the R-1 zoning because the Tree Ordinance is enforceable. The Zoning Ordinance and Tree Ordinance already provide protections to adjacent residential and conservation (county) property by way of setbacks and landscape buffers. (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: None anticipated. The potential restaurant use will not have the same business hours of the businesses. Parking will be reviewed in the future and shall meet the requirements of the Fairhope Zoning Ordinance.. Page 70 of 370 6 ZC 24.10 The Preserve at Sweetwater (multiple parcels from R-1 to B-1) - December 2, 2024 (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff do not anticipate any significant issues relating to this criterion currently. However, changes in use should be considered carefully. Uses allowed in B-1 from Table 3-1 of the Zoning Ordinance are summarized below. Dwelling Single-Family (‘By-right’) Two-family (‘By-right’) Townhouse (‘Permitted subject to special conditions listed in the ordinance’) Mixed-Use (‘By-right’) Accessory Dwelling (‘Permitted subject to special conditions listed in the ordinance’) Civic Elementary School (‘By-right’) Secondary School (‘By-right’) Education Facility (‘By-right’) Library (‘By-right’) Cemetery (‘Permitted on Appeal and subject to special conditions’) Hospital (‘Permitted on Appeal and subject to special conditions’) Public Open Space (‘By-right’) Common Open Space (‘By-right’) Public Utility (‘Permitted on Appeal and subject to special conditions’) Community Center or Club (‘Permitted on Appeal and subject to special conditions’) Office General (‘By-right’) Professional (‘By-right’) Home Occupation (‘Permitted subject to special conditions listed in the ordinance’) Retail Grocery (‘By-right’) Convenience Store (‘Permitted subject to special conditions listed in the ordinance’) General Merchandise (‘By-right’) Automobile Service Station (‘Permitted on Appeal and subject to special conditions’) Service Convalescent or Nursing Home (‘Permitted on Appeal and subject to special conditions’) Clinic (‘Permitted on Appeal and subject to special conditions’) Day Care (‘Permitted on Appeal and subject to special conditions’) General Personal Services (‘By-right’) Dry Cleaner/Laundry (‘By-right’) Restaurant (‘Permitted on Appeal and subject to special conditions’) Page 71 of 370 Page 72 of 370 Page 73 of 370 Page 74 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1242 FROM: Sherry Sullivan, Mayor jack Burrell, Council Member SUBJECT: To declare that certain real property of the City of Fairhope (Part of the Anna T. Jeanes School Property) for Hope Community outlined in Exhibit A attached to lease) is not needed for public or municipal purposes in response to an offer to lease property for a five-year term for the minimum yearly rent of $1.00 payable as specified in lease. Option to renew or extend lease is specified in Article 10. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council adopt BACKGROUND INFORMATION: An Ordinance to declare that certain real property of the City of Fairhope (Part of the Anna T. Jeanes School Property) for Hope Community outlined in Exhibit A attached to lease) is not needed for public or municipal purposes in response to an offer to lease property for a five-year term for the minimum yearly rent of $1.00 payable as specified in lease. Option to renew or extend lease is specified in Article 10. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 75 of 370 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 76 of 370 ORDINANCE NO. BE IT ORDAi ED BY THE GOVERN! G BODY OF THE CITY OF FAIRH OP E, ALABAMA, AS FOLLOWS : SECTION 1. It is hereby estab li shed and declared that the following described real property of the City of Fairhope, Alabama, is not needed for public or municipal purposes during the term of this lease, to-wit: FROM THE POINT OF COMME CEMENT AT THE SOUTHEAST CORNER S CTION 19 , TOWNSHIP 6 SOUTH , RANGE 2 AST ; RUN ORTH , ALO G THE CENTERLINE OF SOUTH SECTION STREET,± 29 .7 FEET TO A POINT ; THE CE RUN WEST , ± 39.5 FEET TO THE POINT OF BEGINNING (POB); THENCE RUNS 89 °28'49" W, ALONG THE NORTH RIGHT-OF-WAY LINE OF TWIN BEECH ROAD (CR44), ± 624 .5 FEET TO A POINT ; THENCE RUN 00 °35'02" W, LEAVING SAID RIGHT-OF-WAY , ± 1292.4 FEET TO A POINT ; THE CE RUN EAST, ± 358 .8 FEET TO A POINT ; THE CE RUNS 00 °43'42 " W, ± 668.7 FEET TO A POINT ; THENCE RUN N 89 °50 '18" E, ± 10 8.2 FEET TO A POINT ; THENCE RUN SOUTH , ±391.8 FEET TO A POINT ; THENCE RUN EAST , ±182 FEET TO A POINT 0 THE WEST RIGHT-OF-WAY LINE OF SOUTH SECTIO STREET ; THENCE R S 00 °43 '31 ", ALO G SAID RIGHT-OF-WAY , ±226 .5 FEET TO THEPOINT OF BEGINNING ; CONTAINING 12 .74 ACRES , MORE OR LESS, LYING IN SECTION 19 , TOWNSHIP 6 SOUTH, RANGE 2 EAST , BALDWIN COUNTY , ALABAMA. SECTIO 2. The City of Fairhope, Alabama, having received an offer from Hope Community to lease that real property described in Section 1, above , it is hereby declared to be in the b est interest of the public and the City of Fairhope, Alabama , to lease said real property Hope Community under the following terms and conditions , to- wit: The leased property to be used only for the purpose of carrying on as a community center, cultural center, teaching farm and kitchen, gardens and walking trails , administrative offices and generally a business that nurtures unity , relationships through food, healing and education, and for no other object or purpose without the written consent of the City of Fairhope, for the term of five (5) years for the minimum year! y rent of $1. 00 payable as specified in lease. Option to renew or extend lease is specified in Article 10 . SECTION 3 . Pursuant to the authority granted by Section 11-47-21 of the Code of Alabama of 1975 , the Mayor of the City of Fairhope, Alabama, is here by directed to execute said lease agreement in the name of the City of Fairhope, Alabama . SECTION 4 . 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 an y 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 . Page 77 of 370 Ordinance No . Page -2- SECTION 5 . This ordinance shall take effect immediately upon its due adoption and publication as required by law . ADOPTED THIS 27TH DAY OF JANUARY, 2025 ATTEST: Lisa A. Hanks, MMC City Clerk Jack Burrell , Council Presi dent ADOPTED THIS 27TH DAY OF JANUARY, 2025 Sherry Sullivan, Mayor Page 78 of 370 LEASE AGREEMENT 1. PARTIES: This Lease Agreement (this “LEASE”) is made and entered to be effective as of _________ __, 2025, by and between the CITY OF FAIRHOPE, an Alabama municipal corporation (“LESSOR”), and HOPE COMMUNITY, an Alabama non-profit corporation (“TENANT”). 2. TERM OF LEASE: This LEASE shall commence on ____________________ ___, 2025, and shall run for an initial term of five (5) years therefrom (the “TERM”). 3. PREMISES: LESSOR hereby leases to TENANT the premises as described and depicted on the attached Exhibit A, containing 12.74 acres, more or less (hereinafter, the “PREMISES”), located at the intersection of Twin Beech and South Section Street, Fairhope, Alabama 36532. 4. RENT: The annual rent shall be One Dollar ($1.00) per year. 5. COVENANTS: a) TENANT agrees to pay said rent in full (Five dollars) for the TERM of this LEASE at the commencement of the TERM. b) TENANT agrees to use and occupy the PREMISES for the purpose of carrying on as a community center, cultural center, teaching farm and kitchen, gardens and walking trails, administrative offices and generally a business that nurtures unity, relationships through food, healing and education, and for no other object or purpose without the written consent of the LESSOR. c) TENANT shall not assign, sublease, underlet, part with the possession of or transfer the Premises or any part thereof or any interest therein or permit or suffer any arrangement or transaction whereby any person, entity or vendor who is not a party to this Lease Agreement obtains the use, possession, occupation or enjoyment of the Premises or any part thereof irrespective of whether any rental or other consideration is given therefor. The Lease Agreement created hereby shall be personal to the entity named in this lease only. d) TENANT shall at all times keep the PREMISES in a reasonably neat, orderly and sanitary condition and shall keep the entryways adjoining the PREMISES reasonably clean and free from rubbish and dirt. TENANT will not make or suffer any waste of the PREMISES or permit anything to be done in or upon the PREMISES creating a nuisance thereon, and TENANT further agrees to permit the LESSOR or its agents at all reasonable times to enter upon the PREMISES for examining or showing the same to prospective customers of LESSOR. [TENANT shall be responsible for the cost of initial landscaping installation. Said initial landscaping plans and installation shall be coordinated with City staff.] The TENANT further covenants and agrees to keep the grounds and exterior area adjoining the PREMISES in a reasonably clean and sanitary condition and shall conduct routine lawn maintenance on the PREMISES and be responsible for landscaping as part of the course of routine maintenance. e) TENANT agrees that the PREMISES shall revert back to the LESSOR if the Tenant violates any term and/or condition of this agreement, declares Bankruptcy, becomes insolvent or otherwise ceases to carry out the purpose of carrying on as a community center, cultural center, teaching farm and kitchen, gardens and walking trails, administrative offices and generally a business that nurtures unity, Page 79 of 370 relationships through food, healing and education. Any reversion determination pursuant to this paragraph shall be at the sole discretion of the Governing Body of the City of Fairhope. If reversion occurs, TENANT shall be refunded its prorated lease payment only. f) TENANT agrees to surrender possession of the PREMISES upon termination of this LEASE (or any extension hereof) in as good condition as when received, reasonable wear and tear excepted. Upon surrender or termination, all attached trade fixtures and other attached furniture, fixtures and equipment shall become the property of the LESSOR. If, during the TERM of this LEASE, or any renewal or extension thereof, the PREMISES shall partially be damaged by fire or other casualty, the same shall be repaired with all proper speed at the expense of the LESSOR unless the LESSOR and TENANT shall mutually agree in writing within sixty (60) days after such damage to terminate this LEASE. However, during the TERM of this LEASE, or any renewal or extension thereof, should the PREMISES be damaged by fire or casualty so that the PREMISES are rendered totally unfit for occupancy and cannot be restored within 120 days, then at the option of either the LESSOR or TENANT, this LEASE may be terminated from the date of such damage by either party giving written notice to the other party of such cancellation within sixty (60) days following such damage; and upon such termination, TENANT shall immediately surrender the PREMISES to LESSOR who may enter and repossess the PREMISES. In the event during the TERM of this LEASE, or any renewal or extension thereof, the PREMISES shall be rendered unfit for occupancy but can be restored within 120 days, then LESSOR, at LESSOR’s expense, shall promptly restore the PREMISES to its former condition (not including TENANT improvements). g) TENANT shall pay all charges and bills for water, gas, electricity, and such other utilities as may be assessed or charged against TENANT during the TERM. h) TENANT shall have the right and privilege to renovate, remodel, construct and build or install in the PREMISES any trade fixture, equipment, and structures as may be determined necessary in TENANT’s sole discretion. All such trade fixtures, equipment, and structures of every kind and nature used in PREMISES supplied and installed at the sole cost and expense of the TENANT shall at all times be and remain the property of the TENANT, and TENANT shall have the right to remove all or any part of the trade fixtures from the PREMISES at any time; provided, however, that TENANT shall repair or reimburse LESSOR for the cost of repairing any damage to the PREMISES resulting from the removal of any such trade fixture. LESSOR shall have no obligation to perform any improvements whatsoever. i) TENANT SPECIFICALLY ACKNOWLEDGES that in the event of a natural disaster, the LESSOR prioritizes repairs and services to City infrastructure and facilities first and no real or perceived delay in repairs to the PREMISES shall be construed as an abandonment of the terms and conditions of this LEASE. 6. HOLD OVER TERM: If the TENANT remains in possession beyond the expiration of this LEASE, or any extension or renewal hereof, and negotiation of rent or demand to quit the PREMISES has been given, such holding over shall be deemed a month-to-month tenancy at the same renewal and terms as were in effect at the time such holding over takes place. 7. CANCELLATION PRIVILEGE: It is expressly understood and agreed by the parties hereto that the TENANT shall have the option to terminate this LEASE at the end of any fiscal year in the event fails to appropriate funding to fully comply with the TENANT’s responsibilities. TENANT may otherwise terminate this LEASE for any reason at the end of any calendar year upon one (1) month’s notice. Page 80 of 370 8. SUBORDINATION: The TENANT’s rights under this LEASE shall remain subordinate to any bona fide mortgage or deed to secure debt which is now or may hereafter be placed upon the PREMISES; provided that the TENANT’s tenancy shall not be disturbed, nor shall the covenants and conditions of this LEASE be invalidated or changed. 9. DEFAULT: If at any time one party shall default in any of its covenants or obligations under this LEASE, the other party shall give written notice of the nature of the default. If the default cannot be cured within a reasonable period, the aggrieved party may cancel this LEASE without further obligation. 10. RENEWAL: This LEASE may be renewed for two additional five (5) year periods, by TENANT’s giving LESSOR at lease ninety (90) days’ written notice prior to the expiration date of the TERM, or any renewal or extension thereof, of its intention to so renew or extend, upon all the same terms and conditions as herein stated, provided that such renewal or extension is mutually agreeable to both LESSOR and TENANT in writing. 11. NOTICES: All rent payments due hereunder shall be made to, and notices required to be given to LESSOR hereunder, shall be sent to LESSOR at LESSOR’s address, and such other address as LESSOR may direct from time to time by written notice to TENANT. All notices required to be given by LESSOR or TENANT hereunder shall be sent to TENANT at TENANT’s address, or to such address as TENANT may direct from time to time by written notice to LESSOR. 12. BENEFIT: This LEASE and all of the covenants and provision herein shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Each provision hereof shall be deemed both a covenant and condition and shall run with the land. 13. INTEGRATION AND WAIVER: This written LEASE contains the entire agreement of the parties hereto with reference to the leasing of said PREMISES, except as may be further amended or modified in writing between the parties. No waiver of any breach of covenant herein contained shall be construed as a waiver of the covenant itself or any subsequent breach thereof. 14. INSURANCE: TENANT will provide for itself, its officers, trustees, employees, and agents general liability insurance for bodily injury, wrongful death or property damage naming the City of Fairhope as an also insured and shall also provide insurance to cover contents and fixtures. A letter of verification of said insurance will be provided setting forth the limits of liability and designation of policy years. It is further agreed and understood by the parties that the TENANT is not herein and will not provide any type of insurance for the protection of the building from fire or casualty. Further it is understood by the parties and agreed to that the insurance on the building included in the PREMISES is the sole responsibility of the CITY OF FAIRHOPE, and the TENANT by entering into this LEASE assumes no responsibility for insuring the protection of said building. At all times after the execution of this LEASE, the LESSOR through its own expense will maintain insurance against loss or damage to said building, which coverage will be based on the value of said building only. 15. LESSOR and TENANT agree the parking lot, contiguous sidewalks, sidewalks and contiguous surface drives are to be considered part of the leased premises for non-exclusive use by TENANT during TENANT’S normal operating business hours. The Lessor assumes no responsibility for and makes no representations regarding the condition of said areas and Tenant takes all of the leased, described or Page 81 of 370 devised areas enumerated herein as is and where is. LESSOR reserves the right to limit or restrict parking lot access during certain limited special events. 16. BUILDING MAINTENANCE: LESSOR and TENANT agree TENANT shall be responsible for all maintenance, repair and replacement of all mechanical, electrical, roofing and plumbing systems associated with the PREMISES throughout the TERM. TENANT agrees to take the building and premises as is where is and LESSOR makes no warranties or guarantees as to the safety, functionality or suitability of any mechanical, electrical, plumbing or other building system including roofing, HVAC, electrical, plumbing, etc. After turnover, LESSOR shall not be required to repair or replace any mechanical, electrical or plumbing system damage. LESSOR may at its discretion repair damage caused by negligent or willful acts of the TENANT, its agents, employees, or invitees and charge back TENANT for said repair or replacement. 17. LANDLORD/TENANT GENERAL RESPONSIBILITIES: (N/A). 18. TENANT is required to obtain all permits for code compliant repair, construction or improvement on the PREMISES with the understanding that certain fees may be waived at the sole discretion of the City of Fairhope. 19. RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT: TENANT does hereby completely and fully release, remise, acquit, and discharge forever LESSOR, and its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, suits, costs, personal injury, wrongful death, damages, expenses, compensation, and liability of every kind, character, and description, either direct or consequential, at law or in equity, of whatever kind or nature, including, but not limited to, claims in contract, tort or equity that have arisen or may arise, directly or indirectly, in connection with the TENANT’s use of the PREMISES including but not limited to the building, sidewalks, adjacent parking areas, drives and to the unleased portions of the building and its exterior including exterior grounds, sidewalks, parking, etc. To the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR’s loss or expense, including reasonable attorney fees for claims for personal injury, wrongful death, property damage, loss, damage, or injury of any kind or character to any person or property arising from the use of the PREMISES by the TENANT, its members, agents, employees, or invitees or their respective use of the unleased areas and exterior grounds, sidewalks, parking, etc. Additionally, to the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR’s loss or expense, including reasonable attorney fees, against all claims caused by or arising from any act or omission of the LESSOR, its agents, servants and/or employees. 20. GOVERNING LAW: This LEASE shall be governed by and interpreted under the laws of the State of Alabama. [Signatures on Following Page] Page 82 of 370 [Signature Page for Lease Agreement between CITY OF FAIRHOPE and HOPE COMMUNITY] IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed on the date first above written. LESSOR: CITY OF FAIRHOPE, an Alabama Municipal Corporation Sherry Sullivan, Mayor ATTEST: Lisa A. Hanks, MMC, City Clerk TENANT: HOPE COMMUNITY, an Alabama non-profit corporation Name: Its: Page 83 of 370 19 20N 00°35'02" W - ± 1292.4'EAST - ±358.8'S 00°43'42" W - ± 668.7'N 89°50'18" E - ±108.2'S 00°43'31" W - ± 618.9'POC SOUTHEAST CORNER SECTION 19, TOWNSHIP 6 SOUTH, RANGE 2 EAST POB (LEASE) EAST ±182'S 00°43'31" W - ± 226.5' CITY PARCEL 1.66 ACRES School Building Asphalt Parking Chain Link Fence N NORTH ±29.7' WEST ±39.5' PARENT PARCEL (TOTAL) 14.4 ACRES LEASE PARCEL 12.74 ACRES SOUTH ±391.8' TWIN BEECH ROAD (CR44)SOUTH SECTION STREETS 89°28'49" W - ±624.5' LEGAL DESCRIPTION: FROM THE POINT OF COMMENCEMENT AT THE SOUTHEAST CORNER SECTION 19, TOWNSHIP 6 SOUTH, RANGE 2 EAST; RUN NORTH, ALONG THE CENTERLINE OF SOUTH SECTION STREET, ± 29.7 FEET TO A POINT; THENCE RUN WEST, ± 39.5 FEET TO THE POINT OF BEGINNING (POB); THENCE RUN S 89°28'49" W, ALONG THE NORTH RIGHT-OF-WAY LINE OF TWIN BEECH ROAD (CR44), ± 624.5 FEET TO A POINT; THENCE RUN N 00°35'02" W, LEAVING SAID RIGHT-OF-WAY, ± 1292.4 FEET TO A POINT; THENCE RUN EAST, ± 358.8 FEET TO A POINT; THENCE RUN S 00°43'42” W, ± 668.7 FEET TO A POINT; THENCE RUN N 89°50'18” E, ± 108.2 FEET TO A POINT; THENCE RUN SOUTH, ±391.8 FEET TO A POINT; THENCE RUN EAST, ±182 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH SECTION STREET; THENCE RUN S 00°43'31”, ALONG SAID RIGHT-OF-WAY, ±226.5 FEET TO THEPOINT OF BEGINNING; CONTAINING 12.74 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. EXHIBIT A Page 84 of 370 Page 85 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1244 FROM:Jack Burrell, Council Member SUBJECT:Establish the Salary for the Mayor and Councilmembers; City of Fairhope Code of Ordinance (Section 2-21). AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council adopts Ordinance to Establish the Salary for the Mayor and Councilmembers; City of Fairhope Code of Ordinance (Section 2-21). BACKGROUND INFORMATION: The council may, by ordinance adopted at least six months prior to the election, establish the salary for the members of the council for the next term. If the council fails to take action within the time allowed or takes no action at all, the officers of the succeeding administration receive the same salaries paid the mayor and council of the last term. AGO to Hon. R. E. Pate, October 29, 1964. Section 11-43-80, Code of Alabama 1975, stipulates that the mayor shall receive a salary, payable in equal monthly installments, as the council prescribes. That salary must be fixed by the council not less than six months prior to each general municipal election. Such an ordinance is of permanent operation and is subject to the voting requirements for ordinances of this type. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 86 of 370 ORDINANCE NO. AN ORDINANCE TO ESTABLISH THE SALARY FOR THE MAYOR AND COUNCILMEMBERS; CITY OF FAIRHOPE CODE OF ORDINANCES (SECTION 2-21) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA FOLLOWS: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Attest: That the salary of the Mayor of the City of Fairhope, Alabama shall be and the same is hereby fixed at the amount of Ninety Thousand dollars ($90,000.00) payable on the same pay cycle as City employees out of the City Treasury. That each Councilmember shall be compensated at the sum of Fourteen Thousand Four Hundred dollars ($14,400.00) payable in equal monthly installments out of the City Treasury. That the City of Fairhope Council President shall be compensated at the sum of Fifteen Thousand Six Hundred dollars ($15,600.00) payable in equal monthly installments out of the City Treasury. That each Councilmember shall be paid a $50.00 per month cell phone stipend. The Mayor and members of the City Council will have the option of participating in the City of Fairhope's Group Health Insurance Plan: Option I with no monthly payment. That the City Council hereby repeals and replaces Ordinance No. 1659; and all ordinances and parts of ordinances in conflict with this Ordinance. This ordinance shall become effective on the first Monday in November 2025; and shall continue in force and effect until repealed by action of the council. 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. ADOPTED AND APPROVED THIS 27TH DAY OF JANUARY, 2025 Jack Burrell, Council President Lisa A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 27TH DAY OF JANUARY, 2025 Sherry Sullivan, Mayor Page 87 of 370 ORDINANCE NO. 1659 AN ORDINANCE TO ESTABLISH MONTHLY SALARY FOR THE MAYOR AND COUNCILMEMBERS; CITY OF FAIRHOPE CODE OF ORDINANCES (SECTION 2-21) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA FOLLOWS: Section 1. That the salary of the Mayor of the City of Fairhope, Alabama shall be and the same is hereby fixed at the amount of Eighty-Five Thousand dollars ($85,000.00) payable in equal monthly installments out of the City Treasury. Section 2. That each Councilmember shall be compensated at the sum of Twelve Thousand dollars ($12,000.00) payable in equal monthly installments out of the City Treasuiy. Section 3. That the City of Fairhope Council President shall be compensated at the sum of Thirteen Thousand Two Hundred dollars ($13,200.00) payable in equal monthly installments out of the City Treasury. Section 4. The Mayor and members of the City Council will have the option of participating in the City of Fairhope's Group Health Insurance Plan: Option I with no monthly payment. Section 5. That the City Council hereby repeals and replaces Ordinance No. 1570: and all ordinances and parts of ordinances in conflict with this Ordinance. Section 6. This ordinance shall become effective on the first Monday in November 2020; and shall continue in force and effect until repealed by action of the council. Section 7. 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 afTect 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. *5^ ADOPTED AND APPROVED THIS 9IH DAY OF SEPTEMBER. 2019 Jack Burrell.<^^ncil President Attest: Kimberly City Treasurer Page 88 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1246 FROM:Sherry Sullivan, Mayor Jack Burrell, Council Member SUBJECT:Declare that certain real property of the City of Fairhope (approximately 16,300 square feet of floor space on the main floor thereof, but excluding approximately 3,500 square feet of basement located at 106 S. Church Street) for Baldwin County Community and Economic Development Foundation, Inc. (outlined in Exhibit A attached to lease) is not needed for public or municipal purposes in response to an offer to lease property for a term of fifteen years for the minimum yearly rent of $1.00 payable as specified in lease. Option to renew or extend lease is specified in Article 10. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council adopts Ordinance to declare that certain real property of the City of Fairhope (approximately 16,300 square feet of floor space on the main floor thereof, but excluding approximately 3,500 square feet of basement located at 106 S. Church Street) for Baldwin County Community and Economic Development Foundation, Inc. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 89 of 370 ORDINANCE 0. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , AS FOLLOWS: SECTION 1. It is hereb y established and d eclared that the following described real property of the City of Fairhope, Alabama, is not ne eded for public or municipal purposes during the term of this lease, to-wit: Approximately 16,300 square feet of floor space on the main floor thereof, but excluding approximately 3,500 square feet of basement located at 106 S. Church Street, Fairhope, Alabama 36532. FROM THE POINT OF CO MMENC EMENT AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SAINT JAMES A VENUE AND SOUTH CHURCH STREET; RUN N 00 °09'15" W, ALONG THE WEST RIGHT-OF-W AY LINE OF SOUTH CHURCH STREET,± 205.2 FEET TO A POINT, THENCE RUN WEST , LEA YING SAID RIGHT-OF-WAY, ± 44.6 FEET TO THE POINT OF BEGINNING (POB); THENCE RUN WEST, ±168.0 FEET TO A POINT; THENCE RUN SOUTH, ± 50.0 FEET TO A POINT ; THENCE RUN EA ST , ± 11 6.0 FEET TO A POINT ; THENCE RUN SOUTH , ± 66.0 FEET TO A POINT ; THENCE RUN WEST, ± 116.0 FEET TO A POINT ; THENCE RUN SOUTH , ± 70.0 FEET TO A POINT ; THENCE RUN EAST, ± 104.0 FEET TO A POINT ; THENCE RUN NORTH, ± 20.00 FEET TO A POINT ; THENCE RUN EAST, ± 64.0 FEET TO A POINT; THENCE RUN NORTH, ± 166 .0 FEET TO THE POINT OF BEGINNING ; CONTAINING 0.51 ACRES, MORE OR LESS, LYING IN GRANT SECTION 37 , TOWNSHIP 6 SOUTH , RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. SECTION 2. The City of Fairhope, Alabama, having received an offer from Baldwin County Community and Economic Development Foundation, Inc. to lease that real property described in Section 1, above, it is hereby declared to be in the best interest of the public and the City of Fairhope, Alabama, to lease said real property Baldwin County Community and Economic Development Foundation, Inc . under the following terms and conditions, to-wit: The leased property to be used only for the purpo se of carrying on as a Bu siness Incubator Hub operated by Baldwin County Community and Eco nomic De ve lopment Foundation, Inc. or other associated purpose s only, and for no other or purpose without written consent of the City of Fairhope, for the term of fifteen (15) years for the minimum yearly rent of $1.0 0 payabl e as specified in lease. Option to renew or extend le ase is spec ified in Article 10 . SECTION 3. Pursuant to the authority granted by Section 11-47-21 of the Code of Alabama of 1975, the Mayor of the City of Fairhope, Alabama, is hereby directed to execute said lease agreement in the name of the City of Fairhope, Alabama. SECTION 4 . The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or sec tion 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. Page 90 of 370 Ordinance No . Page -2- SECTION 5 . This ordinanc e shall take effect immediately upon its due adoption and publication as required by law . ADOPTED THIS 27TH DAY OF JANUARY , 2025 ATTEST: Lisa A. Hanks , MMC City Clerk Jack Burrell , Council Pre sident ADOPTED THIS 27TH DAY OF JANUARY , 2025 Sherry Sullivan, Mayor Page 91 of 370 LEASE AGREEMENT 1. PARTIES: This Lease Agreement (this “LEASE”) is made and entered to be effective as of _________ __, 20__, by and between the CITY OF FAIRHOPE, an Alabama municipal corporation (“LESSOR”), and BALDWIN COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT FOUNDATION, INC., an Alabama non- profit corporation (“TENANT”). 2. TERM OF LEASE: This LEASE shall commence on ____________________ ___, 20___, and shall run for an initial term of fifteen (15) years therefrom (the “TERM”). 3. PREMISES: LESSOR hereby leases to TENANT the premises as described and depicted on the attached Exhibit A, containing approximately 16,300 square feet of floor space on the main floor thereof, but excluding approximately 3,500 square feet of basement (hereinafter, the “PREMISES”), located at 106 S. Church Street, Fairhope, Alabama 36532. 4. RENT: The annual rent shall be One Dollar ($1.00) per year. 5. COVENANTS: a) TENANT agrees to pay said rent in full (Fifteen dollars) for the TERM of this LEASE at the commencement of the TERM. b) TENANT agrees to use and occupy the PREMISES for the purpose of carrying on as a Business Incubator and Innovation Hub operated by the Baldwin County Community and Economic Development Foundation or other associated purposes only, and for no other object or purpose without the written consent of the LESSOR, which consent shall not be unreasonably withheld, and to comply with all applicable laws, rules and regulations. c) TENANT agrees it shall not at any time assign this LEASE, or any portion thereof, without the written consent of the LESSOR. Notwithstanding the foregoing, nothing in this LEASE shall be deemed to prevent TENANT from charging fees to third parties for use of the PREMISES in accordance with the authorized purposes hereof. d) TENANT shall at all times keep the PREMISES in a reasonably neat, orderly and sanitary condition and shall keep the entryways adjoining the PREMISES reasonably clean and free from rubbish and dirt. TENANT will not make or suffer any waste of the PREMISES or permit anything to be done in or upon the PREMISES creating a nuisance thereon, and TENANT further agrees to permit the LESSOR or its agents at all reasonable times to enter upon the PREMISES for making repairs or for examining or showing the same to prospective customers of LESSOR. The TENANT further covenants and agrees to keep the grounds and exterior area adjoining the PREMISES in a reasonably clean and sanitary condition. e) TENANT agrees to permit LESSOR to place on the PREMISES reasonable “For Rent” or “For Sale” notices and not to interfere with same. f) TENANT agrees to surrender possession of the PREMISES upon termination of this LEASE (or any extension hereof) in as good condition as when received, reasonable wear and tear excepted. Upon surrender or termination, all attached trade fixtures and other attached furniture, fixtures and equipment shall become the property of the LESSOR. If, during the TERM of this LEASE, or any renewal or extension Page 92 of 370 2 thereof, the PREMISES shall partially be damaged by fire or other casualty, the same shall be repaired with all proper speed at the expense of the LESSOR unless the LESSOR and TENANT shall mutually agree in writing within sixty (60) days after such damage to terminate this LEASE. However, during the TERM of this LEASE, or any renewal or extension thereof, should the PREMISES be damaged by fire or casualty so that the PREMISES are rendered totally unfit for occupancy and cannot be restored within 120 days, then at the option of either the LESSOR or TENANT, this LEASE may be terminated from the date of such damage by either party giving written notice to the other party of such cancellation within sixty (60) days following such damage; and upon such termination, TENANT shall immediately surrender the PREMISES to LESSOR who may enter and repossess the PREMISES. In the event during the TERM of this LEASE, or any renewal or extension thereof, the PREMISES shall be rendered unfit for occupancy but can be restored within 120 days, then LESSOR, at LESSOR’s expense, shall promptly restore the PREMISES to its former condition (not including TENANT improvements). g) TENANT shall pay all charges and bills for water, gas, electricity, and such other utilities as may be assessed or charged against TENANT during the TERM. h) TENANT shall have the right and privilege to construct and build or install in the PREMISES any trade fixture, equipment, and structures as may be determined necessary in TENANT’s sole discretion. All such trade fixtures, equipment, and structures of every kind and nature used in PREMISES supplied and installed at the sole cost and expense of the TENANT shall at all times be and remain the property of the TENANT, and TENANT shall have the right to remove all or any part of the trade fixtures from the PREMISES at any time; provided, however, that TENANT shall repair or reimburse LESSOR for the cost of repairing any damage to the PREMISES resulting from the removal of any such trade fixture. LESSOR shall have no obligation to perform any improvements whatsoever. i) TENANT SPECIFICALLY ACKNOWLEDGES that in the event of a natural disaster, the LESSOR prioritizes repairs and services to City infrastructure and facilities first and no real or perceived delay in repairs to the PREMISES shall be construed as an abandonment of the terms and conditions of this LEASE. 6. HOLD OVER TERM: If the TENANT remains in possession beyond the expiration of this LEASE, or any extension or renewal hereof, and negotiation of rent or demand to quit the PREMISES has been given, such holding over shall be deemed a month-to-month tenancy at the same renewal and terms as were in effect at the time such holding over takes place. 7. CANCELLATION PRIVILEGE: It is expressly understood and agreed by the parties hereto that the TENANT shall have the option to terminate this LEASE at the end of any fiscal year in the event fails to appropriate funding to fully comply with the TENANT’s responsibilities set forth in Section 16 of this LEASE. TENANT may otherwise terminate this LEASE for any reason at the end of any calendar year upon one (1) month’s notice. 8. SUBORDINATION: The TENANT’s rights under this LEASE shall remain subordinate to any bona fide mortgage or deed to secure debt which is now or may hereafter be placed upon the PREMISES; provided that the TENANT’s tenancy shall not be disturbed, nor shall the covenants and conditions of this LEASE be invalidated or changed. Page 93 of 370 3 9. DEFAULT: If at any time one party shall default in any of its covenants or obligations under this LEASE, the other party shall give written notice of the nature of the default. If the default cannot be cured within a reasonable period, the aggrieved party may cancel this LEASE without further obligation. 10. RENEWAL: This LEASE may be renewed for additional one (1) year periods, by TENANT’s giving LESSOR at lease ninety (90) days’ written notice prior to the expiration date of the TERM, or any renewal or extension thereof, of its intention to so renew or extend, upon all the same terms and conditions as herein stated, provided that such renewal or extension is mutually agreeable to both LESSOR and TENANT in writing. 11. NOTICES: All rent payments due hereunder shall be made to, and notices required to be given to LESSOR hereunder, shall be sent to LESSOR at LESSOR’s address, and such other address as LESSOR may direct from time to time by written notice to TENANT. All notices required to be given by LESSOR or TENANT hereunder shall be sent to TENANT at TENANT’s address, or to such address as TENANT may direct from time to time by written notice to LESSOR. 12. BENEFIT: This LEASE and all of the covenants and provision herein shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Each provision hereof shall be deemed both a covenant and condition and shall run with the land. 13. INTEGRATION AND WAIVER: This written LEASE contains the entire agreement of the parties hereto with reference to the leasing of said PREMISES, except as may be further amended or modified in writing between the parties. No waiver of any breach of covenant herein contained shall be construed as a waiver of the covenant itself or any subsequent breach thereof. 14. INSURANCE: TENANT will provide for itself, its officers, trustees, employees, and agents general liability insurance for bodily injury or property damage; provided, however, that such acts are within the scope and limit of the insurance coverage of the TENANT, and only to the extent of such scope and limit. It is agreed by the parties that such insurance does not provide general liability coverage to LESSOR. TENANT shall also provide insurance to cover contents and fixtures. A letter of verification of said insurance will be provided setting forth the limits of liability and designation of policy years. It is further agreed and understood by the parties that the TENANT is not herein and will not provide any type of insurance for the protection of the building from fire or casualty. Further it is understood by the parties and agreed to that the insurance on the building included in the PREMISES is the sole responsibility of the CITY OF FAIRHOPE, and the TENANT by entering into this LEASE assumes no responsibility for insuring the protection of said building. At all times after the execution of this LEASE, the LESSOR through its own expense will maintain insurance against loss or damage to said building, which coverage will be based on the value of said building. The LESSOR will also maintain liability coverage for events arising out of occurrences related to said building or grounds which are not due to the negligence or willful or wanton misconduct of the TENANT or its invitees. 15. BUILDING MAINTENANCE: LESSOR shall have fourteen (14) days from the execution of this agreement to inspect the current condition of all mechanical, electrical and plumbing systems associated with the PREMISES. Once LESSOR is satisfied, in its sole discretion, that the systems have been presented and are in well maintained and working order, LESSOR and TENANT agree LESSOR shall then be responsible for the routine maintenance and repair of all future mechanical, electrical, and plumbing systems associated with the PREMISES throughout the TERM. After satisfactory inspection and turnover, LESSOR shall not be Page 94 of 370 4 required to repair or replace any mechanical, electrical or plumbing system damage caused by negligent or willful acts of the TENANT, its agents, employees or invitees. LESSOR may repair damage caused by negligent or willful acts of the TENANT, its agents, employees, students or invitees and charge back TENANT for said repair or replacement. 16. LANDLORD/TENANT GENERAL RESPONSIBILITIES: See Exhibit B attached hereto. 17. TENANT is required to obtain all permits for construction or improvement on the PREMISES with the understanding that fees may be waived at the discretion of the City of Fairhope. 18. RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT: TENANT does hereby completely and fully release, remise, acquit, and discharge forever LESSOR, and its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, suits, costs, personal injury, wrongful death, damages, expenses, compensation, and liability of every kind, character, and description, either direct or consequential, at law or in equity, of whatever kind or nature, including, but not limited to, claims in contract, tort or equity that have arisen or may arise, directly or indirectly, in connection with the TENANT’s use of the PREMISES including but not limited to the building, sidewalks, adjacent parking areas, drives and to the unleased portions of the building and its exterior including exterior grounds, sidewalks, parking, etc. To the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR’s loss or expense, including reasonable attorney fees for claims for personal injury, wrongful death, property damage, loss, damage, or injury of any kind or character to any person or property arising from the use of the PREMISES by the TENANT, its members, agents, employees, students, or invitees or their respective use of the unleased areas and exterior grounds, sidewalks, parking, etc. Additionally, to the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR’s loss or expense, including reasonable attorney fees, against all claims caused by or arising from any act or omission of the LESSOR, its agents, servants and/or employees. 19. GOVERNING LAW: This LEASE shall be governed by and interpreted under the laws of the State of Alabama. [Signatures on Following Page] Page 95 of 370 5 [Signature Page for Lease Agreement between City of Fairhope and Baldwin County Community and Economic Development Foundation, Inc.] IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed on the date first above written. LESSOR: CITY OF FAIRHOPE, an Alabama municipal corporation Sherry Sullivan, Mayor ATTEST: Lisa A. Hanks, MMC, City Clerk TENANT: Baldwin County Community and Economic Development Foundation, Inc., an Alabama non-profit corporation Name: Its: Page 96 of 370 N N 89°51'07" W - ±160.0' SOUTH - ±109.0' WEST - ±249.1'S 02°10'47" W - ±114.1'EAST - ±160.1' NORTH - ±30.0' EAST - ±93.3'NORTH - ±49.0' EAST - ±160.0'N 00°09'15" W - ± 205.2'FAIRHOPE EDUCATIONAL ENRICHMENT FOUNDATION (FEEF) LEASE AREA - 1.12 ac POC SOUTHWEST CORNER OF THE INTERSECTION OF SAINT JAMES AVENUE AND SOUTH CHURCH STREET WEST - ±168.0' SOUTH - ±50.0' SOUTH - ±70.0' EAST - ±104.0' POB (BCEDA)NORTH - ±166'BCEDA/HATCH SITE DESCRIPTION - 0.51 ac BCEDA LEASE - Hatch Fairhope / K-1 Center Repurpose Site Description FROM THE POINT OF COMMENCEMENT AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SAINT JAMES AVENUE AND SOUTH CHURCH STREET; RUN N 00°09'15" W, ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTH CHURCH STREET, ± 205.2 FEET TO A POINT, THENCE RUN WEST, LEAVING SAID RIGHT-OF-WAY, ± 44.6 FEET TO THE POINT OF BEGINNING (POB); THENCE RUN WEST, ±168.0 FEET TO A POINT; THENCE RUN SOUTH, ± 50.0 FEET TO A POINT; THENCE RUN EAST, ± 116.0 FEET TO A POINT; THENCE RUN SOUTH, ± 66.0 FEET TO A POINT; THENCE RUN WEST, ± 116.0 FEET TO A POINT; THENCE RUN SOUTH, ± 70.0 FEET TO A POINT; THENCE RUN EAST, ± 104.0 FEET TO A POINT; THENCE RUN NORTH, ± 20.00 FEET TO A POINT; THENCE RUN EAST, ± 64.0 FEET TO A POINT; THENCE RUN NORTH, ± 166.0 FEET TO THE POINT OF BEGINNING; CONTAINING 0.51 ACRES, MORE OR LESS, LYING IN GRANT SECTION 37, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. EAST - ±116.0' SOUTH - ±66.0' WEST - ±116.0' NORTH - ±20.0' EAST - ±64.0' WEST - ±44.6' Page 97 of 370 Exhibit B to Lease Agreement EXHIBIT B LANDLORD-TENANT GENERAL RESPONSIBILITIES LESSOR RESPONSIBILITIES PURSUANT TO THE LEASE 1. General routine inspection, repair and maintenance of roof system and building envelope 2. Annual inspection, repair and maintenance HVAC systems 3. Annual inspection, repair and maintenance major plumbing systems 4. Annual inspection, repair and maintenance major electrical systems 5. Annual inspection, repair and maintenance fire alarm/suppression systems 6. Utility cost and maintenance of detached exterior lighting (metered separate) 7. Campus (including PREMISES) sanitation services provided at pickup point 8. Maintaining umbrella insurance on the PREMISES TENANT RESPONSIBILITIES PURSUANT TO THE LEASE 1. All custodial care (including cleaning and consumable supplies) 2. Building security – active and passive 3. Establishment and payment of utility bills (separately metered) 4. Establishment and payment of telecommunication and internet utility bills 5. Contents and general liability insurance (with City as additional insured) 6. Routine interior maintenance and repair (including but not limited to:) a. Tile/Carpet/Floor Cleaning, Polishing and Sealing b. Changing/servicing of light bulb/fixtures c. Changing/servicing of air filters d. Window washing e. Paint Touchup and scheduled repainting f. Patching of walls due to damage or placement/removal of fixtures g. Clogged Toilets and repair of localized plumbing issues. h. Repair and Maintenance of Tenant Specific Electrical Systems i. Repair and Maintenance of Tenant Specific Telecom/IT Systems j. Repair and Maintenance of Tenant Specific Security Systems k. Repair and Maintenance of Tenant Specific Audiovisual Systems l. Repair and Maintenance of Tenant Specific furniture, fixtures and equipment. Page 98 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1254 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: 2018 International Code Council International Building Code - Permitting Requirements for boat lifts on City Property. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council adopts Ordinance amending Ord. No. 1639 - 2018 International Code Council International Building Code - Permitting Requirements for boat lifts on City Property. 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 99 of 370 ORDINANCE NO. 1639 AN ORDINANCE TO PROMOTE THE SAFETY, HEALTH AND WELFARE OF RESIDENTS OF THE CITY OF FAIRHOPE, ALABAMA BY ADOPTING NEW BUILDING, MECHANICAL, PLUMBING, FUEL AND GAS, FIRE AND ELECTRIC CODES Be it ordained by the City Council (the “Council”) of the City of Fairhope, Alabama (the “City”) as follows: Section 1. Findings. Having made due and proper investigation of the matters hereinafter referred to, the Council has ascertained and does hereby find and declare that the following facts are true and correct: (a) On January 14, 2019, the City Council adopted that certain Resolution No. 3284-19 setting a public hearing to consider the adoption of the Proposed Codes (as defined in Resolution No. 3284-19 and hereinafter reiterated) during a regular meeting of the City Council on February 25, 2019; (b) On or before January 21, 2019, no less than three (3) copies of the Proposed Codes were placed on file with the City Clerk’s office to permit use and examination of same by the public; (c) Resolution No. 3284-19 was published in the Fairhope Courier once a week for two (2) successive weeks, on Wednesday, January 30, 2019 and again on Wednesday, February 6, 2019; and (d) The specific codes that the City is considering for adoption are as fol lows (the “Proposed Codes”): (1) 2018 International Code Council International Residential Code (IRC) (2) 2018 International Code Council International Building Code (IBC) (3) 2018 International Code Council International Mechanical Code (IMC) (4) 2018 International Code Council International Plumbing Code (IPC) (5) 2018 International Code Council International Fuel and Gas Code (IFGC) (6) 2018 International Code Council International Fire Code (IFC) (7) 2018 International Code Council International Existing Building Code (IEBC) (8) 2018 International Code Council International Energy Conservation Code (IECC) (for other than one and two family dwellings) (9) 2018 International Code Council International Swimming Pool and Spa Code (ISPSC) (10) 2017 National Fire Protection Association 70, National Electric Code (NEC) Page 100 of 370 Ordinance No. 1639 Page –2- (11) City of Fairhope Construction Code Supplement with all additions, deletions and amendments for all adopted codes and City specific requirements (12) All applicable codes and standards as referenced in the International Code Series above; (13) Alabama Energy and Residential Code as published and updated by the Alabama Department of Economic and Community Affairs (ADECA) (for one and two family dwellings) (14) Public Rights of Way Accessibility Guidelines (PROWAG) (e) A public hearing was duly held at a regular meeting of the City Council held on February 25, 2019, at which the public was given the opportunity to speak with respect to the adoption of the Proposed Codes. (f) The adoption of the Proposed Codes by the City is necessary and appropriate for the protection and preservation of the health, welfare and safety of the City. Section 2. Amendment. The Proposed Codes are hereby adopted by the City Council by reference as permitted by § 11-45-8(c) of the Alabama Code (1975). The existing codes of the City that pertain to the subject matter of the Proposed Codes are hereby deleted and replaced with the Proposed Codes. Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining po rtions hereof. Section 4. Effective Date. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. Approved and adopted by the City Council at a regular meeting thereof on the 7th day of March, 2019. _______________________________ Karin Wilson, Mayor ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk Page 101 of 370 ORDINANCE 0. AN ORDIN ANCE AME ND! G ORDINAN CE N O. 163 9: SPEC IFI CALLY, CIT Y OFF AI RHOPE CO ST RUCTI ON COD E SUPPLEMENT BE IT ORD AINE D BY THE GOVE RN ING BOD Y OF THE CITY OF FAIRHOP E, ALABAMA, as follows: Section 1. The City of Fairhope Construction Code Supplement is hereby amended to add "City of Fairhope, Alabama Permitting Requirements for boat lifts on City Property" to Se ction 20 (A pp endix 4 : Rese rve d for Futur e int erpr etation and polic y statements) P e rmitting require ments for boat lifts on C ity property Permit submittal s: • All permits to be submitted online through the Citizenserve permitting portal; Building and Permitting I City of Fairhope, AL • For the Fairhope Docks, use the parcel number of 05-46-03-08-0-002-030.00 2 in lieu of the address for the site when entering the building permit application • The name of the marine contractor (for setting new pilings), and the electrician for verification of required State and local licensing • A signed contract or proposal from the contractor to verify project cost for permit valuation R equir ed submittal docum ent for bo at lift s : • the manufacturer and model of boat lift to be installed, and the manufacturers installation specifications ; • An Elevation Certificate verifying the lift motor will be installed at least 1 ' above the Base Flood elevation (BFE) as defined by the National Flood Insurance Rate Maps (FIRMs); • A copy of any required permits from the US Army Corps of Engineers, DCNR/ Alabama State Lands , or the Alabama Dept of Environmental Management. Boat L ift Con struction Standard s: • All work will comply with the applicable city codes (National Electric Code Article 555 , International Fire Code Chapter 36 , NFPA 303, and requirements of this document) • Al l pi lings are to b e marine quali ty, rated CCA 2.5 or above and at least 8" diameter x 30 ' in length or to a minimum of 10 ' set below the mud line • All lifts are to be constructed of aluminum (beams , cradles , and bunks). • All electrical wiring below th e water lin e must be completely encased in PVC conduit and fastened with only stainless-steel fasteners. • Only GFCI protected electrical outlets with weatherproof covers are approved as additional plugs in the marina. • Al l lifts are to be connected to the pedestal system via 30amp or 50amp male plugs with stranded jacketed wire. 0 direct wi ring or internal access to pedes tal s allo wed . • All (lift) cables are to be stainless steel. • Aluminum beams are to be dielectrically shielded from the pilings . Page 102 of 370 Ordinance No. Page -2- • Lift Motors to be installed above the Base Flood Elevation (BFE) as listed on the National Flood Insurance Rate Maps (FIRMs) • The keel of the boat must rest at least 3' above Mean High Tide when in the raised position Balance of the City of Fairhope Construction Code Supplement remains as written and adopted. Severability. The sectio ns , paragraphs, se ntence s, clauses and phrases of this ordinance are severable, and if any phrase , clau se, 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 sec tion s, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase , clause, se ntence, paragraph or section. Effective Date . This ordinance shall take effect upon its due adoption and publication as required by law . APPROVED AND ADOPTED THIS 27TH DAY OF JANUARY , 2025 ATTEST: Lisa A. Hanks , MMC City Clerk Jack Burrell , Council President APPROVED AND ADOPTED THIS 27TH DAY OF JANUARY , 2025 Sherry Sullivan, Mayor Page 103 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1224 FROM:Hunter Simmons SUBJECT:Site Plan Review and Approval - Request of the Applicant, Erik Haeffs, on behalf of the Owner, FST and Encounter Development LLC, for Site Plan Approval of Waffle House, Encounter Subdivision – Lot 10. The property is approximately 1.05 acres and is located on the northeast corner of State Highway 181 and State Highway 104. PPIN #: 627500. (Planning Commission unanimously recommends approval of SR 25.01). AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: City Council Approval BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 104 of 370 Planning Commission (7 Ayes) voted to recommend approval of SR 25.01 Page 105 of 370 Page 106 of 370 1 SR 25.01 Waffle House at Encounter Commercial/Retail Development (Lot 10) - January 27, 2025 Summary of Request: Request of Applicant, Waffle House, Inc., for Site Plan Approval of new Waffle House location on Lot 10 of the Encounter Commercial Retail Center on the northeast corner of Alabama Highways 104 and 181 intersections. Erik Haeffs is the authorized agent. The Contineo Group is the engineer for the project. The subject property is a little more than an acre (1.1) and is zoned B-2. The proposed building is 1,913sf. Setbacks: Setbacks for this development vary. B-2 requires only a 20ft front setback according to Table 3-2. Lot 10 fronts AL Hwy 104, which has a 100ft highway construction setback. The other setbacks are 25ft rear and 20ft side setbacks. Building: The building itself faces Hidden Glen. Building height is approximately 16ft. The building takes up 4.2% of Lot 10. Proposed use is national chain restaurant. All elevations are included in the packet. Materials for the building are brick with a metal awning. Sidewalks: This Site Plan includes a proposed interior sidewalk and proposed ADA path in the parking lot. There will be sidewalks along Hidden Glen and Encounter Drive. The Pedestrian Circulation Plan can be found on Sheet C2.1 in the Complete Plans. ADA Requirements: Other ADA requirements have been met. Page 107 of 370 2 SR 25.01 Waffle House at Encounter Commercial/Retail Development (Lot 10) - January 27, 2025 Mechanical equipment: Mechanical equipment has been finalized and all appear on the Site Plan. Location and size of all signage: A sign plan was submitted separately and has been approved. Site Plan Page 108 of 370 3 SR 25.01 Waffle House at Encounter Commercial/Retail Development (Lot 10) - January 27, 2025 Storm water: Drainage has been accounted for the entire Encounter Commercial Retail Center in SD 24.13; thus, there are not retention/detention facilities on individual lots. There is a large retention pond within Lot 12 of the Encounter development where most of the drainage is directed. Landscaping Plan: An updated landscape plan was submitted per concerns about height of shrubs at time of planting and the shrub species was replaced with Maki Podocarpus. Plans include the relocation of a live oak tree that was planted by the developer as part of the Encounter development. There is concern regarding the survival of the transplanted tree amongst a working commercial development. It shall be a condition of approval that at the final inspection the City Horticulturist assess the health of the transplanted tree. If the tree is determined to be in poor health, then Applicant shall replace the tree with a healthy version of the same variety and size. Figure 1: Landscape Plan detail of relocation of tree. Parking: The plan has surplus parking with 24 spaces. Twenty (20) spaces are required per Table 4-3 Parking Schedule. Twenty percent (20% ) overage is allowed and shall be pervious. Fifteen (15) of the 24 parking spots are pervious. Parking meets the requirements of Zoning Ordinance, as well as the perimeter landscape screening requirements of the Tree Ordinance. Locations, intensity, and heights of exterior lights: A photometric plan was submitted within the Complete Plans. The first draft had light poles that were too high at 23ft; whereas parking lots with 50 or fewer spaces shall have light poles that do not exceed 10ft overall height pursuant to Article IV, Section B(3) of the Zoning Ordinance. Applicant has adjusted the height to conform to the Ordinance. Erosion control: An Erosion Control plan was submitted with the application and is acceptable. Utilities: A utility plan was submitted and has been reviewed and approved by the appropriate providers. Greenspace: Ten percent (10%) of the site is required to be greenspace. There is a “green” type of civic greenspace on site that meets the requirements of Article V, Section C, of the Subdivision Regulations. Page 109 of 370 Dumpster location and screening: The dumpster enclosure is in the northwest quadrant of the site. The grease container is also within the gated enclosure. Shrubs will be around the parts of the enclosure that are not part of the vehicular use area. Figure 2: Landscaping Detail for Dumpster and Grease Container Enclosure. Figure 3: Elevations of Dumpster and Grease Container Enclosure. Traffic: A thorough traffic study was conducted for the entire Encounter development and the road infrastructure was designed in accordance with the recommendations from the traffic study. A trip generation report for the site is in the packet. Article II, Section C.2.d. (Site Plan Review Criteria) Criteria – The application shall be reviewed based on the following criteria: (1)Compliance with the Comprehensive Plan; The previous Comprehensive Plan put a Commercial Node at the AL Hwys 181 and 104 intersections. The Encounter Commercial Retail Center is in a newly recognized Suburban Mixed-Use Center in the proposed Comprehensive Plan. (2)Compliance with any other approved planning documents; Meets (3)Compliance with the standards, goals, and intent of this ordinance and applicable zoning districts; Meets 4 SR 25.01 Waffle House at Encounter Commercial/Retail Development (Lot 10) - January 27, 2025 Page 110 of 370 5 SR 25.01 Waffle House at Encounter Commercial/Retail Development (Lot 10) - January 27, 2025 (4)Compliance with other laws and regulations of the City; Meets (5)Compliance with other applicable laws and regulations of other jurisdictions; Meets (6)Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; Meets. (7)Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values; Property is zoned B-2. The larger development site does abut to conflicting uses. The previous subdivision provided required buffers. (8)Overall benefit to the community; Meets. There are a lot of residential units being built in the immediate surrounding area, especially to the north. A commercial retail center with a variety of retail/restaurant/office/commercial units will be a benefit to the residential subdivisions. (9)Compliance with sound planning principles; Meets. The general location has been designated a commercial node in the past and current comprehensive plans. Connectivity with other developments has been included. (10) Compliance with the terms and conditions of any zoning approval; Meets (11) Any other matter relating to the health, safety, and welfare of the community; Nothing noted (12) Property boundaries with dimensions and setback lines; Meets (13) Location of proposed buildings and structures indicating sizes in square feet; Meets (14) Data to show percentage of lot covered with existing and proposed buildings; Meets (15) Elevations indicating exterior materials; Front, side, and rear elevations were provided with the building materials. (16) The locations, intensity, and height of exterior lights; Meets (17) The locations of mechanical equipment; All relevant requirements are met. (18) Outside storage and/or display; Meets (19) Drive-up window locations (must be away from residential uses/districts and not in front of building); n/a (20) Curb-cut detail and location(s); Provided (21) Parking, loading, and maneuvering areas; Meets (22) Landscaping plan in accordance with the City Landscape Ordinance; Meets (23)Location, materials, and elevation of any and all fences and/or walls; n/a (24) Dumpster location and screening; and Meets (25) Location and size of all signage. Meets Recommendation: Staff recommends to Planning Commission to recommend to City Council conditional approval of case SR 25.01 Waffle House on Lot 10 in the Encounter Commercial Retail Center with the following condition(s): 1.City Horticulturist shall assess the transplanted live oak by the entrance on Bushel Drive at final inspection. If the tree is determined to not be in good health/condition, then the Applicant shall replace said tree with a healthy version the same size and species. Planning Commission recommended approval per staff recommendation. Page 111 of 370 Page 112 of 370 Page 113 of 370 Page 114 of 370 Page 115 of 370 Page 116 of 370 Page 117 of 370 Page 118 of 370 Page 119 of 370 Page 120 of 370 Page 121 of 370 Page 122 of 370 Page 123 of 370 Page 124 of 370 Page 125 of 370 Page 126 of 370 Page 127 of 370 Page 128 of 370 December 17, 2024 City of Fairhope Subdivision Regulations, Zoning Ordinance Michelle Melton City Planner City of Fairhope RE: SR 25.01 Waffle House at Encounter Development -Review Comments Waffle House- Fairhope, AL Please let this letter, and the attached, concerning the above-mentioned project. Comments: 1. Signage shall conform to the Sign Ordinance. Size. The aggregate surface area for all permitted signs in all nonresidential districts shall be limited to the following: a. One (1) square foot for each two (2) linear feet of building frontage; b. No more than fifty (50) square feet per lot in any business district, with the exception of multi- occupancy lots or buildings. A separate permit application, with schematic included, will be required for signage. Response: Please see the included sign rendering package which complies with the aforementioned limitations. 2. Maximum parking allowed is 24 spaces. Please eliminate Spaces 1 & 15 per your December 11 email. Response: Parking spot have been reduce to a total of 24 parking spots. Parking #1 and #15 have been eliminated as requested. 3. Stay tuned for more comments from Water/Sewer. Response: Understood. Water/Sewer comments will be addressed accordingly once we receive them. 4. Article IV, Section B(3) of Zoning Ordinance calls for exterior lights in parking lots with fewer than 50 spaces to be a maximum of 10 ft tall. Please amend the lighting plan to comply. Response: Please see attached the updated Photometric Plan 5. Instead of scattered outdoor seating contain the outdoor seating to a patio outside. Response: Please see revised Site Plan sheet C02 with outdoor seating next to the patio area. Page 129 of 370 6. Article V, Section C(2) of the Subdivision Regulations states that 10% greenspace is required. The site most likely already has this requirement, but it needs to be documented in the Site Data Table. Response: Please see greenspace callout on the Site Data Table on sheet C02. 7. Update the Site Data Table accordingly. Response: Please see greenspace callout on the Site Data Table on sheet C02. 8. Make the suggested landscaping changes per the December 9 email and your acknowledgement of the same. Response: Please see that updated Landscape Plan addressing the December 9th comments. Please indicate in writing that our responses are adequate and meet your requirements. Thank you for taking a personal interest in Waffle House we look forward to hearing from you soon. Sincerely, Erik Haeffs Real Estate Director erikhaeffs@wafflehouse.com Page 130 of 370 Page 131 of 370 Page 132 of 370 Page 133 of 370 Page 134 of 370 Page 135 of 370 Page 136 of 370 Page 137 of 370 Page 138 of 370 Page 139 of 370 Page 140 of 370 Page 141 of 370 Page 142 of 370 Page 143 of 370 Page 144 of 370 Page 145 of 370 Page 146 of 370 Page 147 of 370 Page 148 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1253 FROM: Bobby Hall, Golf Pro SUBJECT: Quail Creek Municipal Golf Course Director of Golf, Bobby Hall is requesting to procure beverage and vending concessions at various locations throughout the City. This vendor will also need to enter into a Franchise agreement with the City. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To reject all bids and authorize the Mayor to negotiate a contract with the one bidder, Coca-Cola Bottling United-Central, LLC., pursuant to the Code of Alabama 1975, Section 41-16-50(4). BACKGROUND INFORMATION: A service bid was issued on December 6,2024, posted to the City of Fairhope’s website, and advertised with Gulf Coast Media for three (3) weeks. One (1) responsive bid was received at the bid opening on January 9,2025, at 10:00 a.m. As we only received one responsive bid, from Coca-Cola Bottling United-Central, LLC., we recommend to reject all bids and authorize the Mayor to negotiate a contract with the one bidder, pursuant to the Code of Alabama 1975, Section 41-16-50(4) " If no bids or only one bid is received at the time stated in the advertisement for bids, the awarding authority may advertise for and seek other competitive bids, or the awarding authority may negotiate through the receipt of informal bids not subject to the requirements of this article. Where only one responsible and responsive bid has been received, any negotiation for the work shall be for a price lower than that bid." BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: N/A Page 149 of 370 LEGAL IMPACT: City Attorney provided Vendor bid submittal on January 16, 2025 for review and recommendations. 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 150 of 370 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. 25-015) for Beverage Vending and Concession Annual Contract - Three years; and authorize the Mayor to negotiate a contract with the one bidder pursuant to the Code of Alabama 1975, Section 41-16-50(4). ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 151 of 370 Page 152 of 370 Page 153 of 370 Page 154 of 370 Page 155 of 370 Page 156 of 370 Page 157 of 370 Page 158 of 370 Page 159 of 370 Page 160 of 370 Page 161 of 370 Page 162 of 370 Page 163 of 370 Page 164 of 370 Page 165 of 370 Page 166 of 370 Page 167 of 370 Page 168 of 370 Page 169 of 370 Page 170 of 370 Page 171 of 370 Page 172 of 370 Page 173 of 370 Page 174 of 370 Page 175 of 370 Page 176 of 370 Page 177 of 370 Page 178 of 370 Page 179 of 370 Page 180 of 370 Page 181 of 370 Page 182 of 370 Page 183 of 370 Page 184 of 370 Page 185 of 370 Page 186 of 370 Page 187 of 370 Page 188 of 370 Page 189 of 370 Page 190 of 370 Page 191 of 370 Page 192 of 370 Page 193 of 370 Page 194 of 370 Page 195 of 370 Page 196 of 370 Page 197 of 370 Page 198 of 370 Page 199 of 370 Page 200 of 370 Page 201 of 370 Page 202 of 370 Page 203 of 370 Page 204 of 370 Page 205 of 370 Page 206 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1232 FROM:Hannah Noonan, Human Resources Director SUBJECT:The recommendation to increase the pay rate for the summer interns assigned to work with Fairhope Utilities and Public Works department through the Baldwin County Utilities Internship Program from $13.50 per hour to $14.00 per hour. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council approves the recommendation to increase the pay rate for the summer interns assigned to work with Fairhope Utilities and Public Works department through the Baldwin County Utilities Internship Program from $13.50 per hour to $14.00 per hour. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 207 of 370 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendation to increase the pay rate for the Summer Interns assigned to work with Fairhope Utilities and Public Works department through the Baldwin County Utilities Internship Program from $13.50 per hour to $14.00 per hour. ADOPTED THIS 27TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 208 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1231 FROM: Hannah Noonan, Human Resources Director SUBJECT: The recommendation of the Reclassification of one (1) vacant Gas Equipment Operator IV (Grade 9) to Gas Construction Technician I (Grade 5). AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council approves the recommendation of the Reclassification of one (1) vacant Gas Equipment Operator IV (Grade 9) to Gas Construction Technician I (Grade 5). 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 209 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendation of the Reclassification of one (1) vacant Gas Equipment Operator IV (Grade 9) to Gas Construction Technician I (Grade 5). ADOPTED THIS 27TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 210 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1235 FROM: Hannah Noonan, Human Resources Director SUBJECT: The recommendation of the Reclassification of two (2) vacant Lineworker positions (Grade 10) to two (2) Lineworker Apprentice positions (Grade 7). AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council approves the recommendation of the Reclassification of two (2) vacant Lineworker positions (Grade 10) to two (2) Lineworker Apprentice positions (Grade 7). 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 211 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendation of the Reclassification of two (2) vacant Lineworker positions (Grade 10) to two (2) Lineworker Apprentice positions (Grade 7). ADOPTED THIS 27TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 212 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1248 FROM: Hannah Noonan, Human Resources Director SUBJECT: The recommendation of the Reclassification of two vacant (2) Wastewater Operator III positions (Grade 8) to two (2) Assistant Wastewater Plant Operator positions (Grade 8). AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council adopts the recommendation of the Reclassification of two vacant (2) Wastewater Operator III positions (Grade 8) to two (2) Assistant Wastewater Plant Operator positions (Grade 8). 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 213 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendation of the Reclassification of two vacant (2) Wastewater Operator III positions (Grade 8) to two (2) Assistant Wastewater Plant Operator positions (Grade 8). ADOPTED THIS 27TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 214 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1249 FROM: Hannah Noonan, Human Resources Director SUBJECT: The recommendation of the Reclassification of one (1) vacant Tree Trim Equipment Operator III (Grade 8) to one (1) Groundworker (Grade 6). AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council adopts the recommendation of the Reclassification of one (1) vacant Tree Trim Equipment Operator III (Grade 8) to one (1) Groundworker (Grade 6). 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 215 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendation of the Reclassification of one (1) vacant Tree Trim Equipment Operator III (Grade 8) to one (1) Groundworker (Grade 6). ADOPTED THIS 27TH DAY OF JANUARY, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 216 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1237 FROM: Justin Hammers Richard Johnson, CITY ENGINEER George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: Park Ranger/Urban Forester, Justin Hammers, and City Engineer, Richard Johnson, are requesting the procurement of a qualified contractor to provide labor and materials to install a new stone entrance at the southeast corner of Knoll Park. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve the procurement of a qualified contractor to provide labor and materials to install a new stone entrance at the southeast corner of Knoll Park for a not-to-exceed total project cost of $24,700.00. The City has accepted a gift from Lucy McVay of $14,334.00 for the additional entrance to Knoll Park, and has authorized the use of Capital Improvement Funds for the remainder of the cost of Project. BACKGROUND INFORMATION: The City Park Ranger/Urban Forester and the City Engineer are requesting the procurement of a qualified contractor to provide labor and materials to install a new stone entrance at the southeast corner of Knoll Park. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent to three (3) qualified contractors. Three quotes were received. The lowest quote was from Lindsey Landscaping LLC. The City Park Ranger/Urban Forester and the City Engineer request approval to award the Request for Quote to Lindsey Landscaping LLC. for the project cost not-to-exceed Twenty-Four Thousand Seven Hundred Dollars ($24,700.00). On December 19, 2024, the City accepted a $14,334.00 gift to the City of Fairhope from Lucy McVay and earmarked the funds for an additional entrance to Knoll Park. Additionally, the City authorized the use of Capital Improvement Funds for the remainder of the cost of the Project. BUDGET IMPACT/FUNDING SOURCE: Page 217 of 370 Account No. Account Title Current Budget Cost Available Budget 001370- 50475 Capital Improvements- Knoll Park Entrance $0.00 $24,700.00 ($24,700.00) 001370- 50475 Capital Improvements- Colony Nature Park Bridge 10,366.00 $10,366.00 001-41800 Donation $14,334.00 14,334.00 City accepted a $14,334.00 gift to the City of Fairhope from Lucy McVay and earmarked the funds for an additional entrance to Knoll Park. 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 218 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for new southeast entrance to Knoll Park to Lindsey Landscaping LLC. for a project cost not-to-exceed $24,700.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. DULY ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 219 of 370 Contractor Signature: Lindsey Landscaping LLC 16320 Silverhill Ave Silverhill, AL 36576 dlindsey@lindseylandscaping.net Estimate ADDRESS City Of Fairhope Parks dept Project: Knoll Park SE Entrance ESTIMATE #DATE 1829 01/08/2025 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT misc. work KNOLL PARK SE ENTRANCE HARDSCAPES: Erect a natural stone entrance following the plans provided to contractor 100%. Aprox: 24 LF of wall 4 columns using Oklahoma fieldstone as the veneer. @170 SF of Oklahoma multi- blend flagstone paver area *All walls and columns will have a foundation made of 4" of compacted gravel and 6" of reinforced concrete, per plans *Walls will be capped in natural flagstone that matches the paver area. *Columns will have custom 28"x28" x2" concrete caps *White mortar will be used for all stone work *Commercial metal edging installed on outside edges of flagstone paver area. Flowerbed areas will be built out and ready for plantings using screened topsoil and soil conditioner. Excavated spoils will be hauled to landfill upon completion and project site will be left clean and raked out 1 24,700.00 24,700.00 Page 220 of 370 Contractor Signature: Project will follow the exact specifications found in the plans provided by A.L Bjorkner 5 year labor warranty provided to customer TOTAL $24,700.00 Accepted By Accepted Date Page 221 of 370 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Justin Hammers, Park Ranger/Urban Forester Date: 12/18/2024 Department: Parks 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. Martiniere Landscape and Design $ 34,987.62 2. Garden Design Solutions Incorporated $ 36,099.00 3. Lindsey Landscape LLC $ 24,700.00 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? New Entrance for Knoll Park 2. What is the total cost of the item or service? $24,700 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Lindsey Landscape LLC 6. Vendor Number: 4414 If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☐ Yes ☒ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? Click or tap here to enter text. 3. Budget code: Click or tap here to enter text. Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 222 of 370 City of Fairhope ATTN: Justin Hammers Fairhope, AL 36532 RE: KNOLL PARK ENTRANCE PROPOSAL KNOLL PARK ENTRANCE STONE COLUMN & WALLS * Build (4) Columns 28" X 28" X 36" Tall and 24' LF of Stone Wall 12" X 28" Tall. Build with 4" of Abase Limestone, 6" of Concrete Footing, Rebar Reinforced, CMU Block and Stone Veneer 25,326.00$ FLAT STONE PATIO * Install 225 SF of Flat Stone Patio Install with 4" of Limestone Abase, Set with Mortar Bed 10,773.00$ Total 36,099.00$ WARRANTY: PAYMENT AGREEMENT 50% Deposit Due Upon Contract Acceptance Accepted by: Paul E. Fontenot Justin Hammers, City of Fairhope Landscape Architect Upon completion of work agreed, irrigated landscape and irrigation work will be Warranted for one (1) year. All non-irrigated plant material has no guarantee. Exceptions to warranty are damages caused by "Acts of God", i.e. hurricane, freeze, etc. or damages resulting from fire, theft or vandalism. December 17, 2024 Page 223 of 370 City of Fairhope Proposal Client Name: Martiniere Landscape & Design Project Name: Estimate ID:EST5039162 Date:Nov 14, 2024 Fairhope, AL 36533Jobsite Address: City of Fairhope PO Box 429 Fairhope, AL 36533Billing Address: $9,961.15Knoll Park SE Entrance Flooring Hours Installation Crew Installation Crew84 Days Crew Truck - F3502 Hours Dingo Dingo with Attachments6 Each Crew Truck - Mitsubishi Dump Small Dump Truck2 Hours Compactor Compactor2 Sq. Ft.Filter Cloth Filter Cloth Sq. Ft.180 PC Border Concepts Border Flex Steel Landscape Edging Galvanized 14 Gauge 4 in. x 10 ft. 10' x 4" x 1/8" Metal Edging3 Ton Gravel - 89/103 Ton Sand - Masonry Sand3 Each Concrete - Mortar - Buff - 80#Buff Mortar11 Ton Natural Stone - Tennessee Flagstone Tennessee Flagstone2.75 $25,026.47Knoll Park SE Walls / Caps / Columns / Stone Facade' I didn't feel comfortable with a 6" concrete base foundation for the walls. I figured them on a 12" base. I couldn't guarantee them any other way. Hours Installation Crew Installation Crew114 Brick Mason Brick Mason1 Days Crew Truck - F3505 Hours Dingo Dingo with Attachments12 Each Crew Truck - Mitsubishi Dump Small Dump Truck3 Hours Compactor Compactor4 email: tommy@martiniereland.com p. 251-929-5263 www.martiniereland.com Fairhope, Alabama 36533 P.O. Box 401 Page 1 of 5 Page 224 of 370 Days Concrete Vibrator Concrete Vibrator2 Each Rebar - 1/2" x 20' lengths24 Yard Concrete - Ready Mix - 1 Yard Concrete per Yard6 Each Concrete CMU Block - 8 x 8 x 16 - 8"8 x 8 x 16 CMU Concrete Blocks190 Ton Sand - Masonry Sand9 Each Concrete - Mortar - Buff - 80#Buff Mortar38 Each Paver - 28"x28"x2" Concrete Cap for columns and wall 36" x 36" Paver4 Ton Natural Stone - Tennessee Stack Stone Tennessee Stack Stone5.8 $34,987.62Subtotal $0.00Taxes $34,987.62Estimate Total Payment Terms and Conditions Upon the acceptance of the work, a deposit of 1/2 of the entire contract is due. If the project is a large project, the Contractor will require weekly or bi-weekly payments throughout the project until the last payment for the completion of the project. Should the Client fail to make payments as they become due under the terms of the Contract or in the event of any claim, interest at twelve percent (18%) annually on such unpaid amounts shall also become due and payable until payment. The act of non-payment creates a lien in favor of the Contractor Inc. in any and all equipment and property of the Client in the possession of the Contractor Inc. as well as in the Work in progress as at the date of termination. the Contractor Inc. shall be at liberty to retain possession of the same pending payment in full. Notwithstanding anything contained herein to the contrary, the completion date of the Work shall be deemed to be extended by that number of days equal to any delay in payment to the Contractor Inc. Exclusions The Following matters are excluded from the Work, unless specified in writing to the contrary: Electrical Work is to be done by a certified electrician only and is always additional to the Contract. Damage to existing irrigation lines during construction is considered to be an additional cost. NO SOD WILL BE GUARANTEED Site Unknowns: Including, but not limited to, sub-surface conditions/obstacles that create unforeseen labor, equipment, material or disposal charges Damages caused by "Acts of God", i.e. Freeze Damage, Hurricane, Lightning, Fire, Theft, Vandalism, Extreme Thunderstorms, or Flooding / Excessive Water. Procedure for Extra Work and Changes If it shall become necessary for the Contractor to make changes in any designs, drawings, plans, software, reports or specifications for any part of the project or reasons over which we have no control, or we are put to any extra work, cost or expense by reason of any act or matter over which it has no control, the Customer will pay to the Contractor a fee for such changed or extra Work calculated on a time and materials basis. All changes to Work or pricing or the terms of this Agreement will be read and understood within the context and meanings of this Agreement unless stated explicitly to the contrary. Extras to the Contract are payable by the Owner forthwith upon receipt of the Company's invoice. email: tommy@martiniereland.com p. 251-929-5263 www.martiniereland.com Fairhope, Alabama 36533 P.O. Box 401 Page 2 of 5 Page 225 of 370 receipt of the Company's invoice. Change Notice: Any Contract change in scope in excess of one thousand dollars ($1,000.00) requires a Contract Change Notice under which Work is to proceed. Work will not commence under a Contract Change Notice (CNN) unless with written Owner approval. For Changes in scope of less than one thousand dollars ($1,000.00), the Contractor will provide the Customer notification by way of communication with the owner such as by text or phone call. In either instance, such notification shall be plain and clear in terms of scope and reason. Warranty and Tolerances Payments Received: The Warranty for the contract is only valid if payment is received in full on completion of the work. Landscape planting must be 100% covered irrigation and the property has to be properly maintained and received appropriate chemical applications and will be warrantied for one (1) year from the day of completion. Sod will not be warrantied but will be healthy and thriving at the time of installation All Non - Irrigated plant material will not be warrantied under any circumstances. Payments Received: The Warranty for the contract is only valid if payment is received in full on acceptance of the work. Diligence: the Contractor agrees to carry out its Work diligently and to provide sufficient supervision and inspection of its staff and subcontractors and that it’s work will be of proper and professional quality, and in full conformity with the requirements of the contract. Competence: the Contractor warrants that it is competent to perform the Work and that it has the necessary qualifications including knowledge and skill with the ability to use them effectively. Site Unknowns: It is the responsibility of the Client or the Client’s Representative to fully inform the Contractor of all the information regarding site unknowns that may include difficult buried materials, cables, and pipes, tree stumps, drainage or water table issues, rock and shale sub-surfaces and/or other impediments, issues or factors that could otherwise impact the quality, cost and timeliness of project completion. Failure to notify the Contractor may lead to additional costs to the Client (at the Contractor’s discretion) and schedule time not included in the Quotation in Schedule 1, and may require changes in design and construction to overcome such problems – all for which the Client will be responsible. Client can avoid such risks by permitting the Contractor to do appropriate soil and ground tests, review the site, and to secure additional required site information from appropriate government and other authorities. The cost(s) of such additional work is not included in the Quotation in Schedule 1 attachment. Damaged Utilities: Should damage occur to utilities during construction, the Contractor is only liable for the cost of the repair. the Contractor is not liable in any way for inconvenience to the Client caused by damage to the utilities. Damage to neighbors buried utilities, on the Client’s property, are the responsibility of the Client. Building/Window/Vehicle Washing: Buildings, windows, or vehicles of the Client, including neighbors, are not intended to be kept clean due to dust during Construction or Work performed by the Contractor. Any necessary cleaning due to Construction or Work by the Contractor will be the responsibility of the Client. Material Tolerances Wood: Pressure treated wood cannot be guaranteed against warp age, checking, or cupping. Cedar is expected to crack especially 6X6 up to 3/8 inch gaps and the entire length of the wood. Ipe is expected to crack especially 4X4 up to 3/8 inch gaps and the entire length of the wood. Stone: Natural stone has color variations that vary from stone to stone. In addition, mineral deposits such as lime, iron, etc. can change the stone and even bleed. This is the nature of the product and the Client accepts this as a natural and acceptable quality of the stone. Metal: Metal, which is not galvanized, is not guaranteed form rusting commencing immediately after installation. Concrete: Spider cracks (hairline stress-fractures) are considered a normal characteristic of all types of concrete. Concrete may crack substantially over time due to proximity of tree roots. Colored concrete consistencies vary from truck to truck; therefore it is not possible to produce an exact match with pours over nine meters. The Client absolves the Contractor of liability if “smooth” concrete is the desired finish (due to slippage). Warranty Time Period: the Contractor warrants all construction and installation for a period of one (1) year, providing that they have been maintained properly. All construction materials are subject to manufacturer’s specific warranties/guarantees. Planting is warranted email: tommy@martiniereland.com p. 251-929-5263 www.martiniereland.com Fairhope, Alabama 36533 P.O. Box 401 Page 3 of 5 Page 226 of 370 been maintained properly. All construction materials are subject to manufacturer’s specific warranties/guarantees. Planting is warranted for one (1) year if there is an approved irrigation system. Client Responsibilities: The Client recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations in keeping with standard quality maintenance requirements in order for the Warranty to remain in affect. Failure to properly maintain materials or horticulture installations will void the warranty. Client further recognizes and agrees that damage to construction, materials, horticulture elements and other warrantable items of the project will not be warranted if the damage or loss is due to elements beyond the control of the Contractor. For example, flooding eaves troughs that damage plants, fallen branches, animal caused damage, frozen/ burst irrigation or drainage pipes that were not seasonally drained at the proper time, use of improper chemicals, improper maintenance, extreme or unusual weather conditions, and similar and/or related situations – void all warrantees provided by the Contractor. Use of Client Selected and Approved Substandard Materials: Client recognized and agrees that if the Client has chosen and approved the use of substandard materials for any application that the one year warranty will be void or otherwise limited in writing on those items so impacted, but will remain in affect for all other elements of the project not impacted directly or indirectly by use of substandard materials. the Contractor will notify in writing to the Client any material that the Client has selected that would negatively impact the one year warranty of the Contractor – prior to purchasing and/or installing such materials. Material Grades: The Client recognizes that all materials come in a range of grades of quality and finishes, and that natural materials are not perfect. Natural wood have knots, and other natural materials have variability in color due to a wide range of factors, and that sample while useful in material selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation. the Contractor shall endeavor to enable the Client to see or understand the representative range of color, surface texture, and related of all materials begin seriously considered for installation on a project, however, it will be responsibility of the Client for the final selection of those materials. Once the selection has been approved by the Client, the Client will be responsible for all costs associated with changing any given material should the Client change their mind during or after material is purchased or constructed. Planting + Plant Warranty ·Trees and Shrubs: All trees and shrubs are warranted from the date of installation, provided that the Contractor is in agreement that the plants are sufficiently hardy and appropriate for the soil, climate, and weather conditions associated with the site, and that they are properly maintained in keeping with standards for assuring the longevity of such plants. ·Perennials: Perennials are guaranteed for the same-planted season only."Delicate” Plants, such as rhododendrons and plants that are not typically suitable for the Client’s plant zone, may come with no warranty, due to the risk involved. These plants will be listed in the Planting Estimate in bold. ·Winter Protection: All fragile plants shall be covered in the case of weather below freezing. ·Plant Seasonality: Various plants, bushes, shrubs, and trees have ideal times for planting. Planting out of season at the request of Clients will void any warranty for those plants. the Contractor will point out in writing to the Client any requested planting that will void the warranty on those plants so affected by out of season planting. The Client reserves the right to request that plants that cannot be planted with out voiding the warranty be exchanged or planted in the next plantable season without any additional costs being borne by the Client. ·Plant Availability: In some instances, some plants, shrubs, bushes, and trees may not be readily available to procure in time for the required planting period associated with the Contract. In that event, the Contractor will work closely with the Client to provide a approved substitution(s) – subject to availability. The Client will always reserves the right to request plants and related materials that are not locally available. ·Plant Diseases: Should the Client recognize ill health in the plants, shrubs, bushes, or trees that have been supplied under the Contract, it is the Client’s responsibility to immediately inform the Contractor. the Contractor will determine the nature and source if the illness. If it is deemed that the plant was infected prior to installation, the Contractor reserves the right to first using herbicides, fertilizers, and insecticides to return the plants to good health. Should efforts to restore the plant’s heath fail, the Client is entitled to a refund only. Due to plant availability, the Client assumes the risk and liability of rare specimens. However, the Contractor reserves the right to remove all or a portion of the warranty depending upon the nature of the source of the plant infections and the approved policies of the Contractor. In all cases, the Contractor shall work with the Client to minimize damage to the existing Contract related plants. ·Plant Replacement: the Contractor is entitled to up to one(1) year to source, match and replace dead or ill plants (due to scarcity). The Client reserves the right to either a full refund within one (1) year or wait for a suitable replacement. Should the plant be a matching pair or series, and it is not possible to replace, the Contractor agrees to replace all plants in the series or pair at the Contractor’s cost. ·Lawns:New lawns are not guaranteed. New lawns are guaranteed to be healthy at time of installation only. Sod staples can be installed for an additional fee to deter animals from causing damage. Pegs are not guaranteed to prevent damage from animals. ·Water Plants: Water plants are guaranteed for same-planted season only. ·Weeds: the Contractor shall use it’s efforts to minimize any weeds, however, the Contractor shall not be required to inspect or otherwise ensure that there is no weed or other unwanted plant matter upon the Client’s property in any soil or root balls/planting container of plant materials, nor shall it provide warranty for the removal of existing weeds. email: tommy@martiniereland.com p. 251-929-5263 www.martiniereland.com Fairhope, Alabama 36533 P.O. Box 401 Page 4 of 5 Page 227 of 370 Estimate authorized by:Estimate approved by: Company Representative Customer Representative Signature Date:Signature Date: balls/planting container of plant materials, nor shall it provide warranty for the removal of existing weeds. ·Replacement plant material: the Contractor does not guarantee plant material that has been transplanted on site. Replacement pant material is not guaranteed. ·Required Maintenance: the Contractor will provide technical specification sheets on all materials and horticulture constructed, erected, implemented or planted on the site as part of the Contract. Failure to follow the recommendations with equal, equivalent or superior maintenance efforts, tools and resources will void any Contractor warranty on items so affected. Where the Contractor recognizes that the Client lacks sufficient resources (water pressure, power outlets, and related) to enable the full maintenance and enjoyment of the materials, construction(s) and/or horticultural elements associated with this Contract, the Contractor will also inform the Client and recommend possible solutions. However, the Contractor is not obliged to be wary of such needs or to account for them in this Contract in terms of design, construction or costs, and the Client fully accepts responsibility for obtaining such knowledge and acting accordingly. ·Water Supply: Where water supply becomes an issue and negatively detracts from ponds, waterfalls, and other water features, the Client recognizes and agrees that such problems are the sole responsibility of the Client. ·Irrigation: If the irrigation system is adjusted by the homeowner or someone other than a Martiniere Landscape & Design Representative, the warranty will be null and void until the end of the warranty Period. The client has inspected the landscape project. The client has delivered to the contractor a written list of all items the buyer believes have not been properly constructed or are not in proper condition. Except as noted on this list, the client accepts the landscape as is, and acknowledges that he or she has no further claim against the contractor for any item that was not listed that could reasonably have been ascertained or observed during the client's inspection. The client has no objections as to color, appearance, type or brand of materials, dimension or size, location, or any other conditions that could reasonably have been discovered by the client during the inspection. The client understands that no warranties are being made by the contractor except those appearing in the contract documents. The client is not relying on any representations, promises, or warranties except for the written limited warranty that appears in the contract documents. The client acknowledges receipt from the contractor of all documents to which the client is entitled. Each provision of this certificate is separate and severable from every other provision. If any single provision is declared invalid or unenforceable, the client and the contractor understand that all the other provisions will be valid and enforceable. email: tommy@martiniereland.com p. 251-929-5263 www.martiniereland.com Fairhope, Alabama 36533 P.O. Box 401 Page 5 of 5 Page 228 of 370 RESOLUTION NO. 5305-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the Fairhope City Council hereby accepts the $14,334.00 gift to the City of Fairhope from Lucy McVay and earmark these funds for an additional entrance to Knoll Park; and authorize the use of Capital Improvement Funds for the remainder of the cost of Project. Adopted on this 19th day of December, 2024 Attest: Page 229 of 370 Page 230 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1233 FROM: Chris Ellis, Fire Chief SUBJECT: The Fire Chief, Chris Ellis, and the Fire Maintenance Supervisor, John Saraceno, are requesting procurement of the annual inspections and testing of the fire trucks. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve the procurement of the annual inspections and testing of the fire trucks from Sunbelt Fire, Inc. as a sole source distributor for a not-to-exceed cost of $13,393.00. BACKGROUND INFORMATION: The Fire Maintenance Supervisor is requesting procurement of the annual inspections and testing of the fire trucks. This would include the following: • Inspection, Pumper Tier-2, Shop (5) Pumper Trucks $6,750.00 • Inspection, ARFF, Shop-1 AARF Truck $1,450.00 • Inspection, Aerial, Tier-2 - 1 Aerial Truck $2,150.00 • Inspection, Quick Attack Tier-2, Shop 1 Truck $855.00 • Testing, Pump Test at Sunbelt Facility, Shop - (5) Pumpers, (1) Aerial $1,200.00 • Maintenance, Fluid, T-Caseshop - Service (6) Pumpers, (1) Aerial: Labor $390.00; Parts $260.40 Sunbelt Fire, Inc. is the sole authorized service, parts and warranty provider for E-One vehicles for Alabama, Mississippi, Louisiana and the southwest tip of Tennessee, including vehicles built under the name Emergency One. The cost of this procurement from Sunbelt Fire, Inc. is not-to-exceed Thirteen Thousand Three Hundred Ninety-Three Dollars ($13,393.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001200-Equip & Vehicle $19,000.00 $13,393.000 $5,607.00 Page 231 of 370 50440 Repair 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 232 of 370 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope has voted to approve annual inspections and testing of Fire Trucks from Sunbelt Fire, Inc. as sole source distributor; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41- 16-51(13). The cost will not-to-exceed $13,393.00. ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 233 of 370 Sunbelt Fire, Inc. 8050 McGowin Dr Fairhope, Alabama 36532 Phone: (251) 928-9917 - Fax: (251) 928-9933 Case Number: 9879701 Repair Order Number: N/A Purchase Order Number: N/A Service Advisor: Lovato, Kristina - Case Date 2021-12-13 08:04:54 -0600 Customer: City Of Fairhope Unit Number: XXXXXX38 Address: PO BOX 429 FAIRHOPE, AL 36533 Phone: 990-0143 Fax: N/A Customer Number: 38 Asset: 2024 Estimate Estimate Serial Number: XXXXXX38 VIN: ESTIMATEXXXXXXX38 Engine: Estimate Engine Hours: 0 Odometer: N/A Miles Warranty Start: N/A In Service: N/A Item Operation Name Totals 1 INSPECTION, PUMPER TIER-2, SHOP (5) PUMPER TRUCKS [051-000-000] Labor:$6,750.00 2 INSPECTION, ARFF, SHOP -1 AARF TRUCK (DOES NOT INCLUDE FOAM TESTING) [999-999-999] Labor:$1,450.00 3 INSPECTION, AERIAL TIER-2- 1 AERIAL TRUCK [051-000-000] Labor:$2,150.00 4 INSPECTION, QUICK ATTACK TIER-2, SHOP 1 TRUCK [999-999-999] Labor:$855.00 5 TESTING, PUMP TEST AT SUNBELT FACILITY, SHOP - (5) PUMPERS, (1) AERIAL [051-000-000] Labor:$1,200.00 6 MAINTENANCE, FLUID, T-CASESHOP- SERVICE (6) PUMPERS, 1 AERIAL [024-000-000] Labor:$390.00 Parts:$260.40 -(1.0) TCASE FLUID Parts: $260.40 Labor: $12,795.00 Shop Supplies: $133.00 Haz. Waste: $204.60 Total: $13,393.00 This estimate is subject to teardown and inspection and is valid for 30 days from date above. I, the undersigned, authorize you to perform the repairs and furnish the necessary materials. I understand any costs verbally quoted are an estimate only and not binding. Your employees may operate vehicle for inspecting, testing and delivery at my risk. You will not be responsible for loss or damage to vehicle or articles left in it. AUTHORIZED BY:_________________________ DATE:___/____/____ Sunbelt Fire, Inc. Updated at: 2023-12-18 13:59:38 -0600 Page 1 of 1 Updated at: 2023-12-18 13:59:38 -0600 ESTIMATEPage 234 of 370 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: John Saraceno Date: 1/7/2025 Department: Fire 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. Sunbelt Fire Apparatus $ 13,393.00 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? Annual fire truck inspections and pump test 2. What is the total cost of the item or service? 13,393.00 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): Sunbelt Fire Apparatus 6. Vendor Number: 830 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? 19,000 3. Budget code: 50440 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 235 of 370 Page 236 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1234 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting to approve the award of the Request for Quotes for Labor and Materials for the N. Mobile Street Sewer Force Main Bypass & Manhole Rehabilitation Project. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for labor and materials for the N. Mobile Street Sewer Force Main Bypass & Manhole Rehabilitation Project for low bid not-to-exceed cost of $76,590.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of labor and materials for to approve the award of the Request for Quotes for Labor and Materials for the N. Mobile Street Sewer Force Main Bypass & Manhole Rehabilitation Project. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent to three (3) qualified contractors. The lowest quote was from A-Long Boring, Inc. The Superintendent of Water/Wastewater requests approval to award the Request for Quote to A-Long Boring, Inc. for the not-to-exceed cost of Seventy-Six Thousand Five Hundred Ninety Dollars ($76,590.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59501 System Improvements - Lift Station $76,590.00 $76,590.00 ($0.00) Lift Stations Upgrade was budget $650,000.00 citywide. Page 237 of 370 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 238 of 370 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the N. Mobile Street Sewer Force Main Bypass & Manhole Rehabilitation Project to A-Long Boring, Inc. for a not-to-exceed project cost of $76,590.00. This Public Works project will be less than $100,000.00; and therefore, does not need to be formally bid out. DULY ADOPTED ON THIS 13TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 239 of 370 Page 240 of 370 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: MIKE DAVIS Date: 1/13/25 Department: WATER/SEWER 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 am ount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost incre ases. QUOTES Vendor Name Vendor Quote 1. A- LONG BORING $ 76,590.00 2. W.R. MITCHELL $ 150,000.00 3. BALLCON $ NO QUOTE 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? RE-ROUTE FORCED MAIN FOR NORTH MOBILE LIFTSTATION 2. What is the total cost of the item or service? 76,590.00 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): A- LONG BORING 6. Vendor Number: 24207 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: 4020 -59501-10 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 241 of 370 Page 242 of 370 Page 243 of 370 N. MOBILE STREET SEWER FORCE MAIN BYPASS & MANHOLE REHABILITATION PROJECT Fairhope Sewer Project No. 2025-PUS 001 The Project Scope of Work: Entails all material, equipment, labor, incidentals, overhead and profit to install a new Public Sewer Bypass Force Main comprised of approximately 900 linear feet of 4” Ø HDPE. Force main installation will involve directional drilling (bore) of approximately 720 linear feet of force main and the option to “open cut” the remaining 170 linear feet that runs from the bypass at lift station to N. Mobile Street. In addition, work will entail tieing to an existing sewer manhole and the lining (reconditioning) of two existing sewer manholes less than 6-feet in depth. Materials and workmanship shall be per the enclosed sketch plan and per the City of Fairhope Water and Sewer Standard specifications. This is a quantities-based project and all quantities will be field verified prior to payment. Bidding Contractors shall field- verify all conditions prior to submittal. Key Project Deliverables: • 4” Ø Force Main Bore – 760 Linear Feet – approximately 340 L.F. on N. Mobile St. and 430 L.F. on Seminole Ave. • 4” Ø Force Main Open Cut with 4” connection near bypass – approximately 170 L.F. • Solid Sod (all disturbed areas) – approximately 100 S/Y. • Tie to existing Manhole (end of run on Seminole Ave) – 1 each • Sewer Manhole Linning – Manhole being tied to - <6’ Deep • Additional Manhole Lining at intersection of Seminole and Pensacola Avenues - <6’ Deep • All additional required materials, fittings, and incidentals • General Site Maintenance and required BMP’s CRITICAL TIMELINES: • 15-day Notice to Proceed Period • 30 Calendar Days allowed for work (no exceptions for holidays) • Contractor will be limited to time of day and days of the week restrictions on this project – residential area – site available 7:00 am – 7:00 pm – Monday - Saturday GENERAL NOTES: 1. Contractor will be required to be Licensed (Appropriate GC), Bonded, and Insured. Documents will be required at time of bid/quote acceptance and/or Page 244 of 370 issuance of purchase order. 2. Work must be completed 30 calendar days from the end of "Notice to Proceed" period. 3. Enclosed scope of work, descriptions, quantities, etc. are "good faith" estimates only. Prior to submitting bid/quotation, contractor should field measure and verify all quantities. 4. Bid Response will be treated and considered as "lump sum" quotes/bids for all described work. 5. Bid Responses are subject to the GENERAL CONDITIONS, SPECIAL PROVISIONS and SUPPLEMENTAL SPECIFICATIONS as attached. 6. LIQUIDATED DAMAGES: Liquidated Damages (LD’s) shall be applied to this contract. The Liquidated Damages Daily Charge of $250.00/calendar day will apply. 7. This is a sealed Public Works Quote/Bid Project – all applicable City and State terms and conditions apply. Page 245 of 370 Sheet1 of 21/7/2025Drawn By: A. BjorknerSewer Project No 2025-PUS 001 SOW Fairhope, Baldwin County, Alabama Fairhope Public Utilities 555 South Section Street Fairhope, Alabama 36532 251-928-8003Revised: N. MOBILE STREET SEWER FORCE MAIN BYPASS & MANHOLE REHABILITATION PROJECT Fairhope Sewer Project No. 2025-PUS 001 The Project Scope of Work: Entails all material, equipment, labor, incidentals, overhead and profit to install a new Public Sewer Bypass Force Main comprised of approximately 900 linear feet of 4” Ø HDPE. Force main installation will involve directional drilling (bore) of approximately 720 linear feet of force main and the option to “open cut” the remaining 170 linear feet that runs from the bypass at lift station to N. Mobile Street. In addition, work will entail tieing to an existing sewer manhole and the lining (reconditioning) of two existing sewer manholes less than 6-feet in depth. Materials and workmanship shall be per the enclosed sketch plan and per the City of Fairhope Water and Sewer Standard specifications. This is a quantities-based project and all quantities will be field verified prior to payment. Bidding Contractors shall field- verify all conditions prior to submittal. Key Project Deliverables: • 4” Ø Force Main Bore – 760 Linear Feet – approximately 340 L.F. on N. Mobile St. and 430 L.F. on Seminole Ave. • 4” Ø Force Main Open Cut with 4” connection near bypass – approximately 170 L.F. • Solid Sod (all disturbed areas) – approximately 100 S/Y. • Tie to existing Manhole (end of run on Seminole Ave) – 1 each • Sewer Manhole Linning – Manhole being tied to - <6’ Deep • Additional Manhole Lining at intersection of Seminole and Pensacola Avenues - <6’ Deep • All additional required materials, fittings, and incidentals • General Site Maintenance and required BMP’s CRITICAL TIMELINES: • 15-day Notice to Proceed Period • 30 Calendar Days allowed for work (no exceptions for holidays) • Contractor will be limited to time of day and days of the week restrictions on this project – residential area – site available 7:00 am – 7:00 pm – Monday - Saturday GENERAL NOTES: 1. Contractor will be required to be Licensed (Appropriate GC), Bonded, and Insured. Documents will be required at time of bid/quote acceptance and/or issuance of purchase order. 2. Work must be completed 30 calendar days from the end of "Notice to Proceed" period. 3. Enclosed scope of work, descriptions, quantities, etc. are "good faith" estimates only. Prior to submitting bid/quotation, contractor should field measure and verify all quantities. 4. Bid Response will be treated and considered as "lump sum" quotes/bids for all described work. 5. Bid Responses are subject to the GENERAL CONDITIONS, SPECIAL PROVISIONS and SUPPLEMENTAL SPECIFICATIONS as attached. 6. LIQUIDATED DAMAGES: Liquidated Damages (LD’s) shall be applied to this contract. The Liquidated Damages Daily Charge of $250.00/calendar day will apply. 7. This is a sealed Public Works Quote/Bid Project – all applicable City and State terms and conditions apply. Page 246 of 370 Bypass Hook UpBor e BoreFM - 4" - HDPE -Bore / UCManhole needsto be linedFlow2 1 5 S e m in ole A v eNew Discharge ManholeManhole needs to be lined194'374'400'N MOBILE ST SEMINOLE AVESheet2 of 21/7/2025Drawn By: A. BjorknerSewer Project No 2025-PUS 001 SOW Fairhope, Baldwin County, Alabama Fairhope Public Utilities 555 South Section Street Fairhope, Alabama 36532 251-928-8003Revised: NPage 247 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1236 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and the Wastewater Treatment Plant Manager, Dennis Scott, are seeking to procure a preventative maintenance agreement for the Wastewater Treatment Plant VTScada System. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve the procurement of a preventative maintenance agreement for the annual maintenance and service contract for the Wastewater Treatment Plant VTScada System. The annual cost would be $22,800.00 plus materials for repairs. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater Department is requesting the procurement of an annual maintenance and service contract for the Wastewater Treatment Plant VTScada System. The proposed scope of work will include: • 24 Hour Emergency Call Support • Scheduled Support to include: a. PLC Programming b. SCADA Modifications c. Control System Repairs d. Electrical/Control Surveys, Studies and Reports Automation Control Service, LLC. has proposed an annual maintenance and service contract at a price of One Thousand Nine Hundred Dollars ($1,900.00) per month, or Twenty-Two Thousand Eight Hundred Dollars ($22,800.00) per year, plus materials and equipment as needed for repairs. Automation Control Service, LLC. is the only area company able to supply this service and respond in person within two (2) hours for emergencies. BUDGET IMPACT/FUNDING SOURCE: Page 248 of 370 Account No. Account Title Current Budget Cost Available Budget 004020- 50367 Maintenance- WWTP $22,800.00 $22,800.00 ($0.00) Budgeted $100,000.00 for day-to-day maintenance of the WWTP. This includes maintenance on all equipment, electrical, generators, lab equipment, UV lamps and related parts. GRANT: N/A LEGAL IMPACT: City Attorney has approved the Vendor contract and/or terms & conditions with modifications. 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 249 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of a preventative maintenance program annual contract for the Wastewater Treatment Plant VTScada System from Automation Control Service, LLC. Automation Control Service, LLC. is the only area company able to supply this service and respond in person within two (2) hours for emergencies. The annual cost is $22,800.00 plus materials as needed for repairs. DULY ADOPTED THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 250 of 370 Professional Service Agreement This Contract for Professional Services is made as of November 2024, by and between AUTOMATION CONTROL SERVICE, LLC (ACS) of 6281 Technology Drive, Pensacola, FL 32505 (the “ENGINEER”), and CITY OF FAIRHOPE of 555 South Section Street, Fairhope, AL 36532 (the “CLIENT”). 1. DESCRIPTION OF SERVICES Beginning on November 1, 2024, The ENGINEER will provide to the CLIENT the professional services described below. 1. 24 HOUR EMERGENCY CALL SUPPORT ENGINEER will staff a Hotline available 24/7 for technical support. A trained engineer will always be on stand-by to provide remote assistance in troubleshooting and resolving technical issues. ENGINEER will guarantee a maximum response time of 4-hours for on-site response to emergencies from time of initiation. This is enforced 24 hours per day, 7 days per week, including holidays. EX. Call received at 10:00AM, ENGINEER will be on-site by 2:00PM. Wastewater Treatment Plant: The monthly support service will include up to 4 hours of emergency on-site time for troubleshooting and resolving technical issues. Additional emergency response hours will be billed at contract rates as detailed in Appendix A. Any unused hours will be applied to scheduled support. These hours must be accrued from previous months. 2. SCHEDULED SUPPORT Scheduled support is defined as contacting the ENGINEER with a scope of work. The Engineer will schedule the scope of work with the CLIENT. The time will vary based on the ENGINEER’s projects load. ENGINEER scheduled support will include but not be limited to: a. PLC Programming b. SCADA Modifications c. Control System Repairs d. Electrical / Control Surveys, Studies, and Reports 2. FEE This is an annual renewable contract. CLIENT will pay ENGINEER monthly fee in the amount of $1,900.00. NOTE: The VTScada Support renewal is not included as a part of this contract. The City of Fairhope VTScada licensing and support agreement was modified in September 2023 to resolve issues with licensing that was purchased under the WWTP SCADA Conversion project in January 2022. Trihedral has granted the City of Fairhope VTScada Support through May 27, 2026. See Appendix B for Trihedral Sales Order detailing license modifications. Page 251 of 370 3. BILLING • A fee of $1,900.00 will be billed at the first of each month. • Price deduction is available for paying the year in full. The yearly fee of $21,500.00 will be billed at the start of the contract. • Services in excess of the fee will be billed at hourly contract rates see Appendix A, Billing Rates. • Extra Billing is based on hours worked, travel expense, and material cost. • Terms are NET 30 4. PAYMENT If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 1.5% per month, or maximum percentage allowed under the Florida laws, whichever is less. The CLIENT shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the CLIENT fails to pay for the Services when due, ENGINEER has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies. 5. TERMS This Contract will terminate one (1) year(s) from the date the contract is signed. Any accrued hours are lost at the termination of this contract. 6. WORK PRODUCT OWNERSHIP Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by the ENGINEER in connection with the Professional Services will be the exclusive property of ENGINEER. Upon request, the CLIENT will execute all documents necessary to confirm or perfect the exclusive ownership of ENGINEER to the Work Product. 7. DEFAULT The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Services in the time and manner provided for in this Contract. 8. REMEDIES In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have Page 252 of 370 15 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. 9.FORCE MAJEURE If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. 10.DISPUTE RESOLUTION The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 11.ENTIRE AGREEMENT This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. 12.SEVERABILITY If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 13.AMENDMENT This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment. 14.GOVERNING LAW This Contract shall be construed in accordance with the laws of the State of Florida. Alabama. Page 253 of 370 15. NOTICE Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 16. WAIVER OF CONTRACTUAL RIGHT The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 17. ATTORNEY’S FEES TO PREVAILING PARTY In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal. 18. CONSTRUCTION AND INTERPRETATION The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort. 19. ASSIGNMENT Neither party may assign or transfer this Contract without the prior written consent of the non- assigning party, which approval shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. Service CLIENT: Dennis Scott By: CLIENT REP Service ENGINEER: Automation Control Service, LLC R. Josef Anderson By: ENGINEER REP Page 254 of 370 Appendix A. Billing Rates Note: The total billable hours include travel time to and from site. Service Rates Professional/Senior Engineer Rate $ 225.00 Engineer Rate $175.00 Travel Expenses Mileage Rate $1.00/mile Per-diem (Only applies for overnight stay) $50.00 Travel Expenses includes but not limited to airfare, cab fare, rental car, motel, etc. Cost +10% Material Price Material Cost with a 20% Margin Page 255 of 370 Appendix B. Trihedral Sales Order Page 256 of 370 Trihedral, Inc. • 7380 West Sand Lake Road, Suite 100 • Orlando, Florida 32819 • USA Phone: (407) 888-8203 • Fax: (902) 835-0369 http://www.trihedral.com Sales Order End User City of Fairhope, AL 09-27-2023Order Date Net 30 DaysTerms Due Date 09-27-2023 Alan HudsonSales Person Purchase Order ApprovedShip ToBill To J990Job # Dennis Scott City of Fairhope - AL 555 South Section Street Fairhope, AL 36533 USA Dennis Scott City of Fairhope - AL 555 South Section Street Fairhope, AL 36533 USA HST# 10538 9035 VAT# 717 1513 55 EIN # 26-0449423 Tax Info S/N 56571, 56572 - City of Fairhope, AL #Qty.Product 1 -1 ~•~VTScada 25K Dual Server Premium~•~Credit 1 2 VTScada 25K - Development Runtime 2 2 VTScada 25K - Alarm Notification 3 1 VTScada 25K - Thin Client - Unlimited 4 1 VTScada Training Course Credit - $1,000.00 5 1 Bundle SupportPlus 6 1 Bundle 24/7 Emergency Support 7 1 Bundle Discount Date of Purchase: January 10, 2022 Date of Commissioning: October 27, 2022 Current SupportPlus Expiry Date: October 27, 2023 S/N 56571, 56572 - City of Fairhope, AL #Qty.Product 1 1 ~•~VTScada 5K Dual Server Premium~•~New 1 2 VTScada 5K - Development Runtime 2 2 VTScada 5K - Alarm Notification 3 1 VTScada 5K - Thin Client - Unlimited 4 1 VTScada Training Course Credit - $1,000.00 5 1 Bundle SupportPlus 6 1 Bundle 24/7 Emergency Support 7 1 Bundle Discount 2 1 SupportPlus - October 2023 to October 2024 3 1 SupportPlus - October 2024 to October 2025 4 1 SupportPlus - October 2025 to May 2026 Key = NYNW9 X4X4V 6VU6Z GZBDH WZ7C2 Serial number = 56571 Package = 5K Run Mode = Development Runtime Time Limit = Unlimited Tags = 5,000 Thin Clients = Unlimited Alarm Notification = Yes Remote Data Access = Yes OPC Server = Yes 64-bit = Yes Version Control = Yes Remote Config = Yes Redundancy = Yes Server Capable = Yes 1 2/ Page 257 of 370 Trihedral, Inc. • 7380 West Sand Lake Road, Suite 100 • Orlando, Florida 32819 • USA Phone: (407) 888-8203 • Fax: (902) 835-0369 http://www.trihedral.com Remote IDEA Studio = Yes SupportPlus Expiry = Wednesday May 27, 2026 Key = 3U674 EY659 KGTFP NURB4 5Q7JY Serial number = 56572 Package = 5K Run Mode = Development Runtime Time Limit = Unlimited Tags = 5,000 Thin Clients = 0 Alarm Notification = Yes Remote Data Access = Yes OPC Server = Yes 64-bit = Yes Version Control = Yes Remote Config = Yes Redundancy = Yes Server Capable = Yes Remote IDEA Studio = Yes SupportPlus Expiry = Wednesday May 27, 2026 Notes Terms and Conditions: VTScada is licensed exclusively by the VTScada Software License Agreement (Standard Conditions) FL, VSLASCFL v1.2 2018-06-08, and the VTScada Software Standard Support Services Agreement (SC) FL, VSSSSASCFL v. 1.2 2019-02-26, available at https://www.vtscada.com/tinc-license-agreements/. ISO 9001:2008 Ref # QMF 13 Powered by TCPDF (www.tcpdf.org) 2 2/ Page 258 of 370 Page 259 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1243 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring for Professional Engineering Services for the Water Main Installation on Dairy Road. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve negotiated not-to-exceed amount of $60,000.00 for this project and allow the Mayor to execute a contract with Krebs Engineering. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater is requesting the procurement of Professional Engineering Services for the Water Main Installation on Dairy Road Project The work to be performed is for professional engineering associated with the project, which will include the following: A. Preliminary Services B. Engineering Design Services C. Bid Period Services D. Construction Review Services The Mayor and The Superintendent of Water/Wastewater would like to establish a not- to-exceed amount for Professional Engineering Services of Sixty Thousand Dollars ($60,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500 System Improve- Distribution Sys $60,000.00 $60,000.00 ($0.00) Total project budget for $700,000.00, which includes engineering, design, construction, and materials. Page 260 of 370 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 261 of 370 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 Krebs Engineering for Professional Engineering Services for the Water Main Installation on Dairy Road (RFQ PS25-013) with a not-to-exceed amount of $60,000.00. ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 262 of 370 1040 Stanton Road, Bldg. II, Suite A, B & C Daphne, AL 36526 P 251.309.9085 KrebsEng.com BIRMINGHAM DAPHNE HUNTSVILLE MONTGOMERY NEWNAN January 15, 2025 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL 36532 Re: 12” Watermain Along Dairy Road – Proposal Letter Krebs Project No. 24307 Dear Daryl: Krebs Engineering, Inc. (Krebs) is pleased to present this proposal to the City of Fairhope (City) for professional engineering services associated with the design of a 12” water transmission main (WTM) along Dairy Road. The project will consist of approximately 1,800 linear feet of 12-inch WTM connecting to an existing 12” WTM on the east side of Greeno Road. A cased bore will be required to cross to the west side of Greeno Road where the 12” WTM will run west along the north side of Dairy Road and connect to an existing 8” WTM on the south si de of Dairy Road via an open-cut crossing. SCOPE OF SERVICES A. Preliminary Services 1. Field reconnaissance. 2. Consultation with the City. 3. Site Survey. 4. Discussions with the appropriate entities having jurisdiction. 5. Hydraulic modeling as required. 6. Identification and evaluation of alternatives. 7. Permitting. B. Engineering Design Services 1. Translation of survey maps into working drawings. 2. Design of WTM improvements and modifications. 3. Preparation of Contract Documents. 4. Preparation of estimates of probable construction cost. 5. Review of Contract Documents with the City. 6. Furnish to agencies having jurisdiction the number of sets of Contract Documents required for their review. 7. Preparation of the necessary applications for approval to construct the proposed facilities from such agencies. Page 263 of 370 Mr. Daryl Morefield January 15, 2025 Page 2 8. Design review meetings as required. 9. Furnish deliverables to the City. C. Bid Period Services 1. Advertise the project as required by the City. 2. Email the "Advertisement for Bids" to those contractors engaged in the type of construction work described herein to maximize the interest to bid on the project. 3. Issue Contract Documents to those contractors requesting such. 4. Furnish a representative for attendance at the pre-bid conference. 5. Furnish a representative to attend the bid opening. 6. Tabulate, evaluate and certify the bids received. 7. Evaluate the bid pricing and make a recommendation to the City. 8. Prepare construction Contract Documents for execution by the City and the Contractor to whom the award is made. 9. Review all sets of executed documents for completeness of forms and required attachments. 10. Furnish a representative for attendance at the pre-construction conference. D. Construction Review Services 1. General review of the work is done by an engineer or field representative, who will make periodic reviews at the work site as the project's construction progresses. 2. Review and forward to the City a copy of each reviewed shop drawing, equipment drawing, material specification, laboratory test report, shop and mill test report submitted by the Contractor. 3. Report any observed deviations from the intent of the Contract Documents to the City and recommend to the City any appropriate action to take. 4. Conduct progress meetings as required to ensure the project progresses as it should. 5. Review and present to the City for payment the Contractor's periodic and final estimates of work performed on the project. 6. Upon completion of the work, prepare a "punch list" of items of work, if any, to be corrected by the Contractor. 7. Coordinate with the Contractor to correct any items of work required to complete the project in substantial accordance with the intent of the Contract Documents. 8. Preparation of Record Drawings. Page 264 of 370 Mr. Daryl Morefield January 15, 2025 Page 3 E. Deliverables Krebs will provide the following deliverables to the City: 1. Periodic project status reports to the City. 2. Two (2) hard copy full-size sets of the Contract Documents for each bid package. 3. One (1) complete electronic set of the Contract Documents in PDF format for each bid package. 4. Two (2) certified bid tabulations. 5. Two (2) recommendation letters regarding the award of the construction contract. 6. Three (3) sets of construction contract documents for execution for each bid package. 7. One (1) “punch list” of items of work, if any, to be corrected by the Contractor for each bid package. 8. One set of specifications complete with all addenda for each bid package. 9. One (1) complete electronic set of record documents in PDF format for each bid package. 10. GIS shape files of all the improvements. F. Services Not Provided 1. Full-time onsite Field Representative during the Construction Period. 2. Easement surveys and/or legal descriptions for the necessary easements. 3. Materials Testing services including, but not limited to: Mill, shop and laboratory testing for metallurgical, chemical, and physical characteristics of materials, coatings, welds, and manufactured/fabricated articles or equipment. 4. Miscellaneous Surveys/Assessments/Studies services include but are not limited to, surveys/assessments/studies related to cultural or historical artifacts or remains, endangered animal or vegetative species, wetland delineation or identification, population or economic status, traffic volumes, environmental conditions, or preparation of environmental impact statements. 5. Construction materials testing including, but not limited to: concrete compressive strength, compaction, etc. 6. Litigation services include but are not limited to: Preparation for or appearances before courts or boards on litigation related to the work, except when related to negligent errors and/or omissions by Krebs. Page 265 of 370 Mr. Daryl Morefield January 15, 2025 Page 4 COMPENSATION Fees for Items A through E above will be determined based on time charges, direct job expenses, and sub-consultant expenses, which will be paid to Krebs as compensation. Time charge-based compensation will be computed using the Krebs Standard Hourly Billing Rates/Charges (attached), which are in effect when services are rendered. These time charges plus direct job and sub-consultant expenses will not exceed Sixty Thousand dollars and no cents ($60,000.00), resulting in an approximate total project cost of $700,000.00. The estimated construction cost for the work described herein is approximately $640,000.00 If you have any questions regarding this proposal, please contact us. Sincerely yours, Krebs Engineering, Inc. By____________________________ D. Robert Vaughan, P.E. Associate cc: Caleb Leach; Mark Smith Krebs File No. 24307 Page 266 of 370 Page 267 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1242 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting to approve the award of the Request for Quotes for Labor and Materials for the Water Treatment Plant #2 paving. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for labor and materials for the Water Treatment Plant #2 paving for low bid not-to-exceed cost of $36,324.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the award of the Request for Quotes for Labor and Materials for the Water Treatment Plant #2 paving. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent to three (3) qualified contractors. The lowest quote was from American Asphalt. The Superintendent of Water/Wastewater requests approval to award the Request for Quote to American Asphalt for the not-to-exceed cost of Thirty- Six Thousand Three Hundred Twenty-Four Dollars ($36,324.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59501 System Improvements- Water Plant/Wells $36,324.00 $36,324.00 ($0.00) Budget Well's #2, #5 & #6 repaving in the amount of $100,000.00. GRANT: N/A Page 268 of 370 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 269 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Water Treatment Plant #2 paving to American Asphalt for a not- to-exceed project cost of $36,324.00. This Public Works project will be less than $100,000.00; and therefore, does not need to be formally bid out. DULY ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 270 of 370 Page 271 of 370 Page 272 of 370 Page 273 of 370 Page 274 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1247 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting to approve the awards of the Request for Quotes for Labor and Materials for Water Treatment Plants #5 and #6 Paving. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve the awards of the Request for Quotes for labor and materials for Water Treatment Plants #5 and #6 Paving for low bid not-to-exceed cost of $32,140.50 ($14,634.00 for WTP #5 and $17,506.50 for WTP #6). BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the awards of the Request for Quotes for Labor and Materials for Water Treatment Plants #5 and #6 Paving. These Public Works projects will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent to three (3) qualified contractors. The lowest quotes were from Asphalt Services, Inc. The Superintendent of Water/Wastewater requests approval to award the Request for Quotes to Asphalt Services, Inc. for the not-to- exceed cost of Thirty-Two Thousand One Hundred Forty Dollars ($32,140.50) ($14,634.00 for WTP #5 and $17,506.50 for WTP #6). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59501 System Improvement - Water Plant/Wells $63,676.00 $32,140.50 $31,535.50 Budget Well's #2, #5 & #6 repaving in the amount of $100,000.00. The cost for resurfacing well #2 $36,324.00 GRANT: N/A Page 275 of 370 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 276 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the awards of the Request for Quotes for Labor and Materials for Water Treatment Plants #5 and #6 Paving to Asphalt Services, Inc. for a not-to-exceed project cost of $32,140.50 ($14,634.00 for WTP #5 and $17,506.50 for WTP #6). These Public Works projects will be less than $100,000.00; and therefore, does not need to be formally bid out. DULY ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 277 of 370 Page 278 of 370 Page 279 of 370 Page 280 of 370 Page 281 of 370 Page 282 of 370 Page 283 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1255 FROM:Richard Johnson, CITY ENGINEER SUBJECT:Change Order No. 4 for (Bid No. 036-22) Pump Station and Force Main Maintenance - Phase II with a cost of $226,524.00 due to the extraordinary circumstances related to need for timely completion of the project to protect the health, safety, and welfare of the City’s Sewer Customers; and to award Change Order No. 4 to A-Long Boring, Inc. The new contract total will be $5,351,549.00. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council approves Resolution authorizing Mayor Sherry Sullivan to execute Change Order No. 4 for (Bid No. 036-22) Pump Station and Force Main Maintenance - Phase II with a cost of $226,524.00 due to the extraordinary circumstances related to need for timely completion of the project to protect the health, safety, and welfare of the City’s Sewer Customers; and to award Change Order No. 4 to A-Long Boring, Inc. The new contract total will be $5,351,549.00. BACKGROUND INFORMATION: WHEREAS, on January 13, 2025, the City Council adopted Resolution No. 5334-25 for Change Order No. 4 for (Bid No. 036-22) Pump Station and Force Main Maintenance – Phase II with a cost of $226,524.00 contingent on approval of City Attorney Marcus McDowell; and WHEREAS, Change Order No. 4 was a correction of a significant scrivener’s error in the bid document table of values/bid quantities. There was no change in scope of work or magnitude of work within this change order, just a correction of actual quantities. The bid plans reflected the correct quantities, the bid response table of quantities did not. The contractor built the project per the permit drawings and must be paid for the work performed; and WHEREAS, the City Attorney has advised there is a need to amend this Resolution No. 5334- 25 to reference Change Orders that were warranted due to the extraordinary circumstances related to need for timely completion of the project to protect the health, safety, and welfare of the City’s Sewer Customers; and WHEREAS, on May 1, 2024, the City Engineer issued a white paper outlining the challenges faced by the City’s Sewer Utility if the Project was not completed, tested and running by mid fall 2024. Page 284 of 370 BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget 004020- 59500 WW Sys Imprv - Lift Stations 226,524.00 226,524.00 0.00 Total cost of Phase II including Change Order No. 4 of $226,524.00 is now $5,351,549.00. 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 285 of 370 RESOLUTION NO. _____ WHEREAS, on January 13, 2025, the City Council adopted Resolution No. 5334-25 for Change Order No. 4 for (Bid No. 036-22) Pump Station and Force Main Maintenance – Phase II with a cost of $226,524.00 contingent on approval of City Attorney Marcus McDowell; and WHEREAS, Change Order No. 4 was a correction of a significant scrivener’s error in the bid document table of values/bid quantities. There was no change in scope of work or magnitude of work within this change order, just a correction of actual quantities. The bid plans reflected the correct quantities, the bid response table of quantities did not. The contractor built the project per the permit drawings and must be paid for the work performed; and WHEREAS, the City Attorney has advised there is a need to amend this Resolution No. 5334-25 to reference Change Orders that were warranted due to the extraordinary circumstances related to need for timely completion of the project to protect the health, safety, and welfare of the City’s Sewer Customers; and WHEREAS, on May 1, 2024, the City Engineer issued a white paper outlining the challenges faced by the City’s Sewer Utility if the Project was not completed, tested and running by mid fall 2024; and 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. 4 for (Bid No. 036-22) Pump Station and Force Main Maintenance - Phase II with a cost of $226,524.00 due to the extraordinary circumstances related to need for timely completion of the project to protect the health, safety, and welfare of the City’s Sewer Customers; and to award Change Order No. 4 to A-Long Boring, Inc. The new contract total will be $5,351,549.00. ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 286 of 370 Memorandum From: Richard D. Johnson, P.E., City Engineer To: Jack Burrell, Council President Thru: Sherry Sullivan, Mayor CC: City Attorney; City Clerk; Treasurer; Purchasing; File Date: January 14, 2025 Subject: C.O. No. 4 - Project Force Main Maintenance – Phase II – Bid Number 036-22 Council President: The Council consideration and approval of the above referenced Change Order is warranted due to the extraordinary circumstances related to need for timely completion of the project to protect the health, safety and welfare of the City’s Sewer Customers. On May 1, 2024, this office issued a white paper (attached) outlining the challenges faced by the City’s Sewer Utility if the Project was not completed, tested and running by mid fall 2024. That white paper was shared with the Council in Executive Session. The challenge faced was that the City had issued willingness and ability serve letters to the multiple large developments that were coming online before the anticipated completion of the City’s Sewer Force Main and Lift Station Project. The current sewer system was at max capacity, and any additional loading would lead to system failures resulting in sanitary sewer overflows (SSO’s). Change Orders One and Three were promulgated to address this extraordinary circumstance of a project delivery later than anticipated customer demand. Failure to meet this customer would have resulted in a health, safety and welfare crisis. Change Order Two covered the omission of two large valves. At this point in the project, the cumulative value of the three Change Order was less than the State Bid Law guidance of the 10% maximum and calculated at 9.2% of contract cost. Change Order Four, is a correction of a significant scrivener’s error in the bid document table of values/bid quantities. There was no change in scope of work or magnitude of work within this change order, just a correction of actual quantities. The bid plans reflected the correct quantities, the bid response table of quantities did not. The contractor built the project per the permit drawings and must be paid for the work performed. If it had not been for the extraordinary circumstance that dictated the public safety need for Change Orders One and Three, there would have been no exceedance of the 10% recommended cap of the State Bid Law for Change Orders. Thank you for your Consideration in this matter - RDJ Page 287 of 370 Sewer Demand and Capability to Support Emerging Development at SR104 and SR181 Background: The nexus of development at the node of State Route 104 and State Route 181 has been somewhat astonishing. Within the last few years, the following significant developments have come online or are nearing completion of construction: •USA Mapp Medical Center •North Hills Residential Subdivision •Planters Pointe Commercial – Publix Grocery Store as Anchor •Encounter Development – Multifamily and Mixed Use •Rockwell Development – Multifamily and Mixed Use •Harvest Green East and West – High Density Residential Subdivision These developments represent hundreds of current and future water and sewer customers. Sewer service is the immediate issue. Currently there exist an undersized force main that runs through Country Woods Lift Station (south side of SR104) and then pumps west to CR13, then south on CR13, then west on Fairhope Ave (CR48) until it discharges into the new upgraded force main that outfalls to the sewer treatment plant via Fairwood and Bayou. This system is currently at 100% capacity and additional loading may lead to system failures resulting in sanitary sewer overflows (SSO’s). In response to and planning for the growth within this corridor, the City Sewer Utility has taken the following actions: •Design and Construction of a new upgraded Sewer Force Main from the end of Phase I (referenced above) to the new regional Lift Station at Planters Pointe. Salient details: o Contract Issued to A-Long Boring – May 2023 o Work Started in May 2023 o Contract Amount - $4.88Mil o Contract Time – 365 Working Days – Estimated Completion January 2025 •Design and Construction large capacity Lift Station to be located within the Planters Pointe development on property deeded to the City. Salient details: o Contract Issued to Hill Brothers, Inc. – November 2023 o All material on site – work has not started. o Contract Amount (equipment, labor & incidentals) - $225K o Equipment and Materials (City Provided) - $170K o Contract Time – 105 Calendar Days (Inc. NTP Time) Project(s) Challenges and Constraints: FORCE MAIN: The Force Main Project was originally Advertised for Bid as a 365 Calendar Day Project. By strict interpretation the Project shall take one calendar year (there are allowances for weather, disasters, etc.). All parties were under the impression that the force main would be complete on or about the late summer or early fall of 2024. However, during the pre-bid process a potential bidder requested the contract terms be changed from calendar to working days (an ALDOT White Paper Issued on 05/01/2024 - 1/3 Page 288 of 370 specified workday). The Consulting Engineer honored the request and issued an addendum, thus changing the terms of the contract. Taken at face value, none of the of the City Staff saw any significance in the change. The problem is that one calendar day equals approximately 1.65 working days. Thus, the project went from 365 days to 602 days. LIFT STATION: During the entitlement phase of Planters Pointe, it was determined that a regional lift station at this site would not only serve the development under consideration but serve the greater system for future development in the area. A small temporary lift station was set at Planters Pointe, at the City’s expense, to support the first tenants of the development. In July of 2022 the developer’s engineers prepared and submitted a site plan and legal description for the permanent lift station within the development. The City engaged the same engineers to design both the force main (discussed above) and regional lift station projects. This was done for coordination purposes. Contracts were executed in the Fall of 2023 and materials order. The wet well was delivered in early 2024. However, once the City requested the conveyance of the property – the developer reneged on his commitment to provide the lift station site. The lift station project could not commence until we had legal ownership of the lift station site. The Developer has not acquiesced to providing the property causing indefinite project delay. Response to Challenges: The current force main and daisy chain of lift stations are operating at maximum capacity. With the anticipated issuance of CO’s in Harvest Green, Rockwell and Encounter the system will be taxed beyond any feasible capacity. The new lift station and/or force main must come online prior to these new customers. The following actions have resulted in the following options: Force Main Project: •Requested the Contractor offer cost options to advance the project timeline. •The Contractor has the availability and a commitment from a sub to bring in an additional large boring rig/team to advance the project completion to the target date of 10/26/2024. This CO would accomplish two things: o Convert the project contract time to Calendar Days – 166 (Following Council Approval (speculative) on 05/13/2024). o Set the completion date to 10/26/2024 – shortening the project 60-90 calendar days. •The cost would be $176,000.00. o There are no cost savings in this action – even though the GC is saving on his labor cost by shortening the time on his end – he is paying an out-of-town crew the same labor dollars plus food, lodging and incidentals. o There is a hard cost associated with the equipment mobilization and operation – a second full large drill rig with associated equipment and crew. •This is a basic time vs. money consideration. In the “big picture" it is a 3.75%-dollar Change Order. White Paper Issued on 05/01/2024 - 2/3 Page 289 of 370 Lift Station Project: •Under the direction of City Leadership – we have abandoned the hope that the developer will honor his commitment to provide the lift station property. •We have requested of ALDOT approval to locate the lift station on State Route 181 ROW – ALDOT has been favorable to the City’s request. They may choose one of many options to accomplish this: o Via a Utility ROW Permit o Via a lease arrangement o Via a fee simple purchase •Engaged A. Bobe, PE – Dewberry to assist in this process. He has accomplished: o An engineered site plan for the new PPLS to be located on SR181 ROW. o Prepared a preliminary ALDOT Utility ROW Permit Application •Our goal is to have ALDOT approval – in whatever form it takes by June of 2024 •This would allow a working lift station by September/October of 2024 Of particular concern – on Tuesday, April 30th when the site contractor for Harvest Green was testing/certifying their systems and drawing down the wet wells of their localized lift stations – they instantly overloaded the downstream lift stations. The City had to suspend the drawdown and testing. There is no remaining capacity downstream in the current system – it is imperative we get these system upgrades online simultaneously prior to the arrival of the new customers. White Paper Issued on 05/01/2024 - 3/3 Page 290 of 370 CHANGE CITY OF FAIRHOPE ORDER REQUEST OWNER: CITY OF FAIRHOPE ARCHITECT/ENGINEER: Matthew C. Rogers, PE – Thompson Engineering CONTRACTOR: A-Long Boring, Inc. PROJECT: Project Force Main Maintenance – Phase II – Bid Number 036-22 CHANGE ORDER REQUEST NO. #4 (No. Four) DATE: December 16, 2024 1. DESCRIPTION OF CHANGE: In the original Unit Quantities of the Bid Line No. 9 (645C500) – Ductile Iron Fittings, there was a significant “Bust” in the listed (projected) quantity. 6650 lbs. was listed and bid upon when the actual quantity was 16,960 lbs. At a unit price of $40.00/Lbs. this represents a significant cost differential of $412,400.00. However, in other quantities there were underruns and resultant cost savings. To close out the project, make semifinal payment and release the retainage, an additional $226,524.00 must be appropriated to the contract. 2. CHANGE ORDER COSTS: $226,524.00 Proposal Attached See Quantities Below Cost Estimated/Proposal Required Item Quantity Material Unit Price Labor (Hours) Labor Unit Price Sub-Total Cost a. No. 9 (645C500) – Ductile Iron Fittings 5663.1 $40.00 Inc Inc $226,524.00 b. TOTAL: $226,524.00 3. INSTITUTED BY: Richard D. Johnson, PE (City Engineer), Daryl Morefield (Water/Sewer Superintendent), Matthew C. Rogers, PE (Project Engineer) and Contractor: A-Long Boring, Inc. 4. JUSTIFICATION OF NEED: This is just a missed quantities correction. The plans showed all required fittings for this massive sewer force main project. The Utility Contractor installed all fittings per the plans and with the specified materials. The actual quantities have been field-verified by Thompson Engineers Project Managers and Construction Inspectors. The City is required to pay for the actual quantities received in the work product. . 5. JUSTIFICATION OF CHANGE ORDER VERSUS COMPETITIVE BIDDING: This C.O. represents a overall contract change of 4.42% - the fittings in question were competitively bid as required by State Bid Law. *If more than 3 items, provide attachments. Page 291 of 370 6. COSTS REVIEW: C.O. in the amount of $226,524.00 represents an increase change in contract of 4.42% - and payment for goods and services is required. The original contract, as amended, was $5,125,025.00, and the new (and final) contract amount shall be $5,351,549.00. 7. THIS CHANGE ORDER IS SUBMITTED FOR REVIEW AND APPROVAL AND IS CLASSIFIED AS THE FOLLOWING TYPE: Minor change of a total monetary value less than required for competitive bidding. Changes for matters relatively minor and incidental to the original contract necessitated by unforeseeable circumstances arising during the course of work. Emergencies arising during the course of work. Change or alternates provided for in the original bidding where there is no difference in price of the Change Order from the original best bid on the Alternate. Change of relatively minor terms not contemplated when the plans and specifications were prepared and the Project was bid and which are in the public interest and do not exceed 10% of the Contract Price. 8. EXTENSION OF TIME REQUESTED: No time requested or warranted by this Change Order. RECOMMENDED: APPROVED: BY: BY: N/A 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 Page 292 of 370 Page 293 of 370 Page 294 of 370 Page 295 of 370 Page 296 of 370 Page 297 of 370 Page 298 of 370 Page 299 of 370 Page 300 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1245 FROM: Stephanie Hollinghead, Chief SUBJECT: The Police Chief, Stephanie Hollinghead, is requesting to procure two (2) Chevrolet Tahoes with the police package for the Police Department. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-021 for Two (2) New 2024 or 2025 Chevrolet Tahoes 2WD Commercial to Donohoo Chevrolet for not-to-exceed cost of $99,732.00, including delivery. BACKGROUND INFORMATION: A bid was issued on January 3, 2025 and posted to the City of Fairhope's website. Two (2) responsive bids were received at the bid opening on January 14, 2025 at 3:00 p.m. Donohoo Chevrolet provided the low bid for two (2) Chevrolet Tahoes with police package. The low bid cost is: 2024 Chevrolet Tahoe Patrol Vehicle $49,866.00 each, including delivery. The total bid cost is $99,732.00. The Police Chief recommends the award be made to Donohoo Chevrolet. Their total bid response price for Two (2) New 2024 or 2025 Chevrolet Tahoes 2WD Commercial was Ninety-Nine Thousand Seven Hundred Thirty-Two Dollars ($99,732.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150- 50470 Purchases Vehicles & Equipment $121,060.00 $99,732.00 $21,328.00 Original budget was 4 Chevy Tahoes at $60,530.00 each. GRANT: N/A Page 301 of 370 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 302 of 370 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for Two (2) New 2024 or 2025 Chevrolet Tahoes 2WD Commercial for the Police Department (Bid Number 25-021) for the City of Fairhope. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Donohoo Chevrolet $49,866.00 Hardy Chevrolet Buick GMC, Inc. $50,869.00 [3] After evaluating the bid proposals with the required bid specifications, Donohoo Chevrolet is now awarded the bid for Two (2) New 2024 or 2025 Chevrolet Tahoes 2WD Commercial for the Police Department for bid proposal not-to-exceed of $99,732.00. Adopted on this 27th day of January, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 303 of 370 Page 304 of 370 Page 305 of 370 Page 306 of 370 Page 307 of 370 Page 308 of 370 Page 309 of 370 Page 310 of 370 Page 311 of 370 Page 312 of 370 Page 313 of 370 Page 314 of 370 Page 315 of 370 Page 316 of 370 Page 317 of 370 Page 318 of 370 Page 319 of 370 Page 320 of 370 Page 321 of 370 Page 322 of 370 Page 323 of 370 Page 324 of 370 Page 325 of 370 Page 326 of 370 Page 327 of 370 Page 328 of 370 Page 329 of 370 Page 330 of 370 Page 331 of 370 Page 332 of 370 Page 333 of 370 Page 334 of 370 Page 335 of 370 Page 336 of 370 Page 337 of 370 PRF - 2 Police Tahoes Final Audit Report 2024-12-20 Created:2024-12-19 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAa7723gGNkcDzmzDeQohV3W95hQ91ifIf "PRF - 2 Police Tahoes" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-12-19 - 8:32:13 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-12-19 - 8:32:36 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-12-20 - 2:18:53 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-12-20 - 2:19:31 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-12-20 - 2:19:32 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-12-20 - 5:52:55 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-12-20 - 5:52:56 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-12-20 - 7:41:39 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-12-20 - 7:41:59 PM GMT - Time Source: server Agreement completed. 2024-12-20 - 7:41:59 PM GMT Page 338 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1239 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting the hiring for Professional Engineering Services for the Gas Main Replacement Underneath I-10. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve negotiated not-to-exceed amount of $64,100.00 for this project and allow the Mayor to execute a contract with Sawgrass Consulting, LLC. BACKGROUND INFORMATION: The Superintendent of Gas Department and the Gas Project Manager are requesting the hiring of a professional engineering firm for 2,500' of high-pressure gas main to be reinstalled via directional drilling on the east side of Highway 98 and underneath Interstate 10. The work to be performed is for professional engineering associated with the project, which will include the following: • Topographic Survey • Utility Coordination/As-Builts Collection/Meetings • ALDOT Coordination for New Interchange Design • City of Daphne Permitting (if required) • ALDOT Permitting • Plan Development • Specifications and Bidding Assistance The Mayor and The Superintendent of Gas Department would like to establish a not-to- exceed amount for Professional Engineering Services of Sixty-Four Thousand One Hundred Dollars ($64,100.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 339 of 370 002-59500 Capital Sys Improvement $64,000.00 $64,100.00 ($0.00) Engineering, design and construction total budget $600,000.00 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 340 of 370 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 Sawgrass Consulting, LLC for Professional Engineering Services for the Gas Main Replacement Underneath I-10 Project (RFQ PS25-014) with a not-to-exceed amount of $64,100.00. ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 341 of 370 Page 342 of 370 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Tristan Kennedy Date: 12/17/2024 Department: Natural Gas 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. Sawgrass Consulting LLC. $ 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 2. What is the total cost of the item or service? TBD 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? 100,000 3. Budget code: 59500 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 343 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1241 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting the hiring for Professional Engineering Services to create and configure the forms and workflows for Gas Leak Report and Repair, Gas Primary Work Order, Gas Inspection Report and Meter Workorder. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve negotiated contract amount of $23,840.00 for this project and allow the Mayor to execute a contract with Magnolia River Services, Inc. BACKGROUND INFORMATION: The Superintendent of Gas Department is requesting the hiring of a professional engineering firm to create and configure the forms and workflows for Gas Leak Report and Repair, Gas Primary Work Order, Gas Inspection Report and Meter Workorder. The proposed scope of work shall include: • New forms for Gas Leak Report and Repair, Gas Primary Workorder, Gas Inspection Report, and Meter Workorder • New GPS Feature Class set up and configuration for collecting GPS data into FlowGIS • Geotask Setup and Configuration – Geotask Rules will be configured • Training for the new forms • Standard Reports configured in Geotask Dashboard for the new workflows The Mayor and The Superintendent of Gas Department would like to establish a contract amount for Professional Engineering Services of Twenty-Three Thousand Eight Hundred Forty Dollars ($23,840.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-50290 Professional Services $23,840.00 $23,840.00 ($0.00) Page 344 of 370 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 345 of 370 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 Magnolia River Services, Inc. for Professional Engineering Services for New FlowGIS Forms and Workflow (RFQ PS25-016) with a contract amount of $23,840.00. ADOPTED ON THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 346 of 370 1 Client Order Number 12.2022-06 issued under Client Contract Date Issued: October 7, 2024 Client: City of Fairhope, Alabama Magnolia River: Magnolia River Services, Inc. Client Contract: Contract for Professional Engineering Services by and between Client and Magnolia River dated November 2, 2022, and any amendments thereto. Project Name: New FlowGIS Forms and Workflows Work to Be Performed by Magnolia River: FlowGIS Form Design and Implementation: Magnolia River will create and configure the forms and workflows for Gas Leak Report and Repair, Gas Primary Workorder, Gas Inspection Report and Meter Workorder. The Forms and Workflows will include the following: • New forms for Gas Leak Report and Repair, Gas Primary Workorder, Gas Inspection Report and Meter Workorder – The new forms will be designed based on the form design document the Client submitted to Magnolia River for each of the forms. • New GPS Feature Class set up and configuration for collecting GPS data into FlowGIS. The current feature classes will be used to set up collection forms for data to be collected into FlowGIS. Collection forms will be set up for the point and the line feature classes that will be used for collecting data. The collected GPS data will go into the new GPS feature classes when collected in FlowGIS. • Geotask Setup and Configuration – Geotask Rules will be configured for each of the new forms and workflows, as well as the new collection rules for GPS data collection. • Training – One (1) day of training for the new forms will be scheduled and conducted after the forms are completed and approved by the client. • Reports – Standard Reports will be configured in Geotask Dashboard for the new workflows. The forms will be designed based on form design layout documents submitted by the Client. The GPS data collection forms will be created using the current gas feature classes as a template. After the forms and workflows are completed, any additional customization of the form(s) will be subject to additional charges. Page 347 of 370 2 Work Assumptions: • The Client will provide timely and accurate information to Magnolia River. Magnolia River may rely on the accuracy and completeness of such information provided by the Client. • The content and behavior required for each form and workflow will be based on the specifications from the Client. Any changes to content and behavior after completion may result in additional charges. • The Client’s FlowGIS users will need to download a new snapshot of the database after the forms are completed and ready. This will involve deleting the current copy of the database from the device and re-downloading the database. This may require some downtime for users while they delete and re-download the database and should be performed in the office on a Wi-Fi connection, preferably. • Magnolia River will review the requirements of each workflow and review it with the Client for accuracy. • The content and behavior of each workflow will be developed based on the capabilities available in the most recent release of FlowGIS application. • If certain features do not exist in the most recent release of FlowGIS but exist in a development build and are planned to be released in the near future, the Client will be informed accordingly. In such case, the Tech Lead and the Client will decide whether it would be necessary to wait and develop the new form or functionality after such capability is being released to production. • If certain capabilities that are required by the Client do not exist in the most recent FlowGIS release and it is not on the roadmap for a release in the near future, the Client will be informed accordingly. Deliverables: • Form and Workflows for the following: o Gas Leak Report and Repair o Gas Primary Workorder o Gas Inspection Report o Meter Work Order o GPS data collection forms • Geotask setup and configuration • Standard Reports configuration for each workflow for use in FGX Dashboard • Training – One (1) day of training on the new forms in FlowGIS Delivery Date: On or before February 28, 2025 Note: If the scope of work changes, or unforeseen schedule constraints of the parties involved delay the project completion, the Delivery Date will be subject to change. Compensation to Be Paid to Magnolia River: Charges for this work shall be paid on a firm, fixed price basis in the amount of $23,840.00. * Travel expenses for on-site Training will be invoiced in addition to the Setup and Training Fee. Page 348 of 370 3 Invoicing and Payment Terms: This pricing is valid if executed within 90 days of the date of this client order. Terms are Net 30, invoiced at completion of work. Insurance Requirements: Client’s insurance requirements for Magnolia River shall be included in each Client Order executed by the Parties. In the absence of such insurance requirements, Magnolia River shall maintain the below uniform coverage and limits, at a minimum. Upon the request of Client, Magnolia River shall provide evidence of insurance to Client, and such evidence of insurance shall list Client as an additional insured. General Liability $1,000,000 Umbrella Insurance (insuring over auto liability and general liability) $5,000,000 Professional Liability $5,000,000 Auto Liability $1,000,000 Cyber Liability $2,000,000 Workers’ Compensation Statutory Requirement Other Pertinent Information: Magnolia River reserves the right to terminate and/or suspend all or part of this Client Order upon a material breach of the Client Contract by Client. If Magnolia River elects to terminate or suspend all or part of this Client Order, Magnolia River shall be entitled to be paid for time and materials actually worked, or if the Client Order is for a lump sum/fixed fee, Magnolia River shall be entitled to be paid for that percentage of the work order actually completed. Client waives and releases any and all claims against Magnolia River for loss of profits, incidental, special, exemplary, or consequential damages that result from the early termination or suspension of all or part of this Client Order. Client By: Print Name: Its: Magnolia River By: Print Name: Its: Page 349 of 370 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Taylor Wesson Date: 12/30/24 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. Magnolia River Services Inc. $ $23,840.00 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? FlowGIS software workflow edits/ additions for daily work orders. 2. What is the total cost of the item or service? $23,840.00. 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Magnolia River Services inc. 6. Vendor Number: 3187 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 350 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1251 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, and the Assistant Superintendent of Gas Department, Taylor Wesson, are requesting approval for a contract amendment for RFQ PS015-22 Natural Gas Engineering Consulting Services to add Engineering Services, GIS Services, and Inspection Services for Phase II of the Cast Iron Pipe Replacement Project. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: To approve Contract Amendment No. 2 for RFQ PS015-22 Natural Gas Engineering Consulting Services to add Engineering Services, GIS Services, and Field Inspection Services for Phase II of the Cast Iron Pipe Replacement Project. The not-to-exceed cost is $714,766.50, and total contract price will be not-to-exceed $1,714,766.50. BACKGROUND INFORMATION: The Superintendent of Gas Department, Wes Boyett, and the Assistant Superintendent of Gas Department, Taylor Wesson, are requesting approval for a contract amendment No. 2 for RFQ PS015-22 Natural Gas Engineering Consulting Services to add Engineering Services, GIS Services, and Field Inspection Services for Phase II of the Cast Iron Pipe Replacement Project. The Deliverables for this Contract Amendment No. 2 will include: • Project estimate for the replacement project that encompasses Engineering, Field Inspections, GIS, and Software Services. • Contractor Bid Package including Intended for Construction Drawings • Design Drawings The additional cost will be Seven Hundred Fourteen Thousand Seven Hundred Sixty- Six Dollars and Fifty Cents ($714,766.50). The total not-to-exceed contract amount will be One Million Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($1,714,766.50) Previous Council Action: City of Fairhope approved the contract for RFQ PS015-22 for Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. on Page 351 of 370 October 10, 2022 (Resolution No. 4576-22). The total contract award was Five Hundred Thousand Dollars ($500,000.00). Previous Council Action: City of Fairhope approved the Contract Amendment No. 1 for RFQ PS015-22 for Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. on October 10, 2023 (Resolution No. 4889-23). The total contract amendment award was Five Hundred Thousand Dollars ($500,000.00), increasing the total contract cost to One Million Dollars ($1,000,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-59500 Capital Sys Improvements $714,766.50 $714,766.50 ($0.00) Engineering and Design for phase 2 and 3 plus construction of phase 2 was budget at $4,523,000.00 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 352 of 370 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract amendment with Magnolia River Services, Inc. for Professional Natural Gas Engineering Consulting Services (RFQ PS015-22) with a not-to-exceed amount of $714,766.50. The new contract total will be $1,714,766.50. DULY ADOPTED THIS 27TH DAY OF JANUARY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 353 of 370 RESOLUTION NO. 4576-22 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 for Natural Gas Engineering Consulting Services with Magnolia River and approves the negotiated Proposed Rate Schedule for (RFQ PS0 15-22) with a not-to-exceed amount $500,0 00 .00 . DULY ADOPTED THIS 10TH DAY OF OCTOBER, 2022 Attest: ~~~4ifL ~anks,MC City Clerk Page 354 of 370 1 Client Order Number _CoF1-20241119 issued under Client Contract Date Issued: December 4, 2024 Client: City of Fairhope, Alabama Magnolia River: Magnolia River Services, Inc. Client Contract: Contract for Professional Engineering Services by and between Client and Magnolia River dated November 2, 2022, and any amendments thereto. Project Name: Cast Iron Replacement Phase 2 GIS: GIS Inspection Support: Magnolia River GIS personnel will support Magnolia River field inspection personnel with technical assistance on GNSS data collection hardware and software, FieldLogIQ technical assistance, and QA/QC of GNSS Asset Data Collection for Digital GIS As-builts. • GNSS Hardware and Software Technical Assistance: Magnolia River GIS technician(s) will provide initial onsite technical assistance with the configuration and operation of selected GPS hardware and accompanying mobile application(s) for the spatial data capture of natural gas assets being installed. Ongoing technical assistance for GNSS hardware and software will continue on an as-needed basis to maintain efficient operation in the support of construction activities. • FieldLogIQ Technical Assistance: Magnolia River GIS technician(s) will provide ongoing technical assistance to Magnolia River construction inspector(s) of the Magnolia River application, FieldLogIQ, on an as needed basis to maintain efficient operation in the support of construction activities. Assistance will include, but not limited to, troubleshooting application access, functionality, and data entry. • QA/QC of GNSS Asset Data Collection & Digital GIS As-builts: Magnolia River GIS technicians(s) will ensure that the spatial accuracy of the collected GNSS assets meet the tolerance requirements of sub-meter accuracy (ie. Less than 3.28 feet). Additionally, will maintain quality control of attributes associated with the spatial locations of assets by the minimum standards stated below ensuring that the two (2) systems of record, GIS and FieldLogIQ maintain quality and a 1:1 consistency between each system. Quality Control of the GIS digital mapping will consist of ensuring that all installed assets are displayed and measurements are called out according to the Client's specifications. Deliverables: Magnolia River’s GIS team will digitize the GPS points obtained by the Field Inspectors and import the data directly into the Client’s ESRI ArcGIS Pro software. Mains and service lines will be drawn in directly into the Client’s system. Assumption: Magnolia River’s GIS team will need access to the Client’s GIS software in order to complete the deliverable. Page 355 of 370 2 Inspection: Field Inspection: Magnolia River Inspectors will observe the installation, pressure testing, and in-service procedures for approximately: • 35,058’ of 2” PE main • 673’ of 4” PE main • 786 commercial and residential services Inspection Services are as follows: Magnolia River Inspector's role is to observe and document the construction activities of the Pipeline Contractor. The Inspector represents the Client in a professional and courteous manner, while functioning as a liaison to all interested parties. The Inspector works with the Construction Crew Foreman to resolve any issues related to the project that may affect job flow and service to the Client’s customers. The Inspector's role, however, does not include managing or directing construction crews. The Inspector verifies that the Pipeline Contractor performs all aspects of work according to the Client’s policies and procedures along with Federal, state, and/or local requirements. Additionally, the Inspector verifies that Operator Qualifications for the construction crew employees are current, meet Client and regulatory requirements, and are available on the project worksite. Any deviations are reported to the Client. Magnolia River recommends the Client utilize Inspectors to observe and document that the construction and/or repair work conforms to applicable: o Manufacturer's specifications o Federal, state, and local regulations o Client standards and specifications Ideally, one (1) Inspector is assigned to one (1) project staffed with one or two (1 or 2) crews. Assignment to multiple projects or crews decreases the Inspector’s ability to observe and document critical areas of construction, and adherence to the items listed above. The Inspector assists the Construction Contractor with coordination to maintain and adhere to construction schedules. The Inspector may also assist with customer contact prior to and during construction activities. The Inspector notifies the Client immediately whenever project specifications including, but not limited to, construction standards, safety policies, or environmental protocols, are not being met. The Client maintains responsibility for suspending the contractor’s work. The Inspector does not have the authority to suspend the contractor’s work, unless granted by the Client’s leadership. During construction activities: • GPS locating for digital mapping purposes as handled by Magnolia River’s GIS team • Monitor the overall job-site appearance. • Observe if construction crews are meeting the requirements of all applicable safety policies - as may be required by the Client’s safety manual, a copy of Page 356 of 370 3 which the Client shall provide to Magnolia River before work begins on the project. • Observe construction crew personnel and verify they are properly qualified for the work they are performing (OQs). o Note that qualified individuals for welding have the appropriate up to date welding certification. o Contact the appropriate Client representative for assistance verifying OQs for the construction crews • Periodically review field locates to confirm they are being maintained and updated as needed by the Construction Contractor. • Note the Client’s pressure testing procedures are followed. Examples of areas to observe include, but are not limited to: o Environmental needs for hydrostatic water discharge o Test pressures o Test durations o Test recorders calibration is current o Test charts are appropriately documented and signed • Periodically observe excavations are in accordance with: o Proper size and depth o Shoring or shielding is utilized if deeper than OSHA standards o Integrity of and clearance from other facilities, (i.e., tiles, water, electric, sewer, etc.) o Debris removal before backfilling • Periodically observe, and if possible, document pipe installation for: o Proper depth and location o Periodically witness the construction crew spot check the depth of main for all trenchless pipe installation o Utilize protective sleeves where necessary o Proper vents and spacers when casings are installed o Proper materials are utilized (i.e., correct tee, fittings, etc.) o Unaltered fitting (not cut down) o Manufacturer's installation specifications are followed o Proper material handling o Proper boring methods o Observes and documents the Contractor's efforts to locate all utilities and has avoided all cross bores o Collect photographs of pertinent activities for inclusion on Daily Report in FieldLogIQ o Limited visual inspection of steel welding procedures. o Observe that the proper pipeline purging process is followed per the Client’s approved purge plan • Polyethylene Pipe tasks periodically observed: o Tracer wire installation/connections o Fusion/joining procedure and integrity o Proper fusion iron temperature and heater plate condition o Heating, fusion, and cooling times • Restoration o Review final grade requirements for blacktop, concrete, topsoil, etc. o Note backfilling (materials, compaction, etc.) o Work with the Client to schedule final restoration approval with the local authorities Page 357 of 370 4 responsible for hard/soft surfaces. Any issues identified through the approval process will be addressed with the Construction Contractor for immediate corrective action o Verify restoration has been completed within the timeframe established by the Client o Note the permit requirements for local municipalities, or the applicable governing bodies Deliverables: Daily logs will be sent to the Client via email daily. Weekly update reports will be sent to the Client as well. Engineering: Design and Bid Package: • Delivery of Engineering design drawing in one phase for Issue for Construction o This will be a PDF design drawing and completed using AutoCAD o Drawings will show the horizontal approximate location of existing cast iron pipe and the horizontal designed proposed pipelines to be installed o Drawings will be provided for bidding, permitting, and construction • Develop bid package for the Client and assist during bidding process • Provide analysis of all vendor/contractor responses and recommendations Provide Project Management services during the life of the project. Included in the management services will be construction updates and budget analysis monthly. Deliverables: • Project cost estimate for the replacement project that encompasses Engineering, Inspection, GIS, and Software services • Contractor Bid Package including Intended for Construction drawings • Design Drawings Delivery Date(s): Design Drawings – 10 December, 2024 Project Estimate – 13 December, 2024 Compensation to Be Paid to Magnolia River: Charges for this Work shall be on a time and materials basis at the following rate(s) attached on Exhibit 1. The total compensation (“NTE Amount”) authorized by this Client Order is $714,766.50. Compensation that exceeds the NTE Amount will require additional work authorization from the Client. Any on-site training travel expenses will be invoiced in addition to what is outlined above. Page 358 of 370 5 Invoicing and Payment Terms: Progress billing will be submitted; invoices are Net 30 days. Insurance Requirements: Client’s insurance requirements for Magnolia River shall be included in each Client Order executed by the Parties. In the absence of such insurance requirements, Magnolia River shall maintain the below uniform coverage and limits, at a minimum. Upon the request of Client, Magnolia River shall provide evidence of insurance to Client, and such evidence of insurance shall list Client as an additional insured. General Liability $1,000,000 Umbrella Insurance (insuring over auto liability and general liability) $5,000,000 Professional Liability $5,000,000 Auto Liability $1,000,000 Cyber Liability $2,000,000 Workers’ Compensation Statutory Requirement Other Pertinent Information: Magnolia River reserves the right to terminate and/or suspend all or part of this Client Order upon a material breach of the Client Contract by Client. If Magnolia River elects to terminate or suspend all or part of this Client Order, Magnolia River shall be entitled to be paid for time and materials actually worked, or if the Client Order is for a lump sum/fixed fee, Magnolia River shall be entitled to be paid for that percentage of the work order actually completed. Client waives and releases any and all claims against Magnolia River for loss of profits, incidental, special, exemplary or consequential damages that result from the early termination or suspension of all or part of this Client Order. Client Magnolia River By: By: Print Name: Print Name: Hayden Strickland Its: Its: President Page 359 of 370 Page 1 of 3 Confidentiality Disclaimer: The information contained in this document is confidential, privileged and only for the use of the named client, and may not be used, published or redistributed without the prior written consent of Magnolia River. Proposed Rate Schedule Rates valid from 1/1/2025 until 12/31/2027 Provided by Magnolia River Services, Inc. (“Magnolia River”) For City of Fairhope (“Client”) Labor Classification Hourly Rate (US$) Position Rate OT ENG Professional Engineer/Technical Lead $ 197.00 Project/Program Manager $ 197.00 Senior Design Engineer/Assistant PM $ 154.00 Design Engineer/Project Specialist $ 131.00 Project Coordinator/Technical Writer $ 126.00 Senior Drafting Technician $ 104.00 $ 148.00 Drafting Technician $ 92.00 $ 130.00 Position Rate OT GIS GIS System Architect $ 245.00 Senior Professional GIS Consultant $ 225.00 GIS Professional Technical Consultant $ 202.00 GIS Program Manager $ 192.00 GIS Project Manager $ 148.00 Senior GIS Analyst $ 137.00 Senior GIS Technician $ 121.00 $ 171.00 GIS Analyst $ 99.00 $ 140.00 GIS Technician $ 93.00 $ 118.00 GPS Field Technician $ 83.00 $ 123.00 Position Rate OT INSP Chief Inspector $ 126.00 $ 179.00 Inspection Manager $ 121.00 Craft Inspector (CWI/CPWI/NACE/Environmental) $ 104.00 $ 150.00 Utility Inspector $ 83.50 $ 119.50 Position Rate OT ADMIN Administration/Accounting $ 69.00 $ 98.00 • Hours in excess of forty (40) hours per week will be charged at the overtime rate for non-exempt positions. • The Client expressly understands and agrees that all Magnolia River inspection services contracted for herein shall be for the sole benefit of the Client. Magnolia River, as the contractor providing inspection services shall not be liable for any facet of the infrastructure installation performed by the Construction Contractor or is subcontractors. Magnolia River is responsible for observing and Page 360 of 370 Page 2 of 3 Confidentiality Disclaimer: The information contained in this document is confidential, privileged and only for the use of the named client, and may not be used, published or redistributed without the prior written consent of Magnolia River. documenting the installation of the Client assets, providing mapping grade GPS data when contracted, observe the Construction Contractor is following manufacturer’s procedures, federal, state and Client policies and procedures for the infrastructure installation. If the Client instructs for GPS data collection by the inspector, a $4/hour rate adder will apply. Magnolia River personnel shall not manage or direct the Construction Contractor in its duties. If Magnolia River inspection personnel observe any violations or deficiencies in the infrastructure installation process, the Client shall be notified by Magnolia River orally and followed up in writing. Once Magnolia River notifies the Client of any deficiencies or violations referenced above then its duties and obligations under this Contract shall be deemed to have been met. It is the Client or its agents, not Magnolia River, who must then address those deficiencies or violations with the Construction Contractor. The Client specifically releases Magnolia River from any claims, suits, demands or liability of any type arising from the installation process or from any other work associated with the project other than the specific inspection services offered and agreed upon to be performed herein by Magnolia River. • Should Client or Construction Contractor discontinue the execution of work for any reason, Magnolia River will be provided at least thirty (30) full business days’ advance notice of this intent. Without such notice, Client will be charged eight (8) hours for the day past the discontinuation of work at the above-stated rate for the personnel assigned to the project. • In the event in which an inspector is designated and ready for work on the project, but the project is delayed for more than one (1) working day, the Client will be billed for eight (8) hours plus per diem for each day the inspector is on standby. • In case of inclement weather or stoppage of work by Client or Construction Contractor, Client agrees to pay Magnolia River at the applicable hourly rate: two (2) hours minimum, up to two (2) hours worked. If the work commences more than two hours, but up to four (4) hours, Client will pay four (4) hours. If work is performed over four (4) hours but less than eight (8) hours, Client agrees to pay Magnolia River for eight (8) hours per person. • Subsistence for lodging, meals, and incidentals as defined by the GSA is guaranteed and will be billed to the client for scheduled worked days plus one (1). Example: For a four (4) day work week five (5) days per diem will be charged. For a five (5) day work week six (6) days per diem will be charged etc. Per diem paid will be based on the current (GSA) schedule for the location of the project. − Mileage for mobilization and demobilization will be billed at the standard IRS rate to/from the Magnolia River employee home office/home site to the project site − Travel time for mobilization and demobilization will be billed at the hourly rate which corresponds with the labor category Page 361 of 370 Page 3 of 3 Confidentiality Disclaimer: The information contained in this document is confidential, privileged and only for the use of the named client, and may not be used, published or redistributed without the prior written consent of Magnolia River. − Per diem (lodging and meals) for mobilization and demobilization for the number of required travel days to/from the project location • Mileage for travel from Client’s designated daily reporting office to first job site and to any additional sites where services will be rendered shall be billed separately from the hourly rate and at the standard IRS mileage rate. • Rates listed will increase each year by 3%, with the initial increase going into effect on 01/01/2026 and subsequent increases effective every year thereafter on 01/01, unless mutually agreed to otherwise in writing by Magnolia River and Client. • Non-GSA travel costs (airfare, rental car, etc.) and Other Direct Costs (ODC) incurred by Magnolia River, such as equipment rental, software license fees/maintenance, shipping, etc., will be invoiced to Client separately at cost plus 15%. (Not applicable to positions in the INSP rate category above.) • A maximum of eight (8) hours travel time per day will be charged for travel. • The hourly rates are inclusive of a laptop, cell phone, wireless hotspot, and various inspection hand tools. • All sub-contractor invoicing shall be at cost plus 20% markup. (A copy of sub- contractor invoices shall be attached with the Magnolia River invoice at time of submission). City of Fairhope Accepted By: Print Name: Its: Date: Magnolia River Services, Inc. Accepted By: Print Name: Its: Date: Page 362 of 370 Escalation %: 3% Client: City of Fairhope Effective Date 1/1/2025 1/1/2026 1/1/2027 Position Std Rate OT Rate Std Rate OT Rate Std Rate OT Rate ENG Professional Engineer/Technical Lead $ 197.00 $ 203.00 $ - $ 209.00 $ - Project/Program Manager $ 197.00 $ 203.00 $ - $ 209.00 $ - Senior Design Engineer/Assistant PM $ 154.00 $ 158.50 $ - $ 163.25 $ - Design Engineer/Project Specialist $ 131.00 $ 135.00 $ - $ 139.00 $ - Project Coordinator/Technical Writer $ 126.00 $ 129.75 $ - $ 133.75 $ - Senior Drafting Technician $ 104.00 $ 148.00 $ 107.00 $ 152.50 $ 110.25 $ 157.00 Drafting Technician $ 92.00 $ 130.00 $ 94.75 $ 134.00 $ 97.50 $ 138.00 GIS Systems Architect $ 245.00 $ 252.25 $ - $ 259.75 $ - Senior Professional GIS Consultant $ 225.00 $ 231.75 $ - $ 238.75 $ - Professional GIS Technical Consultant $ 202.00 $ 208.00 $ - $ 214.25 $ - GIS Program Manager $ 192.00 $ 197.75 $ - $ 203.75 $ - GIS Project Manager $ 148.00 $ 152.50 $ - $ 157.00 $ - Senior GIS Analyst $ 137.00 $ 141.00 $ - $ 145.25 $ - GIS Analyst $ 121.00 $ 171.00 $ 124.75 $ 176.25 $ 128.50 $ 181.50 Senior GIS Technician $ 99.00 $ 140.00 $ 102.00 $ 144.25 $ 105.00 $ 148.50 GIS Technician $ 93.00 $ 118.00 $ 95.75 $ 121.50 $ 98.50 $ 125.25 GPS Field Technician $ 83.00 $ 123.00 $ 85.50 $ 126.75 $ 88.00 $ 130.50 INSP Chief Inspector $ 126.00 $ 179.00 $ 129.75 $ 184.25 $ 133.75 $ 189.75 Inspection Manager $ 121.00 $ 124.75 $ - $ 128.50 $ - Craft Inspector (CWI/CPWI/NACE/Environment $ 104.00 $ 150.00 $ 107.00 $ 154.50 $ 110.25 $ 159.25 Utility Inspector $ 83.50 $ 119.50 $ 86.00 $ 123.00 $ 88.50 $ 126.75 Administration/Accounting $ 69.00 $ 98.00 $ 71.00 $ 101.00 $ 73.25 $ 104.00 Page 363 of 370 City of Fairhope Contract Amendment RFQ No. PS015-22 Natural Gas Engineering Consulting Services This AMENDMENT OF CONTRACT (“AMENDMENT”) is made this ________ day of _____________, 2025 for the purpose of increasing the contract for RFQ PS015-22 Natural Gas Engineering Consulting Services dated November 02, 2022 (“Original Contract”) between the City of Fairhope and MAGNOLIA RIVER SERVICES, INC. (the “Parties”). 1. The Original Contract, which is attached hereto as part of this Amendment is described below: The Original Contract was awarded for a not-to-exceed amount of Five Hundred Thousand Dollars ($500,000.00). 2. Amendment No.1, which is attached hereto as part of this Amendment No. 2 is described below: Amendment No.1 was executed July 29, 2024 to amend the Original Contract not-to-exceed amount. Amendment No. 1 increased the Original Contract not-to-exceed amount by Five Hundred Thousand Dollars ($500,000.00). The amended not-to-exceed amount is One Million Dollars ($1,000,000.00). 3. The Parties agree to amend the Original Contract and Contract Amendment No. 1 to add additional services for Phase II of the project for an additional not-to-exceed amount of Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($714,766.50). 4. That amendment binds and benefits both Parties and any successors or assigns. This document, including the attached original contract and Amendment No. 1, is the entire agreement between the Parties. All other terms and conditions of the Original Contract, remain unchanged. This contract will be increased Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($714,766.50). The total cost of the contract shall be not-to-exceed One Million Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($1,714,766.50). IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment as of the day and year first above written. THE CITY OF FAIRHOPE, ALABAMA _____________________________________ _____________________________________ By: Sherry Sullivan, Mayor By: Lisa A. Hanks, MMC, City Clerk NOTARY FOR THE CITY I, the undersigned authority in and for said State and County, hereby certify that Sherry Sullivan as Mayor of the City of Fairhope whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, being informed of the contents of the document she executed the same voluntarily on the date of the same bears date. Given under my hand and Notary Seal on this ________ day of _____________, 2025. Notary Public ___________________________ My Commission Expires ___________________ Page 364 of 370 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 _____________, 2025. Notary Public ___________________________ My Commission Expires ___________________ Page 365 of 370 RESOLUTION NO. 4889-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [1] That the City Council approves a contract extens ion for (RFQ No . PS0l 5-22) Natural Gas Engineering Consulting Services with Magnolia River Services, Inc . for Cast Iron Pipe Replacement Phases 1-6 with a not-to-exceed amount of $500 ,000.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. [2] This will increase the original amount of contract from $500 ,000.00 to one million dollars $1 ,000,000.00. Corey Martin Counci l President Pro Tempore Attest: ~~ City Clerk Page 366 of 370 RESOLUTION NO. 4540-122 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1] That the City Council approves the selection of Magnolia River as Consultant for (RFQ PS015-22) Natural Gas Engineering Consulting Services ; and authorizes Mayor Sherry Sullivan to negotiate a fee schedule and establish a not-to-exceed limit with this firm . DULY ADOPTED THIS 12TH DAY OF SEPTEMBER, 2022 cil Presiden Attest: ~~ isaAHimic'~ c City Clerk Page 367 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1250 FROM:Sherry Sullivan, Mayor SUBJECT:That certain items are declared surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the two methods listed on the resolution. (Benches and Engraved Bench Boards from South Park) AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council declares surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the two methods listed on the resolution. (Benches and Engraved Bench Boards from South Park) BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 368 of 370 RESOLUTION NO. ____ WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: Benches and Engraved Bench Boards from South Park SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1, above, by the following method: a. Disposal via Landfill b. Engraved Bench Boards available to Family or Person who donated Bench ADOPTED AND APPROVED THIS 27TH DAY OF JANUARY, 2025 ___________________________________ Jack Burrell, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk Page 369 of 370 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1256 FROM:Marcus McDowell, City Attorney Jack Burrell, Council Member SUBJECT:To discuss pending litigation and the legal ramifications of and legal options for potential litigation. AGENDA DATE: January 27, 2025 RECOMMENDED ACTION: That the City Council approves to go into Executive Session. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 370 of 370