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HomeMy WebLinkAbout05-12-2025 City Council Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, May 12, 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 April 29, 2025 Regular City Council Meeting and minutes of April 29, 2025 Work Session. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. FINAL ADOPTION – Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, S.E. Civil, on behalf of the owners, Robert and Renee Taylor and FST Blue Island Owners Association, to amend the Planned Unit Development, known as Hermitage Court. The property is approximately 0.36 acres and is located at 620 Hermitage Court. PPIN #: 226992. (Introduced at the City Council Meeting on April 29, 2025). 6. FINAL ADOPTION - An Ordinance to declare that certain real property of the City of Fairhope (Part of the K-1 Center 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 fifteen (15) year term for the minimum yearly rent of $1.00 payable as specified in lease. (Introduced at the City Council Meeting on April 29, 2025). 7. Resolution - To award (Bid No. 25-009-COF-2023-EDA001) to Rogers & Willard Inc. for K-1 Center Redevelopment with a bid proposal not-to-exceed $6,055,579.00. 8. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute the Second Amendment to the Lease Agreement as presented between the City of Fairhope and University of South Alabama, a postsecondary institution under the control of the University of South Alabama Board of Trustees, for the leased area 16,000 square foot at 161 N. Section Street, Fairhope, Alabama 36532. 9. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 24-062-2024-PWI-025) Stacks Gully Slope Stabilization Project with a cost not-to-exceed $17,940.00; and to award Change Order No. 1 to Thomas H. Davis, III Construction Company, Inc. The new contract total will not-to- exceed $204,823.00; and authorizes the City Treasurer to transfer $17,940.00 from the General Fund to the Capital Projects Fund. Page 1 of 409 City Council Regular Meeting May 12, 2025 Page - 2 - 10. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Rehabilitation of Damaged and Irreparable Docks at the Fairhope Docks Marina to Leavitt Land LLC for a not-to-exceed project cost of $70,000.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. 11. Resolution - To award (Bid No. 25-030) to Shade America, Inc. to Provide and Install 16 T-Hip Canti Shade Structures at Volanta Sports Park with a bid proposal not-to- exceed $137,600.00. City-provided materials necessary to complete project estimated $10,000.00. 12. Resolution - That the City Council approves Contract Amendment No. 1 for (Bid No. 25-008) for Pest Control Annual Contract with Wayne's Pest Control Services LLC with an additional not-to-exceed annual amount of $2,939.20; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new contract total with a not- to-exceed annual amount of $13,469.68. 13. Resolution - To award (Bid No. 25-032) for 46KV Transmission Line Project Base Bid and Alternate 2 Materials to Gresco Utility Supply for $625,840.35 (129 Items) plus $20,000.00 contingency, Tri-State Utility Products, Inc. for $28,877.10 (21 Items) plus $2,000.00 contingency, and Wesco International for $105,627.91 (42 Items) plus $20,000.00 contingency. Total Award to three vendors with contingency will be $802,345.36. 14. Resolution - To award (Bid No. 25-033) for 46KV Transmission Line Project Alternate 1 Materials to Gresco Utility Supply for $344,101.04 (107 Items) plus $20,000.00 contingency, Tri-State Utility Products, Inc. for $3,925.40 (10 Items), and Wesco International for $86,421.58 (29 Items) plus $20,000.00 contingency. Total Award to three vendors with contingency will be $474,448.02. 15. Resolution - To Award (Bid No. 25-028) to GMC Underground for Fairhope Cast Iron Replacement Phase 2 with a bid proposal not to exceed $4,107,412.00. 16. Resolution - That the City Council approves Amendment No. 3 for (RFQ No. PS015- 22) Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. for Cast Iron Pipe Replacement Phase 1 for additional inspection services with a not-to-exceed amount of $175,832.35; and authorizes Mayor Sherry Sullivan to execute contract amendment. The contract price will not-to-exceed $1,890,598.85. 17. Resolution - To award (Bid No. 25-010) to Hemphill Construction, Inc. for Force Main Upgrades with a bid proposal not-to-exceed $6,489,900.00; and authorizes City Treasurer to transfer $2,739,900.00 from 004020-59500 Line 50 (181 Force Main & Regional Lift Stations) project to cover expense overage. Page 2 of 409 City Council Regular Meeting May 12, 2025 Page - 3 - 18. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Installation of an 8-Inch Water Main at Portico Simpson to WR Mitchell Contractor, Inc. for a not-to-exceed project cost of $61,370.00. 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 Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, approximately 400 scrap brass water meters, by the following method: sold for scrap or recycle at the highest offered value. 20. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Maintenance/Cleaning of the Main Irrigation Well for Quail Creek Golf Course to Griner Drilling Service, Inc. for a not-to-exceed cost of $29,462.73; and authorizes the City Treasurer to transfer $29,462.73 from the Golf Grounds Capital Improvements to Golf Grounds General Maintenance. 21. Resolution - To award Bid No. 25-037 for the procurement of Two (2) New 2024 or 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab for the Police Department to Donohoo Chevrolet, LLC for a not-to-exceed amount of $108,847.60. 22. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Pyro Productions Inc. for a Professional Consultant for (RFQ PS25-029) Design and Production of Fireworks Display for 4th of July 2025 with a not-to-exceed amount of $40,000.00; pursuant to Code of Alabama, "Pyrotechnic Shooter Law". 23. Public Participation – (3 minutes maximum) 24. Adjourn Next Regular City Council Meeting, Tuesday, May 27, 2025, 6:00 p.m. Fairhope Municipal Complex City Council Chamber 161 North Section Street Fairhope, AL 36532 Page 3 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-971 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of April 29, 2025 Regular City Council Meeting and minutes of April 29, 2025 Work Session. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: That the City Council approves the minutes of April 29, 2025 Regular City Council Meeting and minutes of April 29, 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 4 of 409 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 Thursday, 29 April 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 at 6:08 p.m. The invocation was given by Pastor Betty Massey of Fairhope Christian Church and the Pledge of Allegiance was recited. Council President announced that Agenda Items No. 12, and No. 13 were being pulled from the Agenda at the request of the Gas Superintendent and Mayor Sullivan. Councilmember Robinson moved to approve minutes of the 14 April 2025, regular meeting; and minutes of the 14 April 2025, work session. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) May 4, 2025 through May 10, 2025 is National Correction Officers Week; and presented Chief Hollinghead and Fairhope Correction Officers a proclamation. 2) John Woods presented the Mayor and Councilmembers a signed copy of a book titled "the Legacy of Fairhope’s Visionary Mayor James P. Nix.” This was the autobiography of Jim Nix. 3) Eastern Shore Repertory Theatre with be presenting Theatre on the Bluff featuring the classic “Grease.” 4) First Friday Art Walk will be May 2, 2025. The following individual spoke during Public Participation for Agenda Items: 1) Don DeGutz, 110 Blakeney Avenue, addressed the City Council regarding Agenda Item No. 7: a lease with Baldwin County Community and Economic Development Foundation, Inc. for part of the K-1 Center. He questioned the land for parking and the hardware store. Council President Burrell mentioned their grant would pay the rent. Councilmember Martin mentioned the Fairhope Volunteer Fire Department getting education and training; and getting burn building training. Page 5 of 409 29 April 2025 Councilmember Conyers asked the audience to be polite and courteous when addressing the City Council during Public Participation regarding the Fairhope Public Library. Councilmember Robinson said there are opinions on both sides; and asked, “Who wants keeping sexually explicit books and/or material from the Teen Section?” He then asked, “Who doesn’t want keeping sexually explicit books from the Teen Section?” He said the definition of sexually explicit comes from the State. Councilmember Boone announced the play of the bluff begins tomorrow night. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Martin introduced in writing an ordinance to amend the property of Robert and Renee Taylor and FST Blue Island Owners Association, the Planned Unit Development known as Hermitage Court. The property is approximately 0.36 acres and is located at 620 Hermitage Court. PPIN #226992. The Planning Commission gave a favorable recommendation of this ordinance. Council President Burrell read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. Council President Burrell opened the Public Hearing at 6:29 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:29 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the May 12, 2025 City Council meeting. Councilmember Robinson moved for final adoption of Ordinance No. 1832, an ordinance to grant a Franchise Agreement to Coca-Cola Bottling Company United- Central, LLC to operate Beverage Vending and Concession Machines specified in (Bid No. 25-015), Beverage Vending and Concession Annual Contract - Three Years. (Introduced at the City Council Meeting on April 14, 2025). Seconded by Councilmember Martin, 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 K-1 Center 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 fifteen (15) year term for the minimum yearly rent of $1.00 payable as specified in lease. Page 6 of 409 29 April 2025 Mayor Sullivan said the rent is $1.00 per year, but the $2.0 million from Baldwin County Community and Economic Development Alliance is a significant investment. Due to lack of a motion for immediate consideration, this ordinance will layover until the May 12, 2025 City Council meeting. Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Lisa A. Hanks, City Clerk, is hereby appointed to perform all the duties otherwise required to be performed by the Mayor per Code of Alabama, 1975 with respect to the Municipal Election to be held in the City of Fairhope on August 26, 2025; and if necessary, a Run-off Election on September 23, 2025. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5430-25 WHEREAS, a General Municipal Election will be held in the City of Fairhope on the 26th of August 2025, and if necessary, a Run-off Election will be held in the City of Fairhope on the 23rd of September 2025; and, WHEREAS, the Mayor of the City of Fairhope is a candidate in said election and is thereby disqualified to perform certain duties per Code of Alabama, 1975. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Lisa A. Hanks, City Clerk, is hereby appointed to perform all the duties otherwise required to be performed by the Mayor per Code of Alabama, 1975 with respect to the Municipal Election to be held in the City of Fairhope on the 26th August 2025 and any Run-off Election ordered held with respect thereto. Adopted this the 29th day of April, 2025 _______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 7 of 409 29 April 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to appoint Election Officials for Election Day on August 26, 2025, and Run-off Election Day on September 23, 2025, if necessary; and establish compensation for Election Officials. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5431-25 WHEREAS, a Regular Municipal Election has been called to be held on August 26, 2025, and a Run-off Election, to be held, if necessary, on September 23, 2025; and, WHEREAS, Section 11-46-27 of the Alabama Code of 1975, as amended, provides, in part, that the Municipal Governing Body, not less than 15 days before the holding of any Municipal Election, appoint from the qualified electors of the municipality, officers to hold the election as follows; where electronic ballot counters are used, at least one inspector and three clerks, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, Alabama that the election Officers for said elections shall be as follow: Chief Inspector: (1) Rebecca “Becky” Brown, 667 Fairhope Avenue Chief Clerk: (1) John Bartels, 506 N. Mobile Street Provisional Ballot Officer: (1) John Bartels, 506 N. Mobile Street (2) Rebecca “Becky” Brown, 667 Fairhope Avenue Registration & Voters List Clerks: (1) Margie Gewirtz, 70 Paddock Drive (2) Helen Allison, 21950 Country Woods Drive (3) Mike Goodson, 102 Pebble Court (4) Nelda Goodson, 102 Pebble Court (5) Donna Bass, 528 Bartlett Avenue (6) Brenda Callicutt, 9 Canebreak Place (7) Terri Zechiel, 301 Lake Ridge Drive (8) Kristina Potter, 554 N. Section Street (9) Jessica Walker, 107 Willow Lake Drive Ballot Issue Clerks: (1) Marilyn Witte, 114 Cotswold Court (2) Diann Carithers, 476 Boulder Creek Avenue (3) Gregory Carithers, 476 Boulder Creek Avenue (4) Diane Foote, 210 Heather Lane (5) Richard Foote, 210 Heather Lane Inactive List (1) Cindy Cazalas, 404 Patlynn Drive Page 8 of 409 29 April 2025 Express Vote Attendant: (1) Anthony Gasbarro, 322 Clubhouse Drive (For Handicap) Machine Attendants: (1) Robert “Bob” Bass, 528 Bartlett Avenue (2) James “Dale” Vines, 20645 Lowry Drive (3) Nathan “Judd” Gillespie, 512 Patlynn Drive (4) Carl Couret, 208 Fig Avenue (5) Linda Schwemin, 122 North Drive Absentee Machine Clerks: (1) Carol Stapleton, 9814 A State Highway 181 (2) Wes Stapleton, 9814 A State Highway 181 BE IT FURTHER RESOLVED, that the Chief Inspector shall be compensated $250.00 for each Election and for each Run-off Election, if necessary; the Chief Clerk shall be compensated $185.00 for each Election, and for each Run-off Election, if necessary; and other Election Officers shall be compensated $175.00 for each Election, and for each Run-off Election, if necessary. ADOPTED THIS 29TH DAY OF APRIL, 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 with Mott MacDonald Alabama, LLC for Professional Engineering Design Services for Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP II) Intersection Improvements at US98 and Volanta Avenue (RFQ PS25-026) with a not-to-exceed amount of $203,988.00. Authorize Treasurer to transfer $189,678.73 from General Fund to Capital Projects fund. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * * Page 9 of 409 29 April 2025 RESOLUTION NO. 5432-25 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 Mott MacDonald Alabama, LLC for Professional Engineering Design Services for Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP II) Intersection Improvements at U.S. 98 and Volanta Avenue (RFQ PS25-026) with a not-to-exceed amount of $203,988.00; and authorize Treasurer to transfer $189,678.73 from General Fund to Capital Projects fund. ADOPTED ON THIS 29TH DAY OF APRIL, 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 to Award (Bid No. 25-022) to Pike Engineering, LLC. for Joint Use Attachment Inventory for City of Fairhope Electric Department with a not-to-exceed bid proposal of $135,050.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5433-25 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 Joint Use Attachment Inventory (Bid Number 25-022) for the Electric Department. Page 10 of 409 29 April 2025 [2] At the appointed time and place, the following bids were opened and tabulated as follows: Pike Engineering, LLC $135,050.00 The Fishel Company d/b/a Team Fishel $151,216.00 [3] After evaluating the bid proposals with the required bid specifications, Pike Engineering, LLC is now awarded the bid for Joint Use Attachment Inventory (Bid Number 25-022) for the Electric Department with a total bid proposal not-to-exceed $135,050.00. Adopted on this 29th day of April, 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 the City Council approves Contract Amendment No. 1 for (RFQ PS24-010) with Kimley-Horn and Associates, Inc. for Professional Engineering Services for Lead Service Lines Inventory and Compliance - Phase 1 with a not-to-exceed amount of $50,000.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new contract total with a not-to-exceed amount of $127,700.00. Seconded by Councilmember Martin, motion passed unanimously by voice vote. * * * Page 11 of 409 29 April 2025 RESOLUTION NO. 5434-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves Contract Amendment No. 1 for RFQ PS24-010 with Kimley-Horn and Associates, Inc. for Professional Engineering Services for Lead Service Lines Inventory and Compliance - Phase 1 with a not-to-exceed amount of $50,000.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new contract total with a not-to-exceed amount of $127,700.00. ADOPTED ON THIS 29TH DAY OF APRIL, 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 Duke's Root Control, Inc. for I & I (Inflow and Infiltration) Identification Study (RFQ PS25-027) with a not-to-exceed amount of $49,500.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5435-25 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 Duke's Root Control, Inc. for I & I (Inflow and Infiltration) Identification Study (RFQ PS25- 027) with a not-to-exceed amount of $49,500.00. ADOPTED ON THIS 29TH DAY OF APRIL, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 409 29 April 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 (RFQ PS25-028) for Professional Engineering Services for 8" Water Main Replacement Under Rock Creek Project to Krebs Engineering; and hereby authorizes Mayor Sullivan to execute a contract with a not-to-exceed amount of $30,000.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5436-25 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 (RFQ PS25-028) for Professional Engineering Services for 8" Water Main Replacement Under Rock Creek Project to Krebs Engineering; and hereby authorizes Mayor Sullivan to execute a contract with a not-to-exceed amount of $30,000.00. DULY ADOPTED THIS 29TH DAY OF APRIL, 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 Council hereby authorizes Mayor Sherry Sullivan to execute a contract for Professional Services for closing costs and title insurance on the Bible Way Holiness Land Purchase with Kopesky & Britt, LLC with a cost not-to-exceed $5,000.00; and further authorizes the Mayor to execute the purchase agreement for the property and easement described herein with a purchase price of $18,000.00 with credit for $1,000.00 already submitted. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 13 of 409 29 April 2025 RESOLUTION NO. 5437-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute a contract for Professional Services for closing costs and title insurance on the Bible Way Holiness Land Purchase with Kopesky & Britt, LLC with a cost not-to-exceed $5,000.00; and further authorizes the Mayor to execute the purchase agreement for the property and easement described herein with a purchase price of $18,000.00 with credit for $1,000.00 already submitted. DULY ADOPTED THIS 29TH DAY OF APRIL, 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 hereby amends Resolution No. 5298-24 to add the following to II. Reservations, Section 5. b. “Groups that have held annual events and have consistently rented the auditorium for at least ten consecutive years are granted the privilege to reserve the venue with the same end time as in previous years.” Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * * Page 14 of 409 29 April 2025 RESOLUTION NO. 5438-25 A RESOLUTION AMENDING RESOLUTION NO. 5298-24; SPECIFICALLY II. RESERVATIONS: 5. b. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby amends Resolution No. 5298-24 to add the following to II. Reservations, Section 5. b. “Groups that have held annual events and have consistently rented the auditorium for at least ten consecutive years are granted the privilege to reserve the venue with the same end time as in previous years.” 5. b. Rentals at the Fairhope Municipal Complex will not be permitted after 12:00 a.m. Event breakdown and clean-up (at minimum) should start at least one hour prior to the 12:00 a.m. closing time. Cleanup and equipment/decoration removal should be properly estimated and planned before renting the facility. Mardi Gras and City sponsored events are excluded from this policy. Groups that have held annual events and have consistently rented the auditorium for at least ten consecutive years are granted the privilege to reserve the venue with the same end time as in previous years. The balance of Section 5. remains as written and adopted. ADOPTED THIS 29TH DAY OF APRIL, 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 hereby Repeals and Replaces Resolution No. 1409-07 setting forth the Rules and Regulations for the Operation of the James P. Nix Center Complex located at One Bayou Drive, Fairhope, Alabama. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 15 of 409 29 April 2025 RESOLUTION NO. 5439-25 A RESOLUTION REPLACING RESOLUTION NO. 1409-07 SETTING FORTH THE RULES AND REGULATIONS FOR THE OPERATION OF THE JAMES P. NIX CENTER COMPLEX LOCATED AT ONE BAYOU DRIVE, FAIRHOPE, ALABAMA. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: I. The James P. Nix Center members will have priority use of the Center. The Ballroom and the Doris Chennell Cardroom may be rented to individuals or groups when available. II. RESERVATIONS A. Reservations shall be on a first come, first served basis, except for Governmental functions which shall take precedence over all other functions and may necessitate the cancellation or postponement of an event. B. Persons or groups wishing to reserve the Ballroom or Cardroom must complete, date, and sign the Application for Use of Activity Center Form, Cancellation Policy, Indemnity/Hold Harmless Agreement, Rental Rates and Rules Form, and pay the required rental fee in order to reserve the James P. Nix Center Ballroom or Doris Chennell Cardroom. No reservations will be confirmed until the rental fee is paid in full. C. Cancellations or date changes must be in writing and signed by the application holder and must be given to the Rental Coordinator or Manager at the James P. Nix Center not less than sixty (60) days prior to the event for any refund to be given. Fee refunds will be made by check, less a 20% handling charge. No refunds will be made for cancellations made within sixty (60) days of the event. D. Groups that have events that occur annually and have rented the ballroom for at least five (5) consecutive years shall have the right for advance booking provided that the James P. Nix Center receives the completed application(s) and payment(s) in full at least four (4) months prior to the requested dates. E. The James P. Nix Center may not be rented on a weekly basis. Page 16 of 409 29 April 2025 F. Rental rates shall be as follows: 1. The Ballroom is $1,250.00 per eight (8) hour day Fairhope Resident Rate and $1,750.00 per eight (8) hour day Fairhope Non- Resident Rate. 2. Rentals on recognized city holidays will be charged an additional $600.00. 3. An additional (2) two hours, over and above the already included (8) eight hours, may be purchased for $100.00 ($250.00 on recognized city holidays). 4. Audio/visual equipment is also available upon request, for an additional $100.00 fee. 5. The Doris Chennell Cardroom may be rented on weeknights for meetings for $500.00 Fairhope Resident Rate and $750.00 Non- Resident Rate for four (4) consecutive hours of use after 5:00pm. G. Rentals at the James P. Nix Center will not be permitted after 12:00 a.m. Event breakdown and clean-up (at minimum) should start at least one hour prior to the 12:00 a.m. closing time. H. The rental fee for the ballroom includes tables, chairs, one-time set-up, and commercial kitchen. The furniture, tables and chairs in the Doris Chennell Cardroom may not be moved. I. The Fairhope Public Schools and Thomas Hospital may use the James P. Nix Center provided it is available. See Resolution No. 4871-23 or Resolution adopted for the present fiscal year and Ordinance No. 1486. J. The City of Fairhope, its departments and agencies, and city sponsored functions shall be exempt from rental fees provided the functions will improve the skills, finances, or betterment of the sponsoring department or portray the City of Fairhope in the best light for the good and benefit of the citizens of Fairhope. This does not relieve the said departments from clean-up, cleaning fees, security responsibilities or any of the Rules & Regulations set forth in this Resolution. Page 17 of 409 29 April 2025 III. RULES AND REGULATIONS A. The number of Ballroom seating is to be given at the time of booking. Maximum seating and/or crowd capacity will be as per the Fire Code and event layout. Fire and exit lanes will be open at all times. B. Members and guests of the James P. Nix Center shall have priority of parking spaces during normal operating hours. C. Law Enforcement Personnel must be scheduled through the Fairhope Police Department and must be present during the entire event. Events requiring Law Enforcement Personnel include any event where alcohol is present, or any function at which security is deemed necessary by the City of Fairhope. D. Alcohol must be served by a bartender or caterer. If a cash bar is used, alcohol is sold, or alcohol is provided at a ticketed event, renter/caterer must show proof of proper ABC licensure. E. The Rental Coordinator or Manager will be the final authority regarding decorations. 1. The James P. Nix Center does not provide cloth linens. However, paper tablecloths may be available for a fee. 2. Decorations must be placed on the day of the event. No equipment or materials will be placed in the Ballroom or in the Doris Chennell Cardroom prior to the day and time of use unless approved by the Rental Coordinator or Manager. 3. No painting will be permitted inside or outside the facility. 4. All decorations are to be free-standing or approved by the Rental Coordinator or Manager. No nails, tacks, brackets or self-adhesive tape will be allowed on or in the walls, ceilings, floors, windows or any material that will deface, mar, or cause damage. No inflatables allowed. 5. No shaving cream, toilet paper, silly string, rice, birdseed, sparklers, glitter, confetti (including decorative jewels), or the like will be thrown or used for decoration inside or outside the facility. Wedding sendoff items/throws must be approved by Rental Coordinator or Manager. Page 18 of 409 29 April 2025 All candles must be self-contained, battery candles preferred. If any of these are found on the floor, there will be additional clean- up/damage fees. 6. All decorations, personal equipment, supplies, and other materials must be removed following an event before the renter leaves the premises. F. In order to maintain health standards as required by state and county regulations, all users of the kitchen must comply with Alabama Department of Health guidelines. 1. The kitchen, along with its appliances and equipment, will be used only by City Personnel or in conjunction with the rental of the Ballroom or the Doris Chennell Cardroom. 2. The renter must use a licensed catering service, with a current business license and health permit, for the event. The renter and/or caterer serving food/drink will furnish pots, pans, trays, plates, saucers, cups, serving dishes, glasses, and silverware all of which will be washed before use. 3. Grease shall be disposed of properly by renter or caterer. 4. It is the responsibility of the renter to inform the caterer and other vendors of the rules and regulations. The caterer and/or renter are responsible for ensuring that the kitchen is clean and sanitized. The Rental Coordinator or Manager can provide a detailed list of responsibilities. G. All garbage will be removed from the building by the renter as needed during, and at the close of the function before leaving the premises. Debris must be removed from the premises by the renter. H. Permission from the Rental Coordinator or Manager will be required for any person or group using appliances with special power requirements and/or cooking apparatus other than that provided by the Nix Center. I. The piano will remain in the Ballroom at all times. Nothing will be placed or stored in or on this instrument. Page 19 of 409 29 April 2025 J. If children are present during the function, they must be supervised at all times. Any damaged or broken items will be the renter’s financial responsibility as determined by the City of Fairhope. K. All groups and organizations are responsible for their own clean-up of the kitchen, decorations, garbage, and debris. Anything brought in by the renter and/or caterer must be removed by the renter and/or caterer. It is the responsibility of the renter to ensure that the Rules and Regulations are adhered to. The Rental Coordinator or Manager will review the clean-up schedule prior to the function and will conduct an inspection after the function to assess whether or not additional clean- up fees will be charged. An additional clean-up fee at the rate of $50.00 per hour will be charged for any time and/or required personnel necessary to complete the responsibilities of the renter. L. Additional fees will be charged for any damaged or missing items which include, but are not limited to, any broken or missing items from the facility, and carpet and/or tile restoration (e.g., dragging coolers and other heavy equipment across the floors). M. The James P. Nix Center is a smoke-free facility. In compliance with City Ordinance No. 1311, “smoking is prohibited within a reasonable distance often (10) feet outside an enclosed area where smoking is prohibited, so as to ensure that tobacco smoke does not enter the area through entrances, windows, ventilation systems or other means.” No smoking, use of other tobacco products, e-cigarettes, vaping, or other forms of smokeless tobacco are permitted in City facilities. The area around the fountain outside the main entrance is a designated smoking area. It is the renter’s responsibility to ensure that all of those present at the function are made aware of and adhere to this Ordinance. N. The James P. Nix Center rentals and events shall not violate any Federal, State or Local law, including but not limited to the Code of Alabama, Section 13A-6-68 and Section 13A-12-130. The City of Fairhope reserves the right to deny to rent to any individual, group or organization which may pose a threat to public safety. O. Persons or groups using one or more of the facilities must also obtain a Special Event Insurance Policy naming the City of Fairhope as additional insured for any event open to the public, where tickets are sold, and/or alcohol is on the premises. Page 20 of 409 29 April 2025 1. A mandatory Certificate of Liability Insurance policy showing the minimum requirements must be provided to and accepted by the City, at least seven days prior to the submitted rental date. The insurance policy naming the City of Fairhope as additional insured for any event open to the public or where tickets/money/donations are exchanged. 2. Special Event Insurance Policy coverage and minimums: Commercial General Liability Coverage on an Occurrence from with a combined single limit of (Bodily Injury and Property Damage combined as follows: Each occurrence $1,000,000 Personal and Advertising Injury $1,000,000 Products/Completed Operation Aggregate $2,000,000 General Aggregate $2,000,000 3. Coverages to include: Premises and operations Personal injury and Advertising Injury Products/completed operations. Independent Contractors Blanket Contractual Liability Broad Form Property Damage The Council reserves the right to amend, delete, adjust, or waive any and all stipulations set out herein. Adopted on this 29th day of April, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 21 of 409 29 April 2025 City Council reviewed an application for a Beer/Wine On/Off Premises License by John S. MacArthur, Fairhope Hemp LLC, d/b/a Johnny Macs, 505 Fairhope, Alabama 36532. Councilmember Martin moved to approve the issuance of the license. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items: 1) Don DeGutz, 110 Blakeney Avenue, addressed the City Council regarding marketing natural gas; and mentioned a study from December 2022 where 12.7 percent of childhood asthma comes from use of gas stoves. Councilmember Martin questioned Mr. DeGutz on the source of the study, what medical article, and statistics. Mr. DeGutz did not have any. 2) Zeke Dernlan, student at Ordo Amoris Classical Academy, addressed the City Council regarding sewer infrastructure issues, sewer overflows, and needed upgrades. He gave an example of the flower expense but not for sewer infrastructure. 3) Suzanne Walker, 710 South Mobile Street resident and President of the HOA for Magnolia Beach Town Homes, addressed the City Council regarding the illegal dumping logs into Mobile Bay. She mentioned asking a City employee regarding Tatumville Gulley; and he said it was not the City’s. Ms. Walker commented it states on our website; all gulleys are maintained by the City. Council President Burrell said it is quite shocking; and it is clear someone cut these. He said we want to find out who is responsible. 4) Donna Riley-Lein, 19270 Greeno Road Lot 60, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library, Library staff, and the Board. Ms. Riley-Lein mentioned a book she read at age 12, titled “Christy” which is a Christian Book and today would have been banned for the Teen Section. She told the City Council that she trusts the Library employees and the Board. 5) Mary Kate Dean, 707 Crystal Wells Court N., addressed the City Council regarding the Fairhope Public Library; and said she was a teacher at Daphne School. Ms. Dean said she is in support of the Library and trust them. She said they are American Library Association approved; and do not reshelve books. 6) Wendy Pickering, 26577 Cotton Bayou, Orange Beach, addressed the City Council regarding the Fairhope Public Library. She said they just want the books moved from the Teen Section to the Adult Section. She told the Mayor and City Councilmembers that they took an oath to protect citizens. Ms. Pickering stated that she will file formal claims against their surety bonds if they do not move the books. Page 22 of 409 29 April 2025 7) Dr. Caleb Whitehead, 20 Burlington Drive, addressed the City Council regarding the Fairhope Public Library; and said we are being called the worst library and we are one of the best. He said the primary ones who are sexually abused are children who need to see these books. Dr. Whitehead said he supports the Library. He mention a Florida House Bill 1505 regarding children with sexually transmitted diseases my have parental rights for medical treatment. 8) Savan Wilson, retired Library Science Professor, addressed the City Council regarding the Fairhope Public Library; and said the Library is defending the right to read. She said they were never trained for this; and this is a new year and for our society. Ms. Wilson said she is in support of the Library, Library staff, and the Board. She commented that reading is a basic freedom and choice. Ms. Wilson said if books are removed from Sections, children are being taught “don’t ask questions.” 9) Dirk Anderson, 27469 Elise Court, Daphne, addressed the City Council regarding the Fairhope Public Library; and said he wants the books moved to Adult Section. Mr. Anderson stated he was against the books; and has conservative values. 10) Maggie Davis, 210 Perdido Avenue, addressed the City Council regarding the Fairhope Public Library; and stated that she attended Public Schools. Ms. Davis said the Library is good and she supports the Library. 11) Anita Powell, citizen in Daphne, addressed the City Council regarding the Fairhope Public Library; and said she has lived on the Eastern Shore all of her life. Ms. Powell said she is in support of the Library; and thanked the City Council for their support. Ms. Powell said the Library shaped her into what she is today; and books are to challenge us. 12) Samantha Kingston, Willow Subdivision, addressed the City Council regarding the Fairhope Public Library; and said she is a strong support for the Library. Ms. Kingston also said she trust the Librarians. 13) Jennings Wright, 114 Spring Drive, addressed the City Council regarding the Fairhope Public Library; and said he is in support of the Library and the Board. Mr. Wright said the APLS is micromanaging Libraries; and also supports the City Council. 14) Nathaniel Spurgeon, 10539 McNeil Davis Lane A, addressed the City Council regarding the Fairhope Public Library; and commented he has eight children. He said the Library is a place for learning; and is in favor of the books being moved to Adult Section. Mr. Spurgeon told about his wife and mother-in-law being kidnapped and held for ransom. 15) Kelly Wright, Fairwood Subdivision, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library. Ms. Wright commented these books exists throughout the World. She said the books can help counsel children through conversation. Page 23 of 409 29 April 2025 16) Taylor Damico, near the intersection at County Road 13 and Morphy Avenue, addressed the City Council regarding the Fairhope Public Library; and commented she cannot control what her son has seen on his phone. Ms. Damico said she is in support of the Library and books could help a child. She said the Library is a resource they can trust. 17) Jenny Douglas, 850 Cherry Circle, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library. Ms. Douglas thanked the City Council for their support and for funding the Library. 18) Dr. Kathleen Heath, Therapist for children, addressed the City Council regarding the Fairhope Public Library; and commented she has worked for 35 years in Baldwin County and is licensed in many fields. She stated one out of six children are sexually abused; and there has been an increase in child homicides. Dr. Heath stated not one child in 10 years has been sexually abused from reading books. She said the books are important where they are in the Library. Dr. Heath also stated she has read the two books in question and these need to remain in the Teen Section. 19) Donald Furlong, 17606 Woodmere Court, addressed the City Council regarding the Fairhope Public Library; and said he is a parent and not perfect. Mr. Furlong stated, “he is not trying to take sides; and if his child brings a book home that is controversial, I can sit down and help explain it.” Mr. Furlong said he was uncomfortable with the authoritarian group; and he is in support of the Library. 20) David Gespass, 40 Echo Lane, addressed the City Council regarding the Fairhope Public Library; and said he is in support of the Library. Mr. Gespass said the decision is for the Library to make. 21) Carolyn Mayo, 113 Sandy Shoal Loop, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library. Ms. Mayo said she gave money to fill the gap from the halt in funding from the APLS. She said there is a whole room full of people next door. 22) Laura Johnson, resident of Daphne, addressed the City Council regarding the Fairhope Public Library; and said the standard has been set. She stated that the Library Board is not compliant; and access is the issue. She said the books should be removed from Children Section and placed in Adult Section. 23) Randy Wendt, 554 Southern Run, addressed the City Council regarding the Fairhope Public Library; and said he is in support of the Library. He told the City Council not to listen to the Marxist comments. 24) Andrew Mullek, 20760 Lacey Road, addressed the City Council regarding the Fairhope Public Library; and said he is in support of the Library. However, we are the only Library in violation; and should expose 10 year olds to sexually explicit books. He stated this is not being addressed and is not a new issue. Council President Burrell said the City did not have due process! 25) Brian Dasinger, citizen of Fairhope – no address given, addressed the City Council regarding the Fairhope Public Library; and said the Fairhope Library is not compliant and is in war with John Wahl. He told the City Council they were “woke” and “worthless;” and allowed “Pride Events” and “Drag Shows.” Page 24 of 409 29 April 2025 Mr. Dasinger stated these books should be moved from the Teen Section to the Adult Section. He reminded everyone that this is an election year and hopes it will be a clean sweep. Council President Burrell read an excerpt from an APLS letter from John Wahl dated February 7, 2025 that stated the Fairhope Public Library was in compliance. He said we are all citizens of the Community and have our own opinions. Council President Burrell stated we do not condone violating the law. He reiterated the books have been reviewed and books have been moved. Council President Burrell said we want to comply with the law; and the last thing we want is an over-reaching Government. 26) Mia Manifold, 9940 Windmill Road, addressed the City Council regarding the Fairhope Public Library; and told them she was an educator who taught emotionally challenged children. She said we underestimate what our children need and a book may help. Ms. Manifold stated she respects the Fairhope Public Library and the Librarians. 27) Laura Gamard, 248 South School Street, addressed the City Council regarding the Fairhope Public Library; and stated children need access to “Sold” and “Grown.” Ms. Gamard said she is in support of the Library and the Board. 28) Breanna Marsh, 16303 Hollowbrook Court, addressed the City Council regarding the Fairhope Public Library; and said children need equal access to books. Ms. Marsh said she is in support of the Library and the Board. 29) Gustavo Enrique, 219 Orleans Drive, addressed the City Council regarding the Fairhope Public Library; and stated that no one wants sexually explicit books in the Teen Section. Mr. Enrique said he has read all of the books being challenged; and some are okay and others are explicit. Mr. Enrique said he is in support of the Library and the Board; and stated this is a free society. 30) Cheryl Corvo, 20 Burlington Drive, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library and the Board. She commented that this is an erasure issue and censorship. Ms. Corvo said “Liberty” is for all; and we need to teach and help our children. 31) Kay Clemmons, 16351 Holbrook Court, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library and the Board. 32) Tim Dernlan, Elder for Redeemer Lutheran Church and former Head Master at Ordo Amoris Classical Academy, addressed the City Council regarding the Fairhope Public Library; and stated there are two million books printed each year. He said these books should not just be reshelved but removed from the Library. 33) Willie Henry, 206 Nichols Avenue, addressed the City Council regarding the Fairhope Public Library; and told the City Council “do not be bullied by these people to do their agenda. They have shown there true colors; and it is just political.” Mr. Henry said he is in support of the Library. Page 25 of 409 29 April 2025 34) Emily Mann, Twin Beech Road, addressed the City Council regarding the Fairhope Public Library; and said she is an educator and we are fighting over two books. She commented that the six of you should not have been called worthless or been threatened. Ms. Mann said that is unfair and unprofessional; and said she is in support of the Library. 35) Carol Tebay, 98 Paddock Drive, addressed the City Council regarding the Fairhope Public Library; and said she trust the education of the Librarians and their decisions and hopes they do too. Ms. Tebay told the Mayor and City Council she appreciated them. 36) Amy Ananth, 54 Ingleside Street North, addressed the City Council regarding the Fairhope Public Library; and said she too is in support of the Mayor, City Council, and the Library. She asked the City Council to consider everything based on what the citizens of Fairhope support and what is best for the Community. Ms. Ananth stated again, “I support the Library.” 37) Dr. Savage, Ridgewood Circle, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the City, Community, and Library. She also said, “thank you all.” 38) Lindsey Windom, 22811 Hillwood Road, addressed the City Council regarding the Fairhope Public Library; and mentioned the tiered library card system in place. Ms. Windom said her mom is a Librarian; and said she is in support of the Library. 39) Stephanie Durnin, 209 Hemlock Drive, addressed the City Council regarding the Fairhope Public Library; and said, “she could not be more disappointed in a group of people she voted for and elected.” Ms. Durnin said the disappointment continued when the Library Board won Volunteers of the Year. She thanked Councilmember Robinson for speaking out today. She asked everyone who was watching or listening, if they want to run for election based on conservative values, contact runforfairhopecitycouncil@gmail.com. 40) Jessica Deese, 23885 Main Street, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library, Board, and all of you. She mentioned the Supreme Court ruling that was based on Public School curriculum not a Public Library. 41) Rebecca Watson, 124 Fig Avenue and with Moms of Liberty, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library. She said the books should be moved from the Teen Section to the Adult Section. Ms. Watson stated she went to the APLS several times; and then, read the definition of “Sexually Explicit.” She said the Library is supposed to weed out the books and make a list. Ms. Watson mentioned the February Library Board minutes and read them to everyone. Ms. Watson said she trust the Librarian but not the Library Board. She said, “I invested in this Community and I am not moving.” Councilmember Martin responded the Alabama Statute would not consider a book harmful if it possesses “serious literary, artistic, political or scientific value for minors.” Page 26 of 409 29 April 2025 42) Elizabeth Williams, 702 Greenwood Avenue, addressed the City Council regarding the Fairhope Public Library; and passed out a handout to the City Council. She mentioned the Miller test, also called the three-prong test for obscenity; and said all three must be met. Ms. Williams said she is in support of the Library and is with “Read Freely Alabama.” She said the Library Board are following processes and procedures; and are volunteers. 43) Donna Nichols, Colony at the Ground, addressed the City Council regarding the Fairhope Library Board; and she said the Miller Test was a test for adults. She said we have laws to protect children; and the books should be moved from the Teen Section to the Adult Section. 44) Jeanine Normand, 720 Holly Drive, addressed the City Council regarding the Fairhope Public Library; and told the Mayor and City Council they were doing a wonderful job. Ms. Normand commented that the Library was in compliance; and said all of you were called “woke.” She told them, “they were very sensible and to do the right thing; and citizens will vote for you.” Ms. Normand said we are all concerned about the children. 45) Brent Shaw, 19721 Hunters Loop, addressed the City Council regarding the Fairhope Public Library; and said we set guidelines for our children and what is best for our children. He said the books should be moved from the Teen Section to the Adult Section. Mr. Shaw said we need to use common sense and pray for wisdom. Councilmember Martin said we all have been called names, had fingers pointed, and lied to. He stated we all have a freedom to exist; and should meet in the middle and compromise. Councilmember Martin said we need to maintain democracy and a common thread of morality. He said, “we all have the same God; and with love we have order.” Councilmember Conyers mentioned the Library Board and the process that is now in place. Councilmember Conyers said he read the book “Sold” and it is appropriately shelved in the Teen Section. He stated the Library Board is unpaid volunteers trying to do the right thing; and will support their decision. Councilmember Robinson stated none of us want our children having access to sexually explicit material. He said everything we do up here is difficult at times and not every decision is easy. But every decision we must look at the constitutional, the legal, the moral, and the ethical ramifications of each. He said moving books should not offend Librarians. He said there are processes in place and need to be followed; we need to come to a legal decision for the Community. Councilmember Boone said he appreciates everyone that is still here; and commented he is not big on the ones that give their side and then leave. He thanked everyone who was still here; and gain said they were appreciated. Page 27 of 409 29 April 2025 Mayor Sullivan apologized to Council President Burrell being beat up for the Volunteer of the Year award which is her decision every year. Mayor Sullivan said this decision was made based on the Library Board doing capital fundraising for the Teen Section and they have done a lot of things throughout the year. She reiterated they are volunteers. Mayor Sullivan said she has had conversations with John Wahl and a possible appeals process if we wanted a second opinion. She thanked everyone for coming here to voice their opinion for one side or the other. Mayor Sullivan said we serve a very diverse population who are free thinkers and like living in a democracy. 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 60 minutes. Councilmember Robinson moved to go into Executive Session. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Exited the dais at 9:21 p.m. Returned at 10:22 p.m. Councilmember Robinson moved to adjourn the meeting. Seconded by Councilmember Martin, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 10:23 p.m. Jack Burrell, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 28 of 409 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 Thursday, 29 April 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin (arrived at 4:54 p.m.), Jimmy Conyers (arrived at 4:36 p.m.), Jay Robinson and Kevin Boone, Mayor Sherry Sullivan (arrived at 4:55 p.m.), and City Clerk Lisa A. Hanks. City Attorney Marcus E. McDowell was absent. Council President Burrell called the meeting to order at 4:35 p.m. The following topics were discussed: • The first item on the Agenda was the Presentation by Principal Jenny Breazeale of Fairhope West Elementary School. Ms. Breazeale showed the City Council and audience a short video of some of the uses of the funds from the 3-mill tax. She said the funds support our students. Council President Burrell questioned the average class size. Ms. Breazeale replied the average size is between 17 to 21 students. He also questioned performance metrics. She responded with last year we were a 95 and this year a 96; and we are a Title I school. Ms. Breazeale commented attendance is a big issue. She said last year we had a 12.7 percent of 18 plus days absent which is considered chronic absenteeism. She said this year we have a 5.7 percent chronic absenteeism; and 52 students have perfect attendance. Ms. Breazeale stated we need to increase “work ethic” for students. • The next item on the Agenda was the Financial Audit presented by Lee Parks with Warren Averett. He said the City once again received an “unmodified opinion” dated March 12, 2025. Mr. Parks went over the main highlights of the Audit; and answered any questions. Councilmember Conyers stated the City Council used a conservative approach to the budget. Council President Burrell commented the Airport AIP Grants are managed by a Third Party and it was their issue for not reporting and it has been addressed. Mr. Parks thanked the City Treasurer and her team for their help. (A copy of the Financial Audit and other documents are on file in the City Clerk’s office). • The Utility Update was next on the Agenda and Gas Superintendent Wes Boyett began by requesting that Agenda Items Number 12 and Number 13 be removed. Council President Burrell stated that Agenda Item Number 13 was 17.5 percent over the original bid. Mr. Boyett said it was his oversight and took full responsibility. He said the fees were due to time of this Phase being delayed. Councilmember Martin and Council President Burrell both questioned why this was not found before now; and asked was the work already done. Mayor Sherry Sullivan said they have a meeting with GMC Underground to make sure this does not happen again. Mr. Boyett said the company did the work. Councilmember Martin said it looked like they were nickel and diming us; and management should have found this before now. Council President Burrell commented we need more explanation. Page 29 of 409 Thursday, 29 April 2025 Page -2- Gas Superintendent Boyett began the discussion his department being sole source and needing to be competitive in this market. He mentioned a rebate on the installation of major appliances of $100.00 and for seasonal minor appliances of $50.00. Mayor Sullivan commented that is could be a credit back on the account. Councilmember Martin said we need to look at competitive incentives from others. Council President Burrell said they do not get credit without putting appliances in. He asked for them to prepare something and present to the City Council. Gas Superintendent Boyett gave an update on the Gas Department and mentioned a Federal Audit being done for the first time. • Councilmember Martin mentioned the Fairhope Environmental Advisory Board and the meeting with the City. • Councilmember Conyers mentioned the Library Board meeting, books being reviewed and read, and the Board voted to keep two books in the Teen Section. • Council President Burrell gave an update on the Recreation Board. • Community Affairs Director Paige Crawford addressed the City Council regarding Agenda Items No. 18 and No. 19; and answered any questions if needed. Council President Burrell explained the need for the revisions. • Electric Superintendent Ben Patterson addressed the City Council regarding Agenda Item No. 11; and answered any questions if needed. He said the 46 KV list project will be on the next City Council agenda. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No. 14, No. 15, and No. 16; and answered any questions if needed. Assistant Water Superintendent Joe Webber explained Agenda Item No. 14. • Mayor Sherry Sullivan addressed the City Council regarding Agenda Item No. 17; and answered any questions if needed. The consensus of the City Council was to reduce the not-to-exceed amount of $10,000.00 to $5,000.00 for Kopesky & Britt, LLC for the closing. • City Treasurer Kim Creech addressed the City Council regarding Agenda Item No. 10; and answered any questions if needed. • Police Chief Stephanie Hollinghead addressed the City Council regarding Agenda Item No. 20; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 5:55 p.m. ______________________________ Jack Burrell, Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 30 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1428 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: FINAL ADOPTION – Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, S.E. Civil, on behalf of the Owners, Robert and Renee Taylor and FST Blue Island Owners Association, to amend the Planned Unit Development, known as Hermitage Court. The property is approximately .36 acres and is located at 620 Hermitage Court. PPIN #: 226992 AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: Council, while convoluted because this is a PUD amendment, this is a very simple change. It is essentially a common lot line move to make one R-1 lot bigger and one smaller. Both lots remain in compliance with Zoning Standards. 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: Page 31 of 409 Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 32 of 409 ORDINANCE NO. _____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE AND ORDINANCE NO. 1698: A PLANNED UNIT DEVELOPMENT KNOWN AS HERMITAGE COURT PUD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: Whereas, the City of Fairhope, Alabama, has approved a request to rezone property to PUD – Planned Unit Development, with Ordinance No. 1698 on the 8th day of February 2021 to establish the Hermitage Court PUD; Whereas, all property Owners within Hermitage Court PUD submitted an application to amend Ordinance No. 1698 to increase the size of Lot 7 as recorded on Slide 2812-C thereby altering the boundary of the Hermitage Court PUD; Now Therefore, after appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama, has forwarded a favorable recommendation to amend the Hermitage Court PUD. The property of FST Blue Island Owners Association and a portion of property owned by Robert and Renee Taylor that is being conveyed to James William and Marlo Wilson Lowery (Owners of Lot 7 in Hermitage Court PUD), generally located at 620 Hermitage Court, in Fairhope, Alabama. Hermitage Court PUD PPIN #: 226992 Legal Description: (Case number ZC 25.02) ALL PARCEL (“LOTS”) ON THE HERMITAGE COURT RE-SUBDIVISION, A PLANNED UNIT DEVELOPMENT, A RE-SUBDIVISION OF LOT 2, HERMITAGE COURT, UNIT ONE (SLIDE 1092-A), AS SHOWN BY A MAP OR PLAT THEREOF, RECORDED ON SLIDE 2812-C, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA. ADDITIONAL LAND ADDED TO LOT 7 OF THE HERMITAGE COURT PUD COMMENCING AT A ONE-HALF INCH CAPPED REBAR FOUND (SE CIVIL CA-1167), BEING THE NORTHWEST CORNER OF LOT 7, HERMITAGE COURT RE-SUBDIVISION, A PLANNED UNIT DEVELOPMENT, A RE-SUBDIVISION OF LOT 2, HERMITAGE COURT, UNIT ONE (SLIDE 1092-A), AS SHOWN BY A MAP OR PLAT THEREOF, RECORDED ON SLIDE 2812-C, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA: THENCE RUN S 89°06'44" E, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 11.93 FEET, TO A CHAIN-LINK FENCE CORNER POST, BEING THE POINT OF BEGINNING, THENCE CONTINUE S 89°06'44" E, A DISTANCE OF 132.27 FEET, TO A ONE-HALF CAPPED REBAR SET (SE CIVIL CA-1167); THENCE RUN N 00°07'55" E, A DISTANCE OF 99.97 FEET, TO A ONE-HALF INCH CAPPED REBAR SET (SE CIVIL CA-1167); THENCE RUN N 89°11'28" W, A DISTANCE OF 134.21 FEET, TO A ONE-HALF INCH CAPPED REBAR FOUND (MOORE); THENCE RUN S 00°59'00" E, A DISTANCE OF 99.83 FEET, TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINING 0.31 ACRES, MORE OR LESS. 1. That, attached as “Exhibit A” is an approved site plan. The property must develop in substantial conformance with the approved site plan and supporting documents. Any substantial deviation from the attached site plan, as determined by the Director of Planning, will require re-approval by the Planning Commission and the City Council of the City of Fairhope, Alabama, as a PUD amendment. Page 33 of 409 Ordinance No. _____ Page -2- 2. That, attached as “Exhibit B” is an approved Master Development Plan. The property must develop in substantial conformance with the approved site plan and supporting documents. Any substantial deviation from the Master Development Plan, as determined by the Director of Planning, will require re-approval by the Planning Commission and the City Council of the City of Fairhope, Alabama, as a PUD amendment. 3. That, the following amendments have been made to the PUD: The size of Lot 7 increases as shown on Exhibit A. No new lots are created with this amendment. Setbacks: Setbacks for Lot 7 are altered and shown on the Site Plan (Exhibit A) and the Master Development Plan (Exhibit B). A re-plat shall be recorded in Baldwin County Probate to alter the boundary for Lot 7. The Planned Unit Development (PUD) known as Hermitage Court PUD is hereby amended. It 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. Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF MAY, 2025 _______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 12TH DAY OF MAY, 2025 _______________________________ Sherry Sullivan, Mayor Page 34 of 409 Planning Commission (5 Ayes) voted to recommend approval of ZC 25.02 City Council April 29, 2025 Page 35 of 409 Page 36 of 409 1 ZC 25.02 Hermitage Court PUD Modification – March 6, 2025 Summary of Request: Authorized agent, SE Civil, LLC (Aaron Collins), on behalf of owner, FST and Blue Island Owner’s Association requests a modification of the Hermitage Court PUD shown below and recorded as Slide 2812-C on December 13, 2021. More specifically, Lot 7 (620 Hermitage Court), owned by FST and Will and Marlo Lowery, will gain more square feet from a subdivision of PPIN: 226992, a R-1 zoned lot owned by Robert and Renee Taylor (“Taylor Lot”). The Taylor Lot is not part of the Hermitage Court PUD. See below. Taylor Lot Page 37 of 409 2 ZC 25.02 Hermitage Court PUD Modification – March 6, 2025 Comments: The application is accompanied by a re-plat. The subdivision and purchase of part of the Taylor Lot is scheduled for February 28, 2025. This staff report was prepared prior to the subdivision and purchase of the Taylor Lot with the assumption of a successful closing prior to the date of the Planning Commission meeting. If the purchase has not been executed prior to the March 6, 2025, Planning Commission meeting then this staff report is moot. Proposed Re-plat There will not be any construction affiliated with the re-plat and modification of the Hermitage Court PUD. There is a 15ft drainage easement at the rear of the current Lot 7. Accessory structures are permitted according to Ordinance 1698 Hermitage Court PUD. Accessory structures in the PUD are per R-1 requirements for accessory structures. The result of this amendment will add the area shown in purple below to Lot 7 of Hermitage Ct, which will increase the zoning district boundary of the PUD known as Hermitage Court PUD. Page 38 of 409 3 ZC 25.02 Hermitage Court PUD Modification – March 6, 2025 As part of the approval process for the Hermitage Court PUD Applicant was required to submit two (2) bound copies of the Master Development Plan to supplement the Ordinance. Since then, the PUD has been fully developed and an updated Master Development Plan has been submitted with this application that reflects the property transaction and modification of the PUD at hand. 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: Meets. Established residential area. (2)Compliance with the standards, goals, and intent of this ordinance; Response: Meets. (3)The character of the surrounding property, including any pending development activity; Response: Meets. (4)Adequacy of public infrastructure to support the proposed development; Response: Meets. Already an existing subdivision with utilities. (5)Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Meets. (5)Compliance with other laws and regulations of the City; Page 39 of 409 4 ZC 25.02 Hermitage Court PUD Modification – March 6, 2025 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. (8)Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: None anticipated. Recommendation: Staff recommends approval of ZC 25.02 Hermitage Court PUD modification with the following conditions: 1)Applicant shall submit two (2) bound copies of an updated, complete, and accurate Master Development Plan to accompany this PUD modification. 2)Record the Re-plat with the Baldwin County Probate. Condition 1 has been met. Condition 2 remains. Page 40 of 409 Page 41 of 409 Page 42 of 409 Page 43 of 409 Page 44 of 409 Page 45 of 409 Page 46 of 409 Page 47 of 409 Page 48 of 409 Page 49 of 409 Page 50 of 409 Page 51 of 409 Hermitage Court A Planned Unit Development Developed by: 68V Paydirt, LLC 707 Belrose Avenue Daphne, AL 36526 Page 52 of 409 Site Map Overall Summary Hermitage Court is a single family residential community located on the west side of Blue Island Street and east of Fairwood Subdivision. It consists of 8 Lots on 4.70 Acres for a density of 1.7 units per acre, accessed by a public right of way that is maintained by The City of Fairhope. Page 53 of 409 Legal Description This development is a resubdivision of Lot 2, Hermitage Court Unit One, as recorded at Slide 1092-A. Ownership/Developer The property is currently owned by: FST Blue Island Owners Association Inc. 2700 Highway 280 Birmingham, AL 35223 The property was developed by: 68V Paydirt, LLC 707 Belrose Avenue Daphne, AL 36526 Page 54 of 409 Neighborhood Character The lots in Hermitage Court are in keeping with surrounding neighborhoods, which are generally R-1 sized lots. The Fairwood Subdivision along our east margin is zoned R-2, with lot sizes slightly smaller than those with our development, the effect of this being that the lots in Hermitage Court are almost identical to the surrounding neighborhoods. Zoning Map Comparison to Underlying R-1 Zoning Although generally consistent with R-1 zoning, a few modifications to the R-1 requirements have been approved due to the spatial restrictions of the property: Summary of Comparisons R-1 Zoning vs. PUD Requirement R-1 Existing Min Lot Width 100' 100' Min. Lot Area 15,000 sf 14,000 sf Max. Bldg. Ht.40% 40% Setback Front 30' 30' Setback Rear 40' 35' Setback Side 10' 35' Setback Street 20' 10' Page 55 of 409 Comprehensive Plan This property and the surrounding properties are recommended for Single Family Residential use by the Comprehensive Plan. Our development is in harmony with this recommendation. Comprehensive Plan Home Ownership Homes are privately owned by individuals with no anticipated leasing. However, should an owner choose to lease their property, a one (1) year minimum lease, in writing, is required. Only residential use is permitted on each property. No commercial activities of any kind whatsoever shall be conducted in any Home, any other building located on a Lot, or any portion of any Lot; provided, however, that (a) an Owner may conduct a business entirely within his Home so long as (i) such business uses only ten percent (10%) of the total square footage of such Home, (ii) such business does not result in parking of additional vehicles on the Subdivision streets or Common Areas, (iii) such business is secondary to the use of the Lot for residential purposes, (iv) such business shall not violate any applicable zoning ordinances, and (v) such business does not create a nuisance or unreasonably interfere with any other Owner, Home, or Lot, and (b) Builders shall have the right to use a House as a “model home” and to operate a sales office from such model home with the prior written approval of the Architectural Review Committee. Page 56 of 409 Land Use 100% of the lots are privately owned, single family residential. The Common Areas will remain private and will be solely for the use and enjoyment of the Hermitage Court residents. Maintenance of the Common Areas shall be the responsibility of the Home Owners Association. Streets are constructed to City Standards and have been dedicated to the City. Lots Lots range from 14,474 square feet to 27,816 square feet, for an average of 17,422 square feet. All lots are a minimum of 100 feet wide at the building setback. Building setbacks are 35 feet on front and rear, and 10 feet on the side lot lines. There are no corner lot setbacks on our plan. Greenspace The site has 0.75 acres of greenspace, or 17% of total site. This exceeds the 15 % required based on Greenspace Density Calculations as shown on our PUD plan. Utilities Water, Sewer and Electrical service is provided by the City of Fairhope. AT&T will provide telecommunications. Pedestrian Circulation Sidewalks are constructed on both sides of streets, running along the front of all lots and common areas, providing full circulation for pedestrians. Page 57 of 409 Lighting Streetlights are standard Acorn style lights at 75 foot spacing along sidewalks. Accessory Structures / Equipment Accessory structures are permitted as per standard R-1 regulations regarding location, percentage of coverage, and setbacks from property lines. Exterior AC units and generators (if elected) will be screened from street by landscaping. Fencing Individual Owners may elect to install fencing. Walls or fences constructed or erected on any Lot shall be of ornamental iron, wood, black painted metal or masonry construction. No wall or fence shall be constructed from the front property line to the rear corners of the House. No fences may be constructed without the prior written approval of the Architectural Control Committee Parking Parking is provided for each residence. A minimum of 3 spaces is provided for each residence including driveways and garages. Houses Maximum building height is 30 feet as per standard City of Fairhope requirements. Maximum lot coverage by principal structure is 40% in keeping with R-1 zoning. Exterior materials consist of brick, hardie board, wood and vinyl eaves. Driveways are concrete with pavers or concrete stamping permitted for detail and enhancement. Minimum house size is 2,400 square feet with a 2-car garage as outlined in the attached covenants. Page 58 of 409 LEGAL DESCRIPTION: ALL PARCEL (“LOTS”) ON THE HERMITAGE COURT RE-SUBDIVISION, A PLANNED UNIT DEVELOPMENT, A RE-SUBDIVISION OF LOT 2, HERMITAGE COURT, UNIT ONE (SLIDE 1092-A), AS SHOWN BY A MAP OR PLAT THEREOF, RECORDED ON SLIDE 2812-C, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA. ADDITIONAL LAND ADDED TO LOT 7 OF THE HERMITAGE COURT PUD COMMENCING AT A ONE-HALF INCH CAPPED REBAR FOUND (SE CIVIL CA-1167), BEING THE NORTHWEST CORNER OF LOT 7, HERMITAGE COURT RE-SUBDIVISION, A PLANNED UNIT DEVELOPMENT, A RE-SUBDIVISION OF LOT 2, HERMITAGE COURT, UNIT ONE (SLIDE 1092-A), AS SHOWN BY A MAP OR PLAT THEREOF, RECORDED ON SLIDE 2812-C, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA: THENCE RUN S 89°06'44" E, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 11.93 FEET, TO A CHAIN-LINK FENCE CORNER POST, BEING THE POINT OF BEGINNING, THENCE CONTINUE S 89°06'44" E, A DISTANCE OF 132.27 FEET, TO A ONE-HALF CAPPED REBAR SET (SE CIVIL CA-1167); THENCE RUN N 00°07'55" E, A DISTANCE OF 99.97 FEET, TO A ONE-HALF INCH CAPPED REBAR SET (SE CIVIL CA-1167); THENCE RUN N 89°11'28" W, A DISTANCE OF 134.21 FEET, TO A ONE-HALF INCH CAPPED REBAR FOUND (MOORE); THENCE RUN S 00°59'00" E, A DISTANCE OF 99.83 FEET, TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINING 0.31 ACRES, MORE OR LESS. Page 59 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1464 FROM:Sherry Sullivan, Mayor Jack Burrell, Council President SUBJECT:An Ordinance to declare that certain real property of the City of Fairhope (Part of the K-1 Center 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 fifteen (15) year term for the minimum yearly rent of $1.00 payable as specified in lease. AGENDA DATE: April 29, 2025 RECOMMENDED ACTION: That the City Council adopts Ordinance to declare that certain real property of the City of Fairhope (Part of the K-1 Center 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 fifteen (15) year term for the minimum yearly rent of $1.00 payable as specified in lease. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 60 of 409 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 61 of 409 ORDINANCE NO. _____ BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. It is hereby established 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: 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 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. 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 purpose of carrying on as a Business Incubator Hub operated by Baldwin County Community and Economic Development Foundation, Inc. or other associated purposes 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 $1.00 payable as specified in lease. 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 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. Page 62 of 409 Ordinance No. _____ Page -2- SECTION 5. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF MAY, 2025 ________________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 12TH DAY OF MAY, 2025 ________________________________ Sherry Sullivan, Mayor Page 63 of 409 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 BALDWIN COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT FOUNDATION, INC., an Alabama non- profit corporation (“TENANT”). 2.TERM OF LEASE: This LEASE shall commence on _______________________, 2025, and shall run for a 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 (15.00 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 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 PREMISES minus attached trade fixtures and other attached furniture, fixtures and equipment shall be repaired with all proper speed Page 64 of 409 2 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). f) 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. g) 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. h) 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 with lease rental rates increasing to $5,000.00 per month. All other terms in effect at the time such hold over takes place shall remain the same as stated herein. 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 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. 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 thirty days, the aggrieved party may cancel this LEASE without further obligation. Page 65 of 409 3 10. 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. 11. 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. 12. 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. 13. 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 all 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 envelope 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. The TENANT will maintain liability coverage for events arising out of occurrences related to said building or grounds which are due to the negligence or willful or wanton misconduct of the TENANT or its invitees. 14. BUILDING MAINTENANCE: LESSOR and TENANT 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 that the parties shall then be equally responsible for maintenance, repair and/or replacement of the HVAC system and plumbing systems throughout the TERM. LESSOR shall be responsible for maintenance, repair of electrical systems throughout the term of the lease. After satisfactory inspection and turnover, LESSOR shall not be 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. LESSOR at its sole discretion, shall determine if the damage necessitating repair or replacement was caused by the negligent or willful acts of the TENANT, its agents, employees or invitees. Page 66 of 409 4 15. LANDLORD/TENANT GENERAL RESPONSIBILITIES: See Exhibit B attached hereto. 16. 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. 17. 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. 18. GOVERNING LAW: This LEASE shall be governed by and interpreted under the laws of the State of Alabama. [Signatures on Following Page] Page 67 of 409 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 68 of 409 Exhibit A to Lease Agreement EXHIBIT A Depiction of the Premises (Pink Hatch) Page 69 of 409 Exhibit B to Lease Agreement EXHIBIT B LANDLORD-TENANT GENERAL RESPONSIBILITIES JOINT RESPONSIBILITIES The parties shall be equally responsible for maintenance, repair and/or replacement of the HVAC and plumbing systems throughout the TERM. LESSOR shall not be required to repair or replace any mechanical, HVAC, electrical or plumbing system damage caused by the neglect 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, or invitees and charge back TENANT for repair or replacement. LESSOR at its sole discretion, shall determine if the damage necessitating repair or replacement was caused by the negligent or willful acts of the TENANT, its agents, employees or invitees. 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 major electrical systems and if/when LESSOR deems necessary, periodic inspections of the HVAC and/or plumbing systems. 3. Annual inspection, repair and maintenance fire alarm/suppression systems. 4. Utility cost and maintenance of detached exterior lighting (metered separate) 5. Campus (including PREMISES) sanitation services provided at pickup point. 6. Maintaining insurance on the structure only as set forth above. 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. Page 70 of 409 Exhibit B to Lease Agreement 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 71 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1476 FROM: Richard Johnson, CITY ENGINEER Nicole Love, Grants Coordinator SUBJECT: The City Engineer, Richard Johnson, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for the redevelopment of the K-1 Center. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-009-COF-2023-EDA001 K-1 Center Redevelopment to Rogers & Willard Inc. for a not-to-exceed amount of $6,055,579.00, pending successful renewal of their Sam.gov number. BACKGROUND INFORMATION: A service bid was issued on March 28, 2025, posted to the City of Fairhope's website, and published in three (3) statewide newspapers and Gulf Coast Media. Five (5) responsive bids were received at the bid opening on April 29, 2025 at 2:00 p.m. The City Engineer recommends the award be made to Rogers & Willard, Inc. Their low bid price was as follows: Base Bid: $5,850,300.00 Contingency Allowance No. 1: $150,000.00 Allowance No. 2 (Sub-Floor): $48,279.00 Allowance No. 3 (Reclaimed Brick: $7,000.00 Their low bid response price for the Base Bid plus Contingency Allowance No. 1, Allowance No. 2, and Allowance No. 3 is Six Million Fifty-Five Thousand Five Hundred Seventy-Nine Dollars ($6,055,579.00). This project is partially funded by ADECA General Fund appropriation of $1,000,000.00 and EDA Grant funding of $2,500,000.00. This award recommendation is based on Rogers & Willard Inc. attaining a renewal of their Sam.gov number. Previous Council Action: February 13, 2023: Resolution No. 4687-23 RFQ PS020-22 Contract for Page 72 of 409 Architectural/Engineering Design Campus Master Plan with Watermark Design Group with a not-to-exceed amount of $151,900.00 February 13, 2023: Resolution No. 4688-23 RFQ PS020-22 Contract for Architectural/Engineering Design and Construction Inspection Services with Watermark Design Group with a not-to-exceed amount of $293,000.00 August 26, 2024: Resolution No. 5164-24 to authorize acceptance of an ADECA General Fund appropriation of $1,000,000.00 (Grant #AL-LI-25-001); and authorizes Mayor Sherry Sullivan to sign all necessary documents. April 22, 2024: Resolution No. 5047-24 That the City Council hereby commits the City to provide the additional Capital Appropriation of up to $2,000,000.00; approves the amended EDA project Budget and the amended EDA Project Scope of Work; and authorizes the Mayor to execute all related documents concerning the amended EDA Grant/Project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55884 K-1 Center $5,264,087.00 $6,055,579.00 ($791,492.00) Budget FY2026 additional funding of $791,492.00 Budget FY2025 Revenue funding: EDA Grant: $2,500,000.00 ADECA Grant: $1,000,000.00 General Fund Transfer Approved 4/22/24: $2,000,000.00 Insurance roof claim $131,000.00 Total funding: $5,631,000.00 Less Engineering services FY 2025 budget: $366,913.00 Balance funding: $5,264,087.00 GRANT: EDA Investment No. 04-79-07751 ADECA Grant No. AL-LI-25-001 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 Page 73 of 409 Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 74 of 409 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 on (Bid Number 25- 009-COF-2023-EDA001) to procure a qualified contractor to provide all materials, equipment, labor and incidentals for the Redevelopment of the K-1 Center. [2] At the appointed time and place, the following bids were opened and tabulated as follows: [3] After evaluating the bid proposals with the required bid specifications, Rogers & Willard Inc. is awarded (Bid Number 25-009-COF-2023-EDA001) as the low bidder for a qualified contractor to provide all materials, equipment, labor and incidentals for the Redevelopment of the K-1 Center for a total not-to-exceed amount of $6,055,579.00. that includes the Base Bid plus Contingency Allowance No. 1, Allowance No. 2, and Allowance No. 3. The award recommendation is based on Rogers & Willard Inc. attaining a renewal of their Sam.gov number. [4] Authorize the City Treasurer to transfer $791,492.00 from the General Fund to the Capital Project Fund. Adopted on this 12th day of May, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MM City Clerk Page 75 of 409 2970 Cottage Hill Road, Suite 200, Mobile, AL 36606 251.666.2443 ph. / 251.666.6422 fax www.thompsonengineering.com May 1, 2025 City of Fairhope City Service and Public Utilities 555 South Section Street Fairhope, AL 36532 SUBJECT: K-1 Center Redevelopment Project No. COF-2023 EDA 001 EDA Investment NO. 04-79-07751 Bids were received at the time and place stated in the Bid Documents and Advertisement. Five (5) bids were received prior to the 2:00 PM deadline. The bid packages were publicly opened, reviewed and read aloud in the City’s public works conference room. The apparent low bidder was Rogers & Willard Inc. with a base bid of $5,850,300.00. They included a Contingency Allowance No.1 for $150,000.00, an Allowance No.2 for $48,279.00, and an Allowance No.3 for $7,000.00 for a Total Bid of $6,055,579.00. After examination of the bid package submitted, the only apparent irregularity found was the absence of a SAM.gov number. Upon further investigation, Rogers & Willard, Inc. has a lapsed SAM.gov number and have applied for renewal. Therefore, it is our recommendation, provided funding is available and the SAM.gov renewal process is completed, that the award of the Contract for the K-1 Center Redevelopment project No. COF-2023 EDA 001 EDA Investment No 04-79-07751 be made to Rogers & Willard Inc. The recommendation is provided for your use in consideration of award of the Contract. Please let us know if we can be of further assistance. Sincerely, For the Firm John A. McArthur, III, AIA President / Architect Watermark Design Group, LLC Page 76 of 409 + - + - + $150,000.00 - + - + - TOTAL BASE BID INCL. ENVELOPE CHANGES $6,047,200 $5,850,300 $6,983,500 ALLOWANCE No2 (Sub-Floor) $32,242 $79,400 M.W. Rogers Y Y B N Y Y $150,000 $76,468 $7,743,562 $69,071 N $150,000 TABULATION OF BIDS ALLOWANCE No3 (Reclaimed Brick) PROJECT NUMBER COF-2023 EDA001 EDA INVESTMENT NO. 04-79-07751 LOCATION:555 South Section St. Fairhope, AL City Services and Public Utilities Building Conference Room off of Main Lobby SAM.GOV NUMBER(Y) or (N)N BID OPENING TIME: $30,000 $7,511,887 Klarman & Day General Contractors I certify that the above bids were advertised, were received sealed, were publicly opened, and read aloud at the time and place indicated and that this is a true and correct tabulation of all bids received for this project. Seal: NOTES Print Name and Title of Architect / Engineer WATERMARK DESIGN GROUP, LLC Architectural / Engineering Firm Name By: Signature JOHN A. McARTHUR, III $7,298,023 CONTINGENCY ALLOWANCE (No1) ($150,000) OUTSIDE OF ENVELOPE INFORMATION BIDDER NAME (ALPHABETICAL ORDER)AL GC LICENSE #(Y) or (N)Tuesday, April 29, 2025 $53,100 PROJECT ADDRESS: PROJECT NAME: Bear General Contractors K-1 CENTER REDEVELOPMENT BID FORM INFORMATIONENVELOPE CONTENTS ADDENDA 1 THRU 3(Y) or (N)PROPOSAL FORM COMPLETE / SIGNEDUNIT PRICES PROVIDED(Y) or (N)BID BOND (B) CHECK (C)ENVELOPE CHANGES TOTAL BID INCL. ALLOWANCES 100 SOUTH CHURCH ST. FAIRHOPE AL 36532 YY Y B Y B N YY $6,282,542 $7,252,487 $150,000 Y $48,279 $7,000 $6,055,579 $10,000 Rogers & Willard Construction Y Y B N Y Y $150,000 $7,174,000 Tindle Construction Y Y B N Y Y $150,000 $30,500 STATE O F A LA B A MAJOHN A. M C A RT H U R, III6431 REGIS TERED A R C H ITECTPage 77 of 409 Sherry Sullivan Richard D. Johnson, PE Mayor City Engineer City of Fairhope, Public Works Department 555 South Section Street – Fairhope, Alabama 36532 251-928-8003 April 30, 2025 RE: City of Fairhope – COF-2023 EDA001 K-1 Center – Project Bid, Funding & Budget Background: This project proposes converting all or a portion of a key building at the K-1 Center owned by the City of Fairhope into a Business Incubator and Innovation Hub operated under Hatch by the Baldwin County Economic Development Alliance. Hatch will be the tenant and the City will be the landlord. This project was spawned by the receipt of a Grant from The U.S. Economic Development Administration (EDA) for the purpose of establishing an economic incubator in the City of Fairhope. The K-1 Center is a former school campus composed of many buildings that the City purchased from the County Board of Education some years back. One of the buildings on the 7+ acre campus is the original High School Building. This building has been added onto over its 100-year lifespan and contains roughly 30,000 square feet on the main level and 15,000 square feet of basement. The building has been unoccupied and has not received thorough maintenance for 13+ years. Prebid Plans, Cost Estimate and Budget Review: November 1st was the design team’s target to deliver 60% Drawings, Budgetary Review (3rd Party), Draft Contract Documents (to be reviewed by Grant Managers), and Draft Specifications. They met that deadline and presented the City with all referenced project documents. Key discussion item is the estimated cost versus current budget. To review funding, budget and project deliverables: Funding (Construction): EDA Grant (75/25) USEDA $2,500,000.00 COF Match (25%) ` $ 625,000.00 Subtotal: $3,125,000.00 Additional Funding Provided by the City of Fairhope: $1,713,000.00 Grand Total: $4,838,000.00 Prebid Cost Estimate (3rd Party Review): Low End Budgetary Pricing (Less 30%) = $4,651,481.80 Estimated Budgetary Pricing (M.P. Today’s Dollars) = $6,644,974.00 High End Budgetary Pricing (Plus 30%) = $8,638,466.20 Cost Differential at Midpoint Estimate = $1,806,974.00 (Over Budget) Page 78 of 409 Building Envelope Deliverables: Main Floor (Building Envelope & Full Finish Out for Hatch)**: 16,303 SQ FT **Does not include FFE – will deliver “white box” office space Basement (Building Envelope/Mechanical & Utility): 2,735 SQ FT Basement (Building Envelope/Mothballing for future City use): 3,565 SQ FT Bid Opening & Results: Bids were open for the project at 2:00 P.M. on Tuesday, April 29, 2025. It appears that five (5) qualifying bids were received and opened. It appears that Rogers & Willard, Inc. holds the low qualifying bid at a total project cost of $6,055,579.00. The high bid came in at $7,743,562.00 and the average of the five bids was $6,953,514.00. A comparison of budget, project estimate and actual bids yields: Current Budget (See Notes Above) = $4,838,000.00 Prebid Estimate of Cost (M.P. Today’s Dollars) = $6,644,974.00 Low Bid (Rogers & Willard, Inc.) = $6,055,579.00 Cost Differential vs. Prebid Estimate = $ 589,395.00 (Under Estimate) Cost Differential – Budget vs. Bid = $1,217579.00 (Over Budget) Summary and Recommendation: During the final phases of design, the project team worked diligently to reduce costs and shift construction costs to the tenant’s FFE cost. Some of those actions were successful and some met with hesitancy from the future tenant. However, the success of the value engineering on the FFE shows in the bid’s performance against the Prebid estimate – bid was over a half a million lower than the construction estimate. The only way to lower costs is redesigning to lessen the interior changes to the building which would be counterproductive to the programmatic future use of the tenant. With a looming deadline on funding (must be under contract with GC by 1st of July 2025), five competitive bids, in addition to the long bureaucratic & compliance process required to get to this point, I recommend the City identify the additional funding and award the low bid to Rogers & Willard, Inc. in the amount of $6,055,579.00. Sincerely, Richard D. Johnson, PE. City Engineer Page 79 of 409 Page 80 of 409 Memorandum From: Richard D. Johnson, P.E., City Engineer To: Sherry Sullivan, Mayor CC: Baldwin County Economic Development Alliance (BCEDA); City Council; Treasurer; Project Staff; File Date: December 5, 2024 Subject: Post BCEDA Meeting - 60% Design Review and Final Budget/Scope of Work for EDA Investment No. 04-79-07751 – K-1 Center/HATCH Mayor: Background: This project proposes to convert all or a portion of a key building at the K-1 Center owned by the City of Fairhope into a Business Incubator and Innovation Hub operated under Hatch by the Baldwin County Economic Development Alliance. Hatch will be the tenant and the City will be the landlord. This project was spawned by the receipt of a Grant from The U.S. Economic Development Administration (EDA) for the purpose of establishing an economic incubator in the City of Fairhope. The K-1 Center is a former school campus composed of many buildings that the City purchased from the County Board of Education some years back. One of the buildings on the 7+ acre campus is the original High School Building. This building has been added onto over its 100-year lifespan and contains roughly 30,000 square feet on the main level and 15,000 square feet of basement. The building has been unoccupied and has not received thorough maintenance for 13+ years. 60% Plans, Cost Estimate and Budget Review: November 1st was the design teams target to deliver 60% Drawings, Budgetary Review (3rd Party), Draft Contract Documents (to be reviewed by Grant Managers), and Draft Specifications. They met that deadline and presented the City with all referenced project documents. Key discussion item is the estimated cost versus current budget. To review funding, budget and project deliverables: Funding (Construction): EDA Grant (75/25) USEDA $2,500,000.00 COF Match (25%) ` $ 625,000.00 Subtotal: $3,125,000.00 Additional Funding Provided by the City of Fairhope: $1,713,000.00 Grand Total: $4,838,000.00 Page 81 of 409 60% Submittal Cost Estimate: Low End Budgetary Pricing (Less 30%) = $4,651,481.80 Estimated Budgetary Pricing (M.P. Today’s Dollars) = $6,644,974.00 High End Budgetary Pricing (Plus 30%) = $8,638,466.20 Cost Differential at Midpoint Estimate = $1,806,974.00 (Over Budget) Building Envelope Deliverables: Main Floor (Building Envelope & Full Finish Out for Hatch)**: 16,303 SQ FT **Does not include FFE – will deliver “white box” office space Basement (Building Envelope/Mechanical & Utility): 2,735 SQ FT Basement (Building Envelope/Mothballing for future City use): 3,565 SQ FT Budget Management Recommendation: The key challenge in addressing the current budget issues is establishing the clear delineation of furniture, fixtures, and equipment (FF&E) from the City’s building project. The Architect of Record has made it clear that this is driving cost since a great quantity FF&E has been included in the current cost estimate for the building construction. The building’s tenant will be Hatch, which operates under the umbrella of Baldwin Community and Economic Development Foundation. It is the City’s understanding that Hatch is the recipient of significant funds to “finish out” the space provided by the City’s project. City Project Design Policies to be Incorporated In the Contract Documents: 90% design is Due by December 15, 2024 with submission to EDA in January 2025. Thus, key design decision have been made to bring the cost of the City’s project in line with available budget. The following design policies shall establish a clear delineation between the building envelope project (City) and the future FF&E project (Tenant) are: • North Wing Lease Offices – These 17+ large cubicle offices are contained in the proposed to be open north wing of the building. The tenant has requested that each office be fully enclosed (walled) from floor to ceiling. Thus, moving these office partition walls from FF&E to building envelope. This requirement was not anticipated in the City’s initial scope of work (SOW) and will lead to additional costs (design and construction) related to HVAC, lighting, electrical etc. As a cost compromise, the Design Policy shall be: o The office’s storefront wall systems shall be a tenant responsibility under their FF&E Contract. The tenant will furnish the Design Team with the required height of the storefront (8’, 10’, etc.) to design the cased opening and wall header. o The side walls and header over the store front (front of office), including all electrical, HVAC, finishes and paint, will be included in the City’s contract. The project will deliver these offices as open-faced cubicles. • Content Creation Studio – It is anticipated that this area may be contained withing non-traditional wall systems – i.e. soundproof glass storefront. Design Policy: o Such specialty wall systems shall be a tenant responsibility under their FF&E Contract. Page 82 of 409 • Coffee Bar – This unique space should be the majority tenant responsibility under their FF&E cost. Only the Countertop along the south wall with sink (built ins) and frontage bar should be part of the City’s Contract. Design Policy: o Appliances, Specialty Equipment, Fixtures, Banquettes, Lounges, Tabletops, Chairs, Accent Walls, Backsplashes, and Specialty Lighting shall be a tenant responsibility under their FF&E Contract. o The City’s contract will provide the appropriate electrical, mechanical and plumbing rough ins to support the design. Tenant shall provide needed specifications. • Catering Kitchen – This was not in the City’s initial SOW. Design Policy: o The entirety of the contents of the Catering Kitchen shall be a tenant responsibility under their FF&E Contract. o The City’s contract will deliver a tiled box with all appropriate electrical, mechanical and plumbing rough ins to support the design. Tenant shall provide needed specifications. • South Wing Meeting Room Flex Space - The south wing is to be opened with a continuous span roof system. The design proposes a system of folding partition walls that can bifurcate the space into four distinct meeting rooms with a central hallway. Design Policy: o The folding partition wall system shall be a tenant responsibility under their FF&E Contract. o The City’s Contract will include the necessary structural elements to support and accommodate the folding partition wall system the tenant desires. Tenant shall provide needed specifications. • High-End Finishes - There appears to be a desire by the tenant for fit and finishes in the building that is not accommodated by the budget. The budget supports a quality midrange finish schedule. Design Policy: o Any accommodation of upgraded finishes will be a tenant responsibility under their FF&E Contract. Tenant shall provide needed specifications and locations for the Contract to support required MEP. o The City’s Contract will establish a base schedule of finishes on the available budget. This would cover bathrooms, trim, flooring, paints, lighting fixtures, etc. • All other Unique Features of a Business Incubator and Innovation Hub – There are many elements of the proposed future use that are not found in a typical City-owned facility. Such as, phone booth cubicles, snack bars, co-working stations, multimedia conference rooms, and super high-end & high-tech doors, window shade systems, enclosures and furnishings. Design Policy: o All such elements shall be a tenant responsibility under their FF&E Contract. o The City’s Contract will not include any such unique elements. Contract Management: There is no practical way to integrate the two distinct Project Contracts. The City is conducting a building restoration and remodel project and Hatch is conducting a tenant build out FF&E Project. Even though the design has been integrated, the projects and their funding are separate and distinct. Work and the associated funds cannot be comingled, overlapped or shared. Nor would there be any possible way to ensure the General Contractor (GC) who is awarded the construction project would or could be the GC for the Hatch FF&E Project. These projects must be kept completely separated outside of their unified design. Design Policy: • The City’s Contract will strictly define the work that is included. It will expressly exclude all work that is defined as tenant responsibility under separate and future FF&E Contract. • The City’s contract can no longer be used by the tenant for any FF&E design and specification outside of the minimum coordination to support the tenant’s project. • The City will provide the Tenant with a project schedule for planning purposes. • 90 to 180 days out from the City’s project substantial completion, the Tenant can start the process of letting their FF&E Project. Page 83 of 409 • Overlapping of contractor occupancy may be difficult and problematic from a grant and project management standpoint. • It may be best that once the City’s project is completed and the lease is enacted, then keys can be handed over to the tenant to begin their finish out under their FF&E Contract. These Design Policies shall be fully and wholly incorporated in the process leading to the 90% design benchmark to be met by December 15, 2024. This is a firm directive from the City as owner to the contracted design firm. The 60% design indicates the potential for severe budget overruns, which are not an option. By clearly delineating what is deemed part of the Building Envelope & Finish Out (“white box”) and what is considered tenant FF&E, it allows the best opportunity to stay within budget. The tenant is a wholly separate entity from the City. The City, outside of established lease terms, has no authority to dictate means or methods of how the tenant takes occupancy of the building after completion of the City’s project. However, the City recommends the following: • Tenant should enter int an A&E Contract for the Design and Specifications for their FF&E Project as soon as possible – For efficiency and coordination they should use the same A&E Firm as the City. However, that is a tenant driven decision. • The tenant must select key FF&E elements in short order to insure buildout coordination and seamless transition from the Building Project to the Tenant’s FF&E Project. • Key Tenant FF&E selections, design and specifications must be received by the City’s Design Team in short order. The City’s goal is to submit to EDA the first week of January 2025. During that review period, the City’s Architects can revise the design to accommodate the selected FF&E components. The City needs this information no later than January 17, 2025. • Many of the elements of the Tenant’s FF&E project may have significant production lead-times – this can all be vetted in their A&E Design Process to ensure no time loss at occupancy. Regards, Richard D. Johnson, PE. City Engineer Attachments: • 60% Design Drawings • 60% Budget Projection • Project Design Schedule (Updated) Page 84 of 409 K-1 Center/Hatch Project Design Timeline Proposed (Updated 12/05/24) Prior to 08/01/2024 - Programmatic needs of BCEDA/Hatch have been identified. 08/01/2024 - Full Design Begins. 09/15/2024 – 30% Drawings with Budgetary Review (3rd Party) – 45 days 10/31/2024 - 60% Drawings with Budgetary Review (3rd Party), Draft Contract Documents (to be reviewed by Grant Managers), and Draft Specifications – 90 days 12/15/2024 - 90% Drawings with hard construction cost estimate, complete contract documents and specifications – 105 Days 01/10/2025 - Full Design (i.e. 90%), Contract and Specification submittal to EDA for review, comment and/or approval – 130 days 01/17/2025 - BCEDA/HATCH to have all tenant FF&E selections, design and specifications to City’s Design team to be incorporated/accommodated within the 100% Design – 137 days 02/28/2025 – EDA Approval (all comments addressed, and all revisions complete) – 100% Design, 100% Contract Documents and 100% Specifications - 180 Days 03/01/2025 – Start Advertisement for Bid – 181 Days 04/15/2025 – Bids Open – 225 Days 05/15/2025 - Contract for Construction Awarded by City Council – 255 Days 06/15/2025 - Contract Awarded and Notice to Proceed issued to Contractor – 285 Days 07/06/2025 - EDA Deadline for all activities listed above to have occurred – 306 Days Page 85 of 409 PRF K-1 Center Redevelopment Final Audit Report 2024-12-18 Created:2024-12-18 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAIzQOO4unlNcCmgjLSCSX2JhIsj9awel_ "PRF K-1 Center Redevelopment" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-12-18 - 4:30:26 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-12-18 - 4:30:48 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-12-18 - 4:53:48 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-12-18 - 4:56:30 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-12-18 - 4:56:31 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-12-18 - 6:00:14 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-12-18 - 6:00:16 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-12-18 - 7:39:20 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-12-18 - 7:39:41 PM GMT - Time Source: server Agreement completed. 2024-12-18 - 7:39:41 PM GMT Page 86 of 409 RESOLUTION NO. 5047-24 WHEREAS , The City Council approved and authorized the submission of a United States Economic Development Administration (EDA) grant application by the City of Fairhope and the Baldwin County Community and Economic Development Foundation 's joint requesting an EDA investment of $2 ,500 ,000.00 for renovation of the existing Kl Center Building (100 S. Church Street) to serve as a business resource hub for emerging technology entrepreneurs and companies in the City of Fairhope ; and WHEREAS , the United States Department of Commerce Economic Development Administration (EDA) has approved the grant application by City of Fairhope and the Baldwin County Community and Economic Development Foundation in the amount of $2 ,500 ,000 .00; and WHEREAS , that the City of Fairhope accepted the U.S . Department of Commerce Economic Development Administration Grant Award , EDA Investment No . 04-79-07751 , in the amount of $2 ,500 ,000.00 ; and WHEREAS, due to the length of time between grant application , award and entitlement, the economics of capital construction has experienced heavy inflationary change ; and for the City to use the $2 ,500 ,000.00 in USEDA funds towards this project , additional capital dollars are required ; and WHEREAS , Project Staff is reque sting additional Capital Appropriation of up to $2 ,000,000 .00 (any expenditures will be no earlier than FY2025) beyond the committed $625 ,000.00 City match and the $131 ,000 .00 insurance settlement received for storm damage to K-1 Building . NOW, THEREFORE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereb y commits the City to provide the additional Capital Appropriation of up to $2 ,000 ,000 .00 ; ap oves the amended EDA Project Budget and the amended EDA Project Scope of Work ; and uthorizes the Mayor to execute all related documents concerning the amended EDA Grant/Pro · ct (in 71 \ ding amending the current A&E Professional Services Contract with Thompson/W ate ark . APPROVED ON THIS THE 22ND DA OF "-"AE~= Corey Martin , Council President ATTEST : ~~~ i~anl<:s,MMC City Clerk Page 87 of 409 RESOLUTION NO. 5164-24 WHEREAS , That the City of Fairhope proposes to renovate an historical fonner school building to serve as a business resource hub for emerging technology entrepreneurs and companies. The renovation includes demolition, remediation of existing walls, new interior partition walls , new roofing , new doors and windows , all new interior systems and external site work ; and WHEREAS , That the City of Fairhope presented an application to the U. S. Department of Commerce for grant assistance from an EDA grant of $2,500 ,000 .00 to renovate the K-1 Center as a business resource hub ; and WHEREAS , The US EDA has approved an investment of $2 ,500 ,000 .00 for this project. The City of Fairhope will provide 20% matching funds of $625 ,000.00 and Baldwin County Economic Development Alliance will also be contributing funding; and WHEREAS , That the City Council hereby authorizes acceptance of an ADECA General Fund appropriation of $1,000 ,000 .00 (Grant #AL-LI-25-001); and authorizes Mayor Sherry Sullivan to sign all necessary documents. NOW THEREFORE BE IT RESOLVED , that the City Council hereby authorizes acceptance of an ADECA General Fund appropriation of $1 ,000 ,000.00 (Grant #AL-LI- 25-001 ); and authorizes Mayor Sherry Sullivan to s· 11 necessary documents. ADOPTED ON THIS 26TH DA Corey Martin, Council President Attest: ~~ City Clerk Page 88 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1477 FROM:Sherry Sullivan, Mayor SUBJECT:The Second Amendment to the Lease Agreement as presented between the City of Fairhope and University of South Alabama, a postsecondary institution under the control of the University of South Alabama Board of Trustees, for the leased area 16,000 square foot at 161 N. Section Street, Fairhope, Alabama 36532. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: That Mayor Sherry Sullivan is hereby authorized to execute the Second Amendment to the Lease Agreement as presented between the City of Fairhope and University of South Alabama, a postsecondary institution under the control of the University of South Alabama Board of Trustees, for the leased area 16,000 square foot at 161 N. Section Street, Fairhope, Alabama 36532. BACKGROUND INFORMATION: WHEREAS, this Second Amendment is effective as of the date of execution by the last party to sign is entered into by and between City of Fairhope, Alabama, an Alabama Municipal Corporation, hereinafter referred to as “Lessor”, and University of South Alabama, a postsecondary institution under the control of the University of South Alabama Board of Trustees, hereinafter referred to as “Lessee;” and WHEREAS, the Lessor and Lessee entered into a “Lease Agreement” dated May 4, 2004 regarding the Lessor’s leased area 16,000 square foot at 161 N. Section Street, Fairhope, Alabama 36532 with commencement date being July 1, 2007; and WHEREAS, the Lessor and Lessee entered in a First Amendment dated May 20, 2021 with an expiration date of June 30, 2025; and WHEREAS, the Lessor and Lessee desire to modify the Agreement with the terms and conditions in the Second Amendment. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) Page 89 of 409 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 90 of 409 RESOLUTION NO. _____ WHEREAS, this Second Amendment is effective as of the date of execution by the last party to sign is entered into by and between City of Fairhope, Alabama, an Alabama Municipal Corporation, hereinafter referred to as “Lessor”, and University of South Alabama, a postsecondary institution under the control of the University of South Alabama Board of Trustees, hereinafter referred to as “Lessee;” and WHEREAS, the Lessor and Lessee entered into a “Lease Agreement” dated May 4, 2004 regarding the Lessor’s leased area 16,000 square foot at 161 N. Section Street, Fairhope, Alabama 36532 with commencement date being July 1, 2007; and WHEREAS, the Lessor and Lessee entered in a First Amendment dated May 20, 2021 with an expiration date of June 30, 2025; and WHEREAS, the Lessor and Lessee desire to modify the Agreement with the terms and conditions in the Second Amendment. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Sherry Sullivan is hereby authorized to execute the Second Amendment to the Lease Agreement as presented between the City of Fairhope and University of South Alabama, a postsecondary institution under the control of the University of South Alabama Board of Trustees, for the leased area 16,000 square foot at 161 N. Section Street, Fairhope, Alabama 36532. Adopted this 12th day of May, 2025 ________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 91 of 409 SECOND AMENDMENT TO LEASE DATED: May 12, 2025 BETWEEN City of Fairhope, LESSOR AND University of South Alabama, TENANT WITNESSETH WHEREAS, the above-named parties are parties to that original Lease Agreement, dated May 4, 2004 and later amended April 1, 2021 (the “Lease”), by which TENANT leased 16,000 square foot 161 North Section Street, in Fairhope, Alabama. Said parties desire to amend the Lease in certain respects. NOW THEREFORE, for and in consideration of the mutual benefit to be derived therefrom, the parties agree as follows: 1. The Lease Term is hereby amended to expire June 30, 2028. 2. Section 4, RENT, shall be replaced with the following: The annual rent shall be Twenty-Seven Thousand Five Hundred and 00/100 dollars ($27,500.00) per year. 3. Except as amended hereby, all other terms of the Lease shall remain in full force and effect. LESSOR: TENANT: City of Fairhope The Honorable Sherry Sullivan Mayor Date University of South Alabama Kristen C. Roberts Chief Financial Officer Date Page 92 of 409 Page 93 of 409 Page 94 of 409 Page 95 of 409 STATE OF ALABAMA COUNTY OF BALDWIN LEASE AGREEMENT 1. PARTIES: This lease is made by and between the CITY OFF AIRHOPE, a municipal corporation in the State of Alabama, hereinafter called LESSOR; and the UNNERSITY OF SOUTH ALABAMA, hereinafter sometimes referred to as TENANT, a postsecondary institution under the control of the UNNERSITY OF SOUTH ALABAMA BOARD OF TRUSTEES. 2. TERM OF LEASE~ This lease shall commence upon the Fairhope Public Library vacating the premises. This lease shall run for fifteen (15) years from the date of occupancy by TENANT. 3. LOCATION: This lease covers the demised premises located in Baldwin County, Alabama, in the City of Fairhope, at 161 North Section Street presently occupied by the Fairhope Public Library. The demised premises contains approximately 16,000 square feet of floor space. 4. RENT: The annual rent shall be One Dollar ($1.00) per 5. COVENANTS: a) TENANT agrees to pay said rent in full (Fifteen dollars) for the term of this lease at time of occupancy. 1 Page 96 of 409 b) TENANT agrees to use and occupy the premises for the purpose of carrying on the business of a higher education institution or other legitimate commercial purposes only and for no other object or purpose without the written consent of the LESSOR, and to comply with all lawful rules and regulations. c) TENANT agrees not at any time to assign this agreement or to sublet the demised premises, or any portion thereof, other than the TENANT shall have the right to assign or sublease the demised premises to any other state agency, institution, commission, or department without the written permission of the LESSOR, provided such assignment or sublease shall not interfere with the peaceful and quiet enjoyment of any other tenants. d) TENANT shall at all times keep the demised 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 demised premises creating a nuisance thereon and TENANT further agrees to permit the LESSOR or his 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. TENANT further covenants and agrees to keep the grounds and exterior area adjoining the demised 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. If, during the term of this lease, or 2 Page 97 of 409 any renewal or extension hereof, the premises hereby leased 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 thirty (30) days after such damage to terminate this lease. During the period of the occurrence of such fire or other casualty until the completion of the repairs to the premises, the rental due under this agreement shall be abated proportionately as to the area rendered untenable shall bear in relation to the total area of the leased premises. However, during the term of this lease, or any renewal or extension hereof, should said premises be damaged by fire or casualty so that said 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 thirty (30) days following such damage, and the rent shall be paid only for the portion of the month prior to such date of damage and shall terminate upon such date; and upon such termination, TENANT shall immediately surrender the premises to LESSOR who may enter and repossess said premises. In the event during the term of this lease, or any renewal or extension hereof, said premises shall be rendered unfit for occupancy but can be restored within 120 days, then LESSOR, at LESSOR's expenses shall promptly restore the premises to their former condition, and TENANT shall be excused from paying rent for such portion of the term as TENANT is deprive of occupancy. g) UNNERSITY OF SOUTH ALABAMA will pay all charges and bills for water, gas, electricity, and such utilities as may be assessed or charged against said TENANT during said lease term. 3 Page 98 of 409 h) TENANT shall have the right and privilege to construct and build or install in the demised premises any fixture, equipment, and structures as may be reasonably necessary in TENANT's business. All such fixtures, equipment, and structures of every kind and nature used in said 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 same from said premises at any time; provide, TENANT shall repair or reimburse LESSOR for the cost of repairing any damage of said premises resulting from the removal of such items. LESSOR shall have no obligation to perform any improvements whatsoever. i) LESSOR agrees that the parking area adjacent to, and/ or on, the demised premises will be made available to the TENANT, its employees, students, guests and visitors. 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 renal 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 of the State of Alabama in the event the State Legislature fails to appropriate sufficient fund to TENANT to make the rental payments set out herein which are due and payable under the terms of the lease during each ensuring fiscal year and that under no circumstances shall the commitment under the terms of the lease constitute a debt of the State of Alabama as prohibited by Section 213, Constitution of Alabama, 1901, as 4 Page 99 of 409 amended by Amendment No. XXVI. TENANT may otherwise terminate this lease for any reason at the end of any calendar year upon one (1) month's notice. 8. EXEMPTION: The TENANT, notwithstanding any provision of this lease, incorporations or amendments hereto, does not release or waive, expressly or implied, its right to asset sovereign immunity or any other affirmative or defensive right or claim it may have under law. 9. SUBORDINATION: The TENANT's right 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. 10. DEFAULT: Hat 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 H the default cannot be cured within a reasonable period, the aggrieved party may cancel this agreement without further obligation. 11. 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 lease, or any renewal or extension thereof of its intention to so renew or extend, upon all the same terms and conditions as hereinstated, provided that such renewal or extension is mutually agreeable to both LESSOR and TENANT. 12. 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 5 Page 100 of 409 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. 13. 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. 14. INTEGRATION AND WAIVER: This written lease contains the entire agreement of the parties hereto with reference to the leasing of said property, 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. 15. INSURANCE: The UNNERSITY OF SOUTH ALABAMA 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 UNIVERSITY OF SOUTH ALABAMA, and only to the extent of the scope and limit It is agreed by the parties that such insurance does not provide general liability coverage to LESSOR A letter of verification of said insurance will be provj.ded setting forth the limits of liability and designation of policy years. It is further agreed and understood by the parties that the UNNERSITY OF SOUTH ALABAMA is not herein and will not provide any type of insurance for the protection of the building, as for fire and casualty, etc. located at 161 North Section Street, Fairhope, Alabama. Further it is understood by the parties and agreed to that the insurance on this building is the sole responsibility of the CITY OF FAIRHOPE 6 Page 101 of 409 and the UNNERSITY OF SOUTH ALABAMA by entering into this lease agreement assumes no responsibility for the insurance for the protection of the building. The provision of such insurance is not a waiver of immunity created by the Constitution of the State of Alabama or by the laws or statutes for and on behalf of TENANT. At all times after the execution of this lease, the LESSOR, through its own expense, will maintain insurance against loss or damage to the building, which coverage will be based on the value of the building. The LESSOR will also maintain liability coverage for events arising out of occurrences related to the building or grounds which are not due to the negligence or willful or wanton misconduct of the TENANT or its invitees. WITNESS OUR HANDS THIS 1~ DAY OFY'\\ _ _.....fi~UA+---____., 2004. r LESSOR, OTY OF FAIRHOPE ----- President University of South Alabama 7 Page 102 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1468 FROM: Richard Johnson, CITY ENGINEER George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: City Engineer, Richard Johnson, and Director of Public Works, George Ladd, are requesting Change Order No. 1 to Stacks Gully Stabilization Project for Material Overruns. Authorize Treasurer to transfer $17,940.00 from General Fund to Capital Projects Fund. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve Change Order No. 1 with Thomas H. Davis, III Construction Company, Inc. for Bid No. 24-062-2024-PWI-025 Stacks Gully Stabilization Project and authorize the Mayor to execute the Change Order No. 1 for $17,940.00. The new contract total will be not -to- exceed $204,823.00. Authorize Treasurer to transfer $17,940.00 from General Fund to Capital Projects Fund. BACKGROUND INFORMATION: City Engineer, Richard Johnson, is requesting approval of Change Order No. 1 for Bid No. 24-062-2024-PWI-025 Stacks Gully Stabilization Project for material overruns for the following sites: • Wall Backfill (Select Granular, Free Draining Material); Qty: 952 at $15.00. • Unclassified Fill; Qty: 244 at $15.00. Total Cost of Change Order: $17,940.00 The net increase represents a 9.6% change in contract amount, below the 10% threshold required by State Bid Law. The Change Order No. 1 cost is not-to-exceed Seventeen Thousand Nine Hundred Forty Dollars ($17,940.00). The new contract total with Thomas H. Davis, III Construction Company, Inc. will be not-to-exceed Two Hundred Four Thousand Eight Hundred Twenty- Three Dollars ($204,823.00). Previous Actions: Resolution No. 5186-24 Adopted by Council September 9, 2024, to award Bid No. 24-062- 2024-PWI-025 Stacks Gully Stabilization Project to Thomas H. Davis, III Construction Company, Inc. in the amount of $186,883.00. Page 103 of 409 Resolution No. 4440-22 adopted by City Council on April 25, 2022, that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Understanding (MOU) Agreement between the City of Fairhope and Maison Jaycie Condominium Owners Association (COA), a Private Property Owner's Condominium Association for a Slope Stabilization Project; the City of Fairhope is responsible for 50% of the Total Project Cost (Design + Construction) at a not -to-exceed amount of $100,000.00. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55853 Drainage Improvements $0.00 $17,940.00 ($17,940.00) Authorize Budget Transfer: General Fund 001-49998 Budget Rollover ($17,940.00) 001900-50965 Transfers CapProj Fund $17,940.00 Capital Projects Fund 103-49810 Transfers from General Fund ($17,940.00) 103-55853 Drainage Improvements $17,940.00 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 104 of 409 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 24-062-2024-PWI-025) Stacks Gully Slope Stabilization Project with a cost not-to-exceed $17,940.00; and to award Change Order No. 1 to Thomas H. Davis, III Construction Company, Inc. The new contract total will not-to-exceed $204,823.00; and authorizes the City Treasurer to transfer $17,940.00 from the General Fund to the Capital Projects Fund. ADOPTED ON THIS 12TH DAY OF MAY, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 105 of 409 CHANGE CITY OF FAIRHOPE ORDER REQUEST OWNER: CITY OF FAIRHOPE MANAGING PROJECT ENGINEER: Richard D. Johnson, PE – City Engineer CONTRACTOR: Thomas H. Davis III Construction Co. PROJECT: Stacks Gully Slope Stabilization Project – No. 2024-PWI 025 CHANGE ORDER REQUEST NO. #1 DATE: April 21, 2025 1. DESCRIPTION OF CHANGE: Material overruns on Line Item Quantities Number 7 and 8: Wall Backfill (Select Granular, Free Draining Material) and Unclassified Fill. Bid estimate on Wall Backfill was 1190 Cubic Yards verses actual of 2142 – difference of 952 Cubic Yards. Bid estimate on Unclassified Fill was 575 Cubic Yards verses actual of 819 Cubic Yards – difference of 244 Cubic Yards. 2. CHANGE ORDER COSTS: $17,940.00 Proposal Attached See Attached Cost Estimated/Proposal Required Item Quantity Material Unit Price Labor (Hours) Labor Unit Price Sub-Total Cost a. 7- Wall Backfill (Select Granular, Free Draining Material) 952 $15.00 Inc. Inc. $14,280.00 b. 8 - Unclassified Fill 244 $15.00 Inc. Inc. $3,660.00 TOTAL: $17,940.00 *If more than 2 items, provide attachments. 3. INSTITUTED BY: Jason Wooten, P.E., Design Engineer; Richard D. Johnson, PE (Managing Project Engineer & Owner’s Representative) and Contractor: Thomas H. Davis III Construction Co. 4. JUSTIFICATION OF NEED: These are based on actual payable quantities of select and unclassified backfill. The General Contractor has provided pit load tickets for every cubic yard used on the project. City Construction Inspectors have collected, reviewed and verified quantities. The Design Engineer has reviewed “as builts” ands final grade topography and has verified the theoretical actual fill quantities. 5. JUSTIFICATION OF CHANGE ORDER VERSUS COMPETITIVE BIDDING: This C.O. is under the mandated 10%, based on final actual quantities (thus no potential for future C.O.’s) and the prices are based on a competitively bid Public Works Project. The Change Order as presented is justified. Page 106 of 409 6. COSTS REVIEW: Project Engineer and City Engineer have reviewed the Contractors Proposal and have determined the cost to be in line with current cost estimates for similar work. 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 additional days requested or proposed. RECOMMENDED: APPROVED: BY: BY: See Attached Managing Project Engineer Contractor BY: N/A BY: N/A Utility Representative OWNER’s Legal Advisor BY: OWNER’s Authorized Representative X X Page 107 of 409 Page 108 of 409 ITEM UNIT BID QUANTITY UNIT COST IN-PLACE QUANTITY ACTUAL COST DIFFERENCE 1 LS 1 $20,000.00 1 $20,000.00 $0.00 2 LF 280 $35.00 280 $9,800.00 $0.00 3 LS 1 $20,000.00 1 $20,000.00 $0.00 4 SY 810 $25.00 810 $20,250.00 $0.00 5 CY 575 $20.00 575 $11,500.00 $0.00 6 SF Wall Face 2225 $31.50 2225 $70,087.50 $0.00 7 CY 1190 $15.00 2142 $32,130.00 $14,280.00 8 CY 575 $15.00 819 $12,285.00 $3,660.00 9 CY 90 $25.00 90 $2,250.00 $0.00 10 SY 805 $3.10 805 $2,495.50 $0.00 11 SY 805 $5.00 805 $4,025.00 $0.00 ACTUAL: $ 17,940.00 $ 204,823.00 ACTUAL PROJECT QUANTITIES Stacks Gully Slope Stabilization Project Bid No: 24-062-2024-PWl-025 Bid will include all labor, materials, equipment, shipping and postage, overhead, profit, bonds, insurance and all other costs necessary to provide the complete services outlined within this CONTRACT and scope of work.Required Change Order Amount: Temporary, Biodegradable Erosion Control Blanket $2,495.50 Solid Sod $4,025.00 Bid Sum Total $ 186,883.00 Wall Backfill (Select Granular, Free Draininn Material'$17,850.00 Unclassified Fill $8,625.00 4" Topsoil Plating (From On-Site Stocknilel $2,250.00 Clearing & Grubbing $20,250.00 6" Topsoil Stripping & Stockpile $11,500.00 Mechanically Stabilized Earth Retention Wall (Including "L" Panel, Geogrid, Support Strut, Welded Wire Facing Unit, ' Stone Facinn Fill, Etc.I $70,087.50 Mobilization & Demobilization $20,000.00 CBMP - Silt Fencing $9,800.00 CBMP - Construction Entrance $20,000.00 BASE BID QUANTITIES DESCRIPTION TOTAL ITEM COST Page 109 of 409 Page 110 of 409 Page 111 of 409 Page 112 of 409 APPLICATION and CERTIFICATION Estimate No. for PAYMENT Date: Attach Schedule of Values Project No. To Owner:Project/Bid: City of Fairhope P.O. Drawer 429 Fairhope, AL 36533 Contract No. 2025038 From Contractor:Project Managing Engineer: Thomas H. Davis III Construction Co.Richard D. Johnson, PE P. O. Box 39 City Engineer Daphne Al. 36526 555 S. Section St. (251) 232-4075 Fairhope, AL 36532 TOTAL ORIGINAL CONTRACT CHANGE ORDER(S) Numbers 1 through 1 TOTAL CONTRACT TO DATE 1.Work Completed to Date per attached Schedule of Values 100.00%(percent) 2.Stored Materials: (Attach list, Inventory of Stored Materials) 3.Total Completed Work and Stored Materials 4.Less Retainage (5% of the first 50% of Contract) 5.Total Due 6.Less Toatal Previous Payments 7.Balance Due This Estimate CONTRACTOR'S CERTIFICATION By:Title:Date: Sworn and subscribed before me this day of 2025 Notary My commission expires / / ARCHITECT'S/ENGINEER'S CERTIFICATION By:Richard D. Johnson, PE Date: (Architect/Engineer) SEAL: APPROVALS: Approved by:Richard D. Johnson, PE Date: (Owner's Representative) April 21, 2025 April 21, 2025 $5,120.58 $199,702.43 $166,086.63 $33,615.80 $186,883.00 $17,940.00 $204,823.00 $204,823.00 $0.00 $204,823.00 PR #3 4/21/2025 2024-PWI 025 Stacks Gully Slope Stabilization Project BID No. 024-062 The undersigned Contractor certifies that to the best of his knowledge, information, and belief the Work covered by this application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for Payments were issued and payments received from the Owner and that current payment shown herein has not yet been received In accordance with the Contract Documents, the Architect/Engineer certifies to the Owner that, to the best of the Architect’s/Engineer’s knowledge and belief, the Work has progressed to the point indicated herein, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount approved. Page 113 of 409 RESOLUTION NO. 5186-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows : [1] That the City of Fairhope did request , receive , and open bids for Stacks Gully Slope Stabilization Project (Bid No. 24-062-2024-PWI-025) at 555 South Section Street, City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Thomas H. Davis , III Construction Company, Inc. $186,883.00 Blade Construction, LLC $553 ,580.00 [3] After evaluating the bids with required specifications , Thomas J . Davi s, III Construction Company, Inc . is now awarded (Bid No. 24-062-2024-PWI-025) Stacks Gully Slope Stabilization Project for a bid prop a ot-to-exceed $186,883.00. DULY ADOPTED THIS 9TH Corey Martin, Council President Attest: ~d~ City Cl rk Page 114 of 409 RESOLUTION NO. 4440-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Understanding (MOU) Agreement between the City of Fairhope and Maison Jaycie Condominium Owners Association (COA), a Private Property Owner 's Condominium Association for a Slope Stabilization Project ; the City of Fairhope is responsible for 50 % of the Total Project Cost (Design + Construction) at a not-to-exceed amount of $100 ,000 .00 . Adopted on this 25th day of April, 2022 QJJi tfi2 8 Council President Attest: ~4/i~ City Clerk Page 115 of 409 MEMORANDUM OF UNDERSTANDING (MOU) between The City of Fairhope, a Municipal Corporation and Maison J aycie COA, a Private Property Owner's Condominium Association This is an agreement between "The City of Fairhope", hereinafter called The City and "Maison Jaycie Condominium Owners.Association (GOA)", hereinafter called The Association. I. PURPOSE & SCOPE The purpose of this MOU is to clearly identify the roles and responsibilities of each party as they relate to the design, replacement, improvement, project costs and long-term maintenance of a gulley slope/embankment stabilization project, at the north rim of Big Mouth Gulley on City-owned property (Parcel No . 05-46-03-37-0-010-005.001), hereinafter called the Slope Stabilization Projea, along the south boundary of 50 Fairhope Avenue, (Maison Jaycie COA) a Private Property Owner's Condominium Association, hereinafter called the Association. In particular, this MOU is intended to: • Identify the party responsible for survey and design of the Slope Stabilization Project • Identify the party responsible for the review and approval of the design for the Slope Stabiliz.ation Project • Identify the party who will advertise, bid and let, at their cost, for the Slope Stabilization Project • Identify the party who will award, execute and manage the contract, at their cost, for the Slope Stabilization Project • Identify the party responsible for the Project Management for construction of all improvements of the Slope Stabilization Project • Identify the party responsible for the inspection and acceptance of the work assodated with the Slope Stabilization Project • Identify the party responsible for construction cost, or portions thereof, of the Slope Stabiliz.ation Project • Identify the party responsible for the future operation and maintenance of the completed Slope Stabiliz.ation Project II. BACKGROUND The City holds jurisdiction of all public Rights-Of-Way (ROW) and Public Lands dedicated and accepted containing many of the gulley systems within the corporate limits of the City of Fairhope, including this portion of Big Mouth Gulley -the location of the proposed Slope Stabilization Project. Page 116 of 409 The City has been presented with an opponunity to undertake a public works slope stabilization improvement project through a Public-Private Partnership (3P). The condominium at SO Fairhope Avenue sits at the upper rim on the northside of Big Mouth Gulley just east of South Mobile Street. Circa 2004-2008 the City undertook a slope stabilization project east of SO Fairhope Avenue consisting of facing the embankment with mechanically stabilized earth (MSE) wall system that ended just past (approx. 40-ft) the southeast comer of the subject property The Association, has shown a willingness to participate in solving this Slope Stabilization problem and continuing the MSE wall to the west until it ties into the existing embankment at location where the slope moderates and is less vertical. This project would constitute approximately 150 linear feet of new MSE wall system. If the current slopes are left unaddressed, continued heavy rainfalls will erode the subject slopes and seriously undermine developed and city-owned property. This area is shown in attachment "Exhibit A". III. THE CITY RESPONSIBILITIES UNDER THIS MOU The City shall undertake the following activities: • Be responsible for the review and approval of the design, Slope Stabili2ation calculations and design documents prepared by the The Association's engineer. • Be responsible for obtaining any and all permits (City, State and Federal) for the Slope Stabilization Project • Be responsible for advertising, biding and letting, at their cost and per State Public WJrks Bid Law, the Slope Stabilization Project • Be responsible for awarding, executing and managing the contract, at their cost, for the Slope Stabilization Project • Be responsible for Project Management (induding processing and making all pay request) for construction of all improvements of the Slope Stabilization Project • Be responsible for inspection and acceptance of the work associated wi.th the Slope Stabilization Project • Be responsible for 50% of the 1btal Project Cost (Design+ Construction) at a not-to- exceed amount of one hundred thousand dollars and no cents ($100,000.00) of the Slope Stabilization Project • Be responsible for Final Acceptance and service life operation and maintenance of the Slope Stabilization Project. • Be responsible, by resolution of the City Council for the authori2ation of the Mayor to enter into this MOU. IV. THE ASSOCIATIONS RESPONSIBILITIES UNDER THIS MOU The Association shall undertake the following activities: • Be responsible for the procurement and contracting of the Survey, Engineering (induding GeoTechnical), Design and design documents of the Slope Stabilization Project. Page 117 of 409 • Be responsible for advance payment of the cost of Survey, Engineering (including GeoTechnical), Design and design docU111ents of the Slope Stabi.lization Project. • Be responsible for 50% of Total Project Cost (Design+ Conscruction), based on a $200,000.00 estimate, of the Slope Stabiliz.ation Project. • Be responsible for 100% of all construction costs that exceeds the estimated $200,000.00 of the Slope Stabi.lization Project Any overage must be approved by the Association in advance of executing a contract with the low bidder. • Be responsible for payment in full of the Assoda tion 's project share prior to the awardi.ng of the bid for the Slope Stabilization Project (Less 50% for the advanced payment of the cost of Survey, Engineering (including Geo'Iechnical), Design and design documents) • Be responsible for the approval of the Association's Condominium Board of Directors, or their designees, to enter into this MOU. V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 7. This MOU may be modified by mutual agreement of the parties. 2. This MOU may be terminated by mutual agreement of the parties. VI. FUNDING This MOU does include the prepayment of construction funds between the two parties as outlined in Paragraphs II and IY. Any payment of funds shall be contingent upon the low bid received being acceptable to both parties . An unacceptable bid amount for the Slope Stabilization Project may render this MOU null and void by one or both parties rejecting the bid amount received. VII. EFFECTIVE DATE AND SIGNATURE This MOU shall be effective upon the signature of The City and The Assodadon, including all required authorized officials. It shall be in force from the date signed and until modification or termination by mutual agreement. The City and The Association indicate agreement with this MOU by their signatures. Signatures and dates: The City of Fairhope P.O. Drawer 429 e, Alabama 36533 Maison Jaycie COA 50 Fairhope Avenue Fairhope, AL 36532 608-399-4445 Page 118 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1469 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting approval of the award of the Request for Quotes for the rehabilitation of damaged and irreparable docks at the Fairhope Docks Marina. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award to Leavitt Land, LLC of the Request for Quotes for labor and materials for the rehabilitation of damaged and irreparable docks at the Fairhope Docks Marina for the low bid not-to-eceed cost of $70,000.00. BACKGROUND INFORMATION: The Director of Parks and Recreation, Pat White, is requesting approval for the procurement of labor and materials for the rehabilitation of damaged and irreparable docks at the Fairhope Docks Marina. 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 Leavitt Land, LLC. The Director of Parks and Recreation requests approval to award the Request for Quotes to Leavitt Land, LLC for the not-to-exceed cost of Seventy Thousand Dollars ($70,00.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001340- 50475 Marina - Capital Improvements $70,000.00 $70,000.00 ($0.00) GRANT: N/A LEGAL IMPACT: Page 119 of 409 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 120 of 409 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 rehabilitation of damaged and irreparable docks at the Fairhope Docks Marina to Leavitt Land LLC for a not-to-exceed project cost of $70,000.00. 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 12TH DAY OF MAY, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 121 of 409 Page 122 of 409 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Pat White Date: 04/22/2025 Department: Recreation Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Leavitt Land LLC $ 70,000.00 2. Stewart Marine & Construction LLC $ 71,602.00 3. Booth Excavating & Construction LLC $ 75,850.00 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? Rehabilitation of damaged and irreparable docks at the marina 2. What is the total cost of the item or service? $70,000.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Leavitt Land LLC 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? $400,000.00 3. Budget code: 1340 / 50475 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 123 of 409 Page 124 of 409 Page 125 of 409 Page 126 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1475 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, has requested to procure a qualified contractor to provide and install 16 T-Hip Canti Shade Structures at Volanta Sports Park. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-030 Provide and Install 16 T-Hip Canti Shade Structures at Volanta Sports Park to Shade America, Inc. for a not-to-exceed amount of $137,600.00. City-provided materials necessary to complete project estimated $10,000.00. BACKGROUND INFORMATION: A service bid was issued on April 4, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Seven (7) responsive bids were received at the bid opening on April 24, 2025, at 10:00 a.m. The Director of Parks and Recreation recommends the award be made to Shade America, Inc. Their low bid response price for the Lump Sum Bid was One Hundred Thirty-Seven Thousand Six Hundred Dollars ($137,600.00). City-provided materials necessary to complete project estimated $10,000.00. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50475 Recreation - Capital Improvements $250,000.00 $137,600.00 $112,400.00 City Provided Materials Estimate $10,000.00 $102,400.00 Page 127 of 409 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 128 of 409 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 on (Bid Number 25- 030) to provide and install 16 T-Hip Canti Shade Structures at Volanta Sports Park for the Parks and Recreation Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: [3] After evaluating the bid proposals with the required bid specifications, Shade America, Inc. is awarded (Bid Number 25-030) as low bidder to provide and install 16 T-Hip Canti Shade Structures at Volanta Sports Park for a total not-to-exceed cost of $137,600.00. [4] City provided materials necessary to complete project estimated under $10,000.00. Adopted on this 12th day of May, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 129 of 409 Page 130 of 409 Page 131 of 409 Page 132 of 409 Page 133 of 409 Page 134 of 409 Page 135 of 409 Page 136 of 409 Page 137 of 409 Page 138 of 409 Page 139 of 409 Page 140 of 409 Page 141 of 409 Page 142 of 409 Page 143 of 409 Page 144 of 409 PRF - Shade Structures and Installation - Volanta Final Audit Report 2025-02-13 Created:2025-02-12 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAkwbgyhpxL68QbMa_9eikhGByC8VisD12 "PRF - Shade Structures and Installation - Volanta" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-02-12 - 7:44:22 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-02-12 - 7:44:47 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-02-12 - 8:52:25 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-02-12 - 8:53:30 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-02-12 - 8:53:32 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-02-13 - 3:33:57 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-02-13 - 3:33:59 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-02-13 - 9:46:18 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-02-13 - 9:46:39 PM GMT - Time Source: server Agreement completed. 2025-02-13 - 9:46:39 PM GMT Page 145 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1470 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd is requesting approval for a contract amendment No. 1 for Bid No. 25-008 Pest Control Annual Contract to add locations and services. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve Contract Amendment No. 1 for Bid No. 25-008 Pest Control Annual Contract for additional locations and services with Wayne's Pest Control Services LLC. The additional annual cost is $2,939.20 and new total annual contract price will not-to- exceed $13,569.68. BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting approval of Contract Amendment No. 1 for Bid No. 25-008 Pest Control Annual Contract for additional locations and services with Wayne's Pest Control Services LLC. The additional locations and pricing are as follows: 63. Electric Substation located at 8675 Fairhope Ave. Rodent Boxes: $61.60 per year 64. Electric Substation located at 630 Volanta Ave. Rodent Boxes: $61.60 per year 65. Electric Substation located at 8300 Morphy Ave. Pest Control: $8.25 per month; $99.00 per year SMART Rodent Control: $1,309.00 per year 66. Electric Substation located at 7471 Twin Beech Rd. Pest Control: $8.25 per month; $99.00 per year SMART Rodent Control: $1,309.00 per year Total Annual Cost of the Contract amendment is Two Thousand Nine Hundred Thirty- Nine Dollars and Twenty Cents ($2,939.20). The new annual total not-to-exceed amount of the contract will be Thirteen Thousand Four hundred Sixty-Nine Dollars and Sixty-Eight Cents ($13,469.68). Previous Council Action: Resolution No. 5287-24 approved the award of Bid No. 25- 008 Pest Control Annual Contract to Wayne's Pest Control Services LLC. for an annual Page 146 of 409 contract cost not-to-exceed $10,530.48. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Various- 50360 General Maintenance $2,939.20 $2,939.20 ($0.00) GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 147 of 409 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves Contract Amendment No. 1 for (Bid No. 25- 008) for Pest Control Annual Contract with Wayne’s Pest Control Services LLC with an additional not-to-exceed annual amount of $2,939.20; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new contract total with a not- to-exceed annual amount of $13,469.68. ADOPTED ON THIS 12TH DAY OF MAY, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 148 of 409 City of Fairhope Contract Amendment No. 1 Bid No. 25-008 Pest Control Annual Contract This AMENDMENT OF CONTRACT (“AMENDMENT”) is made this ________ day of _____________, 2025 for the purpose of increasing the contract for Bid No. 25-008 Pest Control Annual Contract dated January 7, 2025 (“Original Contract”) between the City of Fairhope and Wayne’s Pest Control Services LLC. (the “Parties”). 1.The Original Contract, which is attached hereto as part of this Amendment is described below: The Original Contract was awarded for an annual not-to-exceed amount of Ten Thousand Five Hundred Thirty Dollars and Forty-Eight Cents ($10,530.48). 2.The Parties agreed to amend the Original Contract to add the following locations and costs: 63.Electric Substation located at 8675 Fairhope Ave. Rodent Boxes $61.60 per year 64. Electric Substation located at 630 Volanta Ave. Rodent Boxes $61.60 per year 65.Electric Substation located at 8300 Morphy Ave. Pest Control $8.25 per month; $99.00 per year SMART Rodent Control: $1,309.00 per year 66.Electric Substation located at 7471 Twin Beech Rd. Pest Control $8.25 per month; $99.00 per year SMART Rodent Control: $1,309.00 per year 3.That amendment binds and benefits both Parties and any successors or assigns. This document, including the attached original contract, is the entire agreement between the Parties. All other terms and conditions of the Original Contract, remain unchanged. This contract annual cost will be increased by a not-to-exceed cost of Two Thousand Nine Hundred Thirty-Nine Dollars and Twenty Cents ($2,939.20). The total annual cost of the contract shall not-to-exceed Thirteen Thousand Four Hundred Sixty-Nine Dollars and Sixty-Eight Cents ($13,469.68). IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment as of the day and year first above written. Page 149 of 409 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 _____________, 202__ Notary Public ___________________________ My Commission Expires ___________________ Page 150 of 409 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 _____________, 202__. Notary Public ___________________________ My Commission Expires ___________________ Page 151 of 409 Page 152 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1442 FROM:Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT:The Superintendent of Electric Department, Ben Patterson, has requested to procure materials for the 46KV Transmission Line Project Base Bid and Alternate 2. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-032 46KV Transmission Line Project Base Bid and Alternate 2 Materials to Gresco Utility Supply for $625,840.35 (129 Low Bid Items) plus $20,000.00 contingency, Tri-State Utility Products, Inc. for $28,877.10 (21 Low Bid Items) plus $10,000.00 contingency, and Wesco International for $105,627.91 (42 Low Bid Items) plus $20,000.00 contingency. Total Award to three vendors with contingency will be $802,345.36. BACKGROUND INFORMATION: A service bid was issued on March 7, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Four (4) responsive bids were received at the bid opening on April 8, 2025 at 2:00 p.m. The Superintendent of Electric Department recommends the award to three (3) bidders based on individual line item low bids. The award would be as follows: •Gresco Utility Supply: Six Hundred Twenty-Five Thousand Eight Hundred Forty Dollars and Thirty-Five Cents ($625,840.35) for 129 Low Bid Line Items. Plus Twenty Thousand Dollars ($20,000.00) Contingency for additional like items and possible cost increase. •Tri-State Utility Products, Inc.: Twenty-Eight Thousand Eight Hundred Seventy- Seven Dollars and Ten Cents ($28,877.10) for 21 Low Bid Line Items. Plus Two Thousand Dollars ($2,000.00) Contingency for additional like items and possible cost increase. •Wesco International: One Hundred Five Thousand Six Hundred Twenty-Seven Dollars and Ninety-One Cents ($105,627.91) for 42 Low Bid Line Items. Plus Twenty Thousand Dollars ($20,000.00) Contingency for additional like items and possible cost increase. Page 153 of 409 The total cost of the award (3 winning bidders) will be Seven Hundred Sixty Thousand Three Hundred Forty-Five Dollars and Thirty-Six Cents ($760,345.36). Plus Contingency for additional like items and possible cost increases of Forty-Two Thousand Dollars ($42,000.00). The total award for the three vendors plus contingency will be Eight Hundred Two Thousand Three hundred Forty-Five Dollars and Thirty-Six Cents ($802,345.36). Previous Council Action: Resolution No. 5376-25 Adopted by Council February 20, 2025, approved the award of Bid No. 25-017 46KV Transmission Line 2024 Modifications & Additions (REVISED) for a not-to-exceed amount of $2,194,441.20. Resolution No. 5423-25 Adopted by Council April 14, 2025, approved the award of Bid No. 25-025 46KV Transmission Line Project - Concrete Poles for a not-to-exceed amount of $105,956.00. Resolution No. 5424-25 Adopted by Council April 14, 2025, approved the award of Bid No. 25-031 46KV Transmission Line Project - Transmission Switches for a not-to- exceed amount of $85,953.00. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget 003-59500 Line 60 Electric - System Improvements $0.00 $802,345.36 ($802,345.36) FY25 Budget for this line item is $1,900,000.00. The project bid award of $2,194,441.20 exceeded budget by $294,441.20. This procurement request is not budgeted and will be in addition to the previously approved $486,350.20 expense overage for this project. Total project expense overage to date, including May 12, 2025, agenda items is $1,763,143.58. Levelization rider funding of $2,000,000.00 will be used to offset this expense. 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 154 of 409 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 the Materials for the 46KV Transmission Line Project Base Bid and Alternate 2 (Bid Number 25-032) for the Electric Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Vendor Gresco Utility Supply 129 Low Bid Items $625,840.35 Tri-State Utility Products, Inc. 21 Low Bid Items $ 28,877.10 Wesco International 42 Low Bid Items $105,627.91 [3] After evaluating the bid proposals with the required bid specifications, Gresco Utility Supply for $625,840.35 (129 Items) plus $20,000.00 contingency, Tri-State Utility Products, Inc. for $28,877.10 (21 Items) plus $2,000.00 contingency, and Wesco International for $105,627.91 (42 Items) plus $20,000.00 contingency are now awarded (Bid Number 25-032) for the Materials for the 46KV Transmission Line Project Base Bid and Alternate 2 for the Electric Department with a total award to three vendors with contingency will be $802,345.36. Adopted on this 12th day of May, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 155 of 409 Page 156 of 409 Page 157 of 409 Page 158 of 409 Page 159 of 409 Page 160 of 409 Page 161 of 409 Page 162 of 409 Page 163 of 409 Page 164 of 409 Page 165 of 409 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Requestor: Ben Patterson Department: Electric Project Name: 46 KV Loop Material base bid Project Description: Materials for the installation of the 46 KV loop Project Category: x Bid Professional Service Other: Budget Amount: $1.9 million Budget Code: 59500 Budgeted for Current FY: x Yes No Budget Amount is for Total Project – Does not include alternates BID INFORMATION Bid Duration: Project Duration: Engineer of Record: Stewart Engineering Pre-Bid Meeting: x No Yes Mandatory Non-Mandatory Scope of Work Provided By: Contract Extensions: No Yes Project Manager: Ian Morrison Insurance Requirements: Minimum Maximum Bonds: Bid Performance Labor & Materials Related Bids/RF’s Bid 25-017 46KV Loop Installation FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Ben Patterson Senior Accountant: City Treasurer: Mayor: Page 166 of 409 PRF - 46KV Project Materials Bid Final Audit Report 2025-01-30 Created:2025-01-29 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAslVg3wspNPRhIbnB1MwE9pn60QycjNwO "PRF - 46KV Project Materials Bid" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-01-29 - 2:03:37 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-01-29 - 2:04:00 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-01-29 - 4:37:42 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-01-29 - 4:41:30 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-01-29 - 4:41:40 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-01-29 - 4:46:06 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-01-29 - 10:08:15 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-01-29 - 10:08:17 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-01-30 - 2:54:56 AM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-01-30 - 2:55:35 AM GMT - Time Source: server Agreement completed. 2025-01-30 - 2:55:35 AM GMT Page 167 of 409 Page 168 of 409 Page 169 of 409 Page 170 of 409 Page 171 of 409 Page 172 of 409 Page 173 of 409 Page 174 of 409 Page 175 of 409 Page 176 of 409 Page 177 of 409 Page 178 of 409 Page 179 of 409 Page 180 of 409 Page 181 of 409 Page 182 of 409 Page 183 of 409 Page 184 of 409 Page 185 of 409 Page 186 of 409 Page 187 of 409 Page 188 of 409 Page 189 of 409 Page 190 of 409 Page 191 of 409 Page 192 of 409 Page 193 of 409 Page 194 of 409 Page 195 of 409 Page 196 of 409 Page 197 of 409 Page 198 of 409 Page 199 of 409 Page 200 of 409 Page 201 of 409 Page 202 of 409 Page 203 of 409 Page 204 of 409 Page 205 of 409 Page 206 of 409 Page 207 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1443 FROM:Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT:The Superintendent of Electric Department, Ben Patterson, has requested to procure materials for the 46KV Transmission Line Project Alternate 1. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-033 46KV Transmission Line Project Alternate 1 Materials to Gresco Utility Supply for $344,101.04 (107 Items) plus $20,000.00 contingency, Tri-State Utility Products, Inc. for $3,925.40 (10 Items), and Wesco International for $86,421.58 (29 Items) plus $20,000.00 contingency. Total Award to three vendors with contingency will be $474,448.02. BACKGROUND INFORMATION: A service bid was issued on March 7, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Four (4) responsive bids were received at the bid opening on April 8, 2025 at 2:30 p.m. The Superintendent of Electric Department recommends the award to three (3) bidders based on individual line item low bids. The award would be as follows: •Gresco Utility Supply: Three Hundred Forty-Four Thousand One Hundred One Dollars and Four Cents ($344,101.04) for 107 Low Bid Line Items. Plus Twenty Thousand Dollars ($20,000.00) Contingency for additional like items and possible cost increase. •Tri-State Utility Products, Inc.: Three Thousand Nine Hundred Twenty-Five Dollars and Forty Cents ($3,925.40) for 10 Low Bid Line Items. •Wesco International: Eighty-Six Thousand Four Hundred Twenty-One Dollars and Fifty-Eight Cents ($86,421.58) for 29 Low Bid Line Items. Plus Twenty Thousand Dollars ($20,000.00) Contingency for additional like items and possible cost increase. The total cost of the award (3 winning bidders) will be Four Hundred Thirty-Four Thousand Four Hundred Forty-Eight Dollars and Two Cents ($434,448.02). Plus Contingency for additional like items and possible cost increases of Forty Thousand Dollars ($40,000.00). The total award for the three vendors plus contingency will be Four hundred Seventy-Four Thousand Four Hundred Forty-Eight Dollars and Two Cents ($474,448.02). Page 208 of 409 Previous Council Action: Resolution No. 5376-25 Adopted by Council February 20, 2025, approved the award of Bid No. 25-017 46KV Transmission Line 2024 Modifications & Additions (REVISED) for a not-to-exceed amount of $2,194,441.20. Resolution No. 5423-25 Adopted by Council April 14, 2025, approved the award of Bid No. 25-025 46KV Transmission Line Project - Concrete Poles for a not-to exceed amount of $105,956.00. Resolution No. 5424-25 Adopted by Council April 14, 2025, approved the award of Bid No. 25-031 46KV Transmission Line Project - Transmission Switches for a not-to- exceed amount of $85,953.00. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget 003-59500 Line 60 Electric - System Improvements $0.00 $474,448.02 ($474,448.02) FY25 Budget for this line item is $1,900,000.00. The project bid award of $2,194,441.20 exceeded budget by $294,441.20. This procurement request is not budgeted and will be in addition to the previously approved $486,350.20 expense overage for this project. Total project expense overage to date, including May 12, 2025, agenda items is $1,763,143.58. Levelization rider funding of $2,000,000.00 will be used to offset this expense. 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 209 of 409 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 the Materials for the 46KV Transmission Line Project Alternate 1 (Bid Number 25-033) for the Electric Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Vendor Gresco Utility Supply 107 Low Bid Items $344,101.04 Tri-State Utility Products, Inc. 10 Low Bid Items $ 3,925.40 Wesco International 29 Low Bid Items $ 86,421.58 [3] After evaluating the bid proposals with the required bid specifications, Gresco Utility Supply for $344,101.04 (107 items) plus $20,000.00 contingency, Tri-State Utility Products, Inc. for $3,925.40 (10 Items), and Wesco International for $86,421.58 (29 Items) plus $20,000.00 contingency are now awarded (Bid Number 25-033) for the Materials for the 46KV Transmission Line Project Alternate 1 for the Electric Department with a total cost of award to three vendors with contingency will be $474,448.02. Adopted on this 12th day of May, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 210 of 409 Page 211 of 409 Page 212 of 409 Page 213 of 409 Page 214 of 409 Page 215 of 409 Page 216 of 409 Page 217 of 409 Page 218 of 409 Page 219 of 409 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Requestor: Ben Patterson Department: Electric Project Name: 46 KV Loop Material base bid Project Description: Materials for the installation of the 46 KV loop Project Category: x Bid Professional Service Other: Budget Amount: $1.9 million Budget Code: 59500 Budgeted for Current FY: x Yes No Budget Amount is for Total Project – Does not include alternates BID INFORMATION Bid Duration: Project Duration: Engineer of Record: Stewart Engineering Pre-Bid Meeting: x No Yes Mandatory Non-Mandatory Scope of Work Provided By: Contract Extensions: No Yes Project Manager: Ian Morrison Insurance Requirements: Minimum Maximum Bonds: Bid Performance Labor & Materials Related Bids/RF’s Bid 25-017 46KV Loop Installation FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Ben Patterson Senior Accountant: City Treasurer: Mayor: Page 220 of 409 PRF - 46KV Project Materials Bid Final Audit Report 2025-01-30 Created:2025-01-29 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAslVg3wspNPRhIbnB1MwE9pn60QycjNwO "PRF - 46KV Project Materials Bid" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-01-29 - 2:03:37 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-01-29 - 2:04:00 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-01-29 - 4:37:42 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-01-29 - 4:41:30 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-01-29 - 4:41:40 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-01-29 - 4:46:06 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-01-29 - 10:08:15 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-01-29 - 10:08:17 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-01-30 - 2:54:56 AM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-01-30 - 2:55:35 AM GMT - Time Source: server Agreement completed. 2025-01-30 - 2:55:35 AM GMT Page 221 of 409 Page 222 of 409 Page 223 of 409 Page 224 of 409 Page 225 of 409 Page 226 of 409 Page 227 of 409 Page 228 of 409 Page 229 of 409 Page 230 of 409 Page 231 of 409 Page 232 of 409 Page 233 of 409 Page 234 of 409 Page 235 of 409 Page 236 of 409 Page 237 of 409 Page 238 of 409 Page 239 of 409 Page 240 of 409 Page 241 of 409 Page 242 of 409 Page 243 of 409 Page 244 of 409 Page 245 of 409 Page 246 of 409 Page 247 of 409 Page 248 of 409 Page 249 of 409 Page 250 of 409 Page 251 of 409 Page 252 of 409 Page 253 of 409 Page 254 of 409 Page 255 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1439 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, has requested to procure a qualified contract to provide all materials, equipment, labor and incidentals for Phase 2 of the replacement of cast iron gas pipes. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-028 Fairhope Cast Iron Replacement Phase 2 to GMC Underground for a not-to-exceed amount of $4,107,412.00. BACKGROUND INFORMATION: A service bid was issued on March 14, 2025, posted to the City of Fairhope's website, and published in three (3) statewide newspapers and Gulf Coast Media. Two (2) responsive bids were received at the bid opening on April 8, 2025 at 10:00 a.m. The City Engineer recommends the award be made to GMC Underground. Their low bid price for the project is Four Million One Hundred Seven Thousand Four Hundred Twelve Dollars ($4,107,412.00). Previous Council Action: City of Fairhope approved the Contract Amendment No. 2 for RFQ PS015-22 for Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. on January 27, 2025 (Resolution No. 5363-25). The total contract amendment award was Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($714,766.50), increasing the total contract cost to One Million Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($1,714,766.50). *This action pertains to Phase 2 of the project*. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-59500- 10 Gas - Utility System Improvements $3,808,233.50 $4,107,412.00 ($299,178.50) Page 256 of 409 Phase 2 Construction costs of $4,107,412.00 are in addition to the previously approved Engineering Consulting services of $714,766.50 which totals $4,822,178.50. FY25 Budget for Phase 2 is $4,523,000.00, resulting in a budget shortage of $299,178.50. 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 257 of 409 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 Fairhope Cast Iron Replacement Phase 2 (Bid Number 25-028) for the Gas Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Vendor Total Base Bid GMC Underground $4,107,412.00 Equix Energy Services $4,142,774.00 [3] After evaluating the bid proposals with the required bid specifications, GMC Underground is now awarded the bid for Fairhope Cast Iron Replacement Phase 2 (Bid Number 25-028) for the Gas Department with a bid proposal not-to-exceed $4,107,412.00. Adopted on this 12th day of May, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 258 of 409 Aprill 8th, 2025 Mr. Wes Boyett City of Fairhope Public Utilities 555 South Section St. Fairhope, AL 36532 RE: Fairhope Cast Iron Replacement Phase 2 Dear Mr. Boyett: We have evaluated the bids received on April 8, 2025 for the Fairhope Cast Iron Replacement Phase 2 which consists of the replacement of aging cast iron mains with approximately 510 feet of 4” PE gas man, 34,340 feet of 2” PE gas main, and 610 ¾” PE gas service lines. The following contractors were the only ones providing sealed bids for the project: Total Base Bid GMC Underground $4,107,412.00 Equix Energy Services $4,142,774.00 The low bid was submitted by GMC Underground in the amount of $4,107,412.00. Based on this low bid amount, we recommend the award of a contract for construction of the Fairhope Cast Iron Replacement Phase 2 to GMC Underground in the amount of $4,107,412.00. Sincerely, Matt Brush Project Manager Page 259 of 409 Page 260 of 409 Page 261 of 409 Page 262 of 409 Page 263 of 409 Page 264 of 409 Page 265 of 409 Page 266 of 409 Page 267 of 409 Page 268 of 409 Page 269 of 409 Page 270 of 409 Page 271 of 409 Page 272 of 409 Page 273 of 409 Page 274 of 409 Page 275 of 409 Page 276 of 409 Page 277 of 409 Page 278 of 409 Page 279 of 409 Page 280 of 409 Page 281 of 409 Page 282 of 409 Page 283 of 409 Page 284 of 409 Page 285 of 409 Page 286 of 409 Page 287 of 409 Page 288 of 409 Page 289 of 409 Page 290 of 409 Page 291 of 409 Page 292 of 409 Page 293 of 409 Page 294 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1440 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting approval for a contract amendment for RFQ PS015-22 Natural Gas Engineering Consulting Services to increase the not-to-exceed contract amount for additional inspection services rendered for Phase 1 of the Cast Iron Replacement Project. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve Contract Amendment No. 3 for RFQ PS015-22 Natural Gas Engineering Consulting Services for additional inspection services rendered for Phase 1 of the Cast Iron Pipe Replacement Project with Magnolia River Services, Inc. The additional cost is $175,832.35 and total contract price will not-to-exceed $1,890,598.85. BACKGROUND INFORMATION: The Superintendent of Gas Department, Wes Boyett, is requesting approval for a contract amendment No. 3 for RFQ PS015-22 Natural Gas Engineering Consulting Services to add additional inspection services rendered for Phase 1 of the Cast Iron Pipe Replacement Project with Magnolia River Services, Inc.. The additional cost will be One Hundred Seventy-Five Thousand Eight Hundred Thirty- Two Dollars and Thirty-Five Cents ($175,832.35). The new total not-to-exceed contract amount will be One Million Eight Hundred Ninety Thousand Five Hundred Ninety-Eight Dollars and Eighty-Five Cents ($1,890,598.85). • The new contract total of $1,890,598.85 includes the recently approved Phase 2 amount of $714,766.50. • The adjusted contract total for Phase I is $1,175,832.35, which was budgeted at $1,000,000.00. 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 October 10, 2022 (Resolution No. 4576-22). The total contract award was Five Hundred Thousand Dollars ($500,000.00). Page 295 of 409 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). Previous Council Action: City of Fairhope approved the Contract Amendment No. 2 for RFQ PS015-22 for Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. on January 27, 2025 (Resolution No. 5363-25). The total contract amendment award was Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($714,766.50), increasing the total contract cost to One Million Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($1,714,766.50). *This action pertains to Phase 2 of the project*. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-59500 Gas - Utility System Improvements $0.00 $175,832.35 ($175,832.35) The adjusted contract total for Phase I is $1,175,832.35, which was budgeted at $1,000,000.00. 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 296 of 409 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves Amendment No. 3 for (RFQ No. PS015-22) Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. for Cast Iron Pipe Replacement Phases 1 for additional inspection services with a not-to- exceed amount of $175,832.35; and authorizes Mayor Sherry Sullivan to execute contract amendment. The contract price will not-to-exceed $1,890,598.85. ADOPTED ON THIS 12TH DAY OF MAY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 297 of 409 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. 3 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. Amendment No. 2, which is attached hereto as part of this Amendment No. 3 is described below: Amendment No. 2 was executed March 7, 2025 to amend the Contract Amendment No. 1 not-to-exceed amount. Amendment No. 2 increased the Original Contract not-to-exceed amount by Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($714,766.50). The amended not-to- exceed amount is One Million Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($1,714,766.50). 4. The Parties agree to amend the Original Contract, Contract Amendment No. 1, and Contract Amendment No. 2 to add additional services for Phase 1 of the project for an additional not-to-exceed amount of One Hundred Seventy-Five Thousand Eight Hundred Thirty-Two Dollars and Thirty-Five Cents ($175,832.35). 5. That amendment binds and benefits both Parties and any successors or assigns. This document, including the attached original contract, Amendment No. 1, and Contract Amendment No. 2, is the entire agreement between the Parties. All other terms and conditions of the Original Contract, remain unchanged. This contract will be increased of One Hundred Seventy-Five Thousand Eight Hundred Thirty- Two Dollars and Thirty-Five Cents ($175,832.35). The total cost of the contract shall be not-to-exceed One Million Eight Hundred Ninety Thousand Five hundred Ninety-Eight Dollars and Eighty-Five Cents ($1,890,598.85). IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment as of the day and year first above written. Page 298 of 409 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 299 of 409 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 300 of 409 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 301 of 409 Page 302 of 409 Page 303 of 409 Page 304 of 409 Page 305 of 409 Page 306 of 409 Page 307 of 409 Page 308 of 409 Page 309 of 409 Page 310 of 409 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 311 of 409 RESOLUTION NO. 5363-25 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 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 ~~~ ac Burr~cilPresient Attest: ~L City Clerk Page 312 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1474 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for three (3) force main upgrades along North Section Street and South Section Street. Authorize Treasurer to transfer $2,739,900.00 from 004020-59500 Line 50 (181 Force Main & Regional Lift Stations) project to cover expense overage. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-010 Force Main Upgrades to Hemphill Construction, Inc. for a not-to-exceed amount of $6,489,900.00. Authorize Treasurer to transfer $2,739,900.00 from 004020-59500 Line 50 (181 Force Main & Regional Lift Stations) project to cover expense overage. BACKGROUND INFORMATION: This project primarily consists of three (3) force main upgrades along North Section Street and South Section Street. North Section Street force main upgrades consist of approximately 2,700 linear feet of 12-inch diameter HDPE force main along North Section Street which will extend from Rosa Avenue within the existing right of way to Bayou Drive. South Section Street force main upgrades consist of approximately 1,900 linear feet of 12-inch diameter PVC force main along Twin Beech Road from Heard Road to South Section Street, 5,100 linear feet of 16-inch diameter PVC force main, and 1,850 linear feet of 16-inch diameter HDPE force main along South Section Street from Twin Beech Road within the existing right of way to South Church Street. A service bid was issued on March 7, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Three (3) responsive bids were received at the bid opening on April 18, 2025 at 10:00 a.m. The Superintendent of Water/Wastewater recommends the award be made to the low bidder, Hemphill Construction, Inc. for the low bid cost of Six Million Four hundred Eighty-Nine Thousand Nine Hundred Dollars ($6,489,900.00). Page 313 of 409 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59500 Waste Water - System Improvement Collections System $3,750,000.00 $6,489,900.00 ($2,739,900.00) Authorize Treasurer to transfer $2,739,900.00 from 004020-59500 Line 50 (181 Force Main & Regional Lift Stations) project to cover expense overage. The 181 Force Main project is still in design phase and will not be awarded until end of FY2025 which will allow for budgeting construction costs in FY2026. Budget Transfer: 004020-59500 Line 50 - ($2,739,900.00) 004020-59500 Lines 60, 70, 90, & 100 - $2,739,900.00 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 314 of 409 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 Force Main Upgrades (Bid No. 25-010) for the Water/Wastewater Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: [3] After evaluating the bid proposals with the required bid specifications, Hemphill Construction, Inc. is now awarded the bid for Force Main Upgrades (Bid No. 25-010) for the Water/Wastewater Department with a not-to-exceed amount of $6,489,900.00. [4] Authorizes City Treasurer to transfer $2,739,900.00 from 004020-59500 Line 50 (181 Force Main & Regional Lift Stations) project to cover expense overage. Adopted on this 12th day of May, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 315 of 409 kimley-horn.com 11 N. Water St. | RSA Battle House Tower, Ste. 9290 | Mobile, AL 36602 251 263 8311 April 21, 2025 City of Fairhope Attn: Daryl Morefield Water/Wastewater Superintendent 555 S. Section Street Fairhope, AL 36532 RE: Fairhope Force Main Upgrades – KH 242140004 Mr. Morefield, Bids were received for the referenced project on April 18, 2025. The Total Bid amount for all Bids received are listed in the table below. The attached Bid Tabulation is based on the received Bids. Contractor Total Bid Hemphill Construction, Inc. $6,489,900.00 Construction Labor Services, Inc. $7,121,450.00 L&K Contracting Company, Inc. $7,658,155.00 We have reviewed the Bid submitted by Hemphill Construction, Inc. and find it to be in order. We recommend that the project be awarded to Hemphill Construction, Inc. in the amount of $6,489,900.00 as the lowest responsible and responsive Bidder. Please contact me at (251) 751-2527 or chuck.starling@kimley-horn.com should you have any questions or require additional information. Sincerely, Charles H. Starling, III, P.E., BCEE Project Manager Page 316 of 409 1.01 Mobilization 1 LS 384,000.00$ 384,000.00$ 250,000.00$ 250,000.00$ 400,000.00$ 400,000.00$ 1.02 Silt Fence (Installation and Removal) 10,000 LF 1.00$ 10,000.00$ 12.00$ 120,000.00$ 6.00$ 60,000.00$ 1.03 Site Restoration and Grassing 0.8 AC 10,000.00$ 8,000.00$ 5,000.00$ 4,000.00$ 19,650.00$ 15,720.00$ 1.04 Traffic Control 1 LS 72,000.00$ 72,000.00$ 250,000.00$ 250,000.00$ 11,500.00$ 11,500.00$ 2.01 10-inch PVC C900 DR18 Pipe (Open Cut) 50 LF 115.00$ 5,750.00$ 200.00$ 10,000.00$ 96.00$ 4,800.00$ 2.02 12-inch DIPS DR 11 HDPE HDD Carrier Pipe 2,700 LF 87.00$ 234,900.00$ 90.00$ 243,000.00$ 137.00$ 369,900.00$ 2.03 12-inch PVC C900 DR18 Pipe (Open Cut) 4,600 LF 135.00$ 621,000.00$ 145.00$ 667,000.00$ 91.00$ 418,600.00$ 2.04 16-inch PVC C900 DR18 Pipe (Open Cut) 4,700 LF 175.00$ 822,500.00$ 250.00$ 1,175,000.00$ 110.00$ 517,000.00$ 2.05 16-inch DIPS DR 11 HDPE HDD 2,250 LF 678.00$ 1,525,500.00$ 450.00$ 1,012,500.00$ 750.00$ 1,687,500.00$ 2.06 18-inch 0.500-inch-Thick Steel Casing HDD 2,600 LF 765.00$ 1,989,000.00$ 655.00$ 1,703,000.00$ 880.00$ 2,288,000.00$ 2.07 12-inch Plug Valve, MJ 2 EA 5,000.00$ 10,000.00$ 7,000.00$ 14,000.00$ 5,500.00$ 11,000.00$ 2.08 16-inch Plug Valve, MJ 4 EA 10,000.00$ 40,000.00$ 14,000.00$ 56,000.00$ 13,100.00$ 52,400.00$ 2.09 8-inch Insertion Valve 1 EA 15,000.00$ 15,000.00$ 22,000.00$ 22,000.00$ 15,075.00$ 15,075.00$ 2.10 10-inch Insertion Valve 4 EA 22,000.00$ 88,000.00$ 35,000.00$ 140,000.00$ 23,300.00$ 93,200.00$ 2.11 12-inch Insertion Valve 1 EA 25,000.00$ 25,000.00$ 42,000.00$ 42,000.00$ 25,000.00$ 25,000.00$ 2.12 Ductile Iron Fittings 15 TN 500.00$ 7,500.00$ 35,000.00$ 525,000.00$ 35,000.00$ 525,000.00$ 2.13 Mechanical Joint Restraints 150 EA 450.00$ 67,500.00$ 550.00$ 82,500.00$ 882.00$ 132,300.00$ 2.14 8-inch Tapping Sleeve and Valve 1 EA 10,000.00$ 10,000.00$ 9,500.00$ 9,500.00$ 9,000.00$ 9,000.00$ 2.15 10-inch Tapping Sleeve and Valve 2 EA 12,000.00$ 24,000.00$ 9,600.00$ 19,200.00$ 10,250.00$ 20,500.00$ 2.16 12-inch Tapping Sleeve and Valve 1 EA 15,000.00$ 15,000.00$ 16,000.00$ 16,000.00$ 13,025.00$ 13,025.00$ 2.17 16 x 18-inch Tapping Sleeve and Valve 1 EA 34,000.00$ 34,000.00$ 33,000.00$ 33,000.00$ 24,600.00$ 24,600.00$ 2.18 2-inch Air Release Valve 6 EA 10,000.00$ 60,000.00$ 8,500.00$ 51,000.00$ 10,500.00$ 63,000.00$ 2.19 Remove and Replace 18" RCP 120 LF 100.00$ 12,000.00$ 250.00$ 30,000.00$ 35.00$ 4,200.00$ 2.20 Asphalt Repair - Driveway 200 SY 85.00$ 17,000.00$ 80.00$ 16,000.00$ 169.00$ 33,800.00$ 2.21 Mill and Resurfacing 5,100 SY 45.00$ 229,500.00$ 70.00$ 357,000.00$ 145.00$ 739,500.00$ 2.22 Concrete Repair - Ditch 300 SY 230.00$ 69,000.00$ 350.00$ 105,000.00$ 149.00$ 44,700.00$ 2.23 Concrete Repair - Driveway, Sidewalk 350 SY 160.00$ 56,000.00$ 350.00$ 122,500.00$ 128.00$ 44,800.00$ 2.24 Concrete Repair - Curb 100 LF 50.00$ 5,000.00$ 75.00$ 7,500.00$ 54.00$ 5,400.00$ 2.25 External Manhole Drop Connection 1 EA 10,000.00$ 10,000.00$ 8,125.00$ 8,125.00$ 10,750.00$ 10,750.00$ 2.26 20-inch Steel Casing 0.250" Wall Thk (Open-Cut) 35 LF 300.00$ 10,500.00$ 425.00$ 14,875.00$ 240.00$ 8,400.00$ 2.27 24-inch Steel Casing 0.250" Wall Thk (Open-Cut)35 LF 350.00$ 12,250.00$ 450.00$ 15,750.00$ 271.00$ 9,485.00$ 4/21/2025 Charles H. Starling, III, P.E., BCEE Date Kimley-Horn and Associates, Inc. BID TABULATION Fairhope, Alabama Friday, April 18, 2025 This is to certify that the Bid Tabulation above is true and correct tabulation of Bids received on April 18, 2025 for the above referenced project. BASE BID ITEMS 7,658,155.00$ 7,121,450.00$ 6,489,900.00$ TOTAL BASE BID QUANTITY BID UNIT CITY OF FAIRHOPE FORCE MAIN UPGRADES BID NO. 25-010 CITY OF FAIRHOPE PROJECT NO. 242140004 Construction Labor ServicesHemphill Construction UNIT PRICE BID AMOUNTITEM DESCRIPTION L&K Contracting UNIT PRICE BID AMOUNTUNIT PRICE BID AMOUNT Page 317 of 409 Page 318 of 409 Page 319 of 409 PRF - Multiple Sewer Force Mains 2 Final Audit Report 2024-11-08 Created:2024-11-08 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAcPAM2THMpR0H9zCfJv6yL5M4LuLmd5AB "PRF - Multiple Sewer Force Mains 2" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-11-08 - 2:46:44 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-11-08 - 2:47:02 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-11-08 - 4:29:48 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-11-08 - 4:30:15 PM GMT - Time Source: server Agreement completed. 2024-11-08 - 4:30:15 PM GMT Page 320 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1478 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 Installation of an 8-inch Water Main at Portico Simpson. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for labor and materials for the Installation of an 8-inch Water Main at Portico Simpson to WR Mitchell Contractor, Inc. for a not-to-exceed project cost of $61,370.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval to award the Request for Quotes for Labor and Materials for the Installation of an 8-ich Water Main at Portico Simpson. 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. Two contractors did not respond. The lowest quote was from WR Mitchell Contractor, Inc.. The Superintendent of Water/Wastewater requests approval to award the Request for Quote to WR Mitchell Contractor, Inc. for the not-to-exceed cost of Sixty-One Thousand Three Hundred Seventy Dollars ($61,370.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500-20 Water - Distribution System $61,370.00 $61,370.00 ($0.00) Budget FY2025 004010-59500-20 has funding for "Water distribution system main replacement and upgrades" Page 321 of 409 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 322 of 409 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 Installation of an 8-Inch Water Main at Portico Simpson to WR Mitchell Contractor, Inc. for a not-to-exceed project cost of $61,370.00. 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 12TH DAY OF MAY, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 323 of 409 Page 324 of 409 Page 325 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1473 FROM:Daryl Morefield, WATER SUPERINTENDENT SUBJECT:To dispose of the personal property owned by the City of Fairhope, Alabama, approximately 400 scrap brass water meters, by the following method: sold for scrap or recycle at the highest offered value. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: That the City Council hereby authorizes and directs the Mayor and City Treasurer to dispose of the personal property owned by the City of Fairhope, Alabama, approximately 400 scrap brass water meters, by the following method: sold for scrap or recycle at the highest offered value. 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 326 of 409 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: Approximately 400 Scrap Brass Water Meters 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. Sold for scrap or recycle at the highest offered value. ADOPTED AND APPROVED THIS 12TH DAY OF MAY, 2025 ___________________________________ Jack Burrell, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk Page 327 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1479 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting to approve the award of the Request for Quotes for Labor and Materials for the maintenance/cleaning of the main irrigation well for Quail Creek Golf Course, to include cleaning of the intake line and re- setting of the pump. Authorizes the City Treasurer to transfer $29,462.73 from the Golf Grounds Capital Improvements to Golf Grounds General Maintenance. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for Labor and Materials for the maintenance/ cleaning of the main irrigation well for Quail Creek Golf Course, to include cleaning of the intake line and re-setting of the pump, to Griner Drilling Service, Inc. for a not-to-exceed cost of $29,462.73; and authorizes the City Treasurer to transfer $29,462.73 from the Golf Grounds Capital Improvements to Golf Grounds General Maintenance. BACKGROUND INFORMATION: The Director of Parks and Recreation is requesting to approve the award of the Request for Quotes for Labor and Materials for the maintenance of the main irrigation well for Quail Creek Golf Course. The well cleaning consists of rig, tripping pipe with brush, air lifting existing debris, acid treatment and brushing screens, air lift again, evaluation into an open top rac tank onsite, neutralizing the water in the tank, and pumping neutral water out to the nearest ditch or storm drain, and re-setting the pump. A Request for Quotes was sent to five (5) qualified contractors and two (2) responses were received. The Director of Parks and Recreation requests approval to award the Request for Quotes to Griner Drilling Service, Inc. for the low bid not-to-exceed cost of Twenty-Nine Thousand Four Hundred Thirty-Two Dollars and Seventy-Three Cents ($29,462.73). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 328 of 409 001550- 50360 General Maintenance $0.00 $29,462.73 ($29,462.73) 001550- 50475 Capital Improvements $29,462.73 $0.00 $29,462.73 Authorizes the City Treasurer to transfer $29,462.73 from the Golf Grounds Capital Improvements to Golf Grounds General Maintenance. Saving from Golf Greens Renovation project $58,800.00 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 329 of 409 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 Maintenance/Cleaning of the Main Irrigation Well for Quail Creek Golf Course to Griner Drilling Service, Inc. for a not-to-exceed cost of $29,462.73; and authorizes the City Treasurer to transfer $29,462.73 from the Golf Grounds Capital Improvements to Golf Grounds General Maintenance. DULY ADOPTED ON THIS 12TH DAY OF MAY, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 330 of 409 Page 331 of 409 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Pat White Date: 05/05/2025 Department: Recreation Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Griner Drilling Service Inc $ 29,462.73 2. Johnson Well Drilling LLC $ 53,500.00 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? Cleaning of the intake line for the main irrigation well and re-setting of the pump. 2. What is the total cost of the item or service? $29,462.73 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Griner Drilling Service Inc 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☐ Yes ☐ No ☒ Emergency Request 2. If budgeted, what is the budgeted amount? Click or tap here to enter text. 3. Budget code: Click or tap here to enter text. Email completed form with quotes and other supporting documentation to Page 332 of 409 PUR-004 - 082522 Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 333 of 409 Page 334 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1472 FROM: Stephanie Hollinghead, Chief SUBJECT: The Police Chief, Stephanie Hollinghead, is requesting to purchase Two (2) New 2024 or 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-037 for the procurement of Two (2) New 2024 or 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab to Donohoo Chevrolet, LLC for a not-to-exceed amount of $108,847.60. BACKGROUND INFORMATION: A service bid was issued on April 18, 2025, posted to the City of Fairhope's website. Three (3) responsive bids were received at the bid opening on April 25, 2025 at 2:00 p.m. The Police Chief recommends the award be made to Donohoo Chevrolet, LLC. for one (1) 2024 Silverado Truck without the Alternate 1 Upfit and one (1) 2024 Silverado Truck with the Alternate 1 Upfit. Their bid response price per Silverado Truck with the Alternate 1 Upfit was Sixty-Three Thousand One Hundred Eleven Dollars and Ten Cents ($63,111.10) each with free delivery, and a bid price of Forty-Five Thousand Seven Hundred Thirty-Six Dollars and Fifty Cents ($45,736.50) each without the Alternate 1 Upfit. They were the low bid. Total bid price for these two vehicles was One Hundred Eight Thousand Eight Hundred Forty- Seven Hundred Dollars and Sixty Cents ($108,847.60). One of the vehicles will be purchased using US Dept of Justice Appropriations Act Grant funding. Previous Council Action: Resolution No. 5199-24 Adopted by Council September 23, 2024 authorized acceptance of Department of Justice Appropriations Act grant of $200,000.00 (Grant# 15PBJA-24-GG-00286-BRND). BUDGET IMPACT/FUNDING SOURCE: Page 335 of 409 Account No. Account Title Current Budget Cost Available Budget 001150- 50470 Police - Vehicles & Equipment $60,530.00 $45,736.50 $14,793.50 001150- 50470 Police - Vehicles & Equipment $0.00 $63,111.10 ($63,111.10) 001-40835 Federal Grant Revenue $0.00 ($63,111.10) $63,111.10 Net Available $14,793.50 Cost of one (1) upfitted vehicle will be reimbursed by US Dept of Justice Appropriations Act Grant funding. GRANT: US Dept of Justice Appropriations Act Grant 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 336 of 409 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 Silverado 1500 PPV 4WD Crew Cab (Bid No. 25-037) for the Police Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: [3] After evaluating the bid proposals with the required bid specifications, Donohoo Chevrolet, LLC is now awarded the bid for Two (2) New 2024 or 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab (Bid No. 25-037) for the Police Department for a not-to-exceed amount of $108,847.60. Adopted on this 12th day of May, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 337 of 409 Page 338 of 409 Page 339 of 409 Page 340 of 409 Page 341 of 409 Page 342 of 409 Page 343 of 409 Page 344 of 409 Page 345 of 409 Page 346 of 409 Page 347 of 409 Page 348 of 409 Page 349 of 409 Page 350 of 409 Page 351 of 409 Page 352 of 409 Page 353 of 409 Page 354 of 409 Page 355 of 409 Page 356 of 409 Page 357 of 409 Page 358 of 409 Page 359 of 409 Page 360 of 409 Page 361 of 409 Page 362 of 409 Page 363 of 409 Page 364 of 409 Page 365 of 409 Page 366 of 409 Page 367 of 409 Page 368 of 409 Page 369 of 409 Page 370 of 409 Page 371 of 409 Page 372 of 409 Page 373 of 409 Page 374 of 409 Page 375 of 409 Page 376 of 409 Page 377 of 409 Page 378 of 409 Page 379 of 409 Page 380 of 409 Page 381 of 409 Page 382 of 409 Page 383 of 409 Page 384 of 409 Page 385 of 409 Page 386 of 409 Page 387 of 409 Page 388 of 409 Page 389 of 409 Page 390 of 409 Page 391 of 409 Page 392 of 409 Page 393 of 409 Page 394 of 409 Page 395 of 409 Page 396 of 409 Page 397 of 409 Page 398 of 409 Page 399 of 409 Page 400 of 409 PRF - Two Police Silverado Trucks Final Audit Report 2025-04-10 Created:2025-04-10 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAVhLhHu3araoz8w2rYyzFEVbfQm81SpGT "PRF - Two Police Silverado Trucks" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-04-10 - 3:45:15 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-04-10 - 3:45:43 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-04-10 - 4:00:41 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-04-10 - 4:00:50 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-04-10 - 4:00:52 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-04-10 - 9:01:13 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-04-10 - 9:01:15 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-04-10 - 9:27:43 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-04-10 - 9:28:06 PM GMT - Time Source: server Agreement completed. 2025-04-10 - 9:28:06 PM GMT Page 401 of 409 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1471 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of the Community Affairs, Paige Crawford, is requesting the hiring of a professional consultant for RFQ PS25-029 Professional Consultant for the Design and Production of Fireworks Display for 4th of July 2025. AGENDA DATE: May 12, 2025 RECOMMENDED ACTION: City Council to approve the negotiated Proposed Fee Schedule for RFQ PS25-029 Professional Consultant for the Design and Production of Fireworks Display for 4th of July 2025 and authorize the Mayor to execute a contract with a not-to-exceed amount of $40,000.00 to Pyro Productions. BACKGROUND INFORMATION: Per the City’s “Procedure for Procuring Professional Services for Projects Under $100K”, under the section for “Variants to the Procedure”, the Mayor exercised Option 1 and chose Pyro Productions Inc. to perform the professional service. The work to be performed is to design and produce the fireworks display for the 4th of July 2025. Pyro Productions Inc. has submitted a proposal for Forty Thousand Dollars ($40,000.00) for these services. This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3) Contracts for which competitive bidding not required, which states: “Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.” BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 402 of 409 Budget 001240- 50490 Line 90 Community Events $40,000.00 $40,000.00 ($0.00) GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 403 of 409 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Pyro Productions Inc. for a Professional Consultant for (RFQ PS25-029) Design and Production of Fireworks Display for 4th of July 2025 with a not-to-exceed amount of $40,000.00; pursuant to Code of Alabama, “Pyrotechnic Shooter Law”. DULY ADOPTED THIS 12TH DAY OF MAY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 404 of 409 City of Fairhope on Friday, July 4th, 2025 Pyro Productions 2083 Helms Rd Dothan, Alabama 36301 http://pyroproductions.com main@pyroproductions.com 2517257975: 866-535-7976 · Local:: (866)535-7976 Quote Summary Quote Total: $40,000.00 Recipient Paige Crawford · paige.crawford@fairhopeal.gov Aerial Fireworks Display Thank you for considering Pyro Productions as your fireworks provider. Below please find our quote as well as a link to information about our company. About - Pyro Productions.pdf Aerial Fireworks Display Opener: Celebrate your event with an opening full of colorful brilliance and chest- pounding thunderous salutes— a modest teaser for what’s about to come. The show opener will contain a barrage of assorted colors and eects of shells and multi-shot aerial devices launched from several dierent positions, leaving your audience captivated, amazed, and excited for what’s to come. 0 - 1.5" colored Stars & Unique eects 300 Main Body: The “Oohs and Ahhhs” from the crowd will help start your event o with a bang. The body of your show will be a high-intensity aerial spectacular full of various colors, patterns, sounds, and eects. It will contain an assortment of Pyro $40,000.00 Page 405 of 409 Productions brand shells, the highest quality shells available in the industr y, all manufactured to our exacting specifications. This means higher altitude, bigger breaks, brighter colors, more noise, and dazzlingly unique eects. 200 - 1.5" colored Stars & Unique eects 212 - 2.5" Premium Display Shells 82 - 3" Premium Display Shells 180 - 4" Premium Display Shells 200 - 5" Premium Display Shells 82 - 6" Premium Display Shells 8 - 8" Premium Display Shells Finale: Pyro Productions understands that people will most likely remember the grand finale more than anything else during the show. We will design a finale that your crowd will talk about for months! Pyro Productions is known in the industry for shooting some of the most spectacular Grand Finales that will leave your audience breathless. Just wait... 300 - 1.5" colored Stars & Unique eects 280 - 3" Red, Silver, and blue w Salute shells 78 - 4" Red, Silver, and blue w Salute shells TOTAL SHELLS:1,982 SHOW DURATION: 22 + / - Minutes * Any permit fees over $150.00 will be added to the invoice total. ** Any extra fees required for fire personnel and/or fire apparatus not included in this proposal will be the responsibility of the buyer. Total:$40,000.00 Page 406 of 409 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Paige Crawford Date: 04/30/25 Department: Economic Development Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total 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. Pyro Productions, Inc. $ 40,000.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Aerial Fireworks Show and Production Services 2025 2. What is the total cost of the item or service? $40,000.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): 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? $40,000.00 3. Budget code: 001240-50490 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 407 of 409 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: April 30, 2025 Re: RFQ PS25-029 Professional Consultant for the Design and Production of Fireworks Display for 4th of July 2025 The Director of Community Affairs, Paige Crawford, is requesting the hiring of a professional consultant for RFQ PS25-029 Professional Consultant for the Design and Production of Fireworks Display for 4th of July 2025. Per our Procedure for Procuring Professional Services, Paige Crawford and I are providing a short list of firms for the Mayor to select from for the work. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Pyro Productions Inc. _______________ ___________ None. Submit another list Cc: file, Paige Crawford, Mayor Sherry Sullivan Sherry Sullivan (May 1, 2025 12:03 CDT) Sherry Sullivan May 1, 2025 Page 408 of 409 Memo to choose - 4th of July Fireworks Final Audit Report 2025-05-01 Created:2025-04-30 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAPVTIdMl1Sr_N6lg3jbtZcQ91N2FjswOL "Memo to choose - 4th of July Fireworks" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-04-30 - 8:30:04 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-04-30 - 8:30:31 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-05-01 - 5:03:05 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-05-01 - 5:03:29 PM GMT - Time Source: server Agreement completed. 2025-05-01 - 5:03:29 PM GMT Page 409 of 409