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HomeMy WebLinkAboutCity Council Agenda Packet, August 25, 2025 CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, August 25, 2025 - 6:00 PM City Council Chambers Council Members Jack Burrell Corey Martin Jimmy Conyers Jay Robinson Kevin G. Boone Invocation and Pledge of Allegiance  Final Adoption property of Gold Kist Corner, LLC to B- southwest corner of State Highway 104 and State Highway 181. PPIN #19982. Final Adoption property of Advantage Holdings, LLC to B- State Highway 181. PPIN #66242. (Introduced at the August 11, 2025 City Council Meeting.) 7. - Ordinance - Amending Ordinance No. 1800 known as the Personnel Rules, Policies and Procedures; specifically, XII. Use of City Vehicles, Section D. Assignment of Vehicles (Item No. 1) Take- Page 1 of 273 City Council Regular Meeting August 25, 2025 Page - 2 - 13. Resolution - To award (Bid No. 25-052) to Great Southern Recreation, LLC. for Artificial Turf at Community Park with a bid proposal not-to- $144,688.00. cutting units for Reel Mowers that are on Sourcewell Contract #112624- Beard Equipment Co. for a cost not to exceed $40,014.56. from Recreation expenses as follows - General Maintenance ($15,821.17), Equipment Rental ($6,000.00) to fund thi amount of $156,000 (ARF26-12- 181 and Gayfer Road 16-Inch Water Transmission Main with a bid proposal not-to for Professional Consulting Services for (RFQ PS25- Repair Under Rock Creek with a bid proposal not-to- Treasurer to transfer $309,285.00 from Water System Improvement - (004010-59500 Improvement - Collections (004020- Fairhope (“Host”) to allow the insta retainer fee of Eight Thousand Dollars ($8,000.00) per month; and a not-to- Page 2 of 273 City Council Regular Meeting August 25, 2025 Page - 3 - 22. Adjourn Regular City Council Meetings of the City Council shall be held on the 2nd and 4th Monday of each month immediately following the 4:30 p.m. Work Session unless prescheduled and announced otherwise. Fairhope Municipal Complex Council Chambers 161 North Section Street Page 3 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1049 FROM: Lisa Hanks, CITY CLERK SUBJECT: Approve minutes of the August 11, 2025, Regular City Council Meeting and minutes of the August 11, 2025, Work Session. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: City Council approval of minutes. 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 273 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 11 August 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Jay Robinson was absent. There being a quorum present, Council President Burrell called the meeting to order at 6:03 p.m. The invocation was given by Pastor Titus Ulrich of Celebration Church and the Pledge of Allegiance was recited. Councilmember Martin moved to approve minutes of the 27 July 2025, regular meeting; and minutes of the 27 July 2025, work session. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council and thanked the teachers, administrators, and everyone affiliated with our schools for what they do to keep our kids safe. She announced the opening of the ten new pickleball and two tennis courts will be held on Thursday, August 14, 2025 at 4:00 p.m. Mayor Sullivan commented that the Flying Creek Nature Preserve Park dedication will be on Saturday, August 23, 2025 between 10:00 a.m. and noon. Councilmember Martin said he hoped everyone had a very blessed first day of school. Councilmember Conyers congratulated the teachers and students. He mentioned Councilmember Jay Robinson who was with his 12U baseball team in Branson Missouri for the Cal Ripken World Series. Councilmember Boone said he wanted to give an at-a-boy to the six citizens of Fairhope who stopped to offer him help when his truck broke down. Council President Burrell said he hoped everyone had a happy back to school. 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 zone the property of Gold Kist Corner, LLC to B-2, General Business District, concurrent with annexation. The property is approximately 4.65 acres and is located on the southwest corner of State Highway 104 and State Highway 181. PPIN #19982. The Planning Commission gave a favorable recommendation of this ordinance. Council President Burrell read the proposed ordinance. Page 5 of 273 11 August 2025 Planning Director Hunter Simmons briefly explained the proposed ordinance with the following condition: a twenty-foot (20”) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Council President Burrell opened the Public Hearing at 6:16 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:16 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the August 25, 2025 City Council meeting. 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 zone the property of Advantage Holdings, LLC to B-2, General Business District, concurrent with annexation. The property is approximately 2.23 acres and is located at 21905 State Highway 181. PPIN #66242. 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 with the following condition: a twenty-foot (20”) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Council President Burrell opened the Public Hearing at 6:20 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:20 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the August 25, 2025 City Council meeting. Councilmember Conyers introduced in writing an ordinance to amend Ordinance No. 1800 known as the Personnel Rules, Policies and Procedures; specifically, XII. Use of City Vehicles, Section D. Assignment of Vehicles (Item No. 1) Take-Home Vehicles regarding the Police Department. Due to lack of a motion for immediate consideration, this ordinance will layover until the August 25, 2025 City Council meeting. * * Page 6 of 273 11 August 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes Mayor Sullivan to enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Sidewalk along County Road 13 from Sedgefield Drive to Fox Hollow Phase 3, and from Pecan Park to Nichols Avenue with pedestrian crossing at Nichols Avenue; Project# CRPES- 0224( ); CPMS Ref# 100078292 and Ref# 100078293. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5525-25 BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE AS FOLLOWS: That the City of Fairhope enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Sidewalk along CR-13 from Sedgefield Drive to Fox Hollow Phase 3, and from Pecan Park to Nichols Avenue with pedestrian crossing at Nichols Avenue; Project# CRPES-0224( ); CPMS Ref# 100078292 and 100078293. Which agreement is before this Council, and that the agreement be executed in the name of the City, by the Mayor for and on its behalf and that it be attested by the City Clerk and the official seal of the City be affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. Adopted and Approved this 11th day of August, 2025 _________________________________ Jack Burrell, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Page 7 of 273 11 August 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-056-2025-PWI-024) to Asphalt Services, Inc. for Public Works & Utility Parking & Operations Yard Expansion and Paving Project with a bid proposal not-to-exceed $497,783.10. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5526-25 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 Bid No. 25-056- 2025-PWI-024 Public Works & Utility Parking & Operations Yard Expansion and Paving Project for the City of Fairhope Public Works Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for Bid No. 25-056-2025-PWI-024 Public Works & Utility Parking & Operations Yard Expansion and Paving Project [3] After evaluating the bid proposals with the required bid specifications, Asphalt Services, Inc. is now awarded Bid No. 25-056-2025-PWI-024 Public Works & Utility Parking & Operations Yard Expansion and Paving Project for the City of Fairhope Public Works Department with a bid proposal not-to-exceed $497,783.10. ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 8 of 273 11 August 2025 Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes Mayor Sherry Sullivan to have City Staff assist with the Bicycle Racks at the Eastern Shore Art Center as presented in the Work Session on July 28, 2025 which includes pouring concrete pads and installing the racks. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Page 9 of 273 11 August 2025 RESOLUTION NO. 5527-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to have City Staff assist with the Bicycle Racks at the Eastern Shore Art Center as presented in the Work Session on July 28, 2025 which includes pouring concrete pads and installing the racks. Adopted on this 11th day of August, 2025 _______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor and Materials to Construct a New 24' x 50' Covered Batting Cage at Founders Park to TEC Construction for a not-to-exceed project cost of $34,072.00. This Public Works project will be less than $100,000.00; and therefore, does not need to be formally let out for bid. And, authorizes the Treasurer to transfer $34,072.00 from Founders Park Playground Equipment project previously approved to be funded by Impact Fees by Resolution No. 5205-24, adopted September 30, 2024. This project (“a New 24’ x 50’ Covered Batting Cage at Founders Park for a not-to-exceed project cost of $34,072.00”) shall be paid from the Impact Fess Account and meets the criteria for use of these funds for "Parks and Recreation." Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 10 of 273 11 August 2025 RESOLUTION NO. 5528-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials to Construct a New 24’ x 50’ Covered Batting Cage at Founders Park to TEC Construction for a not-to-exceed project cost of $34,072.00. This Public Works project will be less than $100,000.00 and therefore does not need to be formally let out for bid; and authorizes the Treasurer to transfer $34,072.00 from Founders Park Playground Equipment project previously approved to be funded by Impact Fees by Resolution No. 5205-24, adopted September 30, 2024. [2] This project (“a New 24’ x 50’ Covered Batting Cage at Founders Park for a not -to- exceed project cost of $34,072.00”) shall be paid from the Impact Fess Account and meets the criteria for use of these funds for "Parks and Recreation" which is a Benefit Area for (i) the acquisition of new public parks lands, (ii) the construction, development and/or improvement of public recreational facilities, (iii) the construction, development and/or improvement of public park amenities, (iv) the acquisition of new park vehicles, and (v) the parks and recreation component of the "Impact Fee Study" prepared by TischlerBise. DULY ADOPTED ON THIS 11TH DAY OF AUGUST, 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 of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Willow Bridge Street Sewer Tie-In to Ball Con for a not-to-exceed project cost of $36,900.00. This Public Works project will be less than $100,000.00 and therefore does not need to be formally bid out; and authorizes the Treasurer to transfer $36,900.00 in FY25 Budget from Wastewater Repairs and Maintenance to Wastewater System Improvements- Collections. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Page 11 of 273 11 August 2025 RESOLUTION NO. 5529-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for Willow Bridge Street Sewer Tie-In to Ball Con for a not-to-exceed project cost of $36,900.00. This Public Works project will be less than $100,000.00 and therefore does not need to be formally bid out; and authorizes the Treasurer to transfer $36,900.00 in FY25 Budget from Wastewater Repairs and Maintenance to Wastewater System Improvements-Collections. DULY ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a Contract with O’Donnell & Associates, Inc. for Professional Hydrogeological Services (RFQ PS25-033) with a not-to-exceed amount of $41,274.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5530-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Contract with O’Donnell & Associates, Inc. for Professional Hydrogeological Services (RFQ PS25-033) with a not-to-exceed amount of $41,274.00. ADOPTED ON THIS 28TH DAY OF JULY, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 273 11 August 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to rescind Resolution No. 5433-25 awarding Bid No. 25-022 Joint Use Attachment Inventory for City of Fairhope Electric Department; and to authorize the rebid of this purchase under Code of Alabama 1975, Section 41-16-57(d). Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5531-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] To rescind Resolution No. 5433-25 awarding Bid No. 25-022 Joint Use Attachment Inventory for City of Fairhope Electric Department; and to authorize the rebid of this purchase order under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the replacement of the engine in Bucket Truck 1038 for the Electric Department for the estimated cost of $33,123.01 from Lazzari Truck Repair, Inc.; and authorize the Treasurer to make a budget transfer of $30,000.00 from Maintenance-Plant. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 13 of 273 11 August 2025 RESOLUTION NO. 5532-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the replacement of the engine in Bucket Truck 1038 for the Electric Department for the estimated cost of $33,123.01 from Lazzari Truck Repair, Inc.; and authorize the Treasurer to make a budget transfer of $30,000.00 from Maintenance-Plant. DULY ADOPTED ON THIS 11TH DAY OF AUGUST, 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 to reject all bids (Bid No. 25-055) to procure a Fire Extinguisher Inspection Services Annual Contract; and authorize the rebid of the annual contract under Code of Alabama 1975, Section 41 - 16-57(d). Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5533-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council to reject all bids (Bid No. 25-055) to procure a Fire Extinguisher Inspection Services Annual Contract; and authorize the re-bid of the annual contract under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 ______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 14 of 273 11 August 2025 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute the Discontinuance of Service with Tyler Technologies for the Incode Court Online Component for the Municipal Court Magistrates. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5534-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute the Discontinuance of Service with Tyler Technologies for the Incode Court Online Component for the Municipal Court Magistrates. ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 ___________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone moved to adjourn the meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 6:31 p.m. Jack Burrell, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 15 of 273 STATE OF ALABAMA ) ( • The first item on the Agenda was the Fairhope Resident Satisfaction Survey presented by Mayor Sherry Sullivan. She briefly explained and highlighted the main questions on the survey and the results. • The Discussion of Rules and Regulations for Flying Creek Nature Preserve Park was next on the Agenda. Park Ranger/Urban Forester Justin Hammers addressed the City Council and explained these rules; and answered any questions if needed. He also mentioned the need to amend the Ordinance for Camping in Parks to allow groups like the Boys Scouts camping to earn credit for badges. • The next item on the Agenda was the Planning Regulation Review by Planning Director Hunter Simmons. First, he introduced Payton Rogers as the new Planning and Zoning Manager and gave his former places of employment. Mr. Simmons commented the Attorney Eddie Rowe would be here in place of Attorney Chris Williams. He stated that the Zoning Ordinance is out of date; and needs to be revamped to match the Comprehensive Plan. Mr. Simmons said building has been less since 2021; and what you see now was approved in 2021 or prior. He asked the City Council to think about a Planned Unit Development (“PUD”) being 33 percent commercial and a minimum of five acres. He said there would be a Mixed Residential District to replace the PUD; and there are three types to be proposed. He stated this would be removing residential uses from commercial. Council President Burrell said we have to start somewhere, and it can be amended as needed. He commented we have to look at the number of beds not just it being single family residential. Mr. Simmons said we are removing Village Districts and looking at adding Recreational Zoning Districts; i.e., Passive and Active Recreational Districts. • The Fairhope Airport Authority Update was next on the Agenda and presented by Don Ward who is Chairman of the Airport Authority. (See attached handout) He mentioned the new FBO Flight Line First and said they are doing a great job. Mr. Ward said the Air Race Classic is very beneficial for the City of Fairhope. He said we continue to move forward with the Fairhope Airport Authority and the H. L. Sonny Callahan Airport. Councilmember Martin said he was proud of Don Ward and Pel Henry for their work with the Airport. Page 16 of 273 Monday, 11 August 2025 • Councilmember Martin stated that the Fairhope Environmental Advisory Board is still working with the Planning Director Hunter Simmons on greenspace and Comprehensive Plan. • IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No. 17; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 8 and No. 9; and answered any questions if needed. • Electric Superintendent Ben Patterson addressed the City Council regarding Agenda Items No. 14 and No. 15. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No. 12 and No. 13. • Public Works Director George Ladd addressed the City Council regarding Agenda Item No. 16; and answered any questions if needed. • Recreation Director Pat White addressed the City Council regarding Agenda Item No. 11; and answered any questions if needed. 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Pa g e 2 4 o f 2 7 3 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1726 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Ordinance to Amend Zoning Ordinance No. 1253 and to zone the property of Gold Kist Corner, LLC to B-2, General Business District, concurrent with annexation. The property is approximately 4.65 acres and is located on the southwest corner of State Highway 104 and State Highway 181. PPIN #19982. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: That the City Council adopts an Ordinance to Amend Zoning Ordinance No. 1253 and to zone the property of Gold Kist Corner, LLC to B-2, General Business District, concurrent with annexation. The property is approximately 4.65 acres and is located on the southwest corner of State Highway 104 and State Highway 181. PPIN #19982. BACKGROUND INFORMATION: Two conditional annexations are on the agenda. The two properties are adjacent to each other and owned by separate family members. If approved, the existing businesses would be allowed to remain but any alterations, changes, or additions would have to follow Fairhope's requirements. The Planning Commission unanimously recommends approval. Both Staff and Planning Commission recommend one condition of approval, which, in short, would require a 20' buffer where this property abuts residentially zoned property. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 25 of 273 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 26 of 273 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation of B-2, General Business District, The property of Gold Kist Corner LLC is located on the southwest corner of State Highway 104 and State Highway 181, Fairhope, AL. PPIN # 19982 Legal Description: (Case number ZC 25.04) From the Northeast comer of Section 10, Township 6 South, Range 2 East, run N 89° 57'-W 33.0 feet; thence run South 40.0 feet to the POINT OF BEGINNING; thence run South along the West margin of Belforest Road, 621.75 feet; thence run S 89° 51' -W 431.6 feet; thence run North 622.76 feet to the South margin of Alabama Highway 104; thence run S 89° 57' - E along said South margin of Alabama Highway 104, 431.6 feet to the POINT OF BEGINNING, containing 6.165 acres, and being a part of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of said Section 10, Baldwin County, Alabama; EXCEPTING THEREFROM the South 130 feet previously conveyed to John H. Lang. A map of the property to be rezoned is attached as Exhibit A. The property is hereby initially zoned B-2, General Business District concurrent with Annexation into the City of Fairhope. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. A twenty foot (20’) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Page 27 of 273 Ordinance No. _____ Page -2- Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 25TH DAY OF AUGUST, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 25TH DAY OF AUGUST, 2025 ______________________________ Sherry Sullivan, Mayor Page 28 of 273 Page 29 of 273 Page 30 of 273 Page 31 of 273 Page 32 of 273 : Michelle Melton Planning Commission (6 Ayes)(0 Nays) voted to recommend approval of ZC 25.04 City Council August 11, 2025 Page 33 of 273 Page 34 of 273 Page 35 of 273 Page 36 of 273 Page 37 of 273 1                                                              ZC 25.04 Smith Fresh Kitchen Conditional Annexation B‐2 – July 7, 2025    Summary of Request:  The Applicant/Owner, Gold Kist Corner, LLC, requests conditional annexation with rezoning to B‐2 “General  Business District.” The property is approximately 4.65 acres and is located at the southwest corner of State  Hwys 104 and 181. Lieb Engineering is the authorized agent.      Comments    The property is currently zoned B‐4 “Major Commercial District” by the County. There are two (2) operating  businesses on the subject property: Smith Fresh Kitchen (bka “The Hub” a gas station/convenience store) and  Sweat Tire. Permitted Uses for Baldwin County B‐4 are the following:               Applicant desires to be zoned B‐2 if annexed into the City.        Staff supports B‐2 zoning for the subject property if annexed into the City because B‐2 is the “most similar  district” per Article I, Section C(6)(c) to Baldwin County B‐4 zoning. Allowed uses in County B‐4 and City B‐2  zoning are similar and some of the very same uses, including the current uses on the subject property:  convenience store/gas station and automobile parts sales (i.e. tires).      Google Street View last visited on June 13, 2025.  Page 38 of 273 2                                                              ZC 25.04 Smith Fresh Kitchen Conditional Annexation B‐2 – July 7, 2025    Table 3‐1 Use Table from Fairhope Zoning Ordinance      Page 39 of 273 3                                                              ZC 25.04 Smith Fresh Kitchen Conditional Annexation B‐2 – July 7, 2025    Since the property is anticipated to be annexed into the City then City regulations shall apply once the property  is outright under the City’s jurisdiction going forward as B‐2. As such, future development of the site shall  come into compliance with city standards and connect to city utilities.     Convenience Stores in the City may operate with Special Conditions for the Use set forth in Article III, Section  D(4). Moreover, there are incompatible uses to the west. A Baldwin County RSF‐E parcel, which is residential,  and requires buffering. The Tree Ordinance makes reference to 10 ft buffer strips along the incompatible  property line(s) of the developing property  and  for property adjacent to public ROWs (Section 20.5‐4(11) and  (4), respectively and Article V, Section B(2) reads:        Because this is a rezoning case, Staff recommends requiring a 20’ landscape buffer abutting all residential  property that is compliant with Article V, Section B(2) above, but would support planting of trees and shrubs  at time of future development. The City Council, with Planning Commission recommendation, has the  authority and discretion to determine if any additional conditions are applicable to the zoning case at hand.     Citizen Comments    Citizen comments received do not favor this conditional annexation. Most of the comments are about  vehicular congestion due to the existing commercial activity and disappointment in ALDOT for missed  opportunities to improve the single ingress/egress for the Hollowbrook subdivision when ALDOT was  expanding Hwy 181. At least one (1) business (“Storage Pro” outdoor shed sales) that was operating on the  subject property has ceased doing business since the application. Re‐zoning from a County district to a  similar city district does not automatically increase any commercial activity in the area. It is currently a  heavily commercially zoned area via city or county zoning. See below.            Page 40 of 273 4                                                              ZC 25.04 Smith Fresh Kitchen Conditional Annexation B‐2 – July 7, 2025    Conceptual Site Plan       Wetland    There are no wetlands whatsoever on the subject property per the Engineer of Record.         Utilities    Water, Sewer, and Gas shall be supplied by Fairhope Utilities.  Riviera will provide power.    Criteria – The application shall be reviewed based on the following criteria:  (1) Compliance with the Comprehensive Plan;  Response:   Meets. All corners of Hwys 181 and 104 are considered Suburban Mixed‐Use Centers.    (2) Compliance with the standards, goals, and intent of this ordinance;  Response: Applicant intends to annex into the City of Fairhope and fall under the City’s development  guidelines.       (3) The character of the surrounding property, including any pending development activity;  Response: Meets. Most of the surrounding property is already commercially zoned by the county or city. The  Encounter Commercial Park already has existing businesses and is otherwise developing.           Page 41 of 273 5 ZC 25.04 Smith Fresh Kitchen Conditional Annexation B-2 – July 7, 2025 (4) Adequacy of public infrastructure to support the proposed development; Response: This is a re-zoning request, without a Site Plan review. Future projects within the subject property shall ensure adequate public infrastructure. Sweat Tire shall be connected to Fairhope Sewer and Water prior to the City Council meeting for this case. (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: None anticipated. The site is developed. (6) Compliance with other laws and regulations of the City; Response: At the time of any development all applicable laws of the City will be applied. (7) Compliance with other applicable laws and regulations of other jurisdictions; Response: At the time of additional development all applicable laws will be applied. (8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and, Response: The area is an existing commercial hub where such things are commonplace and tolerated. B -2 zoning allows for the same type of impacts that have already happened. (9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff do not anticipate any significant issues relating to this criterion because already developed and no additional or different uses were submitted with the application. Recommendation: Staff and Planning Commission recommend that Case ZC 25.04 Smith Fresh Kitchen from County zoned B-4 to Fairhope B-2 “General Business District” be Approved, with the following condition: 1) A twenty-foot (20’) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Page 42 of 273 Page 43 of 273 Page 44 of 273 Page 45 of 273 Page 46 of 273 Page 47 of 273 Page 48 of 273 Page 49 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1727 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Ordinance – Amend Zoning Ordinance No. 1253 and to zone the property of Advantage Holdings, LLC to B-2, General Business District, concurrent with annexation. The property is approximately 2.23 acres and is located at 21905 State Highway 181. PPIN #66242. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: That the City Council adopts Ordinance to amend Zoning Ordinance No. 1253 and to zone the property of Advantage Holdings, LLC to B-2, General Business District, concurrent with annexation. The property is approximately 2.23 acres and is located at 21905 State Highway 181. PPIN #66242. BACKGROUND INFORMATION: Two conditional annexations are on the agenda. The two properties are adjacent to each other and owned by separate family members. If approved, the existing businesses would be allowed to remain but any alterations, changes, or additions would have to follow Fairhope's requirements. The Planning Commission unanimously recommends approval. Both Staff and Planning Commission recommend one condition of approval, which, in short, would require a 20' buffer where this property abuts residentially zoned property. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 50 of 273 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 51 of 273 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation of B-2, General Business District, The property of Advantage Holdings, LLC is located at 21905 State Highway 181, Fairhope, AL. PPIN # 66242 Legal Description: (Case number ZC 25.05) Commencing at the point of intersection of the center line of the Silverhill Highway (Alabama Highway No. 104) and the centerline of Belforest Road, which point is now presumed to be the Northeast corner of Section 10, Township 6 South, Range 2 East, Baldwin County, Alabama; run thence South along the centerline of the Belforest Road 661.75 feet to the POINT OF BEGINNING; thence run South 8 9 ° 51' West, 67 3. 9 feet to a corner; thence run North 00 ° 30' East, 208.56 feet to a corner; thence run North 89 ° 51' East, 208.56 feet to a corner; thence run South 00 ° 30' West, 78.56 feet to a corner; thence run North 89 ° 51' East, 464.6 feet to a point on the centerline of said Belforest Road; thence run South 130 feet to the POINT OF BEGINNING; EXCEPTING THEREFROM the Belforest Road right-of-way; containing 2. 2 7 acres, more or less, in the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 10, Township 6 South, Range 2 East, Baldwin County, Alabama. A map of the property to be rezoned is attached as Exhibit A. The property is hereby initially zoned B-2, General Business District concurrent with Annexation into the City of Fairhope. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. A twenty foot (20’) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Page 52 of 273 Ordinance No. _____ Page -2- Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 25TH DAY OF AUGUST, 2025 _____________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 25TH DAY OF AUGUST, 2025 ______________________________ Sherry Sullivan, Mayor Page 53 of 273 Page 54 of 273 Page 55 of 273 Page 56 of 273 Planning Commission (6 Ayes)(0 Nays) voted to recommend approval of ZC 25.05 City Council August 11, 2025 Page 57 of 273 Page 58 of 273 Page 59 of 273 Page 60 of 273 Page 61 of 273 Page 62 of 273 Page 63 of 273 Page 64 of 273 Page 65 of 273 6 ZC 25.05 Smith Straw Conditional Annexation B-2 – July 7, 2025 Recommendation: Staff and Planning Commission recommend Case ZC 25.05 Smith Straw County zoned B-4 to Fairhope B-2 “General Business District” be Approved with the following condition(s): 1) Provide the City with the Lessor for the communications tower lease. 2) A twenty foot (20’) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Page 66 of 273 Page 67 of 273 Page 68 of 273 Page 69 of 273 Page 70 of 273 Page 71 of 273 Page 72 of 273 Page 73 of 273 Page 74 of 273 Page 75 of 273 Page 76 of 273 Page 77 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1723 FROM: Stephanie Hollinghead, Chief SUBJECT: Amending Ordinance No. 1800 known as the Personnel Rules, Policies and Procedures; specifically XII. Use of City Vehicles, Section D. Assignment of Vehicles (Item No. 1) Take -Home Vehicles regarding the Police Department. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: That the City Council adopts an Ordinance amending Ordinance No. 1800 known as the Personnel Rules, Policies and Procedures; specifically XII. Use of City Vehicles, Section D. Assignment of Vehicles (Item No. 1) Take-Home Vehicles regarding the Police Department. 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 78 of 273 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1800 KNOWN AS THE PERSONNEL RULES, POLICIES AND PROCEDURES ORDINANCE BE IT ORDAINED BY THE CITY OF FAIRHOPE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, as follows: Section 1. The ordinance known as the Personnel Rules, Policies, and Procedures Ordinance (No. 1800), adopted 10 June 2024, together with the Personnel Handbook of the City of Fairhope, be and the same hereby is changed and altered in respect to the certain sections below: XII. USE OF CITY VEHICLES SECTION D. ASSIGNMENT OF VEHICLES (Item No. 1) 1. Certain employees will be assigned City vehicles for use in their positions and are authorized to drive the vehicle to and from work. “Take-home” vehicles are authorized based on the needs of the City and only for employees living inside the City’s police jurisdiction. Police Officers who live outside the police jurisdiction but within a 30-mile radius of the City of Fairhope police station may be authorized by the Chief of Police and Mayor to take home a City police vehicle to respond to calls for police assistance within the City of Fairhope’s police jurisdiction. Except for commuting to and from work, City vehicles may only be used for City business. (The remainder of Section D. remains as written and adopted.) Section 2. 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. Section 3. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted this 25th Day of August, 2025 ___________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Adopted this 25th Day of August, 2025 ___________________________________ Sherry Sullivan, Mayor Page 79 of 273 D. Assignment of Vehicles 1. Certain employees will be assigned City vehicles for use in their positions and are authorized to drive the vehicle to and from work. “Take-home” vehicles are authorized based on the needs of the City and only for employees living inside the City’s police jurisdiction. Police Officers who live outside the police jurisdiction but within a 15-mile radius of the City of Fairhope police station and in Baldwin County, Alabama, may be authorized by the Chief of Police and Mayor to take home a City police vehicle to respond to calls for police assistance within the City of Fairhope’s police jurisdiction. Except for commuting to and from work, City vehicles may only be used for City business. 2. City vehicles are normally assigned to an individual at the start of their work period and are the employee’s responsibility until the completion of the assigned work period when the vehicle is returned. 3. Employees should inspect the City-owned vehicle on a daily basis (i.e. oil, tires, transmission fluid, etc.). It is the responsibility of the City employee to keep their assigned vehicle clean (inside and outside). 4. It is the responsibility of the driver to make sure that the City-owned vehicle is equipped with proof of insurance, current registration, and gas card. These items are issued to the vehicle, not the driver, and must not be removed under any circumstances. 5. If the employee is going on vacation or will be off work for any length of time, the employee’s supervisor may require the employee to park the City-owned vehicle at the workplace. 6. City employees authorized to use their personal vehicles for periodic City business may be reimbursed for mileage at the rate established by the Internal Revenue Service, as approved by the City Council. 7. The City will not pay for any traffic tickets or parking fines of an employee operating a City-owned vehicle, nor will the City pay if the employee is authorized to use their personal vehicle on City business. An employee found guilty of moving violations while in City vehicles may be subject to disciplinary action. All such related fines received by the employee are their personal responsibility. 8. An employee receiving a travel allowance and using a personal car for City business assumes liability for bodily injuries or property damage arising out of an accident occurring in connection with operation of their personal vehicle. Page 80 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1724 FROM: Justin Hammers, Park Ranger/Urban Forester SUBJECT: An Ordinance to Provide for Rules and Regulations for the Flying Creek Nature Preserve Park. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: That the City Council adopts an Ordinance to Provide for Rules and Regulations for the Flying Creek Nature Preserve Park. 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 81 of 273 ORDINANCE NO. ____ AN ORDINANCE TO PROVIDE FOR RULES AND REGULATIONS FOR THE FLYING CREEK NATURE PRESERVE PARK BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION I. The Code of Ordinances, City of Fairhope, Alabama, Chapter 15 Parks and Recreation is hereby amended to reflect the following changes and additions: ARTICLE IV. RULES AND REGULATIONS FOR THE FLYING CREEK NATURE PRESERVE PARK. SECTION 15-103. APPLICABILITY This Ordinance shall apply in the Flying Creek Nature Preserve Park in the City of Fairhope. As used in this Ordinance, the term “person” includes natural person, firms, and corporations. Violators may be removed from the Flying Creek Nature Preserve Park. SECTION 15-104. RULES AND REGULATIONS. The following safety rules shall be observed by all visitors to the Flying Creek Nature Preserve Park: (a) Bikes must be ridden in designated areas. (b) Dog must be on short leash to maintain control over dog’s actions. (c) No glass containers or alcoholic beverages allowed in the Park. (d) No smoking allowed in the Park. (e) No paint, paint pens, or markers allowed in the Park. (f) The Park will be closed from dusk to dawn. (g) The City of Fairhope accepts no liability for loss or damage of any person or dog while visiting the Park. SECTION 15-105. FLYING CREEK NATURE PRESERVE, OPERATION OF VEHICLES. (a) Definitions. For purposes of this section, the following terms shall be defined as follows: Lands affected: Recreational lands of the city, lying west of Greeno Road and north of Main Street, known as Flying Creek Nature Preserve. Wheeled vehicle: Any device designed, intended and used for the purpose of transporting one (1) or more persons over land, whether or not such vehicle is motorized; includes all rider-propelled devices. Motor vehicle: Any wheeled vehicle which is powered by a hydrocarbon or electric powered engine and which is designed, intended and used for the transport of persons or goods over land; includes passenger vehicles, trucks, mopeds, and motorcycles, which are licensed for operation on public streets. Recreational vehicle: Any device propelled by a hydrocarbon or electric powered engine for recreational use, which term shall include all go-karts, three-wheelers, four-wheelers, dirt bikes and similar type devices, whether or not licensed for public street use. Rider-propelled vehicle: Any device propelled by the action of the rider; includes roller skates, skateboards of whatever type or design, and similar type devices. (b) Prohibited vehicles. During the hours the park is closed, and use of all vehicles, except bicycles, is prohibited within or upon the park lands. Use of recreational vehicles and rider-propelled vehicles, except bicycles, is prohibited at all times, whether or not the park is open. Provided, however, that city owned vehicles or those of city contractors shall be permitted access necessary for ordinary maintenance and operation of the park facilities. Page 82 of 273 Ordinance No. ____ Page -2- (c) Restricted operation. During the hours the park is open, the operation of motor vehicles upon the access roads and parking areas is permitted subject to the city's traffic control. (d) Penalties for violations. Any person operating any wheeled vehicle upon the park lands in violation of any provision herein shall be subject to arrest for violation of this section and, upon conviction of a first offense, shall be subject to a fine of not less than two hundred dollars ($200.00), or a jail sentence of not less than ten (10) days, or both at the discretion of the municipal court. Second or subsequent convictions shall carry a fine of not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00), and a jail sentence of not less than thirty (30) days nor more than six (6) months. Where the violator is a juvenile as defined by the Code of Alabama, 1975, the parent(s), guardian, or person having lawful charge or custody of the juvenile shall be subject to the fines and sentences provided hereinabove. (e) Exception. The provisions of this section shall not apply to vehicles of persons with physical disabilities. SECTION II. SEVERABILITY The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION III. EFFECTIVE DATE This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 25TH DAY OF AUGUST, 2025 _________________________________ Jack Burrell, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 25TH DAY OF AUGUST, 2025 _________________________________ Sherry Sullivan, Mayor Page 83 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1725 FROM: Justin Hammers, Park Ranger/Urban Forester SUBJECT: Repealing and Replacing Ord. No. 419 - Camping in Parks AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: That the City Council adopts an Ordinance to repeal and replace Ordinance No. 419 regarding Camping in Parks. 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 84 of 273 ORDINANCE NO. _____ AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 419; CHAPTER 15 - PARKS AND RECREATION: SECTION 15.2 CAMPING IN PARKS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION I. The Code of Ordinances, City of Fairhope, Alabama, Chapter 15, Article I. In General. Section 15-2 is hereby amended to reflect the following changes and additions: Article I. IN GENERAL Section 15-2. Camping in Parks. It shall be unlawful for any person to camp in any City Park. (a) Council has the right to approve camping in designated areas if group provides service hours in return. SECTION III. SEVERABILITY The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION IV. EFFECTIVE DATE This ordinance shall take effect immediately upon its due adoption and publication as required by law. . ADOPTED THIS 25TH DAY OF AUGUST, 2025 _________________________________ Jack Burrell, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 25TH DAY OF AUGUST, 2025 _________________________________ Sherry Sullivan, Mayor Page 85 of 273 Sec. 15-2. -Camping in parks . It shall be unlawful for any person to camp in any city park . (Ord. No. 419, 7-8-69) Cross reference-Permission to camp on beach , § 6-11 : municipal offense tickets, § 10-26 et seq. Page 86 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1744 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: An Ordinance to amend Ordinance No. 1804, Code of Ordinances to Alter the Schedule of Fees for Construction and Building Permits. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: That the City Council adopts Ordinance to amend Ordinance No. 1804, Code of Ordinances to Alter the Schedule of Fees for Construction and Building Permits. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 87 of 273 ORDINANCE NO. _____ AN ORDINANCE TO AMEND ORDINANCE NO. 1804, CODE OF ORDINANCES: CHAPTER 7 BUILDING; CONSTRUCTION; TECHNICAL CODES, ARTICLE I. IN GENERAL; SECTION 7-7 TO ALTER THE SCHEDULE OF FEES FOR CONSTRUCTION AND BUILDING PERMITS WHEREAS, The City of Fairhope desires to ensure proper construction standards are utilized to provide for adequate health, public safety, and welfare of our citizens; and, WHEREAS, The City of Fairhope desires to be competitive in the user fees charged so as to adequately cover the expenses incurred by the City in enforcing established construction standards; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRHOPE, ALABAMA: 1. THAT CHAPTER 7 BUILDING; CONSTRUCTION; TECHNICAL CODES, ARTICLE I. IN GENERAL, SECTION 7-7 SCHEDULE OF PERMIT FEES, be amended with the following schedule of user charges: New Construction Permit Fees Residential Building Permit Fee $5.00 per $1000.00 of project value (minimum of $100.00) Security/Structured Wire $25.00 Sewer Tap Inspection Fee $25.00 Electrical Permit Fee $75.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $75.00 Mechanical Permit Fee $75.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Plan Review Fee $75.00 (For informal reviews with no contractor of record listed, a review fee of $200.00 may be charged) New Plan Submittal $100.00 Remodeling Permit Fees Residential Project Value Permit Fee $0.00 - $5,000.00 $25.00 Electrical Permit Fee $25.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $25.00 Mechanical Permit Fee $25.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) $5,001.00 - $20,000.00 $5.00 per $1000.00 of project value Electrical Permit Fee $35.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $35.00 Mechanical Permit Fee $35.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) $20,001.00 - $50,000.00 $5.00 per $1000.00 of project value Electrical Permit Fee $50.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $50.00 Mechanical Permit Fee $50.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Page 88 of 273 Ordinance No. _____ Page -2- $50,001.00 – above $5.00 per $1000.00 of project value Electrical Permit Fee new construction rates Temporary Elect. Fee new construction rates Plumbing Permit Fee new construction rates Mechanical Permit Fee new construction rates Sewer Tap Inspection Fee new construction rates Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Other Residential Permit Fees Fire Alarm Permit $25.00 Sprinkler System $50.00 Generator $100.00 Fence Permit Fee $5.00 per $1000.00 of project value (minimum of $25.00) Demolition Permit Fee $25.00 Historic review Admin. fee $100.00 Swimming Pool Fees $100.00 Roofing Permit Fee $5.00 per $1000.00 of project value (minimum of $25.00) Right of Way Permit Fee Fee determined by Public Works Dept (Ordinance 1757 New Construction Permit Fees Commercial Building Permit Fee $6.00 per $1000.00 of project value (minimum of $100.00) Security/Structured Wire $ .50 per $1000.00 of project value (minimum of $50.00) Sewer Tap Inspection Fee $50.00 Electrical Permit Fee $1.00 per $1000 of project value (minimum of $100.00) Temporary Elect. Fee $25.00 Plumbing Permit Fee $1.00 per $1000 of project value (minimum of $100.00) Mechanical Permit Fee $1.00 per $1000 of project value (minimum of $100.00) Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Plan Review Fee $2.50 per $1000.00 of project value (For informal reviews, fees may be charged as calculated using the ICC Building Code Valuation Tables. 3rd party reviews shall be either the cost of the review or the standard charge of $2.50/$1000, whichever is greater) New Plan Submittal $250.00 Remodeling Permit Fees Commercial Project Value Permit Fee $0.00 - $5,000.00 $25.00 Electrical Permit Fee $25.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $25.00 Mechanical Permit Fee $25.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) $5,001.00 - $20,000.00 $6.00 per $1000.00 pf project value Electrical Permit Fee $35.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $35.00 Mechanical Permit Fee $35.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Page 89 of 273 Ordinance No. _____ Page -3- $20,001.00 - $50,000.00 $6.00 per $1000.00 pf project value Electrical Permit Fee $50.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $50.00 Mechanical Permit Fee $50.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) $50,001.00 – above $6.00 per $1000.00 pf project value Electrical Permit Fee new construction rates Temporary Elect. Fee new construction rates Plumbing Permit Fee new construction rates Mechanical Permit Fee new construction rates Sewer Tap Inspection Fee new construction rates Gas Permit Fee Fee determined by Gas Dept (Ordinance 1701) Other Commercial Permit Fees Fire Alarm Permit $ .50 per $1000.00 of project value (minimum of $50.00) Sprinkler System $1.00 per $1000.00 of project value Fire Suppression Hood $1.00 per $1000.00 of project value Food Truck Inspections $50.00 Generator $5.00 per $1000.00 of project value (minimum of $200.00) Sign Permit Fee $5.00 per $1000.00 of project value (minimum of $50.00) Fence Permit Fee $5.00 per $1000.00 of project value (minimum of $50.00) Demolition Permit Fee $50.00 Historic review Admin. fee $100.00 Swimming Pool Fees $250.00 Roofing Permit Fee $5.00 per $1000.00 of project value (minimum of $50.00) Right of Way Permit Fee Fee determined by Public Works Dept (Ordinance 1757) Tree Removal Permit Fee $50.00 Marine Permits Land based work: Boat Lift $5.00 per $1000.00 of project value (minimum of $150.00) Bulkhead/ seawall $5.00 per $1000.00 of project value (minimum of $150.00) Pile driving $5.00 per $1000.00 of project value (minimum of $150.00) Breakwaters/Jetties $5.00 per $1000.00 of project value (minimum of $150.00) Boathouses (habitable space) New construction fees for residential Marinas (public, dredged lands) New construction fees for commercial Pier electrical $50.00 Pier plumbing $50.00 Work over water or submerged state lands are permitted by the US Army Corps of Engineers, Alabama State Lands Division, and the Alabama Department of Environmental Management. This includes piers, marinas over State lands, dredging, tunnels, bridges, underwater pipelines and bacles, offshore platforms, etc) Building Moving Permit Fees Building Moving Permit $50.00 Police Escort Required $300.00 (minimum) Utility Dept. Work Required $120.00 per hour (minimum of 3 hours) Regulations governing the moving of existing buildings are outlined in City Ordinance 1035 Reinspection Fees Reinspection Fees are $100.00 for the first reinspection, $200.00 for the second reinspection, $300.00 for the third reinspection. Page 90 of 273 Ordinance No. _____ Page -4- Convenience Fee A convenience fee for all credit cards charges may apply and will be assessed directly by the credit card processing vendor. Waiver of Permit Fees Permit fees may be administratively waived at the discretion of the Mayor and City Council for projects including: • Projects providing public infrastructure or facilities specifically for use by the citizens of Fairhope. • Required repairs that occur due to a natural disaster as determined at the time of such an event. Calculation of Construction costs Permit and Impact Fees are based on the cost of the building construction and land cost. The cost of the building construction is determined by either a signed construction contract, or as calculated using the most current published International Code Council Building Valuation Tables, whichever is greater. Fines and Penalties Where work for which a permit is required by this Code is started or proceeds prior to obtaining a permit, the fees herein specified shall be doubled. The payment of such double fees shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. A $500.00 fine per occurrence may be assessed to the applicant or contractor of record for beginning or continuing work without approved permits or inspections, as determined by the Building Official. After the 2nd documented case, further permit submittals from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court. A $100.00 fine per occurrence may be assessed if an inspection is scheduled and performed with an incorrect subcontractor listed on the permit, as determined by the Building Official. There will be no fine or charge for contractor changes submitted to the Building Department prior to any inspection being performed. A $500.00 fine may be assessed to the applicant or contractor of record if a structure is occupied prior to the issuance of a CO, as determined by the Building Official. Separate fines may be assessed for each day of occupancy without a CO. After the 2nd documented case, further permit applications from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court. Refund Policy Building Permit fees of $200.00 or greater may be refunded within 180 days of the expiration of the permit if no work has taken place. The refund policy only applies to primary building permit and Impact Fees, and a written request to refund the fees and void the permit must be submitted by the permit applicant. An administrative fee of $50.00 will be deducted from the amount of the refund to be issued. 2. SEVERABILITY CLAUSE, If any subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Page 91 of 273 Ordinance No. _____ Page -5- 3. EFFECTIVE DATE, This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 28TH DAY of AUGUST, 2025 __________________________________ Jack Burrell, Council President ATTEST: ___________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 28TH DAY of AUGUST, 2025 __________________________________ Sherry Sullivan, Mayor Page 92 of 273 ORDINANCE NO. 1804 AN ORDINANCE TO AMEND ORDINANCE NO. 1599 , CODE OF ORDINANCES TO ALTER THE SCHEDULE OF FEES FOR CONSTRUCTION AND BUILDING PERMITS. WHEREAS T h e City of Fairhop e d es ires to en sure prop er cons tru cti on standards are utili ze d to provide for ad equ ate h ealth, publi c safety, and we l far e of our ci ti zens; and , WHEREAS , T h e Ci ty of Fairhope des ires to b e competiti ve in the u ser fees charged so as to adequ atel y cover the exp en ses in curre d by the City i n en forcing establi shed construct i on stan dards; NOW THEREFORE , BE IT ORDAINED BY THE CITY OF FAIRHOPE , ALABAMA: 1. THAT , th e fo ll owin g sch edul e of user charges ar e h ereby adopted : New Con stru ction Pe rmi t Fees Fees residential commercial $6 .00 per $1000.00 of project value $6 .00 per $1000 .00 of project value Building Permit Fee (minimum of $100 .00) (minimum of $100 .00) $1 . 00 per $1000 of project value Electrical Permit Fee $75 .00 (minimum of $100 .00) Temoorarv Elect. Fee $25 .00 $25.00 $1.00 per $1000 .00 of project value Plumbing Permit Fee $75 .00 (minimum of $100 .00) $1.00 per $1000.00 of project value Mechanical Permit Fee $75 .00 (minimum of $100.00) Secu rity/Stru ctured Wi re/ Fire Alarm sta nd alone $ .50 per $1000 .00 of project value perm it $25 .00 (minimum of $50 .00) Fire Suppression hood (sta nd alone oroiect) N/A $1 .00 per $1000.00 of project value Sprinkler System $50 .00 $1 .00 oer $1000 of project value Food Truck lnsoections N/A $50.00 $5 .00 per $1000 .00 of project value , Generator $100 .00 (minimum of $200 .00) Sewe r Tao Inspection Fee $25 .00 $50.00 Fee determ in ed by Gas Dept Fee determined by Gas Dept Gas Permit Fee (Ordinance 1701) (Ordinance 1701) $2.50 per $1000 .00 of project value (For informal reviews , fee may be charged as calculated using the ICC Building Code Valuation Tab les . $75 .00 3rd party reviews shall be either the (For informal reviews with no cost of the review or the standard contractor of record listed , a review charge of $2 .50/$1000 , whichever is Plan Review Fee fee of $200 .00 mav be charged) greater) $5.00 per $10 00 .00 of value (min $5 .00 per $1000.00 of project value Fence Perm it Fee $25 .00) (minimum of $50 .00) $5.00 per $1000.00 of project value Sian Perm it Fee N/A (minimum of $50 .00) New Construction Permit Fees Fees residential commercial Demolition Perm it Fee $25 .00 $50.00 $100.00 for the first reinspection , $200 .00 for the second reinspection , Re insoection Fees $300.00 fo r the third reinsoection . $5 .00 per $1000 .00 of project value $5 .00 per $1000 .00 of project value Roofina Permit Fee (minimum of $25 .00) (minimum of $50 .00) Page 93 of 273 Ord inance No . 1804 Page -2- SwimminQ Pool Fees $100 .,00 $250 .00 Remodeling Permit Fees (residential and commercial) Project value Project Value Fees $0.00 -$5,000.00 $5,001.00 -$20,000.00 $5 .00 per $1000 .00 of project value (residential) $6 .00 per $1000 .00 of project value BuildinQ Permit Fee $25 .00 (commercial) Electrical Permit Fee $25 .00 $35.00 T emoorarv Elect. Fee $25 .00 $25.00 Plumbin!l Permit Fee $25 .00 $35.00 Mechanical Permit Fee $25 .00 $35 .00 Sewer Tao Inspection Fee $25 .00 $25.00 Fee determined by Gas Dept Fee determined by Gas Dept Gas Permit Fee (Ordinance 1701) (Ordinance 1701) Fees $20,001.00 -$50,000.00 $50,001.00 -above $5 .00 per $1000.00 of project value $5 .00 per $1000 .00 of project value (residential) (residential) $6 .00 per $1000 .00 of project value $6 .00 per $1000 .00 of project value Building Permit Fee (commercial) (commercial) Electrical Permit Fee $50 .00 new construction rates Temporary Elect. Fee $25 .00 new construction rates PlumbinQ Permit Fee $50 .00 new construction rates Mechanical Permit Fee $50 .00 new construction rates Sewer Tap Inspection Fee $25 .00 new construction rates Fee determined by Gas Dept Fee determined by Gas Dept Gas Permit Fee (Ordinance 1701) (Ordinance 1701) Fee determined by Public Works Dept Fee determined by Public Works Dept Riqht of Wav Permit Fee (Ordinance 1757) (Ordinance 1757) Building Moving Permit Fees Building Moving Permit $50 .00 Required Police Escort $300 .00 (minimum) Required Utility Department Work $120.00 per hour (minimum of 3 hours) Requlations qoverninq the movinq of existinq buildinqs are outlined in City Ordinance 1035 A convenience fee for all credit cards charges may apply and will be assessed directly by the credit card processing vendor . FINES AND PENAL TIES Where work for which a permit is required by this Code is started or proceeds prior to obtaining a permit , the fees herein specified shall be doubled . The payment of such double fees shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein . Fine for continuing work without a1212roved ins12ections $500 .00 fine per occurrence may be assessed to the applicant or contractor of record for beginning or continuing work without approved permits or inspections , as determined by the Building Official. After the 2nd documented case , further permit submittals from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court. Page 94 of 273 J -~~ ~~ .5 ~ i .r:. ..!!! ]5 ::::, D... .~ "E 0 Ordinance No . 1804 Page -3- Fine for submitting incorrect contractors on a Qermit aQQlication $100 .00 fine per occurrence may be assessed if an inspection is scheduled and performed with an incorrect subcontractor listed on the permit , as determined by the Building Offic ial. There will be no fine or charge for contractor changes submitted to the Building Department prior to any inspection beinQ performed . OccUQ:l£ing a Structure without a Certificate of OccuQanc:l£ {CO} $500 .00 fine may be assessed to the applicant or contractor of record if a structure is occupied prior to the issuance of a CO , as determined by the Building Official. Separate fines may be assessed for each day of occupancy without a CO . After the 2nd documented case , further permit applications from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court . Refund PoliC:l£ Building Permit fees of $200.00 or greater may be refunded within 180 days of the expiration of the permit if no work has taken place . The refund policy only applies to primary building permit and Impact Fees , and a written request to refund the fees and void the permit must be submitted by the permit applicant. An administrative fee of $50 .00 will be deducted from the amount of the refund to be issued . 2. SEVERABILITY CLAUSE, If any sub se c tio n, se nten ce, cl au se, or phrase of thi s ordinance is for an y reaso n held to b e un co n stitution al or otherwi se in valid b y a co urt of co mp e ten t juri sdicti on , su ch dec isio n sh all no t affec t th e validity of th e re m ainin g po rtio n s of thi s o rdinan ce. 3. EFFECTIVE D ATE , Thi s ordinanc e shall tak e effect on Septemb er 1, 2024 up on its du e adoption and public ation as required by law . ADOPTED THIS 22 ND D Co r ey M artin , Counci l Pres id ent ATTE ST : Page 95 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1732 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Request - That Verizon request approval for the proposed replacement of existing wooden small cell poles with metal poles at five various locations throughout the City of Fairhope as required per Ordinance No. 1679. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: Recommend approval BACKGROUND INFORMATION: Verizon requests to replace a series of small cell towers that were originally installed by another company in 2013. The location started on the west side of Fairhope and went south down Scenic 98 past the Grand Hotel. The City, in April of 2020, adopted Ordinance No. 1679 to regulate the installation and placement of small cells. City Council approval is required for new structures in the ROW. The City of Fairhope has poles near these proposed five locations, but the Electric Department stated co-location was not an option. Two of the locations will include a streetlight benefiting the City. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 96 of 273 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 97 of 273 1 Verizon Small Cell Installation – September 25, 2025 Summary of Request: Request of Verizon for approval of the proposed installation and replacement of wooden small cell communications poles with new black metal stealth poles outlined on the map below in Fairhope Rights-Of-Way. The Planning Commission reviewed each individual location under the Utility Review provision and recommended approval of the locations as shown on the map below. Per Ordinance 1679 City Council approval is required to place small cell technology facilities in Rights-Of-Way. Page 98 of 273 2 Verizon Small Cell Installation – September 25, 2025 Page 99 of 273 3 Verizon Small Cell Installation – September 25, 2025 Small Cell Schematic Page 100 of 273 4 Verizon Small Cell Installation – September 25, 2025 General Requirments for Utility Work 1. Permitting, Locating & Phasing • Subsurface Utility Engineering may be required for sensitive locations within the city as required by the ROW supervisor. • An additional right-of-way permit may be required for the potholing procedures needed for SUE. • A traffic control plan shall be submitted with all permits that affect the flow of traffic. • No work shall begin until a ROW permit is issued by the City of Fairhope Building Department. Permit not valid until approved and paid for on Citizen Serve online portal. • The City’s ROW inspector is to be notified 24 hours prior to any activity within the ROW. The prior notice applied to all activity within the ROW including but not limited to trenching, boring, concrete placement. • Hand holes/boxes shall not be allowed to be installed in sidewalks. The applicant shall review the sidewalk plan to determine if there are any conflicts. The applicant shall coordinate with the ROW inspector to resolve any conflicts. • The applicant shall contact Alabama One Call 811 to locate all existing utilities in the ROW (750 LF maximum daily allocation for COF utility locates per day). • A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. Construction • A minimum horizontal clearance (separation) of 36” must be maintained from water, sewer, gas, stormwater, and other city utility infrastructure. • A minimum depth for all telecommunication lines shall be 30”. • Conduit shall match the 811-color code for communication, electric, gas etc. No blue/blue striped conduit is to be used for telecommunications. • The contractor responsible for *excavating inside right of way will be required to provide video documentation of the integrity of any sanitary sewer line (including laterals) within 3 feet of work being performed. This can be videoed prior to work being performed if locations, including depths, are clearly established by contractor, and said work is not within 3 ft of sewer mains or laterals within right of way. This does not apply to laterals on private property not “publicly maintained” (Private infrastructure). • Water, sewer, and gas mains/services must be potholed prior to bore/missile crossings. If street cuts are necessary please contact Right of Way inspector for restoration. • If sidewalk panels need to be removed, the subgrade must be compacted to the satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary walking surface until the permanent repair can be done. • Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck (no bag mix allowed). 3. Horticultural • Handholes shall not be located within driplines of trees within City property, to include the right of ways, without explicit written permission from the City Horticulturalist. • Any proposed trenching shall not be within the dripline of trees. Page 101 of 273 5 Verizon Small Cell Installation – September 25, 2025 • If within tree dripline, consult the City of Fairhope Horticulturist prior to earth work. • Trees shall not be negatively impacted. • Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. • Any work done within the critical root zone shall be done to meet or exceed Internal Society Arboriculture (ISA) standards. • All roots to be removed shall be severed cleanly at the perimeter of the protected radius. • Protective barriers shall be used for all trees, barricades shall be erected a minimum of 20’ from the trunk. 4. Erosion Control • Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas shall be re-vegetated with sod within ten (10) days of completion of the project. Sod shall be watered to ensure survival. • Any excess soil shall be removed and disposed of properly. Dumping on private property without approval will not be tolerated. • Mulch / seed shall only be acceptable as temporary cover. • Inlets shall be protected. BMPs shall be placed at all affected storm inlets. • If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be allowed as fill material, per the City’s Red Clay/Soil Ordinance. • BMPs shall be installed at boring sites and trench locations. • Ground conditions in the ROW’s shall be returned to original preconstruction condition(s) or better. • No open trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under roads, in proximity to trees, on finished lots, etc. 5. Project Completion, Punch List Walk, & As Built • The applicant shall provide as-built drawings of all installed lines depicting depths. • Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the responsibility of the permittee to repair to city standards at no cost to the city. • Any damage that occurs needs to be reported to the city as soon as possible. • Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles to exit the roadway during an emergency. 6. Staff Comments • The proposed utility construction falls within the corporate limits of the City of Fairhope. Any portions of the project affecting public right-of-way (ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits through the respective agency. Page 102 of 273 6 Verizon Small Cell Installation – September 25, 2025 • This site shall comply with all State, Federal and local requirements, including, but not limited to the following City of Fairhope Ordinances: i. City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands. ii. City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil / clay within 100' of critical areas. iii. City of Fairhope Erosion and Sediment Control Ordinance (#1398). iv. Chapter 19 Article VI: ROW Construction and Administration, Ordinance (1754) Staff Recommendation: Approval Planning Commission recommended Approval of the five locations. Page 103 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1738 FROM: Richard Johnson, CITY ENGINEER George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The City Engineer, Richard Johnson, and the Director of Public Works, George Ladd, have requested to hire a company that specializes in disaster debris removal and disposal, in the event that the City has a disaster requiring this service. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-046 Disaster Debris Removal and Disposal Services 2025 to CrowderGulf; the cost of this contract will be determined if it is activated at the time of a disaster. BACKGROUND INFORMATION: A service bid was issued on June 20, 2025, posted to the City of Fairhope's website, and published in three (3) statewide newspapers and Gulf Coast Media. Five (5) responsive bids and three (3) non-responsive bids were received at the bid opening on July 30, 2025 at 10:00 a.m. The five (5) responsive proposals were evaluated by five (5) City of Fairhope staff (see attached Evaluation Score Sheet). The recommendation by the evaluation team is to hire CrowderGulf. The cost of this contract will be determined if it is activated at the time of a disaster. The unit costs for this firm are included in the attached proposal. Pricing was only one component of the evaluation criteria. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Disaster Accounts $TBD $TBD $TBD Page 104 of 273 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 105 of 273 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-046) Disaster Debris Removal and Disposal Services 2025 for the City of Fairhope Public Works Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid No. 25-046) Disaster Debris Removal and Disposal Services 2025 [3] After evaluating the bid proposals with the required bid specifications, Crowder Gulf is now awarded (Bid No. 25-046) Disaster Debris Removal and Disposal Services 2025 for the City of Fairhope Public Works Department. The cost of this contract will be determined if it is activated at the time of a disaster. . ADOPTED ON THIS 25TH DAY OF AUGUST, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 106 of 273 Page 107 of 273 Page 108 of 273 Page 109 of 273 CROWDER GULF Bid Invitation Number 25-046 Disaster Debris Removal and Disposal Services 2025 (City Clerk has bid record available in City Clerk’s Office.) Page 110 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1714 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for the installation of Artificial Turf at Community Park. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-052 Artificial Turf Installation at Community Park to Great Southern Recreation, LLC. for a not-to-exceed amount of $144,688.00. Authorize Treasurer to transfer FY25 budget from General Fund to Capital Projects Fund in the amount of $26,688.00. BACKGROUND INFORMATION: A service bid was issued on July 11, 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 July 31, 2025 at 2:30 p.m. The Director of Parks and Recreation recommends the award be made to Great Southern Recreation, LLC. Their low bid response price for the project was One Hundred Forty-Four Thousand Six Hundred Eighty-Eight Dollars ($144,688.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55836 Community Park Project $118,000.00 $144,688.00 ($26,688.00) Authorize Treasurer to transfer FY25 budget from General Fund to Capital Projects Fund in the amount of $26,688.00 as noted below: General Fund 001-49998 Budget Rollover ($26,688.00) 001900-50965 Transfers - Cap Project Fund $26,688.00 Page 111 of 273 Capital Projects Fund 103-49810 Transfers from General Fund ($26,688.00) 103-55836 Community Park Projects $26,688.00 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 112 of 273 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope did request, receive, and open bids for Artificial Turf at Community Park (Bid Number 25-052) for the City of Fairhope Parks and Recreation Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid Number 25-052) Artificial Turf at Community Park [3] After evaluating the bid proposals with the required bid specifications, Great Southern Recreation, LLC is now awarded Artificial Turf at Community Park for a bid proposal not-to-exceed of $144,688.00. [4] Authorize Treasurer to transfer FY25 budget from General Fund to Capital Projects Fund in the amount of $26,688.00. Adopted on this 25th day of August, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 113 of 273 Page 114 of 273 Page 115 of 273 Page 116 of 273 Page 117 of 273 Page 118 of 273 Page 119 of 273 Page 120 of 273 Page 121 of 273 Page 122 of 273 Page 123 of 273 Page 124 of 273 Page 125 of 273 Page 126 of 273 Page 127 of 273 Page 128 of 273 Page 129 of 273 Page 130 of 273 Page 131 of 273 Page 132 of 273 Page 133 of 273 Page 134 of 273 Page 135 of 273 Page 136 of 273 Page 137 of 273 Page 138 of 273 Page 139 of 273 Page 140 of 273 Page 141 of 273 PRF - Swings and Resurface Playground Final Audit Report 2025-02-13 Created:2025-02-12 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAqAqv35nNdinerAno98MQPVxGXgOCIB9E "PRF - Swings and Resurface Playground" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-02-12 - 7:42:33 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-02-12 - 7:42:58 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-02-12 - 8:54:30 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-02-12 - 9:24:08 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-02-12 - 9:24:10 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-02-13 - 3:27:33 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-02-13 - 3:33:10 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-02-13 - 3:33:12 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-02-13 - 7:08:10 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-02-13 - 7:09:27 PM GMT - Time Source: server Agreement completed. 2025-02-13 - 7:09:27 PM GMT Page 142 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1730 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting the procurement of two (2) sets of cutting units for reel mowers. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: To approve the procurement of two (2) sets of cutting units for reel mowers from Beard Equipment Co. on the Sourcewell Contract #112624-DAC for a cost not-to-exceed $40,014.56. Authorize Treasurer to transfer funds in the amount of $40,014.56 to Capital Purchases in FY25 Budget from Recreation expenses as follows - Equipment & Vehicle Repair ($18,193.39), General Maintenance ($15,821.17), Equipment Rental ($6,000.00) to fund this procurement. BACKGROUND INFORMATION: The Director of Parks and Recreation, Pat White, is requesting the procurement of two (2) sets of cutting units for reel mowers. The cutting units are on the Sourcewell Contract #112624-DAC for Deere & Company (John Deere) equipment with Beard Equipment Co. The cost is $20,007.28 each, or a total not-to-exceed cost of Forty Thousand Fourteen Dollars and Fifty-Six Cents ($40,014.56). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50470 Recreation - Purchases Equipment $0.00 $40,014.56 ($40,014.56) Authorize Treasurer to transfer funds within Recreation Department in FY25 Budget for this procurement as follows: General Fund: 001250-50470 (Recreation Capital Purchases - Equipment) $40,014.56 001250-50440 (Recreation - Equipment & Vehicle Repair) ($18,193.39) 001250-50360 (Recreation - General Maintenance) ($15,821.17) 001250-50520 (Recreation - Equipment Rental) ($6,000.00) Page 143 of 273 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 144 of 273 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the procurement of two (2) sets of cutting units for Reel Mowers that are on Sourcewell Contract #112624-DAC with Beard Equipment Co. for a cost not to exceed $40,014.56; and to authorize the Treasurer to transfer funds in the amount of $40,014.56 to Capital Purchases in FY25 Budget from Recreation expenses as follows - Equipment & Vehicle Repair ($18,193.39), General Maintenance ($15,821.17), Equipment Rental ($6,000.00) to fund this procurement. DULY ADOPTED ON THIS 25TH DAY OF AUGUST, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 145 of 273 Page 146 of 273 Page 147 of 273 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational -Budgeted Three Treasurer/Mayor Greater than: Gen Govt - $5,001 NON Required Required N/A N/A N/A N/A Required Required 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. Beard Equipment Click or tap here to enter text. Click or tap here to enter text. Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) SOURCEWELL #112624-DAC 1. What item or service do you need to purchase? 2 sets of cutting units for Reel Mowers 2. What is the total cost of the item or service? 40,014.56 3. How many do you need? 2 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. 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: 1250/50440 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 148 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1733 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: Resolution - That the City Council accepts the ADEM Recycle Fund Grant in the amount of $156,000 (ARF26-12-306) to purchase residential recycling carts and authorizes Mayor Sherry Sullivan to sign all necessary documents. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: Resolution BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $ GRANT: Alabama Department of Environmental Management Recycling Fund 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 149 of 273 RESOLUTION NO. ________ , as follows: [1] That the City Council accepts the ADEM Recycle Fund Grant in the amount of $156,000 (ARF26-12-306) to purchase residential recycling carts and authorizes Mayor Sherry Sullivan to sign all necessary documents. ADOPTED ON THIS 25TH DAY OF AUGUST, 2025 Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 150 of 273 Grant # ARF26-12-306 Grantee Initials _____________ Alabama Recycling Fund Grant Agreement Grantee:City of Fairhope Contact Person:George Ladd Address:555 S Section ST Fairhope, AL 36532 Email:george.ladd@fairhopeal.gov Telephone:(251) 928-8003 Responsible Person: Address: Email: Sherry Sullivan PO Box 429 Fairhope, AL 36533 sherry.sullivan@fairhopeal.gov (251) 928-8003 Grant reimbursements should be made payable to: City of Fairhope Grant reimbursements mailed to this address: PO Box 429 Fairhope, AL 36533 Grant Period:October 1, 2025 - September 30, 2026 Amount Awarded:$156,000.00 Semiannual Report Due Dates: 1st Semiannual Report Due: April 15, 2026 Final Semiannual Report Due: October 15, 2026 The Alabama Department of Environmental Management (ADEM) is the administrative agency for recycling projects approved for expenditure of funds under the Alabama Recycling Fund Grant Program. The Alabama Recycling Fund Grant Program is further defined in Chapter 335-13-10 of the Alabama Solid Waste Regulations. A maximum of $156,000.00 inclusive of all costs will be granted for this project to the City of Fairhope (hereinafter referred to as the Grantee) by ADEM (hereinafter referred to as Department). Reimbursement of expenditures will be limited to and in accordance with Page 151 of 273 Grant # ARF26-12-306 Grantee Initials _____________ the program budget submitted by the grantee and may be found as Attachment B of this Agreement. GENERAL REQUIREMENTS The Grantee is responsible for compliance with state and any applicable local Solid Waste Management Plans and regulations and requirements of Alabama Recycling Fund and completion of the activities in the Grant Application that was submitted by the Grantee, except as modified and superseded by this agreement. I. GENERAL PROJECT SUMMARY The City of Fairhope is requesting funding to purchase residential carts, expanding its curbside recycling program for more efficient collection. The City of Fairhope’s residential recycling will support the Baldwin County MRF providing more material for the MRF to process. A. MILESTONES/TIMELINE OF ACTIVITIES The grantee agrees to begin the implementation of the project during the grant period outlined in this agreement, conditional upon the grant agreement being signed and becoming a binding contract. B. REGIONAL PARTNERSHIPS If this grant agreement involves multiple entities as the grantee, written agreements including those concerning grant funds, revenue disbursement, and the responsibilities of each entity shall be required. All such agreements are binding as if incorporated herein. II. BUDGET AND EXPENDITURES The approved project budget and maximum reimbursable expenditures are further detailed in Attachment B of this Agreement. Any exceptions must be attached to this Agreement as an amendment which has been signed by the Department and Grantee. The approved budget is further categorized as follows: Itemized Budget Residential Carts $156,000.00 Categorized Budget Infrastructure (equipment, buildings, land, etc.)$156,000.00 Personnel (salaries, benefits, etc.)$0.00 Education (materials, radio/TV, hand-outs, etc.)$0.00 Professional Services (consultants, engineering, planning) $0.00 Total Budget $156,000.00 Page 152 of 273 Grant # ARF26-12-306 Grantee Initials _____________ A. ALLOWABLE COSTS Expenditures shall be limited to the allowable costs as stated in this agreement and in accordance with the Alabama Recycling Fund Grants Program as stated in Chapter 335- 13-10. The Grantee shall not retain any grant funds in excess of actual Recycling Program expenses. B. REVENUE DISBURSEMENT Funds will be reimbursed to the responsible official as indicated on page 1 of this agreement unless otherwise stated below. ___________________________________ ___________________________________ C. REIMBURSEMENT To receive reimbursement, records to include receipts, proof of payment (cancelled checks and/or credit card statements), and invoices shall be submitted with each semiannual report. All reimbursement requests shall be signed by the responsible official as indicated on page 1 unless otherwise specified herein. All requests for advance funds shall be made to and approved by the Department before purchasing. Reimbursement for any purchases or agreement to purchase made prior to the effective date of this grant agreement without prior written approval may be determined to be ineligible for reimbursement. All requests for reimbursement must be submitted with the semiannual report received by October 15. The Department, at its sole discretion, may request additional justification or documentation relating to any expenditure of grant funds. If this grant agreement includes the disbursement of funds for any purpose as may be deemed operating subsidies by the Department, the grantee shall provide to the Department, in the form of a written report submitted within one (1) year of grant execution, documentation that such subsidies will no longer be required from any future Alabama Recycling Fund Grant or Fund disbursement. D. SWMP CONSISTENCY If the Grantee has been awarded funding to revise a Solid Waste Management Plan (SWMP), the SWMP must first be revised and approved by the Department before reimbursement will be made for any other activities associated with this agreement. III. AMENDMENTS Any amendments or modifications to this grant agreement must be submitted no later than August 1st of the grant period by the listed responsible official and be approved by the Department in writing before becoming effective. Any and all amendments shall be as if incorporated herein. Page 153 of 273 Grant # ARF26-12-306 Grantee Initials _____________ IV. REPORTING REQUIREMENTS The grantee shall provide the Department semiannual reports as required by Attachment A: Scope of Services and shall comply with requests for information as the Department may require in order to fulfill the requirements of this agreement and applicable regulations regarding Alabama Recycling Fund Grants and recycling facility (materials recovery facility and recovered materials processing facility) regulations contained in Code of Alabama 335-13-10. V. EVALUATION METHOD The Grantee will evaluate the overall project as detailed in the Scope of Services. Such evaluations shall be reported in semi-annual and/or final reports submitted to the Department and are conditional for continued reimbursement as detailed in this Agreement. VI. RETENTION OF DOCUMENTS Department personnel will monitor the implementation and timeline of activities and expenditures covered under this agreement. All documents related to this agreement including requests for proposals, invoices, contractual agreements, reports, approvals and correspondence with the Department associated with this agreement must be kept updated and readily accessible to Department staff for at least five (5) years from the execution of the grant agreement and as otherwise required herein. Copies of records shall also be included with each semi-annual report submitted by the Grantee. VII. FAILURE TO COMPLY The Department may terminate a grant award in whole or in part and demand refund of grant funds when there is substantial non-compliance with the terms of the award or these rules, a determination made by the Department that the grant was obtained by fraudulent means, found that grant monies have been used for non-allowable costs, or a determination made by the Department that gross abuse or corrupt practices have been used in the administration of the grant project by the Grantee. The Department shall give written notice to the Grantee (via certified mail, return receipt requested) of its intent to terminate a Fund grant, in whole or in part, at least 30 days prior to the intended date of termination. The Department shall afford the Grantee an opportunity for consultation prior to any termination. After such opportunity for consultation, the Department may, in writing (via certified mail, return receipt requested) terminate the Fund in whole or in part. Such action may also result in the Department declaring the Grantee ineligible for further participation in the program until the Grantee complies with the terms of the grant agreement. VIII. PROMOTIONAL, EDUCATIONAL AND OTHER MATERIALS A copy of promotional and educational materials developed as part of this agreement shall be submitted electronically to the Department prior to public distribution. The Department shall have the right to use any printed materials developed as part of this agreement in any manner the Department deems appropriate. The use of grant funds provided through this agreement utilized for the development and or publication of promotional, educational, and other materials shall cause the same to include the Department logo and the following Page 154 of 273 Grant # ARF26-12-306 Grantee Initials _____________ statement, “This project was funded or partially funded by the Alabama Department of Environmental Management through a grant from the Alabama Recycling Fund.” Such materials shall be maintained by the grantee according to requirements for document retention included herein. Such materials may also not be copyrighted or reserved in any manner. IX. COMPLIANCE WITH RELEVANT LAWS The Recipient agrees to comply with all relevant federal, state, and local laws, ordinances or other requirements in the design, construction and operation of the facility, to specifically include environmental regulations. The Recipient shall comply with Affidavit and E-Verify requirements for Ala. Code §§ 31-13-9(a) and (b). Continued, substantial non-compliance may be considered as a failure to comply and result in termination of this agreement for cause. The Recipient is also subject to all provisions of the ADEM Administrative Code, the Solid Waste and Materials Management Act (SWRMMA), and other applicable requirements. Page 155 of 273 Grant # ARF26-12-306 Grantee Initials _____________ STATE OF ALABAMA ) ) MONTGOMERY COUNTY ) This Agreement is entered into between the City of Fairhope (Grantee) and the Alabama Department of Environmental Management (Department) pursuant to an appropriation from the Alabama Recycling Fund (Fund). This Agreement will provide for a recycling project in Baldwin County, Fairhope, AL. The parties hereto agree as follows: 1. Scope of Services The Grantee will provide services as set out in the Scope of Services, which is included with this Agreement as Attachment A and which is incorporated as if fully set out herein. 2. Payment A. The Department agrees to reimburse the Grantee an amount not to exceed $156,000.00 for the services performed under this Agreement. Unless otherwise specified in the workplan, any mileage, travel and per diem costs identified in the budget located herein will be reimbursed in accordance with state law. B. Unless pre-approved by the Department, the Grantee shall submit invoices not more than once per semi-annual period and in conjunction with the semi- annual report to the Department for actual cost(s) incurred. The final invoice shall be submitted by October 15, 2026 . C. Prior to the purchase of any items or the execution of any printing contracts under this agreement with a value less than $1,000.00, one quote or attempt for a quote of outside costs, including but not limited to copying costs and freight terms, must be obtained. For items with a value from $1,000.00 to $3,000.00, two such quotes or attempts for quotes must be obtained. For items with a value greater than $3,000.00, three such quotes or attempts for quotes must be obtained. The purchase of any items or the execution of any contract shall comply with the Alabama Bid Laws Sections 41-16-20 et. Seq. of the Code of Alabama (1975). 3. Term of Agreement All work performed under this Agreement shall begin on the date on which this Agreement is executed unless previously approved by the Department, and shall terminate 12 months from the date of execution unless extended by the Department. This Agreement is conditioned upon the receipt of sufficient funds from the Fund and is subject to termination in the event of proration of the Fund. If the term of this Agreement extends beyond one fiscal year, this Agreement is subject to termination in the event that funds are not appropriated for the continued payment of the contract in subsequent fiscal years. This Agreement may be amended by the mutual written agreement of both parties but under no Page 156 of 273 Grant # ARF26-12-306 Grantee Initials _____________ circumstances shall the expiration date be extended or the contract amount be increased without approval in accordance with Section 29-2-41 Code of Alabama 1975. 4. Termination of Agreement for Cause If, through any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or if the Grantee shall violate any of the covenants, agreements or stipulations of this Agreement, the Department shall thereupon have the right to terminate this Agreement by giving written notice to the Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In that event, any finished or unfinished studies, reports or other work by the Grantee shall, at the option of the Department, become its property and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed under this Agreement. 5. Termination for Convenience of the Department The Department may terminate this Agreement at any time by giving written notice to the Grantee of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination and under the same conditions as herein set forth for the Department, the Grantee may cancel this Agreement. In the event of cancellation, all finished or unfinished studies, reports or other work by the Grantee shall, at the option of the Department, become its property. If the Agreement is terminated by the Department as provided herein, the Grantee shall be paid for all work satisfactorily completed prior to termination. 6. Changes The Department may, from time to time, require changes in the Scope of Services of the Grantee to be performed hereunder. Such changes, including any increases or decreases in the amount of the Grantee’s compensation, which are mutually agreed upon by and between the Department and the Grantee shall be incorporated in written amendments to this Agreement. 7. Title VI and Equal Employment Opportunity The Grantee will comply with Title VI of the Civil Rights Act of 1964 (88- 352) to the end that in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this Agreement. There shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any applicant for such employment, because of race, color, religion, sex, national origin, age or disability covered by the Americans with Disabilities Act. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Grantee shall insert a similar provision in all subagreements for services covered by this Agreement. Page 157 of 273 Grant # ARF26-12-306 Grantee Initials _____________ 8. Interest of Members of the Department and Others No officer, member or employee of the Department and no members of the Environmental Management Commission, and no other public official of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 9. Assignability The Grantee shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Department. 10. Findings Confidential Any reports, information, data, etc., given to or prepared or assembled by the Grantee under this Agreement which the Department requests to be kept as confidential shall not be made available to any individual or organization by the Grantee without the prior written approval of the Department, unless such confidentiality would be contrary to the law of the State of Alabama or the United States. 11. Acknowledgment Videos, films, electronic files, printed information or other materials produced for dissemination under this agreement must include the Department’s logo, prominently displayed, along with the following acknowledgment: “This project was funded or partially funded by the Alabama Department of Environmental Management through a grant from the Alabama Recycling Fund.” 12. Reproducible Materials Any printed information, photographs or art works delivered to the Department under this agreement shall be camera ready and/or computer ready as appropriate. The master tape of any video or audio productions will be delivered to the Department in an immediately reproducible form. Any computer program generated under this agreement will be delivered to the Department in an original and immediately reproducible form. 13. Officials Not to Benefit No member of or delegate to the Congress of the United States of America, and no resident commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. Page 158 of 273 Grant # ARF26-12-306 Grantee Initials _____________ 14. Copyright No reports, maps, or other documents or products produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Grantee. 15. Audits and Access to Records The Contractor agrees to abide by the requirements of the federal Single Audit Act and OMB’s Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (commonly called Uniform Guidance). When financial statements are prepared and an audit is performed as a result of OMB Uniform Guidance requirements the Contractor shall provide the Department with a copy of its audit report covering the period of this contract within thirty (30) days of receipt by the Contractor of the auditor’s report. If OMB Uniform Guidance is applicable the Contractor agrees that the Comptroller General of the United States or any of his/her duly authorized representatives, the Secretary of Commerce or any of his/her duly authorized representatives, the Director of ADEM or any of his/her duly authorized representatives, and the Chief Examiner of the Department of Examiners of Public Accounts and any of his/her duly authorized representatives shall, until the expiration of three (3) years from the date of submission of the final financial report, have access to and the right to audit, examine, and make excerpts or transcripts from any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Agreement. The Contractor agrees to provide access to any or all documents, papers, records and directly pertinent books of the Contractor involving transaction related to this Agreement upon written request from the Director of ADEM. 16. Taxes The Grantee is responsible for reporting and making payment of any applicable federal and state taxes which may be due as a result of payments received pursuant to this Agreement. 17. Grantee Not Entitled to Merit System Benefits In the case of Non-State Agencies under no circumstances shall the Grantee or any of its employees be entitled to receive the benefits granted to State employees under the Merit System Act by reason of this Agreement unless otherwise provided by law. 18. Not to Constitute a Debt of the State/Settlement of Claims It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this Agreement shall contravene any statute or Constitutional provision or amendment, either now in effect or which may, during the course of this Agreement, be enacted, then the conflicting provision in the Agreement shall be deemed null and void. The Grantee’s sole remedy for the settlement of any and all disputes arising under the terms of this agreement shall be limited to the filing of a claim with the Board of Page 159 of 273 Grant # ARF26-12-306 Grantee Initials _____________ Adjustment for the State of Alabama. For any disputes arising under the terms of this Agreement, the parties hereto agree, in compliance with the recommendations of the Governor and Attorney General, when considering settlement of such disputes, to utilize appropriate forms of non-binding alternative dispute resolution including, but not limited to, mediation by and through the Attorney General’s Office of Administrative hearings or where appropriate, private mediators. 19. Alternative Dispute Resolution In the event of any dispute between the parties, senior officials shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail and the dispute involves the payment of money, a party’s sole remedy is the filing of a claim with the Board of Adjustments of the State of Alabama. For any and all other disputes arising under the terms of this contract which are not resolved by negotiation, the parties agree to utilize appropriate forms of non- binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama, utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center for Dispute Resolution of the Alabama State Bar. 20. Requisite Reviews and Approvals The Grantee acknowledges and understands that this Agreement is not effective until it has received all requisite state government approvals and shall not begin performing work under this Agreement until notified to do so by the Alabama Department of Environmental Management. 21. Immigration Status. By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. 22. Prohibition against Boycotting by Contractors In compliance with Act 2016-312, the Contractor hereby certifies that it is not currently engaged in, and will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which this State can enjoy open trade. 23. No Funds for Lobbying Cause No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of Page 160 of 273 Grant # ARF26-12-306 Grantee Initials _____________ any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,” Disclosure Form to Report Lobbying,” in accordance with its instructions. 24. Economic Boycott “In compliance with Ala. Act No. 2023-409, by signing this contract, Contractor provides written verification that Contractor, without violating controlling law or regulation, does not and will not, during the term of the contract engage in economic boycotts as the term “economic boycott” is defined in Section 1 of the Act.” CITY OF FAIRHOPE By:____________________________ Sherry Sullivan Mayor ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT By:____________________________ Edward F. Poolos Director _______________________________ As to Legal Form IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on this the __________ day of ______________, __________. Digitally Signed By Jeff Kitchens 08/12/2025, 01:06 Page 161 of 273 Grant # ARF26-12-306 Grantee Initials _____________ ATTACHMENT A SCOPE OF SERVICES Upon the effective date of Agreement signature, the City of Fairhope (Grantee), agrees to effectively and expeditiously facilitate the following Scope of Services: 1.The Grantee will follow and abide by the Agreement as approved or amended. The Grantee will obtain permission from the Department for project related changes or modifications, revisions, and/or amendments to the latest approved agreement prior to expenditure of funds. 2.No deviations from the approved project budget or expenditure of funds other than for the purposes stated in the latest approved agreement are authorized without prior approval from the Department. 3.All funded project reports and financial records will be maintained by the recipient and made available for review and disclosure for a minimum of five years following the grant closeout. 4.The Grantee will ensure that a designated representative attends a mandatory training session conducted by the Department prior to the start of the grant period. Participation in this training must be completed before grant activities or spending commence. The mandatory training will be available for two sessions, in-person or online. 5.The Grantee will submit the first semiannual report to the Department on April 15th. A comprehensive final semiannual report to include an Executive Summary (generalized project summary) will be submitted by the Grantee to the Department by October 15th. All project outputs and deliverables must be completed by the project end date, September 30th. These semi-annual reports will, at a minimum, include: •The status/outcome of each project objective and milestone per project application agreement •Expenditures of any ARF funds and local funds (documentation for local funds is not required). Required documents needed for ARF grant reimbursements shall include invoices, receipts, proof of payment (cancelled checks and/or credit card statements), and any additional documentation the Department deems necessary. Page 162 of 273 Grant # ARF26-12-306 •Quantity of recyclable materials collected by material type with out-of- state generated materials reported separately from in-state •Price(s) received for marketed recyclables by material type •Destination of marketed materials, •Documented increase in collections and participation (tonnage prior to implementation vs. tonnage at project completion) •If asking for education and outreach funding, include a description of any education or public outreach components and an explanation of how the educational component will directly promote the use of existing or planned local recycling projects. •Location/addresses of public recycling bins/containers (lat/long if available) 6.If estimation is utilized in providing data, the method of estimation shall also be included in each semi-annual report. Reports shall not be inconsistent with accounting and record-keeping methods such entities may be required to follow by the Alabama Department of Examiners of Public Accounts. 7.Project related videos, films, computer disks, printed information, and other products or materials produced using Alabama Recycling Grant funds must include the Department logo, prominently displayed, along with the following prominently and conspicuously displayed acknowledgement language: “This project was funded or partially funded by the Alabama Department of Environmental Management through a grant from the Alabama Recycling Fund.” 8.All education and training related videos, films, computer diskettes, manuals, brochures, and other products and material outputs/deliverables produced will be submitted by the Grantee in Draft form to the Department for review and approval prior to additional grant funds being expended for Final deliverable/output products to be printed, produced, copied, or disseminated. 9.The Grantee agrees to submit at least one project description or project status news article for distribution to local area newspapers or to various other local public media for potential publication or dissemination in any manner as the Department may determine. 10.The Grantee agrees to submit a public outreach opportunity/event that will engage and educate citizens on recycling efforts in their locality for collaboration with the Department. The Department will retain the option to attend the proposed event. This proposal must be submitted through the AEPACS Portal no later than December 31, 2025. If further time is needed an extension may be requested no later than December 31, 2025, and must include details as to why the request is needed. 11.New recycling programs must be registered to report as determined by the Department, if applicable and directed to do so by the Department. Existing recycling programs must Page 163 of 273 Grant # ARF26-12-306 be registered to report as determined by the Department, if applicable and directed to do so by the Department. 12.The Grantee has the option to receive a $1,000.00 grant for development of a sustainable and efficient scrap tire recycling plan. The plan should include plans for a secure public drop-off location and subsequent scrap tire management for individuals to drop-off 8 or less tires at a time. This service is for individuals only and not for tire retail businesses or other scrap tire transporters, receivers or processors. The Department will grant up to $1,000.00, from the Scrap Tire Marketing Program, for implemented plans that are determined by the Department to be efficient and sustainable. At a minimum, the plan should contain the following: •A description of the tire handling, storage and/or processing that will be conducted at the facility, together with a description of the subsequent disposition of scrap tires and scrap tire materials, and other information necessary to explain the recycling program; •Facility design plans including drawings of all buildings, equipment, receiving and storage areas; •Operational Plan, to include a narrative of operational procedures including methods of receiving, storing, processing and shipping tires; •Vector Control Plan; •Emergency Response Plan; and •Location maps. 13.The Grantee must have an established account on the Alabama Environmental Permitting and Compliance System (AEPACS). 14.The Grantee agrees to comply with all requirements and conditions specified in local, state, or federal rules, regulations, laws or ordinances. Grant funding for this project is, at a minimum, subject to Alabama Recycling Fund Grant Regulations contained in ADEM Administrative Code 335-13-10. 15.The Grantee will inform the Department as soon as problems, delays, or adverse conditions become known which will materially impair the ability to complete this Agreement, or to meet outputs/outcomes/milestones specified in this Agreement, for the duration of the Agreement. 16.Property (equipment greater than $5,000 cost) that is purchased in whole or in part with grant funds must be properly managed and used solely for recycling purposes (e.g. inventory, control system, maintenance, storage, etc.,) for at least five years. Page 164 of 273 Grant # ARF26-12-306 ATTACHMENT B Residential Carts $156,000.00 Page 165 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1706 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 the installation of a 16-Inch Water Transmission Main along Highway 181 and Gayfer Road. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-051 Highway 181 and Gayfer Road 16-Inch Water Transmission Main to Hemphill Construction Co. for a not-to-exceed amount of $4,257,396.00. BACKGROUND INFORMATION: A service bid was issued on June 13, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Seven (7) responsive bids and one (1) non- responsive bid were received at the bid opening on July 17, 2025 at 2:00 p.m. The Superintendent of Water/Wastewater recommends the award be made to Hemphill Construction Co. Their low bid price for the Lump Sum Cost plus Bid Alternate #1 was as follows: Lump Sum Price (Base Bid): $4,257,396.00 Bid Alternate #1 (Screened Porch Addition): $0 Their low bid response price for the Base Bid plus the Bid Alternate #1 was Four Million Two Hundred Fifty-Seven Thousand Three Hundred Ninety-Six Dollars ($4,257,396.00). Previous Council Action: Resolution No. 5291-24 Adopted by Council December 09, 2024, authorized engineering fees for this project in the not-to-exceed amount of $320,000.00. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010-Water - System $3,480,000.00 $4,257,396.00 ($777,396.00) Page 166 of 273 59500-70 Improvement Distribution Total project amount budgeted FY25 is $3,800,000.00 less $320,000.00 for engineering costs. 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 167 of 273 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-051) Highway 181 and Gayfer Road 16-Inch Water Transmission Main for the City of Fairhope Water/Wastewater Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid No. 25-051) Highway 181 and Gayfer Road 16-Inch Water Transmission Main [3] After evaluating the bid proposals with the required bid specifications, Hemphill Construction Co. is now awarded (Bid No. 25-051) Highway 181 and Gayfer Road 16-Inch Water Transmission Main for the City of Fairhope Water/Wastewater Department with a bid proposal not-to-exceed $4,257,396.00. . ADOPTED ON THIS 25TH DAY OF AUGUST, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 168 of 273 July 18, 2025 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL Re: Bid No. 25-051 – Highway 181 and Gayfer Road 16-inch Water Transmission Main Contract No. 24305 Dear Daryl: Eight (8) bids were received for the above-referenced project at 2:00 P.M., local time on July 17, 2025. The order of the bids received, beginning with the low bidder, was as follows: Contractor Base Bid Deductive Alternate A1 Total Amount of Base Bid Including A1 Centerline Contracting, Inc. $3,782,278.60 $488,983.50 $3,293,295.10 Hemphill Construction Co. $4,257,396.00 $0.00 $4,257,396.00 W. R. Mitchell, Contractor, Inc. $4,501,985.40 $20,250.00 $4,481,735.40 S J & L Inc. $4,403,260.40 $122,985.00 $4,280,275.40 TAKCO Construction $4,641,260.50 $675.00 $4,640,585.50 L&K Contracting Co., Inc. $4,650,839.00 $40,500.00 $4,610,339.00 Rast Construction, Inc. $5,028,600.50 $74,250.00 $4,954,350.50 Norris Bros Excavating, LLC $8,034,543.83 $1,620,000.00 $6,414,543.83 A certified copy of the bid tabulation is attached. The bid summary above indicates that Centerline Contracting, Inc. (CCI) was the apparent low bidder. However, numerous errors in their bid form resulted in an unbalanced bid. These are summarized as follows: • Deductive Alternate A1 was listed as a deductive change only. The amount deducted appeared to be excessive. Therefore, Krebs contacted CCI, and it was stated that this was intended to be an addition to their bid amount, not a deduction. • The Contract Documents limited the mobilization to five (5) percent of the total bid amount. However, the total listed in their bid exceeds this percentage. Additionally, Krebs contacted the references provided by CCI. Two (2) of the references with active projects noted issues with the quality of their work and the inability to construct the project within the required project schedule. Based on this, Krebs recommends that the City of Fairhope (City) not accept CCI’s bid and move to the next low bidder. We have reviewed the bid package information and determined that Hemphill Construction Company (Hemphill) has met the requirements of the low, responsive, responsible bidder as outlined in the Instructions to Bidders. Krebs also understands that Hemphill has performed projects of similar scope for the City and has the experience, equipment, and financial resources required to perform the project. Therefore, Krebs Engineering, Inc., Page 169 of 273 Mr. Daryl Morefield July 18, 2025 Page 2 recommends that the City award the above-referenced project to Hemphill Construction Company for the low tendered amount of $4,257,396.00. Please feel free to contact us if you have questions or comments. Sincerely yours, Krebs Engineering, Inc. By____________________________ D. Robert Vaughan, P.E. Associate cc: Caleb Leach Krebs File No. 24305 Page 170 of 273 JOB NO.: 24305 DATE: JULY 17, 2025, 2:00 PM, LOCAL TIME OWNER: CITY OF FAIRHOPE Item No.Approx Quantities Description of Item Units Unit Price Total Price for Item Unit Price Total Price for Item Unit Price Total Price for Item Unit Price Total Price for Item 1 1 Mobilization/Demobilization, Not to Exceed 5% of Total Bid Lump Sum LS $191,880.00 * $189,113.93 $55,767.58 $55,767.58 $353,955.76 $100,000.00 $100,000.00 2 1 Erosion and Sediment Control Lump Sum LS $21,060.00 $10,220.39 $10,220.39 $100,000.00 $60,000.00 $60,000.00 3 1 Traffic Control Lump Sum LS $16,438.50 $11,826.62 $11,826.62 $75,000.00 $15,000.00 $15,000.00 4 2080 24” D.I. Pipe, CL. 200, P-O Joint w/ Restraining Gaskets, Furnished and Installed, Per Linear Foot LF $283.87 $309.38 $643,510.40 $500.00 $350.00 $728,000.00 5 6080 16” D.I. Pipe, CL. 250, P-O Joint w/ Restraining Gaskets, Furnished and Installed, Per Linear Foot LF $219.75 $212.28 $1,290,662.40 $350.00 $250.00 $1,520,000.00 6 88 16" D.I. Pipe Open Cut Encased Roadway Crossing, Line 1, STA. 08+97 to 09+85, Per Linear Foot LF $456.86 $1,149.15 $101,125.20 $450.00 $500.00 $44,000.00 7 45 16" D.I. Pipe Open Cut Encased Roadway Crossing, Line 1, STA. 26+23 to 26+68, Per Linear Foot LF $458.35 $1,205.66 $54,254.70 $450.00 $500.00 $22,500.00 8 850 16” DR11/DIPS HDPE Pipe, Horizontal Directional Drill, Line 1, STA. 29+10 to 36+47 Per Linear Foot LF $225.61 $348.09 $295,876.50 $1,200.00 $460.00 $391,000.00 9 33 16" D.I. Pipe Open Cut Encased Roadway Crossing, Line 1, STA. 51+58 to 51+91, Per Linear Foot LF $1,354.72 $1,189.34 $39,248.22 $450.00 $570.00 $18,810.00 10 400 16” DR11/DIPS HDPE Pipe, Horizontal Directional Drill, Line 1, STA. 58+00 to 62+00 Per Linear Foot LF $224.11 $355.88 $142,352.00 $1,200.00 $410.00 $164,000.00 11 300 16” DR11/DIPS HDPE Pipe, Horizontal Directional Drill, Line 1, STA. 66+90 to 69+90 Per Linear Foot LF $224.34 $355.15 $106,545.00 $1,200.00 $425.00 $127,500.00 12 300 16” DR11/DIPS HDPE Pipe, Horizontal Directional Drill, Line 1, STA. 72+00 to 75+00 Per Linear Foot LF $224.34 $355.15 $106,545.00 $1,200.00 $425.00 $127,500.00 13 85 24" D.I. Pipe Jack & Bore Highway Crossing, Line 2, STA. 00+35 to 01+20, Per Linear Foot LF $1,519.99 $1,507.62 $128,147.70 $450.00 $1,400.00 $119,000.00 14 55 24" D.I. Pipe Open Cut Encased Roadway Crossing, Line 1, STA. 80+33 to 80+88, Per Linear Foot LF $596.69 $1,538.90 $84,639.50 $550.00 $500.00 $27,500.00 15 42 24" D.I. Pipe Open Cut Encased Roadway Crossing, Line 2, STA. 11+77 to 12+19, Per Linear Foot LF $620.85 $1,552.89 $65,221.38 $550.00 $560.00 $23,520.00 16 31000 Ductile Iron Fittings, Furnished and Installed, Per LBS LBS $1.23 $7.50 $232,500.00 $8.00 $7.00 $217,000.00 17 8 MJ-HDPE Adaptors, Furnished and Installed, Per Each EA $919.36 $813.23 $6,505.84 $1,500.00 $850.00 $6,800.00 18 6 24” D.I. Butterfly Valves, MJ-MJ, Furnished and Installed, Per Each EA $13,619.24 $24,316.18 $145,897.08 $27,500.00 $17,000.00 $102,000.00 19 10 16” D.I. Butterfly Valves, MJ-MJ, Furnished and Installed, Per Each EA $7,519.57 $12,860.16 $128,601.60 $24,000.00 $10,000.00 $100,000.00 20 2 2” Air Release Valves, Furnished and Installed, Per Each EA $2,781.21 $9,345.33 $18,690.66 $6,800.00 $8,400.00 $16,800.00 21 3 Fire Hydrant Assemblies Furnished and Installed Per Each EA $10,988.99 $8,551.23 $25,653.69 $7,800.00 $15,000.00 $45,000.00 * Asterisk denotes corrected value due to mathematical error on bid form. $44,705.76 $89,644.00 $67,302.00 $67,302.00 $129,199.15 $32,817.95 $26,075.70 $38,130.00 $7,354.88 KREBS ENGINEERING, INC. 2100 RIVER HAVEN DRIVE BIRMINGHAM, AL 35244 205-987-7411 $81,715.44 $75,195.70 $5,562.42 $32,966.97 DESCRIPTION: BID No. 25-051 - HIGHWAY 181 AND GAYFER ROAD 16- INCH WATER TRANSMISSION MAIN $353,955.76 $100,000.00 $75,000.00 $1,040,000.00 $2,128,000.00 $39,600.00 $20,250.00 $1,020,000.00 $21,060.00 $16,438.50 $590,449.60 $1,336,080.00 $40,203.68 $20,625.75 $191,768.50 2901 Shannon Oxmoor Rd. Rast Construction, Inc. 48835 49033 Tuscaloosa, AL 35453Tuscaloosa AL-35401 Crossville, TN 38571 49203 5800 old Montgomery Hwy.2123 9th Street Norris Bros. Excavating, LLC 22 Northside Lane Tacko ConstructionCenterline Contracting $14,850.00 $480,000.00 $360,000.00 $360,000.00 $38,250.00 9554 Birmingham, AL-35211 $30,250.00 $23,100.00 $248,000.00 $12,000.00 $165,000.00 $240,000.00 $13,600.00 $23,400.00 Page 171 of 273 22 2 Connection to Existing System, Furnished and Installed, Per Each EA $2,925.00 $5,195.07 $10,390.14 $15,000.00 $8,800.00 $17,600.00 23 1 16"x16” D.I. Tapping Sleeve & Valve, Furnished and Installed, Per Each EA $26,511.79 $39,305.45 $39,305.45 $32,000.00 $34,000.00 $34,000.00 24 1 24”x24" D.I. Tapping Sleeve & Valve, Furnished and Installed, Per Each EA $66,999.86 $83,689.82 $83,689.82 $27,000.00 $70,000.00 $70,000.00 25 75 Asphalt Roadway Repair, Furnished and Installed, Per Square Yard SY $565.58 $711.80 $53,385.00 $200.00 $200.00 $15,000.00 26 150 Concrete Driveway Repair, Furnished and Installed, Per Square Yard SY $149.18 $372.13 $55,819.50 $200.00 $225.00 $33,750.00 27 200 Asphalt Driveway Repair, Furnished and Installed, Per Square Yard SY $149.18 $315.28 $63,056.00 $200.00 $250.00 $50,000.00 28 75 Concrete Curb & Gutter Replacement Furnished and Installed, Per Linear Foot LF $97.70 $57.16 $4,287.00 $300.00 $50.00 $3,750.00 29 20 Concrete Endwall Replacement, Furnished and installed, Per Cubic Yard CY $513.63 $637.56 $12,751.20 $1,200.00 $650.00 $13,000.00 30 60 Replace 13.5" x 22” Arch Pipe RCP Culvert w/Conc. End Walls, Furnish and Install, Per Linear Foot LF $121.39 $151.66 $9,099.60 $350.00 $240.00 $14,400.00 31 275 Replace 18” RCP Culvert, Furnish and Install, Per Linear Foot LF $78.39 $118.23 $32,513.25 $225.00 $115.00 $31,625.00 32 90 15” CPP Culvert, Furnish and Install, Per Linear Foot LF $78.39 $123.53 $11,117.70 $200.00 $110.00 $9,900.00 33 40 26” x 43" RCP Culvert, Furnish and Install, Per Linear Foot LF $121.39 $261.38 $10,455.20 $450.00 $375.00 $15,000.00 34 3 Tree Replacement, Furnished and Installed, Per Each EA $9,945.00 $2,091.28 $6,273.84 $1,500.00 $2,500.00 $7,500.00 35 1 Restoration, Seeding and Grassing Lump Sum LS $26,325.00 $21,508.86 $21,508.86 $100,000.00 $230,000.00 $230,000.00 36 1 Record Survey, Prepared and Submitted, Lump Sum LS $17,550.00 $111,883.71 $111,883.71 $75,000.00 $50,000.00 $50,000.00 37 1 10% Contingency (Sum Items 1-36 and multiply by 10%)LS $349,746.00 * $343,253.26 $421,932.77 $421,932.77 $42,895.58 * $730,413.07 $457,145.50 $457,145.50 Total Amount of Base Bid * $3,773,019.79 $4,641,260.50 * $8,034,543.83 $5,028,600.50 ALTERNATES Item No. Quantity Alternate Description Units Unit Price Unit Price Total Deduct Price For Item Unit Price Total Deduct Price For Item Unit Price Total Deduct Price For Item A1. 1350 Horizontal Directional Bores Under Driveways: Contractors cost savings for furnishing and installation of 16" HDPE DR11 pipe between STA. 2+10 and STA. 14+60 in lieu of open cutting driveways and side streets. Horizontal Directional Bores must be a minimum of 300 linear feet in length each. The contractor is responsible for all additional fittings and adapters required for transitions between HDPE and Ductile Iron. Should the Owner choose this Alternate, The Total Deduct Price amount specified will be deducted from the Base Bid amount. LF $362.21 $0.50 $675.00 $1,200.00 $55.00 $74,250.00 Total Amount of Base Bid Less Deduct $4,640,585.50 $4,954,350.50 $17,550.00 $488,983.50 $3,284,036.29 $22,500.00 $100,000.00 $29,836.00 $7,327.50 $10,272.60 $7,283.40 $21,557.25 $7,055.10 $4,855.60 $29,835.00 $26,325.00 $5,850.00 $26,511.79 $66,999.86 $42,418.50 $22,377.00 $75,000.00 $24,000.00 $21,000.00 $61,875.00 $18,000.00 Total Deduct Price For Item $30,000.00 $32,000.00 $27,000.00 $15,000.00 $30,000.00 $40,000.00 $18,000.00 $4,500.00 $1,620,000.00 $6,414,543.83 Page 172 of 273 JOB NO.: 24305 DATE: JULY 17, 2025, 2:00 PM, LOCAL TIME OWNER: CITY OF FAIRHOPE Item No.Approx Quantities Description of Item Units Unit Price Unit Price Total Price for Item Unit Price Total Price for Item Unit Price Total Price for Item 1 1 Mobilization/Demobilization, Not to Exceed 5% of Total Bid Lump Sum LS $94,188.00 $215,000.00 $215,000.00 $185,000.00 $210,000.00 $210,000.00 2 1 Erosion and Sediment Control Lump Sum LS $46,066.00 $37,000.00 $37,000.00 $35,000.00 $20,755.00 $20,755.00 3 1 Traffic Control Lump Sum LS $81,845.00 $28,000.00 $28,000.00 $100,000.00 $75,000.00 $75,000.00 4 2080 24” D.I. Pipe, CL. 200, P-O Joint w/ Restraining Gaskets, Furnished and Installed, Per Linear Foot LF $324.00 $325.00 $676,000.00 $315.00 $306.00 $636,480.00 5 6080 16” D.I. Pipe, CL. 250, P-O Joint w/ Restraining Gaskets, Furnished and Installed, Per Linear Foot LF $228.00 $245.00 $1,489,600.00 $213.00 $209.00 $1,270,720.00 6 88 16" D.I. Pipe Open Cut Encased Roadway Crossing, Line 1, STA. 08+97 to 09+85, Per Linear Foot LF $364.00 $485.00 $42,680.00 $545.00 $635.00 $55,880.00 7 45 16" D.I. Pipe Open Cut Encased Roadway Crossing, Line 1, STA. 26+23 to 26+68, Per Linear Foot LF $363.00 $485.00 $21,825.00 $545.00 $665.00 $29,925.00 8 850 16” DR11/DIPS HDPE Pipe, Horizontal Directional Drill, Line 1, STA. 29+10 to 36+47 Per Linear Foot LF $201.00 $215.00 $182,750.00 $255.00 $350.00 $297,500.00 9 33 16" D.I. Pipe Open Cut Encased Roadway Crossing, Line 1, STA. 51+58 to 51+91, Per Linear Foot LF $415.00 $510.00 $16,830.00 $545.00 $800.00 $26,400.00 10 400 16” DR11/DIPS HDPE Pipe, Horizontal Directional Drill, Line 1, STA. 58+00 to 62+00 Per Linear Foot LF $210.00 $215.00 $86,000.00 $255.00 $350.00 $140,000.00 11 300 16” DR11/DIPS HDPE Pipe, Horizontal Directional Drill, Line 1, STA. 66+90 to 69+90 Per Linear Foot LF $215.00 $215.00 $64,500.00 $255.00 $350.00 $105,000.00 12 300 16” DR11/DIPS HDPE Pipe, Horizontal Directional Drill, Line 1, STA. 72+00 to 75+00 Per Linear Foot LF $215.00 $215.00 $64,500.00 $255.00 $350.00 $105,000.00 13 85 24" D.I. Pipe Jack & Bore Highway Crossing, Line 2, STA. 00+35 to 01+20, Per Linear Foot LF $1,230.00 $795.00 $67,575.00 $782.00 $1,400.00 $119,000.00 14 55 24" D.I. Pipe Open Cut Encased Roadway Crossing, Line 1, STA. 80+33 to 80+88, Per Linear Foot LF $444.00 $650.00 $35,750.00 $682.00 $800.00 $44,000.00 15 42 24" D.I. Pipe Open Cut Encased Roadway Crossing, Line 2, STA. 11+77 to 12+19, Per Linear Foot LF $531.00 $650.00 $27,300.00 $682.00 $900.00 $37,800.00 16 31000 Ductile Iron Fittings, Furnished and Installed, Per LBS LBS $9.60 $14.25 $441,750.00 $14.00 $5.00 $155,000.00 17 8 MJ-HDPE Adaptors, Furnished and Installed, Per Each EA $762.00 $4,000.00 $32,000.00 $1,315.00 $2,000.00 $16,000.00 18 6 24” D.I. Butterfly Valves, MJ-MJ, Furnished and Installed, Per Each EA $15,996.00 $19,500.00 $117,000.00 $17,750.00 $15,000.00 $90,000.00 19 10 16” D.I. Butterfly Valves, MJ-MJ, Furnished and Installed, Per Each EA $8,518.00 $12,250.00 $122,500.00 $9,500.00 $10,000.00 $100,000.00 20 2 2” Air Release Valves, Furnished and Installed, Per Each EA $8,474.00 $14,750.00 $29,500.00 $11,375.00 $9,000.00 $18,000.00 21 3 Fire Hydrant Assemblies Furnished and Installed Per Each EA $14,378.00 $12,000.00 $36,000.00 $15,750.00 $9,500.00 $28,500.00 22 2 Connection to Existing System, Furnished and Installed, Per Each EA $9,748.00 $4,600.00 $9,200.00 $9,375.00 $5,000.00 $10,000.00 * Asterisk denotes corrected value due to mathematical error on bid form. BIRMINGHAM, AL 35244 205-987-7411 DESCRIPTION: BID No. 25-051 - HIGHWAY 181 AND GAYFER ROAD 16- INCH WATER TRANSMISSION MAIN S J & L Inc. L&K Contracting Co., Inc. W.R. Mitchell, Contractor, Inc. Hemphill Construction Company KREBS ENGINEERING, INC. 2100 RIVER HAVEN DRIVE 4506 Hartford Hwy. Taylor, AL-36305 21631 PO Box 190034 Mobile, AL-36619 12522 $185,000.00 Florence, MS-39073 13232 Mobile, AL-36618 6334 P.O. Box 879P.O. Box 180637 $35,000.00 $100,000.00 $655,200.00 $1,295,040.00 $24,525.00 $47,250.00 $434,000.00 $76,500.00 $47,960.00 $37,510.00 $28,644.00 $10,520.00 $106,500.00 $95,000.00 $216,750.00 $17,985.00 $102,000.00 $76,500.00 $66,470.00 Total Price for Item $94,188.00 $46,066.00 $81,845.00 $673,920.00 $1,386,240.00 $32,032.00 $16,335.00 $170,850.00 $13,695.00 $84,000.00 $64,500.00 $64,500.00 $22,750.00 $18,750.00 $85,180.00 $16,948.00 $43,134.00 $19,496.00 $104,550.00 $24,420.00 $22,302.00 $297,600.00 $6,096.00 $95,976.00 Page 173 of 273 23 1 Furnished and Installed, Per Each EA $31,374.00 $35,000.00 $35,000.00 $35,625.00 $30,000.00 $30,000.00 24 1 Furnished and Installed, Per Each EA $70,983.00 $72,500.00 $72,500.00 $80,625.00 $60,000.00 $60,000.00 25 75 Asphalt Roadway Repair, Furnished Per Square Yard SY $461.00 $102.00 $7,650.00 $90.00 $90.00 $6,750.00 26 150 and Installed, Per Square Yard SY $487.00 $105.00 $15,750.00 $125.00 $160.00 $24,000.00 27 200 Asphalt Driveway Repair, Furnished and Installed, Per Square Yard SY $669.00 $102.00 $20,400.00 $115.00 $90.00 $18,000.00 28 75 Furnished and Installed, Per Linear Foot LF $34.00 $44.00 $3,300.00 $65.00 $60.00 $4,500.00 29 20 Concrete Endwall Replacement, Furnished and installed, Per Cubic Yard CY $800.00 $4,000.00 $80,000.00 $813.00 $850.00 $17,000.00 30 60 Replace 13.5" x 22” Arch Pipe RCP and Install, Per Linear Foot LF $189.00 $125.00 $7,500.00 $120.00 $140.00 $8,400.00 31 275 Replace 18” RCP Culvert, Furnish and Install, Per Linear Foot LF $119.00 $90.00 $24,750.00 $125.00 $90.00 $24,750.00 32 90 15” CPP Culvert, Furnish and Install, Per Linear Foot LF $101.00 $80.00 $7,200.00 $120.00 $90.00 $8,100.00 33 40 26” x 43" RCP Culvert, Furnish and Install, Per Linear Foot LF $245.00 $217.00 $8,680.00 $140.00 $210.00 $8,400.00 34 3 and Installed, Per Each EA $1,145.00 $2,500.00 $7,500.00 $3,000.00 $1,500.00 $4,500.00 35 1 Restoration, Seeding and Grassing Lump Sum LS $113,239.00 $75,000.00 $75,000.00 $120,000.00 $60,000.00 $60,000.00 36 1 Record Survey, Prepared and Submitted, Lump Sum LS $17,130.00 $19,500.00 $19,500.00 $20,000.00 $5,000.00 $5,000.00 37 1 10% Contingency (Sum Items 1-36 and multiply by 10%)LS $400,296.40 $422,849.00 $422,849.00 $40,600.00 * $409,271.40 $387,036.00 $387,036.00 Total Base Bid $4,650,839.00 * $4,501,985.40 $4,257,396.00 ALTERNATES Item No. Quantity Alternate Description Units Unit Price Unit Price Total Deduct Price For Item Unit Price Unit Price Total Deduct Price For Item A1. 1350 Horizontal Directional Bores Under Driveways: Contractors cost savings for furnishing and installation of 16" and STA. 14+60 in lieu of open cutting driveways and side streets. Horizontal Directional Bores must be each. The contractor is responsible for all additional fittings and adapters required for transitions between HDPE and Ductile Iron. Should the Owner choose this Alternate, The Total Deduct Price amount specified will be deducted from the Base Bid amount. LF $91.10 $30.00 $40,500.00 $0.00 $15.00 $20,250.00 Total Base Bid Less Deduct $4,610,339.00 $4,481,735.40 "I hereby certify that this is a true tabulation of bids received for the Highway 181 and Gayfer Road 16-Inch Water Transmission Main Project. Robert Vaughan, P.E. $20,000.00 $34,375.00 $18,750.00 $80,625.00 $6,750.00 $5,600.00 $9,000.00 $120,000.00 $23,000.00 $4,875.00 $16,260.00 $7,200.00 $10,800.00 $35,625.00 $73,050.00 $133,800.00 $4,257,396.00 $0.00 Total Deduct Price For Item $4,403,260.40 Total Deduct Price For Item $122,985.00 $4,280,275.40 $9,800.00 $3,435.00 $113,239.00 $17,130.00 $400,296.40 $2,550.00 $16,000.00 $11,340.00 $32,725.00 $9,090.00 $31,374.00 $70,983.00 $34,575.00 Page 174 of 273 Page 175 of 273 Page 176 of 273 Page 177 of 273 Page 178 of 273 Page 179 of 273 Page 180 of 273 Page 181 of 273 Page 182 of 273 Page 183 of 273 Page 184 of 273 Page 185 of 273 Page 186 of 273 Page 187 of 273 Page 188 of 273 Page 189 of 273 Page 190 of 273 Page 191 of 273 Page 192 of 273 Page 193 of 273 Page 194 of 273 Page 195 of 273 Page 196 of 273 Page 197 of 273 Page 198 of 273 Page 199 of 273 Page 200 of 273 Page 201 of 273 Page 202 of 273 Page 203 of 273 Page 204 of 273 Page 205 of 273 Page 206 of 273 Page 207 of 273 Page 208 of 273 Page 209 of 273 Page 210 of 273 Page 211 of 273 Page 212 of 273 Page 213 of 273 Page 214 of 273 Page 215 of 273 Page 216 of 273 Page 217 of 273 Page 218 of 273 Page 219 of 273 Page 220 of 273 Page 221 of 273 Page 222 of 273 Page 223 of 273 Page 224 of 273 Page 225 of 273 Page 226 of 273 Page 227 of 273 Page 228 of 273 Page 229 of 273 Page 230 of 273 Page 231 of 273 KREBS ENGINEERING 16" and 24" WATER TRANSMISSION MAIN PROJECT UPDATE WATER SYSTEM PLANNING/ CITY OF FAIRHOPE Page 232 of 273 Page 233 of 273 PRF - Hwy 181 Gayfer Rd 16 Inch Water Main Final Audit Report 2025-05-30 Created:2025-05-29 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAptoXsEPYFaXSPZFFvkldkZlMPVzMZsC3 "PRF - Hwy 181 Gayfer Rd 16 Inch Water Main" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-05-29 - 10:03:19 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-05-29 - 10:03:51 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-05-30 - 1:20:52 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-05-30 - 3:11:02 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-05-30 - 3:11:04 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-05-30 - 4:08:10 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-05-30 - 4:08:13 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-05-30 - 4:10:48 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-05-30 - 4:11:36 PM GMT - Time Source: server Agreement completed. 2025-05-30 - 4:11:36 PM GMT Page 234 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1736 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring for Professional Consulting Services for Water/Wastewater Certification Training. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: To approve the selection by the Mayor of Kevin Collier for RFQ PS25-034 Professional Consulting Services for Water/Wastewater Certification Training, and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring for Professional Consulting Services for Water/Wastewater Certification Training. Kevin Colllier can provide the following examples of ADEM certification training: • ADEM Grade I-IV Water Certifications • ADEM GRade IC-IV Wastewater Certifications Mayor Sullivan has selected Kevin Collier for this training service. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 50230 Water - Training $TBD $TBD $TBD 004020- 50230 Wastewater - Training $TBD $TBD $TBD GRANT: N/A Page 235 of 273 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 236 of 273 RESOLUTION NO. ________ , as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for Professional Consulting Services for (RFQ PS25-034) to provide Water/Wastewater Certification Training to Kevin Collier; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 25TH DAY OF AUGUST, 2025 ______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 237 of 273 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: August 14, 2025 Re: RFQ PS25-034 Professional Consulting Services to Provide Water/Wastewater Certification Training The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a Consultant to provide Water/Wastewater Certification Training. Per our Procedure for Procuring Professional Services, Daryl Morefield and I are providing 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: _____________ ___________ Kevin Collier _____________ ___________ None. Submit another list Cc: file, Daryl Morefield, Mayor Sherry Sullivan Sherry Sullivan (Aug 14, 2025 14:04:19 CDT) Sherry Sullivan Aug 14, 2025 Page 238 of 273 Memo to choose - Kevin Collier - Water Dpt Training Final Audit Report 2025-08-14 Created:2025-08-14 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAaHiOfdH5aJhNi_JDS2EKHA00ymPkEzLM "Memo to choose - Kevin Collier - Water Dpt Training" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-08-14 - 5:58:12 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-08-14 - 5:58:38 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-08-14 - 6:11:09 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-08-14 - 7:04:19 PM GMT - Time Source: server Agreement completed. 2025-08-14 - 7:04:19 PM GMT Page 239 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1739 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for the repair of approximately 550 linear feet of 10" DR11 HDPE water main and 550 linear feet of 10" DR11 HDPE sewer force main at the intersection of South Drive and SR 98 in the Fairhope City Limits. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-058 8-Inch Watermain Repair Under Rock Creek to Underground, Inc. with a bid proposal not-to-exceed $584,664.50 ($309,285.00 Water System Improvements and $275,379.50 Wastewater System Improvement). Authorize Treasurer to transfer $309,285.00 from Water System Improvement - Distribution (004010-59500 Line 100) and transfer $275,379.50 from Wastewater System Improvement - Collections (004020-59500 Line 50) in FY25 Budget to fund this project. BACKGROUND INFORMATION: A service bid was issued on July 18, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Five (5) responsive bids were received at the bid opening on August 14, 2025 at 10:30 a.m. The Superintendent of Water/Wastewater recommends the award be made to Underground, Inc. Their low bid price for the Base Bid plus Bid Alternate #1 was as follows: Lump Sum Price (Base Bid): $584,664.50 Bid Alternate #1: -$11,000.00 The Superintendent of Water/Wastewater recommends awarding the Base Bid only for the low bid cost not-to-exceed Five Hundred Eighty-Four Thousand Six Hundred Sixty- Four Dollars and Fifty Cents ($584,664.50). Water System Improvement - Distribution System $309,285.00 Wastewater System Improvement - Collections System $275,379.50 Page 240 of 273 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500 Water System Improvement - Distribution System $309,285.00 $309,285.00 $0.00 004020- 59500 Wastewater System Improvement - Collections System $275,379.50 $275,379.50 $0.00 $584,664.50 $584,664.50 $0.00 Authorize Treasurer to transfer $309,285.00 from Water System Improvement - Distribution (004010-59500 Line 100) and transfer $275,379.50 from Wastewater System Improvement - Collections (004020-59500 Line 50) in FY25 Budget to fund this project. 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 241 of 273 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 (Bid No. 25-058) 8-Inch Water Main Repair Under Rock Creek for the City of Fairhope Water/Wastewater Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid No. 25-058) 8-Inch Water Main Repair Under Rock Creek [3] After evaluating the bid proposals with the required bid specifications, Underground, Inc. is now awarded (Bid No. 25-058) for 8-Inch Water Main Repair Under Rock Creek for the City of Fairhope Water/Wastewater Department with a bid proposal not-to-exceed $584,664.50. [4] Authorize the Treasurer to transfer $309,285.00 from Water System Improvement - Distribution (004010-59500 Line 100) and transfer $275,379.50 from Wastewater System Improvement - Collections (004020-59500 Line 50) in FY25 Budget to fund this project. ADOPTED ON THIS 25TH DAY OF AUGUST, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 242 of 273 2100 River Haven Drive Birmingham, AL 35244 P 205 987 7411 KrebsEng.com BIRMINGHAM HUNTSVILLE MONTGOMERY NEWNAN DAPHNE August 15, 2025 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL 36532 Re: BID No. 25-058 - 8-Inch Watermain Repair Under Rock Creek; Krebs Project No. 25303 Dear Daryl: Five (5) bids were received for the above-referenced project at 10:30 A.M., CDT, on August 14, 2025. The order of the bids received, beginning with the low bidder, was as follows: The Base Bid will replace the broken 8-inch water main under Rock Creek from South Drive to the north side of Rock Creek, as well as replace the existing 8-inch sewer main crossing the creek in the same fashion. Alternate 1 includes replacing the existing pressure-reducing valve and check valve assemblies with new assemblies and moving them to a more accessible location on the north side of Rock Creek. Alternate 1 is an option for Fairhope to choose to relocate the existing pressure-reducing valve and check valve assemblies to the more suitable location on the north side of the creek. Krebs reviewed the bids and determined that Underground, Inc. meets the requirements of the low, responsible, responsive bidder as outlined in the Contract Documents. Attached is a copy of the certified bid tabulation for your records. Contractor Base Bid Alternate 1 Underground, Inc. $584,664.50 -$11,000 Gator Boring & Trenching, Inc. $689,345.00 $49,500 Equix Energy Services $734,064.00 $30,000 Rast Construction, Inc. $942,320.00 $20,000 B.W. Hobson Construction Co., Inc. $1,142,607.00 $12,000 Page 243 of 273 Mr. Daryl Morefield August 15, 2025 Page 2 Based on this, Krebs recommends awarding the contract for the 8-Inch Watermain Repair Under Rock Creek to Underground, Inc. for the low tendered bid amount of $584,664.50. Please contact us if you have any questions or comments. Sincerely yours, Krebs Engineering, Inc. By____________________________ D. Robert Vaughan, P.E. Associate cc: Krebs File No. 25303 Page 244 of 273 JOB NO.: 25303 DATE: AUGUST 14, 2025, 10:30 AM, LOCAL TIME OWNER: CITY OF FAIRHOPE Item No.Approx Quantities Description of Item Units Unit Price Total Price for Item Unit Price Total Price for Item Unit Price Total Price for Item Unit Price Total Price for Item Unit Price Total Price for Item 1 1 Mobilization/Demobilization, Not to Lump Sum LS $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 2 1 Erosion and Sediment Control Lump Sum LS $35,000.00 $35,000.00 $11,600.00 $11,600.00 $6,500.00 $6,500.00 $4,000.00 $4,000.00 $10,000.00 $10,000.00 3 1 Traffic Control Lump Sum LS $25,000.00 $25,000.00 $24,500.00 $24,500.00 $20,000.00 $20,000.00 $2,000.00 $2,000.00 $10,000.00 $10,000.00 4 1 Site Restoration and Grassing Lump Sum LS $20,000.00 $20,000.00 $5,100.00 $5,100.00 $15,000.00 $15,000.00 $9,000.00 $9,000.00 $12,000.00 $12,000.00 5 230 6” D.I. Pipe, CL. 250, P-O Joint w/ Restraining Gaskets, Furnished and Installed, Per Linear Foot LF $205.00 $47,150.00 $160.00 $36,800.00 $91.50 $21,045.00 $100.00 $23,000.00 $60.00 $13,800.00 6 160 8" D.I. Pipe CL. 250, P-O Joint w/ Restraining Gaskets, Per Linear Foot LF $280.00 $44,800.00 $215.00 $34,400.00 $112.50 $18,000.00 $130.00 $20,800.00 $70.00 $11,200.00 7 550 10" HDPE Pipe, DR 11, DIPS, SSFM Furnished and Installed By Horizontal Per Linear Foot LF $530.00 $291,500.00 $140.00 $77,000.00 $163.00 $89,650.00 $510.00 $280,500.00 $290.00 $159,500.00 8 550 10" HDPE Pipe, DR 11, DIPS, WTM Furnished and Installed by Horizontal Per Linear Foot LF $530.00 $291,500.00 $140.00 $77,000.00 $163.00 $89,650.00 $510.00 $280,500.00 $290.00 $159,500.00 9 60 10" HDPE Pipe, DR 11, DIPS, SSFM Per Linear Foot LF $300.00 $18,000.00 $140.00 $8,400.00 $145.00 $8,700.00 $145.00 $8,700.00 $130.00 $7,800.00 10 3400 Ductile Iron Fittings, Furnished and Installed, Per LBS LBS $12.00 $40,800.00 $24.75 $84,150.00 $22.00 $74,800.00 $12.00 $40,800.00 $20.00 $68,000.00 11 4 Per Each EA $2,230.00 $8,920.00 $2,500.00 $10,000.00 $1,325.00 $5,300.00 $1,500.00 $6,000.00 $2,500.00 $10,000.00 12 2 8" D.I. Butterfly Valves, MJ-MJ, Per Each EA $5,300.00 $10,600.00 $10,750.00 $21,500.00 $3,400.00 $6,800.00 $2,600.00 $5,200.00 $3,000.00 $6,000.00 13 1 8" D.I. Plug Valves, MJ-MJ, Furnished and Installed, Per Each EA $5,700.00 $5,700.00 $7,700.00 $7,700.00 $4,500.00 $4,500.00 $3,800.00 $3,800.00 $4,000.00 $4,000.00 14 1 6" D.I. Plug Valves, MJ-MJ, Furnished and Installed, Per Each EA $5,700.00 $5,700.00 $5,600.00 $5,600.00 $3,500.00 $3,500.00 $3,000.00 $3,000.00 $3,500.00 $3,500.00 15 16 Concrete Curb & Gutter Replacement Furnished and Installed, Per Linear Foot LF $300.00 $4,800.00 $200.00 $3,200.00 $200.00 $3,200.00 $200.00 $3,200.00 $65.00 $1,040.00 16 380 Asphalt Roadway Repair, Furnished and Installed, Per Square Yard SY $95.00 $36,100.00 $65.00 $24,700.00 $125.00 $47,500.00 $200.00 $76,000.00 $45.00 $17,100.00 17 4 Connection to Existing System, Per Each EA $12,000.00 $48,000.00 $15,000.00 $60,000.00 $4,500.00 $18,000.00 $2,000.00 $8,000.00 $20,000.00 $80,000.00 18 1100 8" Existing Line Abandonment and Per Linear Foot LF $18.00 $19,800.00 $36.00 $39,600.00 $25.00 $27,500.00 $17.00 $18,700.00 $18.00 $19,800.00 19 1 Pressure Release Valve and Vault, Per Each EA $48,000.00 $48,000.00 $61,500.00 $61,500.00 $46,300.00 $46,300.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 20 1 and Installed, Per Each EA $11,000.00 $11,000.00 $6,200.00 $6,200.00 $3,750.00 $3,750.00 $3,000.00 $3,000.00 $10,000.00 $10,000.00 21 1 Lump Sum LS $7,000.00 $7,000.00 $8,500.00 $8,500.00 $2,000.00 $2,000.00 $6,000.00 $6,000.00 $10,000.00 $10,000.00 1 10% Contingency (Sum Items 1-20 and multiply by 10%)LS $103,237.00 $61,895.00 $52,969.50 $85,120.00 $65,824.00 Total Base Bid $1,142,607.00 $689,345.00 $584,664.50 $942,320.00 $734,064.00 ALTERNATES Item No. Quantity Alternate Description Units Unit Price Total Price For Item Unit Price Total Price For Item Unit Price Total Price For Item Unit Price Total Price For Item Unit Price Total Price For Item A1. 1 8" Pressure Release Valve & Vault,Relocated, Per Each EA $6,000.00 $6,000.00 $44,500.00 $44,500.00 -$9,000.00 -$9,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 A2. 1 8" D.I. Check Valve, Relocated, Per Each EA 6000 $6,000.00 $5,000.00 $5,000.00 -$2,000.00 -$2,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 "I hereby certify that this is a true tabulation of bids received for the 8-Inch Watermain Repair Under Rock Creek Project." Robert Vaughan, P.E. Equix Energy Serviced, LLC 32410 Blue Star Hwy. Midway, FL 32343 38774DESCRIPTION: BID No. 25-058 - 8-INCH WATERMAIN REPAIR UNDER ROCK CREEK 2901 Shannon Oxmoor Rd. Rast Construction, Inc. 50498 39824 Pensacola, FL 32534Northport, AL 35473 Wilmer, AL 36587 12908 1800 Blackbird Lane 7290 Charlie Shirley Rd Highlighted Cell Denotes Corrected Values KREBS ENGINEERING, INC. 2100 RIVER HAVEN DRIVE BIRMINGHAM, AL 35244 205-987-7411 UnderGround, Inc. 11251 Moffat Rd Gator Boring B.W. Hobson Construction Co., Inc. 9554 Birmingham, AL-35211 Page 245 of 273 Page 246 of 273 Page 247 of 273 Page 248 of 273 Page 249 of 273 Page 250 of 273 Page 251 of 273 Page 252 of 273 Page 253 of 273 Page 254 of 273 Page 255 of 273 Page 256 of 273 Page 257 of 273 Page 258 of 273 From:Noel Berry To:Suzanne Doughty; Daryl Morefield Cc:Erin Wolfe; Kimberly Creech Subject:RE: Rock Creek Repair Agenda Question Date:Monday, August 18, 2025 1:49:32 PM Attachments:image004.png image001.png Suzanne, Below is the breakdown of the project costs. There is no lift station work in the contract. Thanks, Noel, As requested, we have broken out the cost of the Water Main and Sewer Force Main separately. These cost are from the lowest bidders proposal form and the separated totals are as follows: Water Main: $309,285.00 Sewer Force Main: $275379.50 Total Project Cost: $584664.50 Thanks, Keith Edwards Engineer Krebs Engineering Inc. www.krebseng.com Cell No. 251.709.8901 Page 259 of 273 From: Suzanne Doughty <suzanne.doughty@fairhopeal.gov> Sent: Monday, August 18, 2025 10:20 AM To: Noel Berry <noel.berry@fairhopeal.gov>; Daryl Morefield <daryl.morefield@fairhopeal.gov> Cc: Erin Wolfe <erin.wolfe@fairhopeal.gov>; Kimberly Creech <kimberly.creech@fairhopeal.gov> Subject: Rock Creek Repair Agenda Question Importance: High Hi All, on Agenda Item: 2025-1739 for the Watermain Repair under Rock Creek for $584,664.50 that is scheduled for the 08/25/25 meeting. We need to know the split out of this amount between Water and WasteWater. The expenses for this project will have to come from the respective buckets. Also, on the Wastewater side of the repair – based on what I read, it appears to be for a Force Main (004020-59500) and not a Lift Station (004020-59501) improvement. Again, these are accounted for in separate General Ledger accounts. I just want to make sure it’s coded correctly. If it affects both Force Main and Lift Station then I would need to know the amounts for each of those as well. Any assistance you can give is appreciated as we are behind schedule for the deadline to get this on the next Council Meeting (08/25/25). Thanks, Suzanne Doughty Senior Accountant City of Fairhope P. O. Drawer 429 Fairhope, AL 36533 251.990.2882 251.302.7554 Page 260 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1728 FROM: Sherry Sullivan, Mayor SUBJECT: Weather Camera Agreement between Alabama Weather Camera Network, LLC (“AWCN”), WxLogic, LLC (“Service Provider”), and the City of Fairhope (“Host”). AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: That the City Council hereby authorizes Mayor Sherry Sullivan to execute the Weather Camera Agreement between Alabama Weather Camera Network, LLC (“AWCN”), WxLogic, LLC (“Service Provider”), and the City of Fairhope (“Host”). BACKGROUND INFORMATION: The equipment shall be considered a gift to the Host, and the Host agrees to provide AWCN with access to the live and recorded video and data feed generated by the Equipment for the duration of this Agreement. 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 Page 261 of 273 emailed): Page 262 of 273 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute the Weather Camera Agreement between Alabama Weather Camera Network, LLC (“AWCN”), WxLogic, LLC (“Service Provider”), and the City of Fairhope (“Host”) to allow the installation of a weather camera at the Host’s Site for the benefit of public safety, education, weather observation, and broadcasting. Adopted on this 25th day of August, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 263 of 273 WEATHER CAMERA AGREEMENT This Agreement is entered into as of _______, 2025 by and between: ● Alabama Weather Camera Network, LLC ("AWCN"), a jointly owned company formed by The Alabama Weather Network, LLC and WxLogic, LLC; ● WxLogic, LLC (the "Service Provider"), an Alabama limited liability company providing volunteer technical support for the Equipment; and ● The City of Fairhope (the "Host"), which owns and provides access to a pole at or near the Fairhope Pier for camera placement and is the recipient of the donated Equipment. 1. PURPOSE The purpose of this Agreement is to allow the installation of a weather camera ("Equipment") at the Host’s Site for the benefit of public safety, education, weather observation, and broadcasting. The Equipment shall be considered a gift to the Host, and the Host agrees to provide AWCN with access to the live and recorded video and data feed generated by the Equipment for the duration of this Agreement. 2. TERM This Agreement shall commence on the Effective Date and remain in effect for an initial term of three (3) years. 3. RESPONSIBILITIES ● Access & Power: The Host shall provide an agreed-upon pole placement at or near the Fairhope Pier and provide power at no cost to AWCN or the Service Provider. ● Internet (If Available): If internet access is available, the Host shall permit connectivity for the Equipment at no cost, provided it does not interfere with Municipal operations. ● Protection of Equipment: The Host shall exercise reasonable care to protect the Equipment and promptly notify AWCN or the Service Provider of any issues. Page 264 of 273 ● Data Sharing: The Host will allow access to the Equipment’s live and recorded video and data feed. The Host will use its best efforts to notify AWCN within 24 hours of any interruption expected to last longer than 48 hours. ● Installation: The Equipment is provided as a gift and becomes the sole property of the Host. The Service Provider may provide advisory assistance or consultation. ● Voluntary Maintenance: The Service Provider may, at its discretion, provide voluntary maintenance, software updates, or remote support. These services are not guaranteed and may be modified or discontinued at any time. These services are offered as a volunteer courtesy and do not constitute a warranty or create any ongoing obligation. 4. OWNERSHIP AND DATA ACCESS ● Ownership: The Equipment becomes the permanent property of the Host. ● Data Access: For the term of this Agreement, the Host will allow access to the camera’s live and recorded video feed and associated data for AWCN. AWCN may broadcast, archive, and redistribute the feed for educational, commercial, or public purposes. In the event of an interruption exceeding 72 hours without technical justification or prior notice, AWCN may publicly disassociate the Site, remove promotional references, and/or terminate this Agreement with 15 days' written notice. ● Footage License: AWCN and the HOST shall retain a perpetual, non-exclusive license to archive, reuse, and distribute any footage or data captured by the Equipment during the term of this Agreement, including after termination. 5. TERMINATION This Agreement may be terminated by any party with ninety (90) days’ written notice. In cases where the Host materially breaches the agreement (including withholding data access), AWCN may terminate with fifteen (15) days’ notice following a seven (7) day opportunity to cure after written notification. AWCN may also immediately remove public references and branding associated with the Site in such cases. Page 265 of 273 6. PUBLICITY AND USE AWCN shall publicly acknowledge the Host as a camera partner and shall display the Site location in media, broadcasts, and promotional materials. AWCN will not disclose sensitive or proprietary information. AWCN shall continue to reference the Site and the Host in historical or archived content created during the term of this Agreement, even after its termination. 7. CONFIDENTIALITY All parties agree to maintain the confidentiality of non-public, proprietary, or sensitive business information disclosed during the performance of this Agreement, except as otherwise required by law. This confidentiality obligation does not apply to publicly broadcast content or data captured and disseminated by the Equipment. 8. FORCE MAJURE No party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, pandemics or governmental actions. 9. ASSIGNMENT No party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other parties. 10. SEVERABILITY If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 11. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama. 12. ENTIRE AGREEMENT This Agreement constitutes the complete understanding between the parties and supersedes all prior agreements or discussions. Any modifications must be in writing and signed by all parties. Page 266 of 273 Signatures ALABAMA WEATHER CAMERA NETWORK, LLC By: ___________________________ Name: John Oldshue Title: Authorized Representative Date: _________________________ WXLOGIC, LLC (Service Provider) By: ___________________________ Name: Brett Adair Title: Authorized Representative Date: _________________________ THE CITY OF FAIRHOPE By: ___________________________ Name: Sherry Sullivan Title: Mayor Date: _________________________ Page 267 of 273 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1737 FROM: Sherry Sullivan, Mayor SUBJECT: The Mayor, Sherry Sullivan, is requesting authorization to execute an extension of the Engagement Letter Agreement with Maynard, Cooper & Gale, P.C. for professional government affairs services and assistance, as well as assist in special projects and provide strategic consulting advice for the City of Fairhope, Alabama. AGENDA DATE: August 25, 2025 RECOMMENDED ACTION: To authorize the Mayor to execute an extension of the Engagement Letter Agreement with Maynard, Cooper & Gale, P.C. for professional government affairs services and assistance, as well as assist in special projects and provide strategic consulting advice for the City of Fairhope, Alabama. The retainer fee is Eight Thousand Dollars ($8,000.00) per month; and a not-to-exceed amount of $96,000.00. BACKGROUND INFORMATION: The Mayor, Sherry Sullivan, is requesting authorization to execute an extension of the Engagement Letter Agreement with Maynard, Cooper & Gale, P.C. for professional government affairs services and assistance, as well as assist in special projects and provide strategic consulting advice for the City of Fairhope, Alabama. The extension of the Engagement Letter Agreement would be for services from October 2025 to September 2026. The retainer fee would be Eight Thousand Dollars ($8,000.00) per month, and an annual not-to-exceed amount of Ninety-Six Thousand Dollars ($96,000.00). Previous Actions: April 11, 2022: Resolution No. 4432-22 authorized Mayor Sullivan to execute an Engagement Letter with Maynard, Cooper & Gale, P.C. for a six month period with a not-to-exceed amount of $54,000.00. September 11, 2023: Resolution No. 4837-23 Authorized Mayor Sullivan to execute an extension of the Engagement Letter with Maynard, Cooper & Gale, P.C. from October 2023 to September 2024 with a retainer fee of $8,000.00 per month; and a not-to- exceed amount of $96,000.00. August 26, 2024: Resolution No. 5172-24 Authorized Mayor Sullivan to execute an extension of the Engagement Letter with Maynard, Cooper & Gale, P.C. from October Page 268 of 273 2024 to September 2025 with a retainer fee of $8,000.00 per month; and a not-to- exceed amount of $96,000.00. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50290 General Government - Professional Services $0.00 $96,000.00 ($96,000.00) Costs for this contract extension included in FY26 proposed budget. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 269 of 273 RESOLUTION NO. ______ [1] That the City Council hereby authorizes Mayor Sherry Sullivan to execute an extension of the Maynard, Cooper & Gale, P.C. Engagement Letter Agreement for the City of Fairhope from October 2025 to September 2026 with a retainer fee of Eight Thousand Dollars ($8,000.00) per month; and a not-to-exceed amount of $96,000.00. ADOPTED ON THIS 25TH DAY OF AUGUST, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 270 of 273 RESOLUTION NO. 4432-22 BE IT RESOLVED BY THE GOVERNING BOD Y OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute an Engagement Letter with Maynard , Cooper & Gale, P.C. for profes sional government affairs services and assistance as well as assist in special projects and provide strategic consulting advice (from time to time) for the City of Fairhope , Alabama. This engagement will b e for a six month period with a not-to-exceed amount of $5 4 ,000 .00. Attest: DULY ADOPTED THIS 11 TH DAY OF APRIL, 2022 es Reid Conyer , Council President Page 271 of 273 RESOLUTION NO. 4837-23 WHEREAS , on December 12 , 2022 , the Ci ty Council approved and authorized Mayor Sherry Sullivan to extend the Maynard , Cooper & Gale , P.C. Engagement Letter Agreement for the City of Fairhope for an additional year from October 2022 to September 2023 . WHEREAS , the Mayor is desirous to extend this engagement for an additional year from October 2023 to September 2024 with a not-to-exceed amount of$96 ,000.00 (retainer fee of $8 ,000.00 per month). BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute a second year extension of the Maynard , Cooper & Gale, P .C. Engagement Letter Agreement for the City of Fairhope from October 2023 to September 2024 with a retainer fee of Eight Thousand Dollars ($8 ,000 .00) per month ; and a not-to­ exceed amount of $96 ,000.00. DULY ADOPTED THIS 11 TH DAY OF SEPTEMBER, 2023 Attest: L~~MC City Clerk Page 272 of 273 RESOLUTION NO. 5172-24 WHEREAS , on September 11 , 2023 , the City Council approved and authorized Mayor Sherry Sulli van to extend the Maynard , Cooper & Gale , P .C. Engagement Letter Agreement for th e City of Fairhope for an additional y ear from October 2023 to September 2024 . WHEREAS , the Mayor is desirous to extend this engagement for an additional year from October 2024 to September 2025 with a not-to-exceed amount of $96 ,000.00 (retainer fee of $8 ,000.00 per month). BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute an extension of the Maynard, Cooper & Gale, P .C. Engagement Letter Agreement for the City of Fairhope from October 2024 to September 2025 with a retainer fee of Eight Thousand Dollars ($8 ,000.00) per month ; and a not-to-exceed amount of $96 ,000.00. DULY ADOPTED THIS 26TH Corey Martin , Council President Attest: ~s~~ City Clerk Page 273 of 273