MINUTE BOOK 94 269 MOUNTAIN! BROOK CITY COUNCIL PRE-MEETING: DISCUSSION MAY 13, 2024 [Asaconvenience, members oft the public werei invited to listen and observe in the public meeting by Internet The City Council oft the City of Mountain Brook, Alabama met informally in-person at 6:15 p.m. on the 13th day ofl May, 2024 (others were allowed tol listen to1 the meeting by way ofInternet video conference, no one did). Council President Virginia Smith called the pre-meeting to order and the roll was called with the video conference-0 virtual attendees.] following results: Present: Virginia C. Smith, Council President William S. Pritchard III, Council President Pro Tempore Graham L. Smith Gerald A. Garner Lloyd C. Shelton Stewart Welch III, Mayor Absent: None Also present were City Attorney Whit Colvin, City Manager Sam Gaston, and City Clerk Heather Richards. 1. AGENDA 1. Bids for thel Montevallo Lane and Mountain Avenue drainage project Mark Simpson-Schoel Engineering 5b bids were received The lowest bid was CB&A Construction entrance into the culvert Virginia Smith-Council President The project had three elements: 1) new storm pipe 2) Stream stabilization 3) Improve the Item added to thei formal agenda (Resolution 2024-076) 2. TAP grant application for two-three segments ofs sidewalks int the City Nathan Currie-Sain Associates fiscal year Thej proposal is to assist the City in preparing an application for a' TAP grant for the next Scope is tol look at segments to consider and put together detailed pricing fort the project The two segments that are up: for consideration are. Brookwood Road and Old Leeds Lane Sam Gaston-City Manager Virginia Smith-Council President Item added to thei formal agenda (Resolution 2024-073) 3. Proposal toi implement traffic calming measures on Halbrook Lane and Arundel Drive J:Minutes & AsmasCamal00romatss Minutes. docx May 13,2024 270 MINUTE BOOK93 Richard Caudle-Skipper Consultants The agreement. has a scope of work that consists of: Performing traffic counts and speed studies Consulting with the City Attorney and City Staff regarding the truck route Finalizing designs for speed hump installation and chicanes Consulting withi the City on the construction of sidewalks on Arundel Drive and Preparing at temporary road closure and detour plan for construction of sidewalks Halbrook Lane Virginia Smith-Council President These steps are needed before closing the road can be considered Ifthe traffic is not brought down to a satisfactory level, then the council willl look into closing The City's police and fire department, as well as1 the City of Vestavia, are opposed to closing the road the road Billy Pritchard-Council President Pro Tempore Gerald Garner-Council Member done correctly Lloyd Shelton-Council Member Thej problem is the volume of vehicles These steps will objectively measure the effects oft the speed bumps and chicanes Isini favor of closing the road; however, the remedial steps are needed to ensure things are Understands the council wants to be cautious but would like thei road to be closed Richard Caudle Atraffic count will be done after these measures are inj place The sidewalk construction allows for the temporary closing Isoft the opinion the speed humps and chicanes stay in place until if/when the roads are closed Itisf feasible to start with some level oftraffic calming measures before closing the road The Council wants tol help the residents of Halbrook as best they can The City of Vestavia will extend the green light time on the lights on Crosshaven They also put upt two "No Through Traffic" signs on their side They will also budget tol build sidewalks from south ofthe Post Office up to the city limits of Graham Smith-Council Member Sam Gaston-City Manager Mountain Brook Virginia Smith Item added to the formal agenda (Resolution 2024-074) 4. NoCut Through Traffic ordinance for Halbrook Lane and Arundel Drive Whit Colvin-City Attorney This ordinance backs up the signs and makes the signs enforceable This is for traffic that does not originate nor terminate in the area through" and needs tol be returned to local traffic This is intended to apply where the City Manager determines a street has become a "cut- JMinutes & Agendas/Council2024.20240513 Minutes. docx May 13,2024 MINUTE BOOK94 271 Virginia Smith Item added to the formal agenda (Ordinance No. 2161) 5. Contract with Alabama Power Company to install security cameras in and around Jemison Park Jaye Loggins-Police Chief There is no upfront cost Virginia Smith-Council President Tasked with thei idea of putting cameras around Jemison Park Coverage will be entrances and exits onto the trail and parking areas Item added to the formal agenda (Resolution 2024-075) 6. Review oft the other matters to be considered: at the formal (7:00p.m.) meeting 2. ADJOURNMENT There being no further matters for discussion Council President Virginia Smith adjourned the pre-meeting at approximately 6:57 pm. CERTIFICATION 3. I, Heather Richards, City Clerk oft the City ofl Mountain Brook, Alabama, certify the above is at true and correct synopsis of the discussion from the regular session oft the City Council of the City ofl Mountain Brook, Alabama held at City Hall, Pre-Council Room (A-106) on May 13, 2024, and that the meeting was duly called and heldi in all respects in accordance with the laws oft the State of Alabama and bylaws oft the City and that no formal action or votes were conducted at said work session. City Clerk, Approved by City Council June 10, 2024 Minutes & AsmalaCamaiou.d240i3 Minutes.docx May 13,2024 272 MINUTE BOOK9 93 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN BROOK MAY13,2024 [Asac convenience, members ofthej public were invited to listen and observe in the public meeting by Internet The City Council oft the City of Mountain Brook, Alabama meti in person at 7:01 p.m. on the 13th day ofMay, 2024 (others were allowed to listen to the meeting by way of Internet video conference-1 virtual attendee). Council President Virginia Smith called the meeting to order, and the roll was called with the video conference-1 virtual attendee.] following results: Present: Virginia C. Smith, Council President William S. Pritchard III, Council President Pro Tempore Lloyd C. Shelton Graham L. Smith Gerald A. Garner Stewart Welch III, Mayor Absent: None Also present were City Attorney Whit Colvin, City Manager Sam Gaston, and City Clerk Heather The Council President Virginia Smith stated that a quorum was present and that the meeting was open Richards. for the transaction ofbusiness CONSENT AGENDA 1. Council President Virginia Smith announced that the following matters willl be considered at Approval of the minutes of the April 22, 2024, regular meeting of the City Council Approval oft the minutes oft thel May 6, 2024, special meeting of the City Council 2024-070 Accept the proposal submitted by Architectural Graphic & 2024-071 Execute a contractor agreement with The Pave Team LLC 2024-072 Authorize the sale or disposal of certain surplus property 2024-073 Authorize Sain Associates to prepare an application fora one time on the consent agenda provided no one in attendance objects: Exhibit 1, Appendix 1 Exhibit2 2, Appendix 2 Exhibit3, Appendix 3 Exhibit 4, Appendix 4 Design Specialties, Inc. for the' Wayfinding signage replacement panels within Mountain Brook for the Brookwood Forest Elementary School parking lot ramp TAP grant for segments ofsidewalk in the City of Mountain Brook JMinutes & AsmdaCamcipidDA63 Minutes. docx May 13,2024 MINUTE BOOK 94 273 2024-074 Accept thej professional service agreement with Skipper Exhibit5, Appendix5 Exhibit 6, Appendix 6 Exhibit7, Appendix7 Consulting Inc. for the traffic calming analysis and design for Halbrook Lane and Arundel Drive ofsurveillance cameras in and around. Jemison Park Trail for the Mountain Lane and Montevallo Lane Area Drainage 2024-075 Accept the proposal with Alabama Power: for the installation 2024-076 Award the bid B-20240415-925)t0 CB& A Construction Improvements project Thereupon, the foregoing minutes and resolutions (Nos. 2024-070 through 2024-076), were introduced by Council President Virginia Smith and ai motion fort their immediate adoption made by Council Member Lloyd Shelton. Thei minutes and resolutions were then considered by the City Council. Council Member Graham Smith seconded the motion to adopt the foregoing minutes and resolutions. Then, upon the question being put and the roll called, the vote was recorded as follows: Ayes: Virginia C. Smith William S. Pritchard II Graham L. Smith Lloyd C. Shelton Gerald. A. Garner None None Nays: Abstained: Council President Virginia Smith thereupon declared that said minutes and resolutions (Nos. 2024-070 through. 2024-076) were adopted by a vote of5-0 and as evidence thereofhe signed the CONSIDERATION OF ORDINANCE (NO.2161) AMENDING CHAPTER 50 OF THE CITY same. 2. CODE (EXHIBITS 8) Council President Virginia Smith introduced the ordinance in writing. It was then moved by Council President Pro Tempore that all rules and regulations which, unless suspended, would prevent thei immediate consideration and adoption ofs said ordinance be suspended and that unanimous consent to thei immediate consideration of said ordinance be given and that the reading oft the ordinance. at length be waived. The motion was seconded by Council Member Graham Smith and was unanimously carried, as follows: Ayes: Virginia C. Smith William S. ("Billy") Pritchard III Graham L. Smith Gerald. A. Garner Lloyd C. Shelton None Nays: Council President Virginia Smith declared the motion carried by a vote of5-0. After said ordinance had been considered ini full by the Council, Council President Pro Tempore Pritchard then moved: for the adoption ofs said ordinance. The motion was: seconded by Council J:Minutes & AsmisCoamal.0r2at3: Minutes.docx May 13,2024 274 MINUTE BOOK! 93 President Virginia Smith. Thereupon, Council President Virginia Smith called for vote with the following results: Ayes: Virginia C. Smith William S. ("Billy") Pritchard III Graham L. Smith Gerald A. Garner Lloyd C. Shelton None Nays: Council President Virginia Smith declared that the ordinance (No. 2161) is hereby adopted bya vote ofs 5 - Oand, as evidence thereof, she signed the same. COMMENTS FROM RESIDENCES. AND. ATTENDEES 3. 4. (There were no public comments) ANNOUNCEMENT May 27, 2024, 7:00p.m. Council President Virginia Smith announced the next regular meeting oft the City Council is 5. EXECUTIVE SESSION. AND ADJOURNMENT Council President Pro Tempore made ai motion that the City Council convenes in executive session to discuss matters of pending litigation and that the City Council shall not reconvene upon conclusion of the executive session. The City Attorney certified that the subject matters were allowed tol be discussed in executive pursuant to Alabama Law. The motion was seconded by Council President Virginia Smith. Then, upon the question being put and the roll called, the vote was recorded as follows: Ayes: Virginia C. Smith William S. Pritchard III Graham L. Smith Lloyd C. Shelton Gerald A. Garner None Nays: There being no further matters for discussion Council President Virginia Smith adjourned the formal meeting at approximately 7:04 pm. 6. CERTIFICATION I,Heather Richards, City Clerk ofthe City ofl Mountain Brook, Alabama, certify the above is at true and correct transcript of the regular meeting ofthe City Council ofthe City ofl Mountain Brook, Alabama held at City Hall, Council Chamber (Room A-108) on May 13, 2024, and that thei meeting was duly called and held in all: respects in accordance with thel laws oft the State of Alabama and bylaws oft the City and that a quorum was present. J:Minutes & ArmdacCamaui,A.0Aas Minutes.o docx May 13,2024 MINUTE BOOK 94 275 City Clerk Approved by City Council June 10, 2024 EXHIBIT1 RESOLUTION NO.2024-070 BEI ITI RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that the City Council hereby accepts the proposal submitted by Architectural Graphic & Design Specialties, Inc., in the form as attached hereto as Exhibit A, with respect the Wayfinding signage-replacement panels within Mountain Brook. APPENDIX1 EXHIBIT2 RESOLUTION NO. 2024-071 BE IT RESOLVED by the City Council oft the City of! Mountain Brook, Alabama, that City Council hereby authorizes the execution ofa contractor agreement between the City and' Thel Pave Team LLC., int the: form as attached hereto as Exhibit A, with respect to. Brookwood: Forest Elementary School parking lot ramp. APPENDIX2 EXHIBIT3 RESOLUTION NO. 2024-072 WHEREAS, the City ofl Mountain Brook, Alabama, has certain items of personal property WHEREAS, Section 11-43-56 oft the Alabama Code of 1975 authorizes the municipal NOW, THEREFORE, BEI ITI RESOLVED by the City Council of the City of] Mountain Section 1. Iti is hereby established and declared that the following property, as described in the form as attached hereto asl Exhibit. A, owned by the City ofl Mountain Brook, Alabama are no longer needed for public or municipal purposes and is hereby declared surplus property; and Section 2. That the City Manager, or his designated representative, is hereby authorized and directed to sell said property by way of public Internet auction or to dispose of said items not sold. which are no longer needed for public or municipal purposes; and governing body to dispose of unneeded personal property. Brook, as follows: APPENDIX3 J:Minutes & AEmACama.i2ADAdis Minutes.docx May 13,2024 276 MINUTE! BOOK93 EXHIBIT: 4 RESOLUTION NO.2024-073 BEI ITI RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that the City Council hereby authorizes Sain Associates to prepare, for and on behalf oft the City Council, and the City Manager an application for a TAP grant for two-three segments of sidewalks int the City of Mountain Brook. APPENDIX4 EXHIBIT 5 RESOLUTION NO. 2024-074 BE IT RESOLVED by the City Council of the City of Mountain Brook, Alabama that the City Council hereby accepts the professional service agreement submitted by Skipper Consulting, Inc., in the form as attached hereto as Exhibit A, withi respect to traffic calming analysis and design for Halbrook Lane and Arundel Drive. APPENDIX5 EXHIBIT6 RESOLUTION NO. 2024-075 BEI IT RESOLVED by the City Council oft the City of Mountain! Brook, Alabama, that the City Council hereby accepts the proposal submitted by Alabama Power, int the: form as attached hereto as Exhibit A, with respect to the installation of surveillance cameras in and around. Jemison Park" Trail. APPENDIX 6 EXHIBIT7 RESOLUTION: NO. 2024-076 BEI IT RESOLVED by the City Council of the City of Mountain Brook, Alabama, that the City Council hereby awards thel bid to CB & A Construction for thel Mountain Lane and Montevallo Lane Area Drainage Improvements project (B-20240415-925). APPENDIX7 EXHIBIT8 ORDINANCENO.2161 :Minutes & AEmaiaCamsig,AcD.s Minutes.docx May 13,2 2024 MINUTE BOOK 94 277 WHEREAS, the City of Mountain Brook, Alabama (the "City") operates ai network ofstreets and WHEREAS, many oft those streets and roads are: residential ini nature and are not appropriate forl heavy WHEREAS, for a variety of reasons, some of those residential streets and roads have become "cut through" streets, causing levels oft traffic that are unreasonable and excessive, despite the availability of other convenient roads and streets that are designed and suitable for higher traffic levels; and WHEREAS, the City Council of the City of Mountain Brook (the "City Council") has determined that iti is in the interest oft those who live along such streets, as well as members of the public that utilize them, that, in certain circumstances and when supported by engineering data, streets may be restricted tol local traffic only and through traffic may be prohibited altogether, except as is necessary for fire. prevention and suppression, law enforcement or other emergency purposes; and WHEREAS, the adoption of an ordinance toj permit the City Manager to designate streets for local use only and, thus, to prohibit through traffic on those streets will promote the public safety, health and general welfare of the City's residents and those who use the affected streets. NOW, THEREFORE, BE IT ORDAINED by the City Council oft the City ofl Mountain Brook as Section 1. Chapter 50 of the City Code shall be amended as by adding the following section: (a) The City Manager is authorized to prohibit the use of any street for through traffic, thus restricting said street tol local traffic only, after determining on the basis of an engineering and traffic investigation that the use ofstreets sO designated is not reasonable or safe under the conditions found to exist on such streets, which prohibition shall be effective when a sign prohibiting through traffic is (b) For the purposes oft this Chapter, "through traffic" shall refer to motor vehicle travel on the designated street that neither originates nor terminates oni the designated street. Motor vehicle travel shall be deemed tol have terminated on the designated street when such vehicle has ceased travel at a (c) The operation of emergency, public safety, or public service vehicles under emergency or Section 2. This ordinance is cumulative in nature andi is in addition to any power and authority which Section 3. Ifany part, section, or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed toi invalidate ori impair the remainder of this ordinance, which shall continue in full force and effect, notwithstanding such holding. Section 4. All other ordinances or parts of ordinances heretofore adopted by the City Council of the City of Mountain Brook, Alabama which are inconsistent with the provisions ofthis ordinance are Section 5. This ordinance shall be effective immediately after adoption and publication as provided roads within its jurisdiction; and loads of traffic; and follows: "Sec. 50-22-I Designation of Streets for Local Traffic Only. erected on such streets giving notice thereof. destination point on the designated street. exigent circumstances shall be exempt from this section." the City of Mountain Brook may have under any other ordinance or law. hereby expressly repealed. by law. JMinutes & Agemdia/Coumai1.2024202420240513Mmues.docx May 13,2024 MNUTE! BOOK 94 279 May7,2024 Mr. SamG Gaston CityofN Mountain Brook Mountain Brook, AL Re: Wayfinding Signage- ReplacementP Panels Sam: Forti thew wayfindings signage: Replacement Graphir-Panels kseed drawingsf ford details Backgroundp paintedDarkB Bronze Paintedc CustomG Greena andCustom GoldB Border Reflective Golda andReflectiveV White Graphics DigitallyP PrintedLogo Material Costfc forl Large Panels- Installation- (2)ats 5250 (each).. MaterialC Costf for SmakP Panels- -Qats800leach.. Material Costk for Small Panel (Logo Onlyl-()at$72514 (each).. Installation- (4ats175leach). Terms: 50%D Down Payment, Balancec on Completion Sincerely, C8 CarterN M. Brown, ViceP President Architectural Graphic& &Designs Specialties,l Inc. Wel lookf forwardt towv workingw withy youonthisproject. Fallowingisthepicingt fort the replacementp panels $2,090.00+tax $500.00 $2,400.00+tax $725.00+tax $700.00 SIGNAGE PLANNING DESIGN Alabama 15213-Phone: 205-870-4212- Fax: 205-4700583. JMinutes & AgemdlasCouma1202420249024053Mimutsdox May 13,2024 280 MINUTE BOOK93 J:Minutes & AgemdaiCoumai1.2024202420240513Mimuesdox May 13,2024 BWFR RAMPE PROJECT CONTRACTOR AGREEMENT Parksa andR Recreationv wantse easiera accesst tot thef fieldlo locatedb behind (BWF)f facilities. Thee existingv MINUTE BOOK94 wea accesst thef fieidf for ourroutiner maintenanceis isblockedo offbyac concretec curbv whichr requiresu usto traversev verye expensivet turfmowerso overt thec curb, andp putst thema atr riskf ford damage. Thep project! (BWF) rampv wille entailr removinga aportiona ofexistingc curba andt thes smallg grassi island attachedto tot thes sidewalk. Thent thece contactorv willexpandt thes sidewalkf from4 4ftto1 10fta andb blendaramp upf fromt thea asphaltg gradet tothes sidewalkg grade. Thisr rampv willa accommodatet thev variouse equipmentr neededton maintain! (BWF)f field. Thisp projectisbudgetedf for 2024a andhasb beena approved byT Tommy Prewitt( (BOE)a andp PrincipalP Pitner. 281 The Pave Team, LLC, an. Alabama limited liability company (hereinafter the "Contractor") enters this Contractur Agreement ("Agreement") with the Chy of Mountain Brook, Alabama, mumicipal corporation ("City"), eflectivea as oft thedate last executed bya party below (the" Effective Date"). Contractor and City mayb be individuallyr referencedh hereina as" Party" or collectivelyas" "Parties." Project. Unless otherwise stated on the ettached Exhibit A- Specifications (whichi incorporated byr reference), Contractor,a atitse expense, will fumish allthel labor, materials, supplies, supervision, ande equipment neededt toperformt thew work, servicesa and operations (collectively, the" "Work")a at the sited designated below (he" "Site") on the project (the" "Project"): Namec ofProject: Brookwood ForestE Elementarys SchoolP Parking LotRamp Siteo ofProject: Brookwood ForestE Elementary 2.5 Scope afv Work. Thes Scope ofWorki issetf fortho onE ExhibitA A (whichi inchudes the April 16, 2024 Contractor Proposal andt the Project Plans) theti is attached and 3. Undertaking of Parties. Contractor agrees to perform the Work in accordance witht thet terms, conditionss ands specificationi int this Agreementa andon! Exhibit A. City agrees to compensate Contractor as set forth herein and perfor its other responsibilitiess setf forthi inf theC ContractI Documents. Effective! Datea andt thereafter continuei ine effectu uptof four (4)months (he" "Term"). The periodinw whicht thec Contractory willo completet the-Projectiss set forthonE ExhibitA. Notwithstanding the provision immediately above or any otherl language herein, City may terminate this Agreement before the expiration of its Term at the time designated inay writtenr noticet to Contractori ifeach oft thef following! haveo occurred: (a) Contractor) hasd defaultedo ona materiald obligationt tot the Cityb hereunder(a" "Default"); and (b) following the City's provision of written notice of Default to Contractor, the Contractorf fnilst too correcto orr remedyt that Defuity withinf fifteen (15)days after receiptof that notice. Thef failure oft the Contractor tot timely performt the Works shallb be considered an event ofl Default. This remedy is in additiont to: anyo otherp providedh in theA Agreement Contract Prie-lineiwCarifatier Unless otherwises statedi int the Special Conditions on Exhibit Ao or agreed inas writing signed by the Parties, City will pay Contractor the lump sum amount of Six Thousand, Four Hundred and Fify Dollars (36,450.00) as compensation for performing the Work (the" "Contract Price"). Unless agreedi inay writing ors amendment to this Agreement thati is signed byd dulya authorized 3701 SI Brookwood Road, Bimingham, AI3 35223 incorporatedherein. 4. Thes term ofthis Agreement shall commence onthe oravailablet toCityu under lawo orinequity. representatives ofboth Parties, thet totala amountp payable 1o1 the Contractor for the Work TheCitywill, payth the Contract Priceo ont thisP Projectasf follows: Within ten (10) days following the successfiul completion of the Project, Contractor wills submit to City Project Representative ani invoice fort the Contract Price (asa adjusted by anyr mutually agreed changeo arders signed by both parties). With such invoice Contractors shalls submit records reasonablys supporting itsp payment. Within five (5)d daysf followingr receipto ofu thati invoice, Cityl Projoct Representativey willr reviews same, consulty with Contractora andmakea anym mutually agreedn modificationst toit,c certify thatthe invoice isduetob bey paid, andf forwardd thatc certifiedi invoiceb tot the City Clerk. The City Clerk willr remit tot the Contractort the amounto certified forp paymenty withint twenty (20) 6. Warranties of Contractor. The Contractor warrants each ofthef following (a) thatite expeditiouslys willp performi its Work ina gooda andy manner thati is consistent with level of skill and care thaty would be provided byo otherc contractors performing operations under thes same or similarc conditions, andina accordancev witht theF Projects schedule; (b) thatit, anda allo ofitse emplayees or anys subcontractors (ifa authorized), will complete the Work in compliance with all codes, laws and regulationst thatarea applicablet totheP Project; (c) thatb before commencingt they Work, atitso oWD expense, the Contractor willo obtaina alll licenses, permits or other governmental authorizations needed to complete the Project, including without limitation, a business licenses andb building permit issuedb byt the City (collectively, "Licensing"). Contractor further agrees to mmintain that Licensing throughoutt thep performence oftheP Project; (d)thatit hasi inspected the Sitea ands anyo other locations aty whichi it will performt the Work, and,b basedo ont thatin inspectiona andit its expertise, that ithasd determinedt thateacho ofthosek locationsis is reasonably suitablef for Contractorte toc completet the Work; (e)t thatti the Contractors shall ber responsible toremovea andp properly dispose ofa any debrisr relatedt toi its completion ofu thel Project, and thati itwill leave each locationy whereti the Worki is performedi ini reasonably clean condition; () thatt the Work willbef free ofenyr materiald defectsi in workmanship: and materialsf fora period ofc one (I)y yeard that shallo commence ont the date ofc completiono oftheP Project; and J:Minutes & AgmawCamaingiama8s3 Minutes. docx (g) thata alla actionsr required tobet takenb byoronb behalfo ofthe Contractort to enter or executet this Agreement, and to perform its obligations and agreements! hereunder, have been dulyt taken, and the persons signing below on behalfo ofContractori isauthorizedte executet thisA Agreement. 7. mbyhatae (a) Insurance. For the duration oft this Agreement andf for limits not less than stated below, Contractor, atit itss solee expense, shallr maintain the following insurance with acompany(ies)! lewfully authorized todob businessi inA Alabamat andn reasonebly accepteble QComprehensive General Liability: Seven! HundredF Finy7 Thousand Dollars ($750,000.0 00), combineds singlel limita anda aggregate for bodily injurya and propertyd damage. This Comprehensive GeneralI Liabilitypolicy shalli includec coverage for premisesloperations, productsicompleted operations, assumede contractualo obligations,i independento contractors, and broadf fomp property damage; () Automobile Liability: Automobile Liability covering owned and rented vehicleso operatedv withy policy limits ofnot) lesst thans Seven Hundred Fifly Thousand Dollars ($750,000.00) combined single limit and aggregatef for bodilyi injurya andp propertyd damage; (i) Workers Companstioufmploygrs, Liability: Workers'" Compensations as required! by statute and Employer's Liability withl limits ofFivel Hundred ThousandI Dollars ($500,000.00) pero occurrence. The Contractorn may satisfy itsi insurance obligations! hereundert througha combinationof primary, umbrella ande excess policies. Before thee execution oft this Agreement, the Contractor shellp provide Citya certificate(s)ofh insurancee evidencing compliance withth the requirements int this section.1 Thec certificate shall name Citya as ana additionali insuredo on thec Comprehensive General Liability, Automobilel Liability, anda any: applicabler umbrella (b). Safety. Contractor agreest thati it(a) bast thes solen responsibilityt toi identify sny conditiono orh hazarda arthes Siteo oro other locations on City propertyt thatw willp preventit itfrom safely performingt the Work, and (b)ise exclusively responsiblef for performing the Work inas safèn manner that does notp put at risk the safety ofy persons or endanger property. Contractor shallb take all reasonable precmutionsf for thes safety of, ands shall provide all reasonable protectiontop prevent damage, injuryo orl losst to: ()itse employees andallo other persons who may be affected by the Work; (i) all the Work and all materials and equipment tob bei incorporated thercin, whetheri instorage ond ord offthe Site, or under the care, custody or control ofthe Contractor or any ofitsn representatives; and (in)o other (e). Indemnification. Contractor agreest to defend, indemnify, andh holdi harmless Cityandits agents, employees and officials (hercinafter collectively, the" "Indemnitees") from and against all demands, actions, liabilities, expenses (inchuding reasonable shallr note exceedt thec ContractP Price. toCity: daysa afteritn reccivest thatc certification. withr respecttoits Work: ande excess policies. propertya attheV Works Sited or adjacent thereto. 'May 13,2024 MINUTE: BOOK 93 attorney' 282-r claims for damages bya any third parties (including any employee, subcontractor or representative of the Contractor, hereafler "Contractor Representative") that arise out of, relatet toora arec caused by anyn negligent act, omission orc conduct by Contractor or any Contractor) Representative inp performing or failing to perform the Work orit its (ort their) responsibilities under this Agreement; provided that nothing! herein shall obligatet the Contractort toi indemnifya anyo ofthel Indemnitees for any claimsr resultingf fromt the negligento conductort thev willful misconduct ofthel Indemnites. anys special, incidental, consequential or any otheri indirect damages whatsoever ofany description (including, withoutl limitation, damages for) lost profits, lost advantage, lost opportunity, losso of savings orr revenues or fori increased cost ofc operations) or amount arisingf from( the City'sbreacho ofitso obligationsh hercunder. 8. Project Representative. Each Partys shalla appointa andi indicated onE ExhibitA Aits representative who shall coordinate with the other Party on all matters related to the performance of the Work and the administration of this Agreement (he" "Project Representative"). Anyn notice required hereunders shallbes sufficientiy givenv whens sentto the appropriate Project Representative via United States certified mail, retum receipt requested, or viao overnight couriery withn receipt verificationt tothea addresss setf forthh berein, orbyp personally deliverings suchn noticet tothep partyt tob beinn receiptt thereof. 9. Miscellaneous) Provisions. a. This Agreement whichi is comprised of this instrument, the April 16, 2024 Contractor Proposala and thel Project Plans (collectively, the' "Contract) Documents)sets forthd thee entireu understanding between thel Parties concerningt them natlers herein, undall oral representations, prior negotiations, understandings, agreements, conditions, and terms discussed between them prior to acceptance ands signingo oft this Agreement are deemedt tohaven mergedherein. b.1 ThisA Agreementr mayb bee executedine counterparts eache ofwhichy when executed bythey partiess shallb bed deemed tobcac completeo original. Ane clectronic or facsimile copy ofthe executed contract or counterparts shallb bed deemed, ands shallh hevet the same legal forces ande effectas, ano originald document. C.A Anyf forbearance ord delaya ont theparto ofCityi ine enforcinga any ofitsr rights under this Agreements shall not be construed asa waiver of such rights. Not terms ofthis Agreements shallb bev waived unless expresslyv waivedinw writing. d. Contractor may not assign its rights, obligations or the benefits of this Agreement to anyti third party without: thes written consent of City, which consentn maybe e. ThisA Agreementi is made onlyf fort thel benefit oftheP Parties. Itisnoti intended, nors shalli itbec construed, tog grant or bestow any benefit, right or privileget to anyt third f. Contractor is an independent contractor of City. This Agreement does not create anyp partnership, joint venture or principal-agent relationship betweent thel Parties. Further, City retains no control or authority with respect toi its means and methods in which Contractor (or anyo ofitse employees or representatives) performst the Work. 5 Immigration Law Compliance.. Contractor represents andw warrantst tot theC City that: (it does nol knowingly employ, hiref fore employment, or continuet to employ, in Alabama, an "unauthorized alien," as defined by the Beason-H Hammon Alabama Taxpayer and Citizen Protection Act, $31-13-1, et seq. Code of Alabama 1975, as amended (the" "Act"); ()it wille enrolli int the E-Verifyp program priort to performinga any work on theP Projecti in Alabama ands shally provided documentation establishing thatit itis enrolled in the E-Verify program.. During the performance of this Agreement, the Contractors shall participatei in the E-Verify program as required under thet terms ofthe Acta andsl shally verifye everye employeei in Alabams hatiareqirdiobey verifieda according tothe applicable federalr rules andn regulations; (i)i it wil comply with all: applitable provisions oftheA Acty withn respecttos subcontractors, ifany, thatit engages ont the Project byenteringi into ana agreement witho orb byo obtaininga ana affidavitf froms suchs subcontractors providing work ont the Project in Alabamat thats such subcontractors are in compliance with the Act with respect 1o their participation in the E-verify program. Contractor further represents and warrants that it shall not hire, retain or contract with any subcontractor to worko ont thel Projecti in Alabama which itl knowsi is noti inc compliance witht the Act: and (iv)b by signing this Agreement, ita affirms, for the duration of the Agreement,t thatitwilln notv violate federali immigrationl lawo ork knowingly employ, hiref for employment, or continuet to employa an unauthorized alieny within the State ofA Alabama. Furthermore,i ifContractori isf foundtobeinv violationo ofthisp provision,i itshallb bed deemed inbreach oftheA Agreementa ands shallb bere responsiblef foral alld damagesr resultingt therefrom. h. Neithert this Agreement nor any ofthey provisions herein (inchding, without limitation,t thosec concerningt thel Projects Schedule ando Contract Price)n mayb bes amendedor modified except ina accordance witht the terms ofaw writteni instrument (or change order) Neither Partys shalll bel liablet tot the other fora anyf failuret toperformi its respective obligations (including payment obligations) under this Agreement during any periodi in whichi itsp performencei delayed! by circumstances! beyondi itsr reasonablec control, sucha as fire, flood, war, embargo, strike, riot, ort thei intervention ofanys governmental: authority (a "Force Majeure Even!"). However, the delayed Party must promptly provide the other withy written notice oftheF Force MajeureE Event, thed delayedF Party'sti timef for performance willb bee excused onlyf ford the durationo oft thatE Event, and, ifthatE Eventl lastsl longert than3 30 days, thent theo other Party mayir immediatelyt terinate,inw wholeorit inpart,t thisA Agreement This Agreements shall be govemed by, ando construedi ins accordance with, the (&). fLiability.. Inoe event may Contractorn recover from the City signedbyt both Parties. byg giving writtenn noticet tothed delayed Party. lawsofthes Stateo ofA Alabama. withheldf foranyreason. party. (Signature) Page Follows) EXHIBIT SPECIFICATIONS Whereas, theu undersigned, duly authorized representatives ofthe Parties execute thisA Agreemento onb bchalfo ofsheirn respectiveo organizationc onthed date(s) shown! below. CITYOFN MOVTAINE BROOK, ALABKNA IAA By: Mayor Date: 5-13-24 THEF PAVETEAM,LLC By: Is: Date: 1.Scopeo ofWork Seea attachedA Aprill 16, 20240 Contractor Proposal. Contractor performss same. theCity. 3. Project Representatives. CityP ProjectR Representative: Sam Harris 3698B BethuneI Drive Birmingham, AL 35223 Email: hamis@mimbreokog DayT Tel#: 205-438-5506 4. SpecialConditions: TheP Pave Teamw willi installa anew: access rampi intott thef field. Removea aportionc ofthee existings sidewalk, curb, andg gutter Forma andf finisba approximatelyl 10ftwidec concreter rampn meeting ADA compliance Usingo colored4 4000psic concrete IrContractord desireso ori is requirod to performs serviceso ont thel Projectt thatf fallo outside the Scope ("Additional Operations"), the Contractor sball advise the City Project Representative ofther needf for Additional Operations beforeu undertakingt thoses services, the parties shallr reach agreement on the expense of anyA Additional Opcrations andt the City Project Representative shall approve any such Additional Operations before the 2. Proiect Schedule. The Contractor will completet thisp project by July 30, 2024 unless ane extensioni 1s requested in writing bythe Contractor anda approvedi iny writingby Contractor) Praject! Representative: LandonI Ditto 14011 Doug Beker) Blyd. Birmingham, AL3 35242 Email: amder@lepavecimcom Day7 Tel#: 901-337-8828 Project:) Parkingl LotR RampE BWF JMinutes & AgmalasCouma1n2024202420240513Mimutesdox May 13,2024 PAVETEAM MINCTE: BOOK 94 BWFRAMP 283. Aprill 16,2 2024 MOUNTAINE BROOKE PARKS ANDF RECREATION Attn:S ShandaV Williams Concrete Ramp/Access Projecta atB BrookwoodForest: Elementary School belowf fort thea abover referencedp project: SCOPE OFI WORK TOI INCLUDE: TOTAL PROIECTCOSTIS6450 TheP PaveTeamisp pleasedt to offera allnecessary! labor,n materials, andequipment toc completet thes scopec ofv workl listed demo/remove portiono ofe existings sidewalka &curb/gutter: ande existingcurbi islanda andh haula aways spoils. "form/place/finishr new concreter ramp( (approx.1 10'v wide)m meeting ADAC compliancy andf form/place/inish portiono ofnews sidewalkt toa allowi foraccessf fromp parkinglot. (coloredo concretet tobe 4000PSI) "ensuret thatt the worka areai isleft Inpristinec condition uponp projectcompletion. EXCLUSIONS:Prvatel Locate, UtlityR Relocation/Repair, Towing. Unsuitables Solls,E Engineering, Permitting. Landscaping. Thanky youf fort thec opportunltyt topartnerw withyouo onthisp project. Wel lookke forwardtow workingw withth the) MountainB Brookt team! LANDOND DITTO londonelheponstam.om 901.337.8828 BWF RAMPS SKETCH Removee existingo curba andb blenda flarede entrancer ramp J:Minutes & AsmisComainpip2dtpa0: Minutes.docx May 13, 2024 284. (Public Works and PD) MINUTE BOOK 9371500G Gray/Green Chevrolets Silverado Surplus Vehicles/Equipment May 2024 Vin:3 3GCPCREC3HG290626 Miles:1 144815 replaced. UnmarkedP Police vehicle- does runa and canb bec driven, but toh havea issue. Has been 2016F-5500 CrewCabH HDT Truck Vin: 1FDOW5GT9GEA84680 Miles:5 57341 Public Works Construction Crewt truck-hasa abadn motor. Hasb beenn replaced. 2012B Brown ChevyT Tahoe Vin:1 IGNSKAED8CR284775 Miles:2 201365 Policev vehicle. Runsa ando canbec driven. Hasb beenn replaced. 20131 White FordF-150 Vin:1 Miles: 193086 Surplus UnmarkedP Palice (SRO)V vehicle. Hasb beenre replaced. Doesn run andcanbed driven. PopE Beads-32 Severall back: seatsf fromp patrolcarst thatv werer removed whenc cages werel Installed. Swinglinel Paper cutter- -22",1 Minutes. & ERrCAm1DD2I.BN Minutes. docx May 13, 2024 Glacier Bayv Water Dispenser-1 BOTTOMLOADING 1005 43215 GLACIERBAY bottomk load water dispenser MINUTEBO 285 Qty:1 Bpu T P DVD:RI2S0 12 286 TEBOOK93 54 compulGeks bronss Universal Counter Stand (10u ) Minutes & M64C3E.0A0I0N03IN Minutes.docx MNLRE BGOK Qty Minutes & asiCounci1202-2by: May 13, 2024 Qty: 1 ty:1 Qty: 105122 CNE Eoder MANUTI EBOOK 289 MCne MINUT BOOK93 a MeLN Mmutes & Agendasie nci12024 Toughbook! Laptop CF52PFNBXIM Toughbook Laptp) 3KTYA37928 FZ-G1T Tablet 3FTYA13703 FZ-G1Tablet 3FTYA13747 FZ-G1T Tablet 3FTYA14527 ought Toughbook Laptop) ackard ProBook Laptop CNHU41490D Laptop Desktop PC NP500F Projector 9500557FJ Pavillion DV1 1000 CNF61500S7 G70-463CL Pavilion DV9 9000 CNF72731JH Desktop PC MINUTE BOOKFgme 291 Panasonic Panasonic Panasonic lewiet Packard Dell Inspiron HP Compag NEC HPLaptop HPLaptop HPLaplop HP-Keyboards Sim Model DellLatitudeE E6440 Laptop HPPavillion Desktop PC ACER HPPaVlion Desktop PC CND635112D PanasonicCF-52 Toughbook Laptop GETYA60139 Fellowes Shredder P48-C HPF Pavillon Desktop PC CNH7490BQ5 HPP ProOne6 600 AllinoneP PC MXL42000STK NikonD D40 Wiredk Keyboards Qty.6 Epson Polycom Avaya Fyjtsu TW3 Acer Wall Server 3KTYA ST 5MX48F3 2UA3121WML 2CE926VB1 (Oty. 11) 3DRH582 PTSB8GAAICYAFORASTD2 nla nla Digltal Camera 3630220 Scanner M2672 TC6F058088 aly.6 6DeskF Phones Inla Ory.1DeskP Phone nla FI-62309 Scanner 12343 Desptop PC TW3TFCCLB725021B Desktop PC Nos Serial Number? Firewall NSA3 3500 0017C5B677 Battery Backup SC450RM1U PSRackN Mount P39J2729 Rack Mount Server 173301970 Desktop PC 4019 Toughbook! aptop 3KTYA37963 top 9CKYA5603 Toughbook Laptop 4ATYA43300 Cisco ASA-5505 Security Appliance JMX1249244U HewiettP Packard LaserJetP P2035 CNB9G10897 J:Minutes & Agmdas/Comal1202420.40513Minutsdoxk May 13,2024 292 WORK AUTHORIZATION TO: Som Gaston CllyM Manager, Cilyo ofMountainB Brook Curie. FROM: Nathon P.E. Alicia Balley. PE. DATE: 5/8/2024 SUBJECT: FY20251 TAPA Application PROJECT#: 24-0182 SCOPE SAI MNNUTE BOOKI SBPIENS Authaization 2025T TAPA Application ASSOCIATES TwoPeinerfartsars 0fpit 5/8/2024 Page2 SainA Associalesh hasp providedt thisp proposaly witht theu firmt top performy professionols servicesb based upon ours stall'so qualfications, experienced reputationo andr nots solely upont thec costo ofthes servicesp proposed. Wet trustt thefe fees oullined herein are acceptablec andy withiny yourp projectbudgetoryi plons. Wek lookf forwardto oft thev work and willb beg glodi lo address anys questions orconcemsy youh have regarding! thet technicals scope additionaly pricesf fort thes scopec ofworkl hereinf from otherd consulingenghneese lands surveyors. please our proposaly Administrative Code 330-X-14-05/). Sincerely, ASSOCIATES.INC. ApGi Nathano Curie,P.E. moesclomagei/socole AL #32400 Alicobaily AliciaBailey.P.E. PracticeL Leader/S.Pincipal AL# #26339 TemsaCondtions. (Sch.2 2024 thaty youh hoves selectedour and offeesf fort thisp proposal. lfyous shouldrequest order tocomply with Alabama Sain Associates wil coordinate with the Cily and prepare an application for request of TransportationA AltemativeF Program! TAP) funding forproposeds sidewalkir improvements. Basedon initial discussions with the Cly.2 proposed sidewalk segments will Eikely be in the application. Soin wil discuss preliminary costs ando challenges with the Cily to assist ins selecting these2 2prelemedsegmenst fort the application. Upons selecting the sidewalk segments forh Inclusioni int the application. Sainy willy visitt thep project arecs and collect pholos and data necessary for the applicotion. Sain will prepare the application, dlongw witho detailedo coste estimates, maps, ando ofhers ofsupporti rom the Cityo ands surounding properlys ownersv wouldin improvet the compotitiveness of thec application. andSainw willinclude anyoft thesel lettersp preparedo orc collectedbyt the wmsmoxdepwaidnas applicationbyt theCily. Sainy willsubmitt thec applicotiontoA ALDOT andi thel BUDGEI $8750lumpsum STATUS Wec are avallcblet 1os starty worki immediotely onp preparation of the duenok lotert thonA May 314, sos Sainy willprovidet the completed applicationf fort finald approval Iby the Councllatthek May 28m meeling. IV. TERMSA ANDC CONDMTONS Thisc ssubjecttot thee enclosedT Terms andConditions. you outside thes scope of service specified will be performed on a time andn moterials basis accordingt tothes schedule ofratese enclosed. Anyn modification tot thiso contracto documentr must bec approvedi inv writing by bothp partiesw witho approvall indicated by eachs signatory's Iniials and thed daled ofapproval. HOTOHALIMITATIONS Wen reservel therightte withdraw orn modify thisp proposolif fnoto contracledw withiné 60days. ROVEO Representative Stanart WhHapor 5-13-2024 included documents. Letters suppartings Ciy. Commission of Greater Biminghamf ford considerationolo award. Applications are servicesr requiredby Fagine Beiher rihipr SAIN ASSOCIATES, INC. TERMS AND CONDITIONS SAIN ASSOCIATES, INC. TERMS AND CONDITIONS JMinutes & AgmaasCoumcl202420.42024033Mimuree May 13, 2024 HalbrookL lanea andArundelD Drive Additionalv Work Mountain Brook, Alabama ProfessionalServicesA Halbrookl Lanea andArundelD Drive AdditionalWork Professionals ServicesA 293 MINUTE BOOK 94Mountains Brook,A Alabama lcomplications or other unforeseenf factors cause ac changeir inthes scope ofWorko outinedi Exhibit" "A', tho Consullant wil notilyt the Clientin Inv wrilingoftho changos anda anya adustmentst tot the feer requiredby such change. lthe Client wishes tou undertake tasks thata arei identified as beings outside the proposed ofs services, the Consullantv wills submit ap proposal for the additionalw No work or services other thant those contomplated herein shallb be performed without thev written approval ofthe Ifor any reason, payment for uncontested amounts reflected on Invoices ls more than 30 days delinquent, the Consultant shall have ther right to stop work ont the assignment untls such paymentis made. The Consultant wil notb be liable fora any delays to projects schedules caused for Buch work The Client shall have final right ofr roview and approvalo ofalip plans ands specifications that shall be dellveredinc connection witht theperforance ofthe Services; however, reviewa anda approvals shallnotbe Ther rights and obligations oft the parties tot this Agreementn may not be assigned ort transferredt to any otherp person, fim, corporation, orc othere entityw withoutt thep prior,e express,a andv writenc consento ofthec other party may this Agreement upon days' written notice to the other party should the nof faullofthep party desiringto toterminate. Inthee eyentoftemination ofthisA Agreement, duet tothefaultof person or party other than the Consultant, Consultant shall be paid for Services performed to The Consulant agrees to fumish consulting services only relaled to theF Project. Consultant shall be ThisA Agreement (includingE ExhibitA andt the Addendum)s shall consttutet the entire agreement belween preceding the date of this agreement shall not be binding upon elther party except to the extent Anym modificationo ora amendmento ofthis/ Agreements shallbeb binding onlyl fplacediny writing ands signedby This agreement shallbog govomedb by, construed, ande enforcedin accordancev with thel laws ofthe State a Thef fallure of elther party to this agreement to Insistu upon the performance of any oft thet terms and ofthis agreement, or thew walver ofanyb breach ofany ofthet terms ando conditions ofthis agreement, shal nolb be construed ast thereafter waiving any such terms ando conditions but the same shallcontinue: andre remaininfull force ande effoctas" Mfno suchf forbearancec orwaiverh hado occurred. Thei invalidityofanyp portion ofthis Agreementw willnotands shalln notbed deemedtos affectt thev validityo ofany other provision, Int the eventt thata anyp ofthis thatthen remainingp provisionss shallbed beinfullforcea ande effect. Neitherp partyto tot this Agreements shall bel liabletothed otherf foranyloss, cost, ord damages, arising outf from orresultingfr from, anyfs failuret top performina accordancev with its lemmsy wheret thec causes ofsuchf fallures shall occurd dueto eventsb beyonde aparty's reasonablec control, indude, butnot!i limitedto,! thef following: actsof God, strikes, lockouts, or other industriald disturbances, wars, whetherd declaredo oru undeclared, blockades, PROFESSIONAL SERVICES AGREEMENT Between Thec City ofM Mountain Brooka ands Skipper Consulting, Inc. ThisA Agreementisn madob by andb betweent the Cityo ofMountainE Brook, Alabama ("Client"), at 56 Church Street, Mountain Brook, Alabama 35213 and, Skipper Consulting, Re ("Consultant). doingbusinessa at3 3644V Vann Road, Suitet 100,B Birmingham, Alabama3 35235. WHEREAS, the Clientr requestst thatt the Consullantp performp professionalt traffice engineering services relatedto toatr traffic controld device designf fort traffic calming devices onH HalbrookL Lanes andA ArundelD Drivein the-ChyofMountain: Brook (the" Project"' or* Services"); WHEREAS, thep parties intend thatthe Consullantbea authorizedte tos starty work onthes serviceso outlined inthisa agreement upone executiono ofthisA Agreement, and WHEREAS, the Clenta and Consullant agreet thatthes Servicesbep performed pursuantto tot thet termsof thisA Agreement together with the attached ExhibitA andt the Addendumr related hereto, which wrillngs constitutet thes antire agreementb betweent themn tothisa assignment 1.. thisA Agreement: SEES SCOPEC OFV WORK SETF FORTHONE EXHIBIT"A" The Consultanta agreest top perform Its Services inan mannert thatis consistentv withp professionals skila and caret thaty wouldbep providedb byotherp professionaisin initsir industryu unders sameors similarc condations, andin theo orderly progresso ofthef Project. 2. CLIENTS RESPONSIBILITIES: Client, atits expense, will provide the Consultant with all requireds sitei contained in is fles. The verification. The Client willo designate representativey whos shallh havet the authorityt tos actonb behalf ofthe Client for thisp project. Thec Clients shallp witht the Consultantb byp providing allinformations ando criterial atimely manner, review documents and make decisions on project Consultanttop performthes scopeo work within 3. COMPENSATIONIE BILLING/P ands Serviceso cutinedin inE Exhibit" "A"foraf fixedf fee (Inclusive ofalle expenses)t forafixedf feeInthe followinga amounts: Traffic CalmingA Analysis andD Design The CLIENT willb billf for Its Services monthly based on the work completed duringt the bilingp pariod. Invoices for uncontested amounts are payablew within 30d days fromt the receiptb by tho Clent, ands such payment shall not bec contingento or dependentu upon any conditions orany action or undertakingofthe Client athert thant those conditions, ifany, specificallys setforthint this Agreement. Client. stoppage. TERMSA ANDO CONDITIONS unreasonably. parly. Either defaulting partys substantially fall toperforma anyori its material terminationd date. responsiblef forc thep parties conceming the matters herein, and any prior incorporatedir intoth thisA Agreement. oach partyo orana authorizedr representative ofeachp party. ofAlabama. SERVICES: The Consullanta agrees lop perlorm thef following Services under 10 witht thatofClient. intheA Agreementt through exislingp plans, reports, studies, projectschedulesa ands similari informationt thatls may rely on the information provided by the Client without or ofanyk kind s X tot the extent necessary to allow the schedules. Skipper ConsultingInc. willundertakes andp performt the $ 17,200.00 is held.to bek invalid, thep parties agree 1of4 2of4 Halbrookl Lanea andArundelDriveA AdditionalWork MountalnB Brook, reasonablec controlofetherpary. servicoso outlined. Projecto on anyo ando By: Tile: Date: ServicesA Agreement Halbrookl LaneandA ArundelD DriveA MountainB Brook, Alabama aasmiknigreme riots, governmental action, explosions, fire. floods, or any other noty within the Consultants shalls secure andmaintains suchi insurancea asisr ontheA Addendum. Clients shall provide Consultant accesst tot the Projects siten necessaryf fort the Consultant to providet the The Client's reuse ofa any report, documents or otherd deliverables prepared by the Consultant for the Thep personss signing his regimentv warrantt thatt theyh havet the authorityt tos signo on behalf ofthe Client CLIENT: CITYOFMOUATAIM DOK, CONSULTANT: SKIPPERC CONSULTINGI INC. PrintedNarye: Sturt Wekh PrintedName: RichardL. Caudle. PE. EXHIBIT" "A" SCOPEC OFV WORK The shallp performt thef following scope ofworkn relatedtot thed design oftraffico calmingd devices forHalbrookL Lane andA Arundel Driveinthe CityofMountain Brook: Perform traflic counts ands speeds studies fora2 24h hour period ona av weekday on the following roadways: KyleLane Orleans Road. ChristopherD Drive Consulty with the City Attomey andother Citys staffte top prepare fort thep preparation ofatruckr route andtruckn restriction ordinancef forthe City designfor: Speed hump Installations on Asbury Road and Halbrook Lane near the Mountain Temporarys chicaneso onA Asbury Road, ArundelDive, andHalbrook! Lane Ater oft the speed humps ando chicanes, perform 24 hourt traffic counts ands speed studiesonthef Cromwell followingn roadways: Arundel Halbrookl Lane ChristopherD Drive Drive andH Lane thef Cromwell Drive Arundel Drive' Lane KyleLane Orleans Road Chrislopher Drive withouwreny verificationbyt the Consultants shallb beatthe Client's risk. CityLimitsline RichaudL. Caudle Senior" Traffic Engineer May6,2024 Mayor 5-13-2024 Date: Title: Consully the City ond constructionofs sldewalkso onA ArundelD Drives andHalbrookL Lane Prepare temporary roadway closurea andd detour planforc construction ofs sidewalks on Arundel Duringt the period oft the tomporary roadway closure, perform 241 hourt traflic counts ands speed Preparoa areportd documentings studyn resultsa andp presentthen resuitso ofther reporttotheCIy J:Minutes & AgemdasCoumal2024202420240513MimuresdAe May 13,2024 4of4 294 ADDENDUM: TOF PROFESSIONAL: SERVICES MIINUTE BOOK93 BETWEEN THE CITY OF MOUNTAIN BROOK AND SKIPPER CONSULTING, INC. TRAFFIC ENGINERINGSERVICIS: (Halbrook) Lanea andA Arundell Drive7 Traffie Calmingl Devices) THIS ADDENDUM TOF PROFESSIONAL SERVICES AGREEMENT ("the/this Addendum") between the City of Mountain Brook, Alabama ("the City") and Skipper Consulting. Inc. ("the This Addendum is part of the Professional Services Agreement between the parties (he "Agreement") concemingt thev work, serviceso orprojectd describedin inf the Agreement Inthee evento ofany canflict between the terms and provisions oft this Addendum and the Agreement, the terms herein supersede ando control any conflicting ori inconsistent terms or provisions, particularly tot the extent the conflicting ori inconsistentt termso orp provisionsi inthe Agreement purport eithert to( (a)o confer greaterr rights orr remedies ont the Contractor than arc provided herein or under atherwise applicable law, or to (b) reduce, restrict, or rights or remedies that would be available tot the City under otherwise applicable law. The Addendum shall remain inf fullf force ande effecty with respect tos any amendment, extension, ors supplement ofort tot thep principal Agreement, whether or not expressly acknowledged or suspendu thec operationo oftheA Addendum ora anyo ofitst terms orp provisions without the expressa approval of Definitions. Forpurposeso ofthis Addendum, thet termsb belowh havet thef followingn meanings: "The Cy"r referst to andi includest the Cityo ofMoumtain Brook, Alabama, andit its constinuentd departments, boards, anda agencics. The Cityn maya alsok ben referenced B. "The (this) Agreement" refers to the principal contract, agreement, proposal, quotation, or other document thats sets forth the basic terms andc conditions undery whicht the Contractori ise engagedtop provideg goods, materials, ors services totheC City, includingt they paymento or otherc considerationt tobep provided bythe C. "The Contractor" referst tot thep person,! fim,oro other legale entity thate enters the Agreement with the City top provide goods, materials, ors services tothe City, andir includes vendors and suppliers providing goods, materials, ands servicest to theC Cityw witho or withouta formalc contracta as wella as (he Contractor'sv vendors, suppliers, ends subcontractors. The Contractor may also ber referencedi inthe 2. Dispute Resolution. Ifad disagreement, claim, issue ord disagreement arises between thep parties withr respect tot the performance oft this Agreement or the failure ofaP Partyt top performt theirn respective rightsoro obligationsh hereunder(a" Dispute"),thep partiesy willu usereasonablee ffortst toresolvea any Dispute atthe designated: representative level. Ifthep parties areu unablet toa amicably resolve any Dispute atthat level, each agree to escalate thatn matter to senior managers ors senior officials for considerationt byand potential resolution by them. Ifthe Dispute isn notr resolved att thes senior level, the dispute resolution mechanisms shall be litigationi ina court withe competent) jurisdictiont thatisl locatedi inJ Jefferson County, 3. Attorney's Fees; Court Costs; Litigation Expenses. The_Citys shalln notbel liablef for attorney's fees, court costs, litigation expenses, and like charges except and to the extent such fees, costs, and charges would be assessed against the City under applicable lawi in the absence of any contractual interest, orf feeso ona anyd delinquent billf forg goods, materials, ors services, andbillsn renderedtothe-Citys shali notbec considered delinquent anye earliert thant thirty (30)d days aflerr rendition ofac complete and accurate billb by the Contractor. Contested bills shall notb be considered delinquent pending resolution ofthe legal entity for, from,o or with respectto to anyo claim, causeo ofaction, cost, charge, fee, expense, or! liability whatsoever arising out ofor relating doest to the subject matter of the Agreement or the performance or nonperformancet forr reliefo thereof, thati nors shallord thec Citys waivei itsr rightt toassertorp pursuea anyn remedyoro claim ofany kind itmay havea againstt the Contractor ora any other person, fim, or entityf for any actual ora alleged default orotherb breacho oflegald dutyo onthepartofthe bchalf. Contractoro ora any person, fimm,or entityi inp privityt therewith ar acting on Contractor's Anyl limitation orrestriction regarding the type, nature, form, amount, ore extent ofa any right, remedy, relief, orn recovery that would otherwise be availablete tot theCityi isexpresslyd disavowed, excludedf fromt thete termso ofthea agreement, andy void. 6. Choice ofLaw; Choicee fVenueo orl Forum. Themeaning, legale effect, ander enforcement ofterms andprovisions ofthe Agreementa andt ther resolutiono ofany disputes arising thereundero orr relating thereto shall be governed by the laws oft the State of Alabama except to thee extent otberwise required by applicable conflict-of-law principles. The venue of anys suit, action, or legal proceeding brought to enforce or secure relief by reason of any asserted breach of duty arising out ofor relating. to the performance or nomperformance oft the Agreement shall be. Jefferson County, Alabama exceptt to the extento otherwiser requiredb bya applicable principlesofl law. 7. Constructiong afAddendum. Nothingir int Addendums bec toc dutyo orl liabilityo ont the City, toc createa arighto arr remedyi inf favoro ofu the Contractor againstt the City, orto s restrict ora abrogatea anyr righto orr remedyt thatisa availablet tot the Citya against the Contractor or any other person, fim,o orentity undere eithert thep principal Agreementorasar matter oflaw. Independent Contractor. Consultant's relationshipt to Client atallti timesi isthate ofani independent a contractor. Consultante exclusivelys controls ther means andn methodsi ins whichi itperforms itso operationsor provides the goods, services oru undertaking describedi intheA Agreement. The Client doesr notr reserves any righto of controld over Consultant's operations or thes activitiesi utilizest top perform itso obligationsi int the Insurance) Reguirements: Forthed duration Agreement andf forl limitsn notl less than stated below, the Contractor shall maintain the followingi insurance witha company(ies)! lawfully authorizediodob businessin int thek location ofthe Projecte andr reasonably acceptablet totheCity: . Comprehensive General Liability: Thisi insurance shall cover all operations performedb byore onb behalfo ofC Contractor, andp provide coveragef for bodilyi injurya and provisioni imposingora assigning! liabilityt therefor. 4. Late Payment Charges; Fee; dispute. 5. Indemnification; Hold-Harmless: shall not and does noti fora betweent thep parties. Interest. The Citys shalln notbe! liablef any late payment charges, Release; Waiver; releaset Limitations the ofLiability ork Remedies. TheCity indemnify, holdh harmless, orr Contractor or any other person, fim, or incorporatedd thercin. Noagent,e emplayee, theN MountainE Brook City Council. ofthe Cityisa authorizedt tov waive, modify, or inthe Agreement ast the" "Client." Cityin inexchanget therefor. Agreementa ast the" "Consultant." thisA shallb construedt createo ori imposea any X 8. Agreement. 9. Contraclor's) ofthis Alabama. Pagelof4 Puge2of4 property damage with a combined single limit of not less than $500,000 per occurrence. .2 Automobile Liability: Ifthe work or services performed by the Contractor involves use of motor. vehicles on publics streets, Automobile Liability covering owneds vehicleso operatedb by Contractorv withp policy! limitso ofnotl lessti than Fivel Hundred Thousand Dollars ($500,0 000) combineds singlel limita anda aggregate for bodilyi injury andp propertyd damage, pero occurrence. 3 Workers Compensation: Workers' Compensation and Employers Liability as requiredbys statute. 4 Professional Liability: IF Contractor is providing professional services, Professional Liability covering its performance ofp professional services withp policyl limits ofr notl less OneN Million Dollars( ($1,000,000)pere claima andinthes aggregate. Contractor may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided thats such umbrella or excess insurancer results int thes samet type ofcoverage as requiredf for thei individual policies. Thesei insurance requirements areir inadditions toa andd donotal affecta anyir indemmificationc obligationo ofContractorh herein. All policies, except fort the Workers Compensation and Professional Limbility policies shall contain endorsements naming the City, anditso officers,e employees anda agentsa as additionalr namedi insuredw with respecttol liabilitiest thata ariseo outo ofendre resultf fromth thec operationsofthe Contractoro oritsp performanceof Services orv work. Thea additionaln namedi insurede endorsements shall notl limitt thes scopeo ofc coveraget tothe City lo vicarious but liability, shall allowo coveragef the City to the fullest extent provided by the policy. Alli insurancep policiesr requiredh herein aret tobep primary andn non-contributorys witha anyi insuranceo ors self- insurancep programa administerede byt theCity. Before of Services hereunder, Contractor shall provide the City a certificate(s) of insurances ande (includingt thea additionali insurede endorsements) evidencing compliancey with the in this section. This certificate(s) shal! provide that such insurance shall not be terminatedo or expirew withoutth thirty (30)d daysa advancen noticetothe-City. 10. for Claims by Third Parties. The Contractora agrees to defend, indemnify, and hold harmless tbe City, and its agents, employees and officials (collectively hereinafter the "Indernitces") from and against all demands, actions, damages, judgments, expenses (including but not limitedt toa attorneys' fees, expert fees, court costsa ando otheri litigationo costs), losses, damages, and claims (includingt those forb bodily injury, sickness, diseaseo or death, ortoi injuryt to, destructionc ork loss ofuseof tangible property, ort thosef forf financial loss or damages, collectively hercinafter" "Claim(s)") thata are made against the City by anyt third parties (including any employee, agent or representative ofthe Contractor, collectively" "ThirdParties)toth the extent thats such Claimsa arec causedora allegedly causedby ther negligence oft the Consultanti int thep performance ofits Services, its warko ont the Project describedi in theA Agreemento orit itsfa failuret performit its obligationsi inthe Agreement. 11. EXCLUSION OF CONSEQUENTIAL. COMMERCIAL TERMS HEREIN WEREI THE CONTRACTOR. AGREES AND ANDI BASED ON1 THE ASSUMPTION THAT ACKNOWLEDGES THAT, IN THE EVENT THAT IT ASSERTS ANY CLAIM, DEMAND OR ACTION OF ANY1 TYPE AGAINST THE CITY ARISING FROMI ITSA ALLEGEDE BREACHOFT THE AGREEMENT OR ITS FAILURE TOF PERFORM ANY OF ITS OBLIGATIONS: THEREUNDER, THE MAXIMUM AMOUNT THAT THE CONTRACTOR MAY RECOVERE FROM THE CITY AS DAMAGESIN/ ANY: SUCH ACTIONISI LIMITED TOT THE ACTUALI DAMAGES1 THATI DIRECTLY ARISE FROM THATI BREACH. THE CONTRACTORI FURTHER ACKNOWLEDGES THAT THE THIS SPECIFIC LIMITATIONI IS APPLICABLE, ANDT THAT THE CITY WOULDN NOT ENTERED INTO1 THIS AGREEMENT WITHOUTI INCLUDING1 THISL LIMTATION. INN NOEVENT WILL THE CITY BE LIABLE TO THE CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR OTHER SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR OR FOR INCREASED COST OF OPERATIONS. NOTHINGI INT THIS PROVISIONIS INTENDEDT TOI IMPACT, MODEY, AMENDO ORI LIMIT THE TERMS OR APPLICATIONOF THE INDEMNIFICATION PROMSION IN THE PROVISION ABOVE THAT PERTAINS TO CONTRACTOR'S OBLIGASONS TO INPEMNIFY THE CITYE FOR CLAIMS MADE. AGAINST CITY: CITYO/IOUNTMA ROOK CONTRACTOR: SKIPPER CONSULTINGI INC. PrintedNime: Sn Welh Printed Name: RichardL. Caudle. P.E. negligent acts, errors ando omissions in THECITYBYT THIRPARTIèS A By: Tiley Mayor Date: $-13-2024 Date: By: Title: RichadL. Caudle Senior Traffic Engineer May6.2024 for Page3of4 Page4of4 May 13,2024 J:Minutes & AsmdxCamaip02as Minutes. docx MINUTE BOOK94 295 A Alabama Power May8,2024 Cityo ofMountain Brook Jemison Park Trall 1017 Tibbetts Street Mountain Brook,AL35213 Thank youfora allowing Alabama Power Company thec opportunity toprovidea aproposalf fora surveillancec camerai installationf ford the CityofMountaint Brook. With this surveillancel installation, Alabama Power Company will providet thef following: 23- Axis P3265-LVE! 1080p! HDf fixedd domec camerasa anda allassociatedn networking equipment 1-AxisP P3727-PLE 360N Multisensor cameras andalla associstedr networking equipment Connectiono ofpowerf fromtr 1-GenetecI Desktop Serverf fors storage ofvideo Customer provided 11-1 Verizon SIMCardsw withs Static IPaddress forb backhaul connectiona andh hardware Customer providedr network connectiona atserver withs Staticl Paddress license Allrequiredli feesa andr monthlys subscriptionf feesf for24c camerasusing Genetec'ss Security Center platformy withs standard3 30-day 1080ps storage Standard Operating Agreement:6 60n montha agreement, sutomaticallyr renewsn monthi tomonth aftern month 60,9 servicep priceisfi fixed. Alabama Powern retainso ownershipo ofthee cameras system, Cityo ofMountain) Brook retains ownerahipofalld datad collected. Alls supporta andm maintenanceto operntet thes surveillances systemi isincluded. Noprepaymentr requiredf fori installation. Usingt the Genctecs Security Center VMS, all Cityo ofN Mountain Brooky video willbes storedont theo on-premise andw willb bea accessible bya approvedp personnel viat thelocalv viewings station, oranyi internet enabledw web browser ormobiled device. Cityo ofMountain Brookw willh havef fullaccesston allv video oftheir) locationa andatth theird discretion. *Estimated Monthly Service Amount- -$2,926.55 with! NOu upfronte costs Therev will alsol bea ane estimatede energy usageo ofS306.82 eachn month ina additionto Estimated Monthlys ServiceA Amount Ifyouh have any questionsa atall,p pleased donoth aaewphmsallse Sincerely, Dre JonathanB Bozeman 205-484-5036 - - O NN - and/orl lightingpoles Alabama Power Company Publics Safetyh Manager a MINUTE! BOOK93 (es, docx IINUTE BOOK94 297 MINUTE BOOK93 MINUTE BOOK 94 299! ) 5 fiputesdocs May MINUTE BOOK93 o IINUTE BOOK94 E B 513Minges pcN MINUTE BOOK93 00 ASNyCApNANyeAP Mirutes-spex May 13,2024 IINUTE BOOK94 303 May, 13.2494 MINUTE BOOK93 JMinutes & AsmaimCumaloa0,u3: Minutes.docx May 13,2024 City ProjectNo. B-20240415-925 INUTE BOOK94 305 betweent the CONSTRUCTION CONTRACT This COASTAUCTONCOWIRACTH: enteredintot this_ day of_ OWNER(S), Entity? Name(s): Address(es): Emai()a &I Phone #(s): andthe CONTRACTOR, Company? Name: Address: Email &Phone#: forthe WORK ofthe Project( (identified asP PROJECT): Mountainl LnadMontevaliolak Arcal Drainage Improvements The CONTRACTI DOCUMENTS fort thel PROIECT areasf follows (below lista aryS Supplementary Conditions, Specifications ofthen Work Drawingso or other Documents thata arei incorporatedi intot this CONTRACT): This CONSTRUCTION CONTRACT The GENERALCONDITIONS: OF1 THEC CONTRACT PERFORMANCEI BOND LABOR &l MATERIALSI BOND SUPPLEMENTARY OR: TECHNICAL SPECIFICATIONS DRAWINGS &PLANS andhaveb beena amendedbyti thef following ADDENDA (ifepplicable): Addendum1DatedA Apr124,2024 CITY OFI MOUNTAINI BROOK,A ALABAMA 56Churchs Street Mountain Brook, AL35213 City) Manager:s Sam Gaston- assntakxskors CB6A Construction, LLC. 44 Inverness Center Pkwy, Suite 120 Birmingham, AL 35242 misaeIPEN /: 205-995-6163 205-802-3803 Pageld4 OWNERA AND CONTRACTOR. AGREE ASE FOLLOWS: The Contract Documents, asd definedinthe General Conditions ofthe Contract arei incorporated! hereint byreference. TheContractor shallp performt the Worki ina accordance witht thec ContractI Documents." The Owner willp payth the Contracts Sum( (subjecttoa any additionsord deductionsf for change orders, LiquidatedI Damages, arothera adjustments asp providedint the Contract Documents), ando Contractor willa accept thata amounta as fullc compensationf fori itsp perfommanceofthe LIQUIDATEDI DAMAGES. IFContractorc doesn nots substantially completet the Work ont theF PROJECTbyt the stated Time,t BELIQUDAITEDDAMAGES forv whicht the Contractora andits Surety (ifany)s shallbel liablee end may berequiredt topayt the Owneri ina accordancey witht thec ContractI Documents shall bet thed dollara amount Work. stipulatedi int thef followings space: SPECIALE PROVISIONS STATE certificate fors such licensel bearst the following: LicenseNo(s)- 53197 andCulveti. MU-S:Site Work BidLimit: UUnlimited Twol HundredFiflyl Dollars ($250)per calendar day. LICENSE: The Contractor) hereby certifies thatit itis currently licensed by the Alabama State Licensing Board for General Contractors andt that the Classification(s): RckDi:Cmsutial Under Fours Storics, MU-S: Concrete.) MU-S Drainage Coumieparsgnanure! Page Follows) JMinutes & AsmdsCamciau,.DAs Minutes.docx May 13, 2024 Page3of4 City Project No.B B-20240415-925 306 CONSTRUCTION CONTRACT This CONSTRUCTONCONTRACTbememdwotN. day of MINUTE BOOK93bie theA ARCHITECT (er ENGINEER) providing! Professional! Servicest for theF PROJECTis 20 betweenthe OWNER(S), Entity Name(s): Address(es): Emmi()aPhone# #): mniBeCONTRACTOR, Company, Name: Address: Email &Phone#: fort the WORKO oftheP Project (identifieda as PROJECT): Msmilamisismataln, Areal Duainagel Improvement The CONTRACTD DOCUMENTS fort theP PROJECT trea asf follows (below list anys Supplementary Conditions, Specifications ofthe Work Drawings ord other Documents thata arei incorporatedinto this CONTRACT): This CONSTRUCTION CONTRACT TheG GENERAL CONDITIONS OF THBC CONTRACT PERFORMANCEI BOND LABOR8 &N MATERIALSI BOND SUPPLEMENTARY OR: TECHNICAL 6. &P DRAWINGS PLANS andh havel beena amendedbytt thef following ADDENDA (ifepplicable): 1Dated Apr124,2024 Firm Name: Schpel Engineering Contact atFirm: Mr. Mark E. Simpson Addresso ofFirm: 10012 22"s Street South.] Bimingham. AL35205 Contact's Email &Phone suesic.CB.: 313-1155 The CONTRACTS SUMi isNine Hundred Seventy- Nine Thousand. Ninel Dollm($979,00200) Unlesso otherwisei indicated, this CONTRACT! SUMist thea amounto ofthe Contractor's TotalE Bidf fort the Work, and,i ifapplicable, thef following! BidA Alteratel Prices: The CONTRACT1 TIMEi is1 150c calendar days. They Works shallo ContractT Time. this CONSTRUCTION CONTRACT: arcasf follows: Owner Representative Namer mmSGt Title: CJMngu Email& & Phone#: ghasomabeaters Contractor Representative: Name: Tyler Sample Tidle: Vice President of Construction CITY OF MOUNTAINE BROOK, ALABAMA 56Churchs Street Mountain Brook, AL35213 CityN Manager: Sam Gaston- merinhskaTg 205-802-3803 CB6A Construction, LLC. 44 Inverness Center Pkwy, Suite 120 Birmingham, AL 35242 totaheyroletet. com 13 205-995-6163 onad datet tobes specifiedina Noticet toP Proceedi issuedb by the Owner, and Contractor thens shalls substantially completet theW Worky withint the PROJECT) REFRESENTATIVES Then respectivel PROJECTI REPRESENTATIVES. ofthepartiesto 2as/302-3200 Pageldf4 Email &Phone#: mpinotdgroisty. .con / 470-808-1870 cell Page2df4 OWNERA AND CONTRACTOR/ AGREEA ASE FOLLOWS: The Contract Documents, as definedi int the General Conditions ofthe Contracta arei incorporated! herein by: reference. The Contractors shallp performt the Worki ins accordance witht theContract Documents." The Owner willp payt thec Contract Sum (subjectto any additionso ord deductionsf forc changeo orders, LiquidatedI Damages, aro othera adjustmentsa asp providedint the ContructI Documents), andc Contractor willa accept thata amount asf fullo compensationf forit itsp performance ofthe LIQUIDATED! DAMAGES. FContractor does nots substantially completet the Worko ont thel PROTECTby the statedT Time, theL LIQUIDATEDI DAMAGES forv whichi thec Contractor anditss Surety (ifany)s shallb bel liablea and mayben requiredt topayt the Owneri ina accordancey witht theC Contract Documents shall bet dollars Two Humdred! Fifly Dollars ($250)pere calendar day. WHEREAS, theu undersigned, dulys authorizedn representatives CONSTRUCTIONG CONTRACTO onb behalfo oftheiro OWNER-CITY OFI MOUNTAINT BROOK,A ALABAMA By: mge PrintedName: SmS_GASToN Its: CPunge Date: 05-6-24 CONTRACTOR By: fag PrintedName:. Tyler Sample Its: Vice President of Construction Date: 5/15/2024 ofther respectiver partiese entert this organization. Work. thed mmount stipulatedi int the followings space: SPECIALE PROVISIONS STATE GENERAL CONTRACTOR'S LICENSE: The Contractor) hereby certifics thatit itis currently licensed byt the Alabama State Licensing Boardf for General Contractors andt that the Classification(s): BCABiltigCnstusiont Under Fours Stories. MU-S: Concrete. MU-S: Drinage certificatef fors suchl licenseb bears the following: LicenseNo(s).: 53197 andChivs.MU-S:S Site Work BidLimit: UUnlimited Coumtepartsguahne) Page Follows) J:Minutes & AsmdlsCumciguA.0As Minutes. docx May 13,2024 Pagesof4 Page3df4