20250404_WATER_SEWER_RATE_2025_RFP.pdf
PDF 4 MB Posted
- Attached to
- 2025 Water & Sewer Rate and Connection Fee Study
- Solicitation number
- 25 (W) RFP
- Issued by
- Oakland County, Michigan
About this file
This document is a Request for Proposals (RFP) issued by the City of Birmingham, Michigan, seeking qualified professional firms to conduct a comprehensive 2025 Water / Sewer Rate and Connection Fee Study. The project involves reviewing the city's existing water and sewer rate model, analyzing historical demand and financial data, examining current and future capital expenditures, and developing recommendations for a self-supporting utility rate structure. The RFP was released on April 14, 2025, with proposals due by May 1, 2025 at 2:00 pm, and the city anticipates selecting a consultant by May 9, 2025. The contract term will run through September 30, 2025, with the final study to be completed by that date.
The City of Birmingham has approximately 100 miles of water main serving 21,434 residents, with 9,156 water services, and approximately 116 miles of combined storm, sanitary, and combined sewer lines. The city experiences 50-75 new home applications and 1-5 new commercial building applications annually. The consultant will be expected to utilize industry standards like the AWWA M1 manual and WEF M.O.P. #27 for utility rate-making, ensure compliance with Michigan statutes and EGLE recommendations, and consider the Bolt v Lansing legal decision. The RFP indicates the city seeks a comprehensive analysis that will provide a sustainable rate structure while maintaining appropriate cash balances and adhering to federal, state, and local accounting rules and best practices.
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REQUEST FOR PROPOSALS
2025 WATER / SEWER RATE & CONNECTION FEE STUDY
Sealed proposals endorsed “2025 WATER / SEWER RATE & CONNECTION FEE STUDY”, will be received at the Office of the City Clerk, 151 Martin Street, Birmingham, Michigan, 48009, until May 1, 2025 at 2:00pm, after which time bids will be publicly opened and read.
The City of Birmingham, Michigan is accepting sealed bid proposals from qualified professional firms for a Water and Sewer Rate and Connection Fee Study. This work must be performed in accordance with the specifications contained in the Request For Proposals (RFP).
The RFP, including the Specifications, may be obtained online from the Michigan Inter-governmental Trade Network at http://www.mitn.info.
The acceptance of any proposal made pursuant to this invitation shall not be binding upon the City until an agreement has been executed.
Submitted to MITN:
Deadline for Submissions:
Contact Person:
April 14, 2025 May 1, 2025 2:00pm
Melissa A. Coatta, City Engineer P.O. Box 3001, 151 Martin Street Birmingham, MI 48012-3001 Phone: (248) 530-1839 Email: mcoatta@bhamgov.org http://www.govbids.com/scripts/MITN/public/home1.asp mailto:mcoatta@bhamgov.org
REQUEST FOR PROPOSALS
Contents
INTRODUCTION
REQUEST FOR PROPOSALS (RFP)
INVITATION TO SUBMIT A PROPOSAL
INSTRUCTIONS TO BIDDERS
EVALUATION PROCEDURE AND CRITERIA
TERMS AND CONDITIONS
CONSULTANT’S RESPONSIBILITIES
CITY RESPONSIBILITY
SETTLEMENT OF DISPUTES
INSURANCE
CONTINUATION OF COVERAGE
EXECUTION OF CONTRACT
INDEMNIFICATION
CONFLICT OF INTEREST
EXAMINATION OF PROPOSAL MATERIALS
PROJECT TIMELINE
SCOPE OF WORK
ATTACHMENT A - AGREEMENT
ATTACHMENT B - BIDDER’S AGREEMENT
ATTACHMENT C - COST PROPOSAL
ATTACHMENT D - IRAN SANCTIONS
ATTACHMENT E – WATER SYSTEM MAPS
INTRODUCTION
For purposes of this request for proposals the City of Birmingham will hereby be referred to as “City” and the private firm will hereby be referred to as “Consultant.”
The City of Birmingham, Michigan is accepting sealed bid proposals from qualified professional firms to complete work for a 2025 WATER / SEWER RATE & CONNECTION FEE STUDY. The City has approximately 100 miles of water main for approximately 21,434 residents, and has 9,156 water services. For sewer, the City has approximately 116 miles of sewer of both storm, sanitary, and combined. In the last three (3) years, the City had approximately 50 – 75 new home applications annually. Approximately 1 – 5 new commercial building applications are received annually. This work must be performed as specified in accordance with the specifications outlined by the Scope of Work contained in this Request For Proposals (RFP).
During the evaluation process, the City reserves the right where it may serve the City’s best interest to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation.
It is anticipated the selection of a firm will be completed by May 9, 2025. An Agreement for services will be required with the selected Consultant. A copy of the Agreement is contained herein for reference. Contract services will commence upon execution of the service agreement by the City.
REQUEST FOR PROPOSALS (RFP)
The purpose of this RFP is to request sealed bid proposals from qualified parties presenting their qualifications for a Water and Sewer Rate and Connection Fee Study.
INVITATION TO SUBMIT A PROPOSAL
Proposals shall be submitted no later than April 24, 2025 2:00pm to:
City of Birmingham
Attn: City Clerk 151 Martin Street
Birmingham, MI 48009
One (1) original and one (1) copy of the proposal shall be submitted. The proposal should be firmly sealed in an envelope, which shall be clearly marked on the outside, “2025 WATER / SEWER RATE & CONNECTION FEE STUDY”. Any proposal received after the due date cannot be accepted and will be rejected and returned, unopened, to the proposer. Proposer may submit more than one proposal provided each proposal meets the functional requirements.
INSTRUCTIONS TO BIDDERS
1. Any and all forms requesting information from the bidder must be completed on the attached forms contained herein (see Consultant’s Responsibilities). If more than one bid is submitted, a separate bid proposal form must be used for each.
2. Any request for clarification of this RFP shall be made in writing and delivered to: Melissa Coatta, City Engineer, (248) 530-1840, mcoatta@bhamgov.org, 151 Martin Street, Birmingham, MI 48009. Such request for clarification shall be delivered, in writing, no later than 5:00pm, Thursday April 24, 2025.
3. All proposals must be submitted following the RFP format as stated in this document and shall be subject to all requirements of this document including the instruction to respondents and general information sections. All proposals must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the RFP format by the respondent.
4. The contract will be awarded by the City of Birmingham to the most responsive and responsible bidder with the lowest price and the contract will require the completion of the work pursuant to these documents.
5. Each respondent shall include in his or her proposal, in the format requested, the cost of performing the work. Municipalities are exempt from Michigan State Sales and Federal Excise taxes. Do not include such taxes in the proposal figure. The City will furnish the successful company with tax exemption information when requested.
6. Each respondent shall include in their proposal the following information: Firm name, address, city, state, zip code, telephone number, and fax number. The company shall also provide the name, address, telephone number and e- mail address of an individual in their organization to whom notices and inquiries by the City should be directed as part of their proposal.
EVALUATION PROCEDURE AND CRITERIA
The evaluation panel will consist of City staff and any other person(s) designated by the City who will evaluate the proposals based on, but not limited to, the following criteria:
1. Ability to provide services as outlined.
2. Bidder background and personnel qualifications.
3. Related experience with similar projects.
4. Cost of services.
5. Timeline and schedule for completion.
6. References.
TERMS AND CONDITIONS
1. The City reserves the right to reject any or all proposals received, waive informalities, or accept any proposal, in whole or in part, it deems best. The City reserves the right to award the contract to the next most qualified Consultant if the successful Consultant does not execute a contract within ten (10) days after the award of the proposal.
2. The City reserves the right to request clarification of information submitted and to request additional information of one or more Consultants.
3. The City reserves the right to terminate the contract at its discretion should it be determined that the services provided do not meet the specifications contained herein. Termination can be with or without cause. Written notice to terminate the agreed contract will be provided. The City may terminate this RFP and Agreement at any point in the process upon notice to Consultant sufficient to indicate the City’s desire to do so. In the case of such a stoppage of the contract once entered, the City agrees to pay Consultant for services rendered up to the time of notice, subject to the contract maximum amount.
4. Any proposal may be withdrawn up until the date and time set above for the opening of the proposals. Any proposals not so withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days, to provide the services set forth in the proposal.
5. The cost of preparing and submitting a proposal is the responsibility of the
Consultant and shall not be chargeable in any manner to the City.
6. Payment will usually be made within thirty (30) days after invoice. Acceptance by the City is defined as authorization by the designated City representative to this project that all the criteria requested under the Scope of Work contained herein have been provided. Invoices are to be rendered each month following the date of execution of an Agreement with the City.
7. The Consultant will not exceed the timelines established for the completion of this project.
8. The successful bidder shall enter into and will execute the contract as set forth and attached as Attachment A.
CONSULTANT’S RESPONSIBILITIES
Each bidder shall provide the following as part of their proposal:
1. Complete and sign all forms requested for completion within this RFP.
a. Contract Executed (Attachment A – p. 11 – 17)
b. Bidder’s Agreement (Attachment B - p. 18)
c. Cost Proposal (Attachment C - p. 19)
d. Agreement Iran Sanctions Act vendor certification form (Attachment D - p. 20).
2. Provide a description of completed projects that demonstrate the firm’s ability to complete projects of similar scope, size, and purpose, and in a timely manner, and within budget.
3. Provide a written plan detailing the anticipated timeline for completion of the tasks set forth in the Scope of Work (p. 9).
4. Provide a description of the firm, including resumes and professional qualifications of the principals involved in administering the project.
5. Provide a list of sub-consultants and their qualifications, if applicable.
6. Provide three (3) client references from past projects, include current phone numbers.
7. Provide a project timeline addressing each section within the Scope of Work and a description of the overall project approach. Include a statement that the Consultant will be available according to the proposed timeline.
CITY RESPONSIBILITY
1. The City will provide a designated representative to work with the Consultant to coordinate both the City’s and Consultant’s efforts and to inspect and verify any work performed by the Consultant.
2. The City will provide access and documents concerning existing water and sewer rates and connection fee for the previous three (3) years.
3. Access and documents of the City’s Capital Improvement program for the next five (5) years.
SETTLEMENT OF DISPUTES
The successful bidder agrees to certain dispute resolution avenues/limitations. Please refer to paragraph 18 of the Agreement attached as Attachment A for the details and what is required of the successful bidder.
INSURANCE
The successful bidder is required to procure and maintain certain types of insurances.
Please refer to paragraph 11 of the Agreement attached as Attachment A for the details and what is required of the successful bidder.
CONTINUATION OF COVERAGE
The Consultant also agrees to provide all insurance coverages as specified. Upon failure of the Consultant to obtain or maintain such insurance coverage for the term of the agreement, the City may, at its option, purchase such coverage and subtract the cost of obtaining such coverage from the contract amount. In obtaining such coverage, Birmingham shall have no obligation to procure the most cost effective coverage but may contract with any insurer for such coverage.
EXECUTION OF CONTRACT
The bidder whose proposal is accepted shall be required to execute the contract and to furnish all insurance coverages as specified within ten (10) days after receiving notice of such acceptance. Any contract awarded pursuant to any bid shall not be binding upon the City until a written contract has been executed by both parties. Failure or refusal to execute the contract shall be considered an abandoned all rights and interest in the award and the contract may be awarded to another. The successful bidder agrees to enter into and will execute the contract as set forth and attached as Attachment A.
INDEMNIFICATION
The successful bidder agrees to indemnify the City and various associated persons.
Please refer to paragraph 10 of the Agreement attached as Attachment A for the details
CONFLICT OF INTEREST
The successful bidder is subject to certain conflict of interest requirements/ restrictions.
Please refer to paragraph 16 of the Agreement attached as Attachment A for the details
EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the Consultant that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. Statistical information which may be contained in the RFP or any addendum thereto is for informational purposes only.
PROJECT TIMELINE
The Consultant will not exceed the timelines established for the completion as described in the scope of work.
SCOPE OF WORK
1. Meet with City staff to discuss and understand the City’s goals for the rate study and concerns regarding water and sewer rates.
2. Review current water and sewer rate model, existing rate methodology, and connection fees.
3. Review of historical water and sewer demand and billed customer use.
4. Review and analysis of water and sewer fund’s financial history, such as audition reports.
5. Review of current year’s water and sewer fund projection.
6. Review of future capital expenditures and capital improvement program, effects on proposed rates, and recommendation for funding.
7. Review of capital and operation reserves and projection of future requirements to meet replacement needs.
8. Analysis of existing rate structure for adequacy.
9. Analysis of base charge fee allocation.
10. Recommendation for alternative cost allocation rate methods.
11. Recommendation of rate structure/model that will provide for a completely self-supporting system.
12. Develop financial projection and impacts of any rate recommendations.
13. By project deadline, submit to the city staff project deliverables:
a. Final report and presentation to the city staff
b. Rate model in Excel or other city-approved format for City’s next five (5) year period annual rate setting.
c. Recommendations for updating ordinances to water and sewer rates and billing, as needed, for implementation of recommendations.
The City’s expectation is that the consultant will utilize the AWWA M1 manual and WEF M.O.P. #27 standards for utility rate making within Michigan as a guide. The recommended rate schedule should consider appropriate cash balances and be in compliance with EGLE recommendations, Michigan statutes, and case law, including the Bolt v Lansing decision. All recommendations must also comply with applicable Federal, State, and local accounting rules and best practices.
Deadline for Written Questions: April 24, 2025 @ 5:00 pm Deadline for RFP Submissions: May 1, 2025 @2:00 pm City Commissions Awards Contract: June 9, 2025 Complete Study: September 30, 2025
ATTACHMENT A - AGREEMENT
AGREEMENT OF THE 2025 WATER / SEWER RATE & CONNECTION FEE STUDY.
THIS AGREEMENT is entered into this day of , 2025, by and between the CITY OF BIRMINGHAM, whose address is 151 Martin Street, Birmingham, MI 48009 (hereinafter referred to as the City) and _______________________, a _ (Michigan ________________________), whose address is (hereafter referred to as ) and the foregoing shall collectively be referred to as the parties, and effective upon the date of the Mayor’s signature.
WHEREAS, the City desires to contract services for Water / Sewer rate and
Connection Fee study and has requested proposals for 2025 Water / Sewer Rate and Connection Fee Study; and
WHEREAS, consultant has qualifications that meet the project requirements and has provided a response and cost proposal to perform the 2025 Water / Sewer Rate and Connection Fee Study.
NOW, THEREFORE, in consideration of the foregoing preambles, the adequacy of which is acknowledged by and between the parties to this Agreement, the parties agree as follows:
1. MUTUALLY AGREE: It is mutually agreed by and between the parties that the City’s Request for Proposal for 2025 Water / Sewer Rate and Connection Fee Study dated April 14, 2025, shall be fully incorporated herein by reference and shall become a part of this Agreement, and shall be binding upon both parties hereto. (Attached hereto as Attachment “A)
2. TERM: This Agreement shall be through September 30, 2025. The City shall have the right to unilaterally terminate this Agreement, with or without cause, on thirty (30) days written notice. In the event of termination, the Vendor shall receive compensation for services up to the date the termination takes effect and the City shall be entitled to retain and use the results of all services, goods and information prepared by the Vendor through such date.
3. TERMS OF PAYMENT: The consultant will invoice monthly for all labor supplied and work completed. In no event shall invoices be submitted more than 45 days after completion of services.
Submitted invoices shall include the following detailed information: the type of work performed, the time spent on the work, the individual who performed the work and the per hour billing rate charged. The City may, at its sole discretion demand review and the right to request at any time further detailed accounting information for any or all bills. The right to inspection of any bill and invoice shall never be at any cost or billings to the City, nor shall preparation of said invoices be billed to the City or against the general retainer. Payment terms will be net 30 days unless otherwise specified by the City.
4. GOOD MORAL CHARACTER: consultant shall employ personnel of good moral character and fitness in performing all services under this Agreement.
5. INSURANCE SUBMISSION REQUIREMENTS: The consultant has submitted proof to the City that it meets all City insurance requirements. Insurance, with coverage amounts at no less than the City's minimum requirements, must be held by the consultant throughout the term of this Agreement. Certificates of insurance as stated below will be required no later than five (5) business days from the date of consultant acceptance of the terms of this Agreement.
6. CONFIDENTIAL AND OR PROPRIETARY INFORMATION: The consultant acknowledges that in performing services pursuant to this Agreement, certain confidential and/or proprietary information (including, but not limited to, internal organization, methodology, personnel and financial information, etc.) may become involved. The consultant recognizes that unauthorized exposure of such confidential or proprietary information could irreparably damage the City. Therefore, the consultants agree to use reasonable care to safeguard the confidential and proprietary information and to prevent the unauthorized use or disclosure thereof. The consultants shall inform its employees of the confidential or proprietary nature of such information and shall limit access thereto to employees rendering services pursuant to this Agreement. The consultant further agrees to use such confidential or proprietary information only for the purpose of performing services pursuant to this Agreement.
7. INDEPENDENT consultant: The consultant and the City agree that the consultant is acting as an independent consultant with respect to the consultant role in providing services to the City pursuant to this Agreement, and as such, shall be liable for its own actions and neither the consultant nor its employees shall be construed as employees of the City. Nothing contained in this Agreement shall be construed to imply a joint venture or partnership and neither party, by virtue of this Agreement, shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party, except as specifically outlined herein. Neither the City nor the consultant shall be considered or construed to be the agent of the other, nor shall either have the right to bind the other in any manner whatsoever, except as specifically provided in this Agreement, and this Agreement shall not be construed as a contract of agency. The consultant shall not be considered entitled or eligible to participate in any benefits or privileges given or extended by the City, or be deemed an employee of the City for purposes of federal or state withholding taxes, FICA taxes, unemployment, workers' compensation or any other employer contributions on behalf of the City.
8. COMPLIANCE WITH LAWS: consultant agrees to fully and faithfully carry out the duties of set forth herein using its best efforts in accomplishing all assignments from the City, and further, in addition to upholding all federal, and state laws and applicable codes of professional conduct to which consultant is subject, Consultant hereby agrees to be bound by all Federal, State, or City of Birmingham ordinances, rules, regulations and policies as are amended from time to time, and including without limitation the Fair Labor Standards Act, the Equal Employment Opportunity rules and regulations, the Transportation Safety Act and the Occupational Safety and Health Acts.
9. NON-COMPLIANCE WITH INSURANCE REQUIREMENTS: Failure to deliver and maintain insurance in accordance with the terms of this Agreement will be cause for the City, by and through its City Manager, to terminate this Agreement, or at the City's option, the City may purchase on the open market such required insurance and shall be entitled to charge any additional cost to the consultant, either by offset to any amounts due and owing for services provided to the City, or, by separate bill and demand for payment. Nothing in this paragraph shall be deemed to create or be interpreted as establishing a “for cause” termination; consultant agrees and understands that its engagement is at will and may be terminated by the City Manager for any cause or no cause.
10. INDEMNIFICATION: To the fullest extent permitted by law, the consultant and any entity or person for whom the consultant is legally liable, agrees to be responsible for any liability, defend, pay on behalf of, indemnify, and hold harmless the City of Birmingham, its elected and appointed officials, employees and volunteers and others working on their behalf against any and all claims, demands, suits, or loss, including all costs and reasonable attorney fees connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City, its elected and appointed officials, employees, volunteers or others working on their behalf, by reason of personal injury, including bodily injury and death and/or property damage, including loss of use thereof, which arise out of the acts, errors or omissions of the consultant including its employees and agents, in the performance of this Agreement.
Such responsibility shall not be construed as liability for damage caused by or resulting from the sole act or omission of its elected or appointed officials, employees, volunteers or others working on behalf of the City.
11. STANDARD INSURANCE REQUIREMENTS:
The consultant shall maintain during the life of this Agreement the applicable types of insurance coverage and minimum limits as set forth below:
A. Workers' Compensation Insurance:
For Non-Sole Proprietorships: consultant shall procure and maintain during the life of this Agreement, Workers' Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable statutes of the State of Michigan.
For Sole Proprietorships: consultant shall complete and furnish to the City prior to the commencement of work under this Agreement a signed and notarized Sole Proprietor Form, for sole proprietors with no employees or with employees, as the case may be.
B. Commercial General Liability Insurance: consultant shall procure and maintain during the life of this Agreement, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent consultant Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if applicable.
C. Motor Vehicle Liability: Consultant shall procure and maintain during the life of this Agreement Motor Vehicle Liability Insurance, including all applicable no-fault coverages, with limits of liability of not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
D. Additional Insured: Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement stating the following Additional Insureds: The City of Birmingham, including all elected and appointed officials, all employee and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof. This coverage shall be primary to any other coverage that may be available to the additional insured, whether any other available coverage by primary, contributing or excess.
E. Coverage Expiration: If any of the above coverages expire during the term of this Agreement, consultant shall deliver renewal certificates and/or policies to the City at least (10) days prior to the expiration date.
F. Proof of Insurance Coverage: consultant shall provide the City of
Birmingham at the time the Agreement is returned for execution, Certificates of Insurance and/or policies, acceptable to the City of Birmingham, as listed below.
1) Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance, or a signed and notarized copy of the Sole Proprietor Form;
2) Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance;
3) Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance;
4) Two (2) copies of Certificate of Insurance for Professional Liability Insurance, if applicable;
5) If so requested, Certified Copies of all policies mentioned above will be furnished.
G. Maintaining Insurance: Upon failure of the Consultant to obtain or maintain such insurance coverage for the term of the Agreement, the City of Birmingham may, at its option, purchase such coverage and subtract the cost of obtaining such coverage from the Agreement amount. In obtaining such coverage, the City of Birmingham shall have no obligation to procure the most cost-effective coverage but may contract with any insurer for such coverage.
12. WRITTEN NOTICES: Written notices regarding this Agreement shall be addressed to the following:
City: City of Birmingham P.O. Box 3001 Birmingham, Michigan 48012 Attn: Melissa A. Coatta, P.E. City Engineer
Consultant:
Attn:
13. AMENDMENTS: No amendment, modification or supplement to this Agreement shall be binding unless it is in writing and signed by authorized representatives of the parties.
14. WAIVER OF BREACH: No waiver by either party of any breach of any of the terms, covenants or conditions herein contained by the other party shall be construed as a waiver of any succeeding breach of this same or of any other term, covenant or condition.
15. COMPLETE AGREEMENT: The parties agree that the conditions set forth in this
Agreement sets forth all terms and conditions of consultant agreement with the City of Birmingham. This Agreement supersedes all prior agreements or understandings between the parties. There are no promises, conditions or understandings other than those stated herein, and, that any prior negotiations, terms or conditions discussed between the City and the consultant shall not constitute a part of this Agreement. The term “agreement” as used in this clause shall include any future written amendments, modifications, or supplements made in accordance herewith.
16. DIRECT OR INDIRECT INTEREST: If, after the effective date of this Agreement, any official of the City, or spouse, child, parent or in-law of such official or employee shall become directly or indirectly interested in this Agreement or the affairs of the consultant, the City shall have the right to terminate this Agreement without further liability to the consultant if the disqualification has not been removed within thirty (30) days after the City has given the consultant notice of the disqualifying interest. Ownership of less than one percent (1%) of the stock or other equity interest in a corporation or partnership shall not be a disqualifying interest. Employment shall be a disqualifying interest.
17. FAILURE TO PERFORM. If consultant fails to perform its obligations hereunder, the City may take any and all remedial actions provided by the general specifications or otherwise permitted by law.
18. LEGAL PROCEEDINGS: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled either by commencement of a suit in Oakland County Circuit Court, the 48th District Court or by arbitration. If both parties elect to have the dispute resolved by arbitration, it shall be settled pursuant to Chapter 50 of the Revised Judicature Act for the State of Michigan and administered by the American Arbitration Association with one arbitrator being used, or three arbitrators in the event any party’s claim exceeds $1,000,000. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. Such arbitration shall qualify as statutory arbitration pursuant to MCL §600.5001 et seq., and the Oakland County Circuit Court or any court having jurisdiction shall render judgment upon the award of the arbitrator made pursuant to this Agreement. The laws of the State of Michigan shall govern this Agreement, and the arbitration shall take place in Oakland County, Michigan. In the event that the parties elect not to have the matter in dispute arbitrated, any dispute between the parties may be resolved by the filing of a suit in a federal or state court with jurisdiction over Oakland County, Michigan.
19. RESPONSE TO REQUESTS FOR PROPOSALS: The consultant shall be held to and bound by all terms, conditions, warranties and representations which it made in its written response dated _____, 2025 to the City’s Request for Proposals dated May 1, 2025.
In the event of a conflict in any of the terms of this Agreement and the consultant _______ _____, 2025 response, the terms of this Agreement shall prevail. (Attached hereto as Attachment “B.”)
20. FAIR PROCUREMENT OPPORTUNITY: Procurement for the City of Birmingham will be handled in a manner providing fair opportunity for all businesses. This will be accomplished without abrogation or sacrifice of quality and as determined to be in the best interest of the City of Birmingham.
IN WITNESS WHEREOF, the parties hereto agree to be bound by the above terms and conditions, and consultant, by its authorized signature below, expressly accepts this Agreement upon the above provided terms and conditions contained in this Agreement as of the date first above written.
_______________________(Consultant)
By:
Its:
STATE OF MICHIGAN )
) ss:
COUNTY OF OAKLAND )
On this day of , 2025 before me personally appeared , who acknowledged that with authority on behalf of to do so he/she signed this Agreement.
Notary Public County, Michigan Acting in County, Michigan My commission expires:
CITY OF BIRMINGHAM:
APPROVED:
Therese Longe, Mayor Dated:
Alexandria D. Bingham, City Clerk Dated:
Jana L. Ecker, City Manager (Approved as to substance)
Melissa A. Coatta, City Engineer (Approved as to substance)
Mary M. Kucharek, City Attorney (Approved as to form)
Mark A. Gerber, Finance Director (Approved as to Financial Obligation)
ATTACHMENT B - BIDDER’S AGREEMENT
2025 WATER / SEWER RATE AND CONNECTION FEE STUDY
In submitting this proposal, as herein described, the Consultant agrees that:
1. They have carefully examined the specifications, terms and Agreement of the Request for Proposal and all other provisions of this document and understand the meaning, intent, and requirement of it.
2. They will enter into a written contract and furnish the item or items in the time specified in conformance with the specifications and conditions contained therein for the price quoted by the proponent on this proposal.
BID PREPARED BY
(Print Name)
DATE
TITLE DATE
AUTHORIZED SIGNATURE E-MAIL ADDRESS
COMPANY
ADDRESS PHONE
NAME OF PARENT COMPANY PHONE
ADDRESS
ATTACHMENT C – COST PROPOSAL
For 2025 WATER / SEWER RATE & CONNECTION FEE STUDY
In order for the proposal to be considered valid, this form must be completed in its entirety. The fee for the Scope of Work as stated in the Request for Quote documents shall be determined pursuant to the fee schedule, as follows:
FEE QUOTE
ITEM BID AMOUNT
Water and Sewer Rate and Connect Fee Study $
Firm Name
Authorized signature__________________________________ Date_____________________
ATTACHEMNT D – IRAN SANCTIONS
VENDOR CERTIFICATION
THAT IT IS NOT AN “IRAN
LINKED BUSINESS”
Pursuant to Michigan law, (the Iran Economic Sanctions Act, 2012 PA 517, MCL
129.311 et seq.), before accepting any bid or proposal, or entering into any contract for goods or services with any prospective Vendor, the Vendor must first certify that it is not an “IRAN LINKED BUSINESS, as defined by law.
Vendor
Legal Name
Street Address
City
State, Zip
Corporate I.D. Number / State
Taxpayer I.D. #
The undersigned, with: 1) full knowledge of all of Vendors business activities, 2) full knowledge of the requirements and possible penalties under the law MCL 129.311 et seq. and 3) the full and complete authority to make this certification on behalf of the Vendor, by his/her signature below, certifies that: the Vendor is NOT an “IRAN LINKED BUSINESS” as required by MCL
129.311 et seq., and as such that Vendor is legally eligible to submit a bid and be considered for a possible contract to supply goods and/or services to the County of Oakland.
Signature of Vendor’s Authorized Agent:
Printed Name of Vendor’s Authorized Agent:
Witness Signature:
Printed Name of Witness:
ATTACHMENT E – WATER SYSTEM MAP
OL
IV
IA
WOODWARD
MAPLE
HALO
MANOR
OX
FO
RD
BIGBEAVER
BIGBEAVER
MANOR
WILLITS
MAYWOOD
SO
UT
HF
IEL
D
WORTHINGTON
CANTERBURY
NORTHLAWN
TORRY
HIDDENRAVINES
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BOWERS
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