ITB PAVEMENT MARKINGS 2025-2026.pdf

INVITATION TO BID

“PAVEMENT MARKINGS 2025-26”

Sealed bids endorsed “PAVEMENT MARKINGS 2025-26” will be received by the City of Birmingham, Michigan at the Office of City Clerk, 151 Martin Street, P.O. Box 3001, Birmingham, MI, 48012 until Wednesday, June 25, 2025, at 2:00 p.m., at which time the bids will be publicly opened and read.

The descriptions and locations of items to be painted are indicated on the attached sheets. The painting will include yellow, white, and blue glass beaded paint to meet or exceed Michigan Department of State Highway and Transportation specifications (waterborne). Two price quotes are requested, one for the fall of 2025 and one for the spring of 2026. Note that quantities differ between spring and fall items to be painted. Additionally, the long line pavement markings are only applied during the spring of 2026, there are no yellow or white long line projects or bid forms for the fall of 2025. This is not an all or none award, vendors may choose to bid for long line only, handwork only, or may submit bids for the entire scope of work. THE STREETS ARE TO BE PAINTED DURING THE LATE NIGHT/EARLY MORNING HOURS WHEN VEHICULAR TRAFFIC IS MINIMAL.

Materials and bids shall be submitted in accordance with the attached specifications and bid forms prepared by the Birmingham Police Department. Materials and services must be delivered as detailed in accordance with the specifications contained in the Invitation to Bid

(ITB).

The ITB, including the Specifications, may be obtained online from the Michigan Inter-governmental Trade Network at http://www.mitn.info, or by email request to Ofc. Gina Moody at gmoody@bhamgov.org.

The City of Birmingham reserves the right to reject any or all proposals and to waive any irregularity in a bid when deemed in the best interest of the City.

The City of Birmingham may offer the successful vendor an option to extend an agreement at the same rate for two (2) additional years through mutual written consent.

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: Friday, May 30th, 2025 Deadline for Submissions: Wednesday, June 25, 2025 at 2:00 p.m.

Contact Person: Ofc. Gina Moody, Services Coordinator Birmingham Police Department P.O. Box 3001, 151 Martin Street Birmingham, MI 48012 Phone: (248) 530-1772 Email: gmoody@bhamgov.org http://www.mitn.info/

For PAVEMENT MARKINGS 2025-2026

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

All information requested of the vendor shall be entered in the appropriate space on the attached form(s). Failure to do so may disqualify the bid.

All information shall be entered in ink or typewritten. Mistakes may be crossed out and corrections inserted before submission of the bid. The person signing the bid shall initial corrections in ink.

Corrections and/or modifications received after the closing time specified will not be accepted.

All bids shall be signed by an authorized officer or employee of the bidder.

Bids must be submitted by the date and at or prior to the time specified to be considered. No late bids, telegraphic bids, telephone bids, or facsimile bids will be accepted.

The City of Birmingham is exempt from State of Michigan and federal excise taxes.

All proposals shall include the following information: Vendor 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 the bid.

The City of Birmingham reserves the right:

1. To award bids received on the basis of individual items, or group of items, or on the entire list of items.

2. To reject any and all bids, or any part thereof.

3. To waive any informality in the bids received.

4. To accept the bid that the City Commission shall deem to be in the best interest of City of Birmingham.

For PAVEMENT MARKINGS 2025-2026

CONTENTS

GENERAL CONDITIONS AND INTRUCTIONS TO BIDDERS

INTRODUCTION

INVITATION TO SUBMIT A BID

INSTRUCTIONS TO BIDDERS

EVALUATION PROCEDURE AND CRITERIA

TERMS AND CONDITIONS

CONTRACTOR’S RESPONSIBILITIES ....................................................6-7

CITY RESPONSIBILITY

SETTLEMENT OF DISPUTES

INSURANCE

CONTINUATION OF COVERAGE

EXECUTION OF CONTRACT

INDEMNIFICATION

CONFLICT OF INTEREST

EXAMINATION OF BID MATERIALS

PROJECT TIMELINE

SCOPE OF WORK

ATTACHMENT A - AGREEMENT ....................................................... 10-17

ATTACHMENT B - CENTRAL BUSINESS DISTRICT MAP……………….……...18

ATTACHMENT C - FALL LINE PAINTING MAP……………………………..………19

ATTACHMENT D - BIDDER’S AGREEMENT

ATTACHMENT E - COST PROPOSAL ................................................ 21-23

ATTACHMENT F - IRAN SANCTIONS ACT VENDOR CERTIFICATION

FORM

INTRODUCTION

The purpose of this ITB is to request sealed bids from qualified parties presenting their qualifications, capabilities and costs to provide PAVEMENT MARKINGS 2025-2026 per the specifications on the attached sheets.

The City of Birmingham, Michigan will grant to the successful bidder a purchase order for the following:

PAVEMENT MARKINGS 2025-2026 FALL 2025 HANDWORK

PAVEMENT MARKINGS 2025-2026 SPRING 2026 HANDWORK

PAVEMENT MARKINGS 2025-2026 SPRING 2026 LONG LINES / CENTER LINES

For purposes of this Invitation to Bid, the City of Birmingham will hereby be referred to as “City” and the vendor will hereby be referred to as “Contractor.”

The City is accepting sealed bids from qualified vendors for the purchase of PAVEMENT MARKINGS 2025-2026. This work must be performed in accordance with the specifications outlined by the Scope of Work contained in this ITB.

During the evaluation process, the City reserves the right to request additional information or clarification from bidders. The City reserves the right to allow corrections of errors or omissions. At the discretion of the City, vendors submitting bids may be requested to provide sample materials or equipment. Vendors submitting bids may be requested to make oral presentations as part of the evaluation.

It is anticipated the selection of a vendor will be completed by July 30th, 2025. A purchase order will be issued to the selected Contractor(s) following execution of the Agreement(s). A copy of the Agreement is contained herein for reference. Contract services shall commence upon execution of the Agreement by the City.

INVITATION TO SUBMIT A BID

Proposals shall be submitted no later than Wednesday, June 25, 2025 at 2:00 p.m. to:

City of Birmingham Attn: City Clerk

151 Martin Street Birmingham, Michigan 48009

One (1) original and one (1) copy of the proposal shall be submitted. The bid should be sealed in an envelope, which shall be clearly marked on the outside, “PAVEMENT MARKINGS 2025- 2026”. Any bid 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 bid provided each bid meets the functional requirements of this Invitation to Bid.

INSTRUCTIONS TO BIDDERS

1. Any and all forms requesting information from the bidder must be completed on the attached forms contained herein (see Contractor’s Responsibilities). If more than one bid is submitted, a separate bid proposal form must be used for each bid.

2. Any request for clarification of this ITB shall be made in writing and delivered to: Ofc.

Gina Moody, (248) 530-1772, gmoody@bhamgov.org, City of Birmingham, 151 Martin Street, Birmingham, MI 48009. Such request for clarification shall be delivered, in writing, no later than 7 days prior to the deadline for submissions.

3. All bids must be submitted following the ITB format as stated in this document and shall be subject to all requirements of this document including the instruction to Contractors 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 ITB format by the Contractor.

4. The contract will be awarded by the City of Birmingham, at the City’s sole discretion, to the most responsive and responsible Contractor 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 bid, in the format requested, the cost of performing the work, equipment and total budget. 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 contractor with tax exemption information when requested.

6. Each respondent shall include in their bid 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

An evaluation panel will be established and will consist of City staff and any other person(s) designated by the City. The panel will evaluate the bids based on, but not limited to, the following criteria:

1. Ability to provide services and equipment as outlined.

2. Related experience with similar projects, vendor background, and personnel qualifications.

3. Quality of materials proposed.

4. Overall costs.

5. References.

mailto:gmoody@bhamgov.org

TERMS AND CONDITIONS

1. The City reserves the right to reject any or all bids received, waive informalities, or accept any proposal, in whole or in part, it deems to be in the best interest of the City.

2. The City reserves the right to request clarification of information submitted and to request additional information of one or more Contractors.

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.

The City may terminate this Agreement at any point in the process upon notice to Contractor sufficient to indicate the City’s desire to do so. In the case of such a stoppage, the City agrees to pay Contractor for services rendered to the time of notice, subject to the contract maximum amount.

4. Any bid may be withdrawn up until the date and time set above for the opening of the proposals. Any bids 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 bid proposal is the responsibility of the

Contractor and shall not be chargeable in any manner to the City.

6. Payment will 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 Contractor will not exceed the timelines established for the completion of this project.

CONTRACTOR’S RESPONSIBILITIES

Each bidder shall provide the following as part of their proposal:

1. Completed and sign all forms requested for completion within this ITB.

a. Agreement (Attachment A)

b. Bidders Agreement (Attachment D)

c. Cost Proposal (Attachment E)

d. Iran Sanctions Act Vendor Certification Form (Attachment F)

2. A description of completed projects that demonstrate the firm’s ability to complete projects of similar scope, size and purpose, in a timely manner, and within budget.

3. A project timeline addressing each section within the Scope of Work and a description of the overall project approach. Include a statement that the Contractor will be available according to the proposed timeline.

4. The Contractor will be responsible for any changes necessary for the plans to be approved by the City of Birmingham.

5. Provide a description of the firm, including resumes and professional qualifications of the principals involved in administering the project.

6. Provide a list of sub-contractors and their qualifications, if applicable.

7. Provide three (3) client references from past projects, include current phone numbers.

At least two (2) of the client references should be for projects utilizing the same materials included in the Contractor’s proposal.

8. The Contractor will be responsible for the disposal of all material and any damages which occur as a result of any of employees or subcontractors of the Contractor during this project.

9. The Contractor will be responsible for obtaining any associated permits at no cost to the

Contractor.

CITY RESPONSIBILITY

1. The City will provide a designated representative to work with the Contractor to coordinate both the City’s and Contractor’s efforts and to inspect and verify any work performed by the Contractor.

2. The City will provide access to the City of Birmingham during regular business hours or during nights and weekends as approved by the City’s designated representative.

SETTLEMENT OF DISPUTES

The successful bidder agrees to certain dispute resolution avenues/limitations. Please refer to paragraph 19, 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 Contractor also agrees to provide all insurance coverages as specified. Upon failure of the Contractor 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, the City shall have no obligation to procure the most cost effective coverage but may contract with any insurer for such coverage.

EXECUTION OF CONTRACT

All proposals submitted must include a signed Agreement as provided in Attachment A. The Contractor whose proposal is accepted shall be required 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.

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 and what is required of the successful bidder.

CONFLICT OF INTEREST

The successful bidder is subject to certain conflict of interest requirements/restrictions in accordance to paragraph 17 of the Agreement, attached as Attachment A.

EXAMINATION OF BID MATERIALS

The submission of a proposal shall be deemed a representation and warranty by the Contractor that it has investigated all aspects of the ITB, that it is aware of the applicable facts pertaining to the ITB process and its procedures and requirements, and that it has read and understands the ITB. Statistical information which may be contained in the ITB or any addendum thereto is for informational purposes only.

PROJECT TIMELINE

Submitted to MITN: Friday, May 30, 2025

Deadline for Submissions: Wednesday, June 25, 2025 at 2:00p.m.

Bids publicly opened 151 Martin Street, Birmingham, MI, 48009-City Commission Room 2nd floor.

Award of Bid: Estimated award by July 30, 2025

The Contractor will not exceed the timelines established for the completion of this project.

SCOPE OF WORK

The Contractor shall provide the following equipment and services in accordance with the requirements as defined and noted herein: PAVEMENT MARKINGS 2025-2026

PROJECT LOCATION: Birmingham, Michigan 48009

1. The City of Birmingham is accepting sealed bids from qualified vendors to provide

PAVEMENT MARKINGS 2025-2026. Bids may be submitted for Handwork and/or Long Line/Center Line pavement markings.

2. The Contractor shall provide any and all manuals and/or warranty information related to this project to the City upon completion of the project.

3. This section and referenced documents shall constitute the Scope of Work for this project and, as such, all requirements must be met.

4. All bids submitted for the PAVEMENT MARKINGS 2025-2026 must include specifications as listed in this Invitation to Bid as identified in the cost proposal bid documents (See Attachment E). Bidder is responsible for all pavement markings listed within specified areas and should bid accordingly. This includes all roadways, public municipal parking lots (excluding Lot 5 and Parking Structures), Birmingham Ice Arena and Lincoln Skate Park, Lincoln Hills and Springdale Golf Courses, as well as the City Hall and Department of Public Services.

6. Crosswalks within the Central Business District (CBD-See Attachment B):

a. Crosswalks shall be painted the City standard Continental 24” wide bars.

7. Crosswalks outside the Central Business District:

a. Continental Design: Crosswalks with 24” wide bars will be repainted. Continental

Design-Crosswalks with smaller width bars will be repainted to the standard 24” wide bars.

b. Non-Continental Design: Will be repainted as is.

8. All locations within the perimeter marked on the map identified as Attachment C will be completed during the Fall. The entire City of Birmingham, including areas marked within Attachment C, shall be completed during the Spring. Any existing pavement markings in polyurea paint shall be repainted to meet or exceed the Michigan Department of State Highway and Transportation specifications (waterborne).

9. It is the bidders’ responsibility to ensure any and all existing pavement markings are included in the bid proposal. The City expects that the contractor will review all existing markings within the City of Birmingham to ensure the proposal is accurate.

Attachment A

AGREEMENT OF (PAVEMENT MARKINGS 2025-2026)

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 (name of party) a Michigan (Corporation, P.C., LLC, etc.), whose address is , hereafter referred to as Contactor and the foregoing shall collectively be referred to as the parties.

WHEREAS, the City has solicited sealed bids from qualified parties presenting their qualifications, capabilities and costs to provide PAVEMENT MARKINGS 2025- 2026 per the specifications contained in an Invitation to Bid; and

WHEREAS, Contractor has qualifications that meet the project requirements and has provided a response and cost proposal to perform PAVEMENT MARKINGS 2025- 2026 pursuant to the Invitation to Bid.

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 PAVEMENT MARKINGS 2025-2026 and all attachments thereto, posted May 30, 2025, and the Contractor’s response to the City’s Request for Proposal 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 have a term of one year from the date stated above. The City shall have the right to unilaterally terminate this Agreement on thirty (30) days written notice. In the event of termination, the Contractor shall receive compensation for services to the date the termination takes effect and the City shall be entitled to retain and use the results of all designs and renovations prepared by the Contractor through such date. The City and Contractor may, upon mutual written consent, agree to extend the Agreement at the same rate for two (2) additional years.

3. TERMS OF PAYMENT: The Contractor will invoice monthly for all labor and materials supplied for 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. Contractor shall employ personnel of good moral character and fitness in performing all services under this Agreement.

5. INSURANCE SUBMISSION REQUIREMENTS: The Contractor 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 Contractor 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 Contractors acceptance of the terms of this Agreement.

6. CONFIDENTIAL AND OR PROPRIETARY INFORMATION: The Contractor 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 Contractor recognizes that unauthorized exposure of such confidential or proprietary information could irreparably damage the City. Therefore, the Contractor agrees to use reasonable care to safeguard the confidential and proprietary information and to prevent the unauthorized use or disclosure thereof. The Contractor 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 Contractor further agrees to use such confidential or proprietary information only for the purpose of performing services pursuant to this Agreement.

7. INDEPENDENT CONTRACTOR: The Contractor and the City agree that the Contractor is acting as an independent contractor with respect to the Contractors role in providing services to the City pursuant to this Agreement, and as such, shall be liable for its own actions and neither the Contractor 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 Contractor 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 Contractor 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: Contractor 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 Contractor is subject, Contractor 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 Contractor, either by offset to any amounts due and owing Contractor 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; Contractor 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 Contractor shall indemnify and hold the City of Birmingham, its elected and appointed officials, employees and volunteers and others working on behalf of the City harmless from and against damages, losses and judgments, which may be asserted, claimed, or recovered against or from the City, its elected and appointed officials, employees, volunteers or others working on behalf of the City, including reasonable attorney fees and expenses recoverable under applicable law, but only to the extent of the degree of fault of the Michigan licensed architect for negligent acts or omissions of the Architect, its employees and its consultants in the performance of their professional services, in the performance of this Agreement.

11. STANDARD INSURANCE REQUIREMENTS: The Contractor 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: Contractor 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: Contractor 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: Contractor 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 Contractor 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: Contractor 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 employees 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. Professional Liability: If applicable, professional liability insurance with limits of not less than $2,000,000 per claim if Contractor will provide services that are customarily subject to this type of coverage.

F. Coverage Expiration: If any of the above coverages expire during the term of this Agreement, Contractor shall deliver renewal certificates and/or policies to the City at least (10) days prior to the expiration date.

G. Proof of Insurance Coverage: Contractor 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.

H. Maintaining Insurance: Upon failure of the Contactor 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: Ofc. Gina Moody

Contractor:

Attn: _______________________________________

13. COVID: The Contractor shall follow all of the City’s COVID-19 safety protocols while on City property. Additionally, Contractor staff which will be in physical contact with city staff must have current vaccinations against COVID-19. The City, at its discretion, may ask for proof of vaccination of Contractors staff. Failure to provide proof of vaccination when requested will cause the City to request un-vaccinated personnel to leave, request alternate staff, and if the Contractor is unable to comply, this violation of safety protocols will constitute a breach of contract by the Contractor.

14. 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.

15. 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.

16. COMPLETE AGREEMENT: The parties agree that the conditions set forth in this Agreement sets forth all terms and conditions of Contractor 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 Contractor 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.

17. 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 Contractor, the City shall have the right to terminate this Agreement without further liability to the Contractor if the disqualification has not been removed within thirty (30) days after the City has given the Contractor 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.

18. FAILURE TO PERFORM. If Contractor 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.

19. 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.

20. RESPONSE TO REQUESTS FOR PROPOSALS: The Contractor shall be held to and bound by all terms, conditions, warranties and representations which it made in its written response dated ___________, to the City’s Request for Proposals dated _____________(attached hereto as Attachment “B”). In the event of a conflict in any of the terms of this Agreement and the Contractor _________ (date of response) response, the terms of this Agreement shall prevail.

21. 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 Contractor, 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.

Contractor

By:

Its:

STATE OF MICHIGAN )

) ss:

COUNTY OF OAKLAND )

On this ______day of ____________ , 20__, 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:

Therese Longe, Mayor

Alexandria D. Bingham, City Clerk

APPROVED:

Jana L. Ecker, City Manager (Approved as to substance)

Scott A. Grewe, Police Chief (Approved as to substance)

Mary M. Kucharek, City Attorney (Approved as to form)

Mary Chavez, Finance Director (Approved as to Financial Obligation)

ATTACHMENT B – CENTRAL BUSINESS DISTRICT MAP

For “PAVEMENT MARKINGS 2025-2026”

ATTACHMENT C – FALL LINE PAINTING MAP

ATTACHMENT D - BIDDER’S AGREEMENT

In submitting this proposal, as herein described, the Contractor 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.

PREPARED BY

(Print Name)

DATE

TITLE DATE

AUTHORIZED SIGNATURE E-MAIL ADDRESS

COMPANY

ADDRESS PHONE

NAME OF PARENT COMPANY PHONE

ADDRESS

ATTACHMENT E – COST PROPOSAL (1 OF 3)

FALL 2025 HANDWORK

For “PAVEMENT MARKINGS 2025-2026”

NOTE: BIDDER IS RESPONSIBLE FOR QUOTING ALL PAVEMENT MARKINGS LOCATED

WITHIN THE BOUNDARY PROVIDED ON ATTACHMENT C

BIDDER TO COMPLETE ALL BLANKS IN THIS DOCUMENT

ITEM EST

QTY

DESCRIPTION OF WORK UNIT

PRICE

ITEM

TOTAL

1 6” CROSS *REFERENCE SCOPE OF WORK

2 12” CROSS *REFERENCE SCOPE OF WORK

3 24” CROSS *REFERENCE SCOPE OF WORK

4 YELLOW CURB

5 SCHOOL LEGENDS

6 ONLY LEGENDS

7 25 MPH LEGENDS

8 LEFT TURN ARROWS

9 RIGHT TURN ARROWS

10 THRU ARROWS

11 COMBO ARROWS

12 BLUE CURB

13 HANDICAP SYMBOLS

14 6” BLUE

15 6” PARKING

16 6” WHITE HATCH – CROSSWALKS *REFERENCE SCOPE OF WORK

17 12” WHITE HATCH – CROSSWALKS *REFERENCE SCOPE OF WORK

18 16” WHITE HATCH – CROSSWALKS *REFERENCE SCOPE OF WORK

19 18” WHITE HATCH – CROSSWALKS *REFERENCE SCOPE OF WORK

20 12” STOP

21 18” STOP

22 24” STOP

23 4” WHITE – CITY PARKING LOTS

24 6” WHITE – CITY PARKING LOTS

25 6” YELLOW –CITY PARKING LOTS

26 YELLOW CURB – CITY PARKING LOTS

27 4” BLUE – CITY PARKING LOTS

28 6” BLUE – CITY PARKING LOTS

29 HANDICAP SYMBOLS – CITY PARKING LOTS and METER SPACES

30 YELLOW LINE - SEE ATTACHED LIST

31 WHITE LINE – SEE ATTACHED LIST

32 SHARROWS (TRAVEL LANE SYMBOL FOR CYCLISTS)

33 MOPED SYMBOLS (STENCIL PLUS 4” WHITE LINES)

34 MOBILIZATION / SETUP CHARGE

BID GRAND TOTAL AMOUNT (FALL 2025)

It is understood and agreed that all bid prices shall remain in effect for at least ninety (90) days from the date of bid opening to allow for the award of the bid.

ATTACHMENT E – COST PROPOSAL (2 OF 3)

SPRING 2026 HANDWORK

For “PAVEMENT MARKINGS 2025-2026”

NOTE: BIDDER IS RESPONSIBLE FOR QUOTING

ALL PAVEMENT MARKINGS LOCATED

WITHIN THE CITY OF BIRMINGHAM

It is understood and agreed that all bid prices shall remain in effect for at least ninety (90) days from the date of bid opening to

ITEM EST

QTY

DESCRIPTION OF WORK UNIT

PRICE

ITEM

TOTAL

1 6” CROSS *REFERENCE SCOPE OF WORK

2 12” CROSS *REFERENCE SCOPE OF WORK

3 24” CROSS *REFERENCE SCOPE OF WORK

4 YELLOW CURB

5 SCHOOL LEGENDS

6 ONLY LEGENDS

7 25 MPH LEGENDS

8 LEFT TURN ARROWS

9 RIGHT TURN ARROWS

10 THRU ARROWS

11 COMBO ARROWS

12 BLUE CURB

13 HANDICAP SYMBOLS

14 6” BLUE

15 6” PARKING

16 6” WHITE HATCH – CROSSWALKS *REFERENCE SCOPE OF WORK

17 12” WHITE HATCH – CROSSWALKS *REFERENCE SCOPE OF WORK

18 16” WHITE HATCH – CROSSWALKS *REFERENCE SCOPE OF WORK

19 18” WHITE HATCH – CROSSWALKS *REFERENCE SCOPE OF WORK

20 12” STOP

21 18” STOP

22 24” STOP

23 4” WHITE – CITY PARKING LOTS

24 6” WHITE – CITY PARKING LOTS

25 6” YELLOW – CITY PARKING LOTS

26 YELLOW CURB – CITY PARKING LOTS

27 4” BLUE – CITY PARKING LOTS

28 6” BLUE – CITY PARKING LOTS

29 HANDICAP SYMBOLS – CITY PARKING LOTS AND METER SPACES

30 YELLOW LINE - SEE ATTACHED LIST

31 WHITE LINE – SEE ATTACHED LIST

32 SHARROWS (TRAVEL LANE SYMBOL FOR CYCLISTS)

33 MOPED SYMBOLS (STENCIL PLUS 4” WHITE LINES)

34 MOBILIZATION / SETUP CHARGE

BID GRAND TOTAL AMOUNT (SPRING 2026)

ATTACHMENT E – COST PROPOSAL (3 OF 3)

SPRING 2026 YELLOW AND WHITE LONG LINES / CENTER LINES

NOTE: BIDDER IS RESPONSIBLE FOR QUOTING

ALL QUANTITIES OF LOCATIONS LISTED BELOW

STREETS TO BE PAINTED IN ACCORDANCE WITH MMUTCD:

Adams Road/Woodward to Big Beaver Bates/Willits to Lincoln, and dead-end of Bates Bowers/Adams to Woodward Bowers/East of Adams for approximately one block Brown Street/Southfield to Woodward Chester/Brown to Willits Chesterfield for approximately 135' south of Quarton and also for approximately 200’ North of Maple Coolidge southbound between Derby and Maple Derby/East of Adams for approximately one block Elm Street/Haynes to Bowers Elm Street/south of Maple for approximately 40' Eton/Derby to Eton one block north of 14 Mile (include in bid amount – do not paint without approval) include bicycle lane long lines 14 Mile Road/Cummings to east city limits (north lane lines only) Hamilton/Woodward to Old Woodward Lincoln/Arlington to Eton and Cranbrook to Hillside Maple/Cranbrook to Southfield Maple/Woodward to Coolidge (Edenborough to Coolidge, north lane lines only) Merrill/Southfield to Woodward Oak Street/Old Woodward to Woodward/Lakeside to City limits Oakland Boulevard/Old Woodward to Lawndale Old Woodward/North crossover to Willits/Oakland Park Street/Maple to Oakland Pierce Street/Maple to Brown Shirley/from a point 300' north of Lincoln to a point 600' north of Lincoln Southfield/Maple to l4 Mile Road Willits/Woodward to Chester

It is understood and agreed that all bid prices shall remain in effect for at least ninety (90) days from the date of bid opening to

ITEM EST

QTY

DESCRIPTION OF WORK UNIT

PRICE

ITEM

TOTAL

1 YELLOW LINE

2 WHITE LINE

3 MOBILIZATION / SETUP CHARGE

BID GRAND TOTAL AMOUNT (SPRING 2026)

ATTACHMENT F - IRAN SANCTIONS ACT VENDOR CERTIFICATION

FORM For “PAVEMENT MARKINGS 2025-2026”

Pursuant to Michigan law and the Iran Economic Sanctions Act, 2012 PA 517 (“Act”), prior to the City accepting any bid or proposal, or entering into any contract for goods or services with any prospective Vendor, the Vendor must certify that it is not an “Iran Linked Business”, as defined by the Act.

By completing this form, the Vendor certifies that it is not an “Iran Linked Business”, as defined by the Act and is in full compliance with all provisions of the Act and is legally eligible to submit a bid for consideration by the City.

PREPARED BY

(Print Name)

DATE

TITLE DATE

AUTHORIZED SIGNATURE E-MAIL ADDRESS

COMPANY

ADDRESS PHONE

NAME OF PARENT COMPANY PHONE

ADDRESS

TAXPAYER I.D.#

BIDDER TO COMPLETE ALL BLANKS IN THIS DOCUMENT