ITB-RFP 2025-2027 Landscape Bed Maintenance Services.pdf

REQUEST FOR PROPOSALS

For 2025-2027 Landscape Bed Maintenance Services

Sealed proposals endorsed “For 2025-2027 Landscape Bed Maintenance Services” will be received at the Department of Public Services, 851 S. Eton St, Birmingham, 48009; until Tuesday, March 25, 2025 at 11 a.m., after which time bids will be publicly opened and read. Results will be posted on MITN.

The City of Birmingham, Michigan is accepting sealed bid proposals from qualified professional contractors to perform landscape bed maintenance services in select parks, city properties and streetscapes located throughout the City of Birmingham through November 30, 2027. The City has the right to extend the contract an additional two years through November 30, 2029 (using pricing from 2027) if the City desires to do so and at the City’s sole discretion. This work must be performed as specified accordance with the specifications contained in the Request For Proposals (RFP).

A mandatory pre-bid meeting with a question and answer session will be held on Wednesday, March 19, 2025 at 10:00 a.m. at the Department of Public Services.

Bidders must register for the pre-bid meeting by 3 pm Tuesday, March 18, 2025 by contacting Brendan McGaughey, 248-530-1715, or bmcgaughey@bhamgov.org.

The RFP, including the Specifications, may be obtained online from the Michigan Inter-governmental Trade Network at http://www.mitn.info or at the City of Birmingham, 851 S. Eton, Birmingham, Michigan, ATTENTION: Brendan McGaughey.

The acceptance of any proposal made pursuant to this invitation shall not be binding upon the City until an agreement has been executed by both parties.

Submitted to MITN: March 11, 2025 Mandatory Pre-Bid Meeting: March 19, 2025 at 10 a.m.

Deadline for Submissions: Tuesday, March 25, 2025 at 11 a.m.

Contact Person: Brendan McGaughey 851 S. Eton St.

Birmingham, MI 48009 Phone: 248-530-1715 Email: bmcgaughey@bhamgov.org http://www.govbids.com/scripts/MITN/public/home1.asp

REQUEST FOR PROPOSALS

Contents

INTRODUCTION

REQUEST FOR PROPOSALS (RFP)

INVITATION TO SUBMIT A PROPOSAL

INSTRUCTIONS TO BIDDERS

EVALUATION PROCEDURE AND CRITERIA

TERMS AND CONDITIONS

CONTRACTOR’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

AGREEMENT OF 2025-2027 Landscape Bed Maintenance Services

ATTACHMENT B - BIDDER’S AGREEMENT

ATTACHMENT D - IRAN SANCTIONS ACT VENDOR CERTIFICATION FORM

ATTACHMENT C- COST PROPOSAL…………………………………………………..25

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 “Contractor.”

The City of Birmingham, Michigan is accepting sealed bid proposals from qualified professional contractors to perform landscape bed maintenance services in select parks, city properties and streetscapes located throughout the City of Birmingham. This work must be performed as specified accordance with the specifications outlined by the Scope of Work contained in this Request For Proposals (RFP).

During the evaluation process, the City’s best interest will be served and the City reserves the right to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City, contractors submitting proposals may be requested to make oral presentations as part of the evaluation.

It is anticipated the selection of a contractor will be completed by April 8, 2025. An Agreement for services will be required with the selected Contractor. 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, capabilities and costs to perform landscape bed maintenance services in select parks, city properties and streetscapes located throughout the City of Birmingham.

INVITATION TO SUBMIT A PROPOSAL

Proposals shall be submitted no later than March 25, 2025 at 11 a.m. to:

Department of Public Services Attn: Brendan McGaughey 851 S. Eton St

Birmingham, Michigan 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, “2025-2027 Landscape Bed Maintenance Services”. 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 Contractor’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:

Brendan McGaughey, 851 S. Eton St., Birmingham, MI 48009

OR bmcgaughey@bhamgov.org

Such request for clarification shall be delivered, in writing, no later than 5 days prior to the deadline for submissions.

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: Contractor name, address, city, state, zip code, telephone number, and fax number. The Contractor 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. Related experience with similar projects, Contractor background, and personnel qualifications.

3. Quality of materials proposed.

4. Overall Costs.

5. 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 Contractor if the successful Contractor 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 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 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

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

6. The successful bidder will be required to furnish a Performance Bond in an amount not less than 100% of the contract price in favor of the City of Birmingham, conditioned upon the faithful performance of the contract, and completion on or before the date specified.

7. 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.

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

9. The successful bidder shall enter into and will execute the contract as set forth and attached as Attachment A.

CONTRACTOR’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. Bidder’s Agreement (Attachment B - p. 23)

b. Cost Proposal (Attachment C – p. 25, Excel File also attached)

c. Iran Sanctions Act Vendor Certification Form (Attachment D - p. 24)

d. Agreement (p. 15 – will be executed only if selected by the City).

2. Provide a description of completed projects that demonstrate the contractor’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. 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 Contractor, 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 the building and parking permits if applicable at no cost to the contractor.

10. The successful bidder shall provide a Performance Bond in an amount not less than 100% of the contract price in favor of the City of Birmingham, conditioned upon the faithful performance of the contract, and completion on or before the date specified.

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. No work can occur on Sundays or Federal Holidays.

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 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, 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 Contractor 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

It is expected that the spring cleanup and mulch will be completed annually by May 15th.

It is expected fall clean up and perennial cut down will be completed annually by November 15th.

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

SCOPE OF WORK

The Contractor shall perform the following services in accordance with the requirements as defined and noted herein:

1. The Contractor shall furnish all labor, materials, and equipment required to perform all required work necessary for the performing landscape bed maintenance services in select parks, city properties and streetscapes throughout the City of Birmingham.

2. The Contractor shall be responsible for the disposal of all materials in a safe and legal manner. . All bidders will outline their procedures for dust and debris collection during working hours and all cleaning activities.

3. The Contractor shall be responsible for repairing any damage caused as a result of working, including turf repairs with seed and topsoil. Damage to irrigation systems must be reported immediately to the City representative. Damaged irrigation pipes should be left above ground and capped/taped off until Contractor is able to repair it.

4. The Contractor shall operate in a safe manner and will observe all MIOSHA guidelines.

5. The Contractor shall comply will all City of Birmingham’s regulations for maintaining construction sites.

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

The Contractor shall perform the following services in accordance with the requirements as defined and noted herein:

The Contractor shall be responsible for landscape bed maintenance services of several parks, municipal properties and streetscapes in the City of Birmingham as outlined in the following description and attached cost proposal spreadsheet. NOTE: This proposal does not include mowing of grass, sidewalk treatments, or shrub/tree trimming.

The bed maintenance season shall begin on or around April 15th to on or around November 30th, for the years 2025, 2026 and 2027. The City will have the option to extend the contract for an additional 2 years through November 30, 2029 using 2027 pricing. The Contractor will be notified as to the actual start and end date of each season.

The successful bidder shall furnish all labor, materials and necessary tools, equipment, accessories, debris removal, and transportation service to perform all work required in connection with the landscape maintenance in the areas specified.

It is anticipated that the spring cleanup and mulch will be completed annually by May 15th. It is anticipated fall clean up and perennial cut down will be completed annually by November 15th.

LANDSCAPE BED MAINTENANCE

Contractor is to provide all labor, debris removal and equipment necessary for landscape bed maintenance on City property. The list of locations is following this section, page 12. The start of the season shall begin with an initial spring clean-up and 2” mulch application at a date to be determined by the City prior to the regularly scheduled maintenance period. Work then shall be performed every two weeks (approximately beginning the second week in May) through approximately the second week in October, for a total of 24 weeks or 12 work events for weed control and debris clean up. A final fall bed cleanup shall again take place at the end of the season, in early to mid-November, for a grand total of 14 work events each season.

This work shall include all labor, materials, equipment, supplies and services to maintain the landscaped beds in an attractive, healthy, litter and weed free condition. All work shall be performed in a professional workmanlike manner using quality methods.

Trash, litter, weeds and other debris shall be disposed of properly and not placed in City dumpsters or at any City facility. Landscape beds shall be weeded as often as necessary to discourage unsightly weed growth.

This contract is for landscape beds specifically (any area on public property with mulch within the defined work areas as shown on the provided maps). This does not include grass cutting, fall clean up in turf areas, etc. Contractor may not dispose of any debris into unmaintained areas or turf areas.

Work Event Definitions:

Spring Clean Up:

Remove and dispose of all leaves/debris which has accumulated in bed areas. Rake as needed. Remove dead perennial foliage as needed. Redefine bed edges in preparation of mulching, mechanically or with an edging shovel. An edging shovel should be used where a bed borders concrete to provide an even 2.5” depth so the mulch does not spill out of the bed (mulch to be left .5” below bed edges to avoid spillage). Properly dispose of all debris. Same day disposal of all removed material is required.

Mulch:

All landscape beds require a “pre-season” mulch application. Contractor will install two

(2) inches of new double shredded hardwood mulch. This mulch will be of a fibrous nature derived from shredded native hardwood trees. Mulch will be consistent in nature and have a minimum particle size of one-half (1/2) inch and a maximum of three (3) inches. Product will be free of sand, dirt, gravel, or any other material inconsistent with the purpose of the mulch. Mulch must be approved by the City’s designated representative prior to installation. Must be completed by May 15, weather dependent.

Mulch around trees is to be kept tree (3) inches away from the trunks at all times.

Contractor will be called back at no charge to the City to remove mulch from tree trunks if done improperly. No mulch volcanoes.

Mulch can be delivered to the Kenning Complex (2300 E. Lincoln) and temporarily stored during the spring cleanup and mulch application work visits (location identified on Kenning Complex map attached in bid documents). The Contractor must clean up the mulch storage area appropriately and leave it in a neat and clean condition once finished.

The Contractor should not plan to store mulch at Kenning Complex for any longer than is necessary and shall complete the spring cleanup and mulch application efficiently in order to not cause any unnecessary delay in cleaning up the storage location (approximately 2 weeks).

Bi-Weekly Landscape Bed Maintenance:

Weeds distracting from the site shall be pulled and removed and/or be treated with herbicide if appropriate. It is expected that each site shall be checked on a bi-weekly basis for weeds. A pre-emergent weed control product (i.e. Preen®) is to be applied with the mulch application (pre-emergent beneath mulch application). Post-emergent weed control products (i.e. Cheetah Pro) are to be applied as needed. Any use of herbicide must be done under the supervision of a Commercial Pesticide Applicator through the state of Michigan, and proper signage and records are to be kept if used.

Tulip and Hyacinth bulbs are to be cut down at the beginning of the season once their blooms are complete and the foliage has browned out (approximately late June annually). Beds containing bulbs are noted with an asterisk on the list of landscape bed areas, page 12-14.

Bed edges of the landscape bed areas are to be mechanically re-edged as needed to maintain a clean, crisp bed definition.

Perennials shall be dead headed in a manner consistent with the growth and blooming habits of the individual plant types. Daylily stalks shall be removed as needed.

Approval from the City is required before dividing and/or transplanting of any perennial is performed.

The City’s designated representative shall be notified immediately if there is any dead, broken, damaged or unsightly plant material prior to removal. Contractor is to submit a written report recommending replacement. This report will identify the location, size and type of plant, the suspected reason for decline, and the cost for replacement. No replacement plantings are to be done without consent of the City.

The City’s representative shall be notified immediately if there are any problems observed with existing trees and/or shrubs. The Contractor is not responsible for any trimming or pruning of trees and shrubs.

The Contractor is not responsible for the repair or maintenance of irrigation systems as part of this contract, unless the system is damaged by the Contractor. The Contractor shall notify the City representative of any damage done to the irrigation system as a result of work performed by the Contractor within 24 hours. The City must approve any repairs done by Contractor in advance and will be at no additional charge to the City.

Irrigation repairs (not caused by Contractor) are not part of this contract.

Fall Clean Up:

Trash, debris, leaves, litter, twigs, branches, etc. shall be removed to accomplish a clean and premium appearance of the properties. Ornamental grasses and perennials shall be cut back to within 3 inches of the ground each fall. Same day disposal of all removed material is required.

Locations: See Bid Document “Landscape Bed Maintenance Site Maps” for work boundaries

1. Buckingham Property Cambridge/Buckingham Landscape bed along fence line

2. Kenning Complex 2300 E. Lincoln Bump out islands, skate park surroundings, PD pistol range, ice arena entrance

3. Adams Fire Station Sitting Courtyard *

572 S. Adams

4. Woodward & Lincoln Bus Stop Woodward Ave & Lincoln St, SW corner

5. Martinizing Corner Same location as #4, excludes bed up against building

6. Tree Rings (7) North of Lincoln along Woodward Ave Between Southbound Woodward and Old Woodward Ave, north of Lincoln

7. Barnum Park * 746 Purdy St Landscape Bed adjacent to Parking lot and “Sanctuary Area”, including mulch around trees and shrubs in this area only (across from 264 George St.)

8. Birmingham Museum and Historical Hunter House 556 W. Maple Rd.

9. Southfield Triangle Median Bed @ Southfield/Maple

10. Martha Baldwin Park *

Southfield Rd.& W. Maple Rd Landscape Beds and Tree Rings (not bioswale on western side of park)

11. Quarton Lake Dam & Grist Mill Beds

North of W. Maple, West of Baldwin, off of Mill Race Ct

12. Mill Race Cul-de-sac

Cul-de-sac bed across from 240 Mill Race

13. Oak and Lakeside Corner Southwest Corner of Oak and Lakeside

14. Oak Median Island @ Lake Park

At Lake Park

15. Maple Median @ Lake Park E of Lake Park

16. Maple Median @ Baldwin N of Baldwin

17. Maple Median @ Pierce W of Pierce

18. Birmingham Fire Station #2 (Chesterfield) 1600 W Maple Rd

19. Booth Park 475 N. Old Woodward All landscape beds surrounding playground area, including “labyrinth”

20. Derby Tank

All mulched tree rings and beds around water tank (W of 1600 Derby)

21. Hunter Tank Behind 35046 Woodward Avenue

22. Maple & S Eton Staircase North side of E. Maple, east of N. Eton

23. Adams Park NW Corner Ridgedale @ N Adams All mulched beds and tree rings, excludes playground mulched area and rain garden in SE corner of park

24. Old Woodward Median Beds @ Hamilton Row, Merrill

1x bed S of Hamilton Row, 2x Beds N of Merrill

25. South Old Woodward (Brown to Crosswalk N of Landon St) 73 Raised Beds in Easements, 6 Medians (Beds & Tree Rings)

26. Brown Street (Old Woodward to Woodward Ave)

Raised Beds in Easements, Medians and Tree Wells/Rings

27. Woodward Avenue “Enhanced” Area Median Beds (Oakland to Chestnut & 1 Bed S of Oak) Beds in medians and tree rings (excludes 2x Large Flower Planting beds adjacent to sidewalk on either side of Maple)

28. Gateway Sign Beds (4)

• Woodward Median/S of Big Beaver

• Woodward Median/N of 14 Mile

• Maple/W of Coolidge, North Side of Road

• Maple/E of Cranbrook, South Side of Road

Additional Bid Items:

• Hourly Labor Price for landscape maintenance items covered within this scope

(weeding, deadheading, spring and fall cleanup, etc.). Price includes debris removal, equipment, etc.

• Hourly Labor Price for removal of mulch at these sites (only per direction of the

City) where mulch has piled up too high over the years. Price includes debris removal, equipment, etc.

AGREEMENT OF 2025-2027 Landscape Bed Maintenance Services

THIS AGREEMENT is entered into this ___ day of _____________, 2025, by and between the CITY OF BIRMINGHAM, whose address is 151 Martin St, 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 Contractor) 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 landscape bed maintenance services in select parks, city properties and streetscapes located throughout the City of Birmingham; and

WHEREAS, Contractor has qualifications that meet the project requirements and has provided a response and cost proposal to perform landscape bed maintenance services in select parks, city properties and streetscapes located throughout the City of Birmingham.

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 2025-2027 Landscape Bed Maintenance Services, dated __________, 2025, to perform landscape bed maintenance services in select parks, city properties and streetscapes located throughout the City of Birmingham, 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 is for landscape bed maintenance services in 2025, 2026 and 2027. The term will begin April 10, 2025 and end November 30, 2027. The City, at its sole discretion, shall have the right to extend the contract an additional two years (using 2027 pricing) through November 30, 2029. 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.

3. TERMS OF PAYMENT: The Contractor 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. PERSONNEL: 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 Contractor 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 Contractor 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 and any entity or person for whom the Contractor 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 Contractor 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 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) 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. Pollution Liability Insurance: Contractor shall procure and maintain during the life of this Agreement Pollution Liability Insurance, with limits of liability of $1,000,000, per occurrence preferred, but claims made accepted.

E. 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.

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 Contractor 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: Scott Zielinski

Contractor:

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 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.

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 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.

17. 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.

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 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 “A”). In the event of a conflict in any of the terms of this Agreement and the Contractor’s_________ (date of response) response, the terms of this Agreement shall prevail.

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 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 ____________ , 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:

Therese Longe, Mayor Date:_____________

Alexandria D. Bingham, City Clerk

APPROVED:

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

Scott D. Zielinski, PE, Director of Public Services (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

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 D - IRAN SANCTIONS ACT VENDOR CERTIFICATION FORM

Pursuant to Michigan Law and the Iran Economic Sanction 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.#

Site # Site Name

2025 Total (Spring C/U, Mulch, Bed

Edging, 12x Weeding & D/H Visits, Fall C/U)

2026 Total (Spring C/U, Mulch, Bed Edging 12x Weeding &

D/H Visits, Fall C/U)

2027 Total (Spring C/U, Mulch, Bed Edging, 12x Weeding &

D/H Visits, Fall C/U) 3-Year Grand Total

If City opts for no mulch application for a year: Price of 2" Mulch Application w/ bed edging (to be subtracted from site total that season if applicable)

1 Buckingham Property

2 Kenning Complex

3 Adams Fire Station #1

4 Woodward and Lincoln Bus Stop

5 Martinizing Corner

Tree Rings (7) North of Lincoln along Woodward Avenue

7 Barnum Park

8 Birmingham Museum & Historical Hunter House

Attachment C- Cost Proposal 2025-2027 Landscape Bed Maintenance Services

9 Southfield/Maple Triangle Bed

10 Martha Baldwin Park

11 Quarton Lake Dam & Grist Mill Beds

12 Mill Race Cul-de-sac

13 Oak & Lakeside SW Corner

14 Oak Median Island @ Lake Park

15 Maple Median @ Lake Park

16 Maple Median @ Baldwin

Maple Median Bed @ Pierce

18 Chesterfield Fire Station #2

19 Booth Park

20 Derby Tank

21 Hunter Tank

22 Eton & Maple Staircase

23 Adams Park

Old Woodward Median Beds (3) (Oakland to Brown)

S Old Woodward Raised Beds (All raised easement beds and medians, Brown to Crosswalk N of Landon)

26 Brown St Beds (Easements and Medians)

Woodward Avenue "Enhanced" Median Beds & Tree Rings (Oakland to Chestnut St & 1 Bed S of Oak)

Gateway Sign Beds (4) Maple/E of Cranbrook, Woodward Median N of Oak, Maple/S of Coolidge, Woodward Median N of 14 Mile

TOTALS:

Additional Bids:

Firm Name _________________________________________

Authorized signature _________________________________

Date______________

Labor price per hour for removing debris/mulch from beds upon request by the City (price should be all inclusive and include equipment, debris removal, etc.) $/labor hour

Labor price per hour for performing additional weeding/deadheading bed maintenance services as needed (price should be all inclusive and include equipment, debris removal, etc.) $/labor hour