RFP Police Department Renovations-Expansions Project.pdf

REQUEST FOR PROPOSAL

(POLICE DEPARTMENT RENOVATIONS/EXPANSIONS)

Sealed proposals endorsed “POLICE DEPARTMENT RENOVATIONS/EXPANSIONS”, will be received at the Office of the City Clerk, 151 Martin Street, PO Box 3001, Birmingham, Michigan, 48012; until Wednesday, September 10, 2025 at 2:00 p.m. at which time bids will be publicly opened and read.

Contractors will be required to attend a mandatory pre-bid meeting on Wednesday, August 13th, 2025 at 2:00 p.m. at the City of Birmingham Municipal Building, 151 Martin Street, Birmingham, MI, – City Commission Room 2nd floor. Contractors must register for the pre-bid meeting by Monday, August 11, 2025 at 2:00 p.m. by contacting Chief Scott Grewe at (248) 530-1867 or by email at sgrewe@bhamgov.org.

The City of Birmingham, Michigan is accepting sealed bid proposals from qualified professional firms to furnish all labor, equipment, material and supervision necessary for the POLICE DEPARTMENT RENOVATIONS/EXPANSIONS designs for construction services of four parts of the Police Department project. This work must be performed as specified in accordance with the specifications contained in the Request for Proposal

(RFP).

The RFP, including the Specifications, may be exclusively 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: Wednesday, July 30, 2025 Pre-bid RSVP deadline: Monday, August 11, 2025 at 2:00 p.m.

Mandatory Pre-Bid Meeting: Wednesday, August 13, 2025 at 2:00 p.m., 151 Martin

Street, Birmingham, MI 48009 – City Commission Room 2nd floor.

Deadline for Submissions: Wednesday, September 10, 2025 at 2:00 p.m.

Contact Person: Chief Scott Grewe 151 Martin Street Birmingham, MI 48009 Phone: (248) 530-1867 Email: sgrewe@bhamgov.org http://www.govbids.com/scripts/MITN/public/home1.asp

REQUEST FOR PROPOSAL

(POLICE DEPARTMENT RENOVATIONS/EXPANSIONS)

Contents

INTRODUCTION

REQUEST FOR PROPOSAL (RFP)

MANDATORY PRE-BID MEETING

INVITATION TO SUBMIT A PROPOSAL

INSTRUCTIONS TO CONTRACTORS

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

BACKGROUND

SCOPE OF WORK

ATTACHMENT A - AGREEMENT

ATTACHMENT B - BIDDERS AGREEMENT

ATTACHMENT C - COST PROPOSAL

ATTACHMENT D - IRAN SANCTIONS ACT VENDOR CERTIFICATION FORM

INTRODUCTION

For purposes of this RFP the City of Birmingham will hereby be referred to as “City” and the private firm will hereby be referred to as “Contractor.”

The City is accepting sealed bid proposals from qualified professional firms to submit a proposal for POLICE DEPARTMENT RENOVATIONS/EXPANSIONS designs for renovations/expansions and construction services of this project. This work must be performed in accordance with the specifications outlined by the Scope of Work contained in this 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 October 6, 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 agreement by the City.

REQUEST FOR PROPOSAL (RFP)

The purpose of this RFP is to request sealed bid proposals from qualified parties presenting their qualifications, capabilities and costs to provide POLICE DEPARTMENT

RENOVATIONS/EXPANSIONS.

MANDATORY PRE-BID MEETING

Prior to submitting a bid, interested firms are required to attend a pre-bid meeting to conduct an on-site visit of the Birmingham City Hall and Police Department to make inquiries about the RFP. This meeting will be held on Wednesday, August 13, 2025 at 2:00 p.m. 151 Martin Street, Birmingham, MI in the City Commission Room on the 2nd floor (Room 205).

INVITATION TO SUBMIT A PROPOSAL

Proposals shall be submitted no later than Wednesday, September 10, 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 bid proposal shall be submitted. The bid proposal should be firmly sealed in an envelope, which shall be clearly marked on the outside, “POLICE DEPARTMENT RENOVATIONS/EXPANSIONS”. 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 proposal provided each proposal meets the functional requirements of this Request For Proposal.

INSTRUCTIONS TO CONTRACTORS

1. Any and all attached forms contained herein requesting information from the

Contractor must be completed (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: Chief Scott Grewe, (248) 530-1867, sgrewe@bhamgov.org, 151 Martin Street, Birmingham, MI 48009. Such request for clarification shall be delivered, in writing, no later than 5 days prior to the deadline for submissions.

3. All bid 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 Contractors and general information sections. All bid 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 Contractor.

4. The contract will be awarded by the City of Birmingham, at our 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 Contractor shall include in his or her proposal, in the format requested, the cost of performing the work per project 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 company with tax exemption information when requested.

6. Each Contractor 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

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 proposals based on, but not limited to, the following criteria:

1. Ability to provide services as outlined.

2. Contractor background and personnel qualifications.

3. Related experience with similar projects.

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 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, or in the case the City elects not to proceed to the next phase of the RFP.

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. 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 Contractor shall provide the following as part of their proposal:

1. Completed and signed forms requested for completion within this RFP, including:

a. Agreement (Attachment A)

b. Bidder’s Agreement (Attachment B)

c. Cost Proposal (Attachment C)

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

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

5. A list of sub-contractors and their qualifications, if applicable. For proposed buildout options or exterior alterations, the Contractor must use a qualified Contractor in strict accordance with the Secretary of Interior Standards (36 CFR, Part 61) for the Treatment of Historic Properties.

6. Three (3) client references from past projects, including current phone numbers. At least two (2) of the client references should be for similar projects.

7. The Contractor shall be responsible for the disposal of all material and any damages which occur as a result of any actions by employees or sub-contractors of the Contractor during this project.

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

9. The Contractor with the successful bid 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.

SETTLEMENT OF DISPUTES

The successful Contractor agrees to certain dispute resolution processes/limitations in accordance with paragraph 19 of the Agreement attached as Attachment A.

INSURANCE

The successful Contractor is required to procure and maintain certain types of insurances in accordance with paragraph 11 of the Agreement attached as Attachment A.

CONTINUATION OF COVERAGE

The Contractor shall 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

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 Contractor shall indemnify the City and various associated persons in accordance with paragraph 10 of the Agreement attached as Attachment A.

CONFLICT OF INTEREST

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

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

Submitted to MITN: Wednesday, July 30, 2025

Pre-bid RSVP deadline: Wednesday, August 11, 2025 at 2:00 p.m.

Mandatory Pre-Bid Meeting: Wednesday, August 13, 2025 at 2:00 p.m. 151 Martin Street, Birmingham, MI 48009 – City Commission Room 2nd floor.

Deadline for Submissions: Wednesday, September 10, 2025 at 2:00 p.m. – Bids publicly opened 151 Martin Street, Birmingham, MI 48009 – City Commission Room 2nd floor.

Award of Bid: Estimated award by October 6, 2025.

Project Kickoff: Work expected to begin October 7, 2025.

Phase 1 Conceptual Design Due: Wednesday, November 5, 2025 – Phase 1 report submitted to the City.

Phase 2 Conceptual Design Due: Phase 2 timeline will be determined by the City at a later date and reviewed with the selected Contractor.

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

BACKGROUND

The historic municipal building, located at 151 Martin St, was built in 1928 and houses the Police Department and City Hall. Throughout the years, there have been some renovations and additions to the building, the last completed in 1993. In June of 2021, the Police Department successfully completed the Michigan Association of Chiefs of Police (MACP) Law Enforcement Accreditation Program. As part of the program, the Police Department had to pass a final on-site assessment. The MACP Law Enforcement Accreditation Program wrote a comprehensive evaluation report that covered all aspects of the department. The Police Department met or exceeded standards in every category but one, the safety and security of the Police Department building itself.

The Police Department is housed on three of the four levels of City Hall. The last renovation of the Police Department occurred in 1993. Since then, there have been no major renovations to the Police Department. The Police Department lacks sufficient storage for equipment and records. Some current storage locations have been identified as available space to expand work areas and install of an interview room to address safety and security needs. These developments increases the need for off-site secure storage.

Additionally, the Police Department has no secure area for the transportation of prisoners between police cars and our booking facilities. These safety concerns are further exacerbated by the unsecured nature of the police parking area. This area is used by City Hall staff, members of the public visiting City Hall, and routinely by pedestrians traversing our downtown area. These regular uses further the safety concerns of not only our officers and prisoners during transports but also civilians that can come into contact with these transports due to the current facility design.

Police Department issues that must be addressed:

1. Sally Port: Currently, the Police Department has no such facility. Officers park patrol cars in the open courtyard, remove their weapons and place them in a secure area of the vehicle. The officer then removes the defendant from the vehicle in full public view, escorts the defendant across the parking lot with the defendant in handcuffs, and walks up a ramp to the booking room door, where a dispatcher is contacted via buzzer to unlock the door. This is all open to the public.

2. Interview Room/Prisoner Release: The adult holding cells are on the ground floor next to the clerical area. When a defendant is removed from the cell to be interviewed, the defendant has to be handcuffed and escorted through the clerical area (civilian employees present), through the police lobby area (public present), through the main City Hall lobby (public present), down a flight of stairs into the basement level where the police interview room is located. When a prisoner is released from custody, the prisoner is released through the Police Department clerical area (civilian employees present).

3. Public Safety Answering Point (PSAP): Our current PSAP center is undersized for our current operations making work conditions difficult for the operation.

When originally designed, the PSAP center housed two dispatchers. Now the PSAP center regularly houses three dispatchers and more computer equipment and monitors than the area was designed to accommodate. Additionally, a City wide camera program requires multiple monitors for our dispatch staff to monitor, which the center was never designed to handle.

4. Garage Storage: The Police Department has no access to interior storage for equipment such as our radar trailers, camera trailer, Polaris Ranger, and Motorcycles, except for a shared City Hall garage. This shared garage does not provide the space for all the Police Department’s needs, resulting in equipment left outside when not in use. This causes increased deterioration due to the elements. Additionally, the Police Department uses a City wide shared storage location for police files. As a result of security requirements for the police files, other City staff members must be escorted by the Police Department to access their storage items. Building a Police Garage will create the space the department needs to address the secure storage of our items while freeing up space in the shared storage areas for the rest of City Hall.

The City is committed to addressing the safety and security of the existing building through this process to ensure the safe continued use of the historic municipal building.

SCOPE OF WORK

The City is currently soliciting bids for a Contractor to perform the following services in accordance with the requirements as defined and noted herein:

This project includes four separate construction projects (Police Garage, Interview Room, Sally Port, PSAP Expansion). These four projects will be spread across multiple fiscal years for the City of Birmingham. The first phase, starting in 2025, will include the design for renovations/expansions, as well as the construction services of the Police Garage and Interview Room. Phase two of the project is expected to begin in the summer of 2026 and includes the Sally Port and Dispatch expansion.

Contractors shall prepare separate bids for all four projects, including a final total. Bids shall include all phases of the project from conceptual design through construction services.

Phase 1 – Police Garage / Interview Room The Contractor should generate recommendations of potential actions for the Police Department, including, but not limited to:

1. Develop state-of-the-art solutions and conceptual design plans to address the identified needs and deficiencies. Bids shall include all phases of the project (conceptual design, plan preparation, construction services):

a. Police Garage to be built on our DPS grounds

i. Bathroom

ii. Include two garage doors with one at least 11’ tall

iii. Secure evidence storage within the garage (2nd story)

iv. Building security with alarms and cameras

v. Mechanical systems – HVAC, plumbing, and electrical systems

vi. Fire protection

b. Interview Room

i. Construct an interview room in the police clerical area

ii. Open direct access to the booking room

iii. Additional access door to the Clerical area

iv. Audio and Video surveillance.

v. Mechanical systems – HVAC, and electrical systems

2. Conceptual plans shall include conceptual renderings, a site plan, and basic conceptual floor plans.

3. Prepare project cost estimates, including comparative financial analysis of costs, including but not limited to operations and maintenance and ancillary costs.

4. Furnish a final report documenting the methodology used for a review of all options considered and a final recommended conceptual plan for the required improvements.

5. Present the report and recommended options to the City Commission and any other boards as needed for approval.

Phase 2 – Sally Port / PSAP Expansion The Contractor should generate recommendations of potential actions for the Police Department, including, but not limited to:

1. Develop state-of-the-art solutions and conceptual design plans to address the identified needs and deficiencies. Bids shall include all phases of the project (conceptual design, plan preparation, construction services):

a. Sally Port

i. To be built next to the existing Booking Room

ii. Designed to complement an existing historic building

iii. Secure access from Sally Port to the current Booking door

iv. Building security with alarms and cameras

v. Mechanical systems – HVAC, plumbing and, electrical systems

b. PSAP Expansion

i. Eliminate the wall between PSAP and IT closet

ii. Expand PSAP into the newly opened space

iii. Reconfigure design and layout for optimal performance

iv. Mechanical systems – HVAC, and electrical systems

v. Fire protection

2. Conceptual plans shall include conceptual renderings, a site plan, and basic conceptual floor plans.

3. Prepare project cost estimates, including comparative financial analysis of costs, including but not limited to operations and maintenance and ancillary costs.

4. Furnish a final report documenting the methodology used for a review of all options considered and a final recommended conceptual plan for the required improvements.

5. Present the report and recommended options to the City Commission and any other boards as needed for approval.

Attachment A

AGREEMENT OF (POLICE DEPARTMENT RENOVATIONS/EXPANSIONS)

THIS AGREEMENT is entered into on the date signed by the Mayor, by and between the CITY OF BIRMINGHAM, whose address is 151 Martin Street, Birmingham, MI 48009 (hereinafter referred to as the City) and_______________________________________, whose address is _____________________________________________, hereafter referred to as Contactor and the foregoing shall collectively be referred to as the parties.

WHEREAS, the City desires a contractor to furnish all labor, equipment, material and supervision necessary for the POLICE DEPARTMENT RENOVATIONS/EXPANSIONS designs construction services of this project.; and

WHEREAS, the City in connection therein has requested formal proposals and issued an

Request for Proposal; and

WHEREAS, Contractor has provided a response and cost proposal to perform the POLICE DEPARTMENT/EXPANSIONS and qualifications that meet the project requirements.

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 POLICE DEPARTMENT RENOVATIONS/EXPANSIONS posted July 30, 2025, and the Contractor’s response 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” and “B”). In the event of a conflict in any of the terms of this Agreement and the Contractor’s response, the terms of this Agreement shall prevail.

2. TERM: This Agreement shall have a term of three years from the date stated above or until competed to the satisfaction of the City. 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.

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 30 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 Architect 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 $2,000,000 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. 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.

D. 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.

E. 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.

F. 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.

G. 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: Chief Scott Grewe

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 July 30th, 2025 (attached hereto as Attachment “B”). In the event of a conflict in any of the terms of this Agreement and the Contractors 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 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 - BIDDER’S AGREEMENT

For POLICE DEPARTMENT RENOVATIONS/EXPANSIONS

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 C - COST PROPOSAL

In order for the bid to be considered valid, Section 00 41 44 - Bid Form must be completed in its entirety.

COST PROPOSAL

ITEM BID AMOUNT

Phase 1 $

Phase 2 $

TOTAL BID AMOUNT $

ADDITIONAL BID ITEMS

GRAND TOTAL AMOUNT $

Firm Name

Authorized signature__________________________________

Printed Name______________________________________

Date______________

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.#