Randy,
Please see attached City of Flint Water and Sewer Rate Study performed by Raftelis Financial Consultants.
Liz Murphy
Assistant to the Emergency Manager
City of Flint
810 237 2025
Liz Murphy
Assistant to the Emergency Manager
City of Flint
810 237 2025
Liz Murphy
Assistant to the Emergency Manager
City of Flint
810 237 2025
xxxEND_PAGE:treasury01_b13_1713_1756_10
INVITATION TO BID
OWNER:
THE CITY OF FLINT
DEPARTMENT OF PURCHASES AND SUPPLIES
1101 S. SAGINAW ST., Room 304
FLINT, MI 48502
Proposal No. 14-564
SCOPE OF WORK:
The City of Flint, Department of Purchases & Supplies, is soliciting sealed proposals for
providing:
WATER & SEWER RATE STUDY
per the attached additional requirements.
If your firm is interested in providing the requested services, please submit 1 original and 2
copies of your detailed proposal to the City of Flint, Department of Purchases and Supplies,
1101 S. Saginaw St., Room 304, Flint, Ml, 48502, by Thursday, November 7, 2013 @ 3:00 PM
(EST). Please note: all proposals received after 3:00 PM (EST) will not be considered. Faxed
proposals into the Purchasing Department are not accepted.
All additional bid documents, requlrements, addendums, specifications and
plans/drawings (if utilized) are available on the Purchasing page of the City of Flint’s web
site at under “open bids” and the specific bid or
proposal number assigned to this notice.
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1)
2)
3)
INSTRUCTIONS TO VENDORS
PRE-BID INFORMATION AND QUESTIONS: Each proposal that ts timely received will be evaluated
on its merit and completeness of all requested information. In preparing proposals, Bidders are
advised to rely only upon the contents of this Request for Proposal (RFP) and accompanying
documents and any written clarifications or addenda issued by the City of Flint. If a Bidder finds a
discrepancy, error or omission in the RFP package, or requires any written addendum thereto, the
Bidder is requested to notify the Purchasing contact noted on the cover of this RFP, so that written
clarification may be sent to all prospective Bidders. THE CITY OF FLINT IS NOT
RESPONSIBLE FOR ANY ORAL INSTRUCTIONS.
RFP MODIFICATIONS: The City of Flint has the right to correct, modify or cancel the RFP, in whole
or in part, or to reject any proposal, in whole or in part, within the discretion of the City of Flint, or
their designee. If any such changes are made, all known recipients of the RFP will be sent a copy of
such changes. If any changes are made to this RFP document by any party other than the City of Flint,
the original document in the City of Flint's files takes precedence
BID SUBMISSION:
a) The Bidder must include the following items, or the bid may be deemed non-responsive:
i.e. All forms contained in this RFP, fully completed.
b) Proposal must be submitted to the Purchasing Department, City of Flint, 1101 S. Saginaw
Street -Room 304, Flint, Michigan 48502 by the date and time indicated as the deadline. The
Purchasing Department's time stamp will determine the official receipt time. It is each Bidder's
responsibility to insure that its bid is time stamped by the Purchasing Department by the
deadline. This responsibility rests entirely with the Bidder, regardless of delays resulting from
postal handling or for any other reasons. Bids will be accepted at any time during the normal
course of business only, said hours being 8:00 a.m. to 5:00 p.m. Loca! Time, Monday through
Friday, legal holidays as exception.
¢) Proposals must be enclosed in a sealed, non-transparent envelope, box or package, and clearly
marked on the outside with the following: RFP Title, RFP Number, Deadline and Bidder's name.
d) Submission of a propsal establishes a conclusive presumption that the Bidder is thoroughly
familiar with the Request for Proposal (RFP), and that the Bidder understands and agrees to
abide by each and all of the stipulations and requirements contained therein.
e) All prices and notations must be typed or printed in ink. No erasures are permitted. Mistakes
may be crossed out and corrections must be initialed in ink by the person(s) signing the bid.
f) Proposals sent by email, facsimile or other electronic means will not be considered unless
specifically authorized in this RFP
g) All costs incurred in the preparation and presentation of the proposal are the Bidder's
sole responsibility; no pre-bid costs will be reimbursed to any Bidder. All documentation
submitted with the proposal will become the property of the City of Flint.
h) Proposal must be held firm for a minimum of 120 days.
i) Term - Contract and/or all other procurement documents shall be effective until completed to the
satisfaction of the City of Flint. The City of Flint reserves the right to cancel or not renew all or any
part of the procurement agreement/contract at any time.
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4) EXCEPTIONS: Bidder shall clearly identify any proposed deviations from the Terms or Scope in the
Request for Proposal. Each exception must be clearly defined and referenced to the proper
paragraph in this RFP. The exception shall include, at a minimum, the Bidder's proposed substitute
language and opinion as to why the suggested substitution will provide equivalent or better
service and performance. If no exceptions are noted in the Bidder's proposal, the City of Flint will
assume complete conformance with this specification and the successful Bidder will be required to
perform accordingly. Proposals not meeting all requirements may be rejected.
5) DUPLICATE PROPOSALS: No more than one (1) proposal from any Bidder, including its
subsidiaries, affiliated companies and franchises will be considered by the City of Flint. In the
event multiple proposals are submitted in violation of this provision, the City will have the right to
determine which bid will be considered, or at its sole option, reject all such multiple proposal.
6) WITHDRAWAL: Proposals may only be withdrawn by written notice prior to the date and time set
for the opening of bids No proposal may be withdrawn after the deadline for submission.
7) REJECTION/GOOD STANDING: The City of Flint reserves the nght to reject any or all proposals,
or to accept or reject any proposal in part, and to waive any minor informality or irregularity in bids
received if it is determined by the City of Flint, or their designee, that the best interest of the City will
be served by doing so. No proposal will be considered from any person, firm or corporation in arrears
or in default to the City on any contract, debt, taxes or other obligation. or if the Bidder is debarred
by the City of Flint from consideration for a contract award.
8) PROCUREMENT POLICY: Procurement for the City of Flint will be handled in a manner providing
fair opportunity to all businesses. This will be accomplished without abrogation or sacrifice of quality
and as determined to be in the best interest of the City. The City of Flint and their officials have the
vested authority to execute a contract, subject to City Council and Mayoral approval where required.
9) BID SIGNATURES: Proposals must be signed by an authorized official of the Bidder. Each
signature represents binding commitment upon the Bidder to provide the goods and/or services
offered to the City of Flint if the Bidder is determined to be the lowest Responsive and Responsible
Bidder.
10) CONTRACT AWARD/SPLIT AWARDS: The City of Flint reserves the right to award by item, group
of items, or total proposal to the lowest responsive, responsible Bidder. The Bidder to whom the
award is made will be notified at the earliest possible date. Tentative acceptance of the bid,
intent to recommend award of a contract, and actual award of the contract will be provided by
written notice sent to the Bidder at the address designated in the bid if a separate Agreement is
required to be executed. After a final award of the Agreement by the City of Flint, the
Contractor/Vendor must execute and perform said Agreement. All bids must be firm for at least 120
days from the due date of the proposal. If, for by reasons of refusal by the vendor/contractor, a
contract is not executed with the selected Bidder within 14 days after notice of recommendation for
award, then the City may recommend the next lowest responsive and responsible Bidder
11) NO RFP RESPONSE: Bidders who receive this RFP but who do not submit a bid should return this
RFP package stating “No Bid” and are encouraged to list the reason(s) for not responding
Failure to return this form may result in removal of the Bidder's name from alll bidder lists.
12) FREEDOM OF INFORMATION ACT REQUIREMENTS: Proposals are subject to public disclosure
xxxEND_PAGE:treasury01_b13_1713_1756_13
after the deadline for submission in accordance with state law.
13) ARBITRATION: ContractorVendor agrees to submit to arbitration all claims, counterclaims, disputes
and other matters in question arising out of or relating to this agreement or the breach thereof. The
Contractor's agreement to arbitrate shall be specifically enforceable under the prevailing law of any
court having jurisdiction to hear such matters. Contractor's obligation to submit to arbitration shall be
subject to the following provisions.
(a) Notice of demand for arbitration must be submitted to the City in writing within a
reasonable time after the claim, dispute or other matter in question has arisen. A
reasonable time is hereby determined to be fourteen (14) days from the date the party
demanding the arbitration knows or should have known the facts giving rise to his claim,
dispute or question. In no event may the demand for arbitration be made after the time
when institution of legal or equitable proceedings based on such claim dispute or other
matters in question would be barred by the applicable statute of limitation.
(b) Within fourteen (14) days from the date demand for arbitration is received by the City,
each party shall submit to the other the name of one person to serve as an arbitrator.
The two arbitrators together shall then select a third person, the three together shall then
serve as a panel in all proceedings Any decision concurred by a majority of the three
shall be a final binding decision.
(c) The final decision rendered by said arbitrators shall be binding and conclusive and shall
be subject to specific enforcement by a court of competent jurisdiction.
(d) The costs of the arbitration shall be split and borne equally between the parties and such
costs are not subject to shifting by the arbitrator.
14) BID HOLD: The City of Flint may hold proposals for a period of one hundred - (120) days from
opening, for the purpose of reviewing the results and investigating the qualifications of bidders prior to
making an award.
15) NONCOMPLIANCE: Failure to deliver in accordance with specifications will be cause for the City of
Flint and they may cancel the contract or any part thereof and purchase on the open market,
charging any additional cost to the Contractor/Vendor.
16) DISCLAIMER OF CONTRACTUAL RELATIONSHIP: Nothing contained in these documents shall
create any contractual relationship between the City and any Subcontractor or Sub-subcontractor.
17) ERRORS AND OMISSIONS: Bidder is not permitted to take advantage of any obvious errors or
omissions in specifications.
18) INTERPRETATION: In the event that any provision contained herein shall be determined by a court
of competent jurisdiction or an appropriate administrative tribunal to be contrary to the provision of
law or to be unenforceable for any reason, then, to the extent necessary and possible to render the
remainder of this Agreement enforceable, such provision may be modified or severed by such court
or administrative tribunal having jurisdiction over this Agreement and the interpretation thereof, or the
parties hereto, so as to, as nearly as possible, carry out the intention of the parties hereto,
considering the purpose of the entire Agreement in relation to such provision
19) LAWS AND ORDINANCES: The bidder shall obey and abide by all of the laws, rules and regulations
of the Federal Government, State of Michigan, Genesee County and the City of Flint, applicable to
xxxEND_PAGE:treasury01_b13_1713_1756_14
the performance of this agreement, including, but not limited to, labor laws, and laws regulating or
applying to public improvement, local government, and its operational requirements
20) LOCAL PREFERENCE: Vendors located within the corporate city limits of Flint, Michigan may be
given a seven percent (7%) competitive price advantage. Additionally, if the lowest responsible vendor is
not located within the limits of the City of Flint, but is located within the county of Genesee and vendor
does not exceed the bid of the lowest non-local bidder by more than three and a half percent (3 14%),
the County vendor may have a competitive advantage.
21) MATERIAL WORKMANSHIP AND STANDARDS OF PERFORMANCE: The bidder agrees to
exercise independent judgment and to complete performance under this Agreement in accordance
with sound professional practices. In entering into this Agreement, the City is relying upon the
professional reputation, experience, certification and ability of the bidder. The bidder agrees that all of
the obligations required by him/her pursuant to this Agreement shall be performed by
him/her or by others employed pursuant to this Agreement shall be performed by
him/her and working under his direction and control. The continued effectiveness of this
Agreement during its term or any renewal term shall be contingent, in part, upon the bidder
maintaining his/her operating qualifications in accordance with the requirements of federal, state and
local laws. All materials furnished must be new, of latest model and standard first grade quality or
best workmanship and design, unless otherwise expressly specified. Bidder, if required, must
furnish satisfactory evidence of quality materials; offers of expenmental or unproven equipment may
be disregarded.
22) VARIATIONS: Any modification to this agreement must be in
writing and signed by the authorized employee, officer, board or council representative
authorized to make such modifications pursuant to the State law and local ordinances.
Commodities subject to market price variation shall be considered on all term agreements subject
to a 30-day advance written notification from the vendor. Such notice must be substantiated by a
written price change from the manufacturer and shall be required for both price increases and
decreases
23) NON-COLLUSION: The bidder acknowledges that by signing this document that he/she is duly
authorized to make said offer on behalf of the company he/she represents and that said bid is
genuine and not sham or collusive and not made in the interests or on behalf of any person
not therein named, and that he/she and said bidder have not directly induced or solicited any other
person(s) or corporation to refrain from responding to this solicitation and that he/she and said
bidder have not in any manner sought by collusion to secure to himself/herself and said bidder any
advantage over any other bidder.
24) NON-DISCRIMINATION: Pursuant to the requirements of 1976 P.A. 453 (Michigan Civil Rights Act)
and 1976 PA. 220 (Michigan Handicapped Rights Act), the local unit and its’ agent agree not
to discriminate against any employee or applicant for employment with respect to hire,
tenure, terms, conditions, or privileges of employment or a matter directly or indirectly
related to employment because of race, color, religion, national origin, age, sex, height, weight,
marital status or because of a handicap that is unrelated to the person's ability to perform the
duties of nondiscrimination provision identical to this provision and binding upon any and all
contractors and subcontractors. A breach of this covenant shall be regarded as a material breach of
this contract.
25) SUBCONTRACTING: No subcontract work shall be started por to the written approval of the
subcontractor by the City. The City reserves the right to accept or reject any subcontractor.
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26) WAIVER: Failure of the City to insist upon strict compliance with any of the terms, covenants or
conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition or of
any other term, covenant or condition. Any waiver or relinquishment of any right or power hereunder
at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any
other time.
27) JURISDICTION OF OMBUDSMAN: Any person, business or other entity submitting a bid or bid in
response to a request by the City consents to be subject to the jurisdiction of the Ombudsman of the
City of Flint and to comply with the respective Charter provisions governing the Ombudsman's duties,
jurisdiction and powers.
28) PREVAILING WAGE: The successful bidder providing any contractual labor services must comply
with all requirements and pay prevailing wages and fringe benefits on this project per the City's
Resolution R-12 adopted 4/8/91, The bidder is aware of City of Flint Resolution #R-12 dated April 8,
1991, a copy of which is annexed hereto and incorporated herein, and agrees to abide by all of the
applicable covenants and requirements set forth in said resolution. This form and prevailing wage
information is available on the city’s website, www.cityofflint com/purchasing. (nat applicable to this
project.
29) CITY INCOME TAX WITHHOLDING: Contractor and any subcontractor engaged in this contract shall
withhold from each payrnent to his employees the City income tax on all of their compensation
subject to tax, after giving effect to exemptions, as follows:
(a) Residents of the City:
At a rate equal to 1 % of all compensation paid to the employee who is a resident of the
City of Flint.
(b) Non-residents:
At a rate equal to 1/2% of the compensation paid to the employee for work done or
services performed in the City of Flint
These taxes shall be held in trust and paid over to the City of Flint in accordance
with City ordinances and State law. Any failure to do so shall constitute a substantial
and matenal breach of this contract.
31) CONTRACT/PROCUREMENT DOCUMENTS: The invitation for bids, instructions to bidders, bid,
affidavit, addenda (if any), statement of bidder's qualifications (when required), general conditions,
special conditions, performance bond, labor and material payment bond, insurance certificates, (if
required), technical specifications, and drawings, together with this agreement, form the contract, and
they are as fully a part of the contract as if attached hereto or rapeated herein.
32) DISCLAIMER OF CONTRACTUAL RELATIONSHIP WITH SUBCONTRACTORS: Nothing
contained in the Contract Documents shall create any contractual relationship between the City and
any Subcontractor or Sub-subcontractor.
33) EFFECTIVE DATE: Any agreement between the City and the contractor shall be effective upon the
date that it is executed by all parties hereto.
34) FORCE MAJEURE: Neither party shall be responsible for damages or delays caused by Force
Majeure or other events beyond the control of the other party and which could not reasonably have
been anticipated or prevented. For purposes of this Agreement, Force Majeure includes, but is not
limited to, adverse weather conditions, floods, epidemics, war, not, strikes, lockouts, and other
industrial disturbances; unknown site conditions, accidents, sabotage, fire, and acts of God. Should
Force Majeure occur, the parties shall mutually agree on the terms and conditions upon which the
services may continue
35) INDEMNIFICATION: To the fullest extent permitted by law, Contractor agrees to defend, pay on
xxxEND_PAGE:treasury01_b13_1713_1756_16
behalf of, indemnify, and hold harmless the City of Flint, its elected and appointed officials,
employees and volunteers and others working on behaif of the City of Flint, including the Project
Manager, against any and all claims, demands, suits, or losses, including all costs connected
therewith, and for any damages which may be asserted, claimed, or recovered against or from the City
of Flint, its elected and appointed officials, employees, volunteers or others working on behalf of the
City of Flint, by reason of personal injury, including bodily injury or death and/or property damage,
including loss of use thereof, which may arise as a result of Contractor's acts, omissions, faults, and
negligence or that of any of his/her employees, agents, and representatives in connection with the
performance of this contract. Should the Contractor fail to indemnify the City in the above-mentioned
circumstances, the City may exercise its option to deduct the cost that it incurs from the contract price
forthwith.
36) INDEPENDENT CONTRACTOR: No provision of this contract shall be construed as creating an
employer-employee relationship. It is hereby expressly understood and agreed that Contractor is an
“independent contractor’ as that phrase has been defined and interpreted by the courts of the State of
Michigan and, as such, Contractor is not entitled to any benefits not otherwise specified herein.
37) NO THIRD-PARTY BENEFICIARY: No contractor, subcontractor, mechanic, material man, laborer,
vendor, or other person dealing with the pnncipal Contractor shall be, nor shall any of them be
deemed to be, third-party beneficiaries of this contract, but each such person shall be deemed to
have agreed (a) that they shall look to the pnncipal Contractor as their sole source of recovery if not
paid, and (b) except as otherwise agreed to by the principal Contractor and any such person in
writing, they may not enter any claim or bring any such action against the City under any
circumstances. Except as provided by law, or as otherwise agreed to in writing between the City and
such person, each such person shall be deemed to have waived in writing all rights to seek redress