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Proposed Flint budget would leave water rates unchanged, add 10 part-time cops

Proposed Flint budget would leave water rates unchanged, add 10 part-time cops FLINT, MI -- Water and sewer rates would remain unchanged and 10 part-time police officers would be hired in a proposed Flint budget unveiled Monday, April 27. The $51 million general fund spending plan for the fiscal year starting July 1 would put Flint in a positive financial pos Read More xxxEND_PAGE:treasury01_b24_3567_3629_50 Dempkowski, Angela (T reasury)

Rep. Kildee asks EPA about clearing Flint's $22-million water loans

Rep. Kildee asks EPA about clearing Flint's $22-million water loans FLINT, MI -- U.S. Rep. Dan Kildee says the state may have the authority to forgive Flint's $22 million in remaining water loans, potentially freeing up that money for “immediate water infrastructure improvements." "We don't know if the state would grant relief, (but) we d Read More feds about forgive.html xxxEND_PAGE:treasury01_b24_3567_3629_19 “IAA [WaYJIAO JINsMelUaJeayy aA MMM//:dQY WODdANTIA | Walsds JlosJag 0} UOIPeUUOIaI pueWAP ‘13} eM JBALY JUI]4 JBAO JINSME] Ua}easY] Suoyseg :Walqns (AUNSV3UL) Vaqoy “UesIPIM “(AUNSWIYL) Matg ‘YUsapued ‘(Ainseau,) naiyjeyy ‘eqna ‘(Ainseas,) epuey ‘ausAg :0L Wd 80:5 STOZ ‘80 Judy ‘Aepsaupayy :quas (Ainseas) paeyry ‘auljD :wosy -----adessay [PUIBLIO----- name dINZTS 242 yum AjiD ay) aplacid 0} duiod Ady) aue suoysed ay) JO} anssi ue JOU S| Sul}IBUUOD JO 3S09 BY} JI OSjy “Sulj{ JOU pue pans aq oO} aAeY Pjnom Aay} ay!] SWiaas } JUBWAaIZe ay] payeulwa} GSM B2UIS AID ay) JO QSMAG Buins Asyy ay WwiooaArW) | WaysAs 110138q 0} UOIIaUUIODA! PUBWAP “WajEM JaATY JUI]4 J9AO YINSMe| UBJEaIY] SIO}Sed “7 spefqns (ANNSVIUL) Haqoy ‘ueBipiM ‘AunsWa¥L) Med ‘yuBepue, ‘(Aunsea2)) jfepuey ‘ausAg ‘(funseas)) pseyrry ‘@ul[D sO1 WV 25:8 STOZ ‘60 IWdy ‘Aepsiny suas (Ainseas[) nae; ‘aqng Twoly (Aunsvaul) Maiq ‘Yyubspuen xxxEND_PAGE:treasury01_b24_3567_3629_20 Cousineau, Sara (T reasury)

Fyi..[ had hoped we would be announcing our action plan this week ,ie going forth

with the GAC. Will see what we can do to get a release out... Flint pastors plan news conference on ‘lack of progress' on Flint water issues FLINT, MI -- Concerned Pastors for Social Action plan to speak out on a "lack of progress" on Flint water issues Wednesday, April 8. The Rev. Alfred Harris, president of the Concerned Pastors, said his group will detail its concerns at the 1:30 p.m. news conference at City Hal Read More plan news _confer.html xxxEND_PAGE:treasury01_b24_3567_3629_09 xxxEND_PAGE:treasury01_b24_3567_3629_10 Lamphier, Wendy (T reasury)

Selection of Water Quality Consultant

xxxEND_PAGE:treasury01_b27_4112_4389_039 Per conversation this morning, | am confirming that the City of Flint utilized a competitive process in the selection of a Water Quality consultant. The attached RFP was released on January 15, with an initial response date of January 26. However, the response date was changed to January 29. The RFP was posted on the City's website and invitations to respond were sent to the following firms: Greeley and Hansen Black and Veatch CDM Smith Arcadis Hazen and Sawyer Stantec Fleis & Vandenbrink HDR Inc. The City received one response from Veolia. After review, it was determined that the respondent firm met the qualifications, and following initial discussion with the firm, it was also determined that the firm could initiate work quickly We are in the process of finalizing a initial phase agreement at a cost not to exceed $40,000. This initial phase will allow the firm to be on site and to conduct an initial evaluation of the City's current situation. Future phases will be negotiated consistent with their proposal and the requirements set forth in the RFP. lam pleased with the proposal we received, and believe that it will provide us with that "extra set of eyes" to assure us and the public that we provide safe water and that we are taking the necessary steps to improve water quality. Jerry Ambrose, Emergency Manager City of Flint xxxEND_PAGE:treasury01_b27_4112_4389_040 INVITATION TO BID OWNER: THE CITY OF FLINT DEPARTMENT OF PURCHASES AND SUPPLIES 1101 S. SAGINAW ST., 3RD FLOOR FLINT, Ml 48502 PROPOSAL NO.: 15-573 SCOPE OF WORK: The City of Flint (The City), Department of Purchases & Supplies, is soliciting sealed proposals for the following: Water Quality Consultant per the attached specification. 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, 1107 S. Saginaw St. Rm. 304, Third Floor, Flint, Ml, 48502, by Monday, January 26, 2015 @ 12:00 PM (EST). Please note: all detailed proposals received after 12:00 PM (EST) will not be considered. Faxed proposals into the Purchasing Department are not accepted. The City of Flint may hold proposals for a period of 120 days from opening, for the purpose of reviewing the results and investigating the qualifications of proposals prior to making an award. The City of Flint reserves the right to waive any irregularities and accept or reject any or all proposals submitted. 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 bidder is not located with the limits of the City of Flint, but is located within the county of Genesee, and said Genesee County responsible bidder does not exceed the bid of the lowest non-local bidder by more than three and one-half percent (3 % %), the County vendor may have a competitive advantage. The City reserves the right to waive any irregularities and accept or reject any or all xxxEND_PAGE:treasury01_b27_4112_4389_041 proposals submitted. The City is an equal opportunity employer. The successful bidder 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. Pursuant to the requirements of 1976 P.A. 453 (Michigan Civil Rights Act) and 1976 P.A. 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. 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 experimental or unproven equipment may be disregarded. Bidder shall protect against expense of any nature, shall bear costs of any suits which arise, and shall pay all damages which may be awarded against the City for the use, under this specification, of any patented device, process, apparatus, material or invention. Bidder is not permitted to take advantage of any obvious errors or omissions in specifications. The City reserves the right to reject any or all bids, or split awards by items, unless otherwise stipulated, or to accept any bid which will best serve its interests. The Director shall not knowingly accept a proposal from a vendor /contractor who is in default on the payment of taxes, licenses, fees or other monies due the City. Purchase agreements with bidders who are found to have been in default at the time of award of such agreement shall be voided. 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 proposal 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. 2 xxxEND_PAGE:treasury01_b27_4112_4389_042 Any questions regarding this proposal should be submitted by either fax (810-766-7240) or e-mail [email protected] by Tuesday, January 20, 2015 by 5:00 PM. Responses to any questions will be posted to the City's website under this project number no later Wednesday, January 21, 2015. Sincerely, Derrick F. Jones Department of Purchases & Supplies Enclosure All additional proposal documents, requirements, 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. xxxEND_PAGE:treasury01_b27_4112_4389_043 INSTRUCTIONS TO VENDORS General 1) 2) 3) PRE-BID INFORMATION AND QUESTIONS: Each bid that is timely received will be evaluated on its merit and completeness of all requested information. In preparing bids, 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 Bid, 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: ie. All forms contained in this RFP, fully completed. b) Bids 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. Local Time, Monday through Friday, legal holidays as exception. c) Bids must be enclosed in a sealed opaque 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 bid establishes a conclusive presumption that the Bidder is thoroughly familiar with the Request for Bids (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) Bids sent by telegraph, 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 bid are the Bidder's sole responsibility; no pre-bid costs will be reimbursed to any Bidder All documentation submitted with the bid will become the property of the City of Flint. h) Bids must be held firm for a minimum of 120 days. \) 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 xxxEND_PAGE:treasury01_b27_4112_4389_044 4) 5) 8) 7) 8) 9) EXCEPTIONS: Bidder shall clearly identify any proposed deviations from the Terms or Scope in the Request for Bid. 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 bid, the City of Flint will assume complete conformance with this specification and the successful Bidder will be required to perform accordingly. Bids not meeting all requirements may be rejected DUPLICATE BIDS: No more than one (1) bid from any Bidder, including its subsidiaries, affiliated companies and franchises will be considered by the City of Flint. In the event multiple bids 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 bids. WITHDRAWAL: Bids may only be withdrawn by written notice prior to the date and time set for the opening of bids. No Bid may be withdrawn after the deadline for submission. REJECTION/GOOD STANDING: The City of Flint reserves the right to reject any or all bids, or to accept or reject any bid 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 Bid 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. 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. BID SIGNATURES: Bids 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 bid 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 bid. If, for any reason, 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 the reason(s) for not responding. Failure to return this form may result in removal of the Bidder’s name from all bidder lists. xxxEND_PAGE:treasury01_b27_4112_4389_045 12) FREEDOM OF INFORMATION ACT REQUIREMENTS: Bids are subject to public disclosure after the deadline for submission in accordance with state law. 13) ARBITRATION: Contractor/Vendor 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) (b) (c) (4) 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 teasonable 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. 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 shail then select a third person; the three together shall then serve as a panel in all proceedings. Any decision concurred in by a majority of the three shall be a final binding decision. 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. 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 bids for a period of 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. 6 xxxEND_PAGE:treasury01_b27_4112_4389_046 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 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: Bidders located within the corporate city limits of Flint, Michigan may be given a seven percent (7%) competitive price advantage and those located in Genesee County, MI may be given a three and a haif percent (3 42%) competitive price 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 pursuant to this Agreement shall be performed by him or by other employed by him 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 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 experimental 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 wntten 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. xxxEND_PAGE:treasury01_b27_4112_4389_047 25) SUBCONTRACTING: No subcontract work shall be started prior to the written approval of the subcontractor by the City. The City reserves the right to accept or reject any subcontractor. 26) UNION COMPLIANCE: Contractor agrees to comply with all regulations and requirements of any national or local union(s) that may have jurisdiction over any of the materials, facilities, services or personnel to be furnished by the City. 27) 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. 28) 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. 29) 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. Not applicable to this project. 30) CITY INCOME TAX WITHHOLDING: Contractor and any subcontractor engaged in this contract shall withhold from each payment 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: Ata 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 material breach of this contract. 31) CONTRACT/PROCURMENT 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 repeated 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 shail be effective upon the date that it is executed by all parties hereto. 8 xxxEND_PAGE:treasury01_b27_4112_4389_048 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 anticipated 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, riot, 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 behalf of, indemnify, and hold harmless the City of Flint, its elected and appointed officials, employees and volunteers and other 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 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 understaod 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 principal 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 principal 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 from the City under any circumstances whatsoever. 38) NON-ASSIGNABILITY: Contractor shall not assign or transfer any interest in this contract without the prior written consent of the City provided, however, that claims for money due or to become due to Contractor from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 39) Contractor agrees that the documents identified herein as the contract documents are confidential information intended for the sole use of the City and that Contractor will not disclose any such information, or in any other way make such documents public, without the express written approval of the City or the order of the court of appropriate jurisdiction or as required by the laws of the State of Michigan. 40) RECORDS PROPERTY OF CITY: All documents, information, reports and the like prepared or generated by Contractor as a result of this contract shall become the sole property of the City of Flint. 41) SEVERABILITY: In the event that any provision contained herein shall be determined by a court or administrative tripunal to be contrary to a provision of state or federal 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 so as 9 xxxEND_PAGE:treasury01_b27_4112_4389_049 to, as nearly as possible, carry out the intention of the parties hereto, considering the purpose of the entire Agreement tn relation to such provision. The invalidation of one or more terms of this contract shall not affect the validity of the remaining terms. 42) TERMINATION: This contract may be terminated by either party hereto by submitting a notice of termination to the other party. Such notice shall be in writing and shall be effective 30 days from the date it is submitted unless otherwise agreed to by the parties hereto. Contractor, upon receiving such notice and prorated payment upon termination of this contract shall give to the City all pertinent records, data, and information created up to the date of termination to which the City, under the terms of this contract, is entitled. 43) TIME PERFORMANCE: Contractor's services shall commence immediately upon receipt of the notice to proceed and shall be carried out forthwith and without reasonable delay. 44) EVALUATION OF BIDS/BIDS: The City’s evaluation of these proposals will be based on the criterion of price, experience, qualifications, capacity, and ability to produce the required deliverables at an accelerated pace (nsurance/Worker’s Compensation: Contractor shall not commence work under this contract until he has procured and provided evidence of the insurance required under this section. All coverage shall be obtained from insurance companies licensed and authonzed to do business in the State of Michigan unless otherwise approved by the City’s Risk Manager. Policies shall be reviewed by the City's Risk Manager for completeness and limits of coverage. All coverage shall be with insurance carriers acceptable to the City of Flint. Contractor shall maintain the following insurance coverage for the duration of the contract (a) Commercial General Liability coverage of not less than one million dollars ($1,000,000) combined single limit with the City of Flint, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers, named as “Additional Insured.” This coverage shall be written on an ISO occurrence basis form and shall include’ Bodily Injury, Personal Injury, Property Damage, Contractual Liability, Products and Completed Operations, Independent Contractors; Broad Form Commercial General Liability Endorsement, (XCU) Exclusions deleted and a per contract aggregate coverage. This coverage shall be primary to the Additional Insured, and not contributing with any other insurance or similar protection available to the Additional Insured, whether said other available coverage be primary, contributing, or excess. (b) Workers Compensation Insurance in accordance with Michigan statutory requirements, including Employers Liability coverage. {c) Commercial Automobile Insurance in the amount of not less than $1,000,000 combined single limit per accident with the City of Flint, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers, named as “Additional Insured.” This coverage shall be written on ISO business auto forms covering Automobile Liability, code “any auto.” (d) Professional Liability - Errors and Omissions. All projects involving the use of Architects, civil engineers, landscape design specialists, and other professional services must provide the City of Flint with evidence of Professional Liability coverage in an amount not less than one million dollars ($1,000,000). Evidence of this coverage must be provided for a minimum of three years after project completion. Any deductibles or self-insured retention must be declared to and approved by the City. in addition, the total dollar value of all claims paid out on the policy shall be declared. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention with respect to the City, its officials, employees, agents and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim, administration, and defense expenses. 10 xxxEND_PAGE:treasury01_b27_4112_4389_050 Contractor shall furnish the City with two certificates of insurance for all coverage requested with original endorsements for those policies requiring the Additional Insured. All certificates of insurance must provide the City of Flint with not less than 30 days advance written notice in the event of cancellation, non- payment of premium, non-renewal, or any material change in policy coverage. In addition, the wording “Endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” must be removed from the standard ACORD cancellation statement These certificates must identify the City of Flint, as the “Certificate Holder.” Contractor must provide, upon request, certified copies of all insurance policies. If any of the above polices are due to expire during the term of this contract, Contractor shall deliver renewal certificates and copies of the new policies to the City of Flint at least ten days prior to the expiration date. Contractor shall ensure that all subcontractors utilized obtain and maintain all insurance coverage required by this provision. 11 xxxEND_PAGE:treasury01_b27_4112_4389_051 Background Information On May 1, 2014 the City of Flint (the City) completed a transition to using water provided by Detroit Water and Sewer Department to drawing water from the Flint River and utilizing our plant to treat and distribute the water. In the subsequent months, many of the eight testing sites around the City were returning low chlorine residual levels and several of those sites developed into positive tests for total coliform and resulted in the issuance of boil water notices for precautionary measures. Numerous valve replacements and additional chlorination resultinged in more consistent chlorine residuals throughout the system. Quarterly reporting to the Michigan Department of Environmental Quality (MDEQ) of Disinfectant Byproduct Levels resulted in trinalomethane levels above the maximum contaminant level (MCL). Seven of eight test sites are currently below the MCL but the annual average has triggered a violation notice from the MDEQ dated December 16, 2014. The City has worked with an engineering team to develop an Operational Evaluation Report (see Exhibit A) as required by the violation and has submitted that report to the MDEQ. The next testing period is scheduled for the middle of February 2015 and an updated Operational Evaluation report which incorporates the results of that test is due to the MDEQ no later than March 1, 2015. The City is anticipating during the middle of 2016 to begin receiving and treating raw water from Lake Huron via the Karegnondi Water Authority (KWA). The City’s Water Plant will still be capable of drawing water from the Flint River and will need to be proficient in treating both bodies of water. It is planned that the Flint River will be a permanent back-up source in providing water to the citizens of Flint. Scope of Services The City is seeking a consultant to review and evaluate the water treatment process and distribution system, provide recommendations to maintain compliance with both state and faderal agencies, and assist in implementing accepted recommendations. The City will have the selected vendor provide reports to reflect their findings and provide continual oversight in implementing any approved recommended practices to improve the quality of water until implementation of the KWA project. 12 xxxEND_PAGE:treasury01_b27_4112_4389_052 Deliverables The City is requesting that the selected vendor provide the following reports in their order of appearance: e Evaluation of the City's processes and procedures to maintain and improve water quality; e Report that outlines recommendations that will improve the water treatment and distribution system. The City is requesting that the selected vendor provide coordination in implementing any selected recommendations that will result in improving the overall process of treating and distributing water until such time that the City is receiving and successfully treating Lake Huron Information Required to Submit Proposal The City has deemed this project a priority and will be requesting the selected firm to produce the requested information in an expedient manner. Firms interested in submitting a proposal based on the information requested in this document must submit the foliowing information: Company's Information-The proposal shall list the legal name of the firm, its address and phone number, and firm’s history. Firm Qualifications, Experiences and References-The proposal should state the size of the firm, personnel that will be assigned to this project, and other significant projects performed in the past five years that are similar to this request for proposal. Indicate the scope of work provided and the name and telephone number of the client. Staff Experience-The proposal should provide information on each staff member to include experience, relevant education, degrees, certifications and any other pertinent information or a resume. Project Scope — Provide a statement discussing the firm’s understanding of the requested services, potential obstacles that may occur during this project, and a work plan and timeline in preparing and submitting the requested deliverables. Price for Services-Vendor is to provide a pricing schedule to perform the requested services. Pricing should include a lump sum to provide the requested reports, an hourly rate schedule of personne! that will be utilized to perform the requested services, and a detail timeline that articulate the completion of the requested reports. Other-Please include any other information that you think would be helpful in allowing the 13 xxxEND_PAGE:treasury01_b27_4112_4389_053 City to make an informed decision in the selection process. 14 xxxEND_PAGE:treasury01_b27_4112_4389_054 City of Flint, Michigan Department of Purchases & Supplies Response to Invitation to Bid Water Quality Consultant Proposal No.: 15-573 January 29, 2015 The information contained on each page of this document which has been stamped with the legend "Company Confidential - Trade Secret and Proprietary Information — Veolia” is confidential and proprietary information which consttutes a trade secret of Veolla Water North America Operating Services, LLC (Veola) Veolia asserts a business confidentiality claim covering ail data and information contained on each page of this document beanng this legend The Informaton contained on the pagas in this documant marked with the confidentality statement shalt not be duplicated, used in whole or in part for any purpose other than to provide informaton and data to City for the purposes set forth herein Further, Veolta acknowledges that the documents identified in the Invitatons to Bid aa the contract documents are confidental information mtended for the sole use of the City, and that Contractor (Veolta) will not disclose any such informaton, or in any other way make such documents public, without the express written approval of the City or the order of the court of appropnate jurisdiction or as required by the laws of the State of Michigan @VeEOuA xxxEND_PAGE:treasury01_b27_4112_4389_055 @ VEOLIA January 29, 2015 Mr. Derrick F, Jones Purchasing Manager City of Flint Department of Purchases and Supplies 1101 S. Saginaw Street, Room 304, Third Floor Flint, Michigan 48502

Fwd: Flint Water

FYL..I was not aware that the Mayor was sending this. He had been very engaged in our work to address the water quality issues, including participation in public forums addressing the issue. However, it did not include a plan to request to formally request state assistance, nor did it include a plan for water amnesty. ween Forwarded message ----------

Final draft - Flint proposed 2 year budget and 3 year projections

Wayne, Ed, and Randy, The attached document will be presented to City Council tomorrow night. We will also be briefing the media. You will see that the current state of the retiree healthcare lawsuit is having a very significant impact on city finances. Jerry xxxEND_PAGE:treasury01_b12_1388_1712_295 CITY OF FLINT, MICHIGAN Setting a Sustainable Course for the City of Flint Five Year Financial Projections 2015-2019 Proposed Budgets for FY15 and FY16 Future Projections for FY17, FY18 and FY19 Darnell Earley, ICMA-CM, MPA Emergency Manager Prepared by Department of Finance Gerald Ambrose, Finance Director Antonio Brown, Deputy Finance Director xxxEND_PAGE:treasury01_b12_1388_1712_296 CITY OF FLINT OFFICE OF THE EMERGENCY MANAGER Darnell Earley, (CM4-CM, MPA Emergency Manager TO: Dayne Walling, Mayor, Scott Kincaid, President ” Flint City Council pe FROM: Darnell Earley, ICMA-CM, MPA Emergency Manager Z RE: Proposed Budget for Fiscal Years 2014/15, 2015/16 DATE: April 30, 2014 Transmitted herewith is the proposed biennial budget for the City of Flint. This budget covers the 2014/15 and 2015/16 fiscal years which begin July 1, 2014 and July 2015, respectively. As you may know, Public Act 436 discusses adoption and implementation of a 2-year budget before appointment of a transition advisory board. See MCL 141.1561 The budget as proposed represents a balanced, responsible and sustainable spending plan for the two fiscal years. Because it is expected that sometime within the implementation of this budget the City of Flint will transition to local control as provided in Public Act 436, your input and engagement in this process is requested. The Finance and Administration Committee will begin its review of the budget and staff will be available to discuss the recommendations, speak to the utilization of resources, and assist the committee in its understanding of the proposals as presented. Tlook forward to the dialogue on the proposed spending plan. Please keep in mind that in order for your input to be productive, it must take into account the significant financial challenges confronting the City. Public Act 436 requires the adoption of a balanced budget. Please call me should you have any questions regarding the process, timelines, etc. City of Flint ° 1101 S. Saginaw Street ¢ Flint. Michigan 48502 www.cityofilint.com ¢ (810) 766-7346 ° Fax: (810) 766-7218 xxxEND_PAGE:treasury01_b12_1388_1712_297 10. 11. Contents City of Flint 5-Year Financial Plan Preface Background Overview Highlights goop City Council Adopted Vision and Mission Goals City Council Approved Budget Priorities Organization Chart FY15 and FY16 Budgets and 3-Year Forecast FY15 and FY16 General Fund Budget City of Flint Staffing Projection Projected 5-Year Facilities Improvements Deficit Elimination/Reserve Accumulation Projections Five Year Outlook — Pension and Retiree Healthcare Costs Projected Taxpayer Impact xxxEND_PAGE:treasury01_b12_1388_1712_298 City of Flint 5-Year Financial Plan Preface This proposed budget for the City of Flint covers the FY15 and FY16 fiscal years which begin July 1, 2014 and July 1, 2015 respectively, Financia! projections for the following 3 fiscal years are Included as well. This budget has been developed within the context of the City’s recently adopted Master Plan, the Vision, Missian, and Goals for the City government as adopted by the City Council, and the Budget Priorities as adopted by the City Council. Accompanying this budget is a preliminary statement of objectives initially proposed to be accomplished during the two years. As the budget is finally adopted, the objectives will also be finalized. Taken together, the budget and strategic plan will serve as a template to move the City government forward to become a well-managed, financially stable, and accountable organization focused on creating a vibrant and growing community which will attract and retain residents, businesses, students, and visitors and improve our quality of life. However, this budget demonstrates the continuing financial challenges facing the City of Flint. Stagnant revenue growth in property tax and income tax revenues, coupled with significant increases in legacy costs, retiree health care in particular, create a significant gap between revenues and expenses which require increases in other revenues and decreases in City staffing and services including the possibility of adjustments in public safety services. Unfortunately, the financial forecast for the next several years beyond FY16 show a continuing gap between projected revenues and expenses. Within the next few years, without significant means to identify and collect additional revenues, or to further reduce the cost base, the City of Flint will be extremely challenged to provide even the most basic of City services, Over the next several weeks, this proposed budget will be reviewed by the City Council, which will also hold a public hearing to receive citizen Input. The Mayor and Council wil! subsequently provide comments and recommendations pertaining to the budget to the Emergency Manager, and the budget and strategic plan will be adopted in early June, xxxEND_PAGE:treasury01_b12_1388_1712_299 Ba und The City of Flint has been in state receivership since December, 2011, as a result of consistent deficits in the General Fund, a decline in pooled cash, unrealistic budgeting, and unfunded liabilities for postemployment benefits. Significant progress has been made in addressing these financial issues, as the $19.1 million deficit at the end of FY12 had been reduced to $12.9 million at the end of FY13, cash position had improved, and the FY14 budget was realistically balanced, with further reduction of the deficit anticipated. The FY14 budget was designed and implemented with the same goals In mind — operating within the constraints of available revenues; restructuring operations and cost factors to enhance future financial stability, and continuing to reduce the remaining $12.9 million deficit. The FY14 budget was constructed with the specific intent of further reducing the deficit by a minimum of $1 million, by budgeting expenses at $1 million less than projected revenues. As of January 31, 2014, seven months inta the FY14 year, revenues and expenses are on target. In order to regain and maintain financial solvency, it is not only necessary to eliminate the remaining accumulated deficit but to have an adequate amount of reserves to protect the City in the event of unexpected financial losses. Planning to accomplish this requires a continual dedication of revenues over the next several years to eliminate the remaining deficit and establish an adequate reserve level. A draft deficit elimination plan to accomplish this is currently under review by the Michigan Department of Treasury. Making progress to date has required hard decisions and sacrifices for all. The FY13 and FY14 budgets were balanced through a mixture of significant revenue increases, significant expenditure decreases, and steps taken to reduce legacy costs. Revenue increase included a 25 percent increase in water and sewer rates, passage of a 6 mill property tax increase for police and fire, establishment of a special assessment district for street lighting, and implementation of a fee sufficient to cover the cost of waste collection. Expenditure reductions included elimination of 20 percent of the City’s workforce, compensation decreases equivalent to a 20 percent wage reduction for remaining employees, and the restructuring of heaith and retirement benefits for current employees and retirees necessary to develop a credibly balanced spending plan. The actions taken to-date to restructure healthcare benefits for current employees and retirees have also had a significant impact on reducing both current costs and long-term liabilities. The 20% reduction in the workforce required significant reorganizational activities focused on reducing current costs. Long term liabilities were reduced by eliminating traditional defined benefit pension programs for new employees in favor of hybrid plans; by moving the City’s retirement system into the a state wide retirement system; by restructuring health insurance benefits for current employees and placing retirees Into those same plans; and by eliminating the promise of retiree health care for new employees in favor of providing retiree medical savings accounts. Much of the positive financial result in FY13 carne from these actions. The restructuring, which was implemented during the course of FY12, reduced the City’s OPEB liabilities alone from nearly $900 million to less than $325 million as noted in the FY13 audit. The efforts of the City to regain financial solvency have been aided by support from numerous Federal, State and private partners. State police troopers have been placed in the City to support local law enforcement efforts, and funds have been allocated to enhance prosecution activities and to operate the City’s lack up. The Governor's proposed budget continues this support. xxxEND_PAGE:treasury01_b12_1388_1712_300 The steps taken to begin to restore the City to financlal solvency have not been without conflict and changing circumstances. A significant legal challenge has been made to the decision to move retirees

Contracts for Flint Water Treatment Plant expansion

Hello Wayne and Ed. There are 2 contracts related to the Flint WTP expansion at Treasury for approval. As you know, time is of the essence and the contractor (Zito) is unwilling to begin work without knowledge that the proposed contract is approved, Any assistance you can give in getting these contracts approved is greatly appreciated. Thanks! Jerry 71 xxxEND_PAGE:treasury01_b19_2589_2633_39 Byrne, Randall (T' reasury)

Fwd: order for Flint

Wayne and Ed, We greatly appreciate the call made after our last meeting to DEQ by Eric Cline regarding the pending ACO. It has moved along, but still in process. i xxxEND_PAGE:treasury01_b19_2589_2633_24 Any additional assistance you an give would be greatly appreciated. As you can see from Dave Massaron's email, formal approval of the ACO is required in order for the bond sale to proceed. Thanks and see you tomorrow. Jerry non-~---e- Forwarded message ---------~