Flint Water Crisis Settlement Agreement

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CONCERNED PASTORS FOR SOCIAL ACTION; MELISSA MAYS; AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN; and NATURAL RESOURCES DEFENSE COUNCIL, INC., Plaintiffs, v.

Case No. 16-10277 Hon. David M. Lawson Mag. J. Stephanie Dawkins Davis

NICK A. KHOURI, in his official capacity as Secretary of Treasury of the State of Michigan; FREDERICK HEADEN, in his official capacity as Chairperson of the Flint Receivership Transition Advisory Board; MICHAEL A. TOWNSEND, in his official capacity as Member of the Flint Receivership Transition Advisory Board; JOEL FERGUSON, in his official capacity as Member of the Flint Receivership Transition Advisory Board; MICHAEL A. FINNEY, in his official capacity as Member of the Flint Receivership Transition Advisory Board; SYLVESTER JONES, in his official capacity as City Administrator; and CITY OF FLINT, /

Defendants.

STIPULATION Plaintiffs and Defendants in the above-captioned matter, along with the State of Michigan and the Michigan Department of Environmental Quality, have agreed to a resolution of this case. Plaintiffs and Defendants, along with the State of 1

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Michigan and the Michigan Department of Environmental Quality, therefore hereby stipulate to the Court’s entry of an order that: (a) incorporates the terms of the Settlement Agreement attached as Exhibit 1; (b) retains jurisdiction to enforce the terms of the Settlement Agreement; and (c) dismisses the case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). This stipulation is in accord with Federal Rule of Civil Procedure 41(a)(2).

Plaintiffs and Defendants, along with the State of Michigan and the Michigan Department of Environmental Quality, further request a hearing on this Stipulation and the attached Settlement Agreement.

Dated:

March 27, 2017

Respectfully submitted,

/s/ Dimple Chaudhary___________ Dimple Chaudhary Jared E. Knicley Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 (202) 289-2385 dchaudhary@nrdc.org jknicley@nrdc.org

/s/ Richard Kuhl (with consent)______ Richard S. Kuhl (P42042) Nathan A. Gambill (P75506) Environment, Natural Resources, and Agriculture Division Michael F. Murphy (P29213) Joshua O. Booth (P53847) State Operations Division Assistant Attorneys General G. Mennen Williams Building 525 West Ottawa Street Lansing, MI 48933 (517) 373-7540 kuhlr@michigan.gov gambilln@michigan.gov murphym2@michigan.gov boothj2@michigan.gov

Sarah C. Tallman Natural Resources Defense Council 20 North Wacker Drive, Suite 1600 Chicago, IL 60606 (312) 651-7918 stallman@nrdc.org Michael E. Wall Natural Resources Defense Council 111 Sutter Street, 21st Floor

Counsel for Defendant State Treasurer, Defendant Members of the Flint 2

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San Francisco, CA 94104 (415) 875-6100 mwall@nrdc.org

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Receivership Transition Advisory Board, Michigan Department of Environmental Quality, and the State of Michigan

Counsel for Plaintiffs Concerned Pastors for Social Action, Melissa Mays, and Natural Resources Defense Council, Inc.

/s/ Sheldon H. Klein (with consent)___ Frederick A. Berg, Jr. (P38002) Sheldon H. Klein (P41062) 150 West Jefferson Street, Suite 100 /s/ Michael J. Steinberg__________ Detroit MI 48226 (313) 225-7000 Michael J. Steinberg (P43085) American Civil Liberties Union Fund of bergf@butzel.com klein@butzel.com Michigan 2966 Woodward Avenue Detroit, MI 48201 Counsel for Defendant City of Flint (313) 578-6814 /s/ William Y. Kim (with consent)___ msteinberg@aclumich.org William Y. Kim (P76411) City of Flint Law Department Counsel for Plaintiff American Civil 1101 South Saginaw Street, 3rd Floor Liberties Union of Michigan Flint MI 48502 /s/ Glenn M. Simmington________ (810) 766-7146 wkim@cityofflint.com Glenn M. Simmington (P33626) Law Office of Glenn M. Simmington, PLLC Counsel for Defendants City of Flint Mott Foundation Building and Sylvester Jones 503 South Saginaw Street, Suite 1000 /s/ Eugene Driker (with consent)___ Flint, MI 48502 (810) 600-4211 Eugene Driker (P12959) gsimmington@gmail.com Todd R. Mendel (P55447) Special Assistant Attorneys General for Governor Richard D. Snyder Counsel for Plaintiff Melissa Mays Barris, Sott, Denn & Driker, PLLC 333 West Fort Street, Suite 1200 Detroit, MI 48226 (313) 965-9725 edriker@bsdd.com tmendel@bsdd.com Counsel for Richard D. Snyder, 3

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Governor of the State of Michigan

4

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CERTIFICATE OF SERVICE I hereby certify that on March 27, 2017, I electronically filed the foregoing Stipulation and attached Settlement Agreement with the Clerk of the Court using the ECF system, and I hereby certify that I also transmitted the foregoing Stipulation and attached Settlement Agreement by electronic mail to all signatories to the Stipulation.

/s/Dimple Chaudhary Dimple Chaudhary Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 (202) 289-2385 dchaudhary@nrdc.org

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SETTLEMENT AGREEMENT

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TABLE OF CONTENTS RECITALS................................................................................................................. 1 I.

Definitions ....................................................................................................... 4

II.

Duration ......................................................................................................... 11

III.

Compliance .................................................................................................... 11

IV.

Service Line Replacement ............................................................................. 13

V.

VI.

A.

Replacement of Service Line; Replacement Eligible Households ..... 13

B.

Timeline and Milestones ..................................................................... 18

C.

Funding ................................................................................................ 19

D.

Process ................................................................................................. 28

E.

Faucet Filter Maintenance after Service Line Replacement ............... 29

F.

Monitoring in Connection with Service Line Replacements .............. 30

G.

Completion of Service Line Replacement .......................................... 32

Tap Water Monitoring ................................................................................... 32 A.

Tap Water Monitoring During Consecutive 6-month Periods ............ 32

B.

Independent Monitoring Program ....................................................... 33

C.

Sample Collection ............................................................................... 36

D.

Voluntary Residential Monitoring ...................................................... 37

E.

Notification of Tap Water Monitoring Results ................................... 38

Filter Installation, Maintenance, and Education ............................................ 39 ii

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A.

CORE Staff.......................................................................................... 39

B.

Initial Visits ......................................................................................... 40

C.

Follow-Up Visits ................................................................................. 47

D.

Opt-out Option for Eligible Households ............................................. 50

E.

New Flint Water System Customers ................................................... 51

F.

Appointment for CORE Team Visits .................................................. 51

G.

Priority CORE Team Visits................................................................. 52

H.

Publicity for CORE Program .............................................................. 52

VII. Bottled Water Distribution ............................................................................ 54 A.

Community Water Resources Sites ..................................................... 54

B.

2-1-1 Services ...................................................................................... 57

C.

Access and Functional Needs List ...................................................... 58

VIII. Health Programs ............................................................................................ 59 IX.

Release of Liability ........................................................................................ 60

X.

Reporting and Disclosures ............................................................................. 63

XI.

Notices ........................................................................................................... 69

XII. Attorney Fees and Costs ................................................................................ 70 XIII. Dispute Resolution and Judicial Enforcement .............................................. 71 XIV. Force Majeure ................................................................................................ 72 XV. Modification .................................................................................................. 74 iii

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XVI. Dismissal and Waiver of Appeal ................................................................... 75 XVII. Signatories and Counterparts ......................................................................... 76 XVIII. Integration Clause ........................................................................................ 76

iv

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SETTLEMENT AGREEMENT This Settlement Agreement is entered into, by, and between Plaintiffs Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc., and American Civil Liberties Union of Michigan; Defendants Nick A. Khouri, in his official capacity as Treasurer for the State of Michigan; Frederick Headen, in his official capacity as a Member of the Flint Receivership Transition Advisory Board; Michael Finney, in his official capacity as a Member of the Flint Receivership Transition Advisory Board; Mike Townsend, in his official capacity as a Member of the Flint Receivership Transition Advisory Board; Joel Ferguson, in his official capacity as a Member of the Flint Receivership Transition Advisory Board; the City of Flint; and Sylvester Jones, in his official capacity as City Administrator for the City of Flint; and third parties Michigan Department of Environmental Quality and the State of Michigan, hereafter referred to individually as “Party” and collectively as “Parties.”

RECITALS WHEREAS, on January 27, 2016, Plaintiffs filed a Complaint in the U.S. District Court for the Eastern District of Michigan, entitled Concerned Pastors for Social Action, et al. v. Khouri, et al., Case No. 2:16-cv-10277. The Complaint, ECF No. 1, seeks declaratory and injunctive relief under the citizen-suit provision of the Safe Drinking Water Act, 42 U.S.C. § 300j-8(a); 1

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WHEREAS, Plaintiffs alleged in their Complaint that the Flint Water System is in violation of the Lead and Copper Rule’s requirements for corrosion control treatment, tap water monitoring, notification, and reporting, Compl. ¶¶ 16875; and that each named Defendant is liable for the alleged violations of the Lead and Copper Rule as an owner and/or operator of the Flint Water System within the meaning of the Safe Drinking Water Act, Compl. ¶¶ 29-30; WHEREAS, Defendants answered Plaintiffs’ Complaint, denied liability, and denied that any violation of the Lead and Copper Rule has taken or continues to take place; and Defendants Michigan State Treasurer and Members of the Flint Receivership Transition Advisory Board denied they were operators of the Flint Water System within the meaning of the Safe Drinking Water Act, see ECF Nos. 65, 69; WHEREAS, on November 10, 2016, the Court issued an opinion and order granting Plaintiffs’ motion for a preliminary injunction, ECF No. 96; WHEREAS, on November 21, 2016, State Defendants filed a notice of appeal from the order granting a preliminary injunction, ECF No. 99; WHEREAS, on December 13, 2016, State Defendants filed a motion to dissolve the preliminary injunction, ECF No. 110, and on December 20, 2016, Plaintiffs filed a motion to enforce the preliminary injunction, ECF No. 116; WHEREAS, on December 19, 2016, counsel for Governor Rick Snyder 2

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wrote to the Court requesting the appointment of a mediator to facilitate resolution of the Case; WHEREAS, on December 28, 2016, the Court appointed a mediator to facilitate settlement discussions among the Parties to this Agreement, ECF No. 122, and the Parties have since engaged in arm’s-length settlement discussions; WHEREAS, all Parties agree that replacing all lead and galvanized steel water service lines in the City of Flint with copper water service lines will help reduce lead contamination in the City’s drinking water; WHEREAS, the Parties have agreed to resolve this Case on the terms set forth in this Agreement without admission of any issue of fact or law; WHEREAS, the Parties’ entry into this Agreement is contingent upon the Court’s incorporation of the Agreement into a judicial order over which the Court will retain jurisdiction to enforce the Agreement’s terms; WHEREAS, the third parties, the State of Michigan and the Michigan Department of Environmental Quality, enter into this Agreement for the sole purpose of aiding the Defendants in resolving this Case, and do not waive their Eleventh Amendment immunity to the Court’s jurisdiction except as explicitly indicated herein; WHEREAS, the State Defendants have been named as Defendants in the Case in their official government capacities, and the State Defendants are relying 3

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on the State of Michigan, Michigan Department of Environmental Quality, and the City to provide the relief described in this Agreement; WHEREAS, the Parties agree that resolution of this Case without the delay, expense, risk, and uncertainties of further litigation, including trials and appeals, is in the best interest of the Parties, the public, and judicial economy; WHEREAS, after the voluntary exchange of information, the Parties consider this Agreement to be a fair, reasonable, and equitable resolution of all claims in this Case; BASED ON THE FOREGOING RECITALS AND THE TERMS AND CONDITIONS STATED HEREIN, the Parties agree as follows: I.

Definitions 1.

Unless otherwise expressly defined in this Agreement, terms used in

this Agreement that are defined in the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., or in regulations promulgated under the Safe Drinking Water Act, shall have the meaning assigned to them in the statute or the U.S. Environmental Protection Agency (EPA) regulations thereunder.

2.

Whenever the terms listed below are used in this Agreement, the

following definitions apply: a.

“active water account” means any account registered with the City through which the City legally provides drinking water at 4

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the address associated with that account. A water account is “active” regardless of whether the account owner’s payments are up to date or past due; b.

“Agreement” means this Settlement Agreement and any attachments or exhibits expressly incorporated by reference into this Settlement Agreement;

c.

“Case” means Concerned Pastors for Social Action, et al. v.

Nick A. Khouri, et al., No. 2:16-cv-10277 (E.D. Mich. Jan. 27, 2016), and appeals arising out of that matter, including Case No. 16-2628 in the United States Court of Appeals for the Sixth Circuit;

d.

“City” means the City of Flint, Michigan;

e.

“City Defendants” means the City of Flint, and Sylvester Jones, in his official capacity as City Administrator for the City of Flint;

f.

“Community Water Resources Site” means one of nine points of distribution (PODs) where the State of Michigan presently makes bottled water, faucet filters, faucet filter cartridges, and household tap water testing kits available free of charge to Flint residents; 5

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g.

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“Completion of Service Line Replacement” means the date the City of Flint materially completes its obligations under Paragraphs 8-20, 28-30, 33, and 38 of this Agreement;

h.

“Day” means a calendar day. In computing any period of time under this Agreement, where the last day would fall on a Saturday, Sunday, or State of Michigan or federal holiday, the period shall run until the close of business of the next working day;

i.

“Defendants” means Nick A. Khouri, in his official capacity as Treasurer for the State of Michigan; Frederick Headen, in his official capacity as a Member of the Flint Receivership Transition Advisory Board; Michael Finney, in his official capacity as a Member of the Flint Receivership Transition Advisory Board; Mike Townsend, in his official capacity as a Member of the Flint Receivership Transition Advisory Board; Joel Ferguson, in his official capacity as a Member of the Flint Receivership Transition Advisory Board; the City of Flint; and Sylvester Jones, in his official capacity as City Administrator for the City of Flint;

j.

“Effective Date” of this Agreement means the date the U.S. 6

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District Court enters an order incorporating the terms of this Agreement, retaining jurisdiction to enforce this Agreement, and dismissing the Case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2); k.

“EPA Order” means the Emergency Administrative Order dated January 21, 2016, amended on November 17, 2016, In re: City of Flint, Michigan; Michigan Department of Environmental Quality; and the State of Michigan, incorporated by reference in this Agreement and attached as Exhibits A and B;

l.

“excavations” means digging a hole or channel through a method approved by the City at the location of a curb stop and box and exposing several inches of the service line in each direction, for the purpose of identifying the material of a buried service line;

m.

“Faucet Filter” means a point-of-use faucet-mounted filter certified by the National Sanitation Foundation to remove lead up to 150 ppb, such as the Brita faucet filter, model SAFF-100, or a PUR Faucet Mount, model number FM-3700B;

n.

“Flint Water System” means the public water system owned by the City of Flint, Michigan; 7

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o.

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“Government Parties” means Defendants, the State of Michigan, and the Michigan Department of Environmental Quality, collectively;

p.

“household” means a dwelling unit with plumbing that connects to the Flint Water System;

q.

“Lead Action Level” means the applicable “action level” for lead in the Michigan Administrative Code, as promulgated pursuant to the Michigan Safe Drinking Water Act, 1976 PA 399. As of the Effective Date, the lead action level is identified in Michigan Administrative Code Section R 325.10604f;

r.

“Lead and Copper Rule” means the regulations set forth at 40 C.F.R. §§ 141.80 to .91;

s.

“Paragraph” means a portion of this Agreement identified by a non-Roman numeral or a lowercase letter;

t.

“Plaintiffs” means Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc., and American Civil Liberties Union of Michigan;

u.

“property owner” means a person or entity who has legal authority to grant permission for excavation or service line replacement on a property beneath which all or part of a service 8

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line lies; v.

“Reporting Period” means, for purposes of Section X, the period of time between the due date of the last status report and the current status report, except that the first Reporting Period is the period of time between the Effective Date and the due date of the first status report;

w.

“resident” means a person eighteen years of age or older who resides in a household in Flint, Michigan;

x.

“Respondents to the EPA Order” or “Respondents” means the Michigan Department of Environmental Quality, the State of Michigan, and the City of Flint, collectively;

y.

“Section” means a portion of this Agreement identified by a capitalized Roman numeral or a capitalized letter;

z.

“service line” means a water pipe connecting household plumbing to the main distribution pipe running beneath the street;

aa.

“State Defendants” means Nick A. Khouri, in his official capacity as Treasurer for the State of Michigan; and Frederick Headen, Michael Finney, Mike Townsend, and Joel Ferguson in their official capacities as Members of the Flint Receivership 9

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Transition Advisory Board; bb.

“State Matching Funds” means the $20,000,000 appropriated by the State of Michigan that was required from the State in order to obtain the additional $100,000,000 of WIIN Monies for the City of Flint;

cc.

“State Parties” means State Defendants, the State of Michigan, and the Michigan Department of Environmental Quality, collectively;

dd.

“tap water testing kit” means a wide-mouth plastic bottle or bottles that allow for a flow rate during sample collection that is representative of the flow that a consumer may use to fill up a glass of water, attached to the Request for Water Analysis form and Sampling Instructions, attached as Exhibit C to this Agreement;

ee.

“Termination Date” of this Agreement means either the date on which Government Parties complete their obligations under Section VIII of this Agreement, or one year after Completion of Service Line Replacement, whichever occurs later;

ff.

“WIIN Monies” means the $100,000,000 authorized and appropriated by the U.S. Congress through section 2201(d)(1) 10

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of the Water Infrastructure Improvements for the Nation (WIIN) Act of 2016, Pub. Law No. 114-322, and section 196 of the Further Continuing and Security Assistance Appropriations Act, 2017, Pub. Law No. 114-254. WIIN Monies do not include any State Matching Funds appropriated by the State of Michigan related to the WIIN Act; and gg.

“Year 3 Cutoff Date” means the date 16 months before the Year 3 milestone described in Paragraph 20.c.

II.

Duration 3.

This Agreement shall remain in effect from the Effective Date until

the Termination Date. No obligations under this Agreement shall continue after the Termination Date.

III.

Compliance 4.

Respondents to the EPA Order will comply with the terms of the EPA

Order subject to Paragraphs 6-7.

5.

Plaintiffs may request in writing to meet and confer with Respondents

to the EPA Order about whether the actions planned or taken to comply with the EPA Order will ensure compliance with the Lead and Copper Rule’s requirements set forth in 40 C.F.R. §§ 141.80, .81, .82, .85, .86, and .90. Within 30 days of receiving a request under this Paragraph, Respondents to the EPA Order will meet 11

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and confer with Plaintiffs and will consider in good faith any reasonable recommendations from Plaintiffs. Plaintiffs may not initiate the dispute resolution process described in Section XIII to address disputes about whether the actions planned or taken to comply with the EPA Order will ensure compliance with the Lead and Copper Rule’s requirements set forth in 40 C.F.R. §§ 141.80, .81, .82, .85, .86, and .90. Nothing in this Paragraph shall limit Plaintiffs’ ability to initiate the dispute resolution process to address disputes about whether actions planned or undertaken by Respondents to the EPA Order constitute compliance with the terms of the EPA Order as set forth in Paragraph 4.

6.

In the event that the EPA Order is amended prior to the Termination

Date, Respondents to the EPA Order shall comply with the terms of the EPA Order as amended, unless the amendment imposes obligations or restrictions on Respondents to the EPA Order that are materially less stringent than the terms of the EPA Order as it existed as of the Effective Date. If an amendment results in such materially less stringent obligations or restrictions, Respondents shall comply with the terms of the EPA Order as it existed as of the Effective Date, unless doing so would violate the amended EPA Order.

7.

In the event that the EPA Order is dissolved, vacated, or otherwise

loses its legal effect prior to the Termination Date, Respondents to the EPA Order shall continue to comply with the terms of the EPA Order as it existed as of the 12

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Effective Date, and as may be amended, subject to the requirements of Paragraph 6.

IV.

Service Line Replacement A.

Replacement of Service Lines; Replacement Eligible Households

8.

The City shall replace lead and galvanized steel service lines at

households served by the Flint Water System as described in this Section of the Agreement (Section IV).

9.

The City shall conduct excavations to identify the material of the

service line running from the main line to the curb box and from the curb box to the household water meter at a minimum of 18,000 households legally served by the Flint Water System.

10.

For each replacement eligible household (as defined in Paragraph 11)

at which the City conducts an excavation under Paragraph 9, if all or part of the service line from the main line to the household water meter is discovered to be lead or galvanized steel, the City shall replace the portion(s) of the service line that are lead or galvanized steel with a copper service line at no cost to the resident or the property owner, subject to Paragraphs 15 and 17.

11.

Households eligible for service line replacement. For purposes of this

Section (Section IV) only, a “replacement eligible household� is a household that has an active water account as of the Effective Date, irrespective of any water shut13

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offs that may occur after the Effective Date.

12.

Replacement eligible households shall not include abandoned

households. A household is abandoned for purposes of this Agreement if it meets the definition of “Abandoned Property” set forth in section 24-109 of the Flint, Michigan Code of Ordinances, as of the Effective Date.

13.

The City shall maintain a list of households it determines are

abandoned and that would otherwise be eligible for service line replacement (“Abandoned Homes List”). If a resident activates a new water account at any time within 18 months of the Effective Date or prior to the Year 3 Cutoff Date, whichever is later, the City shall determine whether the address is on the Abandoned Homes List. If the address is on the Abandoned Homes list, the City shall undertake reasonable efforts to obtain permission from the account holder to replace the service line. Reasonable efforts shall include sending at least two written requests. If permission is granted, the City shall replace the service line at no cost to the new property owner within the timeline described in Paragraph 20.

14.

New water account at formerly abandoned household. If a new water

account is activated at an address on the Abandoned Homes List within 18 months of the Effective Date or prior to the Year 3 Cutoff Date, whichever is later, the City shall undertake reasonable efforts to obtain permission from the account holder to replace the service line. Reasonable efforts shall include sending at least two 14

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written requests. If permission is granted, the City shall replace the service line at no cost to the new property owner within the timeline described in Paragraph 20. If a new water account is activated more than 18 months after the Effective Date or after the Year 3 Cutoff Date, whichever is later, the City must send a written notice to the new account holder, informing the account holder that the household’s service line material was not verified during City-wide service line excavation and replacement in 2017 through 2020, and that the service line may contain lead or galvanized steel.

15.

Efforts to obtain permission for replacement at eligible households.

The City shall undertake reasonable efforts to contact property owners of properties upon which replacement eligible households are located to obtain permission to replace the portions of service lines that lie beneath private property.

To the extent that the resident of a replacement eligible household is a different person from the property owner, and if access to the household is necessary to conduct excavation or replacement, then the City shall also undertake reasonable efforts to contact the resident to obtain permission to replace the service line. a.

For purposes of Paragraph 15, reasonable efforts shall include, for those replacement eligible households at which an initial attempt to obtain permission by making in-person contact with the property owner at the household was unsuccessful, sending 15

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at least 2 written requests, by U.S. mail, to property owners at the most recent mailing address identified through city records, for permission to replace the service line at that household. The City shall keep records that show the dates on which such written requests were sent, the address of the replacement eligible household, and the address of the property owner of such household (if different). b.

A property owner who refuses permission to replace the portion of the service line lying beneath his or her property shall have 3 months from the date he or she initially declines replacement to grant the City permission to replace the portion of the service line lying beneath his or her property. To ensure that there is sufficient time to replace the service lines of property owners and residents whose permission is sought in the last year of the 3-year period set forth in Paragraph 20, the City shall contact the property owners and residents at all replacement eligible households to seek permission to conduct excavation and replacement within 18 months of the Effective Date or prior to the Year 3 Cutoff Date, whichever is later.

16.

New water account at replacement eligible households. The City shall 16

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maintain records of the addresses of all replacement eligible households at which the property owner refuses permission to replace a service line (“Refusal List�).

When a resident activates a new water account at any time within 18 months of the Effective Date or prior to the Year 3 Cutoff Date, whichever is later, the City shall determine whether the address is on the Refusal List. If the address is on the Refusal List, the City shall undertake reasonable efforts to obtain permission from the account holder to replace the service line. Reasonable efforts shall include sending at least two written requests. If permission is granted, the City shall replace the service line at no cost to the new property owner within the timeline described in Paragraph 20. If a new water account is activated more than 18 months after the Effective Date or after the Year 3 Cutoff Date, whichever is later, the City must send a written notice to the new account holder that the household’s service line material was not verified during City-wide service line excavation and replacement in 2017 through 2020, and that the service line may contain lead or galvanized steel.

17.

Prohibition on Partial Service Line Replacements. Because partial

lead service line replacement is frequently associated with short-term elevated lead levels in drinking water, if the City discovers that the entire length of a service line (from the main line to the curb box to the household water meter) is composed of lead or galvanized steel or a combination thereof, but the property owner refuses to 17

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grant the City permission to replace the portion of the service line lying beneath private property, the City shall not replace any portion of the service line. The City shall maintain a list of such households where a lead or galvanized steel service line is discovered but not replaced, and shall record the known existence of a lead or galvanized steel service line in the City records for each such household.

18.

Ability to opt in. The Parties agree that there may be some households

in the City that are currently unoccupied and do not have an active water account, but at which the property owner may want to have the service line replaced. To facilitate replacement of service lines at these households, the City shall make available on its website a form permitting property owners to opt in to the service line replacement program under this Section (Section IV.A). Property owners may opt in to the replacement program under this Paragraph at any time within 18 months of the Effective Date or prior to the Year 3 Cutoff Date, whichever is later.

The City shall maintain a list of all property owners who have completed the form, and shall undertake reasonable efforts to contact those property owners to seek permission to replace the service lines at those households. The City may require property owners that seek to opt in under this Paragraph to create an active water account.

B.

Timeline and Milestones

19.

The City shall complete the obligations in Paragraphs 8-18 within 3 18

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years of the Effective Date.

20.

The City shall replace lead and galvanized steel service lines on the

following schedule: a.

Year 1: By January 1, 2018, the City shall have conducted excavations at a minimum of 6,000 households, and completed replacements at those households where lead and/or galvanized steel service lines are discovered.

b.

Year 2: By January 1, 2019, the City shall have conducted excavations at a minimum of 12,000 households total, and completed replacements at those households where lead and/or galvanized steel service lines are discovered.

c.

Year 3: By January 1, 2020, the City shall have conducted excavations at a minimum of 18,000 households total, plus excavations at any additional households pursuant to Paragraphs 27, 29, 30, and 33, and completed replacements at those households where lead and/or galvanized steel service lines are discovered.

C.

Funding

21.

State Monies for Service Line Replacement. Subject to the terms of

this Section (Section IV.C), the State of Michigan will allocate and disburse 19

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monies to reimburse or pay on behalf of the City for costs related to identifying service line materials and replacing lead and galvanized steel service lines in the City pursuant to Paragraphs 8-20.

22.

Allocated Monies. The State of Michigan shall allocate $87,000,000

(the “Allocated Monies�) for the purposes identified in Paragraph 21. To fulfill the obligations under this Paragraph, the State of Michigan may use money from any source including, without limitation, direct appropriations from the State Legislature, federal appropriations or grants for which the State of Michigan acts as an administrator, or any state or federal forgivable loan program. Of the $87,000,000 Allocated Monies, $47,000,000 will be funds allocated by the State of Michigan from sources other than the WIIN Monies and the State Matching Funds. Of the $87,000,000 Allocated Monies, $20,000,000 will be the State Matching Funds appropriated by the State of Michigan related to the WIIN Act. Of the $87,000,000 Allocated Monies, no more than $20,000,000 will be WIIN Monies.

23.

Reimbursements. State Parties shall use the Allocated Monies to pay

on behalf of or to reimburse the City for costs incurred in fulfilling the obligations in Paragraphs 8-20, including but not limited to service line replacements, installation of copper service lines, extension of service lines into the interior of households, pavement and yard restoration, Faucet Filter installation following 20

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service line replacement, and excavations related to identification of service line material, subject to the following: a.

Reimbursements or payments under Paragraph 23 shall be sent within 30 days of the City’s submission of any payment request for costs under this Paragraph;

b.

Reimbursements or payments under Paragraph 23 will not exceed $5,000 per address at which a service line is replaced, without prior authorization by the Michigan Department of Environmental Quality. Michigan Department of Environmental Quality shall not unreasonably withhold reimbursements or payments under this Paragraph. For a given period for which reimbursement or payment is sought, the cost per address shall be the average cost of the service line replacements in the payment request submitted by the City for that period. For the purposes of this Paragraph, service line replacements shall be included in the calculation of the average cost per address regardless of whether all or part of the service line from the main line to the household water meter is replaced;

c.

If, at the time of reimbursement or payment under Paragraph 21

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23, the Allocated Monies available for disbursement include funds other than those appropriated by the U.S. Congress or Michigan State Legislature pursuant to the WIIN Act (including the $100,000,000 federal appropriation and the $20,000,000 State Matching Funds), best efforts will be undertaken to first disburse those funds, subject to applicable state and federal law; d.

Any reimbursements provided to or payments made on behalf of the City under Paragraph 23 shall take the form of a grant, or a loan with 100% forgiveness of the loan amount, or any other mechanism designed to provide funds to the City that do not have to be paid back by the City;

e.

Any separate grant or loan agreement(s) entered into between State Parties and the City of Flint related to reimbursements or payments under this Paragraph from the Allocated Monies or the Reserve Monies shall not be inconsistent with this Agreement, and State Parties and City of Flint must comply with this Agreement notwithstanding the provision of any separate grant or loan agreement(s);

f.

Any separate grant or loan agreement(s) entered into between State Parties and the City of Flint related to reimbursements or 22

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payments under this Paragraph shall not result in the City’s inability to perform its obligations under Paragraphs 8-20; and g.

State Parties will make best efforts to provide Plaintiffs with a copy of any separate grant or loan agreement(s) entered into between State Parties and the City of Flint related to reimbursements or payments under this Paragraph at least 7 days before the execution of any such agreement. In any event, State Parties shall provide a copy to Plaintiffs of any such agreement(s) as soon as reasonably possible after execution.

24.

Denials of Reimbursement or Payments. State Parties shall provide

written notice to all Parties of denials of reimbursement or payments, as described in Paragraph 23.b. If, within 14 days of receiving such a notice, any Party disputes the reasonableness of any denial of reimbursement or payment in that notice, that Party may initiate the dispute resolution process described in Section XIII. 25.

Audit request. The State of Michigan shall request the Office of

Auditor General to conduct annual financial and performance audits of the Michigan Department of Environmental Quality’s administration of the reimbursements or payments described in Paragraph 23.

26.

Residue. After the Completion of Service Line Replacement, any

remaining Allocated Monies may be used by State Parties for purposes other than 23

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those identified in Paragraph 21, in accordance with state and federal law. Any remaining Allocated Monies appropriated as part of the WIIN Act, including any State Matching Funds, shall be distributed to the City in accordance with that Act. 27.

Reserve Monies. In addition to any monies allocated pursuant to

Paragraph 21, State Parties shall retain an additional $10,000,000 (the “Reserve Monies�) of the WIIN Monies. In the event that it is determined under Paragraph 29 that the Allocated Monies cannot reasonably be expected to cover the costs of completing the excavations and replacements required by Paragraphs 8-20, State Parties shall disburse the Reserve Monies pursuant to Paragraph 23. After the Completion of Service Line Replacement, any portion of the Reserve Monies remaining shall be distributed to the City in accordance with the WIIN Act. 28.

In the event that the Allocated and Reserve Monies made available for

reimbursement or payment by State Parties pursuant to Paragraphs 23 and 27 are insufficient to reimburse or pay on behalf of the City for replacements required under this Section, the City shall complete excavations and replacements of lead and galvanized steel service lines at replacement eligible households until no Allocated or Reserve Monies remain available for reimbursement or payment.

29.

Updating cost and service line estimates. After completion of

excavations and service line replacements at replacement eligible households identified in Zones 1 through 10 in Proposal Nos. 17-560, 2017 Replacement of 24

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Water Service Lines (Zones 1-10) and 17-564, 2017 Replacement of Water Service Lines (Zones 1-9) (attached to this Agreement as Exhibits D and E), the City shall conduct an evaluation as to whether the data and information available to them support any of the following conclusions: (i) it is reasonably likely that there were more than 18,000 lead and galvanized steel service lines at replacement eligible households as of the Effective Date; (ii) that the Allocated Monies and the Reserve Monies can reasonably be expected to cover the costs of completing the 18,000 excavations and replacements identified in Paragraphs 8-18 and the total number of any additional lead and galvanized steel service lines anticipated in light of the evaluation of (i) in this Paragraph; and/or (iii) that the Allocated Monies can reasonably be expected to cover the costs of completing the 18,000 excavations and service line replacements identified in Paragraphs 8-18 and the total number of any additional replacements of lead and galvanized steel service lines anticipated in light of the evaluation of conclusion (i) in this Paragraph. In making this determination, the City shall consider all relevant information available to them, including without limitation information obtained through completion of service line replacement under Proposal No. 17-560; any additional excavations (through hydro vacuum or other methods) completed after the Effective Date; and any additional investigation of service line material at households conducted in connection with tap water monitoring under this Agreement.

25

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30.

Pg ID 7378

Within 30 days after the completion of excavations and service line

replacements at replacement eligible households identified in Zones 1 through 10 in Proposal Nos. 17-560, 2017 Replacement of Water Service Lines (Zones 1-10), and 17-564, 2017 Replacement of Water Service Lines (Zones 1-9), the City shall provide a written statement to all other Parties summarizing the data and information used in the evaluation outlined in Paragraph 29, and the City’s relevant conclusions regarding (i)-(iii) in Paragraph 29. Within 14 days of receiving the written statement under this Paragraph, any other Party shall notify the City of whether they concur with the findings in the written statement. To the extent any Party does not concur with the findings in the City’s statement, any Party may initiate the dispute resolution process described in Section XIII. No monies will be released pursuant to Paragraph 31 until the resolution of any dispute arising under this Paragraph.

31.

Release of Reserve Monies. If the Allocated Monies will be sufficient

to complete the excavations and service line replacements of all lead and galvanized steel service lines in the City, based on the evaluation conducted under Paragraph 29, then the Reserve Monies must no longer be retained as required under Paragraph 27 and will be distributed to the City for the purposes identified in section 2201(b) of, and in accordance with, the WIIN Act. 32.

Obligation to seek additional funds. If, based on the evaluation 26

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conducted pursuant to Paragraph 29, it is reasonably likely that the Allocated Monies and Reserve Monies will be insufficient to complete the 18,000 excavations and replacements identified in Paragraphs 8-18 plus any additional excavations and replacements identified, State Parties shall undertake all reasonable efforts to secure additional monies (including, if necessary, seeking appropriations from the Michigan State Legislature) sufficient to reimburse the City for costs related to the excavations and replacements described in Paragraphs 8-20 at replacement eligible households. Any additional monies secured by State Parties under this Paragraph shall be made available for reimbursement or payment under Paragraph 23. State Parties shall undertake the reasonable efforts required under this Paragraph and shall provide Plaintiffs with a written report documenting such efforts and the results within 90 days of Plaintiffs’ concurrence or the resolution of any disputes under Paragraph 30.

33.

Obligation to replace additional service lines. If, based on the

evaluation conducted pursuant to Paragraph 29, it is reasonably likely that there were more than 18,000 lead and galvanized steel service lines at replacement eligible households in the City as of the Effective Date, then the milestones in Paragraph 20 shall be modified and the City shall complete excavation and replacement of the updated total number of estimated lead and galvanized steel service lines in the City within 3 years of the Effective Date. If additional monies 27

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are necessary to conduct excavations and service line replacements under this Paragraph, the City will conduct those excavations and service line replacements only if State Parties secure additional monies for reimbursement or payment under Paragraph 23, as described in Paragraph 32. In the event that additional monies State Parties secure as described in Paragraph 32 are insufficient to complete the City’s obligations under this Paragraph, the City shall nonetheless complete as many replacements of lead and galvanized steel service lines at replacement eligible households as the additional monies allow.

D.

Process

34.

Flushing protocol. The City shall ensure that, after replacement of a

service line at a household, flushing is conducted for at least 15 minutes at the hose bib outside the house, and that the resident is instructed to flush the taps inside the house for at least 15 minutes by opening the taps as wide as possible and flushing the water at the highest velocity possible after removing and cleaning any aerators and Faucet Filters.

35.

Notice of lead or galvanized steel premise plumbing. If the City

discovers that a household has premise plumbing made of lead or galvanized steel, the City shall provide notice to the property owner and residents of the household of the premise plumbing material, and that the premise plumbing in the household may be a source of lead in drinking water.

28

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36.

Pg ID 7381

Contract management and recordkeeping. The City shall maintain

records sufficient to comply with the reporting and disclosure requirements under this Agreement.

37.

Oversight. Plaintiffs or State Parties may request in writing to meet

and confer with the City about whether the actions planned or taken under this Section will ensure compliance with the timeline and milestones in Paragraphs 1920. Within 30 days of receiving a request to meet and confer under this Paragraph, the City will meet and confer with the requesting Parties and will consider in good faith any reasonable recommendations from those Parties.

E.

Faucet Filter Maintenance after Service Line Replacement

38.

Government Parties shall ensure that at each household where a

service line is replaced, residents are instructed to use filtered water for at least 6 months following the service line replacement. Unless the resident refuses, Government Parties will make a good faith effort to ensure that each household has a properly installed Faucet Filter immediately after its service line replacement is complete and a sufficient number of replacement cartridges for 6 months of use. A good faith effort shall include three attempts to obtain access to a household to properly install a Faucet Filter. For the excavations and replacements undertaken by the City with respect to the first 6,000 service lines under Paragraph 20.a, State Parties will fulfill the obligations under this Paragraph. Thereafter, the City shall 29

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fulfill the obligations under this Paragraph. Government Parties will document any refusal by a resident for a filter installation under this Paragraph and provide that documentation to Plaintiffs upon request, within 14 days of such request.

39.

Replacement cartridges. State Parties will provide the City with filter

replacement cartridges for the City to make available to residents free of charge at City Hall, or another location designated by the City, until one year after the Completion of Service Line Replacement. The replacement cartridges shall be compatible with the Faucet Filters distributed and installed through the Community Outreach and Resident Education (CORE) Program in Section VI. F.

Monitoring in Connection with Service Line Replacements

40.

Confirming Lead Elimination After Replacement (CLEAR) Program.

State Parties shall recruit at least 200 households to participate in tap water monitoring as part of the CLEAR program. State Parties shall make reasonable efforts to include a geographically diverse set of eligible households in the CLEAR program. At each household participating in the CLEAR program tap water monitoring, State Parties shall direct the resident to, using procedures that comply with the Lead and Copper Rule, 40 C.F.R. ยง 141.86, and at no cost to the resident: a.

collect a tap water sample within 90 days prior to replacement of the lead or galvanized steel service line serving that household (round 1); and 30

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b.

Pg ID 7383

collect a tap water sample monthly for 6 months following replacement of the lead or galvanized steel service line serving the household (rounds 2 through 7).

41.

State Parties shall make reasonable efforts to pick up resident-

collected samples as part of the CLEAR program, including at least 3 attempted pick-ups for each sample collected.

42.

If, during a round described in Paragraphs 40.a and 40.b, the total

number of households recruited for the CLEAR program that successfully collect samples for that round falls below 100, State Parties will continue to recruit additional households to participate in the CLEAR program until a minimum of 100 participating households have collected samples for each round described in Paragraphs 40.a and 40.b.

43.

If the household otherwise qualifies as a Tier 1 sampling site pursuant

to 40 C.F.R. ยง 141.86(a)(3), Government Parties may use the tap water samples collected under Paragraph 40 to count towards the minimum required number of tap water samples to be collected during a 6-month monitoring period under Paragraph 46.

44.

State Parties shall make the results of tap water testing conducted as

part of the CLEAR Program publicly available by posting the results on a website controlled by some or all State Parties. State Parties shall update the results posted 31

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online within 7 days of receiving each round of complete data from the laboratory.

Any monitoring results posted online pursuant to this Paragraph shall remain publicly available and posted online until the Termination Date.

G.

Completion of Service Line Replacement

45.

If the City determines that it has materially complied with all of its

obligations under Paragraphs 8-20, 28-30, 33, and 38 of this Agreement, it shall provide a written statement to all Parties stating the specific date upon which the City believes it completed such obligations and explaining the basis for its conclusion. Within 14 days of receiving the written statement under this Paragraph, all Parties shall notify the City whether they concur with the conclusions in the written statement. If all Parties concur with the City’s conclusion in the written statement, the City’s obligations under Paragraphs 8-20, 28-30, 33, and 38 of this Agreement shall be deemed to be completed as of the date indicated in the City’s statement. This date will constitute the “Completion of Service Line Replacement.” To the extent any Party does not concur with the conclusions in the City’s statement, any Party may initiate the dispute resolution process described in Section XIII. V.

Tap Water Monitoring A.

Tap Water Monitoring During Consecutive 6-month Periods

46.

Government Parties shall monitor the tap water distributed through 32

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Flint’s Water System for lead in compliance with the Lead and Copper Rule, 40 C.F.R. § 141.86, during consecutive 6-month periods, including the period beginning January 1, 2017, and continuing thereafter.

47.

Government Parties shall not seek, and the Michigan Department of

Environmental Quality shall not permit, reduced monitoring for the Flint Water System under 40 C.F.R. § 141.86(d)(4) until one year after Completion of Service Line Replacement.

48.

Tap water monitoring conducted under Paragraph 46 shall include, for

each 6-month monitoring period, the collection of tap water samples from at least the minimum number of sites specified in the first column (“standard monitoring”) of the table in 40 C.F.R. § 141.86(c). All sites at which tap water monitoring is conducted under Paragraph 46 shall be Tier 1 sampling sites, as defined in 40 C.F.R. § 141.86(a)(3).

49.

For tap water monitoring conducted under Paragraph 46, during each

6-month monitoring period, at least half of the minimum number of required samples specified in Paragraph 48 shall be collected during May-June or JulyAugust.

B.

Independent Monitoring Program

50.

An independent program shall be established to conduct additional tap

water monitoring for the Flint Water System.

33

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51.

Pg ID 7386

The Parties shall meet and confer to agree on a third-party

Independent Monitor to conduct tap water monitoring pursuant to this Section (Section V.B). The Independent Monitor shall be a person with expertise in collecting and processing tap water samples for lead, and must not have been employed by or provided consulting services to any Party relating to drinking water in Flint, Michigan during the 5 years prior to the Effective Date. If a Party suggests a potential Independent Monitor who has served as a consultant or expert for that Party during the last 5 years concerning a matter other than drinking water in Flint, Michigan, then that Party shall disclose that fact and the nature of the prior consulting or expert work to the other Parties at the time the name is suggested. If, after 30 days from the Effective Date, the Parties cannot agree on an Independent Monitor, Plaintiffs and Government Parties shall each submit one nomination to the Court (one nomination for Plaintiffs, collectively, and one nomination for Government Parties, collectively) within 35 days from the Effective Date. The Parties shall jointly request that the Court select the Independent Monitor to conduct the monitoring described in this Section (Section V.B) within 45 days from the Effective Date.

52.

The Independent Monitor shall conduct household tap water

monitoring for lead in compliance with the Lead and Copper Rule at a minimum of 100 Tier 1 sampling sites during consecutive 6-month monitoring periods, for 3 34

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years following the Effective Date. These 100 sampling sites shall be distinct from the sites used for tap water monitoring conducted under Paragraph 46. The first 6month monitoring period will begin on July 1, 2017, or on another date agreed upon by the Independent Monitor and Plaintiffs. The Independent Monitor may conduct monitoring at fewer than 100 Tier 1 sampling sites only if Plaintiffs approve.

53.

The Independent Monitor shall identify the sampling sites used for

monitoring under this Section (Section V.B). Plaintiffs may assist the Independent Monitor with identifying the sampling sites. At the Independent Monitor’s or Plaintiffs’ request, Government Parties will provide any records and other information in their custody or control to facilitate confirmation that the sites identified by the Independent Monitor (i) are Tier 1 sampling sites, and (ii) are not being used as sites for tap water monitoring under Paragraph 46 for a particular 6month monitoring period.

54.

Plaintiffs shall execute a contract with the Independent Monitor to

conduct the tap water monitoring described in Paragraphs 50-53 and 55-56. State Parties shall timely reimburse Plaintiffs for reasonable costs incurred under that contract, excluding any overhead or oversight costs incurred by Plaintiffs and up to a maximum of $25,000 per 6-month monitoring period.

55.

If the 90th percentile lead level of the samples collected as part of the 35

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Independent Monitoring Program under this Section is below the Lead Action Level for two consecutive 6-month monitoring periods, State Parties shall discontinue funding for the Independent Monitoring Program.

56.

The Independent Monitor shall provide the results from the tap water

monitoring conducted under Paragraph 52 to the Parties within 14 days after the end of the 6-month monitoring period. Within 30 days after the end of the 6-month monitoring period, State Parties shall make those results publicly available through a website controlled by some or all of State Parties. Any monitoring results posted online pursuant to this Paragraph shall remain publicly available and posted online until the Termination Date.

C.

Sample Collection

57.

All household tap water samples collected for the purposes of

implementing this Agreement shall be collected using wide-mouth sample bottles as described in Paragraph 2.dd.

58.

All household tap water samples collected for the purpose of

implementing this Agreement shall be collected without the practice of prestagnation flushing, as described in a Memorandum from Peter C. Grevatt, Director, Office of Ground Water & Drinking Water, U.S. EPA, to Water Division Directors, Regions I – X, U.S. EPA, dated February 29, 2016, regarding Clarification of Recommended Tap Sampling Procedures for Purposes of the Lead 36

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and Copper Rule, attached to this Agreement as Exhibit F. No tap water sampling instructions provided to residents for the purposes of collecting tap water samples under this Agreement shall include an instruction to conduct pre-stagnation flushing prior to collecting the sample.

D.

Voluntary Residential Monitoring

59.

Until one year after the Completion of Service Line Replacement,

Government Parties shall continue to provide household tap water testing kits to residents who want to test their tap water for lead. Government Parties shall provide these testing kits and the testing free of charge to residents. Government Parties shall make household tap water testing kits available for residents to pick up at City Hall, and may make tap water testing kits available at other locations.

State Parties will cover the costs of the tap water testing kits.

60.

Government Parties may charge a reasonable fee to cover costs of

testing a resident’s tap water for lead if the resident has already submitted more than two testing kits for the purpose of testing his or her tap water during the preceding 6 months.

61.

State Parties shall ensure that each household that submits a tap water

testing kit pursuant to Paragraph 59 is notified of the tap water monitoring results for that individual household no later than 30 days after the Flint Water System learns of those results. This notification shall be provided by mail and otherwise 37

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comply with the requirements in 40 C.F.R. ยง 141.85(d).

62.

State Parties shall make the results of tap water monitoring conducted

under this Section publicly available on a website controlled by some or all of State Parties. The results posted on such a website shall be updated at least every 30 days. Any monitoring results posted online pursuant to this Paragraph shall remain publicly available and posted online until the Termination Date.

E.

Notification of Tap Water Monitoring Results

63.

Government Parties shall implement an information check and log

system at all locations where residents can drop off household tap water testing kits, to help ensure residents promptly receive their testing results.

64.

A staff person at each such location shall make best efforts to verify

that a name and address are present and legible on each testing kit at the time of submission.

65.

Staff at each such location shall also maintain a log that identifies

each testing kit that is dropped off by any identifying number on the sample bottle and provide written receipts to the resident upon drop-off that contain any identifying number. POD or City staff receiving the testing kit shall record in the log the date and time that the testing kit was received and that the staff person has completed the information check described in Paragraph 64.

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VI.

Pg ID 7391

Filter Installation, Maintenance, and Education 66.

State Parties shall maintain and expand the CORE program on filter

education, installation, and maintenance as described in this Section.

67.

For purposes of this Section only (Section VI), a “CORE eligible

household� is any household that has an active water account, but does not include households that are abandoned, as defined in Paragraph 12.

A.

CORE Staff

68.

State Parties shall ensure that CORE teams are dispersed throughout

Flint for 8 hours per day, Monday through Saturday. By March 1, 2017, State Parties will make best efforts to disperse at least 90 education specialists daily for 8 hours per day on Mondays through Saturdays. CORE education specialists will be dispersed on Sundays for up to 8 hours to conduct scheduled appointments with CORE eligible households and Initial and Follow-up Visits. The number of CORE education specialists dispersed on Sundays may vary depending on demand and staff availability.

69.

Starting March 1, 2017, State Parties will make a good-faith effort to

maintain 160 education specialists, including 16 coordinators, as part of the CORE staff. In the event that the number of CORE education specialists available to conduct Initial and Follow-Up Visits drops to or below 150, State Parties will, within 7 days, request that GST Michigan Works! hire the number of education 39

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specialists necessary to reach 165 total education specialists. State Parties will make best efforts to ensure that, within 45 days of such a request to GST Michigan Works!, such additional education specialists are hired and trained to conduct Initial and Follow-Up Visits.

70.

Before any permanent decrease in CORE staff, State Parties shall

provide written notice to Plaintiffs at least 30 days before the planned staff decrease and shall meet and confer with Plaintiffs concerning such a decrease upon request, within 14 days of such a request. Plaintiffs may not initiate the dispute resolution process described in Section XIII to address disputes arising under this Paragraph.

71.

Within 14 days of the Effective Date, State Parties will make available

to Plaintiffs for review and comment any materials used to train CORE staff. All training materials used for CORE staff and written materials distributed during CORE visits shall be consistent with the Filter Education described in Paragraph 77.c. State Parties shall inform Plaintiffs by written notice every 30 days, beginning 30 days after the Effective Date, of any changes to these materials.

B.

Initial Visits

72.

Except as provided in Paragraph 74, by March 23, 2017, CORE

teams shall make all reasonable efforts to complete an Initial Visit with every CORE eligible household. An Initial Visit for a CORE eligible household is 40

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deemed completed if one of the following is true: a.

There is a successful filter inspection: A CORE team has made a successful filter inspection if the CORE team makes personal contact with a resident of the household and conducts the Filter Inspection and Education set forth in Paragraph 77; or

b.

A resident refuses inspection: A resident refuses inspection when the CORE team makes personal contact with a resident of the household, and upon an attempt by the CORE team to conduct the Filter Inspection and Education set forth in Paragraph 77, the resident refuses CORE staff entry into the household. In such circumstances, the CORE team shall attempt to leave with the resident a door hanger as described in Paragraph 75 and any written educational information as described in Paragraph 77.c.iv, and shall document whether a Follow-up Visit is appropriate. A Follow-Up Visit is appropriate unless the CORE team determines, based on personal contact with the resident, that a Follow-up Visit to that household would be rejected by the resident. In such circumstances, the CORE team shall document the reasons for that determination, and the household is no longer a CORE 41

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eligible household.

73.

CORE teams will have made all reasonable efforts to complete an

Initial Visit at a CORE eligible household as required in Paragraph 72 if, after two attempted Initial Visits, they have been unable to make personal contact with a resident of the household.

74.

No Initial Visit is required for any CORE eligible household for

which a CORE team conducted a Filter Inspection and Education set forth in Paragraph 77, or its substantial equivalent, prior to the Effective Date.

75.

CORE teams shall leave a door hanger at a CORE eligible household

where they are unable to make personal contact during any attempted Initial Visit or Follow-Up Visit. The door hangers shall include information on the purpose of the CORE program; how to schedule an appointment for a visit from a CORE team; and how to get information about water-related services. A copy of the door hanger is attached as Exhibit G. By April 15, 2017, the door hanger shall include Spanish language information on the purpose of the CORE program and how to schedule an appointment for a visit from the CORE team.

76.

CORE teams dispersed on Saturdays will be instructed to attempt to

visit CORE eligible households where attempted Initial Visits on weekdays had resulted in no personal contact with a resident.

77.

The “Filter Inspection and Education� conducted by CORE teams 42

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during an Initial Visit must, at a minimum, include the following elements: a.

Engagement i.

The CORE team will explain to a resident of the household that they are visiting to inspect the household’s Faucet Filter to ensure it is properly installed and working and to provide information and training related to Faucet Filters.

b.

Inspection i.

The CORE team will inspect the household’s kitchen faucet to determine whether a Faucet Filter has been installed.

ii.

If a Faucet Filter has been installed on a kitchen faucet, the CORE team will determine whether that filter is properly installed and is operating properly. If the CORE team determines that the Faucet Filter is properly installed and is operating properly, the Inspection is complete.

iii.

If no Faucet Filter has been installed on a kitchen faucet, or if the CORE team discovers that a Faucet Filter is installed improperly or is not operating properly, the CORE team will attempt to provide and install, at no cost to the household, a new Faucet Filter and/or appropriate filter cartridge on a kitchen faucet. If the CORE team installs a Faucet Filter 43

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and/or filter cartridge, and determines that the Faucet Filter is properly installed and operating properly, the Inspection is complete. iv.

In the event that a CORE team is unable to install a new Faucet Filter because the household’s faucet is not working or is not compatible with the Faucet Filters, the CORE team shall (a) provide the household with a qualifying Pitcher Filter; and (b) offer to add the household to the State of Michigan’s list of households that qualify for the Faucet Fixture Replacement Program (which is currently scheduled to expire on September 30, 2017), and, if the resident accepts the offer, add the household to the Program as long as capacity remains in that Program. A qualifying Pitcher Filter is the ZeroWater 23-Cup Dispenser, model number ZD-018. The Faucet Fixture Replacement Program is a program sponsored by the Michigan Department of Environmental Quality and the Michigan Department of Health and Human Services that will replace approximately 4,000 faucet fixtures in households in Flint, Michigan, at no cost to residents.

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c.

Pg ID 7397

Education i.

During the Inspection described in Paragraph 77.b, the CORE team will train the resident, through demonstration if possible, how to properly install a Faucet Filter and how to properly install a filter cartridge. The CORE team shall provide manufacturer’s instructions for any Faucet Filter or filter cartridge provided to the household.

ii.

The CORE team will educate the resident about the following topics relating to filter maintenance: (a) how to maintain the filter assembly; (b) how to identify if the filter cartridge for the installed Faucet Filter needs replacement; (c) how to install the appropriate replacement filter cartridges; (d) how and why to flush the filter following installation of a new filter cartridge; and (e) how to remove, inspect, and clean an aerator.

iii.

The CORE team will educate the resident about the following topics relating to filter use: (a) that unfiltered water should not be used for cooking or drinking; (b) how to operate the “bypass” valve of the Faucet Filter to switch between filtered and unfiltered water flowing through the 45

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filter assembly; (c) that hot water should never be run through the filter unless the “bypass” valve is turned on because hot water can ruin the filter cartridge; (d) to check before running cold water through the filter assembly to ensure that the “bypass” valve is turned off; and (e) to stop using, remove, and replace the Faucet Filter if the “bypass” valve, or any other part of the filter, breaks or begins leaking water. iv.

The CORE team will also provide the following information to the resident: (a) the telephone number to call to get replacement filter cartridges at no cost to the household, if such delivery is available when the Visit occurs; (b) the locations where replacement filter cartridges are available for pick-up; (c) a set of written instructions, including images, for filter and replacement cartridge installation (attached as Exhibit H); and (d) written instructions regarding proper use of filtered water (attached as Exhibit I); and (e) the telephone number to schedule an appointment for a visit by a CORE team for filter inspection and education services. These materials shall be available in English, 46

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Spanish, Chinese, Arabic, and Hmong, and shall be provided in whichever of those languages the residents of that household speak. v.

If, during the provision of the Education elements in Paragraph 77.c.i-iv, a resident refuses any element, the provision of the refused Education element will be deemed complete.

vi.

If, during the provision of the Education in Paragraph 77.c.i-iv, a resident requests termination of the Visit, the Education requirements of the Initial Visit will be deemed complete.

78.

Before any changes in the text of the door hangers distributed to

residents by CORE teams, State Parties shall provide written notice to Plaintiffs at least 14 days before implementation of such changes and shall meet and confer with Plaintiffs about the proposed changes within 14 days of such a request.

C.

Follow-Up Visits

79.

CORE teams shall make all reasonable efforts to complete Follow-up

Visits to each CORE eligible household monthly for 3 months beginning March 23, 2017; every other month thereafter through December 31, 2017; and then once every 6 months through December 31, 2018.

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80.

Pg ID 7400

For purposes of Paragraph 79, a Follow-Up Visit for a CORE eligible

household is deemed completed if one of the following is true: a.

There is a successful follow-up filter inspection: A CORE team has made a successful follow-up filter inspection if the CORE team makes personal contact with a resident of the household and conducts the Follow-up Filter Inspection and Education set forth in Paragraph 82; or

b.

A resident refuses inspection: A resident refuses inspection when the CORE team makes personal contact with a resident of the household, and upon an attempt by the CORE team to conduct the Follow-up Filter Inspection and Education set forth in Paragraph 82, the resident refuses CORE staff entry into the household. In such circumstances, the CORE team shall attempt to leave with the resident a door hanger as described in Paragraph 75 and any written educational information as described in Paragraph 77.c.iv, and document whether an additional Follow-up Visit is appropriate. A Follow-Up Visit is appropriate unless the CORE team determines, based on personal contact with the resident, that an additional Follow-up Visit to that household would be rejected by the resident. In 48

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such circumstances, the CORE team shall document the reasons for that determination, and the household is no longer a CORE eligible household.

81.

CORE teams will have made all reasonable efforts to complete a

Follow-up Visit at a CORE eligible household as required in Paragraph 79 if, after at least one attempted Follow-up Visit, CORE teams are unable to make personal contact with a resident of that household.

82.

The “Follow-up Filter Inspection and Education” conducted by CORE

teams during a Follow-up Visit must include the following elements: a.

The CORE team will explain to a resident of the household that they are visiting to inspect the household’s Faucet Filter to ensure it is properly installed and working and to provide information and training related to Faucet Filters;

b.

The CORE team will conduct a Filter Inspection, as described in Paragraph 77.b;

c.

The CORE team will offer to provide Filter Education, as described in Paragraph 77.c.i-iii, and will provide such education upon request; and

d.

The CORE team will provide Filter Education, as described in Paragraph 77.c.iv.

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e.

Pg ID 7402

If, during the provision of the Education elements in Paragraph 82.c-d, a resident refuses any element, the provision of the refused Education element will be deemed complete.

f.

If, during the provision of the Education in Paragraph 82.c-d, a resident requests termination of the Visit, the Education requirements of the Follow-up Visit will be deemed complete.

83.

Through December 31, 2017, the CORE team will provide, at no cost

to the CORE eligible household, enough replacement Faucet Filter cartridges for the brand and model of Faucet Filter installed on the kitchen faucet (or the qualifying Pitcher Filter if Paragraph 77.b.iv applies) to last until the next anticipated Follow-up Visit. After December 31, 2017, the CORE team will provide at no cost to the CORE eligible household at least two such replacement Faucet Filter cartridges during each Initial or Follow-up Visit, unless the household refuses to accept some or all of the replacement filters, in which case, the refusal will be documented by the CORE team.

D.

Opt-out Option for CORE Eligible Households

84.

A resident of a CORE eligible household may opt out his or her

household from future Follow-up Visits by CORE teams. If a resident indicates to a CORE team that he or she would like to opt out his or her household from future Follow-up Visits, the CORE team shall provide the resident with written 50

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information about how to obtain additional filter cartridges. By March 23, 2017, the CORE team shall be able to and shall document through a field other than a comment box in the CORE Program’s recordkeeping application (app) that the previously CORE eligible household has opted out from future Follow-up Visits.

Prior to March 23, 2017, the CORE team shall document in the comments box of the app that the previously CORE eligible household has opted out from Future Follow-up Visits and the reason why, if any is provided. After such documentation, the household will no longer qualify as a CORE eligible household.

E.

New Flint Water System Customers

85.

The City shall notify CORE staff of any new Flint Water System

customer within 30 days after activation of a new water account for the customer’s household. CORE staff shall make all reasonable efforts to complete an Initial Visit to any such household (as defined in Paragraphs 72-73) within 14 days of receiving such notice.

F.

Appointments for CORE Team Visits

86.

By March 1, 2017, State Parties shall ensure that CORE teams are

made available for visits by appointment on weekends. By March 23, 2017, State Parties shall ensure that CORE teams are made available on at least two weekday evenings each week.

87.

Once evening and weekend appointments are available for CORE 51

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team visits, State Parties shall ensure that Michigan 2-1-1 helpline operators will inform residents who call to schedule an appointment with a CORE team that appointments can be scheduled on weekends and at least two weekday evenings per week.

G.

Priority CORE Team Visits

88.

State Parties will notify CORE teams of the address of any household

with a tap water sample collected pursuant to Section V that reveals a lead concentration above 100 parts per billion in a 1-liter sample or a 1-liter calculated value, within 5 days of receiving those sampling results.

89.

Within 3 days of receiving notification under Paragraph 88, CORE

teams shall attempt a Visit to any CORE eligible household identified in that notice to provide Filter Inspection and Education as described in Paragraph 77, unless a CORE team has previously completed a Filter Inspection and Education as described in Paragraph 77 or a Follow-up Filter Inspection and Education pursuant to Paragraph 82 for that household.

H.

Publicity for CORE Program

90.

State Parties shall make available $100,000 to fund efforts to

publicize the CORE program. State Parties shall undertake reasonable efforts to use this funding to publicize the CORE program both between March 15 and April 15, 2017, and between July 15 and August 15, 2017.

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91.

Pg ID 7405

State Parties will use the funds described in Paragraph 90 to publicize

the CORE program by at least the following means: (i) a television commercial to air regularly during the time periods identified in Paragraph 90; (ii) a radio announcement to be aired regularly during the time periods identified in Paragraph 90; (iii) at least one Spanish-language advertisement (which may be an advertisement in a Spanish-language newspaper or on a Spanish-language radio station, or a billboard in a Spanish-speaking neighborhood); and (iv) a webpage accessible through both www.cityofflint.com and www.michigan.gov/flintwater.

Each advertisement referenced in this Paragraph shall state that CORE teams provide filter inspection, installation, and education free of charge and how to schedule an appointment for a visit from a CORE team.

92.

Within 14 days of the Effective Date, Plaintiffs will make reasonable

efforts to assist in community outreach to educate residents about the CORE program, including by convening a meeting of interested local groups with CORE staff representatives. As part of this assistance, Plaintiffs shall meet and confer with Government Parties concerning effective ways to conduct outreach to Spanish-speaking and other non-English-speaking residents. Government Parties shall cooperate with Plaintiffs in good faith to identify and effectuate reasonable outreach efforts to those residents.

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VII. Bottled Water Distribution A.

Community Water Resources Sites

93.

State Parties shall continue to operate at least nine Community Water

Resources Sites, also known as points of distribution (PODs), at their current hours of operation (Monday through Saturday, 12:00 pm to 6:00 pm).

94.

State Parties shall continue to make filters, filter cartridges, bottled

water, and water testing kits available to residents free of charge at each of the PODs. 95.

Beginning May 1, 2017, State Parties may discontinue the services

provided at the PODs as set forth below, but only if otherwise expressly permitted under Paragraphs 96 to 98: a.

State Parties shall track daily the number of bottled water pickups at each POD;

b.

For purposes of this Section (Section VII), a “bottled water pick-up� is a visit to a POD by a pedestrian or a vehicle for the purpose of, or that results in, the provision of bottled water;

c.

If the average number of daily bottled water pick-ups at a POD is less than or equal to 20 for the first 3 weeks of the previous month, State Parties may close that POD beginning the first day of the following month (e.g., if the average number of daily 54

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bottled water pick-ups at a POD is less than or equal to 20 during the three-week period from April 1 through April 21, 2017, then State Parties may close that POD starting May 1, 2017); d.

For at least 7 days prior to the closure of any POD, State Parties must: (i) post visible signs notifying visitors of the POD’s closure; and (ii) provide each visitor with a written notice that includes the date of the POD’s closure, the addresses and hours of operation of PODs that remain open, and the availability of bottled water delivery through the Michigan 2-1-1 helpline (unless bottled water delivery through the Michigan 2-1-1 helpline has been discontinued pursuant to Paragraph 103);

e.

At least 7 days prior to the closure of any POD, State Parties must (i) notify Plaintiffs and the City of the locations of the POD to be closed and the date of expected closure; and (ii) provide Plaintiffs with documentation of the number of bottled water pick-ups per day at the POD to be closed in the month prior to its closure; and

f.

On the day of, or within 2 days before, the closure of any POD under this Section, Government Parties shall update the 55

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information available on their websites to reflect such closure.

96.

From May 1, 2017, to June 1, 2017, State Parties may close up to 3

PODs as set forth in Paragraph 95. If more than 3 PODs have an average number of daily bottled water pick-ups of less than or equal to 20, State Parties may close only the 3 PODs with the lowest average numbers of such bottled water pick-ups.

97.

From June 1, 2017, to July 1, 2017, State Parties may close up to 2

additional PODs as set forth in Paragraph 95. If more than 2 PODs have an average number of daily bottled water pick-ups of less than or equal to 20, State Parties may close only the 2 PODs with the lowest average numbers of such bottled water pick-ups.

98.

If the 90th percentile lead level of the tap water samples collected

pursuant to Paragraph 46 for the 6-month monitoring period beginning January 1, 2017, and ending on June 30, 2017, is below the Lead Action Level, State Parties may close the remaining PODs as set forth in Paragraph 95.d-f, but State Parties must maintain at least 2 PODs at their current hours until September 1, 2017. The PODs remaining open between July 1, 2017, and September 1, 2017, shall be the 2 PODs with the largest average number of daily bottled water pick-ups. State Parties shall have no obligation to operate any POD after September 1, 2017, if the 90th percentile of the tap water samples collected pursuant to Paragraph 46 for the 6-month monitoring period beginning January 1, 2017, and ending on June 30, 56

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2017, is below the Lead Action Level.

B.

2-1-1 Services

99.

Residents may request delivery of bottled water through the Michigan

2-1-1 helpline. State Parties shall deliver the amount of bottled water requested free of charge within 24 hours.

100. State Parties may require that a resident be present at a household to receive a bottled water delivery. The resident must be informed of this requirement by 2-1-1 staff when a delivery request is made.

101. If State Parties require that a resident be present at a household to receive bottled water deliveries, State Parties will make available the option to schedule an appointment for a delivery. Such appointments must be available on weekends and during at least two weekday evenings each week.

102. State Parties may send a CORE team to a household that requests bottled water delivery for the purpose of Filter Inspection and Education, as described in Paragraphs 77 and 82.

103. If the 90th percentile lead level of the samples collected pursuant to Paragraph 46 for the 6-month monitoring period beginning January 1, 2017 and ending on June 30, 2017, is below the Lead Action Level, State Parties may discontinue the services required under Paragraph 99. Otherwise State Parties must continue the services required under Paragraph 99 until the 90th percentile lead 57

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level collected pursuant to Paragraph 46 is below the Lead Action Level for a subsequent 6-month monitoring period.

C.

Access and Functional Needs List

104. State Parties shall maintain an “Access and Functional Needs” List of households with homebound residents that receive bottled water deliveries. State Parties shall continue to provide weekly deliveries of bottled water free of charge to households on the Access and Functional Needs List.

105. If Plaintiffs become aware of a resident who, because of access or functional needs, cannot travel to PODs or City Hall to pick up bottled water, filters, or filter cartridges, and seeks those resources, they shall inform State Parties of the resident’s name, address, and telephone number, if known to Plaintiffs.

Within 3 days of receiving the resident’s name, address, and telephone number pursuant to this Paragraph, State Parties shall (i) add that resident to the Access and Functional Needs List; (ii) call the resident to schedule a time for a CORE team to visit the household; and (iii) send a CORE team to the resident’s household at a time agreed upon by the CORE staff and the resident to conduct Filter Inspection and Education as described in Paragraphs 77 and 82, and to provide bottled water, filters, or filter replacement cartridges at the resident’s request.

106. State Parties may send a CORE team to a household on the Access and Functional Needs list when delivering bottled water to that household for the 58

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purpose of Filter Inspection and Education, as described in Paragraphs 77 and 82.

107. If the 90th percentile lead level of the samples collected pursuant to Paragraph 46 for the 6-month monitoring period beginning January 1, 2017, and ending on June 30, 2017, is below the Lead Action Level, State Parties may discontinue the services required under Paragraphs 104-105. Otherwise State Parties must continue the services required under Paragraphs 104-105 until the 90th percentile lead level collected pursuant to Paragraph 46 is below the Lead Action Level for a subsequent 6-month monitoring period.

108. Until one year after the Completion of Service Line Replacement, State Parties shall provide delivery of a sufficient number of Faucet Filter replacement cartridges to households on the Access and Functional Needs List to ensure those households have sufficient replacement cartridges for Faucet Filter maintenance.

VIII. Health Programs 109. State Parties shall operate and maintain funding at current levels for the programs listed below, until the dates listed below, subject to applicable federal laws, necessary approvals from the Centers for Medicare & Medicaid Services, and availability of necessary federal monies: a.

The Medicaid expansion for pregnant women and children under twenty-one years of age up to 400% of the federal 59

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poverty level (as defined by the U.S. Department of Health and Human Services), through March 2021; b.

Elevated Blood Lead Level Case Management services for children with elevated blood lead levels, through September 2018;

c.

Family Supports Coordination target case management services, through March 2021;

d.

The Michigan Child Collaborate Care expansion, through September 2018;

e.

The Child and Adolescent Health Center expansion, through September 2018;

f.

The Michigan Nurse Professional Fund, through September 2018;

g.

The Mobile Food Pantry expansion, through September 2018;

h.

The Double Up Food Bucks expansion, through September 2018; and

i.

The Summer Electronic Benefit Transfer for Children program expansion, through September 2018.

IX.

Release of Liability 110. This Agreement resolves and Plaintiffs hereby fully and finally 60

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release and discharge any and all of the claims that were alleged by Plaintiffs in their Complaint in the Case or that could have been resolved by Plaintiffs as of the Effective Date against Government Parties with respect to the Flint Water System’s compliance with the Lead and Copper Rule’s requirements as set forth in 40 C.F.R. §§ 141.80, .81, .82, .85, .86, .87, and .90. For purposes of this paragraph, the phrase “could have been resolved” means not only claims already litigated in the Case, but also every claim arising from the same transaction that the parties, exercising reasonable diligence, could have raised but did not.

111. This Agreement resolves and Plaintiffs hereby fully and finally release and discharge any and all of the claims against Government Parties that may arise until the Termination Date with respect to the Flint Water System’s compliance with the Lead and Copper Rule’s requirements as set forth in 40 C.F.R. §§ 141.80, .81, .82, .85, .86, .87, and .90, so long as the Water System continues to procure all of its drinking water from the Great Lakes Water Authority.

112. This Agreement resolves and Government Parties hereby fully and finally release and discharge any and all claims that they may have against Plaintiffs arising out of this litigation, including any claims they may now have or have in the future for attorney fees or costs relating to this Case.

113. Except as otherwise provided in this Agreement, Plaintiffs reserve all legal and equitable remedies available to enforce the provisions of this Agreement, 61

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and Government Parties reserve all legal and equitable defenses to such enforcement.

114. Plaintiffs do not release any claim or remedy arising under any law other than the Safe Drinking Water Act or any claim or remedy currently pending in any other civil case including but not limited to: Mays et al. v. Snyder et al., Case No. 15-cv-14002 (E.D. Mich. Nov. 13, 2015); Mays et al. v. City of Flint et al., Case No. 16-106112 (Genesee Cty. Cir. Ct. Jan. 19, 2016); Mays et al. v.

Snyder et al., Case No. 16-000017 (Mich. Ct. Cl. Jan. 15, 2016); and any other case against Government Parties in which one or more Plaintiffs may be determined to be a class member.

115. Plaintiffs and Government Parties do not waive or limit any claim, remedy, or defense, on any grounds, related to the Flint Water System’s compliance with the Lead and Copper Rule after the Termination Date. Nothing in this Agreement absolves Government Parties from any obligation to comply with the Safe Drinking Water Act and the regulations enacted thereunder.

116. For purposes of this Section IX (Release of Liability) and Section XVII (Signatories and Counterparts), the term “Plaintiffs” shall include each named plaintiff in the Case and each of their respective officers, directors, agents, representatives, attorneys, heirs, executors, and assigns.

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X.

Pg ID 7415

Reporting and Disclosures 117. One month and two months after the Effective Date, and then every

three months thereafter, Government Parties shall submit to Plaintiffs a status report documenting their implementation of this Agreement. The status reports shall include the following information, unless this Agreement expressly provides otherwise, including any underlying documentation or records: a.

CORE Program: i.

The total number of households for which CORE staff have verified a properly installed and working Faucet Filter;

ii.

The total number of households that have refused to allow a CORE team to install a Faucet Filter, including, for each such household, the number, dates, and times of attempted visits to the household, and a description of the response to each attempted visit;

iii.

The number of Initial Visits conducted during the Reporting Period;

iv.

The number of Follow-up Visits conducted during the Reporting Period;

v.

The number of residents who called the 2-1-1 helpline to make an appointment for a Visit from a CORE team during 63

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the Reporting Period, and the number of CORE team visits completed as scheduled appointments during the Reporting Period; vi.

The total number of CORE education specialists and management staff employed during the Reporting Period;

vii.

For each week during the Reporting Period, the average number of CORE education specialists dispersed daily Monday through Saturday;

viii.

In excel format, an export of the complete set of data collected through the CORE application (app), except for the names of residents and CORE employees, documenting the CORE team’s attempted Visits to households.

b.

Water Delivery: i.

The number of requests for bottled water delivery made each week through the Michigan 2-1-1 helpline during the Reporting Period;

ii.

The addresses of those residents who requested bottled water delivery through the Michigan 2-1-1 helpline during the Reporting Period;

iii.

The number of bottled water deliveries completed by State 64

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Parties during each week of the Reporting Period; iv.

The number of bottled water deliveries during the Reporting Period for which 2-1-1 failed to complete a delivery within 24 hours of receiving a request (excluding any deliveries for which an appointment was made for a later time);

v.

The number of households on the Access and Functional Needs list, including the number of households added to and removed from the Access and Functional Needs list during the Reporting Period; and

vi.

The addresses of those residents on the Access and Functional Needs list who received bottled water deliveries during the Reporting Period.

c.

Service Line Replacement: i.

The total number of households for which a service line has been replaced since the Effective Date;

ii.

The number of households for which excavation was conducted or a service line was replaced, as described in Paragraph 10, during the Reporting Period, and for each household: (1) the address; (2) the material(s) of the service line confirmed or discovered; (3) whether any portion of the 65

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service line was replaced; (4) if any portion of the service line was replaced, a description of which portion was replaced (i.e., both, public only, or private only); and (5) if any portion of the service line was replaced, whether proper installation of a Faucet Filter after replacement was verified; iii.

The number of households for which a service line replacement was refused, as described in Paragraph 15.b, during the Reporting Period, the addresses of those households, and the service line material(s) confirmed or discovered at those households; and

iv.

The total amount of monies reimbursed to or paid on behalf of the City pursuant to Paragraph 23 as of the last day of the Reporting Period in the following categories: (1) WIIN monies and related State Matching Funds and (2) monies other than in (1).

v.

A list of all requests for reimbursement or payment on behalf of the City under Paragraph 23 that have been denied in part or in full by the Michigan Department of Environmental Quality during the Reporting Period, including the amount requested, the amount denied, and the 66

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reason for each denial. vi.

Copies of any financial or performance auditing results obtained pursuant to Paragraph 25 or relating to the City’s use of the Allocated or Reserve Monies.

d.

Tap Water Monitoring: i.

The results of all tap water monitoring conducted at households served by the Flint Water System during the Reporting Period, including the address of each sampling site, the service line material at each sampling site (if known), and whether the sampling site otherwise is known to qualify as a Tier 1 sampling site under 40 C.F.R. § 141.86(a)(3).

e.

Other: i.

The results of any water quality parameter monitoring conducted for the Flint Water System during the Reporting Period;

ii.

Any formal communications Government Parties submitted to or received from EPA pursuant to the EPA Order during the Reporting Period.

118. Government Parties will also provide additional information, 67

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documents, or records related to implementation of this Agreement to Plaintiffs upon such reasonable and specific request, within 14 days of the request. This additional information may include, but is not limited to: a.

Copies of any notifications, announcements, or public advertisements related to the CORE program, service line replacement, or any requirement in this Agreement;

b.

Additional, non-confidential data collected by CORE staff during household visits;

c.

Addresses of any households added or removed from the Access and Functional Needs List during a Reporting Period, including the basis on which each household was added or removed; and

d.

Any non-privileged documents related to a specific formal communication Government Parties submitted to or received from EPA pursuant to the EPA Order during the Reporting Period.

119. The reporting and disclosures in this Section (Section X) are in addition to, and do not supplant, the other provisions in this Agreement requiring the disclosure of information among the Parties.

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XI.

Pg ID 7421

Notices 120. All notices, reports, disclosures, or other communications required by

this Agreement shall reference the title, caption, and case number of this Case, and shall be sent via certified U.S. Mail, overnight express delivery service, or electronic means to the recipients and addresses below. a.

For Plaintiffs: Natural Resources Defense Council ATTN: Dimple Chaudhary 1152 15th St. NW, Suite 300 Washington, DC 20005 dchaudhary@nrdc.org Natural Resources Defense Council ATTN: Sarah Tallman 20 N. Wacker Drive, Suite 1600 Chicago, IL 60606 stallman@nrdc.org American Civil Liberties Union Fund of Michigan ATTN: Michael Steinberg 2966 Woodward Avenue Detroit, MI 48201 msteinberg@aclumich.org

b.

For State Parties: Michigan Department of Attorney General ATTN: Richard S. Kuhl 525 W. Ottawa Street P.O. Box 30755 Lansing, MI 48909 kuhlr@michigan.gov

69

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Pg ID 7422

Michigan Department of Environmental Quality ATTN: George Krisztian 525 West Allegan Street P.O. Box 30473 Lansing, MI 48909-7973 c.

For City Defendants: City of Flint ATTN: City Administrator Sylvester Jones 1st Floor, City Hall 1101 S. Saginaw Street Flint, MI 48502 City of Flint Department of Law ATTN: William Y. Kim 1101 S. Saginaw St. Flint, MI 48502 wkim@cityofflint.com

121. Any Party may change its designated recipient(s) and/or address(es) by providing written notice of such change to all other Parties.

122. Unless otherwise provided by this Agreement, any notices, reports, disclosures, or other communications required by this Agreement shall be deemed submitted upon deposit with an overnight express delivery service, e-mailing, or mailing.

XII. Attorney Fees and Costs 123. Within 60 days of the Effective Date, State Parties will pay Plaintiffs eight hundred ninety five thousand dollars ($895,000) in litigation costs (including attorneys’ fees and expert costs), in accord with instructions provided by Plaintiffs’ 70

2:16-cv-10277-DML-SDD Doc # 147-1 Filed 03/27/17 Pg 75 of 92

Pg ID 7423

counsel.

124. This payment shall fully and finally release, discharge, and satisfy any claim by Plaintiffs to litigation costs (including attorneys’ fees and expert costs) incurred in this Case and incurred in enforcing this Agreement through the Termination Date.

XIII. Dispute Resolution and Judicial Enforcement 125. This Agreement provides for dispute resolution, which is the sole and exclusive mechanism to resolve disputes and disagreements arising under this Agreement, except where specifically stated otherwise. Except as provided for in this Agreement, the Parties may not otherwise petition the Court for relief for violations of this Agreement, or bring a new action for breach of this Agreement.

126. The Parties stipulate that the Court has jurisdiction to enforce the terms of this Agreement.

127. The Parties will make all reasonable efforts to resolve disputes and disagreements regarding the meaning of, compliance with, and/or implementation of this Agreement informally and in good faith prior to seeking any relief from the Court.

128. If a Party has a dispute concerning the meaning of, compliance with, and/or implementation of this Agreement, that Party will send written notice to all other Parties specifying the nature of the dispute.

71

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Pg ID 7424

129. Within 14 days of the date of the transmission of written notice under Paragraph 128, the Parties will meet and confer in a good faith attempt to resolve the dispute without soliciting the Court’s involvement. As part of the meet and confer, the Parties will comply with reasonable requests from another Party or Parties for information and documents related to the dispute, and will, upon request by another Party or Parties, provide reasonable access to client representatives with knowledge related to the dispute.

130. If the Parties are unable to resolve any dispute or disagreement pursuant to Paragraphs 125-129, any Party or Parties may file a motion with the Court to enforce this Agreement. Any Party that intends to file a motion to enforce the Agreement must provide all other Parties with written notice of such intent at least 7 days prior to filing any such motion.

XIV. Force Majeure 131. A Party’s obligation to comply with one or more provisions of this Agreement will be deferred for the duration of a delay in compliance caused by force majeure or impossibility. For purposes of this Agreement, “force majeure” includes any war, fire, earthquake, flood, or other natural disaster, any restraint by court order, or public authority, or any labor strike, work stoppage, contractor delay, or lack of availability of services that could not have been reasonably foreseen and prevented by the Party’s exercise of due diligence. “Impossibility” 72

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Pg ID 7425

means an event or circumstances beyond the Party’s reasonable control that precludes timely compliance with one or more provisions of the Agreement and that could not have been reasonably foreseen and prevented by the Party’s exercise of due diligence. “Due diligence” includes anticipating and/or addressing the effects of any force majeure or impossibility to prevent or minimize any resulting delay or non-compliance.

132. Any delay in compliance caused by a Party’s failure to make all reasonable efforts to comply with the terms of this Agreement will not be considered to be circumstances beyond that Party’s control.

133. Any delay in a Party’s compliance with a specific provision of this Agreement due to force majeure or impossibility will not excuse or delay compliance with any other terms of this Agreement that are unaffected by the force majeure or impossibility.

134. A Party that seeks to claim force majeure or impossibility (a “Claiming Party”) will provide written notice to all other Parties (“Notified Parties”) within 14 days of the date that the Claiming Party first knew, or by the exercise of due diligence should have known, that an event or circumstance caused or will cause a delay in compliance with this Agreement. For purposes of the obligations under Paragraphs 19-20 only, the City must provide such written notice within 45 days. The notice will describe the reason for the anticipated non73

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Pg ID 7426

compliance and specifically refer to this Section of the Agreement. The notice will also describe, to the extent known, the anticipated length of time the delay is expected to persist, the cause or causes of the delay, the measures taken or to be taken by the Claiming Party to prevent or minimize delay, the schedule by which those measures will be implemented, and the anticipated date of compliance.

135. Each Notified Party will provide written notice to all Parties of its position regarding the Claiming Party’s assertion of force majeure or impossibility within 14 days of receipt of written notice under Paragraph 134.

136. If the Notified Parties agree that any delay or impediment to performance has been or will be caused by force majeure, the Parties will agree in writing to a reasonable modification of all requirements affected by the force majeure or impossibility.

137. If any Notified Party disagrees with any notice served by a Claiming Party under Paragraph 134 or the explanation of force majeure or impossibility therein, or if the Parties cannot agree on new terms for compliance, any Party may invoke the dispute resolution procedures described in Section XIII. XV. Modification 138. The Parties may, subject to Court approval, modify the terms of this Agreement by written agreement. The Parties shall file a joint stipulation and notice to the Court for any such modification. Upon the reasonable request of any 74

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Pg ID 7427

Party, the Parties will jointly request expedited consideration of such joint stipulation and notice from the Court. No modification of this Agreement may be made absent joint stipulation of all the Parties and a Court order.

XVI. Dismissal and Waiver of Appeal 139. The Parties agree that the Court has jurisdiction over this Case pursuant to 42 U.S.C. § 300j-8 and 28 U.S.C. § 1331. The Parties will submit a stipulation of dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), in the form attached as Exhibit J. The Parties’ stipulation is contingent on the Court’s entry of an order first incorporating the terms of this Agreement and retaining jurisdiction to enforce the terms of this Agreement until the Termination Date. If the Court declines to incorporate the terms of this Agreement or retain such jurisdiction, this Agreement is not effective and any stipulation of dismissal is null and void.

140. All Parties to this Agreement consent to enforcement of this Agreement in the Court and under the terms set forth in the Agreement. All Parties waive any jurisdictional challenges to the Court’s exercise of jurisdiction to enforce the Agreement. Notwithstanding this paragraph, State Parties only waive any applicable Eleventh Amendment immunity to the extent necessary to enforce this Agreement.

141. All Parties agree that the Court’s incorporation of this Agreement into 75

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Pg ID 7428

an order dismissing this Case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) shall supersede the relief ordered in the Court’s preliminary injunction order of November 10, 2016, ECF No. 96, and supersede all relief previously ordered in this Case.

142. No appeal shall be taken from the Court’s incorporation of this Agreement into an order dismissing this Case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). This provision does not preclude any Party from appealing a subsequent order of the Court.

143. Within 3 business days of the Effective Date, State Defendants will file a motion pursuant to Federal Rule of Appellate Procedure 42(b) to dismiss their appeal currently pending before the U.S. Court of Appeals for the Sixth Circuit, Case No. 16-2628. Plaintiffs and City Defendants agree not to oppose that motion.

XVII. Signatories and Counterparts 144. Each signatory to this Agreement certifies that he or she is fully authorized to enter into this Agreement, to agree to its terms and conditions, and to execute and legally bind the Party he or she represents.

145. This Agreement may be executed in counterparts.

XVIII.

Integration Clause

146. This Agreement constitutes the final, complete, and exhaustive 76

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Pg ID 7429

agreement and understanding between the Parties, and supersedes all prior agreements and understandings, whether oral or written, with respect to this Case.

No other document, nor any representation, agreement, understanding, or promise is part of this Agreement, nor may such be used in construing the terms of this Agreement.

147. This Agreement was jointly drafted by the Parties. The Parties accordingly agree that any and all rules of construction to the effect that ambiguity is construed against the drafting party shall be inapplicable in any dispute concerning the terms, meaning, or interpretation of this Agreement.

[signature pages to follow]

77

2:16-cv-10277-DML-SDD Doc # 147-1 Filed 03/27/17 Pg 82 of 92

For Plaint~fft: Date:~3~gyc~ 2o(~

________________

Pastor Allen C. Overton Concerned Pastors for Social Action 2200 Forrest Hill Flint, MI 48504 Plaint(ffRepresentative

Date:

3~3 I7

____________________

Pastor /lfred t. Harris Concerned Pastors for Social Action 2200 Forrest Hill Flint, MI 48504 Plaint ~ff Representative

Date:

_______________

______________________________ Melissa Mays 3714 Beecher Road Flint, MI 48503 Plain4ff

Date:

_________________________________ Rhea Suh President Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 (202) 289-2415 Plain 4ff Representative

78

Pg ID 7430

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Pg ID 7431

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Pg ID 7432

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Pg ID 7433

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Pg ID 7434

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Pg ID 7435

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Pg ID 7436

2:16-cv-10277-DML-SDD Doc # 147-1 Filed 03/27/17 Pg 89 of 92

Pg ID 7437

2:16-cv-10277-DML-SDD Doc # 147-1 Filed 03/27/17 Pg 90 of 92

Pg ID 7438

For City Defendants: Date:

~.

-

4~..A..

.~

Dr Karen W. Weaver ayor of City of Flint 1101 South Saginaw Street Flint, MI 48502 Defendant Representativefor City ofFlint

Date: Sylvester Jones City Administrator for the City of Flint 1101 S. Saginaw Street Flint, MI 48502 Defendant and Defendant Representativefor City ofFlint

Approved as to fonn:

Date: A~ela Whe er Chief Legal Officer City of Flint Department of Law 1101 S. Saginaw Street, 3rd Floor Flint, MI 48502 (810) 766-7146 awheeler~cityofflint. corn Counselfor City Defendants

82

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Pg ID 7440

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 1 of 211

Pg ID 7441

INDEX OF EXHIBITS Exhibit

Description

A

U.S. EPA, Emergency Administrative Order, In re: City of Flint, Michigan; Michigan Department of Environmental Quality; and the State of Michigan (Jan. 21, 2016)

B

U.S. EPA, Emergency Administrative Order, In re: City of Flint, Michigan; Michigan Department of Environmental Quality; and the State of Michigan (amended Nov. 17, 2016)

C

Michigan Department of Environmental Quality, Residential Request for Water Analysis Form and Instructions

D

City of Flint, Department of Purchases & Supplies, Proposal No. 17-560, 2017 Replacement of Water Service Lines (Zones 1-10) (Jan. 12, 2017)

E

City of Flint, Department of Purchases & Supplies, Proposal No. 17-564, 2017 Replacement of Water Service Lines (Zones 1-9) (Feb. 16, 2017)

F

Memo. from Peter C. Grevatt, Director, Office of Ground Water & Drinking Water, U.S. EPA, to Water Div. Directors, Regions I–X, U.S. EPA re: Clarification of Recommended Tap Sampling Procedures for Purposes of the Lead and Copper Rule (Feb. 29, 2016)

G

Door Hanger to be distributed by Community Outreach Resident and Education (CORE) program staff

H

Fact Sheet, U.S. EPA, Properly Used Filters Protect Flint Residents from Lead in Water (Aug. 1, 2016)

I

Fact Sheet, Flintcares.com, Water Smarts: Using Filtered Water and Filter Facts

J

Stipulation approved as to form by Parties

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 2 of 211

Pg ID 7442

EXHIBIT A to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 3 of 211

Pg ID 7443

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 4 of 211

Pg ID 7444

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 5 of 211

Pg ID 7445

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 6 of 211

Pg ID 7446

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 7 of 211

Pg ID 7447

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 8 of 211

Pg ID 7448

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 9 of 211

Pg ID 7449

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 10 of 211

Pg ID 7450

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 11 of 211

Pg ID 7451

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 12 of 211

Pg ID 7452

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 13 of 211

Pg ID 7453

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 14 of 211

Pg ID 7454

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 15 of 211

Pg ID 7455

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Pg ID 7456

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Pg ID 7457

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Pg ID 7458

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Pg ID 7459

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Pg ID 7460

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 21 of 211

Pg ID 7461

EXHIBIT B to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

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Pg ID 7462

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 23 of 211

Pg ID 7463

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 24 of 211

Pg ID 7464

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 25 of 211

Pg ID 7465

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Pg ID 7466

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 27 of 211

Pg ID 7467

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 28 of 211

Pg ID 7468

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 29 of 211

Pg ID 7469

EXHIBIT C to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 30 of 211

5(6,'(17,$/ REQUEST FOR WATER ANALYSIS

Pg ID 7470

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 31 of 211

Pg ID 7471

READ THIS BEFORE OPENING YOUR SAMPLE BOTTLES • • • • •

Do not use any water in your house for at least six hours before you take a sample.

The best times to sample are early in the morning or after you return home from work.

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 32 of 211

Pg ID 7472

EXHIBIT D to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 33 of 211

Pg ID 7473

aNt4

CITY OF FLINT Department of Purchases & Supplies Dr. Karen Weaver Mayor

Derrick F. Jones Purchasing Manager

INVITATION TO BID OWNER: THE CITY OF FLINT DEPARTMENT OF PURCHASES AND SUPPLIES 1101 S. SAGINAW ST., Room 203 FLINT, MI 48502 Proposal No. 17-560 SCOPE OF WORK: The City of Flint, Department of Purchases & Supplies, is soliciting sealed proposals for providing:

2017 REPLACEMENT OF WATER SERVICE LINES (ZONES 1-10) per the attached requirements.

If your firm is interested in providing the requested services, please submit 1 original, I copy, and I unbound copy of your detailed proposal to the City of Flint, Department of Purchases and Supplies, 1101 S. Saginaw St., Room 203, Flint, Ml, 48502, by Thursday. February 2.2017 @ 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.

A mandatory pre-proposal meeting will be held on Monday, January 23, 2017 @10:00 AM (EST) at City Hall, 1101 S. Saginaw St., Flint, Ml 48502 in City Council Chambers. This will be the only venue that potential vendors will be able to have a face-to-face conversation with both the Purchasing Department and Fast Start Team. This venue will also allow vendors to ask any questions concerning this project.

A bid guaranty or a cashier’s check for $75,000 for each zone bid ($750,000 maximum), must be submitted with the bid. Please note: cashier’ check must be payable to Treasurer, City of Flint.

All additional bid documents, requirements, addendums, specifications and plansldrawings (if utilized) are ayailable on the Purchasing page of the City of Flint’s web site at www.citvofflint.comlpurchasing under “open bids” and the specific bid or proposal number assigned to this notice.

ctr~ HALL

1101 5. SAGINAW STREET, RM 203

FLINT, MIcI-UGAN 48502

TEL: 810-766-7340

FAX: 810-766-7240

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 34 of 211

Pg ID 7474

INSTRUCTIONS TO VENDORS 1)

PRE-BID INFORMATION AND QUESTIONS: Each proposal that is 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.

2)

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.

3)

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 203, 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) d)

e) f) g)

h)

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.

Submission of a proposal 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.

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.

Proposals sent by email, facsimile or other electronic means will not be considered unless specifically authorized in this RFP. 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.

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.

-

2

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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 REP. 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 right 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 Responsiv.e and Responsible Bidder.

10) CONTRACT AWARDISPLIT AWARDS; This contract will be awarded to the lowest responsive, responsible Bidder for each of ten (10) zones based on the criteria set in #44 below. A bidder may be awarded zero, one, multiple, or all zones. Therefore, award will be made to between zero and ten different vendors. 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 for that zone 11) NO RFP RESPONSE: Bidders who receive this RFP but who do not submit a bid should return this REP 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 all bidder lists.

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12) FREEDOM OF INFORMATION ACT REQUIREMENTS: Proposals are subject to public disclosure after the deadline for submission in accordance with state law.

13) ARBITRATION; ContractorNendor 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 twenty (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 ContractorNendor.

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

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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 % %), the County vendor may have a competitive advantage. City of Flint Business is defined as a sole proprietorship, partnership, limited partnership, limited liability company, or corporation whose primary place of business is located within the corporate limits of Flint, Michigan.

Business must have made a personal property tax filing with a city or township treasurer within Genesee County within the last 12 months, or who has paid a real property tax assessment to a city or township treasurer within the City within the last 12 months.

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 experimental or unproven equipment may be disregarded.

22) MODIFICATIONS!CHANGESIPRICE 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.

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25) SUBCONTRACTING: No subcontract work shall be started prior to the written approval of the subcontractor by the City. A list of possible subcontractors shall be submitted with the bid.

The City reserves the right to accept or reject any subcontractor.

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 state and federal requirements and pay wages and fringe benefits as governed under the Davis Bacon Act. 29) 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: 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 material breach of this contract.

31) CONTRACTIPROCUREMENT 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 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, 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.

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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 others working on behalf 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 contracto? 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) NON-DISCLOSUREICONFIDENTIALITY: 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 tribunal 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 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. The invalidation of one or more terms of this contract shall not affect the validity of the remaining terms.

42) TERMINATION: In the event of a failure by Contractor to perform any material provision of this Contract, the City or DEQ shall give written notice of such breach to the Contractor. The City may allow up to five (5) days (the “cure period”) to correct such a breach. City may terminate this Contract after such cure period if Contractor has not adequately corrected such breach in accordance with this Contract and City so notifies Contractor in writing of such termination

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action. At such time, City shall pay Contractor only all charges and fees for the services performed on or before such termination date. Thereafter, in the event such termination, City, as its sole and exclusive remedy may exercise its rights under Contractor’s performance bond, and procure the services of another contractor to complete the work covered under this contract. If a cure period is allowed, it will not negate any liquidated damage charges resulting from the contractor failing to meet the completion date.

In the event of a failure by City to perform any material provision of this Contract, the Contractor shall give written notice of such breach to the City along with at least five (5) days (the “cure period”) to correct such breach. Contractor may terminate this Contract after such cure period if City has not adequately corrected such breach in accordance with this Contract and Contractor so notifies City in writing of such termination action. At such time, City shall pay Contractor for all charges and fees for the services performed on or before such termination date. Thereafter, following any such termination and the final payment from the City to the Contractor, neither party shall have any further obligation under this Contract other than for claims for personal injuries or property damage as expressly provided in these terms and arising prior to such termination date.

In the event a Court of competent iurisdiction enters an order holding that this Contract is invalid, illegal, or unenforceable, then either party may terminate the Contract. At such time, City shall pay Contractor for all charges and fees for the services performed on or before such termination date. Thereafter, following any such termination and the final payment from the City to the Contractor, neither party shall have any further obligation under this Contract other than for claims for personal injuries or property damage as expressly provided in these terms and arising prior to such termination date.

43) TIME PERFORMANCE: Contractor’s services shall commence after receipt of the notice to proceed and shall be carried out per the specifications of this document.

44) EVALUATION OF BIDS: In the City’s evaluation of proposals, at minimum; firm’s written proposal, the qualifications of the firm, the overall fee structure, feedback from references, and all requirements set forth in this document shall be considered as selection and award criteria unless otherwise as specified. The City reserves the right to enter into negotiations with the selected vendor for further clarification, even though these negotiations may result in minor changes to specifications and pricing.

45) FURNISHING OF BONDS: Contractor shall fumish to the City at his or her own cost, performance and payment bonds in the amount of the contract price insuring that it shall fulfill all of the provisions of the contract documents, shall satisfactorily complete the Work, and shall make prompt payment to all persons ftirnishing material or labor required in prosecution of the Work as required by law. Bonds must be issued by a surety company. Contractors bonds shall be accompanied by powers of attorney authorizing execution of behalf of the surety and Contractor, and must be countersigned by a duly authorized Michigan agent of the surety.

Selected Contractors will have the option of bonding the full amount of their award or a partial segment (zone) of their award. If Contractors elects to segment their bonding, Contractor must obtain approvals for the previous bonded work and initiate a new bond for the next segment (or zone). This process will be repeated until contract is complete. Refer to section entitled “Scope of Work” #4 for additional information. The performance and payment bond contract price shall be established as $ (Zone Price Bid for %) x 60 x (it of locations —14 or all of zone).

46) AMERICAN IRON AND STEEL (AIS) REQUIREMENTS: The Contractor acknowledges to and for the benefit of the city of Flint C’Purchaser”) and the Michigan Department of Environmental Quality (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the State Revolving Fund and/or the Drinking Water Revolving Fund and such law contains provisions commonly known as “American Iron and Steel (AIS);” that requires all iron and steel products used in the project be produced in the United States (“AIS Requirements”) including iron and steel provided by the Contractor pursuant to this Agreement. The Contractor

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hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the AIS Requirements, (b) all iron and steel used in the project will be and/or have been produced in the United States in a manner that complies with the AIS Requirements, unless a waiver of the requirements is approved or the State made the determination in writing that the AIS Requirements do not apply to the project, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the AlS requirements, as may be requested by the Purchaser. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State.

47) INSURANCE REQUIREMENTS: The Contractor shall notify all insurance agents and companies retained by the Contractor that these insurance requirements shall be included in any Agreement between the Contractor and the City of Flint. The Contractor shall purchase and maintain, at its sole expense and as long as it is providing services to the City, the following insurance coverage: Commercial General Liability Occurrence form, including coverage for bodily injury, personal injury, property damage (broad form), premises/operations, blanket contractual, and products/completed operations. Coverage shall be endorsed to include the City as an additional insured for work performed by the Contractor in accordance with the Agreement.

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Minimum Limits: •

$1,000,000 per occurrence/$2,000,000 general aggregate

•

$2,000,000 aggregate for products and completed operations

•

$1,000,000 personal, and advertising injury

Automobile Michigan “no-fault” coverage, and residual automobile liability, comprehensive form, covering owned, hired, and non-owned automobiles. Coverage shall be endorsed to include the City as an additional insured for work performed by the Contractor in accordance with the Agreement.

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Minimum Limits: •

No-fault coverages

•

$500,000 per person/Si 000,000 per accident

•

$500,000 per occurrence

•

A combined single limit of $1,000,000 per occurrence

—

statutory

—

—

bodily injury

property damage

Workers’ Compensation and Employer’s Liability— Statutory coverage or proof acceptable to the City of approval as a self-insurer by the State of Michigan.

Minimum Limits: •

Workers’ Compensation

•

Employer’s Liability -$100,000 each accident/$i 00,000 disease

—

statutory —

each employee

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•

$500000 disease

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Pg ID 7482

pohcy limit

Professional Liability Covering acts, errors or omissions of a professional nature committed or alleged to have been committed by the Contractor or any of its subcontractors. Coverage shall be effective upon the date of the Agreement and shall remain effective for a period of three (3) years after the date of final payment thereunder Such coverage shall be endorsed to include any subcontractors hired by the Contractor.

—

Minimum Limits: •

$1,000,000 per occurrence, $1,000,000 annual aggregate

Insurance coverage shall cover all claims against the City of Flint, its officials and employees, arising out of the work performed by the Contractor or any subcontractors under the Agreement. Should any work be subcontracted, it shall be the responsibility of the Contractor to maintain Independent Contractor’s Protective Liability Insurance with limits equal to those specified above for Commercial General Liability Insurance. In addition, the Contractor shall provide proof of Workers’ Compensation Insurance for all subcontractors in compliance with the required statutory limits of the State of Michigan.

Said policies of insurance shall be with companies licensed to do business in the State of Michigan and in a form satisfactory to the City. All insurance companies must maintain a rating of B+, VIII or better from AM. Best Company. Certificates of insurance with a thirty-(30) day cancellation clause shall be filed with and approved by the City at least five (5) days in advance of commencing work under the Agreement. Cancellation, material restriction, non-renewal or lapse of any of the required policies shall be grounds for immediate termination of the Agreement by the City.

The City reserves the right to request a complete certified copy of the policies for the above coverage’s.

Any reduction or exhaustion in the limits of required insurance coverage shall not be deemed to limit the indemnification afforded in accordance with the Agreement or any amendments thereto.

Depending on the subject matter of the transaction, the City may require other insurance coverage in addition to the coverage’s contained herein.

Proposal Submission Release date:

Thursday, January 12, 2017 by 5:00 PM (EST)

Proposal Due Date:

Thursday, February 2~, 2017 by 3:00 PM (EST)

Submit to City:

1 printed, signed, original proposal and signed addenda, 1 copy of all submitted documents 1 unbound copy of proposal.

Send to: City of Flint Department of Purchases & Supplies 1101 5. Saginaw St., Rm. 203 Flint, Michigan 48502 Important Notice: Effective immediately upon release of this request for proposal (RFP), and until notice of contract award, all official communications from proposers regarding the requirements of this RFP shall be directed to:

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Derrick F. Jones

810 766-7340

Pg ID 7483

djones@cityofflint.com

The City, or designee, shall distribute all official changes, modifications, responses to questions or notices relating to the requirements of this RFP. An addenda to this REP may be developed and shared with all Vendors. Any other information of any kind from any other source shall not be considered official, and proposers relying on other information do so at their own risk.

Anticipated Timeline Overview Listed below are specific and estimated dates and times of actions related to this request for proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed. In the event that it is necessary to change any of the specific dates and times in the calendar of events listed below, an addendum to this RFP will be issued.

Milestone REP issuance and release REP posted to City’s website Submission of questions concerning RFP tom potential vendors Place Ad in Newspaper, periodicals Mandatory Pre-bid meeting Einal Deadline to submit questions concerning proposal or information iiscussed during the pre-bid meeting.

rimeframe rhursday, January 12, 2017 after 3:00 PM Thursday, January 12, 2017 after 5:00 PM Friday, January 20, 2017 before 5:00 PM

Cityto issue an addendum to respond to any questions received and any outstanding issues.

Proposal Due Date Review of proposals Submit selected vendor(s) to City Council br review If approved by City Council, selected ,endors will be presented to RTAB for

No later than Eriday, January 27, 2017

~d will run on Sunday, January 15, 2017 Monday, January 23, 2017 ~ 10:00 AM ruesday, January 24, 2017 by 5:00 PM

rhursday, February 2, 2017 before 3:00 PM (EST) February 2-9, 2017 rhursday, February 16, 2017 (Committee Meeting), Monday, February 27, 2017 (Council Meeting) March 8, 2017

eview

Any written questions regarding this project shall be directed to Derrick Jones @ diones(a~citvofflint.com using the subject title of “REP 17-560 Question.” Questions may be submitted before Wednesday, January 18, 2017 before 5:00 PM (EST), and responses will be addressed at the Pre-bid meeting that will take place on Monday, January 23, 2017. Any questions that cannot be answered during the pre-bid meeting, will be addressed in the addendum that will be issued no later than Friday, January 27, 2017.

-

Derrick F. Jones, Purchasing Manager Department of Purchases & Supplies

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INTRODUCTION Information about the City of Flint The City of Flint (the City, or COF), incorporated in 1855, is located in the eastern part of the State of Michigan. The City currently occupies a land area of 32.8 square miles and serves a population of 111,475 (2010 Census Estimate). The City is empowered to levy a property tax on both real and personal properties located within its boundaries, as well as a 1% income tax for those who live within the City limits, or .5% for those who only work within the City limits.

The City does not collect a fee from its residents; however, a three percent (3%) millage is assessed on properties within the City’s boundaries.

The City has operated under the strong mayor- Council form of government since November 4, 1975, when the present charter was adopted. Legislative authority is vested in a City Council consisting of nine members elected for a four-year term (no term limits), from each of the nine wards in the City. The City Council is responsible for passing ordinances, adopting the annual budget, approving resolutions, appointing committees, and other responsibilities as outlined in the City’s Code of Ordinances. The Mayor is an elected official who serves as the chief executive officer of the City for a four-year term, in which he/she may be re-elected for additional terms. The Mayor may appoint a City Administrator to handle the day-to-dayoperations for the municipality. On November 29, 2011, the governor of Michigan appointed an emergency manager, pursuant to Public Act 4 of 2011, to handle all of the day-to-day operations for the City. Considerable progress was made in reducing the deficit, whereas by June 30, 2015 a positive fund balance was realized. As a result of many financial achievements of the City, Governor Snyder has declared that the City’s financial emergency has been resolved. With oversight from a receivership transition advisory board (RTAB), City operations have returned have been partially returned to the Mayor and Charter-designated leaders.

Water Line Replacement Proiect An analysis of service lines has been performed for the City and it has been determined that there is a need to replace said service lines in different areas of the City. The focus of the replacement will be in neighborhoods with the greatest density of lead and galvanized service lines. Replacement of these service lines has been determined to be the best remedy in restoring the integrity of the drinking water system.

It is most recently estimated that there could be as many as 29,100 non-copper (partial or full) water service lines in the City of Flint. Approximately 22,500 of these could be to occupied parcels. This data will be continuously updated for later phases of service line replacement.

The City has received funding from the State and Federal Government for this project. Please note that contractors will have to comply with state and federal terms and conditions that are included in this proposal as articulated in Exhibit E. Contractors must review, comply, complete, and submit the appropriate documents that are included in this exhibit.

This RFP is for the fourth phase of service line removal which will include the removal and replacement of lead and galvanized service lines to as many homes as possible, with the goal to replace as many lead and galvanized lines as possible prior to the end of 2017. The City has designated the areas for service line replacement based upon a combination of the criteria discussed above as well as census data and water sample results.

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Pg ID 7485

The City will continue to validate the accuracy of the City Water Department records on the composition of the residential service lines as well as gain further needed knowledge on the depth of the lines, soil composition, age of homes most likely to have a lead service line, the methods used for original line installation, the effects of the corrosivity on service lines, and to better assess the method and costs of service line replacement. Thus, successful bidders will be required to cooperate in data collection on all replacement locations.

Scope of Work Requested Services The City is seeking a General Contractor, or the like, that has at least five (5) years’ worth of experience in replacing service lines in order to perform the replacement of service lines to various residential homes/buildings located within the City of Flint. The selected vendor will have a designated individual who will perform as a “project manager,” or like, in which the City will provide direction and receive timely updates as to vendor’s progress on this project. This project work shall consist of replacing service lines by excavating streets and/or yard areas, removing existing lines, installing copper water service lines, extending service lines into the interior of houses, patching pipe penetration, and temporary restoration. Vendors should be capable of installing water service lines using trenchless technology and equipment. Vendors may submit proposals that utilizes a different methodology as described in this RFP, however, said methodology will have to be approved by the City and the vendor will have to articulate the full process in which they will install service lines within their proposal. If vendors are awarded a contract and are seeking to expand their workforce to accommodate the contract, the City encourages hiring and training (i.e. an apprentice program) residents that reside within the City’s corporate limits in order to fulfill the vendor’s requirements. .

1. Requirement All project installation work shall be completed in conformance with the general conditions and construction specifications established by the City of Flint, Michigan Department of Transportation (MDOT) and any other provisions established herein.

2. Utilities The selected Contractor shall be responsible for obtaining utility locations from the MISS DIG System. Contractor shall be responsible for conducting an evaluation to assess the nature, depth and location of all sewer mains and laterals. If the contractor uses an installation method that requires the exposing of utilities, the contractor shall solely be responsible for the cost of the excavation, hand digging, and backfilling regardless of the location of the utility. If the utility is located in a paved area, the contractor shall backfill to grade according to City of Flint standards (included). The City, or a designated contractor, will complete the paving work.

3. Subcontractors The Contractor shall submit a list of all subcontractors that may be used on the project to assist with project work. The City will certify that they have checked SAM.gov to ensure no contractors are on the federal debarment/suspension list. All subcontractors must be approved by the City, and the City reserves the right to accept or reject any subcontractor.

4. Contract Time The Contractor shall begin work immediately after receiving the notice to proceed from the City. Along with the notice to proceed, the City will provide a list of approximately half of the zone’s total locations. The contractor shall complete all line replacements of said locations at an average pace of 4.5 locations per work day. If a contractor is awarded multiple zones, a timeline shall be maintained separately for each zone, beginning with the notice to proceed for that zone, and a pace of 4.5 locations per work day shall be performed for each zone. Work day shall be considered Monday Friday excluding all City of Flint holidays.

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Pg ID 7486

Construction work will not be allowed on Saturday or Sunday without approval from the COF Water Services Dept, Streets Dept, and BSl Department (if a plumbing permit was necessary). Any cost incurred for overtime utilized to stay on schedule will be at the contractor’s expense.

Locations may be removed by the City of Flint if new information deems replacement at those addresses impossible or unnecessary. The contractor will be notified by the City as soon as that information is available. The City may offer replacement addresses in the same vicinity.

The City may also add locations if new information deems a replacement is necessary.

Once the first half of a zone has been completed, the contractor may continue with the second half if a full performance bond has been posted (See “Instructions to Vendors Item #45). If the contractor has only posted a performance bond for half of the zone work, the contractor must obtain all required approvals for the completed work, and initiate a new bond for the second half prior to commencing work on the next half. A second notice to proceed will be issued, after receipt of the new bond, for the second half of the zone. All requirements stated above regarding the first half shall apply to the second half.

Liquidated Damages Liquidated damages will be assessed for failure to meet the above schedule. Liquidated damages of $1,550 will be assessed per work day (Monday-Friday) after the contract completion work days (as calculated by the number of locations divided by 4.5) has expired. Liquidated damages will be assessed upon completion of each half of the total zone addresses. Each half zone will be considered separately.

Time extensions will only be granted for delays not caused by the Contractor or the Contractor’s methods. Time extensions shall also not include standard construction delays such as utility issues, problems locating facilities, lack of coordination with residents due to the contractor, or a delay of up to an hour for City Inspection. The contractor shall maintain a log of all other delays and shall submit the list by email no later than 72 hours after the end of each work week. Upon verification and approval by the City, the time will be added as a work day extension in increments of 1/8 day. Delay shall also be divided by the total, number of crews working in each zone.

Resident CommunicationlPermission The City will provide a general communication piece for the residents as it relates to what the project entails, along with a copy of a consent agreement that will be executed by the home owner. Vendor will have to communicate with awarded neighborhoods and residents to provide this information and to obtain the required signatures. Vendor is to inform residents of the work that will be performed along with a time frame in which a resident’s home will undergo construction.

The vendor will allow adequate time to provide the property owner and/or resident five (5) calendar days advance notice of the day work is to occur on their property.

Notification of water shutoff shall also be provided to the resident on the morning of the day work is to be performed. Information disseminated to residents must reflect any instructions that will have to be performed by the homeowner (resident) during and after the construction.

Coordination of Work with City Representatives Contractor will be responsible for notifying designated individuals at the City of Flint Streets, Water Services and BSl departments, as well as the designated City project manager. The Water Services Dept intends on installing new water meters at the time of replacement. This labor will be performed by City crews.

Suspension of Operations The City or DEQ can suspend operation of work without cost to the City/DEQ if the Contractor has failed to correct unsafe conditions, failed to carry out provisions of the contract, conditions deemed to be in the public interest, when —

5.

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Pg ID 7487

City has determined that additional excavations in needed prior to installation of service lines, and when quality or quantity of work being performed is not in adherence to the project specifications or schedule.

9. Permits Vendor will be responsible to obtain any required permits prior to commencing work including the excavation permit, street cut permit, water services permit and the plumbing permit (if needed any movement of the meter or an alteration/extension beyond the meter will require a plumbing permit). NO PERMIT FEES WILL BE CHARGED TO THE CONTRACTOR for required work on this contract.

A certificate of approval from the Water Services Dept will be required prior to payment for any location. Approvals from the Streets Dept and any Plumbing Permits will be required prior to retainer release.

10. Contract Work Schedule and Project Coordination Vendor shall be responsible for coordinating and scheduling all project work to avoid conflicts with other construction activities occurring in and near project areas. The contractor will also be required to coordinate with government or university representatives taking water and/or pipe samples, and COF Water Services who will install new meters.

11. Traffic Control Contractor shall be responsible for the placement, maintenance, and removal of all traffic control signs, barricades and fencing necessary to protect the public and residents from injury. No work shall be allowed after sunset without proper lighting and clothing per the current MMUTCD and MDOT Specifications for Construction. Work after sunset is at the contractor’s expense and shall be completed by 8pm. Any work on major streets will require a work zone traffic control set-up, and must be coordinated with City representative Rod McGaha. You may contact Mr. McGaha @810-766-7135 then press 8.

Whenever small openings such as window cuts” are made in a road pavement that must remain open to traffic during the time there is no work activity, they shall be covered with steel plates. The steel plates shall be of adequate size and thickness (minimum 3A”) to support all legal axle loads and shall overlap existing pavement by at least two feet on all sides of the hole.

12. Service Line Installation Procedures Non-standard (lead and galvanized iron pipe) water service lines may.exist between the watermain and curb box; or between, the curb box and water meter located inside the house (or in a meter pit outside of the house/building). In other instances, the entire water service line from water main to meter may consist of non-standard materials. Contractors will perform the work as follows: —

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Pre-construction Procedures a) ______Contact Property Owners and Residents as stated above. Obtain Private Property Consent for access. Prior to conducting any construction work, the contractor is to document asking the homeowner what appliances and fixtures have water connections and explain that those items need to be properly flushed out with any sediment catching devices removed (filters, aerators, etc.). The flushing is to be performed by the contractor, and the contractor shall document that the flushing was performed properly and filters, aerators, etc. were replaced after completion. For partial replacements where homeowner permission was not granted, the contractor is to leave instructions stating the above information for the property owner and document when and where the information was delivered. All documentation shall be submitted to the City on a regular basis. b) _____Obtain Water Service Replacement Permits (No Charge) c) _____Submit Indemnification Insurance Certificates to the City of Flint Finance Department —

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Pg ID 7488

d) _____Notify City of Flint Department of Transportation Traffic Engineering, a minimum of 3 working days of Temporary Maintaining of Traffic Plans for streets affected by water service replacements. Also notify Department of Water Services, and Department of Building Safety and Inspection. e) ______Notify Miss Dig 72 hours prior to construction. f) _____Provide video of outside property and house interior (vicinity of meter) prior to start of construction. g) _____Provide video of the sewer lateral from main to building prior to start of construction. h) _____Provide a communication plan for all awarded areas. i) _____Contact the DEQ or the water sampling agency at least five days prior to replacement, so water sampling can be done.

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A procedure for watermain emergency work will be provided to the contractor. All valve turning and watermain work shall be completed by the COF Water Services Dept. **

Construction Procedure Typical Site (residential home on residential street) ProcedurelSpecification: The contractor shall be responsible to assure all valves serving the house/building are turned off to prevent particles from entering the water system. No segment of the water service line shall be used for water service until all non-standard segments are replaced. **

a) _____Locate starting excavation area per location (Watermain or Curb Stop) Water Services will mark the water infrastructure to the best of their ability. It is the contractor’s responsibility to trace and locate the curb stop/box and watermain connection. In most cases, these connection locations may not be clearly apparent without investigation. No additional payment will be made for locating work. b) ______Excavate to identify water service material c) _____If lead or galvanized material is identified, replace the service line segment, curb stop with box, and connections. If a %“ or 1” corporation is in good, working order the contractor is to use the same corporation. On larger lines, the corporation is to be re-tapped and the Contractor shall seek guidance from the COF Water Service Center. All connections shall be per the Plumbing Code. See Appendix #3 for a list of Specified materials and Approved Parts.

Replacement lines shall be %“ Type K Copper. If a service larger than 1” is found, notify the Water Services Dept. for a replacement size decision. Water services are to be installed a minimum 48” below the surface and shall be 60” below roadways. Water services need to be at 90 degrees to curb stop and corporation connections, no curving or looping of copper at any location along the alignment of the new water service being installed. There shall be no other joints or connections between the watermain and curb stop, or curb stop and meter. If work is required on water main, it shall be completed by City of Flint Water Service Center personnel only.

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Pg ID 7489

______All excavations with the lawn/green belt areas are to be backfilled with the

d) _____If lead or galvanized material is identified in a segment not intended to be replaced, notify the City immediately. e) _____Water service lines shall be perpendicular to buildings and main having no curves between building and main (preferred, if possible). Trenchless installation of water services using push bores, directional drilled, cable method and other approve methods shall use standard, approved construction methods. The contractor shall submit a boring plan detailing equipment, materials and procedure to be used prior to beginning work. Contractor will be responsible for approved repair to any damaged utility facilities at no additional cost to the contract.

0 _____All excavations necessary to complete the water service replacement (under roadways, curbs, driveways, approaches, and sidewalks must follow the attached utility trench details to at least 95% of the materials maximum density.

All such excavations shall be capped off with a minimum of 8” of 23A limestone aggregate in the thickness under sidewalks, driveways, and approaches. A minimum of 12” of 23A limestone is required under all roadways and curb lines.

These temporary restorations will be maintained by the vendor until the City has performed the final restoration. The vendor will be responsible for maintaining these areas for a maximum of 30 calendar days. excavated material, well graded and free of any debris. These excavations will be filled to the level of the adjacent ground and left smooth. Final restoration will be performed by the City or a designated contractor.

Post-Construction Items a) _____All joints, fittings and valve connections shall be exposed during a test period. The vendor will contact the City (the Water Service Center) in order for an inspection to be performed to ensure that work has been done correctly and to properly record the work for the City’s annals. All newly installed service lines shall be flushed for at least two (2) minutes and pressure tested in accordance with the City of Flint specifications. Testing shall consist of installing a pressure gauge on the water service line to normal water main pressure. The test is run for five (5) minutes, and if there is no loss in pressure during the period, the service line will be considered as having passed the pressure test. The contractor shall locate and repair service lines which do not pass the pressure test. b) _____After reconnection of the service line, flushing protocol will commence by running an outside faucet for a period of at least fifteen minutes to further flush any foreign material from the service line, and then flushing of all taps for at least fifteen minutes. Vendor will advise resident to continue to use filter for a period of until further notice. c) _____All work on replacing water service is completed, including “temporary” restorations in paved areas and permanent restoration in green areas.

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 50 of 211

Pg ID 7490

d) _____All documents related to replacing the water service line have been completed. A website link will be provided to the Contractor which will bring up a form to be completed. Minor additional documentation may be required for invoicing. e) _____All documents provided to all necessary agencies including the City of Flint Water Service Center.

0 _____Provide video of the sewer lateral from main to building to ensure the sewer line was not damaged. g) The contractor shall conduct an inspection of the internal plumbing to determine potential impacts on fixtures due to the replacement work. This inspection will be documented. h) Proper inspections must be performed by City Departments (BSl, Street Maintenance, and Water Service Center) _____

13. Meetings and Documentation —Vendor will be required to submit daily reports documenting their work at each location. Vendor will also be required to participate in pre-construction meetings as needed to ensure all parties are in agreement.

14. Standard Replacement Specifications -Except for excavations necessary to expose the water main and curb box, service lines shall be installed by use of trenchless technology methods unless otherwise approve by the City of Flint. The preferred method for replacing lead services is the cable method, which involves the use of a cable placed inside the existing lead service line with the new replacement copper line attached on the other side. The cable is then pulled using a winch or backhoe bucket to remove the old service line while pulling in the new copper line. This process is used separately for the service line between the main and curb box and between the curb box and house. If the old service line cannot be removed by the cable method, the new service line would need to be installed by use of boring equipment.

A. From Water Main to Curb Box (Public Partial) For non-standard service lines located between the water main and curb box, the vendor shall excavate the service line at two locations; at the water main, which is typically located beneath the street pavement, and at the curb box, typically located near the sidewalk. The old service line will then be disconnected at the water main and curb stop and a new copper service line is then installed. The new copper service line will then be connected to the old corporation valve on the existing water main using appropriate adaptors and fittings. Existing corporations are typically Vi’ in diameter and transition fittings may be required for connection to the new service lines. If a standard service line (copper) exists between the curb box and house/building, the vendor will connect the new service line to the existing curb box after first flushing the new service line from main to curb box. The City is requiring that vendor replace the curb stop at these locations.

B. From Curb Box to House (Private Partial) For non-standard lines located between the existing curb box and house, the vendor shall excavate and replace the curb stop/box, which is typically located near the sidewalk or property line. The water service line inside the house/building on the inlet side of the water meter shall also be disconnected by the vendor. The opening in the wall at the location where the service line extends through the foundation of the house/building shall then be enlarged by the contractor if necessary. The new copper service line will then be installed between the house and curb box. The vendor shall extend the new service line into the home/building and connect the line 18

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 51 of 211

Pg ID 7491

to the water meter If it is necessary to use boring equipment to install the service line, the boring equipment shall bore through the foundation/basement wall of structure and the old service line shall be abandoned on the inside of the basement wall by removing at least two (2) inches of the lead service lines from within the basement wall, filling the interior of the remaining pipe with mortar. If it becomes necessary for the vendor to excavate on the outside of the building foundation to facilitate installation of the water service line, such work shall be completed in a manner that causes the least amount of disruption to yard areas and other locations near the home/building. The vendor will contact the City (the Water Service Center) in order for an inspection to be performed to ensure that work has been done correctly and to properly record the work for the City’s annals.

C. From Water Main to House (FulD Where the entire water service line (water main to building) consist of non-standard materials, the vendor shall follow the installation procedures described above and also install a new curb stop valve and curb box near the sidewalk at a location approved by the City. The vendor will contact the City (the Water Service Center) in order for an inspection to be performed to ensure that work has been done correctly and to properly record the work for the City’s annals.

D. Cooper Service Line Found from Water Main to House Where the entire water service line consists of standard materials (copper) from the main to the house, the vendor shall place a new curb box and restore the site to original conditions. The vendor will contact the City (the Water Service Center) in order for an inspection to be performed to ensure that work has been done correctly and to properly record the work for the City’s annals.

In all cases, prior to reconnecting the water meter, the new service line shall be thoroughly flushed with sufficient water volume and velocity to remove all foreign material from within the pipe. If material within the pipe damages or plugs a customer’s meter or service piping, the vendor shall be responsible for the cost of all repairs to the service line and related plumbing.

After reconnection of the service line, flushing protocol will commence by running an outside faucet for a period of at least fifteen minutes to further flush any foreign material from the service line, and then flushing of all taps for at least fifteen minutes. Vendor will advise resident to continue to use filters until further notice.

15. Unusual Replacement Situations A. In the event that a shared service line is discovered, the Contractor shall place separate service lines to each home and shall be paid separately for each service line.

B. In the event that an abandoned house lead is encountered, the Contractor shall cut and cap the service line to the abandoned house at the main. The Contractor shall note the abandoned home and the disposition in weekly reports.

C. In the event that tree or tree roots prevent installation, a bid item for tree removal is included in this document. The bid item shall include all work necessary to eliminate the tree and roots from interfering with the installation, as well as the stump grinding or restoration necessary to bring the yard to a uniform grade. If a tree is an issue, notify the Water Services Department for a decision on whether the tree should be removed or a relocated line shall be used prior to taking action.

D. In the event that a partial service line is expected, but it is found that a full replacement is needed, the Contractor shall perform a full replacement at the proper bid item price.

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Pg ID 7492

E. In the event that a line is excavated and found to be copper, the Contractor shall place a new curb box, backfill and restore the excavated area. A bid item is established to pay for this situation.

16. Excavation —Vendor shall furnish all labor, equipment and materials necessary to expose all necessary appurtenances to replace the existing water service line as directed. Except where otherwise approved by the City, vendor will saw cut pavement/curb/sidewalk to an appropriate dimension to carry out the appropriate repair, and the excavation and installation process shall be performed in a manner to allow placement of the new service line at a final cover depth of (five) 5 to (six) 6 feet below finished grade regardless of the depth of the existing water service or water main.

Pavement cuts are expected to be no larger than 1 O’xl 0’, curb removals no more than 10’ and sidewalk removals of no more than 2 flags. Excessive damage will not be tolerated and will be charged against the retainer. Larger removals necessary for safety shall be reviewed with City staff. The pavement sawcut shall be clean and square. If the sawcut edge is damaged during construction, it shall be re-sawcut upon construction completion. If excavated roads contain pavement bricks, the bricks shall be excavated in a manner that minimizes damage to the bricks. The bricks shall then be set in a safe location for City personnel to retrieve, and the Streets Department notified. No additional compensation will be granted for the salvaging of the bricks. Except where otherwise approved by the City, all excavations necessary to complete the water service replacement (under roadways, curbs, driveways, approaches, and sidewalks) must follow the utility trench details (see Appendix 1) to at least 95% of the materials maximum density. Compaction within the influence of water, sewer or storm lines shall be completed with a plate compactor. All such excavation shall be capped off to final grade with a minimum of 8” of 23A limestone aggregate in the thickness under sidewalks, driveways, and approaches. A minimum of 12” of 23A limestone is required under all roadways and curb lines. These temporary restorations will be maintained at the contractor’s expense until the City has performed final restoration (up to 30 days).

All excavations within the lawnIgreen belt areas are to be backfilled with the excavated material, well graded and free of any debris. These excavations will be filled to the level of the adjacent ground and left smooth. The City or a designated contractor will perform final restoration of lawn and green belt areas.

17. Resident Courtesy The contractor, subcontractors, and all members of the construction crew shall continuously use all courtesies when working with the residents and their property. Such practices include, but are not limited to, using foot covers when inside the home, using electric saws, and performing dust control to minimize any air contamination. Contractors shall minimize property disturbance to the minimum necessary disturbance in order to complete the replacement work.

18. Service Line Material Any service line material removed from the ground is City property and shall be given to Water Service personnel or delivered to a location specified by the Water Services Dept.

19. Contaminated Soil If unknown areas of contaminated soils are encountered, the Contractor shall notify the DEQ and City. The Contractor shall share the plan of action for the contaminated soil area with the DEQ and City prior to implementation. Storage and disposal of contaminated soil shall be in accordance with all local, State and Federal solid and hazardous waste laws and regulations.

20. Spills Contractors shall clean up all leaks and spills from containers and other items on or off site. Immediate containment shall be taken as necessary to minimize the effect of any spill or leak. The City shall notify the DEQ and City of the incident. Cleanup shall be in accordance with applicable Federal, State, and Local laws and regulations at no additional cost to the DEQ or City.

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Pg ID 7493

21. Storage of Materials and Equipment Contractors shall make all arrangements and provisions necessary for the storage of materials and equipment. Materials and equipment shall be kept neatly and compactly stored in locations that will cause a minimum of inconveniences to other contractors, public travel, residents, tenants, occupants, and businesses. Replacement material shall be stored in a secured location.

Selected Contractors will have to obtain permission from property owners in order to store materials and equipment.

22. Cleanup of Soils, Waste, Rubbish, Debris, and Lifter Contractor shall remove and dispose of any soils, waste, rubbish, debris, and litter in accordance with federal and state law and local ordinance.

23. Safety Vendor(s) will furnish the City written detailed safety procedures that will be instituted to maintain selected vendor(s) and their subcontractor employee’s safety on awarded job sites. The procedures should address the manner in which vendor will meet the following requirements: A. Vendor will adhere to all safety procedures (or processes) that have been mandated by all applicable federal and state safety regulations, safe practice, using materials, tools and rigging of a safe character. Vendor shall strictly comply with these laws, rules, and regulations including, but not limited to, OSHA and MIOSHA requirements, including without limitation MIOSHA ‘Right to Know” obligations, Michigan Occupational Safety and Health Act of 1974, and shall provide documented evidence of compliance upon request.

B. Vendor shall provide and use all necessary guards, railings, barricades and other protective devices to permit a safe working environment for vendor’s employees, other contractors in the area of work site, City employees, and the public.

C. The employees of the vendor shall wear the appropriate safety protective gear such as safety glasses, side shields, hearing protection, and any other gear deemed required to wear within construction site.

D. Vendor shall comply with OSHA and MIOSHA confined space requirements and procedures.

E. Vendor must make the City aware of safety violations or any injuries that have occurred on job sites.

F. Vendors shall wear an identifiable badge at all times. Entry into houses will be limited to authorized workers whose duties are to complete inside work.

24. Warrant Vendor(s) warrants the Project will be habitable and constructed in a good and workmanlike manner and free from defects in material and workmanship for a period of one year following the date of completion —

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Pg ID 7494

APPENDIX Appendix I

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City of Flint Backfill Requirements

Appendix 2 A plan view sketch of service line replacement -

Appendix 3

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Approved Parts List

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APPENDIX 1 CITY OF FLINT BACKFILL REQUIREMENTS

Pg ID 7495

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 56 of 211

Appendix 1

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Pg ID 7496

City of Flint Backfill Requirements

UTILITY TRENCH EXCAVATION (for repair/replacement of public or private utility)

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Provide a safe working excavation by providing bracing (trench box, sheeting, etc.). If needed, cut hack slopes to stable conditions.

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Clear excavation around utility to be repaired/replaced. Provide excavation to “good” piece of utility plus two (2) feet. Excavate to a minimum of twelve (12) inches below utility or sound material (judgment call in the field).

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If excavation is wet, attempt to pump it “dry” and stable. If it can’t be pumped “dry” place small stone (pea stone) in bottom of excavation up to bottom of utility.

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Complete utility repair/replacement.

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Place Class II sand backfill up both sides of utility. This shall be compacted in no more than twelve (12) inch lifts. If diameter of utility is less than twelve (12) inches, compact once backfill is at top of utility. Continue with class II material until twelve (12) inches above utility.

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Place crushed 23A limestone to within approximately nine (9) inches (winter construction) or three (3) inches (summer construction) of finish grade.

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 57 of 211

Pg ID 7497

UTILITY TRENCH DETAIL UNDER ROADWAY

J~ ASPHALT (SUMMER CONSTRUCTION) 3” OPR 2X0 OR EQUIVALENT (IWNIER CONSTRUCTION)

To be Completed by City) 2nd INSPECTION TO BE COMPLETED DY CITY PERSONNEL AT THIS LEVEL

1st INSPECIION TO BE COMPLETED ar CITY PERSONNEL AT THIS LEVEL

(WATER, SEVER, GAS, aEcrrnCuncIT~

UNDISTURBED GROUND.

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 58 of 211

Pg ID 7498

UTILITY TRENCH DETAIL UNDER SIDEWALK

C CONCRETE WALK 6~ CONCRETE DRIVES

(To be Completed by City) 2nd INSPECTION To RE COMPLETED PERSONNEL AT THIS LEVEL

1st INSPEC

/1

CRUSHED 23A LIMESTONE

(Tm) HON TORE COMPLETED DY CIW PERSONNEL AT THIS LEVEL

~

\

~‘VARIES

~ASS II

SAND BACKALL (95% CCIIPACT7ON) (WA TER SEWER, GAS, ELECTRIC UTILIT) ETC.) —~ ,,._SUALL STONE (IF WATER IS PRESENT) 34R—340 UNDISPJRBED

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 59 of 211

APPENDIX 2 A PLAN VIEW SKETCH OF SERVICE LINE REPLACEMENT

Pg ID 7499

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 60 of 211

Pg ID 7500

EX. CURB (TYP.) EX. SIDEWALK (TYP.) NEW CORP ATrACHMENT FITflNGS (TYP) HOUSE TO

ONE FLAG ~4’x4’ MIN) CONCRETE SIDEWALK REMOVAL (TYP.)

CURB STOP TO MAIN

EX. WATER METER (TYP.) HOUSE (LONG F--

H OU SE DE)

CONNECT TO EX. WATER METER NEW %“ K-COPPER WATER SERVICE ctYPJ NEW CURB STOP WITH FITTINGS AND STOP BOX (TYPJ

105c10’ PAVEMENT/CURB CUT

0

I

H

Appendix-#2 CITY OF FLINT WATER SERVICE REPLACEMENT PLAN VIEW SKETCH

EX. WATER MAIN

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 61 of 211

APPENDIX 3 APPROVED PARTS LIST

Pg ID 7501

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 62 of 211

Appendix #3 Approved Parts List -

ITEM ID 6700002000 6700146000 6700116000 6700125000 6700175000 6700160000 6700246000 6700178000 6700439000 6700439020 6700002040 6700133000 6700237050 6700147000 6700118000 6700114000 6700176000 6700157000 6700246020 6700171000 6700001000 6700002020 6700135000 6700145000 6700117000

DESCRIPTION

YOM

A.M.S. w/handles 3/4” Ford #KV23-332, HT-3 Corporation StoOp, Cop 3/4” Ford #F-600-3 Coupling, cop-cop 3/4” Ford #022-33 Coupling, cop-iron 3/4” Ford #C28-33 Coupling, cop-cop 3/4” Ford #C44-33 Curb stop, cop 3/4” Ford #722-333 Curb stop, iron 3/4” Ford #71 1-333 Coupling, iron 3/4” Ford #Q28-33 Valve, cop 3/4” Ford #B21-233D-HB-2 Valve iron, 3/4” (iron C&W) Ford #B1 1-233D-HB-2 Coupling, Meter 3/4” x 2.”

Ford #038-23-2.5 Coupling, Compression 3/4” Ford #C84-33 Coupling, angle meter 3/4” Ford #L38-23 Corporation stop 1” Ford #F-600-4 Coupling, cop-cop 1” Ford #C22-44 Coupling, cop-iron 1” Ford #C28-44 Coupling cop-cop 1” Ford #C44-44 Curb stop, cop I” Ford #Z22-444 Curb stop, iron 1” Ford #Z11-444 Coupling, iron 1” Ford #026-44 A.M.S. w/handles 1” Ford #KV23-444-HT-4 Meter adapter, brass 1-1/2” 1” Ford #A46 Coupling, compression 1” Ford #C84-44 Corporation stop, cop 2” Ford #F-600-7 Coupling, cop-cop 2” -

BA EA BA EA BA EA EA EA BA BA BA BA BA BA EA EA EA EA BA BA BA BA BA BA EA

Pg ID 7502

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 63 of 211

67001400100 6700120000 6700158010 6700158020 6700002030 6700002060 8800000000

Ford #C22-77 Coupling, cop-iron 2’: Ford #C28-77 Coupling, cop 2” Ford #C44-77 Curb stop, cop 2” Ford #B22-777 Curb stop, iron 2” Ford #B1 1-777 Meter adapter, brass to 1” Ford #A47 Coupling, flanged” Ford #CF3I-77 Gasket, 314”, 100 per box Ford #GT-1 14 “

EA EA EA EA EA FA EA

Pg ID 7503

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 64 of 211 Pg ID 7504 Cost Capacity Experience Completion Bid Complete bond information information and and of Collusion Bid submit qualifications Form requested and FormAffidavits Exhibit information B Exhibit (documents) C in Exhibit E ____ ____

-

—

EXHIBIT A CHECKLIST OF ITEMS REQUIRED FOR SUBMISSION OF PROPOSAL 17-550 Vendors must complete this sheet and submit with their bid, along with the following items: Checklist form o

Completion of Bid Analysis forms

o

Vendor has to provide information on their capacity to perform the work outlined in the proposal

o o

Describe experience your company has in providing similar services (include number of years).

Identify all subcontractors (if applicable) and provide same information as proposed vendor.

Vendor is to include the name of the landfill in which waste and compost will be disposed for the period of this contract. The City may request financial information of said landfill at a later date.

Describe how your company meets or exceeds the minimum qualification of the services requested.

o

—

Exhibit D

References o

Supply at least three (3) references of municipalities (city, county, township, etc.) or communities (or developments) that are similar in size to this request. Please include customers name, dates of contracts, summary of services provided, reference contact name, phone number, and address.

Other o

Any information that the vendor would like to submit with their proposal

(Vendor must submit DBE Utilization Good Faith Efforts Woçksheet as part of bid submission. Document can be found in Exhibit E Attachment 1) Please note: failure to submit the above items will result in a rejection of your bid.

23

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 65 of 211

Pg ID 7505

EXHIBIT B Non-Collusion Affidavit

State of

________________________

5.5.

County of

__________________

I state that I am

of (Title) (Name of Firm) and that I am authorized to make this affidavit on behalf of my Firm, its Owner, Directors and Officers. I am the person responsible in my firm for the price(s) and the amount of the bid. _____________________

__________________

I state that: 1.

2.

3. • 4.

5.

The price(s) and the amounts of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

Neither the price(s) nor the amount of the bid, and neither the approximate price(s) or the approximate amount of the bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the bid opening.

No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive or other form of complementary bid.

The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a discussion with, or inducement from, any firm or person to submit a complementary or noncompetitive bid. ___________________________________, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

24

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 66 of 211

Pg ID 7506

I state that ___________________________________________ understands and (Name of my Firm) Acknowledges that the above representations are material and important, and will be relied on by the City of Flint in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Flint of the true facts relating to the submission of bids for this contract.

(Signature)

(Printed Name)

(Position/Job Title)

Notary Seal:

25

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 67 of 211

Pg ID 7507

EXHIBIT C BID FORM Replacement of Lead Service Lines ARTICLE 1— BID RECIPIENT

1.1

This Bid is submitted to: City of Flint 1011 S. Saginaw St. Flint, MI 48502

1.2

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2— BIDDER’S ACKNOWLEDGEMENTS

2.1

Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3—BIDDER’S REPRESENTATIONS

3.1

In submitting this Bid, Bidder represents that: A.

Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum Np.

Addendum. Date

B.

Bidder has visited the area, conducted a thorough, alert visual examination of the com plete areas, and become familiar with and satisfied itself as to the general, local, and area conditions that may affect cost, progress, and performance of the Work.

C.

Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any 26

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 68 of 211

Pg ID 7508

Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

E.

Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F.

Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Documents.

S. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

H. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4—BIDDER’S CERTIFICATION 4.1

Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B.

Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C.

Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.O1.D: 1.

“corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2.

“fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3.

“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4.

“coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect thee execution of the Contract.

27

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 69 of 211

Pg ID 7509

I state that ___________________________________________ understands and (Name of my Firm) Acknowledges that the above representations are material and important, and will be relied on by the City of Flint in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Flint of the true facts relating to the submission of bids for this contract.

(Signature)

(Printed Name)

(Position/Job Title)

28

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 70 of 211

Pg ID 7510

EXHIBIT D BID ANALYSIS FORM VENDORS MUST COMPLETE THESE SECTIONS SUBCONTRACTOR LIST LIST ALL SUBCONTRACTORS THAT WILL BE UTILIZE FOR THIS PROJECT AND THE SERVICES THAT WILL BE PROVIDED BY SAID SUBCONTRACTOR: —

Name and Address of Subcontractor:

WATER SERVICE LINE REPLACEMENT ZONES

Services provided:

—

THERE ARE 10 ZONES OF APPROXIMATELY 600 LOCATIONS EACH LISTED BELOW

1. Approximate zone locations are provided on the attached maps. Actual addresses and expected service fine material makeup will be provided in the Addendum issued afterthe pre-bid meeting.

2. Locations may be removed by the City of Flint if new information deems replacement at those addresses impossible or unnecessary. The contractor will be notified by the City as soon as that information is available. The City may offer replacement addresses in the same vicinity.

3. Zones #3 and #6 All locations along the CRIM path shall be completed by June 15 to allow the City adequate time to restore the areas.

4. Zone #8 Fenton Road in this area will be under construction beginning mid-late Summer 2017. Contractor shall ensure no residents are trapped between workzones. Therefore all locations near Fenton Road shall be completed by July ‘1°’, 2017.

—

—

29

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 71 of 211

Pg ID 7511

APPROXIMATE LOCATIONS OF ZONES

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Page 30

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 72 of 211

Pg ID 7512

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Page 31

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 73 of 211

Pg ID 7513

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Page 32

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 74 of 211

Pg ID 7514

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Page 33

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 75 of 211

Pg ID 7515

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Page 34

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 76 of 211

Pg ID 7516

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Page 35

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 77 of 211

Pg ID 7517

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Page 36

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 78 of 211

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 79 of 211

Pg ID 7519

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 80 of 211

Pg ID 7520

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Page 39

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 81 of 211

Pg ID 7521

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Page 40

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 82 of 211

Pg ID 7522

All bids shall include all work necessary, as detailed in this document, to excavate, install and restore service lines of the designated lengths.

Construction Example The construction of an “Average” Full Replacement would consist of excavating, installing 30’ of pipe from Curb Stop to main, installing 40’ of pipe from Curb Stop to residential home connecting to water meter, installing of new curb stop with fittings and stop box, curb cut (10’XlO’), proper testing/flushing performed to validate site operational, backfilling and restoration.

—

The assigned locations will be a mixture of partial (curb stop to home or watermain) and full (watermain to home) replacements. Every type of installation will require a new curb stop and box. Distances for payment will be measured in horizontal perpendicular distance from the watermain to the curb stop or house meter (or curb stop to meter for a private side partial). Actual distance allowances may be granted for significant variances such as avoiding a tree, curb box relocations at the request of the Water Services Dept., and unavoidable angles causing a difference more than fifteen (15) feet from perpendicular. All changes shall be approved by Water Services and recorded on their Certificate of Acceptance. Each bid includes the service line, curb stop & box, and any necessary connections/adaptors to make the connections at the watermain, curb stop and house, depending on if it is a full replacement or a partial. Service lines 1.5” and greater include a new corporation and re-tapping of the watermain. No allowance for varying difficulty of installation, material costs, etc. will be granted unless specifically listed or stated in this RFP. Cost per Foot for Water Service Line Replacement _______

3/4 Size of Service Line Installed

Zone I

Zone 2

Zone 3

Zone 4

Zone 5

Zone 6

Cost per Foot for Water Service Line Replacement Zone 7 Zone 8 Zone 9

Zone 10

II

3/4” Pipe Provided*

1 5~ 2”

3/4”

3/4” Pipe Size of Service Line Installed

Provided* 1” 1.5” 2” *

Bid Item as if the City of Flint will provide all 3/4” Type K Copper pipe. All other materials to be provided by the contractor.

You may be awarded none, some, or all of the zones that you bid above. If you are awarded multiple zones, what is the maximum number of zones that you are willing to accept and capable of completing in conformance with the requirements of this document?

ZONES Page 41

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 83 of 211

Description Cut and Cap Service Line of an Abandoned House **

Pg ID 7523

Price per Unit

$

Iper Home

Note: This pay item is to be used if a contractor encounters an abandoned house lead while excavating at the main to replace the service line of another

home. The excavation and backfill is paid for through the line replacement pay item for the other lead. This item only includes cutting and capping an already exposed service.

Description Excavate and Backfill a Standard Line

Price per Unit

$

/per Unit

Note: This pay item is to be used if a contractor encounters a copper line when excavating for replacement. No line replacement is performed. A new curb box is placed and the excavation is backfilled and restored as this pay item.

Description

Price per Unit

Repair a Broken Sanitary Lead

$

/per Unit

Note: This pay item is to be used if a sanitary lead is broken through no fault of the contractor

Description Remove and Dispose of Contaminated Soil

Price per Unit

$

/per Syd

Note: This pay tern is to be used if contaminated soil is encountered

Description Please provide the Discount per Location if the City were to make the initial contact with the residents and obtain the consents from the Property Owners and Residents. The contractor would still be responsible for all other communcations.

“

Price per Unit

$

Less /per Home

Description Tree Removal: 1-6” Diameter

Price per Unit

$

/per Each

Tree Removal: 7-12” Diameter

$

Iper Each

Tree Removal: 13-24” Diameter

$

/per Each

Tree Removal: 25-36” Diameter

$

/per Each

Tree Removal: Over 36” Diameter

$

Iper Each

Tree Prices include removal of the tree, necessary roots, stump and restoration of the yard to grade.

Page 42

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 84 of 211

Pg ID 7524

Certification Form Note THIS PAGE MUST BE COMPLETED AND INCLUDED WITH THE SUBMITTAL: The undersigned hereby certifies, on behalf of the respondent named in this Certification (the “Respondent’), that the information provided in this offer submitted to the City of Flint is accurate and complete, and that I am duly authorized to submit same. I hereby certify that the Respondent has reviewed all documents and requirements included in this offer and accept its terms and conditions.

Fed. ID #:

________________

COMPANY NAME (Respondent):_____________________________________________ ADDRESS

_________________________________________________

CITY/STATE/ZIP

_________________________________________________

PHONE

: _____________________FAX:________________________

E-MAIL

____________________________________________________

PRINT NAME and Title

____________________________________________________ (Authorized Representative)

SIGNED

_________________________________________________ (Authorized Representative)

43

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 85 of 211

Pg ID 7525

EXHIBIT E VENDORS MUST READ AND COMPLETE THE DOCUMENTS IN THIS SECTION. DOCUMENTS THAT ARE COMPLETED MUST BE INCLUDED WITH SUBMISSION.

44

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 86 of 211

Pg ID 7526

REQUIRED STANDARD CONTRACT LANGUAGE: CLEAN WATER STATE REVOLVING FUND AND DRINKING WATER REVOLVING FUND • Davis-Bacon!Prevailing Federal Wages, Including Labor Standards Provisions • Disadvantaged Business Enterprise (DBE) Requirements* • DebarmentlSuspension Certification*

*

Bidders should note these sections contain instructions regarding formslinformation that must be completedlincluded with any submitted bid.

Rev. 3-2015

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 87 of 211

Pg ID 7527

Davis-Bacon!Prevailing Federal Wage Rates P.L. 111-88 requires compliance with the Davis Bacon Act and adherence to the current U.S.

Department of Labor Wage Decision. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents (see Wage Decision included herein) must be paid on this project. The Wage Decision, including modifications, must be posted by the Contractor on the job site. A copy of the Federal Labor Standards Provisions is included and is hereby a part of this contract.

1 Rev. 3/2015

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 88 of 211 1/12/2017

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General Decision Number: M1170057 01/05/2017

M157

Superseded General Decision Number: M120160057 State: Michigan Construction Type: Heavy County: Genesee County in Michigan.

Heavy, Includes Water, Sewer Lines and Excavation (Excludes Hazardous Waste Removal; Coal, Oil, Gas, Duct and other similar Pipeline Construction) Note: Under Executive Order (E0) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis—Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EQ minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EQ is available at www. dol gov/whd/govcontracts. .

Modification Number 0

Publication Date 01/06/2017

CARPO7O6—017 08/01/2016 Rates CARPENTER,

Fringes

Includes Form Work... .$ 24.94

19.91

ELECC94S—009 05/29/2016 Rates ELECTRICIAN *

Fringes

$ 35.40

20.94

ENGIO32S—019 06/01/2016

POWER EQUIPMENT OPERATORS:

Underground Construction

(Including

Sewer)

Rates POWER EQUIPMENT OPERATOR GROUP 1 GROUP 2 GROUP 3 https/~w.~doI .go\A~JoI/scafiIes/daAsbacorb’M 157.chtàcO

Fringes

S 31.58 5 26.85

22.85 22.85

5

22.85

26.12

2

Pg ID 7528

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 89 of 211 1/1212017

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$ 25.55

GROUP 4.

22.85

POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Backhoe/ Excavator, Boring Machine, Bulldozer, Crane, Grader! Blade, Loader, Roller, Scraper, Trencher (over 8 ft. digging capacity) GROUP 2:

Trencher

(8—ft digging capacity and smaller)

GROUP 3:

Boom Truck

(non—swinging,

GROUP 4: Broom! Sweeper, Steer !Skid Loader

non— powered type boom)

Fork Truck,

Tractor,

Bobcat!

Skid

ENG10326—Oll 06!Ol!2014 EXCLUDES UNDERGROUND CONSTRUCTION Rates OPERATOR: Group Group Group Group Group Group

Power Equipment 1 2 3 4 5 6

$ $ $ $ $ $

Fringes

29.09 28.84 27.74 22.94 22.34 19.89

21.70 21.70 21.70 21.70 21.70

21.70

FOOTNOTES: Crane operator per hour above Crane operator per hour above

with main the group with main the group

boom and jib 300’ 1 rate.. boom and jib 400’ 1 rate.

or longer:

$1.50

or longer:

$3.00

PAID HOLIDAYS: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Crane operator with main boom and jib 400’, 220’ or longer.

GROUP 2: Crane operator with main boom and jib 140’ longer, tower crane, gantry crane, whirley derrick

300’,

or

or

GROUP 3: Backhoe!Excavator; Boring Machine; Bulldozer; Crane; Grader!Blade; Loader; Roller; Scraper; Tractor; Trencher GROUP 4: Bobcat!Skid Loader; 20’ lift)

Broom!Sweeper;

GROUP 5:

Boom truck

(non—swinging)

GROUP 6:

Fork Truck

(20’

Fork Truck

lift and under for masonry work)

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2. 1

(over

Pg ID 7529

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 90 of 211 1/1212017

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1R0N0025—006 06/01/2015 Rates IRONWORKER Reinforcing Structural

Fringes

$ 28.30 $ 33.78

24.60 27.84

LAB00334—009 06/01/2015 EXCLUDES OPEN CUT CONSTRUCTION Rates landscape Laborer GROUP 1 GROUP 2

Fringes

$ 19.76 $ 15.54

9.15 9.15

LANDSCAPE LABORER CLASSIFICATIONS GROUP 1: Landscape specialist, including air, gas and diesel equipment operator, lawn sprinkler installer and skidsteer (or equivalent) GROUP 2: Landscape laborer: small power tool operator, material mover, truck driver and lawn sprinkler installer tender

LABOO334—0l5 09/01/2014 SCOPE OF WORK: OPEN CUT CONSTRUCTION: Excavation of earth and sewer, utilities, and improvements, including underground piping/conduit (including inspection, cleaning, restoration, and relining)

Rates LABORER (1) Common or General (2) Mason Tender— Cement/Concrete (4) Grade Checker (5) Pipelayer (7) Landscape LABO1O7S—OlQ

Fringes

$ 20.64

12.75

$ 20.78

12.75 12.75 12.75 12.75

$ $ $

20.95 21.09 15.54

06/01/2016

EXCLUDES OPEN CUT CONSTRUCTION Rates

Fringes

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2. 2

Pg ID 7530

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 91 of 211 1/12/2017

httpsJ~~oI.godd/scaflIes/da.isbaconIwIs7.cwj?~o Common or General; Grade Checker; Mason Tender — Cement/Concrete; Pipelayer. .$ 22.51

PAIN1OS2—003

13.28

06/01/2016 Rates

PAINTER Brush & Roler Spray PLASOO16—016

Fringes

$ 24.45 $ 25.80

11.25 11.25

04/01/2014 Rates

Fringes

CEMENT MASON/CONCRETE FINISHER.. .$ 25.58

12.88

PLUMO37O—006 06/01/2016 Rates PLUMBER/PIPEFITTER

Fringes

$ 36.11

19.65

TEAM0007—006 06/01/2015 Rates

Fringes

TRUCK DRIVER Dump Truck under 8 Cu. yds.; Tractor Haul Truck... .$ 24.90 Dump Truck, 8 cu. yds. and over $ 25.00 Lowboy/Semi—Trailer Truck.. .$ 25.15

.50 + a+b .50 + a+b .50 + a+b

FOOTNOTE: a. $419.45 per week. b. $59.50 daily.

SUMI2O1O—055

11/09/2010 Rates

TRUCK DRIVER: Truck

Fringes

Off the Road $ 20.82

3.69

WELDERS — Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (E0) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis—Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017.

If this contract is covered by the EO, the contractor must provide https:Th.wJoI.go\twdd/scafiIes/da’.~sbacorVMI57cflj9~o

2.3

Pg ID 7531

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 92 of 211 1/12/2017

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employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health—related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health—related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.

Additional information on contractor requirements and worker protections under the EQ is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii))

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of “identifiers” that indicate whether the particular rate is a union rate (current union negotiated rate for local) a survey rate (weighted average rate) or a union average rate (weighted union average rate) Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than “SU” or “UAVG” denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUMO19B—005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CPA) governing this classification and rate.

Survey Rate Identifiers Classifications listed under the T’SUT’ identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that https)A.wt1oI.go\A~dcUscaflIes/daAsbacorb’M I57.ctvb?~0

2. 4

Pg ID 7532

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 93 of 211 1/1212017

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classification.

As this weighted average rate includes all rates reported in the survey, it may include both union and non—union rates. Example: SULA2O12—007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG—OH—0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A tJAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS 1.) be:

Has there been an initial decision in the matter? This can

*

an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on

*

a wage determination matter a conformance (additional classification and rate)

* *

ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis—Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations.

Write to: httpsa.v.dol .gow~Jcl/scaflIes/da~isbacoNtv1 157.ctkàD

2. 5

Pg ID 7533

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 94 of 211 1/12/2017

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Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue,

Washington,

N.W.

DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party’s position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) Write to: .

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

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2.6

Pg ID 7534

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 95 of 211

29 CFR Part 5

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Pg ID 7535

Labor Standards Provisions for Federally Assisted Projects

§ 5.5 Contract provisions and related matters. (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1 )(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which ,cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employerâ&#x20AC;&#x2122;s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1 )(ii) of this section) and the Davis-Bacon poster (WH-1 321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(H)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification

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(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(Ni) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 4

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1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employeeâ&#x20AC;&#x2122;s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dotpov/whd/forms/wh347.pdf or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a â&#x20AC;&#x153;Statement of Compliance,â&#x20AC;? signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 5 Rev. 3/2015

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(1)That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR parts, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the â&#x20AC;&#x153;Statement of Complianceâ&#x20AC;? required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Furthermore, failure to submit theâ&#x20AC;&#x2122;required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees--(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its

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program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of wbrk actually performed. In addition, any trainee performing’ work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iN) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

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(7) Contract termination: debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractorâ&#x20AC;&#x2122;s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1).

(H) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of partt4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible there for shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

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(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

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Disadvantaged Business Enterprises (DBE) Prime contractors bidding on this project must follow, document, and maintain documentation of their Good Faith Efforts, as listed below, to ensure that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of procurement efforts and outreach. Bidders must make the following Good Faith Efforts for any work that will be subcontracted.

1.

Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. Place DBEs on solicitation lists and solicit DBEs whenever they are potential sources.

2.

Make information on forthcoming opportunities available to DBEs. Arrange timeframes for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBE5 in the competitive process. Whenever possible, post solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. The DBEs should be given a minimum of 5 days to respond to the posting.

3.

Consider in the contracting process whether firms competing for large contracts can be subcontracted with DBEs. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

4.

Encourage contracting with a consortium of DBEs when a contract is too large for one DBE firm to handle individually.

5.

Use the services and assistance of the Small BusinessAdministration and the Minority Business Development Agency of the U.S. Department of Commerce.

Subsequent to compliance with the Good Faith Efforts, the following conditions also apply under the DBE requirements. Completed Good Faith Efforts Worksheets (Attachment 1), along with the required supporting documentation outlined in the instructions, must be submitted with your bid proposal. EPA form 6100-2 must also be provided at the pre-bid meeting. A copy of this form is available on the Forms and Guidance page of the Revolving Loan website.

1.

The prime contractor must pay its subcontractor for work that has been satisfactorily completed no more than 30 days from the prime contractorâ&#x20AC;&#x2122;s receipt of payment from the owner.

2.

The prime contractor must notify the owner in writing prior to the termination of any DBE subcontractor for convenience by the prime contractor and employ the Good Faith Efforts if soliciting a replacement contractor.

3.

If a DBE contractor fails to complete work under the subcontract for any reason, the prime contractor must employ the Good Faith Efforts if soliciting a replacement contractor.

4.

The prime contractor must employ the Good Faith Efforts.

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Debarment Certification The prime contractor must provide a completed Certification Regarding Debarment, Suspension, and Other Responsibility Matters Form with its bid or proposal package to the owner (Attachment 2).

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Attachment I Disadvantaged Business Enterprise (OBE) Utilization GOOD FAITH EFFORTS WORKSHEET

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Michigan Department of Environmental Quality Office of Drinking Water and Municipal Assistanceâ&#x20AC;&#x201D; Revolving Loan Section Disadvantaged Business Enterprise (DBE) Utilization State Revolving Fund/Drinking Water Revolving Fund GOOD FAITH EFFORTS WORKSHEET Bidder: Subcontract Area of Work (one per worksheet:_________________________________________________ Outreach Goal: Solicit a minimum of three (3) DBEs via email/letter/fax. It is recommended that various sources be used to locate the minimum number of DUEs. The Michigan Department of Transportation (MDOT) website and www.sam.pov registries may be two resources used to find a minimum of three DBEs. List the DBEs contacted for the above area of work and complete the following information for each DUE. Company Name

Type of Contact

Date of Contact

Price Quote Received

â&#x20AC;&#x2DC;

Accepted/ Rejected GA DR GA DR DA DR DA DR DA DR DA DR

Please Explain if Rejected

Explanation for Not Achieving a Minimum of Three Contacts; you may include a printout of the MDOT and www.sam.gov search results (attach extra sheets if necessary):

MITA DUE Posting Date (if applicable): (attach a copy of the DUE advertisement)

_____________________________

Other Efforts (attach extra sheets if necessary):

Please include the completed worksheet and supporting documentation with the bid proposal.

Rev.3 2015 Rick Snyder, Governor

DC@

Dan Wyant, Director

Authorized under Parts 53 & 54 of the Natmal Resources and Environmental Protection Act, 1994 PA 451, as amended. www.michigan.gov/dcq

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Michigan Department of Environmental Quality Office of Drinking Water and Municipal Assistance— Revolving Loan Section Disadvantaged Business Enterprise (DBE) Utilization State Revolving Fund/Drinking Water Revolving Fund GOOD FAITH EFFORTS WORKSHEET Instructions to Bidders for the Completion of the Good Faith Efforts Worksheet Separate worksheets must be provided for each area of work to be subcontracted out. This includes both major and minor subcontracts.

A minimum of three (3) DBEs must be contacted by a verifiable means of communication such as e-mail, letter, or fax for each area of work to be subcontracted out. Copies of the solicitation letters/e-mails and fax confirmation sheets must be provided with the worksheet.

If less that three (3) DUEs exist statewide for the area of work, then provide documentation that other DUE resources were consulted. This may include the MDOT and www.sam.gov registries and an advertisement is a publication. A printout of the website searched (conducted prior to the end of the bid period) must be submitted.

Posting solicitations for quotes/proposals from DUEs on the MITA website (www.mitadbe.com) is highly recommended to facilitate participation in the competitive process whenever possible.

The solicitation needs to identify the project and the areas of work to be subcontracted out. A copy of the MITA DUE advertisement must be submitted with the Good Faith Efforts worksheet, if used, or a printout of the resulting quotes posted to the MITA website can be submitted with this form as supporting documentation.

If the area of work is so specialized that no DBEs exist, then an explanation is required to support that conclusion, including the documentation required in No. 3 above.

The date of the DUE contact must be identified, as it is important to document that the DBE solicitation was made during the bid period and that sufficient time was given for the DUE to return a quote.

Each DUE firm’s price quote must be identified if one was received or N/A entered on the worksheet if a quote was not received. Copies of all quotes must be submitted with the worksheet.

8.

If a quote was received, indicate if it was accepted or rejected. Justification for not accepting a quote and not using the DUE subcontractor must be provided.

9.

Under Other Efforts, please indicate additional steps you have taken to obtain DUE contractors and provide the appropriate supporting documentation such as: • Follow-up e-mails, faxes, or letters.

• Copies of announcements/postings in newspapers, trade publications, or minority media that target DUE firms.

Rev. 3-2015 Rick Snyder, Governor

DE@

Dan Wyant, Director

Authorized under Parts 53 & 54 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. www.michigan.gov/dcq

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Attachment 2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Pg ID 7548

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Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies, to the best of its knowledge and belief, that it and its principals: (1)

Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal nonprocurement programs by any federal department or agency;

(2)

Have not, within the three year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3)

Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) and have not, within the three year period preceding the proposal, been convicted of or had a civil judgment rendered against it: (a)

For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction;

(b)

For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c)

For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. ยง1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative

Date

E I am unable to certify to the above statement. Attached is my explanation.

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Attachment 3 Frequently Asked Questions About Disadvantaged Business Enterprise (DBE) Solicitation

Pg ID 7550

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Pg ID 7551

Disadvantaged Business Enterprise (DBE) Requirements Frequently Asked Questions Regarding Contractor Compliance Q: What is the Good Faith Efforts Worksheet form and how is it to be completed?

A: This form captures efforts by the prime contractor to solicit DBEs for each area of work type that will be subcontracted out. A separate Good Faith Efforts Worksheet must be provided by the prime contractor for each area of work type to be subcontracted out. There are specific instructions that accompany this form that prescribe minimum efforts which bidders must make in order to be in compliance with the OBE requirements.

Q: Can non-certified DBEs be used?

A: While non-certified DBEs can be used, only OBEs, MBEs, and WBEs that are certified by EPA, SBA, or MDOT (or by tribal, state and local governments, as long as their standards for certification meet or exceed the standards in EPA policy) can be counted toward the fair share goal. Proof of certification by one of these recognized and approved agencies should be sought from each OBE. Q: How does a DBE get certified?

A: Applications for certification under MDOT can be found at http://mdotiboss.state.mi.us/UCP/LearnHowServlet.

Applications for certification under EPA can be found on EPAâ&#x20AC;&#x2122;s Small Business Programs website at htt :Ilwww.e a. ov/osb /dbe fimi.htm under Certification Forms.

0: If a bidder follows the MDOT DBE requirements, will the bidder be in compliance with the SRF/DWRF DBE requirements?

A: No. Federally funded highway projects utilize DBE goals, which require that a certain percentage of work be performed by DBE subcontractors. For SRF/DWRF projects~, there is no financial goal. However, there is a solicitation effort goal. Bidders must use Good Faith Efforts for each and every area of work to be subcontracted out to obtain DBEs. The bidders are not required to use DBEs if the quotes are higher than non-DBE subcontractors.

There is no required DBE participation percentage contract goal for the SRFIDWRF. However, if the SRF/DWRF project is part of a joint project with MDOT, the project can be excluded from SRF/DWRF DBE requirements (i.e., the Good Faith Efforts Worksheet is not required) as it would be difficult to comply with both programsâ&#x20AC;&#x2122; requirements.

Q. Must the Good Faith Efforts Worksheet and supporting documentation be turned in with the bid proposals?

A: Yes. This is a requirement to document that the contractor has complied with the DBE requirements and the Good Faith Efforts. These compliance efforts must be done during the bidding phase and not after-the-fact. It is highly recommended that the need for these efforts and the submittal of the forms with the bid proposals be emphasized at the pre-bid meetings. Failure to show that the Good Faith Efforts were complied with during the bidding process can lead to a prime contractor being found non-responsive.

Q: Does EPA form 6100-2 need to be provided at the pre-bid meeting?

A: Yes. The form must be made available at the pre-bid meeting.

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Pg ID 7552

Q: What kinds of documentation should a contractor provide to document solicitation efforts?

A: Documentation can include fax confirmation sheets, copies of solicitation letters/e-mails, printouts of online solicitations, printouts of online search results, affidavits of publication in newspapers, etc.

Q: How much time will compliance with the Good Faith Efforts require in terms of structuring an adequate bidding period?

A: Due to the extent of the efforts required, a minimum of 30 calendar days is recommended between bid posting and bid opening to ensure adequate time for contractors to locate certified DBEs and solicit quotes.

Q: How does a contractor locate certified DBEs? A: The Michigan Department of Transportation has a directory of all Michigan certified entities located at http://mdotiboss.state.mi.us/UCP/. Additionally, the federal System for Award Management (SAM) is another place to search and can be found at www.sam.pov. SAM contains information from the former Central Contractor Registration (CCR) database.

Q: If the bidder does not intend to subcontract any work, what forms, if any, must be provided with the bid proposal?

A: The bidder should complete the Good Faith Efforts Worksheet with a notation that no subcontracting will be done. However, if the bidder is awarded the contract and then decides to subcontract work at any point, then the Good Faith Efforts must be made to solicit DBEs. Q: In the perfect world, the Good Faith Efforts Worksheet is required to be turned in with the proposal. What if no forms are turned in with the bid proposal or forms are blank or incomplete? Should this be cause to determine that the bidder is non-responsive?

A: While the Good Faith Efforts Worksheet is important, it is more critical to confirm that the contractor complied with the DBE requirements prior to bid opening. The owner should contact the bidder as soon as deficiencies are noted for a determination/documentation of efforts taken to comply with the DEE requirements. Immediate submittal of the completed forms will be acceptable provided the Good Faith Efforts were made and it is just a mailer of transferring information to the forms.

Q: If the prime contractor is a DEE, does he have to solicit DEE subcontractors?

A: Yes, the DEE requirements still apply if the prime intends to subcontract work out. Good Faith Efforts must be used to solicit DBE5.

Q: If the area of work is one where there are less than three DEE contractors, how is the contractor to document this?

A: Copies of printouts from MDOT and SAM showing no DBEs and advertisements soliciting quotes for all subcontract areas, including the questionable areas, will be adequate if the dates on the printouts are prior to the bid or proposal closing date.

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Pg ID 7553

EXHIBIT E to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

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Pg ID 7554

CITY OF FLINT Department of Purchases & Supplies Dr. Karen Weaver Mayor

Derrick F. Jones Purchasing Manager INVITATION TO BID

OWNER: THE CITY OF FLINT DEPARTMENT OF PURCHASES AND SUPPLIES 1101 5. SAGINAW ST., Room 203 FLINT, Ml 48502 Proposal No. 17-564 SCOPE OF WORK: The City of Flint, Department of Purchases & Supplies, is soliciting sealed proposals for providing: 2017 REPLACEMENT OF WATER SERVICE LINES (ZONES 1-9) per the attached requirements.

If your firm is interested in providing the requested services, please submit 1 original, 1 copy, and 1 unbound copy of your detailed proposal to the City of Flint, Department of Purchases and Supplies, 1101 S. Saginaw St., Room 203, Flint, Ml, 48502, by Friday. March 3,2017 @10:00 AM EST). Please note: all proposals received after 10:00 AM (EST) will not be considered.

Faxed proposals into the Purchasing Department are not accepted.

A bid guaranty or a cashier’s check for $75,000 for each zone bid ($750,000 maximum), must be submitted with the bid. Please note: cashier’ check must be payable to Treasurer, City of Flint. Contractors may bid on as many zones as they choose, however, the bid bond requirement will be based on the number of zones the Contract has placed in the section that poses the question of, “...what is the maximum number of zones that you are willing to accept and capable of completing in conformance with the requirements of this document?” If the contractor states one (1), then the bid bond requirement is $75,000 (maximum number of maximum zones willing to accept 1 X $75,000). Likewise if the contractor states ten (10), the bid bond requirement is $750,000.

All additional bid documents, requirements, addendums, specifications and plans/drawings (if utilized) are available on the Purchasing page of the City of Flint’s web site at www.cityofflint.com/purchasing under “open bids” and the specific bid or proposal number assigned to this notice.

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INSTRUCTIONS TO VENDORS 1)

PRE-BID INFORMATION AND QUESTIONS: Each proposal that is 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 (REP) 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 REP package, or requires any written addendum thereto, the Bidder is requested to notify the Purchasing contact noted on the cover of this REP, so that written clarification may be sent to all prospective Bidders. THE CITY OF FLINT IS NOT RESPONSIBLE FOR ANY ORAL INSTRUCTIONS.

2) 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 Elint, or their designee. If any such changes are made, all known recipients of the REP will be sent a copy of such changes. If any changes are made to this REP document by any party other than the City of Elint, the original document in the City of Flint’s files takes precedence.

3)

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 REP, fully completed. b) Proposal must be submitted to the Purchasing Department, City of Flint, 1101 S. Saginaw Street -Room 203, 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 cour~e 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) Proposals must be enclosed in a sealed, non-transparent envelope, box or package, and clearly marked on the outside with the following: REP Title, REP Number, Deadline and Bidder’s name. d) Submission of a proposal 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 REP. 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 REP. 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 right 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 AWARDISPLIT AWARDS: This contract will be awarded to the lowest responsive, responsible Bidder for each of ten (10) zones based on the criteria set in #44 below. A bidder may be awarded zero, one, multiple, or all zones. Therefore, award will be made to between zero and ten different vendors. 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 ContractorNendor 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 for that zone 11) NO RFP RESPONSE: Bidders who receive this REP 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 all bidder lists.

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12) FREEDOM OF INFORMATION ACT REQUIREMENTS: Proposals are subject to public disclosure after the deadline for submission in accordance with state law.

13) ARBITRATION: Contractor/Vendor agreea 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 Contractorâ&#x20AC;&#x2122;s agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction to hear such matters. Contractorâ&#x20AC;&#x2122;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 twenty (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 ContractorNendor.

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

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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% %), the County vendor may have a competitive advantage. City of Flint Business is defined as a sole proprietorship, partnership, limited partnership, limited liability company, or corporation whose primary place of business is located within the corporate limits of Flint, Michigan.

Business must have made a personal property tax filing with a city or township treasurer within Genesee County within the last 12 months, or who has paid a real property tax assessment to a city or township treasurer within the City within the last 12 months.

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 experimental or unproven equipment may be disregarded.

22) MODIFICATIONS!CKANGESIPRICE 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 itsâ&#x20AC;&#x2122; 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 personâ&#x20AC;&#x2122;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.

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25) SUBCONTRACTING: No subcontract work shall be started prior to the written approval of the subcontractor by the City. A list of possible subcontractors shall be submitted with the bid.

The City reserves the right to accept or reject any subcontractor.

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 Ombudsmanâ&#x20AC;&#x2122;s duties, jurisdiction and powers.

28) PREVAILING WAGE: The successful bidder providing any contractual labor services must comply with all state and federal requirements and pay wages and fringe benefits as governed under the Davis Bacon Act. 29) 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: 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 material breach of this contract.

31) CONTRACTIPROCUREMENT DOCUMENTS: The invitation for bids, instructions to bidders, bid, affidavit, addenda (if any), statement of bidderâ&#x20AC;&#x2122;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 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, 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.

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35) INDEMNIFICATION: To the fullest extent permitted bylaw, 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 others working on behalf 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 hisfher 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 forth’Mth. 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 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 prompUy to the City.

39) NON-DISCLOSUREICONFIDENTIALITY: 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: Ail 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 tribunal 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 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. The invalidation of one or more terms of this contract shall not affect the validity of the remaining terms.

42) TERMINATION: In the event of a failure by Contractor to perform any material provision of this Contract, the City or DEQ shall give written notice of such breach to the Contractor. The City may allow up to five (5) days (the “cure period”) to correct such a breach. City may terminate this Contract after such cure period if Contractor has not adequately corrected such breach in accordance with this Contract and City so notifies Contractor in writing of such termination 7

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action. At such time, City shall pay Contractor only all charges and fees for the services performed on or before such termination date. Thereafter, in the event such termination, City, as its sole and exclusive remedy may exercise its rights under Contractor’s performance bond, and procure the services of another contractor to complete the work covered under this contract. If a cure period is allowed, it will not negate any liquidated damage charges resulting from the contractor failing to meet the completion date.

In the event of a failure by City to perform any material provision of this Contract, the Contractor shall give written notice of such breach to the City along with at least five (5) days (the “cure period”) to correct such breach. Contractor may terminate this Contract after such cure period if City has not adequately corrected such breach in accordance with this Contract and Contractor so notifies City in writing of such termination action. At such time, City shall pay Contractor for all charges and fees for the services performed on or before such termination date. Thereafter, following any such termination and the final payment from the City to the Contractor, neither party shall have any further obligation under this Contract other than for claims for personal injuries or property damage as expressly provided in these terms and arising prior to such termination date.

In the event a Court of competent iurisdiction enters an order holding that this Contract is invalid, illegal, or unenforceable, then either party may terminate the Contract. At such time, City shall pay Contractor for all charges and fees for the services performed on or before such termination date. Thereafter, following any such termination and the final payment from the City to the Contractor, neither party shall have any further obligation under this Contract other than for claims for personal injuries or property damage as expressly provided in these terms and arising prior to such termination date.

43) TIME PERFORMANCE: Contractor’s services shall commence after receipt of the notice to proceed and shall be carried out per the specifications of this document.

44) EVALUATION OF BIDS: In the City’s evaluation of proposals, at minimum; firm’s written proposal, the qualifications of the firm, the overall fee structure, feedback from references, and all requirements set forth in this document shall be considered as selection and award criteria unless otherwise as specified. The City reserves the right to enter into negotiations with the selected vendor for further clarification, even though these negotiations may result in minor changes to specifications and pricing.

45) FURNISHING OF BONDS: Contractor shall furnish to the City at his or her own cost, performance and payment bonds in the amount of the contract price insuring that it shall fulfill all & the provisions of the contract documents, shall satisfactorily complete the Work, and shall make prompt payment to all persons furnishing material or labor required in prosecution of the Work as required by law. Bonds must be issued by a surety company. Contractor’s bonds shall be accompanied by powers of attorney authorizing execution of behalf of the surety and Contractor, and must be countersigned by a duly authorized Michigan agent of the surety.

Selected Contractors WIl have the option of bonding the full amount of their award or a partial segment (zone) of their award. If Contractors elects to segment their bonding, Contractor must obtain approvals for the previous bonded work and initiate a new bond for the next segment (or zone). This process ‘MlI be repeated until contract is complete. Refer to section enU~ed “Scope of Work’ #4 for additional information. The performance and payment bond contract price shall be established as $ [( 3’2’ Partial Replacement Price Bid X 270) + ( ~4” Full Replacement Price Bid X 330)].

46) AMERiCAN IRON AND STEEL (AIS) REQUIREMENTS: The Contractor acknoWedges to and for the benefit of the city of Flint (“Purchaser”) and the Michigan Department of Environmental Quality (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the State Revolving Fund and/or the Drinking Water Revolving Fund and such law contains provisions commonly known as “American Iron and Steel (AIS);” that requires all iron and steel products used in the project be produced in the United States (“AIS Requirements”) including iron and steel provided by the Contractor pursuant to this Agreement. The Contractor

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hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the AIS Requirements, (b) all iron and steel used in the project will be and/or have been produced in the United States in a manner that complies with the AIS Requirements, unless a waiver of the requirements is approved or the State made the determination in writing that the AIS Requirements do not apply to the project, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the AIS requirements, as may be requested by the Purchaser. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State.

47) INSURANCE REQUIREMENTS: The Contractor shall notify all insurance agents and companies retained by the Contractor that these insurance requirements shall be included in any Agreement between the Contractor and the City of Flint. The Contractor shall purchase and maintain, at its sole expense and as long as it is providing services to the City, the following insurance coverage: Commercial General Liability Occurrence form, including coverage for bodily injury, personal injury, property damage (broad form), premises/operations, blanket contractual, and products/completed operations. Coverage shall be endorsed to include the City as an additional insured for work performed by the Contractor in accordance with the Agreement.

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Minimum Limits: •

$1,000,000 per occurrence/$2,000,000 general aggregate

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$2,000,000 aggregate for products and completed operations

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$1,000,000 personal and advertising injury

Automobile Michigan “no-fault” coverage, and residual automobile liability, comprehensive form, covering owned, hired, and non-owned automobiles. Coverage shall be endorsed to include the City as an additional insured for work performed by the Contractor in accordance with the Agreement.

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Minimum Limits: •

No-fault coverages

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$500,000 per person/$1 ,000,000 per accident

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$500,000 per occurrence

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A combined single limit of $1,000,000 per occurrence

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bodily injury

property damage

Workers’ Compensation and Employer’s Liability— Statutory coverage or proof acceptable to the City of approval as a self-insurer by the State of Michigan.

Minimum Limits: •

Workers’ Compensation

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Employer’s Liability -$100,000 each accident/$100,000 disease

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•

$500,000 disease

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Pg ID 7563

policy limit

Professional Liability Covering acts, errors or omissions of a professional nature committed or alleged to have been committed by the Contractor or any of its subcontractors. Coverage shall be effective upon the date of the Agreement and shall remain effective for a period of three (3) years after the date of final payment thereunder. Such coverage shall be endorsed to include any subcontractors hired by the Contractor.

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$1,000,000 per occurrence, $1,000,000 annual aggregate

Insurance coverage shall cover all claims against the City of Flint, its officials and employees, arising out of the work performed by the Contractor or any subcontractors under the Agreement. Should any work be subcontracted, it shall be the responsibility of the Contractor to maintain Independent Contractor’s Protective Liability Insurance with limits equal to those specified above for Commercial General Liability Insurance. In addition, the Contractor shall provide proof of Workers’ Compensation Insurance for all subcontractors in compliance with the required statutory limits of the State of Michigan.

Said policies of insurance shall be with companies licensed to do business in the State of Michigan and in a form satisfactory to the City. All insurance companies must maintain a rating of B+, VIII or better from A.M. Beat Company. Certificates of insurance with a thirty-(30) day cancellation clause shall be filed with and approved by the City at least five(S) days in advance of commencing work under the Agreement. Cancellation, material restriction, non-renewal or lapse of any of the required policies shall be grounds for immediate termination of the Agreement by the City.

The City reserves the right to request a complete certified copy of the policies for the above coverage’s.

Any reduction or exhaustion in the limits of required insurance coverage shall not be deemed to limit the indemnification afforded in accordance with the Agreement or any amendments thereto.

Depending on the subject matter of the transaction, the City may require other insurance coverage in addition to the coverage’s contained herein.

Proposal Submission Release date:

Thursday, February 16, 2017 by 5:00 PM (EST)

Proposal Due Date:

Friday, March 3,2017 by 10:A0 PM (EST)

Submit to City:

1 printed, signed, original proposal and signed addenda, 1 copy of all submitted documents I unbound copy of proposal.

Send to: City of Flint Department of Purchases & Supplies 1101 5. Saginaw St, Rm. 203 Flint, Michigan 48502 Important Notice: Effective immediately upon release of this request for proposal (RFP), and until notice of contract award, all official communications from proposers regarding the requirements of this RFP shall be directed to: 10

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Derrick F. Jones

810 766-7340

Pg ID 7564

djones~cityoffIint.com

The City, or designee, shall distribute all official changes, modifications, responses to questions or notices relating to the requirements of this RFP. An addenda to this RFP may be developed and shared with all Vendors. Any other information of any kind from any other source shall not be considered official, and proposers relying on other information do so at their own risk.

Anticipated Timeline Overview Listed below are specific and estimated dates and times of actions related to this request for proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed. In the event that it is necessary to change any of the specific dates and times in the calendar of events listed below, an addendum to this RFP will be issued.

Milestone

imeframe

RFP issuance and release hursday, February 16, 2017 after 3:00 PM RFP posted to City’s website hursday, February 16, 2017 after 5:00 PM Place Ad in Newspaper, periodicals d will run on Sunday, February 19, 2017 Final Deadline to submit questions concerning hursday, February 23, 2017 by 5:00 PM proposal or information discussed during the pre-bid meeting.

City to issue an addendum to respond to any uestions received and any outstanding issues.

Proposal Due Date Review of proposals Submit selected vendor(s) to City Council for review If approved by City Council, selected vendors hill be presented to RTAB for review

No later than Monday, February 27, 2017 Friday, March 3,2017 before 10:00 AM (EST) March 6-10, 2017 Monday, March 13, 2017 (Committee Meeting), Monday, March 13, 2017 (Council Meeting) SD

Any written questions regarding this project shall be directed to Derrick Jones @ diones(&citvofflint.com using the subject title of “RFP 17-564 Question.” Questions may be submitted before Thursday, February 23, 2017 before 5:00 PM (EST), and responses will be addressed in the addendum that will be issued no later than Monday, February 27, 2017.

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Derrick F. Jones, Purchasing Manager Department of Purchases & St

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INTRODUCTION Information about the City of Flint The City of Flint (the City, or COF), incorporated in 1855, is located in the eastern part of the State of Michigan. The City currently occupies a land area of 32.8 square miles and serves a population of 111,475 (2010 Census Estimate). The City is empowered to levy a property tax on both real and personal properties located within its boundaries, as well as a 1% income tax for those who live within the City limits, or .5% for those who only work within the City limits.

The City does not collect a fee from its residents; however, a three percent (3%) millage is assessed on properties within the City’s boundaries.

The City has operated under the strong mayor- Council form of government since November 4, 1975, when the present charter was adopted. Legislative authority is vested in a City Council consisting of nine members elected for a four-year term (no term limits), from each of the nine wards in the City. The City Council is responsible for passing ordinances, adopting the annual budget, approving resolutions, appointing committees, and other responsibilities as outlined in the City’s Code of Ordinances. The Mayor is an elected official who serves as the chief executive officer of the City for a four-year term, in which he/she may be re-elected for additional terms. The Mayor may appoint a City Administrator to handle the day-to-dayoperations for the municipality. On November 29, 2011, the governor of Michigan appointed an emergency manager, pursuant to Public Act 4 of 2011, to handle all of the day-to-day operations for the City. Considerable progress was made in reducing the deficit, whereas by June 30, 2015 a positive fund balance was realized. As a result of many financial achievements of the City, Governor Snyder has declared that the City’s financial emergency has been resolved. With oversight from a receivership transition advisory board (RTAB), City operations have returned have been partially returned to the Mayor and Charter-designated leaders.

Water Line Replacement Project An analysis of service lines has been performed for the City and it has been determined that there is a need to replace said service lines in different areas of the City. The focus of the replacement will be in neighborhoods with the greatest density of lead and galvanized service lines. Replacement of these service lines has been determined to be the best remedy in restoring the integrity of the drinking water system.

It is most recently estimated that there could be as many as 29,100 non-copper (partial or full) water service lines in the City of Flint. Approximately 22,500 of these could be to occupied parcels. This data will be continuously updated for later phases of service line replacement.

The City has received funding from the State and Federal Government for this project. Please note that contractors will have to comply with state and federal terms and conditions that are included in this proposal as articulated in Exhibit E. Contractors must review, comply, complete, and submit the appropriate documents that are included in this exhibit.

This REP is for the fourth phase of service line removal which will include the removal and replacement of lead and galvanized service lines to as many homes as possible, with the goal to replace as many lead and galvanized lines as possible prior to the end of 2017. The City has designated the areas for service line replacement based upon a combination of the criteria discussed above as well as census data and water sample results.

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The City will continue to validate the accuracy of the City Water Department records on the composition of the residential service lines as well as gain further needed knowledge on the depth of the lines, soil composition, age of homes most likely to have a lead service line, the methods used for original line installation, the effects of the corrosivity on service lines, and to better assess the method and costs of service line replacement. Thus, successful bidders will be required to cooperate in data collection on all replacement locations.

Scope of Work Requested Services The City is seeking a General Contractor, or the like, that has at least five (5) years’ worth of experience in replacing service lines in order to perform the replacement of service lines to various residential homes/buildings located within the City of Flint. The selected vendor will have a designated individual who will perform as a “project manager,” or like, in which the City will provide direction and receive timely updates as to vendor’s progress on this project. This project work shall consist of replacing service lines by excavating streets and/or yard areas, removing existing lines, installing copper water service lines, extending service lines into the interior of houses, patching pipe penetration, and temporary restoration. Vendors should be capable of installing water service lines using trenchless technology and equipment. Vendors may submit proposals that utilizes a different methodology as described in this RFP, however, said methodology will have to be approved by the City and the vendor will have to articulate the full process in which they will install service lines within their proposal. If vendors are awarded a contract and are seeking to expand their workforce to accommodate the contract, the City encourages hiring and training (i.e. an apprentice program) residents that reside within the City’s corporate limits in order to fulfill the vendor’s requirements. .

1. Requirement All project installation work shall be completed in conformance with the general conditions and construction specifications established by the City of Flint, Michigan Department of Transportation (MDOT) and any other provisions established herein.

2. Utilities The selected Contractor shall be responsible for obtaining utility locations from the MISS DIG System. Contractor shall be responsible for conducting an evaluation to assess the nature, depth and location of all sewer mains and laterals. If the contractor uses an installation method that requires the exposing of utilities, the contractor shall solely be responsible for the cost of the excavation, hand digging, and backfilling regard less of the location of the utility. If the utility is located in a paved area, the contractor shall backfill to grade according to City of Flint standards (included). The City, or a designated contractor, will complete the paving work.

3. Subcontractors The Contractor shall submit a list of all subcontractors that may be used on the project to assist with project work. The City will certify that they have checked SAM.gov to ensure no contractors are on the federal debarment]suspension list. All subcontractors must be approved by the City, and the City reserves the right to accept or reject any subcontractor.

4. Contract Time The Contractor shall begin work immediately after receiving the notice to proceed from the City. Along with the notice to proceed, the City will provide a list of approximately half of the zone’s total locations. The contractor shall complete all line replacements of said locations at an average pace of 4.5 locations per work day. If a contractor is awarded multiple zones, a timeline shall be maintained separately for each zone, beginning with the notice to proceed for that zone, and a pace of 4.5 locations per work day shall be performed for each zone. Work day shall be considered Monday Friday excluding all City of Flint holidays.

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Construction work will not be allowed on Saturday or Sunday without approval from the COF Water Services Dept, Streets Dept, and BSl Department (if a plumbing permit was necessary). Any cost incurred for overtime utilized to stay on schedule will be at the contractor’s expense.

Locations may be removed by the City of Flint if new information deems replacement at those addresses impossible or unnecessary. The contractor will be notified by the City as soon as that information is available. The City may offer replacement addresses in the same vicinity.

The City may also add locations if new information deems a replacement is necessary.

Once the first half of a zone has been completed, the contractor may continue with the second half if a full performance bond has been posted (See “Instructions to Vendors Item #45). If the contractor has only posted a performance bond for half of the zone work, the contractor must obtain all required approvals for the completed work, and initiate a new bond for the second half prior to commencing work on the next half. A second notice to proceed will be issued, after receipt of the new bond, for the second half of the zone.

Liquidated Damages Liquidated damages will be assessed for failure to meet the above schedule. Liquidated damages of $1,550 will be assessed per work day (Monday-Friday) after the contract completion work days (as calculated by the number of locations divided by 4.5) has expired. Liquidated damages will be assessed upon completion of the total zone addresses. Each half zone will be considered separately.

Time extensions will only be granted for delays not caused by the Contractor or the Contractor’s methods. Time extensions shall also not include standard construction delays such as utility issues, problems locating facilities, lack of coordination with residents due to the contractor, or a delay of up to an hour for City Inspection. The contractor shall maintain a log of all other delays and shall submit the list by email no later than 72 hours after the end of each work week. Upon verification and approval by the City, the time will be added as a work day extension in increments of 1/8 day. Delay shall also be divided by the total number of crews working in each zone.

Resident CommunicationlPermission The City will provide a general communication piece for the residents as it relates to what the project entails, along with a copy of a consent agreement that will be executed by the home owner. Vendor will have to communicate with awarded neighborhoods and residents to provide this information and to obtain the required signatures. Vendor is to inform residents of the work that will be performed along with a time frame in which a resident’s home will undergo construction.

The vendor will allow adequate time to provide the property owner and/or resident five (5) calendar days advance notice of the day work is to occur on their property.

Notification of water shutoff shall also be provided to the resident on the morning of the day work is to be performed. Information disseminated to residents must reflect any instructions that will have to be performed by the homeowner (resident) during and after the construction.

Coordination of Work with City Representatives Contractor will be responsible for notifying designated individuals at the City of Flint Streets, Water Services and BSl departments, as well as the designated City project manager. The Water Services Dept intends on installing new water meters at the time of replacement. This labor will be performed by City crews.

Suspension of Operations The City or DEQ can suspend operation of work without cost to the City/DEQ if the Contractor has failed to correct unsafe conditions, failed to carry out provisions of the contract, conditions deemed to be in the public interest, when City has determined that additional excavations in needed prior to installation of service —

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lines, and when quality or quantity of work being performed is not in adherence to the project specifications or schedule.

9. Permits Vendor will be responsible to obtain any required permits prior to commencing work including the excavation permit, street cut permit, water services permit and the plumbing permit (if needed any movement of the meter or an alteration/extension beyond the meter will require a plumbing permit). NO PERMIT FEES WILL BE CHARGED TO THE CONTRACTOR for required work on this contract.

A certificate of approval from the Water Services Dept will be required prior to payment for any location. Approvals from the Streets Dept and any Plumbing Permits will be required prior to retainer release.

10. Contract Work Schedule and Project Coordination Vendor shall be responsible for coordinating and scheduling all project work to avoid conflicts with other construction activities occurring in and near project areas. The contractor will also be required to coordinate with government or university representatives taking water and/or pipe samples, and COF Water Services who will install new meters.

11. Traffic Control Contractor shall be responsible for the placement, maintenance, and removal of all traffic control signs, barricades and fencing necessary to protect the public and residents from injury. No work shall be allowed after sunset without proper lighting and clothing per the current MMUTCD and MDOT Specifications for Construction. Work after sunset is at the contractor’s expense and shall be completed by 8pm. Any work on major streets will require a work zone traffic control set-up, and must be coordinated with City representative Rod McGaha. You may contact Mr. McGaha @810-766-7135 then press 8.

Whenever small openings such as “window cuts” are made in a road pavement that must remain open to traffic during the time there is no work activity, they shall be covered with steel plates. The steel plates shall be of adequate size and thickness (minimum %“) to support all legal axle loads and shall overlap existing pavement by at least two feet on all sides of the hole.

12. Service Line Installation Procedures Non-standard (lead and galvanized iron pipe) water service lines may exist between the watermain and curb box; or between the curb box and water meter located inside the house (or in a meter pit outside of the house/building). In other instances, the entire water service line from water main to meter may consist of non-standard materials. Contractors will perform the work as follows: —

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Pre-construction Procedures a) _____Contact Property Owners and Residents as stated above. Obtain Private Property Consent for access. Prior to conducting any construction work, the contractor is to document asking the homeowner what appliances and fixtures have water connections and explain that those items need to be properly flushed out with any sediment catching devices removed (filters, aerators, etc.). The flushing is to be performed by the contractor, and the contractor shall document that the flushing was performed properly and filters, aerators, etc. were replaced after completion. For partial replacements where homeowner permission was not granted, the contractor is to leave instructions stating the above information for the property owner and document when and where the information was delivered. All documentation shall be submitted to the City on a regular basis. b) _____Obtain Water Service Replacement Permits (No Charge) c) _____Submit Indemnification Insurance Certificates to the City of Flint Finance Department —

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d) _____Notify City of Flint Department of Transportation Traffic Engineering, a minimum of 3 working days of Temporary Maintaining of Traffic Plans for streets affected by water service replacements. Also notify Department of Water Services, and Department of Building Safety and Inspection. e) _____Notify Miss Dig 72 hours prior to construction. f) _____Provide video of outside property and house interior (vicinity of meter) prior to start of construction. g) _____Provide video of the sewer lateral from main to building prior to start of construction. h) _____Provide a communication plan for all awarded areas. i) _____Contact the DEQ or the water sampling agency at least five days prior to replacement, so water sampling can be done.

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A procedure for watermain emergency work will be provided to the contractor. All valve turning and watermain work shall be completed by the COF Water Services Dept. **

Construction Procedure Typical Site (residential home on residential street) ProcedurelSpecification: The contractor shall be responsible to assure all valves serving the house/building are turned off to prevent particles from entering the water system. No segment of the water service line shall be used for water service until all non-standard segments are replaced. **

a) _____Locate starting excavation area per location (Watermain or Curb Stop) Water Services will mark the water infrastructure to the best of their ability. It is the contractor’s responsibility to trace and locate the curb stop/box and watermain connection. In most cases, these connection locations may not be clearly apparent without investigation. No additional payment will be made for locating work. b) _____Excavate to identify water service material c) _____If lead or galvanized material is identified, replace the service line segment, curb stop with box, and connections. If a 34” or 1” corporation is in good, working order— the contractor is to use the same corporation. On larger lines, the corporation is to be re-tapped and the Contractor shall seek guidance from the COF Water Service Center. All connections shall be per the Plumbing Code. See Appendix #3 for a list of Specified materials and Approved Parts.

Replacement lines shall be 34” Type K Copper. If a service larger than 1” is found, notify the Water Services Dept. for a replacement size decision. Water services are to be installed a minimum 48” below the surface and shall be 60” below roadways. Water services need to be at 90 degrees to curb stop and corporation connections, no curving or looping of copper at any location along the alignment of the new water service being installed. There shall be no other joints or connections between the watermain and curb stop, or curb stop and meter. If work is required on water main, it shall be completed by City of Flint Water Service Center personnel only.

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______All excavations with the lawn/green belt areas are to be backfilled with the

d) _____If lead or galvanized material is identified in a segment not intended to be replaced, notify the City immediately. e) _____Water service lines shall be perpendicular to buildings and main having no curves between building and main (preferred, if possible). Trenchless installation of water services using push bores, directional drilled, cable method and other approve methods shall use standard, approved construction methods. The contractor shall submit a boring plan detailing equipment, materials and procedure to be used prior to beginning work. Contractor will be responsible for approved repair to any damaged utility facilities atno additional cost to the contract. f) _____All excavations necessary to complete the water service replacement (under roadways, curbs, driveways, approaches, and sidewalks must follow the attached utility trench details to at least 95% of the materials maximum density.

All such excavations shall be capped off with a minimum of 8” of 23A limestone aggregate in the thickness under sidewalks, driveways, and approaches. A minimum of 12” of 23A limestone is required under all roadways and curb lines.

These temporary restorations will be maintained by the vendor until the City has performed the final restoration. The vendor will be responsible for maintaining these areas for a maximum of 30 calendar days. excavated material, well graded and free of any debris. These excavations will be filled to the level of the adjacent ground and left smooth. Final restoration will be performed by the City or a designated contractor.

Post-Construction Items a) _____All joints, fittings and valve connections shall be exposed during a test period. The vendor will contact the City (the Water Service Center) in order for an inspection to be perforrñed to ensure that work has been done correctly and to properly record the work for the City’s annals. All newly installed service lines shall be flushed for at least two (2) minutes and pressure tested in accordance with the City of Flint specifications. Testing shall consist of installing a pressure gauge on the water service line to normal water main pressure. The test is run for five (5) minutes, and if there is no loss in pressure during the period, the service line will be considered as having passed the pressure test. The contractor shall locate and repair service lines which do not pass the pressure test. b) _____After reconnection of the service line, flushing protocol will commence by running an outside faucet for a period of at least fifteen minutes to further flush any foreign material from the service line, and then flushing of all taps for at least fifteen minutes. Vendor will advise resident to continue to use filter for a period of until further notice. c) _____All work on replacing water service is completed, including “temporary” restorations in paved areas and permanent restoration in green areas.

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d) _____All documents related to replacing the water service line have been completed. A website link will be provided to the Contractor which will bring up a form to be completed. Minor additional documentation may be required for invoicing. e) _____All documents provided to all necessary agencies including the City of Flint Water Service Center. f) _____Provide video of the sewer lateral from main to building to ensure the sewer line was not damaged. g) The contractor shall conduct an inspection of the internal plumbing to determine potential impacts on fixtures due to the replacement work. This inspection will be documented. h) Proper inspections must be performed by City Departments (BSI, Street Maintenance, and Water Service Center) _____

13. Meetings and Documentation â&#x20AC;&#x201D;Vendor will be required to submit daily reports documenting their work at each location. Vendor will also be required to participate in pre-construction meetings as needed to ensure all parties are in agreement.

14. Standard Replacement Specifications -Except for excavations necessary to expose the water main and curb box, service lines shall be installed by use of trenchiess technology methods unless otherwise approve by the City of Flint The preferred method for replacing lead services is the cable method, which involves the use of a cable placed inside the existing lead service line with the new replacement copper line attached on the other side. The cable is then pulled using a winch or backhoe bucket to remove the old service line while pulling in the new copper line. This process is used separately for the service line between the main and curb box and between the curb box and house. If the old service line cannot be removed by the cable method, the new service line would need to be installed by use of boring equipment.

A. From Water Main to Curb Box (Public Partial) For non-standard service lines located between the water main and curb box, the vendor shall excavate the service line at two locations; at the water main, which is typically located beneath the street pavement, and at the curb box, typically located near the sidewalk. The old service line will then be disconnected at the water main and curb stop and a new copper service line is then installed. The new copper service line will then be connected to the old corporation valve on the existing water main using appropriate adaptors and fittings. Existing corporations are typically 34â&#x20AC;? in diameter and transition fittings may be required for connection to the new service lines. If a standard service line (copper) exists between the curb box and house/building, the vendor will connect the new service line to the existing curb box after first flushing the new service line from main to curb box. The City is requiring that vendor replace the curb stop at these locations.

B. From Curb Box to House (Private Partial) For non-standard lines located between the existing curb box and house, the vendor shall excavate and replace the curb stop/box, which is typically located near the sidewalk or property line. The water service line inside the house/building on the inlet side of the water meter shall also be disconnected by the vendor. The opening in the wall at the location where the service line extends through the foundation of the house/building shall then be enlarged by the contractor if necessary. The new copper service line will then be installed between the house and curb box. The vendor shall extend the new service line into the home/building and connect the line 18

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to the water meter. If it is necessary to use boring equipment to install the service line, the boring equipment shall bore through the foundation/basement wall of structure and the old service line shall be abandoned on the inside of the basement wall by removing at least two (2) inches of the lead service lines from within the basement wall, filling the interior of the remaining pipe with mortar. If it becomes necessary for the vendor to excavate on the outside of the building foundation to facilitate installation of the water service line, such work shall be completed in a manner that causes the least amount of disruption to yard areas and other locations near the home/building. The vendor will contact the City (the Water Service Center) in order for an inspection to be performed to ensure that work has been done correctly and to properly record the work for the City’s annals.

C. From Water Main to House (Full) Where the entire water service line (water main to building) consist of non-standard materials, the vendor shall follow the installation procedures described above and also install a new curb stop valve and curb box near the sidewalk at a location approved by the City. The vendor will contact the City (the Water Service Center) in orderforan inspection to be performed to ensure that work has been done correctly and to properly record the work for the City’s annals.

D. Copper Service Line Found from Water Main to House Where the entire water service line consists of standard materials (copper) from the main to the house, the vendor shall place a new curb box and restore the site to original conditions. The vendor will contact the City (the Water Service Center) in orderforan inspection to be performed to ensure that work has been done correctly and to properly record the work for the City’s annals.

In all cases, prior to reconnecting the water meter, the new service line shall be thoroughly flushed with sufficient water volume and velocity to remove all foreign material from within the pipe. If material within the pipe damages or plugs a customer’s meter or service piping, the vendor shall be responsible for the cost of all, repairs to the service line and related plumbing.

After reconnection of the service line, flushing protocol will commence by running an outside faucet fora period of at least fifteen minutes to further flush any fQreign material from the service line, and then flushing of all taps for at least fifteen minutes. Vendor will advise resident to continue to use filters until further notice.

15. Unusual Replacement Situations A. In the event that a shared service line is discovered, the Contractor shall place separate service lines to each home and shall be paid separately for each service line.

B. In the event that an abandoned house lead is encountered, the Contractor shall cut and cap the service line to the abandoned house at the main. The Contractor shall note the abandoned home and the disposition in weekly reports.

C. In the event that tree or tree roots prevent installation, a bid item for tree removal is included in this document. The bid item shall include all work necessary to eliminate the tree and roots from interfering with the installation, as well as the stump grinding or restoration necessary to bring the yard to a uniform grade. If a tree is an issue, notify the Water Services Department for a decision on whether the tree should be removed or a relocated line shall be used prior to taking action.

D. In the event that a partial service line is expected, but it is found that a full replacement is needed, the Contractor shall perform a full replacement at the proper bid item price.

-

19

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 133 of 211

Pg ID 7573

E. In the event that a line is excavated and found to be copper, the Contractor shall place a new curb box, backfill and restore the excavated area. A bid item is established to pay for this situation.

16. Excavation —Vendor shall furnish all labor, equipment and materials necessary to expose all necessary appurtenances to replace the existing water service line as directed. Except where otherwise approved by the City, vendor will saw cut pavement/curb/sidewalk to an appropriate dimension to carry out the appropriate repair, and the excavation and installation process shall be performed in a manner to allow placement of the new service line at a final cover depth of (five) 5 to (six) 6 feet below finished grade regardless of the depth of the existing water service or water main.

Pavement cuts are expected to be no larger than 1 O’xl 0’, curb removals no more than 10’ and sidewalk removals of no more than 2 flags. Excessive damage will not be tolerated and will be charged against the retainer. Larger removals necessary for safety shall be reviewed with City staff. The pavement sawcut shall be clean and square. If the sawcut edge is damaged during construction, it shall be re-sawcut upon construction completion. If excavated roads contain pavement bricks, the bricks shall be excavated in a manner that minimizes damage to the bricks. The bricks shall then be set in a safe location for City personnel to retrieve, and the Streets Department notified. No additional compensation will be granted for the salvaging of the bricks. Except where otherwise approved by the City, all excavations necessary to complete the water service replacement (under roadways, curbs, driveways, approaches, and sidewalks) must follow the utility trench details (see Appendix 1) to at least 95% of the materials maximum density. Compaction within the influence of water, sewer or storm lines shall be completed with a plate compactor. All such excavation shall be capped off to final grade with a minimum of 8” of 23A limestone aggregate in the thickness under sidewalks, driveways, and approaches. A minimum of 12” of 23A limestone is required under all roadways and curb lines. These temporary restorations will be maintained at the contractor’s expense until the City has performed final restoration (up to 30 days).

All excavations within the lawn/green belt areas are to be backfilled with the excavated material, well graded and free of any debris. These excavations will be filled to the level of the adfficent ground and left smooth. The City or a designated contractor will perform final restoration of lawn and green belt areas.

17. Resident Courtesy The contractor, subcontractors, and all members of the construction crew shall continuously use all courtesies when working with the residents and their property. Such practices include, but are not limited to, using foot covers when inside the home, using electric saws, and performing dust control to minimize any air contamination. Contractors shall minimize property disturbance to the minimum necessary disturbance in order to complete the replacement work.

18. Service Line Material Any service line material removed from the ground is City property and shall be given to Water Service personnel or delivered to a location specified by the Water Services Dept.

19. Contaminated Soil If unknown areas of contaminated soils are encountered, the Contractor shall notify the DEQ and City. The Contractor shall share the plan of action for the contaminated soil area with the DEQ and City prior to implementation. Storage and disposal of contaminated soil shall be in accordance with all local, State and Federal solid and hazardous waste laws and regulations.

20. Spills Contractors shall clean up all leaks and spills from containers and other items on or off site. Immediate containment shall be taken as necessary to minimize the effect of any spill or leak. The City shall notify the DEQ and City of the incident. Cleanup shall be in accordance with applicable Federal, State, and Local laws and regulations at no additional cost to the DEQ or City.

—

—

—

—

20

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 134 of 211

Pg ID 7574

21. Storage of Materials and Equipment Contractors shall make all arrangements and provisions necessary for the storage of materials and equipment. Materials and equipment shall be kept neatly and compactly stored in locations that will cause a minimum of inconveniences to other contractors, public travel, residents, tenants, occupants, and businesses. Replacement material shall be stored in a secured location.

Selected Contractors will have to obtain permission from property owners in order to store materials and equipment.

22. Cleanup of Soils, Waste, Rubbish, Debris, and Litter Contractor shall remove and dispose of any soils, waste, rubbish, debris, and lifter in accordance with federal and state law and local ordinance.

23. Safety Vendor(s) will furnish the City written detailed safety procedures that will be instituted to maintain selected vendor(s) and their subcontractor employee’s safety on awarded job sites. The procedures should address the manner in which vendor will meet the following requirements: A. Vendor will adhere to all safety procedures (or processes) that have been mandated by all applicable federal and state safety regulations, safe practice, using materials, tools and rigging of a safe character. Vendor shall strictly comply with these laws, rules, and regulations including, but not limited to, OSHA and MIOSHA requirements, including without limitation MIOSHA “Right to Know” obligations, Michigan Occupational Safety and Health Act of 1974, and shall provide documented evidence of compliance upon request.

B. Vendor shall provide and use all necessary guards, railings, barricades and other protective devices to permit a safe working environment for vendor’s employees, other contractors in the area of work site, City employees, and the public.

C. The employees of the vendor shall wear the appropriate safety protective gear such as safety glasses, side shields, hearing protection, and any other gear deemed required to wear within construction site. .D. Vendor shall comply with OSHA and MIOSHA confined space requirements and procedures.

E. Vendor must make the City aware of safety violations or any injuries that have occurred on job sites.

F. Vendors shall wear an identifiable badge at all times. Entry into houses will be limited to authorized workers whose duties are to complete inside work.

24. Warrant Vendor(s) warrants the Project will be habitable and constructed in a good and workmanlike manner and free from defects in material and workmanship for a period of one year following the date of completion 25. Results to date The following information is for informational purposes only. The City of Flint makes no claims that this information will be applicable to the zones of construction in this RFP. Bidders are expected to make their own determination of approximate line lengths and replacement locations for bidding purposes through field review and/or other sources: —

—

-

—

—

Results from the first over 700 reDlacements: Average Length of Public Side Partial Replacement Only: Average Length of Private Side Partial Replacement Only: Average Length of Full Replacement: Average Length of all Replacements: Average Occurrence of a Full Copper Line at a Location:

25 Ft (50% of Total) 30 Ft (3% of Total) 67.5 Ft (47% of Total) 45 Ft I in 6.8

21

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 135 of 211

Pg ID 7575

APPENDIX Appendix I

—

City of Flint Backfill Requirements

Appendix 2 A plan view sketch of service line replacement -

Appendix 3

—

Approved Parts List

22

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 136 of 211

APPENDIX 1 CITY OF FLINT BACKFILL REQUIREMENTS

Pg ID 7576

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 137 of 211

Appendix 1

Pg ID 7577

City of Flint Backfill Requirements

UTILITY TRENCH EXCAVATION (for repair/replacement of public or private utility)

•

Provide a safe working excavation by providing bracing (trench box, sheeting, etc.). If needed, cut back slopes to stable conditions.

•

Clear excavation around utility to be repaired/replaced. Provide excavation to “good” piece of utility plus two (2) feet. Excavate to a minimum of twelve (12) inches below utility or sound material (judgment call in the field).

•

If excavation is wet, attempt to pump it “dry” and stable. If it can’t be pumped “dry” place small stone (pea stone) in bottom of excavation up to bottom of utility.

•

Complete utility repair/replacement.

•

Place Class II sand backfill up both sides of utility. This shall be compacted in no more than twelve (12) inch lifts. If diameter of utility is less than twelve (12) inches, compact once backfill is at top of utility. Continue with class II material until twelve (12) inches above utility.

•

Place crushed 23A limestone to within approximately nine (9) inches (winter construction) or three (3) inches (summer construction) of finish grade.

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 138 of 211

Pg ID 7578

UTILITY TRENCH DETAIL UNDER ROADWAY

Y ASPHALT (EuMMER CONSTRUCTION) 3 OPR 2000 DR EQUIVALENT (141N?ER CONSTRUCTION)

(To be Completed by City) 2nd INSPECTION TO BE COMPLETE/i BY CITY PERSONNEL AT THIS LEVEL

1st INSPECTION TO BE COMPLETED ar CITY PERSONNEL AT THIS LEWL

(WATET,~ SEWER, GAS, ELECTRIC t1flLITI~

UNDISTURBED

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 139 of 211

UTILITY TRENCH DETAIL UNDER SIDEWALK

C CONCRETE V/AU( B~ CONCRETE DRIVES

(To be Completed by City) 2nd INSPECTION TO RE COMPLETED BY CITY PERSONNEL AT 7~S LEVEL

1st INSPECTION TO BE COMPLETED BY CITY PERSONNEL AT 77115 LEVEL

(WATER, SEVER, GAS, ELECTRIC U~II)

UNDISEJRBEO GROUND

Pg ID 7579

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 140 of 211

APPENDIX 2 A PLAN VIEW SKETCH OF SERVICE LINE REPLACEMENT

Pg ID 7580

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 141 of 211 —

Pg ID 7581

~

EX. CURB (TYP.) EX. S!DEWALK (TYP.) NEW CORP ATrACI-IMENT FITtINGS (TYP.) HOUSE TO

ONE FLAG (4’x4 MIN) CONCRETE SIDEWALK REMOVAL (TYP.)

CURB STOP TO MAIN

EX. WATER METER (TYP.) HOUSE

F--

H OU SE ORT SIDE)

CONNECT TO EX. WATER METER NEW %‘ K-COPPER WATER SERVICE e?YR) NEW CURB STOP WITH FITtINGS AND STOP BOX

çrypj

1O’xlO’ PAVEMENT/CURB CUT

H Appendi-x-#2-~ CITY OF FLINT WATER SERVICE REPLACEMENT PLAN VIEW SKETCH

EX. WATER MAiN

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 142 of 211

APPENDIX 3 APPROVED PARTS LIST

Pg ID 7582

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 143 of 211

Appendix #3 Approved Parts List -

ITEM ID 6700002000 6700146000 6700116000 6700125000 6700175000 6700160000 6700246000 6700178000 6700439000 6700439020 6700002040 6700133000 6700237050 .

6700147000 6700118000 ~ 6700114000 6700176000 6700157000 6700246020 6700171000 6700001000 6700002020 6700135000 6700145000 6700117000

DESCRIPTION

YOM

A.M.S. w/handles 3/4” Ford #KV23-332, HT-3 Corporation StoOp, Cop 3/4” Ford #F-600-3 Coupling, Gop-cop 3/4” Ford #C22-33 Coupling, cop-iron 3/4” Ford #C28-33 Coupling, Gop-cop 3/4” Ford #C44-33 Curb stop, cop 3/4” Ford #Z22-333 Curb stop, iron 3/4” Ford #Z11-333 Coupling, iron 3/4” Ford #Q28-33 Valve, cop 3/4” Ford #B21 -233D-HB-2 Valve iron, 3/4” (iron C&W) Ford #B1 1-233D-HB-2 Coupling, Meter 3/4” x 2.”

Ford #C38-23-2.5 Coupling, Compression 3/4” Ford #C84-33 Coupling, angle meter 3/4” Ford #L38-23 Corporation stop 1” Ford #F-600-4 Coupling, cop-cop 1” Ford #C22-44 Coupling, cop-iron 1” Ford #C28-44 Coupling cop-cop 1” Ford #C44-44 Curb stop, cop 1” Ford #Z22-444 Curb stop, iron 1” Ford #Z1 1-444 Coupling, iron 1” Ford #028-44 A.M.S. w/handles 1” Ford #KV23-444-HT-4 Meter adapter, brass 1-1/2” 1” Ford #A46 Coupling, compression 1” Ford #C84-44 Corporation stop, cop 2” Ford #F-600-7 Coupling, cop-cop 2” -

BA BA EA BA EA EA EA BA EA EA BA BA BA EA EA EA BA BA BA BA BA BA EA BA EA

Pg ID 7583

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 144 of 211

67001400100 6700120000 6700158010 6700158020 6700002030 6700002060 8800000000

Ford #C22-77 Coupling, cop-iron 2”: Ford #C28-77 Coupling, cop 2” Ford #C44-77 Curb stop, cop 2” Ford #B22-777 Curb stop, iron 2” Ford #B11-777 Meter adapter, brass” to 1” Ford #A47 Coupling, flanged” Ford #CF31-77 Gasket, 3/4”, 100 per box Ford #GT-1 14

EA BA BA EA EA BA LA

Pg ID 7584

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 145 of 211 Pg ID 7585 Checklist Cost Capacity Experience Bid Complete bond information information form and andsubmit qualifications requested information (documents) in Exhibit E _____ ____

EXHIBIT A CHECKLIST OF ITEMS REQUIRED FOR SUBMISSION OF PROPOSAL 17-564 Vendors must complete this sheet and submit with their bid, along with the following items:

o

Completion of Bid Analysis forms

o

Vendor has to provide information on their capacity to perform the work outlined in the proposal

o o

Describe experience your company has in providing similar services (include number of years).

Identify all subcontractors (if applicable) and provide same information as proposed vendor.

Vendor is to include the name of the landfill in which waste and compost will be disposed for the period of this contract. The City may request financial information of said landfill at a later date.

Describe how your company meets or exceeds the minimum qualificalion of the services requested.

o

—

Exhibit D

References o

Supply at least three (3) references of municipalities (city, county, township, etc.) or communities (or developments) that are similar in size to this request. Please include customer’s name, dates of contracts, summary of services provided, reference contact name, phone number, and address.

Other o

Any information that the vendor would like to submit with their proposal

Completion of Collusion Form Exhibit B Completion of Bid Form and Affidavits Exhibit C -

—

(Vendor must submit DBE UtilizatiQn Good Faith Efforts Worksheet as part of bid submission. Document can be found in Exhibit E Attachment 1) Please note: failure to submit the above items will result in a rejection of your bid.

23

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 146 of 211

Pg ID 7586

EXHIBIT B Non-Collusion Affidavit

State of

___________________________

s.5.

County of

__________________

I state that I am

of (Title) (Name of Firm) and that I am authorized to make this affidavit on behalf of my Firm, its Owner, Directors and Officers. I am the person responsible in my firm for the price(s) and the amount of the bid. _____________________

__________________

I state that: 1.

2.

3.

4.

5.

The price(s) and the amounts of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

Neither the price(s) nor the amount of the bid, and neither the approximate price(s) or the approximate amount of the bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the bid opening.

No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive or other form of complementary bid.

The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a discussion with, or inducement from, any firm or person to submit a complementary or noncompetitive bid. its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows: _________________________________,

24

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 147 of 211

Pg ID 7587

I state that ___________________________________________ understands and (Name of my Firm) Acknowledges that the above representations are material and important, and will be relied on by the City of Flint in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Flint of the true facts relating to the submission of bids for this contract.

(Signature)

(Printed Name)

(Position/Job Title)

Notary Seal:

25

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 148 of 211

Pg ID 7588

EXHIBIT C BID FORM Replacement of Lead Service Lines ARTICLE 1—BID RECIPIENT 1.1

This Bid is submitted to: City of Flint 1011 S. Saginaw St. Flint, MI 48502

1.2

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—BIDDER’S ACKNOWLEDGEMENTS 2.1

Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3—BIDDER’S REPRESENTATIONS 3.1

In submitting this Bid, Bidder represents that: A.

Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No.

Addendum. Date

B.

Bidder has visited the area, conducted a thorough, alert visual examination of the complete areas, and become familiar with and satisfied itself as to the general, local, and area conditions that may affect cost, progress, and performance of the Work.

C.

Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D.

Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any 26

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 149 of 211

Pg ID 7589

Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

E.

Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F.

Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Documents.

G. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

H. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4— BIDDER’S CERTIFICATION 4.1

Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with. any collusive agreement or rules of any group, association, organization, or corporation; B.

Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false

or sham Bid; C.

Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.O1.D: 1.

“corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2.

“fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3.

“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4.

“coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect thee execution of the Contract.

27

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 150 of 211

Pg ID 7590

I state that _______________________________________________ understands and (Name of my Firm) Acknowledges that the above representations are material and important, and will be relied on by the City of Flint in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Flint of the true facts relating to the submission of bids for this contract.

(Signature)

(Printed Name)

(Position/Job Title)

28

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 151 of 211

Pg ID 7591

EXHIBIT D BID ANALYSIS FORM VENDORS MUST COMPLETE THESE SECTIONS SUBCONTRACTOR LIST LIST ALL SUBCONTRACTORS THAT WILL BE UTILIZE FOR THIS PROJECT AND THE SERVICES THAT WILL BE PROVIDED BY SAID SUBCONTRACTOR: —

Name and Address of Subcontractor:

Services provided:

WATER SERVICE LINE REPLACEMENT ZONES 1. There are 9 zones of approximately 600 replacement addresses that are outlined on attached maps and attachment which are included in this document. Work performed at each address could vary depending on the composition of water service line from the main to curb stop and curb stop to home.

2. Approximate zone locations, actual addresses and expected service line material makeup are provided. This data is provided for informational purposed only and the City cannot guarantee the accuracy of the service line materials listed or the status of a home until the time of replacement.

3. Locations may be removed by the City of Flint if new information deems replacement at those addresses impossible or unnecessary. The contractor will be notified by the City as soon as that information is available. The City may offer replacement addresses in the same vicinity.

4. Zones #3 and #6 All locations along the GRIM path shall be completed by June 26 to allow the City adequate time to restore the areas.

5. Zone #8 Fenton Road in this area will be under construction beginning mid-late Summer 2017. Contractor shall coordinate work to ensure no residents are trapped between work zones.

6. Contractors are expected to perform replacement work located within a zone if notified prior to completing all work in that zone even if the contractor has left that immediate block or area at no additional compensation. i.e. Permission is obtained for a replacement after the contractor has completed that block.

—

—

—

—

—

CITY HALL

1101 S. SAGINAW STREET RM 203

—

FLINT, MICHIGAN 48502

TEL: 810-766-1340

FAX: 810-766-7240

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 152 of 211

Pg ID 7592

APPROXIMATE LOCATIONS OF ZONES

t. Michigan, United States

1

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z

z

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W Cokiwate, Rd

C&dwatae Rd

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~

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I

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Caflons Rd

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I

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30

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 153 of 211

Pg ID 7593

ZONE#1 cx .2 Q

Bonn,

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 154 of 211

Pg ID 7594

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 155 of 211

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 157 of 211

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 158 of 211

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 160 of 211

Pg ID 7600

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 161 of 211

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Page 39

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 162 of 211

Pg ID 7602

All bids shall include all work necessary, as detailed in this document, to excavate, install and restore service lines at the prices penned below.

Construction Example The construction of an “Average” Full Replacement would consist of excavating, installing 30’ of pipe from Curb Stop to main, installing 40’ of pipe from Curb Stop to residential home connecting to water meter, installing of new curb stop with fittings and stop box, curb cut (10’XlO’), proper testing/flushing performed to validate site operational, backfilling and restoration.

—

The assigned locations will be a mixture of partial (curb stop to home or watermain) and full (watermain to home) replacements. Every type of installation will require a new curb stop and box. Payment will be determined by the type of installation full (watermain to meter at the home) or partial (the watermain to the curb stop or curb stop to meter for a private side partial). There will be no additional payment for varying lengths. Each bid includes the service line, curb stop & box, and any necessary connections/adaptors to make the connections at the watermain, curb stop and house, depending on if it is a full replacement or a partial. Service lines 1.5” and greater include a new corporation and re-tapping of the watermain. No allowance for varying difficulty of installation, material costs, etc. will be granted unless specifically listed or stated in this RFP. -

Zone I

Cost per Location for Water Service Line Replacement Zone 2 Zone 3 Zone 4

Zone 5

314” Partial

Replacement 314” Full Replacement 314’ Pipe Provided* Partial Replacement

314” Pipe Provided* Full Replacement 1” Partial Replacement 1” Full Replacement 1.5” Partial Replacement 1.5” Full Replacement 2” Partial Replacement 2” Full Replacement *

Bid Item as if the City of Flint will provide all 3/4” Type K Copper pipe. All other materials to be provided by the contractor.

You may be awarded none, some, or all of the zones that you bid above. If you are awarded multiple zones, what is the maximum number of zones that you are willing to accept and capable of completing in conformance with the requirements of this document?

ZONES

40

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 163 of 211

Zone 6

Pg ID 7603

Cost per Location for Water Service Line Replacement Zone 7 Zone 8

Zone 9

3/4” Partial Replacement 3/4” Full Replacement 314” Pipe Provided* Partial Replacement 314” Pipe Provided* Full Replacement 1” Partial Replacement 1” Full Replacement 1.5” Partial Replacement 1.5” Full Replacement 2” Partial Replacement 2” Full Replacement ~ Bid Item as if the City of Flint will provide all 3/4” Type IC Copper pipe. All other materials to be provided by the contractor.

41

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 164 of 211

Description Cut and Cap Service Line of an Abandoned House **

Pg ID 7604

Price per Unit

$

Iper Home

Note: This pay item is to be used if a contractor encounters an abandoned house lead while excavating at the main to replace the service line of another

home. The excavation and backfill is paid for through the line replacement pay item for the other lead. This item only includes cutting and capping an already exposed service.

Description Excavate and Backfill a Standard Line

Price per Unit

Description

Price per Unit

$ /per Unit Note: This pay item is to be used if a contractor encounters a copper line when excavating for replacement. No line replacement is performed. A new curb box is placed and the excavation is backfilled and restored as this pay item.

Repair a Broken Sanitary Lead

$

/per Unit

Note: This pay item is to be used if a sanitary lead is broken through no fault of the contractor

Description Remove and Dispose of Contaminated Soil

Price per Unit

$

/perSyd

Note: This pay item is to be used if contaminated soil is encountered

Description Please provide the Discount per Location if the City were to make the initial contact with the residents and obtain the consents from the Property Owners and Residents. The contractor would still be responsible for all other communcations.

Description Tree Removal: 1-6” Diameter Tree Removal: 7-12” Diameter Tree Removal: 13-24” Diameter Tree Removal: 25-36” Diameter Tree Removal: Over 36” Diameter

Price per Unit

$

Less /per Home

Price per Unit

$ $ $ $ $

/per Each /per Each /per Each /per Each /per Each

~ Tree Prices include removal of the tree, necessary roots, stump and restoration of the yard to grade.

42

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 165 of 211

Pg ID 7605

Certification Form Note THIS PAGE MUST BE COMPLETED AND INCLUDED WITH THE SUBMITTAL The undersigned hereby certifies, on behalf of the respondent named in this Certification (the “Respondent”), that the information provided in this offer submitted to the City of Flint is accurate and complete, and that I am duly authorized to submit same. I hereby certify that the Respondent has reviewed all documents and requirements included in this offer and accept its terms and conditions.

Fed. ID #:

________________

COMPANY NAME (Respondent):___________________________________________ ADDRESS

______________________________________________

CITY/STATE/ZIP

____________________________________________________

PHONE

: ______________________FAX:________________________

E-MAIL

____________________________________________________

PRINT NAME and Title

____________________________________________________ (Authorized Representative)

SIGNED

: _________________________________________________ (Authorized Representative)

43

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 166 of 211

Pg ID 7606

EXHIBITE VENDORS MUST READ AND COMPLETE THE DOCUMENTS IN THIS SECTION. DOCUMENTS THAT ARE COMPLETED MUST BE INCLUDED WITH SUBMISSION.

44

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 167 of 211

Pg ID 7607

REQUIRED STANDARD CONTRACT LANGUAGE: CLEAN WATER STATE REVOLVING FUND AND DRINKING WATER REVOLVING FUND • Davis-Bacon/Prevailing Federal Wages, Including Labor Standards Provisions • Disadvantaged Business Enterprise (DBE) Requirements* • Debarment/Suspension Certification*

*

Bidders should note these sections contain instructions regarding forms/information that must be completedlincluded with any submitted bid.

Rev. 3-2015

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 168 of 211

Pg ID 7608

Davjs-Baconlprevajlj ng Federal Wage Rates P.L. 111-88 requires compliance with the Davis Bacon Act and adherence to the current U.S. Department of Labor Wage Decision. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents (see Wage Decision included herein) must be paid on this project. The Wage Decision, including modifications, must be posted by the Contractor on the job site. A copy of the Federal Labor Standards Provisions is included and is hereby a part of this contract.

1 Rev. 3/2015

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 169 of 211 2)16/2017

Pg ID 7609

hftps:/~.wdd .go~&doI/scafiIes!d&sbacccVM 157.cK&h=1

General Decision Number: M1170057 02/03/2017

M157

Superseded General Decision Number: M120l60057 State: Michigan Construction Type; Heavy County: Genesee County in Michigan.

Heavy, Includes Water, Sewer Lines and Excavation (Excludes Hazardous Waste Removal; Coal, Oil, Gas, Duct and other similar Pipeline Construction) Note: Under Executive Order (ED) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis—Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017.

The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number 0 1

Publication Date 01/06/2017 02/03/2017

CARPO7O6—0l7 08/01/2016 Rates CARPENTER,

Fringes

Includes Form Work... .$ 24.94

19.91

ELECO948—009 05/29/2016 Rates ELECTRICIAN

Fringes

$ 35.40

20.94

ENG10325—019 06/01/2016 POWER EQUIPMENT OPERATORS: Underground Construction Sewer)

Rates POWER EQUIPMENT OPERATOR GROUP 1 GROUP 2 GROUP 3 https:/~.t~dd .gov/wioUscali Ies/da~isbaconJM 157.thb?v 1

(Including

Fringes

$ 31.58 $ 26.85 S 26.12

22.85 22.85 22.85 2

In

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 170 of 211

Pg ID 7610

~

2)16/2017

GROUP 4. $ 25.55

22.85

POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Backhoe/ Excavator, Boring Machine, Bulldozer, Crane, Grader! Blade, Loader, Roller, Scraper, Trencher (over 8 ft. digging capacity) GROUP 2: Trencher

(8—ft digging capacity and smaller)

GROUP 3: Boom Truck

(non—swinging,

non— powered type boom)

GROUP 4: Broom! Sweeper, Fork Truck, Tractor, Bobcat! Skid Steer /Skid Loader

ENG10326—011 06!Ol!20l4 EXCLUDES UNDERGROUND CONSTRUCTION Rates OPERATOR: Group Group Group Group Group Group

Power Equipment 1 2 3 4 5 6

$ $ $ $ $ $

29.09 28.84 27.74 22.94 22.34 19.89

Fringes

21.70 21.70 21.70 21.70 21.70 21.70

FOOTNOTES: Crane operator per hour above Crane operator per hour above

with main the group with main the group

boom and jib 300’ or longer: 1 rate. boom and jib 400’ or longer: 1 rate.

$1.50 $3.00

PAID HOLIDAYS: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Crane operator with main boom and jib 400’, 300’, or 220’ or longer.

GROUP 2: Crane operator with main boom and jib 140’ or longer, tower crane, gantry crane, whirley derrick GROUP 3: Backhoe!Excavator; Boring Machine; Bulldozer; Crane; Graderi’Blade; Loader; Roller; Scraper; Tractor; Trencher GROUP 4: Bobcat/’Skid Loader; Broom/’Sweeper; 20’ lift)

Fork Truck (over

GROUP 5: Boom truck (non-swinging) GROUP 6: Fork Truck

(20’

lift and under for masonry work)

https:/Mw.~dd.govMc1d/scaflIes/da.isbaoo&MI57.thb?~=1

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2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 171 of 211 2116/2017

Pg ID 7611

https://%s~,.wloI.g o~1~oI/scafiIes/d&sbacort’MI57.d~b?~ 1

1R0N0025—006 06/01/2015 Rates IRONWORKER Reinforcing Structural

Fringes

$ 28.30

24.60

$ 33.78

27.84

LABOO334—009 06/01/2015 EXCLUDES OPEN CUT CONSTRUCTION

Rates Landscape Laborer GROUP 1 GROUP 2

Fringes

$ 19.76 $ 15.54

9.15 9.15

LANDSCAPE LABORER CLASSIFICATIONS GROUP 1: Landscape specialist, including air, gas and diesel equipment operator, lawn sprinkler installer and skidsteer (or equivalent) GROUP 2; Landscape laborer: small power tool operator, material mover, truck driver and lawn sprinkler installer tender

LAB00334—015 09/01/2014 SCOPE OF WORK: OPEN CUT CONSTRUCTION: Excavation of earth and sewer, utilities, and improvements, including underground piping/conduit (including inspection, cleaning, restoration, and relining)

Rates LABORER (1) Common or General (2) Mason Tender— Cement/Concrete (4) Grade Checker (5) Pipelayer (7) Landscape

Fringes

$ 20.64

12.75

$ $ $ $

12.75 12.75 12.75 12.75

20.78 20.95 21.09 15.54

LABO1O75—010 06/01/2016 EXCLUDES OPEN CUT CONSTRUCTION Rates

Fringes

LABORER https:/M’.wJd.go~A~doI/scafiIesfda~4sbaconIMI57thb?~1

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Common or General; Grade Checker; Mason Tender Cement/Concrete; Pipelayer. .$ 22.51 —

13.28

PA1N1052—003 06/01/2016 Rates PAINTER Brush & Roler Spray

Fringes

$ 24.45 $ 25.80

11.25 11.25

PLASOO16—016 04/01/2014 Rates

Fringes

CEMENT MASON/CONCRETE FINISHER.. .$ 25.58

12.88

PLtJMO37Q—006 06/01/2016 Rates PLUMBER/PIPEFITTER *

$

Fringes

36.11

19.65

TEAM0007—006 06/01/2016 Rates

Fringes

TRUCK DRIVER Dump Truck under 8 cu. yds.; Tractor Haul Truck... .$ 24.90 Dump Truck, 8 cu. yds. and over $ 25.00 Lowboy/Semi—Trailer Truck.. .$ 25.15

.50

+

a+b

.50 .50

+

a+b a±b

+

FOOTNOTE: a. $438.45 per week. b. $61.90 daily.

SUMI2O1O—055 11/09/2010 Rates TRUCK DRIVER: Truck

Fringes

Off the Road $ 20.82

3.69

WELDERS Receive rate prescribed for craft performing operation to which welding is incidental.

—

Note: Executive Order CEO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis—Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017.

If this contract is covered by the EO, the contractor must provide htt~:/M~.wdd.g ovM~dfsoafl Ieslda’Asbacon/M 157.thb?v1

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employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health—related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health—related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.

Additional information on contractor requirements and worker protections under the EQ is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii))

The body of each wage determination lists the classification and wage rates that have been found to he prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of “identifiers” that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than “SW’ or “UAVG” denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUMQ19S—005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers Classifications listed under the “So” identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that ~

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classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non—union rates. Example: SULA2O12—007 5/13/2014. SO indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers Classification(s) listed under the tJAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG—OH—D010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A OAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS 1.) be:

Has there been an initial decision in the matter? This can

*

an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on

*

a wage determination matter a conformance (additional classification and rate)

* *

ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis—Bacon survey program. If the response from this initial contact Is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations.

Write to: https://~i.~dd .govlwicl/scafileslda’Asbacvn/M I57.cNb?’~= 1

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Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested partyâ&#x20AC;&#x2122;s position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) Write to: .

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)

All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

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29 CFR Part 5

â&#x20AC;&#x201D;

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Labor Standards Provisions for Federally Assisted Projects

§ 5.5 Contract provisions and related matters. (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1 )(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which ,cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employerâ&#x20AC;&#x2122;s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1 )(ii) of this section) and the Davis-Bacon poster (WH-1 321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 3 Rev. 3/2015

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(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(Ni) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 4 Rev. 3/2015

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1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the proiect). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(H)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR &5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employeeâ&#x20AC;&#x2122;s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http:llwww.dotpov/whd/forms/wh347.pdf or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a â&#x20AC;&#x153;Statement of Compliance,â&#x20AC;? signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 5 Rev. 312015

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(1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the â&#x20AC;&#x153;Statement of Complianceâ&#x20AC;? required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (Ăźi) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Furthermore, failure to sUbmit the~required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

-

(4) Apprentices and trainees--U) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its

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program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(H) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of wàrk actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(Hi) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

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(7) Contract termination: debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(6) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractorâ&#x20AC;&#x2122;s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1).

(H) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.1 2(a)(1). (iH) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible there for shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

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(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records, to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

9 Rev. 3/2015

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 183 of 211

Pg ID 7623

Disadvantaged Business Enterprises (OBE) Prime contractors bidding on this prolect must follow, document, and maintain documentation of their Good Faith Efforts, as listed below, to ensure that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of procurement efforts and outreach. Bidders must make the following Good Faith Efforts for any work that will be subcontracted.

1.

Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. Place DBE5 on solicitation lists and solicit DEEs whenever they are potential sources.

2.

Make information on forthcoming opportunities available to DBE5. Arrange timeframes for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. Whenever possible, post solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. The DBEs should be given a minimum of 5 days to respond to the posting.

3.

Consider in the contracting process whether firms competing for large contracts can be subcontracted with DBEs. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

4.

Encourage contracting with a consortium of DBEs when a contract is too large for one DBE firm to handle individually.

5.

Use the services and assistance of the Small BusinessAdministration and the Minority Business Development Agency of the U.S. Department of Commerce.

Subsequent to compilance with the Good Faith Efforts, the following conditions also apply under the DBE requirements. Completed Good Faith Efforts Worksheets (Attachment 1), along with the required supporting documentation outlined in the instructions, must be submitted with your bid proposal. EPA form 6100-2 must also be provided at the pre-bid meeting. A copy of this form is available on the Forms and Guidance page of the Revolving Loan website.

1.

The prime contractor must pay its subcontractor for work that has been satisfactorily completed no more than 30 days from the prime contractorâ&#x20AC;&#x2122;s receipt of payment from the owner.

2.

The prime contractor must notify the owner in writing prior to the termination of any DBE subcontractor for convenience by the prime contractor and employ the Good Faith Efforts if soliciting a replacement contractor.

3.

If a DBE contractor fails to complete work under the subcontract for any reason, the prime contractor must employ the Good Faith Efforts if soliciting a replacement contractor.

4.

The prime contractor must employ the Good Faith Efforts.

10 Rev. 3/2015

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 184 of 211

Pg ID 7624

Debarment Certification The prime contractor must provide a completed Certification Regarding Debarment, Suspension, and Other Responsibility Matters Form with its bid or proposal package to the owner (Attachment 2).

11 Rev. 3)2015

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 185 of 211

Attachment I Disadvantaged Business Enterprise (DBE) Utilization GOOD FAITH EFFORTS WORKSHEET

Pg ID 7625

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 186 of 211

Pg ID 7626

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 187 of 211

Pg ID 7627

Michigan Department of Environmental Quality Office of Drinking Water and Municipal Assistanceâ&#x20AC;&#x201D; Revolving Loan Section Disadvantaged Business Enterprise (DUE) Utilization State Revolving Fund/Drinking Water Revolving Fund GOOD FAITH EFFORTS WORKSHEET Bidder: Subcontract Area of Work (one per worksheet:_________________________________________________ Outreach Goal: Solicit a minimum of three (3) DBEs via emaillletter/fax. It is recommended that various sources be used to locate the minimum number of DBEs. The Michigan Department of Transportation (MDOT) website and www.sam.gov registries maybe two resources used to fâ&#x20AC;&#x2122;md a minimum of three DBEs. List the DBEs contacted for the above area of work and complete the following information for each DEE. Company Name

Type of Contact

Date of Contact

Price Quote Received

Accepted!

Rejected DA DR GA DR GA DR GA DR GA DR GA DR

Please Explain if Rejected

Explanation for Not Achieving a Minimum of Three Contacts; you may include a printout of the MDOT and www.sam.gov search results (attach extra sheets if necessary):

MITA DBE Posting Date (if applicable): (attach a copy of the DBE advertisement)

_______________________________

Other Efforts (attach extra sheets if necessary):

Please include the completed worksheet and supporting documentation with the bid proposal.

Rev.3-2015 Rick Snyder, Governor

Dan

Wyant, Director

Authorized under Parts 53 & 54 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. www.michigangov/dcq

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 188 of 211

Pg ID 7628

Michigan Department of Environmental Quality Office of Drinking Water and Municipal Assistance— Revolving Loan Section Disadvantaged Business Enterprise (DBE) Utilization State Revolving Fund/Drinking Water Revolving Fund GOOD FAITH EFFORTS WORKSHEET Instructions to Bidders for the Completion of the Good Faith Efforts Worksheet Separate worksheets must be provided for each area of work to be subcontracted out. This includes both major and minor subcontracts.

2.

A minimum of three (3) DBEs must be contacted by a verifiable means of communication such as e-mail, letter, or fax for each area of work to be subcontracted out. Copies of the solicitation letters/e-mails and fax confirmation sheets must be provided with the worksheet.

3.

If less that three (3) DEEs exist statewide for the area of work, then provide documentation that other DEE resources were consulted. This may include the MDOT and www.sam.gov registries and an advertisement is a publication. A printout of the website searched (conducted prior to the end of the bid period) must be submitted.

4.

Posting solicitations for quotes/proposals from DEEs on the MITA website (www.mitadbe.com) is highly recommended to facilitate participation in the competitive process whenever possible.

The solicitation needs to identify the project and the areas of work to be subcontracted out. A copy of the M~lTA DEE advertisement must be submitted with the Good Faith Efforts worksheet, if used, or a printout of the resulting quotes posted to the MITA website can be submitted with this form as supporting documentation.

5.

If the area of work is so specialized that no DEEs exist, then an explanation is required to support that conclusion, including the documentation required in No. 3 above.

6.

The date of the DEE contact must be identified, is it is important to document that the DEE solicitation was made during the bid period and that sufficient time was given for the DEE to return a quote.

7.

Each DEE firm’s price quote must be identified if one was received or N/A entered on the worksheet if a quote was not received. Copies of all quotes must be submitted with the worksheet.

8.

If a quote was received, indicate if it was accepted or rejected. Justification for not accepting a quote and not using the DEE subcontractor must be provided.

9.

Under Other Efforts, please indicate additional steps you have taken to obtain DUE contractors and provide the appropriate supporting documentation such as: • Follow-up c-mails, faxes, or letters.

• Copies of announcements/postings in newspapers, trade publications, or minority media that target DEE firms.

Rev. 3-2015 Rick Snyder, Governor

DEØ,

Dan

wyant, Director

Authorized under Parts 53 & 54 of the Natural Resources and Environmental Protection Act, 1994 PA 45 J,as amended. www.michigan.gov/dcq

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 189 of 211

Attachment 2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Pg ID 7629

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 190 of 211

Pg ID 7630

Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies, to the best of its knowledge and beliet that it and its principals: (1)

Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal nonprocurement programs by any federal department or agency;

(2)

Have not, within the three year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3)

Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) and have not, within the three year period preceding the proposal, been convicted of or had a civil judgment rendered against it: (a)

For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction;

(b)

For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c)

For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. ยง1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative

Date

C I am unable to certify to the above statement. Attached is my explanation.

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 191 of 211

Attachment 3 Frequently Asked Questions About Disadvantaged Business Enterprise (DBE) Solicitation

Pg ID 7631

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 192 of 211

Pg ID 7632

Disadvantaged Business Enterprise (DBE) Requirements Frequently Asked Questions Regarding Contractor Compliance Q: What is the Good Faith Efforts Worksheet form and how is it to be completed?

A: This form captures efforts by the prime contractor to solicit DBEs for each area of work type that will be subcontracted out. A separate Good Faith Efforts Worksheet must be provided by the prime contractor for each area of work type to be subcontracted out. There are specific instructions that accompanythis form that prescribe minimum efforts which bidders must make in order to be in compliance with the DBE requirements.

Q: Can non-certified DBEs be used?

A: While non-certified DBEs can be used, only DBEs, MBEs, and WBEs that are certified by EPA, SBA, or MOOT (or by tribal, state and local governments, as long as their standards for certification meet or exceed the standards in EPA policy) can be counted toward the fair share goal. Proof of certification by one of these recognized and approved agencies should be sought from each DBE. Q: How does a DBE get certified?

A: Applications for certification under MDOT can be found at http://mdotjboss.state.mi.us/uCp/LearnHowse~Iet Applications for certification under EPA can be found on EPAâ&#x20AC;&#x2122;s Small Business Programs website at http:/Iwww.epa.pov/osbp/dbe firm.htm under Certification Forms.

Q: If a bidder follows the MDOT DBE requirements, will the bidder be in compliance with the SRF/DWRF DBE requirements?

A: No. Federally funded highway projects utilize DBE goals, which require that a certain percentage of work be peiformed by DBE subcontractors. For SRF/DWRF projects,, there is no financial goal. However, there is a solicitation effort goal. Bidders must use Good Faith Efforts for each and every area of work to be subcontracted out to obtain DBEs. The bidders are not required to use OBEs if the quotes are higher than non-DBE subcontractors.

There is no required OBE participation percentage contract goal for the SRFIOWRF. However, if the SRF/DWRF project is part of a joint project with MDOT, the project can be excluded from SRF/DWRF DBE requirements (i.e., the Good Faith Efforts Worksheet is not required) as it would be difficult to comply with both programsâ&#x20AC;&#x2122; requirements.

Q. Must the Good Faith Efforts Worksheet and supporting documentation be turned in with the bid proposals?

A: Yes. This is a requirement to document that the contractor has complied with the DBE requirements and the Good Faith Efforts. These compliance efforts must be done during the bidding phase and not after-the-fact. It is highly recommended that the need for these efforts and the submittal of the forms with the bid proposals be emphasized at the pre-bid meetings. Failure to show that the Good Faith Efforts were complied with during the bidding process can lead to a prime contractor being found non-responsive.

Q: Does EPA form 6100-2 need to be provided at the pre-bid meeting?

A: Yes. The form must be made available at the pre-bid meeting.

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 193 of 211

Pg ID 7633

Q: What kinds of documentation should a contractor provide to document solicitation efforts?

A: Documentation can include fax confirmation sheets, copies of solicitation letters/e-mails, printouts of online solicitations, printouts of online search results, affidavits of publication in newspapers, etc.

Q: How much time will compliance with the Good Faith Efforts require in terms of structuring an adequate bidding period?

A: Due to the extent of the efforts required, a minimum of 30 calendar days is recommended between bid posting and bid opening to ensure adequate time for contractors to locate certified DBEs and solicit quotes.

0: How does a contractor locate certified DBEs? A: The Michigan Department of Transportation has a directory of all Michigan certified entities located at http:llmdotiboss.state.mi.us/jjCp/. Additionally, the federal System for Award Management (SAM) is another place to search and can be found at www.sam.gov. SAM contains information from the former Central Contractor Registration (CCR) database.

0: If the bidder does not intend to subcontract any work, what forms, if any, must be provided with the bid proposal?

A: The bidder should complete the Good Faith Efforts Worksheet with a notation that no subcontracting will be done. However, if the bidder is awarded the contract and then decides to subcontract work at any point, then the Good Faith Efforts must be made to solicit DBEs. 0: In the perfect world, the. Good Faith Efforts Worksheet is required to be turned in with the proposal. What if no forms are turned in with the bid proposal or forms are blank or incomplete? Should this be cause to determine that the bidder is non-responsive?

A: While the Good Faith Efforts Worksheet is important, it is more critical to confirm that the contractor complied with the DBE requirements prior to bid opening. The owner should contact the bidder as soon as deficiencies are noted for a determination/documentation of efforts taken to comply with the DBE requirements. Immediate submittal of the completed forms will be acceptable provided the Good Faith Efforts were made and it is just a matter of transferring information to the forms.

Q: If the prime contractor is a OBE, does he have to solicit DBE subcontractors?

A: Yes, the DBE requirements still apply if the prime intends to subcontract work out. Good Faith Efforts must be used to solicit DBEs. 0: If the area of work is one where there are less than three DBE contractors, how is the contractor to document this?

A: Copies of printouts from MOOT and SAM showing no DBEs and advertisements soliciting quotes for all subcontract areas, including the questionable areas, will be adequate if the dates on the printouts are prior to the bid or proposal closing date.

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 194 of 211

Pg ID 7634

EXHIBIT F to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 195 of 211

Pg ID 7635

84( %BUF 4JHOFE 'FCSVBSZ

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 196 of 211

Pg ID 7636

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 197 of 211

Pg ID 7637

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 198 of 211

Pg ID 7638

EXHIBIT G to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 199 of 211

Pg ID 7639

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 200 of 211

Pg ID 7640

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 201 of 211

Pg ID 7641

EXHIBIT H to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 202 of 211

Pg ID 7642

Properly Used Filters Protect Flint Residents from Lead in Water August 1, 2016

epa.gov/Flint

Installing Your Filter & Replacement Cartridges

STEP 1:

Remove aerator from faucet.

STEP 4:

Insert filter cartridge (or replacement) into filter cup. unscrew cap

filter cup

STEP 2:

Determine if you need an adaptor.

Some faucet mounted base units require an adaptor. See filter manual for more details.

STEP 5:

Run cold water through the filter for 5 minutes to flush and activate the cartridge.

STEP 3:

OFF

Attach the base system to the faucet. To attach, some units are twist-on and some are snap-on. unfiltered

ON

filtered

flip lever

Look for the NSF/ANSI 53 Certification Mark to reduce lead.

The U.S. EPA does not endorse NSF International, its products, services, or any product or service that displays the NSF International mark. U.S. EPA does not certify the product. U.S. EPA is aware that the certification mark belongs to an independent organization that certifies these products, and that there are other third party testing services including UL and WQA.

Pick up filters: flintcares.com/pods or call: 211

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 203 of 211

Using Filters

Pg ID 7643

Remember:

▶ DO check if it is NSF Certified to remove lead.

▶ DON’T cook with

▶ DO run only cold water through the filter.

▶ DON’T run hot water

▶ DO drink & brush teeth with filtered water.

▶ Boiling Water DOES NOT

▶ DO check indicator often.

unfiltered water. through the filter.

Remove Lead Pick up filters: flintcares.com/pods or call: 211

Change replaceable cartridge when indicator* turns red (o).

Read the report on filter effectiveness at https://www.epa.gov/flint/filter-study

o green=cartridge working o yellow=change cartridge soon o red=change cartridge now * Indicators will vary. See your filter manual.

What else should I do?

Every morning

Run unfiltered cold water for at least 5 minutes to flush the pipes.

Every week Clean the aerators in all faucets and clean the screens in your water filters.

5

mins

remove filter unit, turn up-side-down and gently tap out any debris after use

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 204 of 211

Pg ID 7644

EXHIBIT I to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 205 of 211 Using Unfiltered Water Don’t Cook

Water Smarts Don’t run

FLUSH PIPES

hot water

through YOUR WATER filter Don’t drink

Don’t Brush

Pg ID 7645

Change filter cartridge when the light turns red or Once a Month

5 minutes every morning with unfiltered, cold water.

clean aerators

in all faucets WEEKly by Rinsing dirt from screen

flintcares.com • Call 2-1-1

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 206 of 211

filterFacts

nM ake sure the filter is NSF-Certified* to remove lead.

n Follow the manual that comes with your filter for correct installation.

Pg ID 7646

You can run Unfiltered water With the filter attached

Lever in off position.

Unfiltered water flows under faucet.

n Do not run hot water through the filter. nS tart with cold filtered water then heat to cook. n Your hot water heater tank should be flushed regularly. Follow manufacturerâ&#x20AC;&#x2122;s instructions or contact a licensed professional for assistance. n For a video on how to properly use a filter visit Flintcares.com

* The U.S. EPA does not endorse NSF International, its products, services, or any product or service that displays the NSF International mark. U.S. EPA does not certify the product. U.S. EPA is aware that the certification mark belongs to an independent organization that certifies these products, and that there are other third party testing services including UL and WQA.

Turn lever for filtered water to flow from under the cartridge Change Filter when indicator turns yellow, orange or red.

Lever in ON position.

Filtered water flows under cartridge.

flintcares.com â&#x20AC;˘ Call 2-1-1

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 207 of 211

Pg ID 7647

EXHIBIT J to Settlement Agreement Concerned Pastors for Social Action et al. v. Khouri et al., 16-cv-10277 (E.D. Mich.)

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 208 of 211

Pg ID 7648

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CONCERNED PASTORS FOR SOCIAL ACTION; MELISSA MAYS; AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN; and NATURAL RESOURCES DEFENSE COUNCIL, INC., Plaintiffs, v.

Case No. 16-10277 Hon. David M. Lawson Mag. J. Stephanie Dawkins Davis

NICK A. KHOURI, in his official capacity as Secretary of Treasury of the State of Michigan; FREDERICK HEADEN, in his official capacity as Chairperson of the Flint Receivership Transition Advisory Board; MICHAEL A. TOWNSEND, in his official capacity as Member of the Flint Receivership Transition Advisory Board; JOEL FERGUSON, in his official capacity as Member of the Flint Receivership Transition Advisory Board; MICHAEL A. FINNEY, in his official capacity as Member of the Flint Receivership Transition Advisory Board; SYLVESTER JONES, in his official capacity as City Administrator; and CITY OF FLINT, /

Defendants.

STIPULATION Plaintiffs and Defendants in the above-captioned matter, along with the State of Michigan and the Michigan Department of Environmental Quality, have agreed to a resolution of this case. Plaintiffs and Defendants, along with the State of 1

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 209 of 211

Pg ID 7649

Michigan and the Michigan Department of Environmental Quality, therefore hereby stipulate to the Courtâ&#x20AC;&#x2122;s entry of an order that: (a) incorporates the terms of the Settlement Agreement attached as Exhibit 1; (b) retains jurisdiction to enforce the terms of the Settlement Agreement; and (c) dismisses the case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). This stipulation is in accord with Federal Rule of Civil Procedure 41(a)(2).

Plaintiffs and Defendants, along with the State of Michigan and the Michigan Department of Environmental Quality, further request a hearing on this Stipulation and the attached Settlement Agreement.

Dated:

March 27, 2017

Respectfully submitted,

/s/ Dimple Chaudhary___________ Dimple Chaudhary Jared E. Knicley Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 (202) 289-2385 dchaudhary@nrdc.org jknicley@nrdc.org

/s/ Richard Kuhl (with consent)______ Richard S. Kuhl (P42042) Nathan A. Gambill (P75506) Environment, Natural Resources, and Agriculture Division Michael F. Murphy (P29213) Joshua O. Booth (P53847) State Operations Division Assistant Attorneys General G. Mennen Williams Building 525 West Ottawa Street Lansing, MI 48933 (517) 373-7540 kuhlr@michigan.gov gambilln@michigan.gov murphym2@michigan.gov boothj2@michigan.gov

Sarah C. Tallman Natural Resources Defense Council 20 North Wacker Drive, Suite 1600 Chicago, IL 60606 (312) 651-7918 stallman@nrdc.org Michael E. Wall Natural Resources Defense Council 111 Sutter Street, 21st Floor

Counsel for Defendant State Treasurer, Defendant Members of the Flint 2

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 210 of 211

San Francisco, CA 94104 (415) 875-6100 mwall@nrdc.org

Pg ID 7650

Receivership Transition Advisory Board, Michigan Department of Environmental Quality, and the State of Michigan

Counsel for Plaintiffs Concerned Pastors for Social Action, Melissa Mays, and Natural Resources Defense Council, Inc.

/s/ Sheldon H. Klein (with consent)___ Frederick A. Berg, Jr. (P38002) Sheldon H. Klein (P41062) 150 West Jefferson Street, Suite 100 /s/ Michael J. Steinberg__________ Detroit MI 48226 (313) 225-7000 Michael J. Steinberg (P43085) American Civil Liberties Union Fund of bergf@butzel.com klein@butzel.com Michigan 2966 Woodward Avenue Detroit, MI 48201 Counsel for Defendant City of Flint (313) 578-6814 /s/ William Y. Kim (with consent)___ msteinberg@aclumich.org William Y. Kim (P76411) City of Flint Law Department Counsel for Plaintiff American Civil 1101 South Saginaw Street, 3rd Floor Liberties Union of Michigan Flint MI 48502 /s/ Glenn M. Simmington________ (810) 766-7146 wkim@cityofflint.com Glenn M. Simmington (P33626) Law Office of Glenn M. Simmington, PLLC Counsel for Defendants City of Flint Mott Foundation Building and Sylvester Jones 503 South Saginaw Street, Suite 1000 /s/ Eugene Driker (with consent)___ Flint, MI 48502 (810) 600-4211 Eugene Driker (P12959) gsimmington@gmail.com Todd R. Mendel (P55447) Special Assistant Attorneys General for Governor Richard D. Snyder Counsel for Plaintiff Melissa Mays Barris, Sott, Denn & Driker, PLLC 333 West Fort Street, Suite 1200 Detroit, MI 48226 (313) 965-9725 edriker@bsdd.com tmendel@bsdd.com Counsel for Richard D. Snyder, 3

2:16-cv-10277-DML-SDD Doc # 147-2 Filed 03/27/17 Pg 211 of 211

Pg ID 7651

Governor of the State of Michigan

4