GCAA UST Removal Disposal RFP Packet-Final.pdf

Gratiot Community Airport Authority

214 E. Center Street, Ithaca, MI 48847

Request for Proposal

Underground Storage Tanks (USTs) Removal & Disposal Issue Date: September 25, 2024

Deadline: October 11, 2024, By 4:00 P.M. EST

Purpose and Background The Gratiot Community Airport located at 3999 West Seaman Road, Alma, Michigan has installed a new above-ground Jet A and 100 Octane Low Lead Gasoline fuel system. The Gratiot Community Airport Authority (GCAA) is requesting bids for the removal and disposal of two underground storage tanks (USTs).

The existing two underground storage tanks (USTs) are registered as 12,000-gallon capacity single-walled cathodically protected steel tanks containing Jet Fuel A and 100 Octane Low Lead gasoline.

The tanks are partially buried and approximately 265 feet of double-walled product piping feeds the fueling system adjacent to the tarmac. This proposal request will outline the scope of services to remove the USTs and inner product piping at the site.

The intent of Removal of Underground Storage Tanks has been filed and processed by the Department of Licensing and Regulatory (LARA), BFS, and Storage Tank Division. See the attached document.

Scope of Work

1. Oversee the removal of the USTs and fueling system next to the Airport tarmac. This will include all items that need to be removed, including unloading sumps, piping sumps, electrical piping, metal building, concrete by tarmac, and other related support equipment (see attached photos).

2. Provide detailed Consulting Services and USTs Removal Services in the Proposal.

3. Collect the soil and or groundwater samples required by the Bureau of Fire Services (BFS) to close the UST. The fueling station at the tarmac is located approximately 265 feet from the UST “basin” as such an estimated 9 soil samples along the piping run to meet BFS requirements (every 30 feet). Assuming clean closure will also require two samples beneath each UST (a total of 4 soil samples) as required by the BFS.

4. Analyze the 13 soil samples collected for the analytical parameters.

5. Prepare the Amended UST registration to close the USTs in the LARA database.

6. Prepare the UST Closure Assessment Document to Close the site in the BFS system.

7. If environmental pollutants are not detected in the soil samples collected during the UST removal activities, the contractor will submit a site characterization report to the BFS to close the USTs.

8. Obtain necessary permits and approvals from local and state authorities.

Other Requirements

1. The contractor must have experience in UST removal and disposal.

2. All work must meet the requirements of the Bureau of Fire Services (BFS), Part 211, Underground Storage Tank Regulations, Act 451 of 1994, as amended, and the Michigan Underground Storage Tank Rules (MUSTR).

Site Visit There will be non-mandatory site visits on:

Thursday, October 3, 2024, from 1:00 P.M. – 4:00 P.M. EST Airport Address: 3999 W. Seaman Road, Alma, MI 48801

RFP Questions:

Bidders who have questions on this project can contact:

Dennis McDonald, Airport Manager Email: 3pointaviation@gmail.com Phone: 517-331-7594

Timeline, Delivery Method, and Contact Information Detailed proposal and contractor response form shall be emailed on or before October 11, 2024, by 4:00 P.M. EST, to: procurement@gratiotmi.com mailto:3pointaviation@gmail.com

Contractor Response Form

The undersigned hereby declares that the instructions and specifications, including all Agreements and exhibits have been carefully examined, and the Underground Storage Tanks (USTs) Removal & Disposal at 3999 West Seaman Road, Alma, Michigan, Gratiot County, State of Michigan, will be done for the prices set forth in this bid. It is understood and agreed that all bid prices shall remain in effect for at least ninety (90) days from the date of the bid opening to allow for the award of the bid and that if chosen the bid price remains firm. The undersigned bidder further agrees and understands that the Gratiot Community Airport Authority (GCAA) reserves the right to reject all bids and the right to waive irregularities in bidding if it determines such action to be in the best interest of the GCAA.

Company Name:__________________________________________________________________

Address:________________________________________________________________________

Phone:______________________________

Email:_______________________________

$_____________Cost for Underground Storage Tanks (USTs) Removal & Disposal

______________Estimated start after receiving notice of bid award

______________Length of time to complete the job

Please attach a detailed proposal that includes the scope of services in the request for proposal packet. Respondent hereby certifies that the information provided in their submittal to the Gratiot Community Airport Authority is accurate and complete, and they are duly authorized to sign.

Respondent hereby certifies that they have reviewed the Request for Proposal, Underground Storage Tank (USTs) Removal & Disposal Service Agreement, and all exhibits including the required federal and state provisions, in their entirety and accepts its terms and conditions.

Signed: ___________________________________________ Date: ______________

Print name: _____________________________________________________________

Title: __________________________________________________________________

Timeline, Delivery Method, and Contact Information

October 11, 2024, at 4:00 P.M. EST, to: procurement@gratiotmi.com

If you have any questions about this project, please contact:

Dennis McDonald, Airport Manager Email: 3pointaviation@gmail.com Phone: 517-331-7594

Department of Licensing and Regulatory Affairs, Bureau of Fire Services, Storage Tank Division

P.O. Box 30033. Lansing, MI 48909

Phone 517-241-8847, Fax 517-332-1428

INTENT OF REMOVAL, CLOSURE OR CHANGE-IN-SERVICE OF UNDERGROUND STORAGE TANKS

This information is required pursuant to Part 211, Underground Storage Tank Regulations, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

HMSI : Rick Dennis IOC#: IRCC-000119-24

Fee Balance: $0.00 FACILITY NUMBER: 00008655

I. OWNERSHIP OF TANKS II. LOCATION OF TANKS

NAME OF OWNER: McDonald Air Services STREET ADDRESS : 4616 W. Parks Rd.

CITY: Saint Johns STATE: MI ZIP: 48879

FACILITY NAME: Three Point Aviation LLC

ADDRESS: 3999 W SEAMAN RD, ALMA, MI 48801

CONTACT: PHONE: 5173317594 CONTACT: Dennis McDonald PHONE: 5173317594

NOTIFICATION SUBMITTED BY: Dennis McDonald COMPANY: McDonald Air Services LLC

DATE NOTIFICATION SUBMITTED: 08/08/2024 PHONE: 5173317594

THIS IS NOT A REGISTRATION FORM. AN AMENDED TANK REGISTRATION FORM, BFS-3821, AND A COMPLETE SITE ASSESSMENT (Form BFS-3881) MUST BE FILED WITH THE BUREAU OF FIRE SERVICES, STORAGE TANK DIVISION, TO REMOVE THE LISTED TANKS

FROM THE BILLING CYCLE.

BUREAU OF FIRE SERVICES - APPROVAL NOTICE

Approval is given to perform the indicated activity at the above facility location. Action indicated above may commence on or after 09/07/2024

Expiration Date: 03/06/2025 If action is not taken by the expiration date, you must submit another notification.

Authorizing BFS Staff: Jessica Steward Date Approval Sent to Owner:

REPORTING REQUIREMENTS;

An underground storage tank (UST) subject to Part 211, Underground Storage Tank Regulations, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, (Act 451) must be registered by the current owner and have all fees paid to be considered registered with the BFS.

A site assessment shall be conducted during the closure/change-in-service, with results sent to the BFS along with the form provided. The owner/operator must also submit an amended registration form notifying the BFS of completion of closure/change-in-service within 30 days after the date of the closure/change-in-service.

INSURANCE REQUIREMENTS:

Pursuant to Section 21107 of Part 211, a person who removes USTs shall maintain pollution liability insurance of not less than $1,000,000 per occurrence.

CONFIRMED RELEASE:

A confirmed or suspected release must be reported to the BFS within 24 hours. A confirmed release waives the requirements of submitting https://lara-prod-av.accela.com:443/portlets/reports/adHocReport.do?mode=deepLink&reportCommand=recordDetail&altID=IRCC-000119-24 this form, waiting 30 days, and conducting a site assessment. Once reported, the owner/operator will be informed regarding rules for further testing and cleanup activities. Releases may be reported by fax to 517-332-1428 or called in to 517-335-7210.

CLOSURE OF TANKS:

Tanks shall be emptied of all liquid and accumulated sludge and purged of all vapors. Piping shall be emptied of all liquid and sludge, purged and capped, or removed from the ground. Permanent closure requires removal of the UST from the ground, unless it can be documented that removal of the UST would cause damage to a permanent structure. The tank can be closed-in-place after the 30 day waiting period provided that the required documentation is placed in the owner’s file. If closure in place is necessary, the tank must be emptied of liquid, sludge and vapors and filled 100 percent with inert solid material (sand, fly-ash concrete or pea gravel). Piping shall be closed as indicated above. A site assessment report is still required if tanks are closed-in-place.

CHANGE-IN-SERVICE:

A change-in-service is defined as going from the storage of a regulated substance to an unregulated substance. The tank must be cleaned and purged as stated above, and a site assessment must be performed prior to the introduction of the unregulated substance.

NOTIFICATION:

Per R 29.2153(d) of the administrative rules promulgated under Part 211 of Act 451, the owner/operator shall notify the Hazardous Materials Storage Inspector Rick Dennis 616-841-8654 not less than two working days prior to the work being performed.

If you have questions regarding the above instructions, please contact the BFS, Storage Tank Division, at 517-335-7210.

TANK INCLUDED IN INTENT OF REMOVAL, CLOSURE OR CHANGE-IN-SERVICE OF UNDERGROUND

STORAGE TANKS

FOR INTENT OF CLOSURE NUMBER IRCC-000119-24

TANK NUMBER

UTK-075968-15

PRODUCT LAST

STORED

Jet-A

SIZE OF TANK

12000

PIPING TO BE

REMOVED

Yes

ACTION TO BE TAKEN

Remove from Ground

COMMENTS;

FOR INTENT OF CLOSURE NUMBER IRCC-000119-24

TANK NUMBER

UTK-031291-15

PRODUCT LAST

STORED

100 LL

SIZE OF TANK

12000

PIPING TO BE

REMOVED

Yes

ACTION TO BE TAKEN

Remove from Ground

COMMENTS;

https://lara-prod-av.accela.com:443/portlets/reports/adHocReport.do?mode=deepLink&reportCommand=recordDetail&altID=IRCC-000119-24 https://lara-prod-av.accela.com:443/portlets/reports/adHocReport.do?mode=deepLink&reportCommand=recordDetail&altID=IRCC-000119-24

Underground Storage Tanks (USTs) Photos

Underground Piping Sump – South Side of Tanks

100LL Pump and Cover

Fuel Tanks Loading Area with Sumps

100LL Tank Manhole Cover

Jet A Manhole Cover

100LL and Jet A Tank Sumps

Fueling Station by Tarmac – South Side

Fueling Station by Tarmac – West Side

UNDERGROUND STORAGE TANKS (USTs) REMOVAL & DISPOSAL

SERVICE AGREEMENT

This contract (referred to as “Contract” or “Agreement” throughout) is entered into this [effective date], by and between the Gratiot Community Airport Authority an entity formed pursuant to Michigan law, whose address is 214 E.

Center Street, Ithaca, MI 48847 (herein referred to as the “GCAA”), and [contractor name], whose address is [contractor address], (herein referred to as the “Contractor”).

RECITALS

WHEREAS, GCAA desires to engage the Contractor to remove and dispose of two underground storage tanks (USTs) Services (hereinafter “services”) related to the property of the Gratiot Community Airport at 3999 West Seaman Road, Alma, Michigan, 48801 as identified herein;

WHEREAS, GCAA has complied with applicable procurement requirements regarding the selection of contractors for the services;

WHEREAS, this Agreement will be governed by the laws of the State of Michigan including all applicable Federal and State statutes and regulations incorporated into this Contract;

WHEREAS, the GCAA desires to enter into an agreement with the Contractor as herein provided to assure the provision of the services for the designated project properties; and

NOW, THEREFORE, the parties hereto do mutually agree as follows:

1. SELECTION OF CONTRACTOR. Contractor is authorized under Michigan law to engage in the services that are being contracted for herein. The GCAA agrees to engage the Contractor, and the Contractor agrees to provide the services for the prices as set forth in its RFP response, subject to the terms set forth in the said proposal, which is incorporated by reference herein as Exhibit 1 (Proposal). All prices shall be as set forth in the Contractor’s response to the proposal and the terms of the RFP response are hereby incorporated in their entirety by reference herein as Exhibit 2 (Contractor Response). Compensation outlined in Exhibit 2 shall serve as all compensation that GCAA will provide to Contractor.

2. INDEPENDENT CONTRACTOR. The contractor’s relationship to GCAA shall be that of an independent contractor and not of an officer, employee, or agent of GCAA. The GCAA shall have no liability to the Contractor except to compensate the Contractor in accordance with the terms of this Agreement. GCAA will not withhold FICA (Social Security and Medicare taxes) from the Contractor’s compensation or make FICA payments on the Contractor’s behalf. Likewise, The GCAA will not make state or federal unemployment compensation contributions on the Contractor’s behalf. The contractor shall pay all taxes incurred while performing services under this Agreement – including all applicable income taxes and, if the Contractor is not a corporation, self-employment (Social Security) taxes. On demand, the Contractor shall provide GCAA with proof that such payments have been made. It is further understood the Contractor shall furnish all materials, equipment, and supplies used to provide the services required by this Agreement unless otherwise specifically agreed to by GCAA.

3. WORKER’S COMPENSATION. The Contractor is an independent contractor. The GCAA shall not obtain worker’s compensation insurance on behalf of the Contractor or the Contractor’s employees. If the Contractor hires employees to perform any work under this Agreement, the Contractor will cover them with worker’s compensation insurance where so required and provide GCAA with proof of such coverage upon request.

4. INDEMNITY. The contractor agrees to indemnify and hold harmless the GCAA and Gratiot County, including their respective elected officials, members, officers, directors, managers, attorneys, insurance carriers, employees, agents or authorized representatives, predecessors, successors and assigns from any liability whatsoever for all claims, actions, demands, liabilities, obligations, rights, or causes of action of every nature and kind resulting from or arising out of Contractor’s performance under this Agreement and the provisions of services outlined in the Scope of Work section.

5. CONTRACT ADMINISTRATOR. The Gratiot Community Airport Authority Airport Manager shall be the primary administrator of this Agreement and all inquiries related to performance or obligations under this Contract shall be directed to the Airport Manager.

6. EFFECTIVE DATE AND TIME OF PERFORMANCE. This Contract takes effect at the time it is signed by all parties.

Contractor shall complete all services in a timely, ethical, and professional manner that complies with all local, state, and federal laws and requirements. In any event, the Contractor shall complete performance no later than 90 days from the effective date of this Contract.

7. SCOPE OF SERVICES. The Contractor will perform the services below, in addition to any services listed in Exhibit 2, subject to the following terms:

a. UNDERGROUND STORAGE TANK REMOVAL & DISPOSAL SERVICES:

Oversee the removal of the USTs and fueling system next to the Airport tarmac. This will include all items that need to be removed, including unloading sumps, piping sumps, electrical piping, metal building, concrete by tarmac, and other related support equipment (see attached photos).

Provide detailed Consulting Services and USTs Removal Services in the Proposal.

Collect the soil and or groundwater samples required by the Bureau of Fire Services (BFS) to close the

UST. The fueling station at the tarmac is located approximately 265 feet from the UST “basin” as such an estimated 9 soil samples along the piping run to meet BFS requirements (every 30 feet). Assuming clean closure will also require two samples beneath each UST (a total of 4 soil samples) as required by the BFS.

Analyze the 13 soil samples collected for the analytical parameters.

Prepare the Amended UST registration to close the USTs in the LARA database.

Prepare the UST Closure Assessment Document to Close the site in the BFS system.

If environmental pollutants are not detected in the soil samples collected during the UST removal activities, the contractor will submit a site characterization report to the BFS to close the USTs.

Obtain necessary permits and approvals from local and state authorities.

b. OTHER REQUIREMENTS: The contractor must have experience in UST removal and disposal. All work must meet the requirements of the Bureau of Fire Services (BFS), Part 211, Underground Storage Tank Regulations, Act 451 of 1994, as amended, and the Michigan Underground Storage Tank Rules (MUSTR).

c. WRITTEN REPORTS: The Contractor shall be responsible for preparing or causing to have prepared reports for the approval and use by the GCAA.

8. TERMINATION OF CONTRACT. This Contract may be terminated as follows:

a. TERMINATION FOR CAUSE. If, at any time before the date of completion, one of the parties determines that the other party has failed to comply with any of the terms and conditions of this Contract, the aggrieved party may give notice, in writing, to the defaulting party of any deficiencies claimed. This notice will be sufficient for all purposes if it describes the default in general terms. If the defaulting party fails to cure and correct all defaults claimed within a reasonable period to be specified in the notice (subject to a maximum of 30 days unless otherwise agreed by both parties), the aggrieved may, with no further notice, immediately declare this Contract to be terminated in whole or in part.

i. If the Contractor is the defaulting party, it will thereafter be entitled to receive payment for those services satisfactorily performed to the date of termination less the amount of reasonable damages suffered by the GCAA because of the Contractor’s failure to comply with the Contract terms and conditions. Additionally, if the Contractor is the defaulting party, the GCAA may withhold any payments to the Contractor for purposes of setoff until the exact amount of damages due to GCAA from the Contractor is determined.

ii. If the GCAA is the defaulting party, it will pay the Contractor for those services satisfactorily performed to the date of termination plus the amount of reasonable damages suffered by the Contractor because of the GCAA’s failure to comply with the Contract’s terms and conditions. Such reasonable damages shall not exceed the amount GCAA agreed to pay Contractor for services under this Agreement.

iii. Notwithstanding the above, the defaulting party is not relieved of liability to the aggrieved party for damages sustained by the aggrieved party by virtue of any breach of this Contract. In addition, notwithstanding the above, GCAA may immediately terminate this Contract upon written notice to Contractor on the basis of: (1) Contractor being unable to accept grant funds intended to be used by GCAA to compensate Contractor or if GCAA loses grant funds necessary to compensate Contractor;

(2) Contractor loses or lacks required licensure to perform services necessary under this Agreement;

(3) Contractor making a material misrepresentation in any submission to GCAA. In the event of immediate termination pursuant to the above, GCAA shall only be responsible to reasonably compensate Contractor for work that it had performed prior to the action warranting immediate termination. Reasonable compensation for situations warranting immediate termination may be no compensation for situations such as Contractor or any subcontractor lacking licensure to perform work contemplated under this Agreement or if Contractor made a material misrepresentation to

GCAA.

b. TERMINATION FOR CONVENIENCE. The GCAA may terminate this Agreement for its convenience, for any reason or no reason, if the GCAA determines that a termination is in our best interest. The reasons for the termination are within the sole discretion of GCAA. GCAA may terminate this Agreement for its convenience by giving Contractor notice at least thirty (30) days before the date of termination. If the Contractor chooses to terminate this Agreement in part, any charges payable to the Contractor must be equitably adjusted to reflect those deliverable(s) that are terminated.

9. FEDERAL AND STATE PROVISIONS INCORPORATED BY REFERENCE. All applicable federal and state statutes and regulations on the attached Exhibit 3 are incorporated into this Contract by this reference and are binding upon the Contractor. Contractor must follow all incorporated federal and state statutes in addition to all applicable local, state, and federal laws, rules, and regulations.

10. NONDISCRMINATION. The Contractor will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin and agrees to comply with all state and federal employment and labor laws, rules, and regulations including, but not limited to, Michigan’s Elliot-Larsen Civil Rights Act ( Act 453 of 1976), Michigan’s Persons with Disabilities Civil Rights Act (Act 220 of 1976), and the federal Americans with Disabilities Act. and

11. OWNERSHIP AND PUBLICATION OF MATERIALS. All reports, information, data, and other materials prepared by the Contractor pursuant to this Contract are the property of the GCAA which has the nonexclusive and unrestricted authority to release, publish, or otherwise use, in whole or in part, any information relating to this Contract.

12. IRAN-LINKED BUSINESS. Contractor represents and warrants that neither it nor any of its successors, parent companies, subsidiaries, or companies under common control, is an “Iran Linked Business” engaged in investment activities of $20,000,000.00 or more with the energy sector of Iran, within the meaning of Michigan Public Act 517 of 2012. Contractor further represents and warrants that it will not become an “Iran Linked Business” during the course of performing the work under this Agreement.

13. INSURANCE. Contractor shall maintain commercial general liability insurance coverage in the amount of $2,500,000 per occurrence with the Gratiot Community Airport Authority being named as additional insured for all claims arising out of the Contractor’s work.

14. INDEMNIFICATION. The Contractor waives any and all claims and recourse against the GCAA, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Contractor’s performance of this Contract except for liability arising out of sole negligence of the GCAA, its officers, agents, or employees. Further, the Contractor will indemnify, hold harmless, and defend the GCAA against any and all claims, demands, damages, costs, expenses or liability arising out of the Contractor’s performance of this Contact except for liability arising out of the sole negligence of the GCAA, its officers, agents or employees.

15. ELIGIBILITY. The Contractor certifies that the Contractor’s firm and the firm’s principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in a federally assisted contract under Executive Order 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension”.

NOTICES. Any notices pursuant to this Agreement shall be sent to the parties and shall be directed to the persons and addresses stated below:

Gratiot Community Airport Authority Contractor Information Name Dennis McDonald Address 3999 W. Seaman Rd, Alma, MI 48801 Phone (517) 331-7594 Email 3pointaviation@gmail.com

16. COMPLETE AGREEMENT. This Contract constitutes the complete expression of the agreement between the GCAA and Contractor on the subjects contained herein and there are no other oral or written agreements or understandings between the entities concerning these subjects. Any prior agreements or understandings on the matters addressed in this Agreement are hereby rescinded, revoked or terminated.

17. ACCESS TO RECORDS. Contractor agrees to provide GCAA, any applicable agency of the United States of America or the State of Michigan, or their duly authorized representatives access to any books, documents, papers, and records of the Contractor, in whatever form, which are pertinent to the services which are the subject of this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions as necessary.

18. INTERPRETATION, GOVERNING LAW, AND VENUE. This Contract shall be interpreted in a manner consistent with applicable law. If any portion is held to be illegal, invalid, or unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. This Agreement shall be governed under Michigan law and any disputes with respect to this Agreement shall be litigated exclusively in courts of competent jurisdiction within Gratiot County, Michigan.

19. ASSIGNMENT. Contractor shall not assign any obligations under this Agreement without obtaining written acceptance of the assignment from GCAA.

By the signatures executed below, the parties agree to the terms of this Agreement and the signatories represent that they have the authority to execute this Agreement on behalf of the party for which they have signed. A signed copy of this Agreement transmitted by electronic transmission shall be deemed to have the same legal effect as delivery of an original executive copy of this Agreement for all purposes. Contractor represents and warrants that they have read, understand, and agree to this Agreement and that the terms hereof are contractual and not by way of recital, and that they have signed this Agreement of their own free will; and that in making this Agreement they have obtained the advice of legal counsel if so desired and agree they are qualified and appropriately licensed to perform all work required by this Agreement.

Contractor

By: ________________________________________________Dated: ____________________ [Representative] Its: [Title]

By: _______________________________________________Dated: _____________________ Dennis McDonald Its: Airport Manager

Exhibit 2 (Contractor Response Form and Proposal)

Exhibit 1 (GCAA Proposal)

Request for Proposal

Issue Date: September 25, 2024 Deadline: October 11, 2024, By 4:00 P.M. EST

Purpose and Background The Gratiot Community Airport located at 3999 West Seaman Road, Alma, Michigan has installed a new above-ground Jet A and 100 Octane Low Lead Gasoline fuel system. The Gratiot Community Airport Authority (GCAA) is requesting bids for the removal and disposal of two underground storage tanks (USTs).

The existing two underground storage tanks (USTs) are registered as 12,000-gallon capacity single-walled cathodically protected steel tanks containing Jet Fuel A and 100 Octane Low Lead gasoline.

The tanks are partially buried and approximately 265 feet of double-walled product piping feeds the fueling system adjacent to the tarmac. This proposal request will outline the scope of services to remove the USTs and inner product piping at the site.

The intent of Removal of Underground Storage Tanks has been filed and processed by the Department of Licensing and Regulatory (LARA), BFS, and Storage Tank Division. See the attached document.

Scope of Work

1. Oversee the removal of the USTs and fueling system next to the Airport tarmac. This will include all items that need to be removed, including unloading sumps, piping sumps, electrical piping, metal building, concrete by tarmac, and other related support equipment (see attached photos).

2. Provide detailed Consulting Services and USTs Removal Services in the Proposal.

3. Collect the soil and or groundwater samples required by the Bureau of Fire Services (BFS) to close the UST. The fueling station at the tarmac is located approximately 265 feet from the UST “basin” as such an estimated 9 soil samples along the piping run to meet BFS requirements (every 30 feet). Assuming clean closure will also require two samples beneath each UST (a total of 4 soil samples) as required by the BFS.

4. Analyze the 13 soil samples collected for the analytical parameters.

5. Prepare the Amended UST registration to close the USTs in the LARA database.

6. Prepare the UST Closure Assessment Document to Close the site in the BFS system.

7. If environmental pollutants are not detected in the soil samples collected during the UST removal activities, the contractor will submit a site characterization report to the BFS to close the USTs.

8. Obtain necessary permits and approvals from local and state authorities.

Other Requirements

1. The contractor must have experience in UST removal and disposal.

2. All work must meet the requirements of the Bureau of Fire Services (BFS), Part 211, Underground Storage Tank Regulations, Act 451 of 1994, as amended, and the Michigan Underground Storage Tank Rules (MUSTR).

Site Visit There will be non-mandatory site visits on:

Thursday, October 3, 2024, from 1:00 P.M. – 4:00 P.M. EST Airport Address: 3999 W. Seaman Road, Alma, MI 48801

RFP Questions:

Bidders who have questions on this project can contact: Dennis McDonald, Airport Manager Email:

3pointaviation@gmail.com Phone: 517-331-7594

Timeline, Delivery Method, and Contact Information

October 11, 2024, by 4:00 P.M. EST, to: procurement@gratiotmi.com mailto:procurement@gratiotmi.com

Exhibit 3

Required Federal and State Provisions

Pursuant to this agreement, Contractor (all references to contractors and subcontractors shall apply to Contractor and any subcontractors) are therefore subject to the following additional Federal and State Requirements:

A. RECORDKEEPING REQUIREMENTS. Generally, all contractors and subcontractors must maintain records and financial documents related to this contract until at least December 31, 2031. U.S. Treasury may request the transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. See generally, 2 CFR 200.334 through 200.338.

All contractors and subcontractors must agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office (GAO), Treasury’s Office of Inspector General (OIG), and their authorized representative in order to conduct audits or other investigations.

B. UNIFORM GUIDANCE. Under the Final Rule issued by the U.S. Department of the Treasury (Treasury) referenced at https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf, this contract is subject to the requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (the “Uniform Guidance”) at 2 CFR 200.317 through 200.327. All payments requested under this program should be accounted for with supporting documentation. All contractors and subcontractors should maintain documentation evidencing that the Program Funds were expended in accordance with federal, state, and local regulations.

C. TERMINATION/RECOVERY OF PROGRAM FUNDS. Treasury requires any Program Funds received pursuant to this Agreement and any attachments that are expended in a manner that fails to comply with SLFRF and all other applicable laws to be returned to Treasury. The State reserves the right to monitor the Subrecipient and their contractors and subcontractors and take such corrective action for noncompliance as it deems necessary and appropriate, including but not limited to, termination of the Grant Agreement and return of Program Funds previously provided thereunder.

D. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR Part 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part 1964–1965 Comp., p.

339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

E. DAVIS–BACON ACT, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non–Federal entities must include a provision for compliance with the Davis–Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor or the State of Michigan, whichever is higher.

In addition, contractors must be required to pay wages not less than once a week. The non–Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency.

F. COPELAND “ANTI–KICKBACK” ACT (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency.

G. DEBARMENT AND SUSPENSION (Executive Orders 12549 and 12689). A contract or grant award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. All contractors and subcontractors must be vetted for debarment. If debarment action has been taken against the contractor, the contract shall be terminated. If debarment action has been taken against any subcontractor, the contractor shall provide an alternative subcontractor within 10 days of notification. The debarred subcontractor may not work on the project.

H. DOMESTIC PREFERENCES FOR PROCUREMENTS (2 CFR 200.322).

a. As appropriate and to the extent consistent with law, the non–Federal entity should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

b. For purposes of this section:

(i) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(ii) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

I. CONFLICT OF INTEREST (2 CFR 200.318 and 24 CFR 570.611)

The general rule is that no persons who exercise or have exercised any functions or responsibilities with respect to activities assisted, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to an assisted activity, or with respect to the proceeds of the assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

J. LEAD RENOVATION, REPAIR AND PAINTING PROGRAM

Prohibition of Use of Lead-Based Paint. The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations promulgated at 24 CFR Part 35, 24 CFR 570.608, and 24 CFR Section 745, Subpart E, as applicable. The Contractor and his/her subcontractors shall comply with the provisions for the notification and elimination of lead-based paint hazards of said regulations.

K. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323). A non–Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.