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HomeMy WebLinkAbout187-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 187-23 File Number: 2023-1019 TITAN AVIATION FUELS (SERVICE CONTRACT): A RESOLUTION TO AWARD RFP 23-06 AND APPROVE A ONE (1) YEAR CONTRACT WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE (1) YEAR TERMS WITH TITAN AVIATION FUELS FOR THE PROVISION OF AVIATION FUEL AND REFUELER TRUCKS FOR DRAKE FIELD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 23-06 and authorizes Mayor Jordan to sign a one (1) year contract with automatic renewals for up to four (4) additional one (1) year terms with Titan Aviation Fuels for the provision of aviation fuel and refueler trucks for Drake Field. PASSED and APPROVED on September 5, 2023 Page 1 Attest: `otttttircry��i ' RK CITY f AYF-7-F' 4�11,.!_ Kara Paxton City erk Treasurer " r rA'YNc'.'•�X1 ���� �J�tiiiiiii�t� •,��` CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 5, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Jared Rabren, Airport Director DATE: SUBJECT: Award of RFP 23-06 to Titan Aviation Fuels CITY COUNCIL MEMO 2023-1019 RECOMMENDATION: Staff recommends awarding a contract to Titan Aviation Fuels through RFP 23-06, Aviation Fuel and Fueling Truck Lease for a one-year contract with four one-year automatic renewals. BACKGROUND: Titan Aviation Fuels will be replacing AvFuel as the new fuel provider for the Airport. DISCUSSION: This contract leases refueler trucks and delivers fuel for resale to the Fixed Base Operator. BUDGET/STAFF IMPACT: There is no cost for the refueler truck lease or software for the duration of the contract. The airport was approved a budget of $3,378,000.00 to expense on fuel during 2023. As of July 31, 2023, the airport has expensed $1,201,523.06 on fuel. ATTACHMENTS: Titan Staff Review Form, City of Fayetteville - TITAN aviation Fuel Truck Leases Agreement, RFP 23-06 Aviation Fuel Services TITAN Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1019 Award of RFP 23-06 to Titan Aviation Fuels A RESOLUTION TO AWARD RFP 23-06 AND APPROVE A ONE (1) YEAR CONTRACT WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE (1) YEAR TERMS WITH TITAN AVIATION FUELS FOR THE PROVISION OF AVIATION FUEL AND REFUELER TRUCKS FOR DRAKE FIELD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 23-06 and authorizes Mayor Jordan to sign a one (1) year contract with automatic renewals for up to four (4) additional one (1) year terms with Titan Aviation Fuels for the provision of aviation fuel and refueler trucks for Drake Field. Page 1 Jared Rabren Submitted By City of Fayetteville Staff Review Form 2023-1019 Item ID 9/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/16/2023 Submitted Date Action Recommendation: AIRPORT SERVICES (760) Division / Department Staff recommends awarding a contract to Titan Aviation Fuels through RFP 23-06, Aviation Fuel and Fueling Truck Lease for a one year contract with four one-year automatic renewals. There is no cost for the use of 4 fuel trucks provided by Titan for the span of the contract. The airport was approved a budget of $3,378,000.00 to expense on fuel during 2023. As of July 31, 2023, the airport has expensed $1,201,523.06 on fuel. 5550.760.3955-5213.03 5550.760.3955-5213.02 Account Number Project Number Budgeted Item? Yes Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Airport Fund Project Title $ 3,738,000.00 $ 1,201,523.06 $ 2,536,476.94 2,536,476.94 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: STATE OF ARKANSAS COUNTY OF WASHINGTON LEASE AGREEMENT THIS AGREEMENT, made and entered into this the 5 day of September, 2023 (the "effective date") by and between TITAN AVIATION FUELS, a corporation existing under and by virtue of the laws of the State of North Carolina, with its principal office in New Bern, North Carolina, and hereinafter referred to as "Lessor" and CITY OF FAYETTEVILLE, hereinafter referred to as "Lessee": WITNESSETH Lessor agrees to deliver and lease to Lessee for Lessee's use at the Drake Field Airport, the aviation refueling truck (hereinafter referred to as "refueling equipment") described as follows: (1) 2018 or Newer 5,000 Gallon Jet Refueler (1) 2018 or Newer 3,000 Gallon Jet Refueler (2) 2018 or Newer 1,000 Gallon Avgas Refueler This confirms our mutual understanding that the above described refueling equipment is, as of the above date, leased to Lessee subject to the following terms and conditions: 1. For the use of said refueling equipment during the term hereof, Lessor hereby agrees to lease to Lessee the refueling equipment for a rental fee of $0 per month, plus applicable sales and use tax, to commence as of the effective date of this agreement. Lessor shall be permitted to increase said rental while this agreement is in effect by giving Lessee at least sixty (60) days advance written notice of the effective date of said increased rental. In the event of any increase in rental, Lessee shall have the right to terminate this agreement on the effective date of said increase by giving Lessor thirty (30) days advance written notice of its intention to terminate on said effective date. 2. This agreement shall remain in effect for a primary term of ONE (1) year with FOUR (4) ONE (1) year options beginning on the effective date and for an indefinite period thereafter unless and until either party shall notify the other in writing of its desire to terminate this agreement at least thirty (30) days prior to expiration of the primary term, or any other desired termination date thereafter; provided however, this agreement may be terminated at any time without notice on account of breach or default of the terms of this agreement. If the refueling equipment is leased for a period of less than sixty months, the Lessee will be responsible for the freight charges associated with the delivery and pick up of the refueling equipment. 3. Said refueling equipment shall in no way become the property of Lessee, or anyone claiming thereunder, and shall be used solely by Lessee or its representatives at Drake Field Airport, for handling the aviation fuels supplied by Titan Aviation Fuels. 4. Lessee shall pay all sales and property taxes, assessments, and licenses and registrations on said refueling equipment during the term of the lease, and furnish to Lessor's reasonable satisfaction, verification that payment has been made before said taxes, assessments, or fees become delinquent. 5. It is understood and agreed that Lessee will not encumber said refueling equipment or do or permit anything to prejudice the title of the owner thereto; will comply with all laws, ordinances, and regulations applicable to the refueling equipment; and Lessee agrees to release the Lessor and the owner of said refueling equipment from and against any and all claims, liabilities, losses, obligations and causes of action for injury or death of any and all persons, or for damage to or destruction of any or all property arising out of or resulting from the condition, existence, use or maintenance of such refueling equipment, including, but not limited to loss or damage to the refueling equipment, whether or not any of same shall result in whole or in part from the negligence of Lessee or those acting under it. SAID REFUELING EQUIPMENT IS LEASED "AS IS" WITHOUT WARRANTY AS TO MERCHANTABILITY, TITLE, CONDITION, OR FITNESS FOR ANY PURPOSE. It is also agreed that Lessee shall not add or remove any equipment or appurtenances to or from said equipment without the written consent of Lessor. 6. It is further understood and agreed that each party accepts the applicable responsibilities for operating and maintaining said refueling equipment listed as hereafter provided, said list being made a part hereof by reference. Lessor shall be permitted access to inspect the refueling equipment at all reasonable times. 7. Lessee agrees that it shall return said refueling equipment to Lessor at the termination of this agreement in as good condition as when Lessee received it, normal wear and tear excepted. 8. Lessee agrees to maintain adequate physical damage insurance on refueling equipment during the term of this lease with Lessor named as an additional insured party, and to furnish a copy of certificate of insurance to Lessor. 9. This agreement supersedes and takes the place of all former agreements, and amendments thereto, heretofore entered into between the parties covering the lease of refueling equipment at the location above -stated. 10. Lessee agrees that it will not use or permit the use of the vehicle leased hereunder in a negligent or improper manner or in violation of any law; or so as to avoid any insurance covering the same; or as a public or private livery; or permit the vehicle to become subject to any lien, charge or encumbrances. 11. The Lessee is responsible for: A. Performing minor maintenance on refueler, including preventive maintenance, tune-ups, starter repair, battery replacement, alternator repair, filter/element replacement, ground reel replacement, deadman cable & handle replacement, fuel nozzle replacement, etc. The Lessor shall be responsible for major repairs if caused by normal wear and tear (engine or transmission rebuilding, etc.) B. Quality control inspections on the fueling equipment and for filter replacement at regular intervals. C. Furnishing all fuel for refueling equipment. D. Checking and maintaining sufficient supply of lubricating oil in crankcase. E. Checking regularly and maintaining sufficient supply of gear oil in transmission and differential. F. Pay for all ground reel equipment and replacement of aviation refueling hose. G. Checking battery water level weekly. Test and charge battery as necessary. Replace as needed. H. Maintaining proper air pressure in tires, and making all necessary tire changes and repairs, including replacements. I. Pay for all deadman cable and handle replacements. J. Checking and maintaining adequate all -season antifreeze in radiator to protect cooling system properly. Antifreeze shall be maintained in refueling equipment throughout the year. K. Keeping all fire extinguishers fully charged and in good working order. L. Pay for meter calibration, if any required. M. Inspect nozzle screens, filter, and filtering equipment daily, and clean as necessary. N. Furnish any ladders desired by Lessee. 0. Pay for any fuel nozzle replacements. P. Reimburse Lessor for replacement of parts or equipment lost from refueler equipment, and for all expenses incurred for repairs to, and/or replacement of parts of, the refueling equipment through carelessness, abuse, or neglect. Q. Wash and clean refueling equipment as necessary to maintain good appearance. R. Advise Lessor at once if operation of truck or refueling system indicates need for repairs which are Lessor's responsibility. Cost of local repairs or replacements by others will not be paid or reimbursed by Lessor unless prior authorization is secured from Lessor. 12. Lessee agrees to release Lessor from and against any and all claims, liabilities, or loss expense (including attorney fees), obligation and causes for action for injury to or death of any and all persons or for damage to or destruction of any and all property arising out of, or resulting from the use, maintenance and operation of the vehicle. 13. ATTORNEY AND/OR COLLECTION FEES: In the event of default by the Lessee, Lessee agrees to pay any attorney or collection fees if incurred in the collection of any delinquent balance or the enforcement of this agreement. 14. The execution of this lease and the performance of any act pursuant to the provisions thereof shall not be deemed or constructed to have the effect of creating between Lessor and Lessee the relationship of principal or agent, or of a partnership or joint venture. Lessee shall release the Lessor from any and all claims for damages or injury to any personal property sustained in the operation, use and maintenance of the said vehicle as a result of any willful, intentional, or negligent acts or conduct of Lessee, its agents or employees. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed in their corporate names by their Presidents, attested by their Secretaries, and their corporate seals to be hereto affixed, all by order of their respective Boards of Director or otherwise pursuant to Arkansas law, and this instrument is executed in duplicate originals, with each party retaining a copy thereof. TITAN AVIATION FUELS By: - Robert L. Stallings, IV, President �WITI111 SS: _ CITY OF FAVETTEVIL)LE (/Liorield Jor ayor `%,���ut ATTEST: `��,G��RK �v .. CITY0�•9�C'� y: Kara Paxton, City lerk/Treasure may,. y I is CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 23-06, Aviation Fuel Services DEADLINE: Tuesday, May 16, 2023 before 2:00 PM, local time SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 04/23/2023 REQUEST FOR PROPOSAL RFP 23-06, Aviation Fuel Services No late proposals shall be accepted. RFP's shall be submitted through the City's third -party electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division at the below location. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 1 of 15 City of Fayetteville RFP 23-06, Aviation Fuel Services Advertisement City of Fayetteville, AR Request for Proposal RFP 23-06, Aviation Fuel Services The City of Fayetteville, Arkansas, seeks proposals from experienced and qualified firms to submit proposals for providing aviation fuel and refueling equipment services for the Fayetteville Executive Airport for a one (1) year contract with four (4) automatic renewals for a total of five (5) years. Any questions concerning this solicitation process should be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville- ar.gov or by calling (479) 575-8220. Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by Tuesday, May 16, 2023 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before the time stated; no late proposals shall be accepted. Submitting electronically is strongly encouraged. The City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failure of proposer's technical equipment. All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Any firm providing a service shall be registered with the Arkansas Secretary of State. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 04/23/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 2 of 15 City of Fayetteville RFP 23-06, Aviation Fuel Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print on standard 8.5x11 documents. Proposers shall also submit a three (3) page (maximum) executive summary. The following items will not count toward the twenty-five page limitation: appendix, cover sheet, 3-page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. a. Submitting and responding to this RFP: Proposals shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents physically submitted should be typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be schematics, exhibits, one -page resumes, and City required forms. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. All proposals shall be sealed upon delivery to the City of Fayetteville. Option 1 —Electronic Submittal (strongly encouraged): Proposers can go to www.fayetteville-ar.gov/bids and follow the prompts to submit a proposal within the electronic bidding platform. If a proposal is submitted electronically, a physical submission is not necessary. All Proposers must register in order to be able to submit. There is no fee for registration. ii.Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on a properly labeled USB or other electronic media device. The electronic copy submitted shall be contained into one single file. (1) electronic file and shall be identical to the hard copies provided. The use of Adobe PDF documents is strongly recommended. Files contained on an USB or electronic media shall not be restricted against saving or printing. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 3 of 15 Electronic copies shall not be submitted via e-mail to City employees by the Proposer and shall be provided to the City in a sealed manner. Fed Ex, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailing package. e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office or electronic clock located in the City's third -party bidding software. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right to the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 4 of 15 b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most favorable terms available. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 5 of 15 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women -owned business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women -owned business enterprises. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that their proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate to purchases between the City and said Contractor. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 6 of 15 b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), no later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certificate of Insurance of professional liability insurance in the amount of $1 million US dollars, at minimum. Such Certificate of Insurance shall list the City as an additional insured and not be required unless firm is selected. 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 7 of 15 b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement. 22. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Contractor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 23. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 8 of 15 attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. 27. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 9 of 15 Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFP's content or to exclude any relevant or essential data. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 10 of 15 City of Fayetteville RFP 23-06, Aviation Fuel Services SECTION B: Scope of Services and General Information 1. INTRODUCTION: The City of Fayetteville, Arkansas, is seeking proposals for supplying aviation fuel and a refueler truck lease. This Request for Proposal (RFP) contains all the information necessary to prepare and submit a proposal. Prospective Proposers are advised to study this RFP completely and follow the instructions exactly. Founded in 1828, the City of Fayetteville is located in Northwest Arkansas and operates under a Mayor/City Council government. Drake Field is a Part 139 Class IV certified airfield owned and operated by the City of Fayetteville. It is easily accessible from Interstate 49, Interstate 40, and US Highway 71. Extensive information about the City of Fayetteville and the Fayetteville Executive Airport can be found online at: www.fayetteville- ar.gov. 2. DEFINITIONS: Throughout this request for proposals, the following shall apply: a. "RFP" — Request for Proposals b. "Proposer" —The individual, firm, partnership, joint venture, or corporation which submits a proposal to the city of Fayetteville in response to this RFP. c. "Contractor" —The Proposer chosen by the City of Fayetteville to perform the services outlined in the RFP. d. "Project" — The "Aviation Fuel and Truck Lease" to be provided in accordance with the scope of services/specifications and the contract. e. "City" —The City of Fayetteville f. The specifications, scope of work, and/or services listed in this RFP are to be interpreted as the minimum acceptable by the City of Fayetteville. 3. FURTHER INSTRUCTIONS TO PROPOSERS: a. Proposals shall include Federal, State, and City taxes, as applicable; however, all taxes (or the applicable rate) shall be listed separately. Any such levies shall be the responsibility of the Contractor. b. Once the City of Fayetteville has awarded a contract, all proposals received are subject to the Arkansas Freedom of Information Act (FOIA) and shall be available for viewing or coping by anyone upon request to the City of Fayetteville. 4. PROJECT BACKGROUND: a. The City of Fayetteville is the sole Fixed Base Operator (FBO) at Fayetteville National Airport, Drake Field, FYV. Volume for this contract include the sale of 10OLL avgas and Jet -A aviation fuel. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 11 of 15 b. Jet -A fuel is currently stored in three (3) 10,000-gallon above -ground bulk storage tanks. 10OLL AVGAS is stored in one (1) 10,000-gallon bulk storage tank and two (2) 1,000-gallon above -ground tanks. Current fuel sales volume is approximately 750,000-gallons annually. In 2022, the City of Fayetteville, as the sole FBO at FYV, sold 751,610-gallons of fuel. Jet -A accounted for approximately 92% of total volume, with AVGAS accounting for the remaining 8%. In the previous five (5) years, fuel sales volume has increased steadily by an average of 10% annually. c. The FBO currently leases four (4) refueler trucks, two (2) Jet -A mobile refuelers with 3,000-gallon capacities, and two (2) AVGAS mobile refuelers with 1,200-gallon capacities. Truck ages range from 2- 15 years old. The FBO forecasts the need for at least one (1) 5,000-gallon capacity Jet -A mobile refueler in lieu of one (1) 3,000-gallon capacity refueler in the next five (5) years. d. This contract shall allow a fuel supplier to provide the City preferential pricing, advertising support, equipment upgrades, and other incentives. It is the intent of the City to solicit proposals from qualified fuel suppliers to take advantage of the incentives. 5. SCOPE OF WORK: The City of Fayetteville is seeking qualified firms to supply Bulk Jet -A and 100LL Aviation Fuels for storage and resale, and to provide other business support which Proposer may offer or provide in order to operate an exclusive fuel dealership at the City of Fayetteville's Fayetteville Executive Airport. This will be a branded dealer location. Proposer shall include any other business support they can provide in proposal. The cost and type of additional support shall be listed separately from initial scope of work. Proposer shall include any maintenance programs available and/or maintenance requirements for the leased trucks. Proposer shall show price -per -gallon for fuel (Platt's/OPIS/rack price) plus profit margin. A copy of the price -basis listing (Platt's/OPIS/rack price) shall be attached to fuel invoicing. Proposer shall include the following information in proposal: a. Payment Processing i. Shall provide the ability to provide a payment kiosk. Include details on how the payment kiosk connects (hardware, cellular, wireless, etc.). ii. Shall provide the ability to accept payments from fuel truck. Include details on type of device and how payments are processed at the fuel truck(s). iii. Describe export/import tools of fuel transactions. iv. Describe credit card fee structure. b. Reports i. Provide a description of standard reports on fuel usage. ii. Does the system have the ability to create custom reports? iii. Provide a description on how custom reports are created. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 12 of 15 6. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee; however, all proposals will be evaluated. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. 1) 15% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the firm. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. 2) 15% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. Provide detailed breakdown of subcontractor's staff to be used and how they are to be used to supplement your staff. 3) 30% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. 4) 20% Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Firm will provide a list of similar jobs performed and person whom the City can contact for information. 5) 20% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized as much as possible. 7. PERIOD OF CONTRACT: The initial term of the contract shall be for a period of one (1) year, starting with the date approved by the Fayetteville City Council. The contract shall be renewable by mutual consent, at a mutually agreed pricing structure, on an annual basis thereafter for four (4) additional years, for a total contract term of five (5) years. The contract may be terminated by either party by giving the other party written notice of such intent not less than sixty (60) days prior to the effective date of the termination. City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 13 of 15 City of Fayetteville RFP 23-06, Aviation Fuel Services SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Phone#1 (cell preferred): E-Mail Address: City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 14 of 15 Title of Primary Contact: Phone#2: 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID #: AR. SECRETARY OF STATE FILING #: PHONE: FAX: E-MAIL: SIGNATURE: PRINTED NAME: TITLE: DATE: City of Fayetteville, AR RFP 23-06, Aviation Fuel Services Page 15 of 15