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
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Kara Paxton City erk Treasurer " r
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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
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CITY OF FAVETTEVIL)LE
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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
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