Aviation_Fuel_Supplier_and_Support.pdf

REQUEST FOR PROPOSAL

2023-014

AVIATION FUEL SUPPLIER AND SUPPORT

City of Edinburg

415 W. University Drive

Edinburg, TX 78541

RELEASE DATE: July 14, 2023

DEADLINE FOR QUESTIONS: July 21, 2023

RESPONSE DEADLINE: August 1, 2023, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofedinburg https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Edinburg

REQUEST FOR PROPOSAL

Aviation Fuel Supplier and Support

I. Introduction II. Legal Notice

III. Instructions, Terms and Conditions IV. Specifications V. Vendor Questionnaire

VI. Pricing Proposal VII. Evaluation Criteria

Attachments:

A - Sample Agreement

Request For Proposal #2023-014 Title: Aviation Fuel Supplier and Support

1. INTRODUCTION

1.1. Summary

City of Edinburg Aviation Department is seeking proposals for an Aviation Fuel Supplier and Support including a start-up plan, credit card processing program, two (2) re-fuelers leasing program, comprehensive insurance program, national sales promotion & advertising program, administrative & technical expertise including mechanical, administrative support, account management, employee uniforms program, recurring inspections, functional line of credit, loyalty & contract programs, primary

& alternate supply points from which delivery of aviation grade fuels Avgas 100LL and Jet-A with additive, professional line service training programs.

1.2. Background

South Texas International Airport at Edinburg is owned by City of Edinburg, and operated and maintained by its Department of Aviation (DoA). The DoA performs as the airport’s only fixed base operator. Securing a contract for an Aviation Fuel Supplier and Support primarily will bring within statute compliance the City’s method of purchasing and paying for the bulk deliveries of aviation fuels.

The City of Edinburg is tax exempt.

1.3. Contact Information

Eddie Velarde

Director of Aviation

1300 E. FM 490

Edinburg, TX 78542

Email: jvelarde@cityofedinburg.com

Phone: (956) 292-2047

Department:

Airport

Department Head:

Jose Velarde

Director of Aviation

1.4. Timeline

Release Project Date July 14, 2023 mailto:jvelarde@cityofedinburg.com tel:(956)292-2047

Pre-Proposal Meeting (Non-Mandatory) July 19, 2023, 10:00am

Join Zoom Meeting https://cityofedinburg.zoom.us/j/84096775

669?pwd=SXhOWWZNUTdXR1FwNGxVN0U rdXR5UT09

Meeting ID: 840 9677 5669

Passcode: 064953

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Meeting ID: 840 9677 5669

Passcode: 064953

Question Submission Deadline July 21, 2023, 5:00pm

Proposal Submission Deadline August 1, 2023, 3:00pm

2. LEGAL NOTICE

2.1. Notice to Respondents

The City of Edinburg is soliciting sealed proposals from qualified vendors for Aviation Fuel Supplier and

Support.

Sealed Proposals must be submitted electronically or received by the City Secretary’s Office no later than:

3:00 pm, Tuesday, August 1, 2023.

All sealed proposals must be received either electronically or at the designated location by the deadline shown. Proposals received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable.

All proposals will be opened, and bidder’s names publicly read aloud promptly in the City Hall

Community Room, at 415 W. University Dr., Edinburg, TX 78541, at 3:00 pm, Tuesday, August 1, 2023.

To obtain a copy of the Request for Proposals or submit an electronic proposal please visit:

https://procurement.opengov.com/portal/cityofedinburg

If a Respondent chooses to submit a Hard Copy Proposal, it must be delivered in a sealed envelope with a return address and clearly marked “City of Edinburg RFP No. 2023-014" to the City Secretary's Office prior to the RFP opening date and time. The receiving time in the City Secretary's Office will be the governing time for acceptibility of the proposals. The Respondent's firm name shall appear on the outside of the envelope.

Submit Proposals to:

If submitting Electronic: https://procurement.opengov.com/portal/cityofedinburg

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

RFP No. 2023-014

If you have any questions or require additional information contained the RFP, you may contact Criselda

Lozano, Purchasing Manager, please submit your questions via OpenGov Procurement at the website listed above no later than 5:00 pm on Friday, July 21, 2023.

The City of Edinburg reserves the right to reject any or all proposals and to waive informalities or technicalities and to accept the Proposal deemed most advantageous to the City, and hold the proposal for a period of 90 days without taking action.

3. INSTRUCTIONS, TERMS AND CONDITIONS

3.1. General Instructions

PURPOSE

The purpose of these solicitation documents is to provide a Proposals for: Aviation Fuel Supplier and

Support

INTENT

The services to be provided under this RFP shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation for RFP. There is no intention to disqualify any respondent who can meet the requirements.

SUBMITTAL OF "HARD COPY" RFP

If submitting a Hard Copy RFP, it must be submitted in a sealed envelope by the vendor. Submit two (2) complete sets of the response, one (1) original marked “ORIGINAL,” and one (1) Digital Copy in a flash drive. Each RFP must be completely filled out and SUBMITTED IN ORIGINAL FORM complete with all supporting documentation. RFPs submitted by facsimile (fax) will not be accepted. Submittal of an RFP in response to this solicitation constitutes an offer by the respondent. Once submitted, RFPs become the property of the City of Edinburg and as such the City reserves the right to use any ideas contained in any

RFP regardless of whether that respondent/firm is selected. Submission of a RFP in response to this solicitation, by any respondent, shall indicate that the respondent(s) has/have accepted the conditions contained in the RFP, unless clearly and specifically noted in the RFP submitted and confirmed in the contract between the City and the successful respondent otherwise. RFPs which do not comply with these requirements may be rejected at the option of the City. RFPs must be filed with the City of

Edinburg before the deadline day and hour. No late RFPs will be accepted. Failure to meet RFP requirements may be grounds for disqualification.

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

If submitting Electronic: https://procurement.opengov.com/portal/cityofedinburg

TIME ALLOWED FOR ACTION TAKEN

The City of Edinburg may hold RFPs 90 days after deadline without taking action. Respondents are required to hold their RFPs firm for same period of time.

RIGHT TO REJECT/AWARD

The City of Edinburg reserves the right to reject any or all RFPs, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of Edinburg.

ASSIGNMENT

https://procurement.opengov.com/governments/956100/portal/cityofedinburg

Respondents are advised that the City of Edinburg shall not allow the successful respondent to sell, assign, transfer, or convey any part of any contract resulting from this RFP in whole or in part, to a third party without the written approval of the City of Edinburg.

AWARD

Respondents are advised that the City of Edinburg is soliciting RFPs and award shall be made to the respondent that in the opinion of the City of Edinburg is the best qualified.

The City of Edinburg reserves the right to award contract(s) based solely on the written proposals. The

City also reserves the right to request oral interviews.

FINAL SELECTION AND THE CITY COUNCIL APPROVAL

Selection shall be made of one or more proposers deemed to be fully qualified and best suited among those submitting Proposals on the basis of the evaluation factors included in the Request for Proposals, if so stated in the Request for Proposals. Negotiations shall be conducted with the proposers selected.

After negotiations have been conducted with each proposer selected, the agency shall select the proposer which, in its opinion, has made the best proposal, and shall award the contract to that proposer. The City may cancel this Request for Proposals or reject the Proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed the most advantageous. Should the City determine in writing and in its sole discretion that only one proposer is fully qualified, or that one proposer is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that proposer. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor's proposal as negotiated. After the selection of the most qualified firm(s), scope of services and billing rates will be negotiated and used as attachments to the City’s Professional

Services Agreement. This Agreement will then be submitted to the City Council for approval. If the City and the selected firm cannot successfully negotiate an agreement, then the City will enter into negotiations with the next best qualified firm on the evaluation rating list. This procedure may be repeated until one (1) or more firms has been selected and approved by the City Council.

NUMBER OF CONTRACTS

THE CITY reserves the right to award one or no contract in response to this RFP.

STATUTORY REQUIREMENTS

It shall be the responsibility of the successful respondent to comply with all applicable State & Federal laws, Executive Orders and Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and that they will be deemed to be included in the contract as though written out in full in the contract documents.

ALTERATIONS/AMENDMENTS TO RFP

RFP CANNOT be altered or amended after opening time. Alterations made before opening time must be initialed by respondent guaranteeing authenticity. No RFP may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Edinburg.

NO RESPONSE TO RFP

If unable to submit a RFP, respondent should return inquiry giving reasons.

LIST OF EXCEPTIONS

The respondent shall attach to his/her RFP a list of any exceptions to the specifications/ requirements.

PAYMENT

The City of Edinburg will execute payment by mail in accordance with the State of Texas Pay Law after

SERVICES have been completed, introduced to the City, and found to meet City of Edinburg specifications/requirements. No other method of payment will be considered.

SYNONYM

Where in this solicitation package SERVICES is used, its meaning shall refer to the request for Aviation

Fuel Supplier and Support as specified.

RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of this

Service Contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time.

INDEMNIFICATION CLAUSE

The Respondent agrees to indemnify and save harmless the City, from all suits and actions of every nature and description brought against them or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Purchasing

Manager, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

INTERPRETATIONS

Any questions concerning the project and/or specifications/requirements with regards to this solicitation for Proposals shall be directed to the e-procurement portal as outlined in the RFP. Such interpretations, which may affect the eventual outcome of this request for Proposals, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Edinburg in accordance with paragraph entitled “Addenda and

Modifications”.

VERBAL THREATS AND OFFICIAL CONTACT

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason and/or reasons shall be considered a breach of contract and the City will immediately sever the contract with the Respondent/Consultant on contract.

Respondents shall not offer gratuities, favors or any monetary value to any official or employee of the

City for purpose of influencing the selection. Any attempt by any Respondent to influence the selection process by any means, other than disclosure of Proposals and credentials through the proper channels, shall be grounds from exclusion from the selection process. Once the project is advertised, there shall be no contact with any city official or employee unless using the formal process through the Purchasing

Department. Failure to comply will result in the firm being disqualified from the process.

CONFIDENTIAL INFORMATION

Any information deemed to be confidential by the respondent should be clearly noted on the pages where confidential information is contained; however, the City cannot guarantee that it will not be compelled to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the respondent may not be considered confidential under

Texas Law, or pursuant to a Court order.

PAST PERFORMANCE

Respondent’s past performance shall be taken into consideration in the evaluation of RFP submittal.

JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the

State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo

County, Texas.

RIGHT TO AUDIT

The City of Edinburg reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of Edinburg, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours’ advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Supply/Service and/or Purchase Contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

VENUE

The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas.

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

The City may give local vendors, whose principal place of business is located within the City of Edinburg, and whose bid is within five percent (5%) of the lowest bid price preference as allowed by Section

271.9051 of the Local Government Code.

CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent become the holder of and have access to confidential information in the process of fulfilling its responsibilities in connection with an awarded contract the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City, and any applicable federal laws and regulations relating to confidentiality.

TERMINATION OF CONTRACT

The City of Edinburg reserves the right to terminate the contract if, in the opinion of the City of

Edinburg, the successful vendor’s performance is not acceptable, no funds are available, or if the City wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice.

ADDENDA AND MODIFICATIONS

Respondent shall carefully examine the RFP forms, specifications/requirements, and instructions to

Respondents. Should the respondent find discrepancies in, or omissions from specifications/requirements, or other documents, or should he/she be in doubt as to their meaning, he/she should request an interpretation via the OpenGov portal:https://procurement.opengov.com/portal/cityofedinburg and obtain clarification by addendum prior to submitting any RFP. Explanations, interpretations, and supplemental instructions shall be in the form of written Addenda which shall become a part of the Contract documents. Said Addenda shall be available thru the e-procurement portal, and e-mailed, to all prospective Respondents. All Addenda issued in respect to this project shall be considered official changes to the original RFP documents.

Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Respondent(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their RFP Submittal if submitting a Hard Copy Solicitation. Electronic submittals should be acknowledged through

OpenGov. Respondent(s) signature on Addenda shall be interpreted as the respondent’s “recognition and compliance to” official changes as outlined by the City of Edinburg and as such are made part of the original solicitation documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. The City may issue a written addendum no later than five calendar days prior to the date bids must be received. Addendums are available online at https://procurement.opengov.com/portal/cityofedinburg

RFP PREPARATION COSTS

The City of Edinburg shall not be held liable for any costs incurred by any respondent for work performed in the preparation of and production of a RFP or for any work performed prior to execution of contract.

EQUAL EMPLOYMENT OPPORTUNITY

Respondent agrees that they will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title

VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

AUTHORIZATION TO BIND RESPONDENT TO RFP

RFPs MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your RFP. Person signing bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A

CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the RFP. A corporation shall execute the RFP by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and addresses of all partners. All partners shall execute the

RFP. Partnership and Individual Respondent shall state in the proposal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature.

COOPERATIVE PRICING

Bidders are advised that in addition to responding to our “local” solicitation for bids/Bids with Dealer pricing, vendors/contractors are encouraged to provide pricing on the below referenced items/products/services based on BuyBoard, TX-MAS, H-GAC and/or any other State of Texas recognized and approved cooperative which has complied with the bidding requirements for the State of Texas. If bidding other than or in addition to “dealer” pricing, kindly duplicate the bid forms for each bid being provided from a cooperative contract. Any and all applicable fees must be included. All cooperative pricing must be submitted on or before bid opening date and hour.

ETHICAL STANDARD

No City official or employee shall have interest in any contract resulting from this bid.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL.

COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS “C”

MISDEMEANOR.

3.2. INSURANCE REQUIREMENTS

Staff may waive insurance requirements for contracts $0 - $4,999.99, including but not limited to contracts for food, materials, supplies, and construction. Workers’ Compensation in amounts which satisfy statutory coverage shall be required for construction projects.

The following insurance requirements will be included in all City contracts of $5,000 - $14,999.99. In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR CODE

§406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Comprehensive General Liability

(City named as additional insured)

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

The following insurance requirements will be included in all City contracts of $15,000 or more.

(1) The successful bidder will be required to carry the following insurance coverage and limits of coverage, as well as list the City as an additional insured to liability coverage as requested by the City. In addition, the successful bidder shall provide the City with evidence of coverage and furnish acceptable proof of payment of insurance premiums.

(2) The successful bidder will be required to secure and/or have insurance coverage in force with an admitted property and casualty insurance company licensed by the State of Texas to conduct business in the State of Texas.

(3) In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR

CODE §406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Employer’s Liability Bodily Injury by Accident:

$100,000 each accident

Bodily Injury by Disease:

$100,000 each employee/$500,000 policy limit

Comprehensive General Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Comprehensive Auto Liability

Bodily Injury $100,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

City’s Protective Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Policies must name the City of Edinburg as an Additional Insured.

Certificates of insurance naming the CITY as an additional insured shall be submitted to the CITY for approval prior to any services being performed by Contractor. Each policy of insurance required hereunder shall extend for a period equivalent to, or longer than the term of the Contract, and any insurer hereunder shall be required to give at least thirty (30) days written notice to the CITY prior to the cancellation of any such coverage on the termination date, or otherwise. This Contract shall be automatically suspended upon the cancellation, or other termination, of any required policy of insurance hereunder, and such suspension shall continue until evidence that adequate replacement coverage is provided to the CITY. If replacement coverage is not provided within thirty (30) days following suspension of the Contract, the Contract shall automatically terminate.

4. SPECIFICATIONS

4.1. Fuel Supply Service

Avgas 100LL - meets or exceeds ASTMD 910

• Available above ground storage tank capacity is 12,000 U.S. gallons

Jet-A pre-blended with anti-icing additives - meets or exceeds ASTMD 1655

• Available above ground storage tank capacity is 12,000 U.S. gallons.

Quantity, Delivery & Quality Control

Avgas 100LL – peak-year receipts since Fiscal Year 2021 is 44,409 gallons

Jet-A - peak-year receipts since Fiscal Year 2021 is 252,432 gallons

Deliveries to South Texas International Airport in Edinburg (EBG), 1300 E. FM 490, Edinburg, Texas

78542 shall be made within three (3) business days of order placement.

Supplier must be capable of providing fuel within 24 hours of a State of Texas, FEMA, or National

Defense declaration of emergency that may entail increased aircraft operations activity at EBG

Supplier shall provide fuel from the closest available source, but must receive approval from City of

Edinburg before accepting then delivering fuel loaded from a refinery or terminal that is neither a primary or secondary source.

Successful offeror shall supply any adapter needed to accommodate coupling of road transport vehicles to EBG fuel storage systems.

Supplier shall provide purchaser with written product quality reports certification of quality for each delivery.

Supplier must be available to provide fuel on weekends and holidays.

EBG cannot receive more than one load of fuel at a time at its fuel farm due to limited space, and is typically staffed daily from 8am to 5pm Monday through Friday. Supplier will identify an estimated date

& time of delivery which will ensure the fuel transporter should not wait needlessly for EBG staff at the point of delivery.

Offeror shall provide the following information for both aviation gasoline and kerosene primary and secondary supply terminals' locations, 24-month records of each product's rack fuel pricing, fixed freight cost, and markup costs per gallon.

Each fuel transport tanker supplying fuel to the EBG fuel facility shall be dedicated to aviation fuel products only and shall not carry any other product. Supplier/transporter will only transport like types of fuel to prevent fuel contamination and will provide documentation of pre-delivery testing detailing what was previously contained in the delivery vehicle and method of cleaning. There shall be traceability of all fuel product shipments from refinery to EBG fuel farm.

Minimally the Supplier will perform and document the following tests before shipments arrive at the

EBG fuel facility: Visual, Color, Bottom sediment and water, Temperature, API gravity.

DoA personnel will perform tests of any shipment prior to offload as deemed necessary, and will reserve the right to reject any delivery determined to be unsuitable. The City maintains the right to reject any operator or truck making deliveries.

Supplier's bona fide personnel shall inspect free of charge all fuel handling equipment on an annual or sooner basis and provide the inspection reports to the airport.

Invoicing of fuel shall be based on net gallons delivered as verified by the bill of lading provided by the terminal and presented at point of delivery.

Itemized invoice shall reflect product unit/ rack price, freight/environmental transport charges, applicable Federal and State of Texas taxes including Oil Spill Tax, environmental impact/Superfund Fee, LUST Tax and Excise Tax, state inspection fee, prompt payment discounts, and any other applicable charges or discounts listed as separate line items on invoice.

Supplier will provide alerts for fuel costs and freight charges at least weekly or as soon as they change.

4.2. Fueler Truck Lease

Required for the duration of the primary and and extended term of the Aviation Fuels Supplier and

Support contract the lease of the following vehicles:

One (1) 1,000 gallon capacity Avgas fueler

One (1) 3,000 gallon Jet-A fueler with one single-point/underwing hose, and two overwing hoses

Offeror should detail each vehicle's make, year of manufacture and model.

Vehicle Inspection & Maintenance

Supplier's qualified personnel shall inspect free of charge all fuel handling equipment including fueler trucks on an annual basis and provide the inspection reports to the airport. If inspection of a fuel truck determines repairs will be needed and it must be removed from service for more than 24 hours, a backup fuel truck will be provided by the supplier to the airport at no additional cost.

Supplier shall provide all scheduled maintenance as per manufacturer specifications.

Supplier shall provide all vehicle fueling system repairs as per manufacturer specifications.

4.3. Merchant Services and Point-of-sale

Offeror shall provide and support, either directly or through a subcontractor, a comprehensive

Merchant Services and Point-of-sale (POS) system with the capacity to also serve one (1) stand-alone aviation fuel customer outdoor self-service kiosk.

Receipts & Credit Card Acceptance

Electronic Receipts and Reports options must include at least: date, tail number and fuel with fuel type, volume purchased, itemized sale price. Please provide a printout of a receipt and a sample of a report.

• Supplier shall accept at least two major oil company credit cards without fees.

• Supplier shall accept state and federal government issued credit card without fees.

• Supplier shall accept all major use credit cards at a processing fee not to exceed 2.5%.

• Supplier shall provide a fuel testing card issued to the DoA as part of the service, with no fees incurred by DoA.

The system must process credit cards with monies returned to the City of Edinburg Airport Fund electronically.

Offerors shall describe credit card reimbursement timing and all charge back stipulations in their proposals.

Supplier may not impose retail/wholesaler credit card related discount/rebate programs that would require EBG participation or funding without prior written consent of City of Edinburg.

Supplier may not impose retail wholesale purchase programs that would require EBG participation or funding relating to customer volume discounts.

Network and Software

Supplier-provided POS system must include latest state-of-the art networking and security protocols, and shall be reviewed and approved by City of Edinburg Information Technology Department. If a software is required in the maintenance of the Merchant Services and POS system, all requirements (i.e.

security, storage, etc.) for the software and equipment shall be included in the proposal. Offeror will provide demo.

Suppliers shall reimburse the City for credit card transactions by direct deposit to the City’s designated bank account of record within 2 days of receipt.

Retail price adjustments must be accessible through any machine within the local network.

Offeror will include monthly or annual costs of implementation or technical support.

Terms & Billing

Supplier shall afford City of Edinburg 30-day terms without penalty.

Other credit terms that may be offered including prompt-pay discounts must be included as part of the proposal submittal.

Offeror shall disclose all fees and costs associated with providing Merchant Services.

4.4. Offeror's Experience and Full Service Qualifications

Supplier must be a long-term aviation refiner and/or marketer with a minimum of ten (10) years experience in aviation turbine and aviation gasoline fuels.

Offerors are encouraged to provide nationally recognized Supplier's Brand Name.

Proposals shall include a narrative of the company's performance record with clients (airports where you provide similar service), including a minimum of three (3) references to include contact person, current address and telephone numbers.

4.5. Brand Identification

Supplier shall provide and install brand identification to include, but not be limited to, a large lighted sign equal in size to existing at EBG's terminal and a lighted sign at the self-service fuel kiosk. Signs shall be installed at the beginning of the contract period.

4.6. Advertisement & Promotion

Offeror shall provide evidence of cost effective or free EBG promotion and advertisement through corporate national network and industry publications, and identify and outline a continuous annual national sales promotion program, including a copy of a current advertising insert and name of publication or trade journals/magazines. Describe how EBG would be included in order to generate new and repeat business.

Describe trade show participation by the Supplier, including NATA and NBAA conventions, identifying opportunities for EBG. Discuss Supplier membership in industry organizations (e.g., NBAA and NATA) demonstrating active participation on committees. Identify aviation directory support for EBG.

Offeror shall identify all advertisement and promotional platforms earned and available from and through the Supplier, and describe any co-operative advertising programs including a branded uniform program. Include any special project or local advertising cost and support by the Supplier for EBG advertising for promotion of fuel sales, and provide details how credit is applied and maintained.

Offeror shall identify customer loyalty programs including rebates from the Supplier.

4.7. Insurance

A copy of the Offeror's current insurance certificate or a statement from the firm's insurance company or authorized representative verifying the firm's ability to obtain the insurance coverage stated herein shall be submitted with the proposal. The minimum required insurance coverage is not intended to, and shall not in any manner, limit or reduce liabilities and obligations assumed by the Offer, its agents, employees, or subcontractors.

Subcontractors to the Supplier providing transportation and delivery service to the South Texas

International Airport at Edinburg on behalf of the Supplier must be contractually required by the

Supplier to comply with evidencing the insurance requirement.

Supplier shall procure and maintain at its own expense the following types and amounts of insurance with deductible limits acceptable to the City for the term of the Agreement: Commercial General and

Umbrella Liability Insurance, which shall include liability arising from independent contractors and contractual liability, written on ISO occurrence form.

The Supplier shall carry limits of insurance no less than the following for Each Occurrence:

Premises/Operations Coverage $10,000,000, Products/Completed Operation $10,000,000, Personal

Injury & Advertising Injury $10,000,000, General Aggregate $10,000,000, Fire Legal Liability $50,000, Medical Payments $5,000.

The City of Edinburg shall be named Additional Insured on the General Liability policy. The Supplier's insurance will be primary and include a waiver of subrogation in favor of City of Edinburg.

Business Auto and Umbrella Liability, which includes contractual liability, shall be carried with a Bodily

Injury & Property Damage Limit not less than $5,000,000 each accident. Such coverage shall cover liability arising out of any auto (including auto, hired, and non-owned autos). City of Edinburg shall be an Additional Insured on the Business Auto policy. A waiver of subrogation in favor of the City of

Edinburg is required for this coverage.

Supplier's compensation and employer's liability insurance in amounts required by Texas statute

Employers Liability limits will at least meet the following requirements: Per Employee $1,000,000. A waiver of subrogation in favor of City of Edinburg is required for this coverage.

Property coverage shall be in an amount sufficient to protect the City from a loss as a result of damage to its property.

Evidence of Insurance

Original hand-signed certificate(s) evidencing the insurances as specified above and referencing

Offeror's proposal submittal shall be attached. The successful proposer at its sole expense shall obtain and cause to be kept in force at all times during the term of the agreement liability insurance issued by a company or companies of sound and adequate financial responsibility, authorized to do business in the

State of Texas, by policies meeting the requirements of the laws of the State of Texas. Subsequent renewal certificates shall be delivered to the City at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on or after the expiration date of the agreement.

Each certificate shall contain a valid provision or endorsement that the policy shall provide a minimum thirty (30) days advance written notice to the City in the event that the policy is not to be renewed, canceled, or materially changed or altered. Such notice is to be sent to the DoA, Attn: Director of

Aviation to P.O. Box 1079, Edinburg, Texas 78540.

Failure of the City to demand such certificates or other evidence of full compliance with these insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Supplier's obligation to maintain such insurance. Supplier shall provide certified copies of any or all insurance policies required above within ten (10) days of the City's written request for said copies.

The City reserves the right to review the insurance provisions stated herein as to the amount of coverage, new types of insurance and new terms, etc. If such review indicates that Supplier's insurance coverage is below the City's requirements, and recommended minimums of the Airports Council

International (ACI) or the American Association of Airport Executives (AAAE), the City reserves the right to modify the insurance coverage.

4.8. Implementation and Start-up Plan

Offerors shall propose a detailed start-up plan, if necessary, which will assure a smooth transition from the current fuel provider with no interruption of services to EBG. This plan shall include but not be limited to fuel products deliveries, fuel trucks delivery schedule, installation of signs, uniforms supply.

4.9. Other Provisions

Emergency Service

Supplier shall make available to the City a twenty-four hour telephone number and technical support.

Training

Supplier shall provide continuous opportunity for training for:

• Fueler vehicles orientation and familiarization

• Safe handling of dispensing fuel from fuel trucks

• Safe handling of receiving fuel

• Fuel quality control testing

• POS services & software, troubleshooting, report generation

Supplier shall outline all costs to the City associated with training in their proposals.

Supplier shall provide a list of any additional training available and the cost to provide the training.

4.10. Sample Agreement

Offeror shall include a representative example of their typical aviation fuel supplier and support agreement.

4.11. Term of Service Provider Agreement

The minimum term of the negotiated contract shall be not less than three (3) years, with the option of one (1) (ten (10) additional renewals that may be equivalent to the initial term, but not less than three

(3) years. The initial term of the Agreement, and any extended term, may be terminated by either party giving one hundred twenty (120) days notice to the other party. If the City decides to exercise its option to extend the initial term of the Agreement, it will give the Supplier notice at least sixty (60) days before the expiration of the initial term of the Agreement.

5. VENDOR QUESTIONNAIRE

5.1. Proposal*

Please upload your entire proposal here as one complete PDF document.

Please do not upload multiple files.

*Response required

5.2. If you have any proprietary documents, please attach the redacted document here.

5.3. Please upload your current insurance certificate.*

Please upload your current insurance certificate.

*Response required

5.4. Required Forms

5.4.1. Please fill out and sign the Conflict of Interest Disclosure form and upload here* Please download the below documents, complete, and upload.

• CONFLICT_OF_INTEREST.pdf

*Response required

5.4.2. Please fill out and sign the General Questionnaire and upload here* Please download the below documents, complete, and upload.

• GENERAL_QUESTIONNAIRE.pdf

*Response required

5.4.3. Please fill out the Litigation Disclosure Form and upload here* Please download the below documents, complete, and upload.

• LITIGATION_DISCLOSURE_FORM.pdf

*Response required

5.4.4. Please fill out and sign HB 89 and upload here*

HB 89

The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract https://government-project.s3.us-west-2.amazonaws.com/35171/95be07f1-80fd-4c92-b05d-0803eef73b61_CONFLICT_OF_INTEREST.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689418803&Signature=WgpwIi8UfdTfSZu5Ker8H%2BgPRpk%3D&response-content-disposition=attachment%3B%20filename%3D%22CONFLICT_OF_INTEREST.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/c69185ef-ade8-44db-b651-c53a4cfcadac_GENERAL_QUESTIONNAIRE.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689418803&Signature=DC%2BdJwkgB1tvqY%2BH4SwHgrMIU%2FQ%3D&response-content-disposition=attachment%3B%20filename%3D%22GENERAL_QUESTIONNAIRE.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/5ab2a5cb-2670-4b00-b60a-2254370693af_LITIGATION_DISCLOSURE_FORM.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689418803&Signature=smq4Q5Lqk07C7FadKKPOX3LTNVE%3D&response-content-disposition=attachment%3B%20filename%3D%22LITIGATION_DISCLOSURE_FORM.pdf%22

Please download the below documents, complete, and upload.

• HOUSE_BILL_89_VERIFICATION.pdf

*Response required

5.4.5. Please fill out and sign the Senate Bill 13 and upload here*

SB 13 ENERGY COMPANY BOYCOTTS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code 2274.001. Subtitle F, Title 10, Chapter 809 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott energy companies and will not boycott energy companies during the term of the

Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required, or

2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Please download the below documents, complete, and upload.

• SENATE_BILL_13_VERIFICATION...

*Response required

5.4.6. Please fill out and sign the Senate Bill 19 and upload here*

SB 19 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATIONS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10 of the Texas Government Code 2274.002, Respondent verifies that it:

1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and

2) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Please download the below documents, complete, and upload.

• SENATE_BILL_19_VERIFICATION...

*Response required

5.4.7. Please fill out and sign the Non-Collusion Affidavit and upload here* https://government-project.s3.us-west-2.amazonaws.com/35171/c07f36ac-db17-454d-83c9-d2a2281cf51f_HOUSE_BILL_89_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689418803&Signature=do3Bm643x8%2Fh0bK0M0Y62SpTGrM%3D&response-content-disposition=attachment%3B%20filename%3D%22HOUSE_BILL_89_VERIFICATION.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/c710f55a-94d1-4c76-9283-076e75335e0b_SENATE_BILL_13_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689418803&Signature=Aawx8PsG%2F8ZklRgGP2h83UN3A1k%3D&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_13_VERIFICATION.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/d9b61aad-d5e5-43dd-9c94-7b21dba5c8bf_SENATE_BILL_19_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689418803&Signature=7NOQmekDvd20eqHhsOOQ3w5xwoA%3D&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_19_VERIFICATION.pdf%22

NON-COLLUSION AFFIDAVIT

Submitters, by submitting a signed submission, certify that the accompanying submission is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under Texas or United States law.

Please download the below documents, complete, and upload.

• CITY_OF_EDINBURG_NONCOLLUSI...

*Response required

5.4.8. If awarded the 1295 form will need to be provided*

CERTIFICATE OF INTERESTED PARTIES (Form 1295)

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the

Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. For more information go to the Texas

Ethics Commission web page at https://www.ethics.state.tx.us/filinginfo/1295/

☐ Yes

☐ No

*Response required

5.4.9. Please fill out and sign the Conflict of Interest form and upload here*

CONFLICT OF INTEREST

CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form

CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Edinburg not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

For more information or to obtain Questionnaire CIQ go to the Texas Ethics Commission web page at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://government-project.s3.us-west-2.amazonaws.com/35171/f1053d7d-f287-45d2-938d-693f4e7bc62a_CITY_OF_EDINBURG_NONCOLLUSION_AFFIDAVIT.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689418803&Signature=%2FE4tpuigB8STznzftzr4jGe25Xo%3D&response-content-disposition=attachment%3B%20filename%3D%22CITY_OF_EDINBURG_NONCOLLUSION_AFFIDAVIT.pdf%22 https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

*Response required

6. PRICING PROPOSAL

AVIATION GASOLINE

Line Item Description Unit of

Measure Fuel Unit

Cost Environmental

Transport Federal LUST

Tax Federal Oil

Spill Tax Federal

Superfund

Fee

Federal

Excise Tax

1 Aviation gasoline

Avgas 100LL (low lead) - Unit Cost will be the inclusion of rack price/base price from their

PRIMARY source terminal/refinery for delivery to

South Texas

International

Airport at

Edinburg.

U. S. gallon

2 Aviation gasoline

Avgas 100LL (low lead) - Unit Cost will be the inclusion of rack price/base price from their

SECONDARY

source terminal/refinery for delivery to

South Texas

International

Airport at

Edinburg.

U. S. gallon

AVIATION KEROSENE JET-A

Line Item Description Unit of

Measure Unit Cost Environmental

Transport Federal LUST

Tax Federal Oil

Spill Tax Federal

Superfund

Fee

Federal

Excise Tax

1 Aviation kerosene Jet-A with premixed anti-icing additive - Unit

Cost will be the inclusion of rack price/base price from their

PRIMARY source terminal/refinery for delivery to

South Texas

International

Airport at

Edinburg.

U. S. gallon

2 Aviation kerosene Jet-A with premixed anti-icing additive - Unit

Cost will be the inclusion of rack price/base price from their

SECONDARY

source terminal/refinery for…