R2018-087 2018-05-14 RESOLUTION NO. R2018-87
A Resolution of the City Council of the City of Pearland,Texas, renewing a unit
price bid for the purchase of motor fuel from Houston-Pasadena Apache Oil,
LP, in an amount not to exceed $800,000.00, for the period of May 23, 2018
through May 22, 2019.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a unit supply bid for the purchase of motor
fuels.
Section 2. That the City Council hereby renews the bid with Houston-Pasadena Apache
Oil, in the unit supply amounts reflected in Exhibit "A" attached hereto.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for the purchase of motor fuels.
PASSED, APPROVED and ADOPTED this the 14th day of May, A.D., 2018.
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TOM REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
EXHIBIT A
BID TABULATION: PURCHASE OF MOTOR FUELS
BID OPENING DATE: Tuesday, May 15, 2014
BID NUMBER: 0414-34
Houston-Pasadena Sun Coast Reladyne/The Hurt
Vendor Apache Oil Co Petroleum Traders ResourcesIPC USA Inc. _ Company Atlantic Petroleum
,1 . imp""VS0 1 :'s " w _.
Regular Unleaded,
Transport Delivery- Per
Gallon Margin 0.0000 0.0094 0.0148 0.0217 0.0197 0.2000
Diesel, low sulfur,
Transport Delivery- Per
Gallon Margin 0.0175 0.0193 0.0169 0.0388 0.0293 0.2000
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Bobtail delivery Diesel -
Low Sulfur _
Per Gallon (0-750 Gallons)
Margin $0.45 _ $0.22 _ $0.3990 _ No Bid _ $0.2970 $0.25
Per Gallon (751-2,000
Gallons) Margin $0.16 $0.15 _ $0.1898 No Bid _ $0.2493 _ $0.25
Per Gallon (2,001-3,000
Gallons) Margin $0.06 $0.07 $0.0741 No Bid $0.1493 $0.20
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,� City of Pearland
E x 5 3519 Liberty Drive
est. ,so, Pearland, TX 77581
General Services Contract
This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor.
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor: Houston-Pasadena Apache Oil Company, LP
d/b/a Apache Oil Company
5136 Spencer Highway
Pasadena, TX 77505
Description of Services: Contractor will provide Motor Fuel for the City of Pearland, as
needed, per the specifications of bid #0414-34; City Council
Resolution#R2018-87.
Contract Type: Unit Price Contract, Not to Exceed $800,000.
Effective Date: 5/23/2018
Termination Date: 5/22/2019
Renewal: No renewal options remaining.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF P LAND: CONTRACTOR:
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Purc 4
ing Officer Date Title: (.;&"A ,Ct 4/4-// - _7&
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*Signed by: ate: YZ5/c'
City Manager
Assistant City Manager
Director
Program Manager
*Contract Signature Authority: Program Manager-$5,999 or less
Director- $6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
III 111111
Ill. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract. •
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days,except for the final billing.The City shall pay Contractor
for the Services in accordance with the terms of this Contract, but all payments to be made by
the City to Contractor, including the time of payment and the payment of interest on overdue
amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to.Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contractus
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default will give the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice,the party giving the notice of default may terminate this Contract by written
notice to the other party,specifying the date of termination. Termination of this Contract
under this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required Contract
payment for that successive fiscal year and there are no funds from the City's sale of
debt instruments to make the required payment, then this Contract automatically
terminates at the beginning of the first day of the City's successive fiscal year of the
Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual or
compensatory damages, loss, or costs arising from the performance of this Contract or that
provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise,each party to this Contract is responsible for defending
against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising
from that party's negligent acts or omissions in the performance of this Contract in accordance
with applicable law. This provision does not affect the right of either party to this Contract who is
sued by a third party for acts or omissions arising from this Contract to bring in the other party to
this Contract as a third-party defendant as allowed by law.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing Motor Fuel for the City of Pearland, as
needed, per the specifications of bid #0414.34, City Council Resolution #R2018-87. Pricing is as
follows per contractor's response to the same, as listed below:
Description Unit
Unleaded gasoline,transport delivery $0
No.2, low-sulfur diesel, transport delivery +$0.0175
1 750 gallon diesel, bobtail delivery +$0.45
751 -2,000 gallon diesel, bobtail delivery +$0.16
2,001 —3,000 gallon diesel, bobtail_delivery. +$0.06