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R2020-220 2020-10-26 RESOLUTION NO. R2020-220 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 Company, in the estimated amount of $800,000.00, for the period of November 1, 2020 through October 31, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously awarded a competitive unit supply bid for the purchase of motor fuels. Section 2. That the City Council hereby renews a bid with Houston-Pasadena Apache Oil Company, 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 26th day of October, A.D., 2020. --....) TOM REID MAYOR E A AN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: Z<1..- .,.._ O",--) DARRIN M. COKER CITY ATTORNEY � s City of Pearland • .fy 3519 Liberty Drive `' „ Pearland, TX 77581 } s, 18A*: 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 P.O. Box 177 Pasadena, TX 77501 Description of Services: Contractor will provide delivery of motor fuel, for the City of Pearland, as needed, per the specifications of Bid #0619-52, R2020-220. Contract Type: Unit Price Contract, Estimated Amount of$800,000.00. Effective Date: November 1, 2020 Termination Date: October 31, 2021 Renewal: One renewal option available II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: CONTRACTOR: I)igilally signed by Jobn Mccarter I)rv:r n=lobo Mttalter,o=Cily of John Mccarter I•ea,land,00=Flnanc=. 11-19-2020 S-x entail=jmccaI 19 391)ndln gov,c=US /� )ale:20]0.11.191039U}0600' Assistant Finance Director Date Title: toon. Date: //-/rO `Sign d by: te: z° r�-ti..-{ a._ti; Apache Oil Company City M nager 5136 Spencer Highway Assistant City Manager Pasadena, TX 77505 Director 832.731.6763 Superintendent/Manager *Contract Signature Authority: Superintendent/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+ Fare 1 of 4 III. 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 Contract as 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 III, 1 1 11 L I this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the cther party to this Contract as a third-party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Ccntract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, di-ect, or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor wi!l take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any c isputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any lagal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one- half of the mediator's fees. J. Attorney's ''Zees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract. Any provision contained in the Contractor's Additional Contract Documents that conflicts with this Contract shall have no legal effect. A. Contractor's Additional Contract Documents: 1. The contractor's response to Bid #0619-52, R2020-220 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work). B. City's Additional Contract Documents: 1. Scope of Services as listed on the attached. EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services Shall consist of the contractor providing delivery of motor fuel for the City of Pearland, as needed, per the specifications of Bid #0619-52, R2020-220. Pricing is as follows per contractor's response to the same, as listed below: Attachment A—Bid#0619-52 Line Items ,_i Bid# 0619-52 Attachment A Title Motor Fuel Apache Oil Company(Houston- Specification Responses _ Pasadena Apache Oil Company, LP) Line Description _ UOM QTY Unit 1 OLD ALVIN LOCATION EA 1 Rack Rate: Transport delivery for Regular, 1.1 Reformulated Gasoline, Branded EA 160945 $1.7426 Base Delivery Fee: Transport delivery for Regular, 1.2 Reformulated Gasoline, Branded EA 1 $0.00 Transport Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 0-750 1.3 gallons EA 1 $2.3876 Transport Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 751- 1.4 2000 gallons EA 1 $1.8976 Transport Delivery for Reg Tiar, Reformulated Gasoline, Branded: deliver/load size for 2001- 1.5 3000 gallons EA 1 $1.7976 Rack rate: Transport Delivery for No 2 Diesel, 1.6 Low sulfur EA 19307 $1.8919 Base Delivery Fee: Transport Delivery for No 2 1.7 Diesel, Low sulfur, EA 1 $0.00 Transport Delivery for No 2 Diesel, Low sulfur: 1.8 delivery load size for 0-750 gallons EA 1 $2.6194 Transport Delivery for No 2 Diesel, Low sulfur: 1.9 delivery load size for 751-2J00 gallons EA 1 $2.0294 Transport Delivery for No 2 Diesel, Low sulfur: 1.10 delivery load size for 2001-3000 gallons EA 1 $1.9294 Rack rate: Bobtail Delivery for Regular, 1.11 Reformulated Gasoline, Branded, EA 160945 $1.7426 Base Delivery Fee: Bobtail Delivery for Regular, 1.12 Reformulated Gasoline, Branded EA 1 $0.00 Bobtail Delivery for Regular Reformulated Gasoline, Branded: delivery load size for 0-750 1.13 gallons EA 1 $2.3878 Bobtail Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 751- 1.14 2000 gallons EA 1 $1.8976 Bobtail Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 2001- 1.15 3000 gallons EA 1 $1.7976 Rack Rate: Bobtail Delivery for No 2 Diesel, Low 1.16 sulfur EA 19307 $1.8919 Base Delivery Fee: Bobtail delivery for No 2 1.17 Diesel, Low sulfur EA 1 $0.00 Bobtail Delivery for No 2 Diesel, Low sulfur: 1.18 delivery load size for 0-750 gallons EA 1 $2.6194 Bobtail Delivery for No 2 Diesel, Low sulfur: 1.19 delivery load size for 751-2000 gallons EA 1 $2.0294 Bobtail Delivery for No 2 Diesel, Low sulfur: 1.20 delivery load size for 2001-2000 gallons EA 1 $1.9249 2 HILLHOUSE LOCATION EA 1 Rack Rate: Transport Delivery for Regular, 2.1 Reformulated Gasoline, Branded EA 107297 $1.7426 Base Delivery Fee: Transport Delivery for 2.2 Regular, Reformulated Gasoline, Branded EA 1 $0.00 Transport Delivery for Regu ar, Reformulated Gasoline, Branded: delivery load size for 0-750 2.3 gallons _ EA 1 $2.3876 Apache Oil Company (Houston- Specification Res•onses Pasadena Apache Oil Company, LP) Line Description UOM QTY Unit Transport Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 751- 2.4 2000 gallons EA 1 $1.8976 Transport Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 2000- 2.5 3000 gallons EA 1 $1.7976 Rack Rate: Transport Delivery for No 2 Diesel, 2.6 Low sulfur EA 28961 $1.8919 Base Delivery Fee: Transport Delivery for No 2 2.7 Diesel, Low sulfur EA 1 $0.00 Transport Delivery for No 2 Diesel, Low sulfur: 2.8 delivery load size for 0-750 gallons EA 1 $2.5194 Transport Delivery for No 2 Diesel, Low sulfur: 2.9 delivery load size for 751-2000 gallons EA 1 $2.0294 Transport Delivery for No 2 Diesel, Low sulfur: 2.10 delivery load size for 2001-3000 gallons EA 1 $1.9294 Rack Rate: Bobtail Delivery for Regular, 2.11 Reformulated Gasoline, Branded EA 107297 $1.7426 Base Delivery rate: Bobtail Delivery for Regular, 2.12 Reformulated Gasoline, Branded EA 1 $0.00 Bobtail Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 0-750 2.13 gallons EA 1 $2.3876 Bobtail Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 751- 2.14 2000 gallons EA 1 $1.8976 Bobtail Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 2001- 2.15 3000 gallons EA 1 $1.7976 Rack Rate: Bobtail Delivery for No 2 Diesel, Low 2.16 sulfur EA 28961 $1.8919 Delivery Fee: No 2 Diesel, Low sulfur, Bobtail 2.17 Delivery, delivery load size per gallon EA 1 $0.00 Bobtail Delivery for No 2 Diesel, low sulfur: 2.18 delivery load size for 0-750 gallons EA 1 $2.6194 Bobtail Delivery for No 2 Diesel, low sulfur: '- 2,19 delivery load size for 751-2000 gallons EA 1 $2.0929 Bobtail Delivery for No 2 Diesel, low sulfur: 2.20 delivery load size for 2001-:3000 gallons EA 1 $1.9294 3 REFLECTION BAY LOCATION EA 1 Rack Rate: Transport Delivery for No 2 Diesel, 3.1 Low sulfur EA 1 $1.7426 Base Delivery Fee: Transport Delivery for No 2 3.2 Diesel, Low Sulfur EA 1 $0.00 Transport Delivery for No 2 Diesel, Low sulfur: 3.3 delivery load size 0-750 gal ons EA 1 $2.3876 Transport Delivery for No 2 Diesel, Low sulfur: 3.4 delivery load size 751-2000 gallons EA 1 $1.8976 Transport Delivery for No 2 Diesel, Low sulfur: 3.5 delivery load size 2001-3000 gallons EA 1 $1.7976 Rack Rate: Bobtail Delivery for No 2 Diesel, Low 3.6 sulfur EA 1 $1.8918 Base Delivery Fee: Bobtail Delivery for No 2 3.7 Diesel, Low Sulfur EA 1 $0.00 Bobtail Delivery for No 2 Diesel, Low sulfur: 3.8 delivery load size 0-750 gallons EA 1 $2.5194 Bobtail Delivery for No 2 Diesel, Low sulfur: 3.9 delivery load size 751-2000 gallons EA 1 $2.0294 Apache Oil Company(Houstcn- S.ecification Responses _ Pasadena Apache Oil Company; LP) Line Description UOM QTY Unit Bobtail Delivery for No 2 Diesel, Low sulfur: 3.10 delivery load size 2001-3000 gallons EA 1 $1.9294 4 OTHER EA 1 4.1 Tax Or Any Other Charges EA 1 Alternate Responses Line Description UOM QTY FEE FEES ARE CALCULATED TO INCLUDE LOADING& DELIVERY.ACTUAL PRICE OF FUEL IS DETERMINED BY WHAT IS ORDERED THAT 4 Alt 1 DAY. EA 1 Performance Bond=$100,000 Payment Bond=$100,000 Both bonds will cost$10001piece, so this is a pass 4 Alt 1 through to the City of Pearland EA 2 City of Pearland of Pkt 3519 Liberty Drive Pearland, Texas 77581 °11 Tel: 281.652.1600 s a • R - pearlandtx.gov XIX AS September 28, 2020 Houston-Pasadena Apache Oil Company, LP Attn: Tim Smith 5136 Spencer Hwy Pasadena. TX 77505 Dear Mr. Smith Please be advised that the City of Pearland proposes to exercise its first of two renewal options on the current contract for Motor Fuel, per the specifications of City of Pearland bid 0619-52. The terms and conditions set forth in bid specifications allow for two (2) one-year renewal periods. if both parties are in agreement with renewing. The pricing details of the agreement are on the following pages. The renewal option will begin on November 1, 2020 and expire October 31, 2021. If you find the stated terms satisfactory, please sign and date this letter and return a scanned copy via email to jblackmore(c�pearlandtx.gov. Please note that upon your signature and acceptance, this renewal will be subject to City Council approval—subsequent to Council approval, this office will issue a formal contract renewal advising you of the renewal status. If you need any further information, please contact the Purchasing Division at (281) 652-1790. Sincerely, Julie Blackmore City of Pearland Contract Administrator ACCEPTED: DATE: 0-.3% 0070 Houston-Pasadena Apache Oil Company. LP Page 1of4 Apache Oil Company {'Houston-Pasadena Specification Responses Apache Oil Company. LP EST Line Description UOM QTY Unit Cost 1 ! OLO ALVIN LOCATION EA 1 Rack Rate: Transport delivery for Regular, 1.1 Reformulated Gasoline, Branded EA 160945 $1.7426 Base Delivery Fee: Transport delivery for 1,2 Regular, Reformulated Gasoline, Branded l EA 1 $0.00_j Transport Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 0-750 1.3 gallons EA 1 $2.3876 Transport Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 751- 1.4 2000 gallons EA 1 $1.8976 Transport Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 2001- 1.5 3000 gallons EA 1 $1_ .7976 Rack rate: Transport Delivery for No 2 Diesel, 1.6 Low sulfur EA 19307 $1.8919 Base Delivery Fee: Transport Delivery for No 2 1.7 Diesel, Low sulfur. EA 1 $0.00 Transport Delivery for No 2 Diesel, Low sulfur: 1.8 delivery load size for 0-750 gallons EA 1 $2.6194 Transport Delivery for No 2 Diesel, Low sulfur: 1.9 delivery load size for 751-2000 gallons EA 1 $2.0294 Transport Delivery for No 2 Diesel, Low sulfur: 1.10 delivery load size for 2001-3000 gallons EA 1 $1.9294 Rack rate. Bobtail Delivery for Regular, 1.11 Reformulated Gasoline, Branded, EA 160945 $1.7426 Base Delivery Fee: Bobtail Delivery for 1.12 3 Regular, Reformulated Gasoline. Branded EA I 1 $0.00 Bobtail Delivery for Regular, Reformulated Gasoline: Branded: delivery load size for 0-750 1.13 gallons EA 1 $2.3878 Bobtail Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 751- 1.14 2000 gallons EA 1 $1.8976 Bobtail Delivery for Regular. Reformulated Gasoline. Branded: delivery load size for 2001- 1.15 3000 gallons EA 1 $1.7976 Rack Rate: Bobtail Delivery for No 2 Diesel, 1.16 Low sulfur EA 19307 $1.8919 Base Delivery Fee: Bobtail delivery for No 2 1,17 Diesel, Low sulfur EA 1 $0.00 Bobtail Delivery for No 2 Diesel, Low sulfur: 1.18 delivery load size for 0-750 gallons EA _ 1 $2.5194 Bobtail Delivery for No 2 Diesel, Low sulfur: 1.19 delivery load size for 751-2000 gallons EA 1 , $2.0294 r`- Page 2 of 4 I f Bobtail Delivery for No 2 Diesel. Low sulfur: 1.20 i delivery load size for 2001-3000 gallons EA 1 $1.9249 2 HILLHOUSE LOCATION EA 1 Rack Rate: Transport Delivery for Regular, 2.1 Reformulated Gasoline, Branded EA 107297 $1.7426 Base Delivery Fee; Transport Delivery for 2.2 Regular, Reformulated Gasoline. Branded EA 1 $0.00 Transport Delivery for Regular. Reformulated Gasoline, Branded: delivery load size for 0-750 2.3 gallons EA 1 $2.3876 Transport Delivery for Regular, Reformulated Gasoline, Branded. delivery load size for 751- 2.4 2000 gallons EA 1 $1.8976 Transport Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 2000- 2.5 3000 gallons EA 1 $1.7976 Rack Rate: Transport Delivery for No 2 Diesel, I I 2.6 Low sulfur EA 28961 $1.8919 Base Delivery Fee: Transport Delivery for No 2 2.7 Diesel. Low sulfur EA 1 $0.00 Transport Delivery for No 2 Diesel, Low sulfur: 2.8 delivery load size for 0-750 gallons EA 1 $2.5194 Transport Delivery for No 2 Diesel, Low sulfur: 2.9 delivery load size for 751-2000 gallons EA 1 $2.0294 Transport Delivery for No 2 Diesel, Low sulfur: 2.10 delivery load size for 2001-3000 gallons EA 1 $1.9294 Rack Rate: Bobtail Delivery for Regular, 2-11 Reformulated Gasoline, Branded EA 107297 $1.7426 Base Delivery rate: Bobtail Delivery for 2.12 Regular, Reformulated Gasoline, Branded EA - 1 $0.00 Bobtail Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 0-750 2.13 gallons EA 1 $2.3876 Bobtail Delivery for Regular, Reformulated Gasoline, Branded: delivery load size for 751- 2.14 2000 gallons _ EA 1 $1.8976 Bobtail Delivery for Regular, Reformulated Gasoline. Branded: delivery load size for 2001- 2-15 3000 gallons ' EA 1 $1.7976 Rack Rate. Bobtail Delivery for No 2 Diesel, 2.16 Low sulfur EA 28961 $1.8919 Delivery Fee: No 2 Diesel. Low sulfur, Bobtail 2.17 Delivery, delivery load size per gallon EA 1 $0.00 Bobtail Delivery for No 2 Diesel, low sulfur: 2.18 delivery load size for 0-750 gallons EA 1 $2.6194 Bobtail Delivery for No 2 Diesel, low sulfur: 2,19 delivery load size for 751-2000 gallons EA 1 $2.0929 Bobtail Delivery for No 2 Diesel, low sulfur: delivery load size for 2001-3000 gallons 2.20 EA 1 $1.9294 .4040.1 Page 3of4 S �■ 3 REFLECTION BAY LOCATION EA 1 1 Rack Rate: Transport Delivery for No 2 Diesel, 3.1 Low sulfur EA 1 $1.7426 Base Delivery Fee: Transport Delivery for No 2 3.2 Diesel, Low Sulfur EA 1 $0.00 Transport Delivery for No 2 Diesel, Low sulfur: 3,3 delivery load size 0-750 gallons EA 1 $2.3876 Transport Delivery for No 2 Diesel, Low sulfur: 3.4 delivery load size 751-2000 gallons EA 1 $1.8976 Transport Delivery for No 2 Diesel, Low sulfur: 3.5 _delivery load size 2001-3000 gallons EA 1 $1.7976 Rack Rate: Bobtail Delivery for No 2 Diesel, 3.6 Low sulfur EA 1 $1.8918 Base Delivery Fee: Bobtail Delivery for No 2 3.7 Diesel, Low Sulfur EA 1 $0.00 Bobtail Delivery for No 2 Diesel, Low sulfur: 3.8 delivery load size 0-750 gallons EA 1 $2.5194 Bobtail Delivery for No 2 Diesel, Low sulfur: 3.9 delivery load size 751-2000 gallons _ EA 1 $2.0294_ Bobtail Delivery for No 2 Diesel, Low sulfur: 3.10 delivery load size 2001-3000 gallons EA 1 $1.9294 4 OTHER EA 1 4.1 Tax Or Any Other Charg_es EA 1 Alternate Responses Line Description UOM QTY FEES DON'T APPLY UNLESS STATE MANDATES FEE FEES ARE CALCULATED TO INCLUDE LOADING& DELIVERY. ACTUAL PRICE OF FUEL IS DETERMINED BY WHAT IS 4 Alt 1 ORDERED THAT DAY. EA 1 Performance Bond =5100.000 Payment Bond=$100,000 Both bonds will cost$1000Ipiece,so this is a 4 Alt 1 pass through to the City of Pearland EA 2 Page 4 of 4