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R2021-213 2021-09-27 RESOLUTION NO. R2021-213 A Resolution of the City Council of the City of Pearland,Texas, renewing a unit price contract for the purchase of motor fuel from Houston-Pasadena Apache Oil Company, in the estimated amount of$750,000.00,for the period of October 1, 2021 through September 30, 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously awarded a competitive unit supply contract for the purchase of motor fuels. Section 2. That the City Council hereby renews a contract 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 27th day of September, A.D., 2021. • EVIN COLE MAYOR ATT R STAL ROAN, TRMC, CMC ,.�`''QER CITY SECRETARY �•.. APPROVED AS TO FORM: I ` � 3 PO I DARRIN M. COKER CITY ATTORNEY City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO. 0619-52 MOTOR FUEL THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and Contractor ("Contractor"), and consisting 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 Supplies: Contractor will provide delivery of motor fuel, for the City of Pearland, as needed, per the specifications of Bid #0619-52 Contract Amount: Unit Price Contract, Estimated Amount of $750,000.00 Effective Date: October 1, 2021 End Date: September 30, 2022 Renewals: 0 Resolution No/Bid No: #0619-52, R2021-213 II. Signatures CITY OF PEARLAND Kristen V ao'.ley (Oct 6, 2021 03.59 CDT) Oct 6, 2021 Purchasing Officer eg:;?,ersi Date *Signed by: r Date ____ Superintendent/Manager Director ✓Deputy/Assistant City Manager City Manager CONTRACTOR h i/ 1,17_44./1/0/2A 41rA ,,e-(2)L, (o, i> Title: egA _' Date: *City Contract Signature Authority: Superintendent/Manager — up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Apache Oil flornnc iy 5136 Spence, 1-..,::;.\•%fay Pasadena, TX 77505 Page 1 of 6 832731.6763 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies ("Supplies") in response to Request for Bid/Proposal or Quote No. 0619-52 ( Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1), with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to 0 additional one- year periods ("Option Periods)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an amount not to exceed $750,000.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name: Sue Arredondo Department: Engineering & Public Works Phone: 281.652.1946 Email: sarredondo@pur.hctx.net 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the Contract Administrator. Additionally, the COI must state that the City shall be provided no Tess than thirty (30) days' advance written notice of cancellation, material change in Supply Contract Standard Form Page 2 of 6 Approved as to Legal Form 6.28.2021 coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract y. Purchase Release Order. For multiple -release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department o r division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release o rder 7. Inspection and Acceptance City may inspect all Supplies before acceptance. Any Supplies o r products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is incorporated into this Contract. Quality/Quantity Adjustments Any quantities indicated on the Bid/Pricing Schedule are e stimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering Tess than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own manner and method, and Supply Contract Standard Form Page 3 of 6 Approved as to Legal Form 6.28.2021 under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 15. Notice. Any notice required under this Contract must be given by hand delivery or certified mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day after postmark if sent by certified mail Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Jacoby Perkins Title: Fleet Superintendent Address: 3501 East Orange Street, Pearland, TX 77581 Phone: 281.652.1916 IF TO CONTRACTOR: Houston -Pasadena Apache Oil Company, LP Attn: Tim Smith Title: Account Manager Address: P O. Box 177, Pasadena, TX 77501 Phone: 832.731.6763 16. 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 1S 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 LAWW, 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. 17. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party Supply Contract Standard Form Page 4 of 6 Approved as to Legal Form 6.28 2021 disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal 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. 18. Attorney's Fees 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. 19. Termination. (A) 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 Supplies provided in accordance with this Contract to the date of termination. (B) 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 shall provide 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 wntten notice to the other party, specifying the date of termination. Termination of this Contract pursuant to 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. 20. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages 22. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 23. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 24. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Supply Contract Standard Form Page 5 of 6 Approved as to Legal Form 6.28.2021 A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor s bid response (Exhibit 2). 25. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties' as part of this Contract if required by said statute for items approved by City Council. 26. Governing Law. Contractor agrees to comply with all federal, Texas and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 27. H B 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28. Public Information Act Requirements This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1 000 000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29. Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. 0619-52 Exhibit 2: Contractor's Bid/Proposal Response Supply Contract Standard Form Page 6 of 6 Approved as to Legal Form 6.28.2021 ATTACHMENT A - SCOPE OF WORK 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, R2021-213. Pricing is as follows per contractor's response to the same, as listed per Attachment B. ATTACHMENT B - BID/PRICING SCHEDULE Line Description UOM EST QTY Unit Cost CLAD Al VIN LOCATION I EA 1.1 Rack Reformulated Rate Transport Gasoline, delivery Branded for Regular, EA 160945 $1.7426 1.2 Base Regular, Delivery Reformulated fee: Transport Gasoline, delivery Branded for EA 1 $0.00 1.3 Transport Gasoline gallons Delivery Branded: for delivery Regular, Toad Reformulated size for 0-750 EA 1 $2.3876 1.4 Transport Gasoline 2000 gallons Delivery Branded: for delivery Regular, load Reformulated size for 751- EA 1 $1.8976 1.5 Transport Gasoh 3000 gallons to Delivery Branded: for delivery Regular, load Reformulated size for 2001- EA 1 $1.7976 1.6 Rack Low rate: sulfur Transport Delivery for No 2 Diesel, EA 19307 $1.8919 1.7 Base Diesel, Delivery Low sulfur, Fee: Transport Delivery for No 2 EA 1 $0.00 1.8 delivery Transport load Delivery size for for 0-750 No 2 gallons Diesel, Low sulfur: EA 1 $2.5194 1.9 delivery Transport Load Delivery size for for 751-2000 No 2 Diesel, gallons Low sulfur: EA 1 $2.0294 1.10 delivery Transport load Delivery size for for 2001-3000 No 2 Diesel, gallons Low sulfur: EA 1 $1.9294 1.11 Rack Reformulated rate: Bobtail Gasoline, Delivery Branded, for Regular, EA 160945 $1.7426 1.12 Base Regular, Delivery Reformulated Fee: Bobtail Gasoline, Delivery Branded for EA 1 $0.00 1.13 Bobtail Gasoline, gallons Delivery Branded: for Regular, delivery load Reformulated size for 0-750 EA 1 $2.3878 1.14 Bobtail Gasoline, 2000 gallons Delivery Branded: for Regular, delivery load Reformulated size for 751e EA 1 $1.8976 1,15 Bobtail Gasoline, 3000 gallons Delivery Branded: for Regular, delivery load Reformulated size for 2001- EA 1 $1.7976 1.16 Rack Low sulfur Rate: Bobtail Delivery for No 2 Diesel, EA . 19307 $1.8919 1.17 Base Diesel, Delivery Low sulfur Fee: Bobtail delivery for No 2 EA 1 $0.00 1,18 Bobtail delivery Delivery load size for for No 2 0-750 Diesel, gallons Low sulfur: EA 1 $2.5194 1.19 Bobtail delivery Delivery load size for for No 2 751-2000 Diesel, gallons Low sulfur: EA 1 $2.0294 Bobtail delivery Delivery load size for for No 2001-3000 2 Diesel, LoN gallons sulfur: EA 1 $1.9249 1.20 2 HILLHO.USE LOCATION 1 EA 2.1 Rack Reformulated Rate Transport Gasoline, Delivery Branded for Regular, EA 107297 $1.7426 2.2 Base Regular, Delivery Reformulated Fe®: Transport Gasoline, Delivery Branded for EA 1 $0.00 2.3 Transport gallons Gasoline Delivery Branded: for delivery Regular, Toad Reformulated size for 0-750 EA 1 $2.3876 2.4 Transport Gasoline 2000 gallons Delivery Branded: for delivery Regular, load Reformulated size for 751- EA 1 $1.8976 2.5 Transport Gasoline 3000 gallons Delivery Branded: for delivery Regular, load Reformulated size for 2000- EA 1 $1.7976 2.6 Rack Low sulfur Rate: Transport Delivery for No 2 Diesel, EA 28961 $1.8919 2.7 Base Diesel, Delivery Low sulfur Fee: Transport Delivery for No 2 EA 1 $0.00 2.8 Transport delivery toad Delivery size for for 0-7,50 No 2 gallons Diesel, Low sulfur: EA 1 $2.5194 2.9 Transport delivery load Delivery size for for 751-2000 No 2 Diesel, gallons Low sulfur: EA 1 $2.0294 2.10 Transport delivery load Delivery size for for 2001-3000 No 2 Diesel, gallons Low sulfur: EA 1 $1.9294 2.11 Rack Reformulated Rate: Bobtail Gasoline, Delivery Branded for Regular, EA 107297 $1.7426 2.12 Base Regular, Delivery Reformulated rate: Bobtail Gasoline, Delivery Branded for EA 1 $0.00 2.13 Bobtail gallons Gasolino, Delivery Branded: for Regular, delivery load Reformulated size for 0-750 EA 1 $2,3876 2.14 Bobtail 2000 Gasoline, gallons Delivery Branded: for Regular, delivery load Reformulated size for 751- EA 1 $1.8976 2.15 Bobtail Gasoline, 3000 gallons Delivery Branded: for Regular, delivery load Reformulated size for 2001- EA 1 $1.7976 2.16 Rack Low sulfur Rate: Bobtail Delivery for No 2 Diesel, EA 28961 $1.8919 2.17 Delivery Deliver , Fee: deliver No 2 Toad Diesel, size Low sulfur, allon Bobtail EA 1 $0.00 er 2.18 delivety DeliveryBobtail load- for • 2 0-750 Diesel, gallons low sulfur: EA 1 $2.5194 2.19 delivery Bobtail Delivery load size for for No 2 751-2000 Diesel, gallons low sulfur: EA 1 $2.0929 2,20 delivery Bobtail Delivery load size for for No 2001-3000 2 Diesel, low gallons sulfur: EA 1 $1.9294 3 BAY LOCATION t REFLECTION EA . Rack Rate: Transport Delivery for No 2 Diesel, 3.1 Low EA 1 $1.7426 sulfur i Rose Delivery Foe: Tn rispurt 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 EA 1 S2.31376 gallons 'Transport Delivery for No 2 Diesel, Low sulfur: 1 $1.8976 3,4 delivery lead size 751-2000 gallons FA Transport Delivery for No 2 Diesel, Low sulfur: $1.7976 3.5 delivery Load size 2001-3000 gallons EA 1 Bobtail Delivery for No 2 Diesel, Rack Rate: 3.f3 Low sulfur EA 1 S1.8918 A Dolivery for No 2 31 Base Diesel, Delivery Low Sulfur Rio: Bobtail EA 1 $0.00 Bobtail Delivery for No 2 Diesel, Low sulfur: 3.8 delivery load size 0;750 EA 1 $2.5194 gallons Bobtail Delivery for No 2 Diesel, Low sulfur: $2.0.294 3.9 delivery lead sire 751-2000 (Films Fig Bobtail Delivery for No 2 Diesel, Low sulfur: A 3.10 delivery load size 2001-3000 gallons EA ' 1 $1.9294 a - EA 1 it al Fla( 1 4.1 Tax Or Any C)ther Charges FA Alternate Responses Lino Description f EES DON'T APPLY UNLESS STATE MANDATES FEE FEES ARE CALCULATED TO INCLUDE LOADING & DELIVERY. ACTUAL PRICE OF FUEL IS DETERMINED BY WHAT IS /t Alt 1 ORDERED TIIAT DAY. Per foruiance Bond = $100,000 Payment Do►ni = $100,000 Both bonds will cost $1000/piece, so this is a l Alt 1 pass through to the City of Pearland UOM QTY EA EA 1 ATTACHMENT C - INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland, Listed below are the types and amounts of insurances required, The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work, Type of Insurance Amount of Insurance Provisions 1. Workers Compensation Employers' Liability Statutory Limits $100,000 per occurrence 2. Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability 3, Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Personal Injury - $1,000,000 per person Property Damage - $1,000,000 per occurrence; General Aggregate - $1,000,000 Combined Single Limit - $1,000,000 City to be provided a WAIVER OF SUBROGATION and 30-day n otice of cancellation or material change in coverage. City to be listed as additional insured and provided 30-day n otice of cancellation or material change in coverage. City shall be provided 30-day n otice of cancellation or material change in coverage. Certificate of Insurance forms may be sent to Purchasing Department. ATTACHMENT D - WARRANTY Items or services shall conform to the proposed .specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Apache Fuel FY22 signed Final Audit Report 2021-10-06 Created: 2021-10-06 By: Julie Blackmore (jblackmore@pearlandtx.gov) Status: Signed Transaction ID: CBJCHBCAABAAIcjiRZ2MXsLhsx0jaEPmNgFfsEC0yd8Z "Apache - Fuel FY22 signed" History 15 Document created by Julie Blackmore (jblackmore@pearlandtx.gov) 2021-10-06 - 2:25:22 PM GMT- IP address: 170.76.141.2 � Document emailed to Kristen Woolley (kwoolley@pearlandtx.gov) for signature 2021-10-06 - 2:26:13 PM GMT `n Email viewed by Kristen Woolley (kwoolley@pearlandtx.gov) 2021-10-06 - 2:59:19 PM GMT- IP address: 99.50.125.240 . Document e-signed by Kristen Woolley (kwoolley@pearlandtx.gov) Signature Date: 2021-10-06 - 2:59:37 PM GMT - Time Source: server- IP address: 99.50.125.240 (9 Agreement completed. 2021-10-06 - 2:59:37 PM GMT Adobe Sign City of Pearland ct Pkv. 3519 Liberty Drive Pearland, Texas 77581 ° Tel: 281.652.1600 _ '\_ pearlandtx.gov TEXAS I''_?. i eh August 4, 2021 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 second and final 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, 2021 and expire October 31, 2022. If you find the stated terms satisfactory, please sign and date this letter and return an electronic copy to jblackmorepearlandtx.qov (it will auto send if you sign electronically). 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 7niSeth Aug 16,2021 ACCEPTED: Tim Smith(Aug 16,2021 08:50 CDT) DATE: Houston-Pasadena Apache Oil Company, LP Page 1 of 4 Apache Oil Company (Houston-Pasadena Specification Responses Apache Oil Company, LP) EST Line Description UOM QTY Unit Cost 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 1.2 Regular, 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 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 $2.5194 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 Regular, 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, 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 Page 2 of 4 Bobtail Delivery for No 2 Diesel, Low sulfur: 1.20 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, 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 $2.5194 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 Page 3 of 4 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 Charges EA 1 Alternate Res onses 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=$100,000 Payment Bond =$100,000 Both bonds will cost$1000/piece, so this is a 4 Alt 1 pass through to the City of Pearland EA 2 Signature: Email: tsmith@apacheoiEcompany.com Page 4 of 4 l 1 ) ATTACHMENT C — INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers' Compensation Statutory Limits City to be provided a WAIVER Employers' Liability $100,000 per occurrence OF SUBROGATION and 30-day notice of cancellation or material change in coverage. 2. Commercial General Personal Injury-$1,000,000 per City to be listed as additional (Public) Liability to include person; Property Damage- insured and provided 30-day coverage for: $1,000,000 per occurrence; notice of cancellation or a) Premises/Operations General Aggregate- material change in coverage. b) Products/Completed $1,000,000 • Operations City shall be provided 30-day c) Independent notice of cancellation or Contractors material change in coverage. d) Personal Injury e) Contractual Liability 3. Business Auto,Liability to Combined Single Limit- • include coverage for: $1,000,000 a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be sent to Purchasing Department. ATTACHMENT D —WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. • If (dml �1 Apache - Fuel FY22 signed Final Audit Report 2021-10-06 Created: 2021-10-06 By: - Julie Blackmore(jblackmore@pearlandtx.gov) Status: Signed Transaction ID: CBJCHBCAABAAIcjiRZ2MXsLhsx0jaEPmNgFfsEC0yd8Z "Apache - Fuel FY22 signed" History 5 Document created by Julie Blackmore(jblackmore@pearlandtx.gov) 2021-10-06-2:25:22 PM GMT-IP address:170.76.141.2 04. Document emailed to Kristen Woolley(kwoolley@pearlandtx.gov)for signature 2021-10-06-2:26:13 PM GMT 5 Email viewed by Kristen Woolley(kwoolley@pearlandtx.gov) 2021-10-06-2:59:19 PM GMT-IP address:99.50.125.240 d© Document e-signed by Kristen Woolley(kwoolley@pearlandtx.gov) Signature Date:2021-10-06-2:59:37 PM GMT-Time Source:server-IP address:99.50.125.240 ® Agreement completed. 2021-10-06-2:59:37 PM GMT p Adobe Sign