Loading...
HomeMy WebLinkAboutR2024-159 2024-08-12Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 RESOLUTION NO. R2024-159 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price contract for the purchase of motor fuel with Houston -Pasadena Apache Oil Company, in the estimated amount of $1,250,000.00, for the period of August 13, 2024 through August 12, 2025. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the purchase of motor fuels were previously obtained by the City. 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 12t" day of August, A.D., 2024. DocuSigned by: 2F0B850BC2A475. . J. KEVIN COLE MAYOR ATTEST: DocuSigned by: [rws 9OCC22531FrF416 FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: r- DocuSigned by: C13CA898DD1F4B... DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO #0622-16B For Motor Fuel THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and Houston -Pasadena Apache Oil Company, LP("Contractor"), and consisting of the following parts: Summary of Contract Terms Signatures Standard Contractual Provisions Special Terms and Conditions Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Supplies: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: Signatures Yn F: PEARLAND joa, tkodibi 613'73788405. Purchasing Officer Date DocuSigned b5,: 8/22/2024 I 9:59 AIVr8U I '838 12 C74C423... - *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager Houston- Pasadena Apache Oil Company, LP 5136 Spencer Hwy Pasadena, TX 77501 Contractor will provide delivery of motor fuel, for the City of Pearland, as needed, per specifications of Bid #0622-16. $1,250,000.00 August 13, 2024 August 12, 2025 Renewal 2 of 4 R2024-159 ,Bid # 0622-16 8/22/2024 19:39 A *City Contract Signature Authority: CT- CT Title; — 1 ' 0 S 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 Page 1 of 6 Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 II. Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies ("Supplies') in response to Request for Bid/Proposal or Quote No, 0622-16 (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 (1) one year, 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 (2) two additional one-year periods ("Option Period(s)"), 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 $1,250,000.00, 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(apearlandtx.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: Francesca Beltran Department: Engineering and Public Works Phone: 281.652.1946 Email: fbeltranpearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Supply Contract Standard Form Page 2 of 6 Approved as to Legal Form 6.28.2O21 Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 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 less than thirty (30) days' advance written notice of cancellation, material change in 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. (8) 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. 6. 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 or 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 order, 7. Lnspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies or products that are provided but riot 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 casts 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. 9. Quality/Quantity Adjustments. Any quantities indicated on the eid/Pricing Schedule are estimates 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 less 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 adapted, as said determination is within the City Council's sole discretion when adopting each budget. Supply Contract Standard Form Approved as to Legal Form 6.2&2021 Page 3 of 6 Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 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 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. 16. 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: Arthur Grothe Title. Fleet Superintendent Address: 2016 Old Alvin Road, Pearland TX 77581 Phone: 281,652.1916 IF TO CONTRACTOR: Houston -Pasadena Apache Oil Company, LP Attn: Janet Murray Title: Account Manager Address: 5136 Spencer Hwy, Pasadena TX 77501 Phone: 281,487.5400 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 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. Supply Contract Standard Farm Approved as to Legal Form 6.28.2021 Page 4of6 Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 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 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 ore -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 written 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. Severabiiity. 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 Supply Contract Standard Form Page 5 of 6 Approved O5 to Legal Form 6.28.2021 Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 to the documents in the following order of priority: 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). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2262.908, 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 .t, 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. III. Special Terms and Conditions. None_ IV. 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 a Warranty Requirements Incorporated by Reference Only: Exhibit 1: RF'B/RFP/Quote No.0622-16 Exhibit 2: Contractor's Bid/Proposal Response Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 6 Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 ATTACHMENT A -- SCOPE OF WORK vendor shall provide the delivery of motor fuel to the City of Pearland, as needed, per the specifications of RFBIIRFPIQuote No. 0622-16. Pricing is as follows per contractor's response to the same, as listed per Attachment B. Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 ATTACHMENT B — BID/PRICING SCHEDULE Per the Scope of Work provided in the bid: 3.0 BID PRICE FORMULA .1 The unit price will be determined from the posted price for a particular motor fuel as listed in the Oil Price Information Service (OPIS), Report for Houston. Texas, Rack Prices. The last daily report published prior to delivery will provide the base price for application of the pricing formula above_ The report shall be as published by OPIS. Worksheets have been provided to aid in submitting pricing_ 3.2 Contractor agrees to supply and deliver, as requested, motor fuels based on the following formula: the OPIS unit price plus a fixed differential. The differential shall include all freight and handling except for any statutory state or federal fee or tax (The City of Pearland is exempt from federal fuel taxes. We do pay state fuel tax on gasoline and diesel.) 3.3 Deliveries shall be made on a net gallon basis, temperature corrected to sixty degrees (60) degrees Fahrenheit. Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 ATTACHMENT C - INSURANCE REQUIREMENTS ikeiteh City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.552.1775 ebids't}earlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City 8 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 AMOUrar OF IrJSurt,4NCE PRovIsrol s 1_ T]Cornmercial Workers' Compensation Employers' Liability (INC} Statutory Limits $1,D00,000 per occurrence For WC. CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30 - day notice of cancellation or material Change in coverage. WC, CGL and BAL, City shall be provided 3D -day notice of cancellation or material change in coverage. CGL will include a non-contributory y addendum_ General (Public) Liability (CGL) to include coverage For a) Premises/Operations b) Products/Completed Operations c} independent Contractors d} Personal Injury el Contractual Liability Personal Injury - $1.400,000 per person; Property Damage - $1,000.004 per occurrence; General Aggregate - $2,000.000 3. Business Auto Liability (BAL) to include coverage for: a} OwnedfLeased vehicles b) Non -owned vehicles c} Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also he required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be ernaited to: Purchasing Department at ebids(d.pearlandlx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids(tpe$rla ndtx . gov_ This form must be signed and returned with your bidfquotatiorr. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. PrajectIBld $ Company; Signature and PrintsdNanle: Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 03/26/24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PETRO AG INSURANCE AGENCY 2251 N Loop 335 West Ste D Conroe, TX 77304 INSURED Houston -Pasadena Apache Oil Company LP dba Apache Oil Company P.O. Box 177 Pasadena, TX 77501 COVERAGES TX 77501 NAME; Chris BAtten PHONE -- - --- ..—. ..— [ mA E Extg (936)441-9955 Ac No}: (936)441-9992 — E-MAIL ADDRESS: kadelk@petoo-ag.com INSURER{SI AFFORDING COVERAGE INSURER A ; Nationwide Agribusiness Insurance Company INSURER B : Texas Mutual Ins Co_ ENSURER G : Tokio Marine Specialty Insurance Company INSURER II): General Star Indemnity - INSURER C INSURER F NAIL #. 28223 22945 23850 37362 CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I IARRL SUES�LICY E�POLICY EX� -- -- LTR • TYPE OF INSURANCE INSU WVn POLICY NUMBER [M.yfIOR1YYYY] [MMID0/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XJ OCCUR GEN'•_AGGREGATE LIMIT APPLIES PER; Xl POI.ICY f E�RO- l.. I LOC JECT OTHER; Y I CPP140749A AUTOMOBILE LIABILITY XANY AUTO A T OWNED F, I AUTOS ONLY HIRED AUTOS ONLY X I CA9948 A&D B SCHEDULED AUTOS X• NON -OWNED AUTOS ONLY X • MOS-ES ENDORS I Y X' UMBRELLA LIAR I X OCCUR I EXCESS LIAB J CLAIMS -MADE Y A DED I RE`EN'rION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY FRQP,HIET"OIL'PAIR`NERIEHECUT,VE I-- OFFIDER/MEMBE SECLUDED? NIA Y 0001317497 (Mandatary fn NH) f yes, describe under DESCRIPTION OF OPERATIONS below Y CPP140749A 03131124 03131/25 EACH OCCURRENCE $ 1,000,000 DAMAGE TOO RENTED PREMISES {Ea ❑ccurrence) $ 100,000 MED EXP {Any one person) I.. _ 5,00G PERSONAL & ADV INJURY I T' GENERAI_AGGREGATE $ PRODUCTS - COMP/OP AGO 3 1,0013,000 2,000,000 2,000,000 03/31/24 03/31/25 COMBINED SINGLE LIMIT IFaacci IEnt;. • 3O0ILY INJURY (Per person) S BODILY INJURY (Per acsleantl $ I PROPERTY DAL1AGE. $ [Per we:cent] 1,000,000 Y CU140749A/IXG676374A ' 03/31/24 Environmental/pollution Physical Damage It PPK2535869 03/31/24 03/31/25 EACH OCCURRENCE AGGREGATE $ X I STATUTEH�_ 5,000,000_ 5,000,000 03/31/25 E.L. EACH A; CIDEN _ S 1,000,000 E.L. DISEASE - [.,q EMPI.CYE1= $ _ 1,000,000 E.L. D:SEASE- POLICY LIMIT $ 1,000,000 03/31/24 03/31/25 Per Occurrence Aggregate Comp/Coll DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 151, Additional Remarks Schedule, may be attached a mare space Is required) City of Pearland is listed as Additional insured with respects to the General Liability and Auto Liability. General Liability, Auto Liability and Workers Compensation contain a Waiver of Subrogation in favor of the City of Pearlenad as required by written contract. General Liablltiy and Auto Liability is Primary and Non -Contributory over other insurance. Policies include 30 day of Notice of Cancellation, 1,000,000 2,000,000 5,000/5,000 CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 ATTACHMENT C — 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. Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 July 16, 2024 City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Tel: 281,652.1600 pearlandtx.gvv Houston Pasadena Apache Oil Company, LP Attn: Janet Murray janetm@apacheoilcompany.cone Dear Ms_ Murray: Please be advised that the City of Pearland proposes to exercise its right to renew on the current contract for Motor Fuel for the City of Pearland, per the specifications of City of Pearland bid 0622- 16, The terms and conditions set forth in bid specifications in 2022 allow for four (4) one-year renewal periods if both parties are in agreement with renewing. The renewal option will begin on August 15, 2024 and expire August 14, 2025. If you find the stated terms satisfactory, please sign and date this letter and return a scanned copy via email to IlevasseurAcea rlandtx.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. We thank you for the time and effort that Houston Pasadena Apache Oil Company, LP puts forth in servicing the account. if you need any further information, please contact the Purchasing Division at (281) 652-1670, Sincerely, Lakyn LeVasseur City of Pearland Purchasing Business Partner ACCEPTED: . s VP 0 # to0ATE Housto Paso• na cache Oil Cornany, LP Page 1 of 1 Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 Dacu$Ign Envelope ID: FEA01432-5010-4035-9BD6-FGDBCB197300 RESOLUTION NO. R2022-187 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit price contract for the purchase of motor fuel from Houston -Pasadena Apache Oil Company, in the estimated amount of $900,000.00, for the period of August 9, 2022 through August 8, 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the purchase of motor fuels have been obtained and reviewed by the City_ Section 2. That the City Council hereby awards a contract to Houston -Pasadena Apache Oil Company, in the unit supply amounts reflected in Exhibit "A" attached hereto. Section 3. The City Nlanageror his designee is hereby authorized to execute a contract for the purchase of motor fuels, PASSED, APPROVED and ADOPTED this the 8t'' day of August, A.D_, 2022. OaauSlpned by. [i19�r2... J. KEVIN COLE MAYOR ATTEST: Dom]Sagned by: RroarLot-s 1P itime F-RMNIFEF6F4AGtilLAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSivned by: [71- E1: CA8 Oe1raBE.. DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: C5838EC8-342A-48E1-9353-4781EB318B11 DocuSign Envelope ID:400032D9-2DAD-4015•B9SC-9F8133C766A2 RESOLUTION NO, R2023-181 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price contract for the purchase of motor fuel with Houston -Pasadena Apache Oil Company, in the estimated amount of $1,000,000.00, for the period of August 15, 2023 through August 14, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the purchase of motor fuels have been obtained and reviewed by the City. 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 141h day of August, A.D., 2023. oocu Signed by J. KEVIN COLE MAYOR ATTEST: Ile uSigned by: Fravats i11 1Lai'' FR UILAR, TRMC, MCC CITY SECRETARY APPROVED AS TO FORM: e—doauSi!ned by: El2C rArA6161.1c4i4. DARRIN M. COKER CITY ATTORNEY �VyY�n{i,YrM,t Vrnt 3