INVITATION TO BID

Motor Fuel for

City of Pearland

ITB 84-26

PRE-BID DATE: Thursday, July 23, 2026

PRE-BID TIME: 10:00 A.M.

DUE DATE: Thursday, August 6, 2026

DUE TIME: 2:00 P.M.

CITY OF PEARLAND, TEXAS

3523 Liberty Drive Pearland, TX 77581

(281) 652-1790 https://pearland.ionwave.net https://pearland.ionwave.net/

CONTENTS

Section I – Introduction and ITB Response Information 3

Section II – Technical Specifications/Scope of Work 5

Section III- Bid Award 12

Section IV - Terms and Conditions 13

SECTION I: INTRODUCTION AND ITB RESPONSE INFORMATION

Introduction The City of Pearland is accepting bids from qualified vendors for Motor Fuel in full accordance with the specifications, scope of work, terms and conditions contained in this ITB request.

Pre-Bid Meeting (Virtual Only) Date & Time: Thursday, July 23, 2026, at 10:00 AM Join: https://teams.microsoft.com/meet/268910925958490?p=CoJNV6lLq5IRoz8xQR Meeting ID: 268 910 925 958 490 Passcode: 23jJ36EZ

Bid Opening (Virtual Only) Date & Time: Thursday, August 6, 2026, at 2:00 PM Join: https://teams.microsoft.com/meet/240679638816625?p=AE1CbbeiEODCu16YEt Meeting ID: 240 679 638 816 625 Passcode: rq3aN6KX

ITB Response Information It is the intent of the City of Pearland to select a single/multiple provider(s) to furnish all the services outlined in this Invitation to Bid. Bids will be evaluated utilizing the criteria herein.

Bids will be submitted no later than Thursday, August 6, 2026, by 2:00 P.M. to be considered. Bids may be submitted in the following formats:

1. By sealed electronic bid, as found in the City’s E-bid system at https://pearland.ionwave.net.

Electronic bids shall be submitted through the City’s website by the date and time stated above.

All interested e-bidders must register as a supplier on the City’s E-bid system, at no charge, at the above web address by clicking on “Supplier Registration” and providing the required information. Registration provides access to bid specifications and any subsequent changes to the ITB specifications or bid time and date. Questions regarding electronic bidding should be directed to Purchasing at ebids@pearlandtx.gov. All bids submitted electronically will remain sealed and confidential until the opening date and time when they will be unsealed and read into the public.

2. Hard copy submission, include one (1) original and one (1) electronic version of the bid, in person to City of Pearland, City Secretary’s Office, City Hall, 3519 Liberty Drive, Pearland, TX 77581. Envelope shall be sealed and clearly marked with Bid number ITB 84-26 Motor Fuel and Company Name and Address.

3. By mail to address stated in item (B), above;

4. By commercial delivery service to address stated in item (B) above;

5. Facsimile and/or email transmittals shall not be accepted as valid bids.

https://teams.microsoft.com/meet/268910925958490?p=CoJNV6lLq5IRoz8xQR https://teams.microsoft.com/meet/240679638816625?p=AE1CbbeiEODCu16YEt https://pearland.ionwave.net/ mailto:ebids@pearlandtx.gov

Bid Response

Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non-responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid.

Taxes:

Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes.

Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract.

Brand Name or Equal:

If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City.

Delivery Time:

Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time.

Free on Board (FOB) Point:

Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder’s expense and risk, and their tender delivery to the City.

Bids offering any other delivery terms are not acceptable and may be cause for rejection.

Prices:

1. Bids shall be firm priced offers unless otherwise specified.

2. Pricing shall be entered on the Bid Solicitation e-bidding platform or manually in ink(if submitting a hard copy).

3. Totals shall be entered in the "Total Price" column of the Bid Solicitation.

4. In the event of a discrepancy between unit price and extended price, the unit price shall govern.

Signature:

The Bidder must provide a signature on each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder.

Bid Security:

If a bid security is required for this purchase, the requirement will be reflected in the “Specification” section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded.

1. To be an acceptable surety on the bond:

a. The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or

b. The surety must have capital and surplus equal 10 times the amount of the bond.

The surety must be licensed to do business in the state of Texas.

Alternate Bids:

Bidders may offer an “equal” product as an alternate bid. Final “approved equal” determination remains with the City.

Proprietary Information:

All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt.

If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General.

Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request.

Bid Preparation Costs:

All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder.

SECTION II - TECHNICAL SPECIFICATIONS (SCOPE OF WORK)

The City of Pearland is accepting bids from qualified vendors for an annual contract to supply unleaded and diesel fuels for use in City vehicles and equipment in full accordance with the specifications, terms and conditions contained in this bid specification.

The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable.

SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

1.0 GENERAL

1.1 The awarded vendor will furnish the necessary personnel, services and facilities to provide and deliver fuels requested by the City. The fuels to be provided under this contract shall meet or exceed the most recent fuel specifications.

1.2 Awarded vendor shall maintain a staffed office for the processing of work orders and specific job-related information during normal working hours, 7:30 a.m. to 5:00 p.m.

five (5) days a week. An after-hours/emergency number shall be provided by the Awarded Vendor to answer all calls placed after normal working hours seven (7) days per week (via Attributes tab).

1.3 The Awarded vendor is expected to perform all work in a competent and professional manner. Any damage to City property, either direct or indirect, resulting from the vendor, or their employees must be repaired fully and completely at the cost to the vendor, including work, materials, and any litigation fees that may be incurred to recover the cost of such damages not repaired or not repaired in a workmanlike manner.

1.4 The City reserves the right to use other vendors when it is deemed to be in its best interest to do so, as in the following examples:

1.4.1 Service and/or material quality is not acceptable (does not meet specifications);

1.4.2 Service and/or material is not available on the day it is needed, or within specified delivery requirements;

1.4.3 Awarded bidder fails to respond to service request, i.e. does not return phone calls in a timely manner.

1.5 City reserves the right to request a different worker if it deems any worker’s quality of work to be poor or if issues with attendance or behavior (discourteous, belligerent, unsafe, etc.) arise. City’s request will be submitted in writing stating reasons.

1.6 Vendor must ensure that their employees assigned to work at the City facilities have legal right to work in the United States, and vendor must comply with requirements of E-verify program, as administered by U.S. Citizenship and Immigration Services.

1.7 Vendor must perform background (on the State level) and criminal history check. Provide a letter stating that all employees subject to working on City property have had background checks performed and meet the requested requirements. Ensure that no employee assigned to work at a City facility has been convicted of:

1.7.1 A felony or any offense that designates the individual as a sex offender.

1.7.2 Found to have any conviction relating to theft, identity fraud, or vandalism.

1.8 Material Safety Data Sheets (MSDS): Awarded Vendor must furnish material safety data sheets (MSDS) on each chemical/fuel that is intended for use.

1.9 Services Completed and Payment

1.9.1 Failure to Provide Product/Services: The City’s contract representative may deduct from the invoices the value of product/services not provided. Persistent billing for services not provided or failure to adequately provide services may be the cause for termination of the contract.

1.9.2 Payment: The Vendor will invoice for actual product/services completed.

Frequent inspections will be conducted by City staff for verification.

1.10 Emergency Phone Numbers: Provide City staff with current emergency and non-emergency phone number contacts (via the Attributes tab).

2.0 FUEL TYPES AND ESTIMATED QUANTITIES

2.1 The City of Pearland requirements herein are regular unleaded gasoline (with additives – this should include any TCEQ mandated clean burning reformulated fuels) and Number 2 diesel fuel low sulfur. Estimated usage is as follows:

Old Alvin location Regular Unleaded 5,000 – 14,000 gallons monthly 2018 Old Alvin Rd Un-Died Low Sulfur Diesel 4,000 – 10,000 gallons monthly Pearland, TX 77581

Hillhouse location Regular Unleaded 7,000 – 10,000 gallons monthly 2559 Hillhouse Rd Un-Died Low Sulfur Diesel 5,000 – 10,000 gallons monthly Pearland, TX 77584

Diesel fuel generators Un-Died low Sulfur Diesel 20,000 gallons annually

2.2 All quantities are estimates only and shall not be construed as the actual requirement.

Contractor shall make no claim for loss arising from the difference between the actual quantity required and the estimated quantity stated above.

3.0 BID PRICE FORMULA

3.1 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.

4.0 DELIVERY

4.1 Motor fuels shall be delivered by the contractor in appropriate vehicles and all transportation and delivery charges shall be borne by the contractor.

4.2 It is the intent of the City to consolidate needs whenever possible/feasible. Both Gasoline and Diesel are typically ordered at one time – split delivery.

4.3 Vehicles making the deliveries shall be equipped with the proper ticket printers, meters, or State of Texas certified truck tank markings to assure accurate measure.

4.4 There will be two (2) main drop locations at this time, with a third location possibly coming online within the coming months/year, plus generator locations. The City operates approximately thirty (30) generators that will need periodic fuel during this contract period (see Generator List in “Attachments” Exhibit B tab for locations and sizes).

4.5 Main drop locations and tank sizes (City owned tanks)

4.5.1 City of Pearland - Old Alvin

2018 Old Alvin Rd Pearland, Texas 77581

Tank 1 – 12,000 Unleaded Tank 2 – 12,000 Diesel

4.5.2 City of Pearland - Hillhouse Fuel Station

2559 Hillhouse Rd Pearland, Texas 77584

Tank 1 – 12,000 Unleaded Tank 2 – 12,000 Diesel

4.6 Average size of delivery is 7,500 gallons of Unleaded and 7,200 Diesel.

4.7 Contractor will use appropriate vehicles for drop locations as required.

4.7.1 Tank wagon vehicles may be needed for some generator locations during emergency events, where drop may be as low as 200 to 300 gallons.

4.7.2 An above ground pump with three-inch connection will be required.

4.8 All deliveries shall be made between 8:00 a.m. and 4:00 p.m., Monday through Friday.

4.9 Motor fuels purchased under this agreement shall be delivered within twenty-four hours, or one (1) working day, after notification of order by the City. If the Contractor is unable to comply with this requirement, the City reserves the right to purchase motor fuels on the open market and apply all costs in excess of prices established by this contract to the account of the Contractor.

4.10 The City may occasionally require delivery of fuel on weekends or holidays, or at times outside normal working hours. Vendor should reflect any transportation fee associated with such a delivery on the bid sheet.

4.11 A copy of the factory loading order (truck bill of lading and manifest) for all transport loads showing gross gallons and temperature-adjusted gallons on the delivery truck must be provided at the time of delivery. Failure to provide this ticket will result in refusal of delivery.

4.12 Leakage from tanks shall be reported immediately to the Fleet Superintendent. The City will be responsible for repair and remediation of actual storage tank leakage.

4.13 Contractor is responsible for site remediation from storage tank over-fills and/or delivery spillage.

4.14 Temperature Adjustment – Diesel/Unleaded Transport Deliveries

4.14.1 The contractor shall make adjustment and allowance in the gallons of diesel and unleaded transport deliveries to compensate for change in temperature of fuels, i.e. Contractor must show temperature of fuel at loading point at the time it was unloaded onto the transport and must show the correction and adjustment made in gallons delivered to the City using 60 degrees F as normal temperature reading.

4.14.2 Such corrections and adjustments will be shown on all deliveries of 5,000 gallons or more on invoices to the City of Pearland.

5.0 EMERGENCY PREPAREDNESS PLAN

5.1 In the event of an emergency, the contractor shall agree to top off all City of Pearland generators no less than 24 to 48 hours prior to an anticipated event, such as expected hurricane landfall, etc.

5.2 Bidders shall provide an emergency contingency plan, detailing measures and procedures for assuring continuity of staffing, communications, and product delivery, both pre- and post-event.

6.0 TESTING

6.1 Representative samples may be taken from any delivery by the City of Pearland and tested for compliance with the specifications.

6.2 If the material so tested complies with specifications, the expense of such test shall be borne by the City.

6.3 If the materials tested do not comply with the specifications, the contractor bears the cost of testing and will be required to remove said materials within twenty-four (24) hours after notification and replace them with bid-compliant product.

7.0 PRICING

7.1 City of Pearland will not pay any additional charges unless specified in bid .

7.2 If unit pricing and extended pricing differ, unit pricing prevails.

7.3 Prices for all products herein shall be held for a minimum of 90 days beyond the opening date to allow ample time for City Council approval of the purchase. Prices shall be all inclusive. No price changes, additions or subsequent qualifications will be honored after the bid opening. Additional charges not shown on the bid will not be honored. All prices must be in ink.

8.0 BID REQUIREMENTS

8.1 Provide pricing via the Line Items tab in the e-bid system. Any additional fees not called out in the Line Items list can be added via “Add Notes”;

8.2 Provide a letter indicating the following (upload to the “Response Attachments” tab):

8.2.1 Number of years in operation, experience and capability;

8.2.2 List supply location(s), number of company delivery vehicles and capacity;

8.2.3 List of Bidder’s suppliers for both Unleaded Fuel and #2 Diesel Fuel;

8.2.4 The underlying philosophy of the firm in providing the service;

8.2.5 Include an identifiable typical analysis sheet(s) based on actual test results showing the properties of each type of motor fuel proposed. Bidder will note if fuel is branded or unbranded.

8.2.6 Provide an emergency contingency plan;

8.2.7 Confirm employees’ background check and criminal history check;

8.2.8 Confirm that all employees subject to working on City property have had background checks performed and meet the requested requirements;

8.2.9 In addition to the documentation required within this bid, Offeror may include any additional licenses, certifications or designations possessed by the Offeror.

8.3 Include experience list of at least three companies with comparable contracts;

include description of contact information and contact information;

8.4 Required documents to be completed (located in “Attachments” tab of the e -bid system; upload completed forms to the “Response Attachments” tab); note “N/A” on form if not applicable:

8.4.1 Insurance Requirements;

8.4.2 Local Bidder Preference Claim Form;

8.4.3 Conflict of Interest Questionnaire;

8.4.4 Contractor Questionnaire;

8.4.5 Non-collusion statement;

8.4.6 House Bill 89 Verification;

8.5 Respond to questions on Attributes tab.

9.0 TYPE OF CONTRACT

The City contemplates award of a firm fixed price contract resulting from this solicitation. It is a nonexclusive contract; the City may award additional contracts to additional vendors at its discretion.

10.0 REQUIRED INFORMATION / DOCUMENTS

All information and completed forms submitted by a Vendor in response to this solicitation shall become an integral part of the resultant contract.

APPROVAL OF RESULTANT CONTRACT

The contract, which may result from this solicitation, is subject to approval by Pearland City Council and may be neither executed nor binding, until so approved.

11.0 COSTS INCURRED BY BIDDER

The City will not be responsible, under any circumstances, for any submittal preparation costs or other costs incurred by any bidder before the execution of a contract between the City and the successful bidder

General For the purpose of ITB 84-26, when and if applicable, all deliveries shall be F.O.B Pearland and include delivery to Engineering and Public Works, 2016 Old Alvin Road and 2555 Hillhouse Road, Pearland Texas 77581 (unless other location provided by department). Additional general requirements listed below:

1. Specifications may reference any manufacturer, catalog, brand name or model numbers. It is the intent of the City of Pearland to be descriptive, not restrictive, and to establish a desired quality level for supplied product or to meet a pre-established standard of quality. Offerors may offer items of equal quality and the burden of proof of such equality rests with them. The City of Pearland shall act as sole judge in determining quality and acceptability of products offered.

2. All delivery tickets shall have a City of Pearland purchase order number. Delivery of each line item specified on purchase order shall be complete in quantity before shipment to the City.

Loose and different sized material shall be packaged separately and shrink wrapped.

3. Offeror shall deliver materials within the time frames stated in their bids. Delivery time shall be stated in number of calendar days. Three (3) instances of failure to deliver in a timely manner consistent with bid may result in termination of the contract.

4. Offerors submitting a bid on a manufacturer other than that stated, must supply manufacturers’ specification sheets on items offered. Failure to include specification sheets may result in being disqualified.

5. Orders shall be placed on an “as needed” basis. Offeror shall advise if there is a minimum dollar amount per order.

6. Fuel surcharges, miscellaneous, and or any other charges or fees are not allowed. All delivery fees must be added to the unit prices on delivered items only.

7. City reserves the right to adjust the number and sizes of equipment, depending on need, before and during the contract period.

8. The Offeror is expected to make deliveries in a competent and professional manner. Any damage to public or private property during the prosecution of work, either direct or indirect, resulting from the Offeror, or their employees must be repaired fully and completely at the cost to the Offeror, including work, materials, and any litigation fees that may be incurred to recover the cost of such damages not repaired or not repaired in a workmanlike manner.

9. All tools and equipment necessary to perform specified work shall be provided by the Offeror.

10. At a minimum, Offeror shall maintain a staffed office for the processing of work orders and specific job-related information during normal working hours, 7:30 A.M. to 5:00 P.M., five (5) days a week.

Bidding Requirements

1. Provide pricing via the Line Items tab in the e-bid system. Any additional fees not called out in the Line Items list can be added via “Add Notes”; optional equipment may be included by selecting “Add Notes” for the applicable line item.

2. Required documents to be completed (located in “Attachments” tab of the e-bid system;

upload completed documents to “Response Attachments” tab):

1. Insurance Requirements;

2. Local Bidder Preference Claim Form;

3. Conflict of Interest Questionnaire (note N/A if not applicable);

4. Contractor Questionnaire;

5. Non-collusion statement;

6. House Bill 89 Verification;

7. Attributes – on a separate tab in the e-bid system.

SECTION III – BID AWARD

Bids will be evaluated based on the lowest responsive and responsible bidder complying with all the provisions of the solicitation, provided the bid price is reasonable, and it is in the best interest of the City to accept it.

A responsive bidder is defined to be one who submits a completed bid packet within the stated time deadline and in accordance with the bid specification.

A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured.

In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards.

The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City.

The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature.

The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large.

If Local Preference is completed by any Bidder, the City will review to determine whether Local Preference will apply to the award.

Debarment and Suspension

Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties

SECTION IV: TERMS AND CONDITIONS

Electronic Documents Requesting firms/individuals may be supplied with the original documents in electronic form to aid in the preparation of bid(s). By accepting these electronic documents, Firms agree not to edit or change the language or format of these documents. Submission of a bid by firms/individuals signifies full agreement with this requirement.

Receipt of Bids The submitted Bid(s) must be received by the City Purchasing Office prior to the time and date specified.

The mere fact that the bid was dispatched will not be considered; the firm/individual must ensure that the bid is delivered.

Regardless of cause, late qualifications will not be accepted and will automatically be disqualified from further consideration. It shall be the Vendor’s sole risk to assure delivery at the designated office by the designated time. Late qualifications will not be opened and may be returned to the Vendor at the expense of the Vendor or destroyed if requested.

Questions and Inquiries Questions should be submitted in writing no later than five (5) days prior to the specified due date of the ITB and may be submitted to: ebids@pearlandtx.gov.

The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

City Prerogative to Accept/Reject Bids The City reserves the right to accept or reject any or all Bids as a result of this request, to negotiate with all qualified sources, or to cancel, in part or in its entirety, this Invitation to Bid if found in the best interest of the City. All Bids become the property of the City of Pearland.

No Reimbursement of Bid Preparation Cost There is no express or implied obligation for the City of Pearland to reimburse responding firms for any expenses incurred in preparing Bids in response to this Invitation to Bid and City of Pearland will not reimburse responding firms for these expenses, nor will City pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

Agreement mailto:ebids@pearlandtx.gov

If a Contractor intends to request that the City of Pearland execute a contractor agreement or contract form in connection with the award of this contract, said form must be submitted with the bid for review by the City’s legal counsel during the evaluation of bids.

It shall be understood by all parties that all specifications herein shall apply to, and be construed as a binding part of, any contract awarded as a result of this ITB.

Communication Prospective vendors shall communicate only with the Purchasing Division staff identified herein during the entire ITB process (from this solicitation to award). The City shall not be responsible for any verbal or non-verbal communication between a potential bidder and any other employees of the City; and such action may be cause for rejection of the bid. Only written requirements and qualifications, and addenda as issued by the City of Pearland Purchasing Division will be considered.

Company Ownership/Management Should there be a change in the awarded vendor ownership or management, the contract may be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party without the written consent of the other party.

Independent Contractor The parties contend that Contractor, in performing the services specified herein, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. It shall be free to contract for similar services to be performed for other employers while it is under contract with the City. Contractor is not to be considered an agent or employee of the City and is not entitled to participate in any pension, medical or dental plan, or any other benefit provided by the City to its employees.

Disclosure At the public opening, there will be no disclosure of contents to competing firms, and all Bids will be kept confidential during the negotiation process. Except for trade secrets and confidential information which the Firm identifies as proprietary, all Bids will be open for public inspection after the contract award.

Contract Term

Contract term shall be three (3) years from date of award. Upon completion of the term of the original contract, and upon the mutual agreement of both parties, the original contract may be renewed for two

(2) additional one (1) year periods. The price of all items purchased under this annual contract are firm for the first annual period of this contract. However, if the option to renew for additional one-year period(s) is exercised by the City of Pearland, a price adjustment upward may be requested by the Contractor by the application of the formula set forth in the paragraph below. The index to be used in the computation of the price adjustment shall be the “All Items Index” item under the “U.S. City Average” category as quoted in the publication Consumer Price Index for the Houston-Galveston- Brazoria Consolidated Metropolitan Statistical Area, which is issued by the U.S. Department of Labor, Bureau of Labor Statistics.

The index for the month most recently published at the time of bid award shall be used as a base for determining price adjustment(s). The index for the month most recently published at the time of contract expiration/possible renewal shall be used in determining the adjusted contract price(s) for ensuing contract period(s), should renewal option(s) be exercised, and unit price adjustments be requested. Contract price adjustments shall be determined as follows: Unit Price % change (the point difference between the base index and the subsequent specified index is divided by the beginning index points and multiplied by 100) in the index equals amount of price change eligible for adjustment.

Whenever a price adjustment is made computing the most recent price adjustment. Whenever a price adjustment is made pursuant to this clause in contracts with multiple renewal options, the index that was used for determining further adjustments. There shall be a minimum of at least twelve months between price adjustments for contracts having multiple renewal options.

Addenda Any addenda to the bid specifications issued during the period between issuance of the ITB and receipt of bids are to be considered covered in the bid and in awarding a contract they will become a part thereof. Receipt of addenda should be acknowledged by vendors in their response by responding to the addenda acknowledgement in the “Attributes” tab on the City’s e-bidding website.

False or Misleading Statements If, in the City’s opinion, a bid contains false or misleading statements or references that do not support a function, attribute, capability, or condition as contended by the vendor, the entire bid may be rejected at the discretion of the City.

Deviations and Exceptions Deviations from, or exceptions to, the terms, conditions and specifications herein shall be described fully on the proposer’s letterhead, with an authorized signature, and shall be attached to the subject bid. In the absence of such statement, the bid shall be accepted to be in strict compliance with all terms, conditions and specifications, and the bidder/proposer shall be held liable.

Clarification of Bid We reserve the right to obtain clarification of any point in a vendor’s bid or to obtain additional information necessary to properly evaluate a particular bid. Failure of a vendor to respond to such a request for additional information or clarification may result in rejection of the vendor’s bid.

Responsiveness Bids should respond to all requirements of this ITB to the maximum extent possible. Contractors are asked to clearly identify any limitations or exceptions to the requirements inherent in the proposed system. Alternative approaches will be given consideration, if the approach clearly offers the City increased benefits.

Rejection of Bid Bids that are not prepared in accordance with these instructions to contractors may be rejected/disqualified. If not rejected, the City of Pearland may request correction of any deficiency and accept the corrected bid upon compliance with these instructions to proposing contractors.

Clients and References Contractor shall provide a minimum three (3) references of similar size and scope of service as that described herein, for work performed within the past two (2) years. The following information should be provided for each reference:

Name and full address of organization/client;

Contact name and title;

Address and email;

Telephone; and Description of services provided.

Interlocal Participation The City may, from time to time, enter into Inter-local Cooperative Purchasing Agreements with other governmental entities (hereafter collectively referred to as “Entity” or “Entities”) to enhance the City’s purchasing power. At the City’s sole discretion and option, City may inform other Entities that they may acquire items listed in this bid. Such acquisition(s) shall be at the prices stated herein and shall be subject to Offeror’s acceptance.

In no event shall City be considered a dealer, re-marketer, agent or other representative of awarded Offeror or Entity. Further, City shall not be considered and is not an agent; partner or representative of the Entity making purchases hereunder and shall not be obligated or liable for any such order.

Entity purchase orders shall be submitted to awarded Offeror by the Entity.

Awarded Offeror authorizes City’s use of Offeror's name, trademarks and Offeror provided materials in City’s presentations and promotions regarding the availability of use of this contract. The City makes no representation or guarantee as to any minimum amount being purchased by City or Entities, or whether Entity will purchase utilizing City’s contract.

City will not be liable or responsible for any obligations, including but not limited to payment, and for any item ordered by an Entity other than City.

Indemnification It is understood that any resulting contract executed will contain the following Indemnification and Release language:

Indemnification To the full extent permitted by law, the Contractor (separately and collectively the “Indemnitee”) shall indemnify, hold harmless, and defend the City of Pearland, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party.

Release The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City of Pearland, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder.

This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party.

Assignment and Subcontracting The contractor shall not assign or subcontract the work, or any part thereof, without the previous written consent of the City, nor shall he assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so-called assignment of this contract or any part thereof, unless such assignment has been authorized by the written consent of the City. In case the contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work.

Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, his subcontract shall be immediately terminated by the contractor upon notice from the City. The successful bidder shall be fully responsible and accountable to the City for the acts and omissions of his subcontractors, and of persons directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontract and the City.

Conflict of Interest Provide a completed copy of the Conflict-of-Interest Questionnaire (Form CIQ), attached herein.

Termination of Contract Termination for Cause: If, through any cause, the successful contractor shall fail to fulfill its obligations in a timely and proper manner, or if the successful Contractor shall violate any of the covenants, agreements or stipulations of the contract, the City shall thereupon have the right to terminate the award by giving written notice to the awarded Contractor of such termination and specifying the effective date of termination. In that event, and as of the time notice is given by the City, all finished or unfinished services, reports or other materials prepared by the successful contractor shall, at the option of the City, become its property, and the successful contractor shall be entitled to receive applicable compensation for any satisfactory work, prepared documents, or materials as furnished by bidder, and accepted by City. Notwithstanding the above, the successful contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of the breach of the award by the successful contractor and the City may withhold any payments to the successful contractor for the purpose of set off until such time as the exact amount of the damages due the City from the bidder is determined to be met.

Termination for Convenience: The City may terminate the contract at any time by giving written notice to the successful contractor of such termination and specifying the effective date thereof, at least thirty

(30) calendar days before the effective date of such termination. In that event, all finished or unfinished services, reports, materials prepared or furnished by the successful contractor under the contract shall, at the City’s option, become its property. If the award is terminated by the City as provided herein, the successful contractor will be paid an amount as of the time the notice is given by the City which bears the same ratio to the total compensation as the services performed or material furnished bear to the total services/materials the successful Contractor covered by the award, less payments of compensation previously made.

Unit Price Adjustment

The unit prices may be adjusted for increases or decreases in Vendor’s cost during the renewal period but before the effective date of the renewal upon written request from the Vendor.

PRICE ADJUSTMENT CAP:

Contingent on the structure of the contract the primary term will be a firm price with no price adjustment change. Renewal options will have the ability to request an increase with a maximum price escalation of 3% in alignment with PPI or CPI matrix for substantiation.

1. The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request.

2. The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request.

3. Prices bid shall remain firm for each term of the Agreement and shall include all associated freight and delivery costs.

4. Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern.

5. Upon expiration of the Agreement term the successful Offeror, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-solicit an agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the prior agreement rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement.

6. Goods and/or services shall not be suspended by the Vendor without a 30-day prior written notice to the City.

7. Contract term shall be three (3) years from date of award. Upon completion of the term of the original contract, and upon the mutual agreement of both parties, the original contract may be renewed for two (2) additional one (1) year periods. The unit prices of all items purchased under this annual contract are firm for the first annual period of this contract.

However, if the option to renew for additional one-year period(s) is exercised by the City of Pearland, a price adjustment may be requested if done so no later than 120 days before the term expires and by the application of the formula set forth in the paragraph below. The price adjustment shall be based upon the Consumer Price Index (CPI) measure identified below.

8. Any request for price adjustment shall be based upon the following:

a. Consumer Price Index

b. Series: All items in Houston-The Woodlands-Sugar Land, TX, all urban consumers, not seasonally adjusted.

This information can be found by following these steps:

1. US Bureau of Labor Statistics: https://www.bls.gov/

2. Data Tools (top of page)

3. Top Picks, One Screen, Multi-Screen, and Maps: https://www.bls.gov/data/home.htm

4. Look under Inflation and Prices, Prices – Consumer header.

5. Select All Urban Consumers (Current Series) (Consumer Price Index – CPI) / One Screen:

https://data.bls.gov/PDQWeb/cu

a. Select an Area = Houston-The Woodlands-Sugar Land, TX

b. Select one or more Items = All Items

c. Make sure the “Not Seasonally Adjusted” box is checked and the “Seasonally https://www.bls.gov/ https://www.bls.gov/data/home.htm https://data.bls.gov/PDQWeb/cu

Adjusted” box is unchecked.

d. Select ‘Get Data’

Methodology: The percentage change requested shall be calculated (and included in the request) by determining the index point change between the appropriate two periods; and then determining the percent change. The formula to be used is as follows:

(Most current CPI – CPI of the month and year contract executed)

X 100

CPI of the month and year contract executed

The following example illustrates the computation of a percent change:

This example assumes that the current contract period is from October 1, 2021, to September 30, 2022.

The request is being made in May 2022, which is at least 120 days prior to the annual renewal date of October 1, 2022. The most recent CPI index would be April 2022 (i.e., the prevailing CPI at time of the adjustment request). The CPI for the prior year contract start date would be the index for October 2021, since that is when the current contract period started.

CPI at time of the adjustment request (Current) 256.668 (April 2022)

Less CPI for prior year contract start date (Original month and year of contract execution) 243.813 (October 2021)

Equals index point change 12.855

Divided by previous period CPI 243.813 (October 2021)

Equals 0.0527

Result multiplied by 100 0.0527 X 100

Equals percent change 5.27%

Adjusted price(s) may be higher or lower than the original Contract pricing, as dictated by the applicable index values. Any price adjustments requested in subsequent years of the agreement will be calculated in the same manner.

There shall be a minimum of at least twelve months between price adjustments for contracts having multiple renewal options.

Pricing City of Pearland will not pay any additional charges unless specified in bid. These charges may include, but are not limited to, delivery charges and/or fuel surcharges. Additional pricing requirements;

1. Bidder must specifically list and itemize any additional charges in the bid “Line Items” via “Add Notes”.

2. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract.

3. If unit pricing and extended pricing differ, unit pricing prevails.

Orders

Orders may be placed by phone or email. Note: requests are only to be taken from authorized City staff from the Utilities Dept.

1. Any requests made by other individuals must be filtered through City staff from the Utilities

Dept.

2. Awarded bidder shall maintain a 98% or better order fulfillment rate on contract items.

Backorders It is the City’s intent to minimize backorders, thereby reducing time and costs associated with handling each order. If a backorder is unavoidable, awarded bidder shall notify appropriate City personnel and provide the estimated delivery date.

1. City of Pearland may request to cancel backordered items without charge, and may order elsewhere as may be in the best interest of the City.

2. Backorders shall be held to a minimum and limited to no more than a three (3) business day delay.

Substitutions Awarded bidder must fulfill order as specified by order. Substitutions will not be allowed once the order has been placed.

1. In cases when a product or brand is discontinued or not readily available, or when the requestor specifically requests a substitution, substitutions may be recommended.

2. Substitutions shall be of equal or better quality at equal or less price than the original item requested and shall be accepted only with prior approval by the Utilities Department.

Returns Awarded bidder shall accept all returns, if provided product has not been used.

Definitions To simplify the language throughout this request for bids, the following definitions shall apply:

CITY OF PEARLAND – The government of the City of Pearland, Texas; including the City Council, City Manager, or his designee(s).

CITY COUNCIL – The elected officials of the City of Pearland, Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the State of Constitution and Laws.

CONTRACT – An agreement between the City and a Provider to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity and/or service specified.

CITY – Same as the City of Pearland.

OFFEROR/VENDOR– The respondent, proposer, contractor, vendor, or submitting party of a response to this ITB.

ITB – Invitation to Bid.