Loading...
HomeMy WebLinkAbout224-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 224-18 File Number: 2018-0574 BID #18-34 THE GOODYEAR TIRE AND RUBBER COMPANY: A RESOLUTION TO AWARD BID #18-34 AND AUTHORIZE A ONE YEAR CONTRACT WITH THE GOODYEAR TIRE AND RUBBER COMPANY FOR THE PURCHASE OF RECAP TIRES AND CASINGS AS NEEDED BY THE FLEET OPERATIONS DIVISION FOR VARYING UNIT PRICES, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #18-34 and authorizes Mayor Jordan to sign a one year contract with The Goodyear Tire and Rubber Company for the purchase of recap tires and casings as needed by the Fleet Operations Division for varying unit prices as set forth in the contract and bid documents, with automatic renewals for up to four additional one year terms. PASSED and APPROVED on 11/8/2018 Page 1 Attest: Sondra E. Smith, City Cler l�Tv�3 IMZIN� ��'G 'TY p�•F�9.�'r•�. • L• {n� t ;FAYEITEVILLE;�' ��3'••'�7CANSP ••����' 1119118 r _ City of Fayetteville, Arkansas 113 West Mountain Street ' Fayetteville, AR 72701 (479) 575-8323 Text File -- File Number: 2018-0574 Agenda Date: 11/8/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 BID #18-34 THE GOODYEAR TIRE AND RUBBER COMPANY: A RESOLUTION TO AWARD BID #18-34 AND AUTHORIZE A ONE YEAR CONTRACT WITH THE GOODYEAR TIRE AND RUBBER COMPANY FOR THE PURCHASE OF RECAP TIRES AND CASINGS AS NEEDED BY THE FLEET OPERATIONS DIVISION FOR VARYING UNIT PRICES, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #18-34 and authorizes Mayor Jordan to sign a one year contract with The Goodyear Tire and Rubber Company for the purchase of recap tires and casings as needed by the Fleet Operations Division for varying unit prices as set forth in the contract and bid documents, with automatic renewals for up to four additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 11/9/2018 Jesse Beeks/Sara Glenn Submitted By City of Fayetteville Staff Review Form 2018-0574 Legistar File ID 11/8/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/10/2018 FLEET OPERATIONS (770) Submitted Date Division/ Department Action Recommendation: A resolution to award Bid 18-34 and authorize the purchase of recap tires and casings from The Goodyear Tire and Rubber Company for varying unit prices as needed for a term of one (1) year with four one-year automatic renewals. Budget Impact: 9700.770.1910-5214.01 Account Number Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Shop Fund Fund Project Title i _. $ _. V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: The "item cost" and "current budget" boxes have been left blank because these items will vary depending upon the Fleet Division's fluctuating needs based on vehicle needs, wear & tear, and weather conditions. CITY OF _ FAYETTEVI LLE ARKANSAS MEETING OF NOVEMBER 8, 2018 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Jesse Beeks, Fleet Operations Superintendent DATE: October 10, 2018 CITY COUNCIL MEMO SUBJECT: Approval of Recap Tires and Casings Contract RECOMMENDATION: That City Council to award Bid 18-34 and authorize the purchase of recap tires and casings from The Goodyear Tire and Rubber Company for varying unit prices as needed for a term of one (1) year with four one-year automatic renewals. BACKGROUND: The City of Fayetteville's current Recap Tires and Casings contract with Southern Tire Mart, LLC is expiring on November 5, 2018. A new contract needs to be in place to insure there is as little lapse in service as possible. DISCUSSION: Bid 18-34 was opened May 23, 2018. The Goodyear Tire & Rubber Company was the low bidder, a bid tab sheet is attached. BUDGET/STAFF IMPACT: Fleet recommends that Council award Bid 18-34 and authorize the purchase of recap tires and casings from The Goodyear Tire and Rubber Company for varying unit prices as needed for a term of one (1) year with four one-year automatic renewals. Tires have been budgeted in operating budgets. Attachments: Bid Tab 18-34 Contract Bid 18-34 Documents The Goodyear Tire & Rubber Company Submitted Bid Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 M O O O 8 d o° ON p C) p O r,4 N J a O of Q Q O T N C] Z Lr), D E A !O W 7 u d N Np � N V1 N Vpl V} pN 8 O p y p8 8 9 8O rte1 8O LCA, u a 01 O Q vii Q N 1� = d N W d U N 8 A 8 %n 8 8 8 8 8 3 A N A 0 W U 6 yN �,W N N VI N IA V1 N V1 Vi • 8 p 8 8 8 8 CL C p m cq c d Ln 00 W N F N •NN N VI VQ1 VI to I VmZ Vvi m dN a oU Ln. o 10 V � a � d �a�f1•� 4A VI IA 'A N V} U N 10 w u r O � m n cx O V � C °w v d •- �n A Aco U 4 V1 O uj p « O m c J d o. o ro J vi r .-i ✓i ry A v a Aa o o u x Ul_ A � o � \ A L LL � Z o E v O Q v `W > r Y Z � � C U LL Q o o 0 - — ti o� rE z u City of Fayetteville, AR CITY O F FAYETTEVILLE Contract for: Recap Tires and Casings WVendor: The Goodyear Tire &Rubber Company ARKANSAS Term: One (1) year with four one-year automatic renewals This contract executed this day of 2018, between the City of Fayetteville, Arkansas (City) and The Goodyear Tire & Rubber Company (Goodyear) In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Goodyear at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, insurance, tax permits, and all other items and services necessary to complete items bid per Bid 18-34 Recap Tires and Casings as stated in Goodyear's bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 18-34, all included herein as if spelled out word for word. a. The City of Fayetteville shall pay Goodyear For items purchased based on pricing provided by Goodyear for the project based on percentage of work completed. b. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments. Payments may be expedited through Goodyear accepting Visa at no additional cost to the City. 2. The Contract documents which comprise the contract between the City of Fayetteville and Goodyear consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: Bid package identified as Bid 18-34 Recap Tires and Casings with the specifications and conditions typed thereon inclusive of all bidding documents and issued addenda. b. Appendix B:Goodyear' bid proposal c. Appendix C: Bid 18-34, Bid Tabulation 3. These Contract documents constitute the entire agreement between the City of Fayetteville and Goodyear and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Goodyear. 4 Neither party shall assign its duties under the terms of this agreement. This is a non-exclusive contract and City of Fayetteville reserves the right to purchase similar items or services from other vendors as needed. 5. Goodyear agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, to the extent arising from Goodyear's negligent or willful misconduct in connection with the performance of this contract. This clause shall not City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Vendor: The Goodyear Tire & Rubber Company Page 1 of 3 in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 6. Goodyear shall furnish a certificate of insurance addressed to the City of Fayetteville, showing coverage for the following insurance which shall be maintained throughout the term of the Contract. Coverage may be met through insurance policies or self-insurance coverage. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Goodyear shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by Goodyear. a. Workmen's Compensation: Statutory Amount b. Comprehensive General & Automobile Insurance: $500,000 for each person injured. c. Bodily Injury Liability: $1,000,000 for each accident. d. Property Damage Liability: $1,000,000 aggregate. 7. Goodyear shall furnish proof of licensure as required by all local and state agencies. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. Changes in scope or price_ Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in advance of the change in scope, cost or fees. 10. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute. 11. Service Requirements: a. Goodyear shall place tires in correct stocking location, with City inventory labels on the correct tire. b. Tires are Bar Coded upon pick up for tracking purposes. Goodyear shall send the City an email listing the quantity of what size tire was picked up, determining what is expected back to the City. c . Goodyear agrees to provide "hot shot" or urgent deliveries as needed. d. Goodyear agrees to provide a credit in the amount of $50.00 per casing for 315/80R225 tires provided to Goodyear from the City under the condition they are (a) Goodyear, Michelin or Bridgestone casings; (b) have not been previously retreaded; (c) are Five (5) Years or less in age as calculated from the original DOT number; and (d) no -section repairs and have no more than one (1) nail hole puncture repair in crown of tread. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Vendor: The Goodyear Tire & Rubber Company Page 2 of 3 12. Goodyear agrees to provide the City with a primary account representative to insure pricing accuracy, deliveries, order requests, etc. The City reserves the right to require assignment of a different primary account representative in the event performance issues with delivery and/or service are identified and provided to Goodyear. WITNESS OUR HANDS THIS DAY OF k)Q\ 1j) � 2018. DY R U E COMPANY By: Signature Brent B. Strandberg, General Mana Operations Goodyear Commercial Tire & Service Centers Printed Name & Title AaxwJ.%00 ATTEST�Si� gna[ure Daniel T. Young Assistant Secretary Company Secretary (Printed Name) If applicable Business Address: 200 Innovation Way Akron, OH 44316-0001 City, State & Zip Code City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Vendor: The Goodyear Tire & Rubber Company Page 3 of 3 stGW � ori ATTEST: (Signature) y•' �,JY6;.. .- • FAYETTE VILLE:= Sondra E. Smith, City Clerk, �esrer ►.'S'• '`�A NSP'.''`.' Business Address: M110 %,►`�ti 113 W. Mountain Fayetteville, AR 72701 City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 113 W. Mountain FAY E T T E V I L L E Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8220 IV TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 18-34, Recap Tires and Casings DEADLINE: Wednesday May 23, 2018 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imc au h@fa etteville-ar. ov DATE OF ISSUE AND ADVERTISEMENT: Thursday May 03, 2018 INVITATION TO BID Bid 18-34, Recap Tires and Casings No late bids will be accepi:ed. Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm Contact Person: E -Mail: Business Address: City Signature: City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 1 of 15 State: Title: Phone: Date: Zip: City of Fayetteville Bid 18-34, Recap Tires and Casings Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 18-34, Recap Tires and Casings The City is seeking bids from qualified vendors for the purchase of recap tires and casings along with related services for the City of Fayetteville's Fleet Operations Division. All sealed bids are due by Wednesday May 23, 2018 before 2:00 PM, Local Time. All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at http.1/fayetteville-ar.gov/`bids . All questions should be directed to Les McGaugh, (479)-575-8220, Inir au h fa etteville-ar. ov. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville By: Les McGaugh, Purchasing Agent P: 479.575.8220 Imc au h rDfa et#eville-ar. ov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 05/03/2018 City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 2 of 15 City of Fayetteville Bid 18-34, Recap Tires and Casings Bid Form DATE REQUIRED AS A COMPLETE UNIT: 14 CALENDAR DAYS FROM DATE OF ORDER F.O.B. Fleet Operations, 1525 S. Happy Hollow Road, Fayetteville, AR 72701 ITEff. DESCRIPTION (Manuf. Part No.) + . RICE Recap_ -Tires 1 11R / 22.5 300 j 255 / 70 R 22.5 SU $ Casipg 3 11R / 22.5 �� $ 4 255 / 70 R 22.5 10 Services 5 Re/Cap Mount/Dismount 150 $ 5 Nail Holes patch & plug Repair Free $ $ 7 Section/ Repairs 50 $ $ Services Calls for repair service at 8, Fleet, or other City Locations, $ Delivery Charge TOTAL BASE BiiJ: � $ Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BID FORM CONTINUES ON THE NEXT (PAGE. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 3of15 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 4 of 15 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *STATE: *PHONE: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: DUNS NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. Dated: Addendum No. Dated Addendum No Dated. Addendum No. Dated. FAX: CAGE NUMBER: Acknowledged by: Acknowledged by: Acknowledged by: Acknowledged by: *ZIP: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 5 of 15 City of Fayetteville Bid 18-34, Recap Tires and Casings General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid RFP or RF number shall be on the outside of the packaging as well as on an packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents Rd2L to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 6 of 15 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITH DRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 7of15 and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 8 of 15 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 9of15 In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 10 of 15 will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales toxsholl not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (Imcgaugh@fayetteville-ar.gc)v). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Irncgaugh _)fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 11 of 15 sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 12 of 15 City of Fayetteville Bid 18-34, Recap Tires and Casings Specifications BIDDING REQUIREMENTS: o When given a specification option with a blank (example a. ), bidder shall write a "check mark" or write "Les" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. o Bidders shall NOT supply warrantypapers for the City to interpret whether a warranty specification is met or not. 1.0 GENERAL - 1.1 All item(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to minimums, unless otherwise noted. 1.3 Service calls shall be good for any call dispatched within the City of Fayetteville, AR for City business. 1.4 This bid shall be awarded all or none. Please provide a sample of the tire(s) proposed in your bid, in the form of an actual sample of the tire as opposed to an actual tire. 2.0 MANUFACTURER/MODEL- 2.1 All rubber shall be Manufacturer's Premium line 2.2 Price shall be valid for 180 calendar days after bid deadline date. 2.3 This contract is for a mount and dismount program. 3.0 TECHNICAL SPECIFICATIONS - 3.1 Recaps a._ Only recap process allowed shall be Goodyear, Bandag, Michelin, or Bridgestone / Firestone. b._ Only the Premium manufactured line shall be provided to the City. Rubber design shall be waste hauler line 26/32 ". C. Tires may be recapped no more than 6 times. Awarded vendor shall be responsible for tracking the number of recaps per tire based on individual unit identification. Upon the sixth recap, the awarded vendor shall inform the City the item has reached its maximum recap capacity. 3.2 Casings a._ Only virgin Load Range G casings allowed b._ No Bus casings C. No casings over 4 years old d._ Only Goodyear, Michelin, Firestone / Bridgestone casings allowed e._ All City of Fayetteville casings not approved for retread by the bidder shall be returned to Fleet for pre - approval prior to discarding by the City of Fayetteville. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 13 of 15 3.3 Repairs a._ All repairs shall be made in accordance with the Tread Rubber Manufacturers Group (TRMG) b._ A maximum 5% quality repair failure rate will be allowed. C. Vendor shall stock enough recaps / casings in stock to adequately supply the City of Fayetteville's tire needs. 3.4 Service: a._ Service for recaps shall be on an as needed basis with a minimum pickup/delivery of one (1) one per week at no additional charge to the City b._ When tires are picked up, Fleet requires a list of the tire numbers that are picked up as well as the number of mounted and not mounted tires. C. Service calls for mounts and dismounts as needed J._ All prices shall include any applicable fuel surcharges as well as any cost for delivering the items bid. No additional cost for delivery, pickup, or fuel surcharge shall be allowed. e._ All recaps shall be marked with Fleet's inventory number and put in stock. 4.0 DELIVERY/ DOCUMENTATION - 4.1 All tires shall be delivered F.O.B. to the City's Fleet Operations facility, located at 1525 S. Happy Hollow Road, Fayetteville, Arkansas 72701, for compliance review and final acceptance. 5.0 PRICE INCREASES - a._ All Price Increases shall be provided with appropriate back up documentation showing itemized per tire price increases received from suppliers and shall be approved prior to any orders taking place. Vendors shall allow thirty (30) calendar days for price increase approval. The City shall not allow a price change on orders shipped and/or delivered prior to a price request increase being submitted to the City. Prices bid shall be valid for a minimum of 180 calendar days from the date of bid opening. b._ The City reserves the right and intends to award a secondary supplier contract to the second lowest responsive responsible bidder in case of quality or delivery issues by the primary provider. C. The City reserves the right to deviate from estimated purchase quantities. The current estimated quantities are based on actual usage data from the past year. d._ Vendor guarantees against increases in quoted price for the first 180 calendar days from the date of the bid deadline. e._ Contract Length shall be for one year with four (4) yearly renewable options. This contract may be terminated by either party by a thirty (30) day written notice without penalty. f._ In the event of a price increase by the primary bidder, the City reserves the right to purchase from the second lowest responsive responsible bidder in the event such price increase causes the secondary bidder to be lower. 6.0 STANDARDS- 6.1 TANDARDS- 6.1 Each unit shall meet or exceed the following applicable standards. a. Environmental Protection Agency's Exhaust Emission Standards (EPA). b._ Occupational Safety and Health Administration Standards (OSHA). 7.0 WARRANTY REQUIREMENTS - 7.1 The Bidder agrees that the supplies or services furnished under this contract award shall be covered by the City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 14 of 15 most favorable commercial warranties that the Bidder gives any customer for such supplies or services. A copy of this warranty shall be furnished with this bid response package. In addition to this and normal implied warranties, the Bidder shall provide the minimum expressed product warranty that, if the retreads fail while in service and the cause is faulty workmanship and/or materials, the tire shall be returned to the Bidder and be adjusted in accordance with the following scales: a._ Tires failing due to manufacturer's defect before 20% of original tread is worn, shall be refunded at the full retread cost. b._ Tires failing beyond 20% of the original tread shall be adjusted on a pro -rated basis based on the remaining tread, down to 2/32nds (4/32nds for any tire on the front wheels of any vehicle.) C. Warranty shall cover transportation costs to and from the City of Fayetteville. The City shall not pay an additional expense of any kind for warranty repairs, including but not limited to freight, fuel, transportation costs, shipping, etc. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 15 of 15 GOOD 0 YEARO COMMERCIAL TIRE & SERVICE CENTERS 200 Innovation Way, Akron, Ohio 44316 Telephone: 330-796-3782 Facsimile: 330-796-4276 May 22, 2018 Les McGaugh, Purchasing Agent City of Fayetteville Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Subject: Bid 18-34, Recap Tires and Casings Dear Mr. McGaugh: Goodyear CT&SC and its location in Springdale, AR are pleased to respond to your Invitation to Bid. The products we are proposing are Goodyear precure retreads proposed are made with Goodyear manufactured materials, utilizing Goodyear proprietary deigns in retread plants approved under the Federal Government's Cooperative Plant Quality Certification process. Goodyear CT&SC has modified the "Execution of Bid" statement for Item 6, as Goodyear is a publicly held company which does not track the employment of the relatives of our employees. This also affects the requirements of General Terms and Conditions, Part 6.b. Goodyear must advise the City, per the statement of General Terms and Conditions Part 11, Collusion, that, with respect to City's use of the word "connection", that Goodyear is large tire manufacturer with many independent dealers, and, Goodyear provides pricing to its dealers in the ordinary course of business without any intent to reduce competition. Goodyear requests, if it is the successful bidder, that the City advise Goodyear in writing with thirty days' reasonable of its offer to renew this agreement after the first year. Goodyear offers to the City, concerning Part 23, that it will negotiate additional pricing in good faith. Please note for your records that Goodyear self -insures for general liability coverages including have self-insured retentions. Goodyear appreciates the City of Fayetteville's review of our proposal for your Bid 18-34, Recap Tires and Casings. Please contact me or Mr. Jason Stine of this office (330-796-9489) with your questions. Please note for your records that effective January 1, 2017, Goodyear Commercial Tire & Service Centers ("Goodyear CT&SC") has been integrated into The Goodyear Tire & Rubber Company as an operating department. Sincerely, Brent B. Strandberg General Manager Operations Goodyear Commercial Tire & Service Centers Attachment for Bid 18-34, Recap Tires and Casings CC: Risk Management Legal Goodyear CT&SC —Springdale, AR PEG 0419imnF CITY OF City of Fayetteville, Arkansas Purchasing Division — Room 306 FAY E T T E V I L L E 113 W. Mountain Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 18-34, Recap Tires and Casings DEADLINE: Wednesday May 23, 2018 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@favetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Thursday May 03, 2018 INVITATION TO BID Bid 18-34, Recap Tires and Casings No fate bids will be accepted -Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: The Goodyear tire & Rubber Company Contact Person: Phillip Shackleford E -Mail: pshackelford@)goodyear.com Business Address: 480 North 40th Street City: Springdale State: Signature: I 1 -D -1- Brent B. Strandberg, General Manager Operations, City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 1 of 15 Title: Center Manager Phone: (479)756-6011 AR Date: Commercial Tire & Zip: 72762 22- Service Centers City of Fayetteville Bid 18-34, Recap Tires and Casings Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 18-34, Recap Tires and Casings The City is seeking bids from qualified vendors for the purchase of recap tires and casings along with related services for the City of Fayetteville's Fleet Operations Division. All sealed bids are due by Wednesday May 23, 2018 before 2:00 PM, Local Time. All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at htt fa etteville-ar. ov bids . All questions should be directed to Les McGaugh, (479)-575-8220, li-ncgaugh@favetteville-ar.gov. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville By: Les McGaugh, Purchasing Agent P: 479.575.8220 1mcsau h fa etteville-ar, ov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 05/03/2.018 City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 2 of 15 City of Fayetteville Bid 18-34, Recap Tires and Casings Bid Form DATE REQUIRED AS A COMPLETE UNIT: 14 CALENDAR DAYS FROM DATE OF ORDER F.O.B. Fleet Operations, 1525 S. Happy Hollow Road, Fayetteville, AR 72701 11R / 22.5 255 / 70 R 22.5 11R / 22.5 255 / 70 R 22.5 Re/Cap Mount/Dismount Nail Holes patch & plug Repair Section/ Repairs Services Calls for repair service at Rggp Tires 300 50 Casings 50 10 150 Free 50 Fleet, or other Gty Locations, 6 $ 56.30 Delivery Charge BiD:,I $ 140.00 $ 42,000.00 $ 125.00 $ 6,250.00 $ 75.00 $ 3,750.00 $ 75.00 $ 750.00 $ X10.14 $ 6,021.00 $ No Charge $ $ No (.13arge $ 0 59,108.80 $ 337.80 Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 3 of 15 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS Pease note: The statements and responses to this questionnaire are made to the best knowledge and information available to the Goodyear associate compiling the accompanying bids document and are made only with regard to 0 Goodyear Commercial Tire of Service Center that will be providinggoods and services under such bid. Goodyear is a publicly held company, and Goodyear does not track the employment status of its shareholders 2.) RELATIONSHIP EXISTS (Please explain): 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 4 of 15 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: The Goodyear Tire & Rubber Company Purchase OrderlPayments shall be issued to this name D/B/A or Corporation Name Goodyear Commercial Tire & Scry ice Centers *BUSINESS ADDRESS: 480 North 40th Street *CITY: Springdale *PHONE: 479-756-6011 *STATE: AR *ZIP: 72762 FAX: 479-756-9005 *E-MAIL: Attn: Phillip Shackleford, Center Manager, pshackleford@goodyeasr.com I*BY: (PRINTED NAME) Brent B. Strandberg "AUTHORIZED SIGNATURE:L�� <7 - - �e *TITLE: General Manager operations. Goodyear Commercial Tire & Service Centers I DUNS NUMBER: 004467924 *TAX ID NUMBER: 34-0253240 Acknowledge Addendums: CAGE NUMBER: 04NP3 Addendum No. NSA Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 5 of 15 City of Fayetteville Bid 18-34, Recap Tires and Casings General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFPzor RFQnnumber shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prlor to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 6 of 15 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL, STATE,.ND FEDERAL COMPLIANCE RE UiREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 7 of 15 and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT FOIA AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS. All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 8 of 15 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS; The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING; The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION. a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING CORPsORATE AC UISi'fI0N5 AND OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 9of15 b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/propose r's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL RE UIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF 8 1 D DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 10 of 15 will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall notbe included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (Inicgaugh@fyette-ville-ar��;o_v). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh®favetteville-ar,gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 11 of 15 sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26, INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 12 of 15 City of Fayetteville Bid 18-34, Recap Tires and Casings Specifications BIDDING REQUIREMENTS: o When given a specification option with a blank (example a.�, bidder shall write a "chi=ck mark" or write "yes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on -the Cit)'s bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. o Bidders shall NOT supply warranty papers for the City to interpret whether a warr-anW specification is met or not. 1.0 GENERAL- 1.1 ENERAL- 1.1 All item(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to Winin,wrns, unless otherwise noted. 1.3 Service calls shall be good for any call dispatched within the City of Fayetteville, AR for City business. 1.4 This bid shall be awarded all or none. Please provide a sample of the tire(s) proposed in your bid, in the form of an actual sample of the tire as opposed to an actual tire. 2.0 MANUFACTURER/ MODEL - 2.1 All rubber shall be Manufacturer's Premium line 2.2 Price shall be valid for 180 calendar days after bid deadline date. 2.3 This contract is for a mount and dismount program. 3.0 TECHNICAL SPECIFICATIONS - 3.1 Recaps a.YesOnly recap process allowed shall be Goodyear, Bandag, Michelin, or Bridgestone / Firestone. b.Yes Only the Premium manufactured line shall be provided to the City. Rubber design shall be waste hauler line 26/32-. c.Yes Tires may be recapped no more than 6 times. Awarded vendor shall be responsible for tracking the number of recaps per tire based on individual unit identification. Upon the sixth recap, the awarded vendor shall inform the City the item has reached its maximum recap capacity. 3.2 Casings a.Yes Only virgin Load Range G casings allowed b. YesNo Bus casings cYes No casings over 4 years old d. Yes Only Goodyear, Michelin, Firestone / Bridgestone casings allowed e. YesAll City of Fayetteville casings not approved for retread by the bidder shall be returned to Fleet for pre - approval prior to discarding by the City of Fayetteville. City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 13 of 15 3.3 Repairs a.Yes All repairs shall be made in accordance with the Tread Rubber Manufacturers Group (TRMG) b.YeSA maximum 5% quality repair failure rate will be allowed. c. YesVendor shall stock enough recaps / casings in stock to adequately supply the City of Fayetteville's tire needs. 3.4 Service: a.Yes Service for recaps shall be on an as needed basis with a minimum pickup/delivery of one (1) one per week at no additional charge to the City b.Yes When tires are picked up, Fleet requires a list of the tire numbers that are picked up as well as the number of mounted and not mounted tires. c.Yes Service calls for mounts and dismounts as needed dyes All prices shall include any applicable fuel surcharges as well as any cost for delivering the items bid. No additional cost for delivery, pickup, or fuel surcharge shall be allowed. eyes All recaps shall be marked with Fleet's inventory number and put in stock. 4.0 DELIVERY/ DOCUMENTATION - 4.1 All tires shall be delivered F.O.B. to the City's Fleet Operations facility, located at 1525 S. Happy Hollow Road, Fayetteville, Arkansas 72701, for compliance review and final acceptance. 5.0 PRICE INCREASES - a.Yes All Price Increases shall be provided with appropriate back up documentation showing itemized per tire price increases received from suppliers and shall be approved prior to any orders taking place. Vendors shall allow thirty (30) calendar days for price increase approval. The City shall not allow a price change on orders shipped and/or delivered prior to a price request increase being submitted to the City. Prices bid shall be valid for a minimum of 180 calendar days from the date of bid opening. b._YoThe City reserves the right and intends to award a secondary supplier contract to the second lowest responsive responsible bidder in case of quality or delivery issues by the primary provider. c. YesThe City reserves the right to deviate from estimated purchase quantities. The current estimated quantities are based on actual usage data from the past year. d.YeSVendor.guarantees against increases in quoted price for the first 180 calendar days from the date of the bid deadline. e. YesContract Length shall be for one year with four (4) yearly renewable options. This contract may be terminated by either party by a thirty (30) day written notice without penalty. f. Yesln the event of a price increase by the primary bidder, the City reserves the right to purchase from the second lowest responsive responsible bidder in the event such price increase causes the secondary bidder to be lower. 6.0 STANDARDS- 6.1 TANDARDS- 6.1 Each unit shall meet or exceed the following applicable standards. a. Yes Environmental Protection Agency's Exhaust Emission Standards (EPA). b. YeSOccupational Safety and Health Administration Standards (OSHA). 7.0 WARRANTY REQUIREMENTS - 7.1 The Bidder agrees that the supplies or services furnished under this contract award shall be covered by the City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 14 of 15 most favorable commercial warranties that the Bidder gives any customer for such supplies or services. A copy of this warranty shall be furnished with this bid response package. In addition to this and normal implied warranties, the Bidder shall provide the minimum expressed product warranty that, if the retreads fail while in service and the cause is faulty workmanship and/or materials, the tire shall be returned to the Bidder and be adjusted in accordance with the following scales: a.Yes Tires failing due to manufacturer's defect before 20% of original tread is worn, shall be refunded at the full retread cost. bYeS Tires failing beyond 20% of the original tread shall be adjusted on a pro -rated basis based on the remaining tread, down to 2/32nds (4/32nds for any tire on the front wheels of any vehicle.) c.)Leg Warranty shall cover transportation costs to and from the City of Fayetteville. The City shall not pay an additional expense of any kind for warranty repairs, including but not limited to freight, fuel, transportation costs, shipping, etc. it City of Fayetteville, AR Bid 18-34, Recap Tires and Casings Page 15 of 15 E r � Ea W �G w z V: y �zx jNrr.' L! a •� u A 3 W ••R� Q a � •- Q � a a rzLD o U a. P CA CA xaL I a �a D CAI z� < z z � U � ce z 1_.•rI N' k Goodyear Authorized Retreads PRECURE G289 @ Waste Haut Application All Position Rib Design ,-Goodyear exclusive Waste Haul Compound tread wear and reduces cutting a chipping in tread face Equals similar new tire design for treadwear per 32nd of tread depth Equals similar new tire design for traction & handling °26/32" tread depth helps promote low rolling resistance to enhance fuel economy and long, even wear. Solid shoulder rib and tread grooves groove help minimize shoulder wear for many miles to removal. Three wide circumferential grooves for improved traction on wet or dry roads. P7 GOOD YEA R COMMERCIAL TIRE & SERVICE CENTERS ervice'is Fxce WHO IS ELIGIBLE AND WHAT IS COVERED? You are eligible for the benefits of this limited warranty if you are the owner or the authorized agent of the owner of a radial truck tire casing which has been retreaded or repaired by a Goodyear Authorized Retreader using Goodyear brand retreads or Goodyear -authorized repair materials bearing a Department of Transportation (DOT) prescribed retreader tire identification number designating a Goodyear Authorized Retreader. This warranty is effective as of April 1, 2013. This warranty does not apply to tires designated for off-highway service. WHAT IS THE CASING COVERAGE? Goodyear premium casings (refer to the Goodyear Commercial warranty for the premium tire lines) in sizes 11 R22.5,11 R24S, 285/75824.5 or 295/7511225 will be warranted for covered warranty conditions for an unlimited number of retreads up to seven (7) years from new fire manufacture or new tire purchase. All Goodyear premium casings beyond seven (7) years from date of new fire manufacture or new fire purchase, if proof of purchase is available, are excluded from coverage by this warranty. Casing credit is based on local currencies in the country vAhere the adjustment takes ptare. Refer to the Goodyear Commercial warranty for the casing values. Dunlop premium casings (refer to the Dunlop Commercial warranty for the premium tire lines) In sizes 11 R225,11 R245, 285/75R24.5 or 295/7511225 will be warranted for covered warranty conditions for an unlimited number of retreads up to six (6) years from new tire manufacture or new tire purchase. All Dunlop premium casings beyond six (6) years from date of new tire manufacture or new fire purchase, if proof of purchase is available, are excluded from coverage by this warranty. Casing credit is based on local currencies In the country where the adjustment takes place. Refer to the Dunlop Commercial warranty for the casing values. All Goodyear G392 SSD- DuraSeal + Fuel Max— and G394 SST' DuraSeal + Fuel Max' tires will be warranted for covered conditions for one retread for a period of four (4) years from the date of the casing DOT serial number or proof of purchase, if available. All other Goodyear, Dunlop and Kelly radial truck tire casings will be warranted for covered warranty conditions for an unlimited number of retreads up to four (4) years from new tire manufacture or new tire purchase and are eligible for a credit equal to the predetermined casing allowances. See your servicing dealer for these values at the time of adjustment. All other Goodyear, Dunlop and Kelly non -premium casings beyond four (4) years from date of new fire manufacture or new tire purchase, if proof of purchase is available, are excluded from coverage by this warranty. See applicable commercial warranty for full details. In addition, brands other than Goodyear, Dunlop or Kelly medium truck tire radial casings, retreaded by a Goodyear Authorized Retreader using Goodyear brand retreads, that become unserviceable due to a covered warranty condition within the first 25% wear of the first retread or four (4) years from new tire manufacture or new tire purchase (whichever occurs first) are eligible for a credit equal to the predetermined casing a11owancces. See your servicing dealer for these values at the time of adjustment. All brands other than Goodyear, Dunlop and Kellyrasings beyond the first 25%wear of the first retread or four (4) years from date of new tire manufacture or new tire purchase, if proof of purchase Is available, (whichever occurs first) are excluded from coverage by this warranty. HOW WILL THE RETREAD CREDIT BE DETERMINED WHEN THE CASING BECOMES UNSERVICEABLE DUE TO A COVERED WARRANTY CONDITION? Full credit for the retreading or repair costs will be issued, based on the current retail selling price of the retrad during the first 2/32" (inch) !oe the first 25'1. f- UniCircle• retreads) of usable treadwear if the casing becomes unserviceable within the coverage period due to a covered warranty condition. Retreading costs that are not eligible for full credit will be prorated. The replacement price will be calculated by multiplying the current Goodyear retail selling price of the retread by the percentage of usable tread remaining at the time of adjustment You must pay for mounting, balancing, applicable taxes, government -mandated charges and any additional services you order at the time of adjustment. EXAMPLE: If your disabled tire had an original 16/32" (inch) of usable tread depth and is worn to 8/32" (inch) of usable tread remaining, you have used 50% and therefore must pay 50% of the advertised selling price of a comparable retread tire. If the price of the comparable tire is $150.00, the cost to you would be 575.00 plus mounting, balancing, any other applicable taxes and government - mandated charges. Amount of Value of Prorated Price Tread Used X Comparable = of New Original Tread Tire Retread Tire (Plus applicable taxes, govemment-mandated charges, and mounting and balancing.) WHAT IS THE COVERAGE ON GOODYEAR AUTHORIZED RETREADER REPAIRS AND RETREADS? Every retread/repair performed by a Goodyear Authorized Retreader on any radial casing using Goodyear authorized retread/repair materials and bearing a valid Depart inent of Tmnsporatlon (DOT) shop number of the Authorized Retreader 1s warranted to be free from a covered warranty condition and to give satisfactory service under normal operating conditions for the usable tread life of any retread. Full replacement of the retread or repair costs will be issued, based on the current retail selling price of the retread or repair during the first 2/32" (inch) (or the first 25% for UniCircle• retreads) of usable treadwear if the retread or repair becomes unservicea ble due to a covered warranty condition. If a retread or repair becomes unserviceable due to a covered warranty condition beyond the no charge period, a credit for the retread repair cost will be issued on a prorated basis. The credit wiH be determined by multiplying the current Goodyear retail selling price of the retread by the percentage of usable tread remaining at the time of adjustment. You must pay for mounring, balancing, applicable taxes, government -mandated charges and any additional services you order at the time of adjustment. IN ADDITION: Radial casing allowances wall be given on all qualifying radial retreaded casings If the retread became unserviceable due to a covered warranty condition. In cases where the retread became unserviceable due to a covered warranty condition and the casing is outside the terms of this warranty, a credit for the retread only will be calculated. All credits must be used toward the purchase of new or retreaded Goodyear, Dunlop' or Kelly' commerdat products. REMEMBER YOUR NEW TIRE WARRANTY This limited warranty provides you with certain benefits as the owner of a radial casing that has been retreaded or repaired by a Goodyear Authorized Ret reader. If you purchased a new Goodyear, Dunlop or Kelly commercial radial truck tire, you are also entitled to the benefits and are sub)ed to the same Adjustment Limitations of the new tire limited warranty that was in effect at the time of purchase. Please consult your new tire warranty for details. WHAT IS NOT COVERED UNDER THIS LIMITED WARRANTY? • Wear conditions or tire damage due to road hazards (including punctures, cuts, snags, impact breaks, etc.), wreck, collision, fire, fast wear, Irregular wear, heel and toe wear or other wear conditions. • Improper inflation, overloading, high-speed spinup, misapplication, misuse, negligence, racing, chain damage, or improper mounting or demounting. Mechanical condition of the vehicle. Chip/chunk conditions on tires intended for highway service. • Ride disturbance after the first 2132" (inch) treadwear or due to damaged wheels or any vehicle condition. • Any tire intentionally altered after leaving a Goodyear factory producing tires to change its appearance (example: white inlay on a black tire). • Tires with weather cracking which were purchased more than four (4) years prior to presentation for adjustment. If you have no proof of purchase date, tires manufactured four (4) or more years prior to presentation are not covered. • Material added to a tire after leaving a Goodyear factory producing tires (example: tire fillers, sealants, or balancing substances). If the added material is the cause of the tire being removed from service, the tire will not be adjusted. • Any Goodyear commercial tire with the word "Mileage' on the sidewall. • Tires removed from service due to improper repairs. • Loss of time, inconvenience, loss of use of vehicle, Incidental or consequential damage. Note: Some states or provinces do not allow the exclusion or limitation of incidental or consequentlal damages, so the above limitations or exclusions may not apply to you. This limited warranty Is applicable only In the U.S. and Canada. ADJUSTMENT LIMITATIONS The retread warranty ends when the treadwear indicators become visible. For casing warranty Information refer to section 'WHAT IS THE CASING COVERAGE?" If you are within 100 miles (160 kilometers) of where the retread was purchased, you must return the tire to that outlet to receive warranty consideration. WHAT ARE YOUR LEGAL RIGHTS? DISCLAIMER: THIS WARRANTY IS IN LIEU OF, AND GOODYEAR HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND IS MADE BY GOODYEAR OR SHALL BE IMPLIED BY LAW. LIMITATION OF DAMAGES: IN NO EVENT AND UNDER NO CIRCUMSTANCE SHALL GOODYEAR BE LIABLE TO THE BUYER FOR CONSEQUENTIAL, LOST PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR REPUTATION, PUNITIVE OR OTHER DAMAGE, COST (INCLUDING FOR REPLACEMENT TRANSPORTATION), EXPENSE OR LOSS OF ANY KIND. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. This warranty gives you specific legal rights and you may also have other rights that vary from state to state and province to province. Note: No Representative or Dealer has authority to make any representation, promise or agreement on behaff or Goodyear except as stated herein. Any tire, no matter how well constructed, may fail in service or otherwise become unserviceable due to conditions beyond the control of the manufacturer. Under no circumstances Is this warrantya representation that tire fallure cannot occur. Tires replaced on an adjustment basis become the property of The Goodyear Tire & Rubber Company or Goodyear Canada Inc. SAFETY WARNINGS: Property damage, serious injury or death may result from: • TIRE FAILURE DUE TO UNDERINFLATION/ OVERLOADING/MISAPPLICATION. Follow the vehicle owner's manual or fire placard in vehicle. • TIRE FAILURE DUE TO IMPACT DAMAGE/ IMPROPER MAINTENANCE. Tires should be inspected regularly by a qualified technician for signs of damage, such as punctures or impacts. • TIRE FAILURE DUE TO IMPROPER REPAIRS. See Rubber Manufacturers Association (RMA) established repair procedures at vwww.rma org ancVor go to www.goodyeareom/truck for information on proper repair procedures. • EXPLOSION OF TIRE/RIM ASSEMBLY DUE TO IMPROPER MOUNTING. Only specially trained persons should mount tires. When mounting tires, use safety cage and dip -on extension air hose to Inflate. • FAILURE TO MOUNT RADIAL TIRES ON APPROVED RIMS. • FAILURE TO DEFLATE SINGLE OR DUAL ASSEMBLIES COMPLETELY BEFORE DEMOUNTING. • TIRE SPINNING. On slippery surfaces such as snow, mud, ice, etc, do not spin tires in excess of 35 mph (56 kph), as Indicated on the speedometer. • EXCESSIVE WHEEL SPINNING. This can also result in fire disintegration or axle failure. FOR SERVICE ASSISTANCE OR INFORMATION: 1. First contact the nearest Authorized Goodyear Commercial Truck Tire Retailer. 2. For additional assistance: In the U.S., write to: Goodyear Customer Assistance Center Department 728 200 Innovation Way Akron, OH 44316 In Canada, write to: Goodyear Customer Assistance Center 450 Kipling Avenue Toronto, Ont. M8Z SEI