Purchase of Tires, including Recapping & Repair (Annual Contract with 2 Options to Renew)

INVITATION NO. 21-101474 Page 1 of 52 9- DeKalb County Department of Purchasing and Contracting Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030 February 21, 2022 INVITATION TO BID (ITB) NO. 21-101474 FOR PURCHASE OF TIRES, INCLUDING RECAPPING & REPAIR (ANNUAL CONTRACT WITH TWO OPTIONS TO RENEW) DEKALB COUNTY, GEORGIA Procurement Agent: Tammy Shew Phone: Email: tgarmon@dekalbcountyga.gov Deadline for Submission of Questions: 5:00 P.M. ET, March 16, 2022 Bid Opening: 3:00 P.M. ET, March 29, 2022 ________________________________________________________________________________________________________ FIRM’S NAME AND ADDRESS: (Street, City, State and Zip Code. Type or print): Federal Tax ID No. ______________________________ ARE YOU A DEKALB COUNTY FIRM? Yes ____ No ____ TELEPHONE AND FAX NUMBERS WITH AREA CODE: Phone: ________________________________________ Fax:

__________________________________________ E-mail: ________________________________________ SIGNATURE OF PERSON AUTHORIZED TO SIGN BID AND DATE: _______________________________________________ SIGNER’S NAME AND TITLE (Type of Print): _______________________________________________ THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS BID TO THE DEPARTMENT OF PURCHASING AND CONTRACTING OF DEKALB COUNTY GOVERNMENT ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. INVITATION NO. 21-101474 Page 2 of 52 TABLE OF CONTENTS FOR INVITATION TO BID NO. 21-101474 TITLE PAGE NO. INVITATION TO BID OVERVIEW 3-4 INVITATION TO BID PROCEDURES 5-9 GENERAL TERMS AND CONDITIONS 10-20 MINIMUM SPECIFICATIONS 21-22 PRICE SCHEDULE 23-32 BID ACKNOWLEDGEMENT FORM 33 REQUIRED DOCUMENTS CHECKLIST AND ATTACHMENTS 34-52 INVITATION NO. 21-101474 Page 3 of 52 INVITATION TO BID OVERVIEW A. PURPOSE: DeKalb County Government (the County) is soliciting bids for ITB#21-101474, “Purchase of Tires, including Recapping & Repair (Annual with 2 Opt. to Renew)” from responsible contractors. B. GENERAL INFORMATION: 1. BID TIMETABLE: The anticipated schedule for the bid process is as follows: Date Issued………………………………….February 21, 2022 Deadline for Submission of Questions……..5:00 P.M. ET, March 16, 2022 Bid Opening…………………………………3:00 P.M. ET, March 29, 2022 Bids Valid Until……………………..………. Bids shall be valid for 90 days from and including the bid opening date. Sealed bids are to be addressed and delivered to: DeKalb County Department of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030, not later than 3:00 P.M. ET, March 29, 2022. Submit one original bid package (inclusive of the entire Invitation to Bid document and required documents) stamped “Original” and one thumb drive of the bid package to the address listed above. 2. CONTACT PERSON: The contact person for this bid is Tammy Shew, Procurement Agent. General inquiries concerning the meaning or interpretation of this Invitation to Bid (ITB) may be requested from Tammy Shew via telephone at (404) 687-2796 or via email at tgarmon@dekalbcountyga.gov. Questions and requests for information or clarification concerning the specifications in this ITB must be submitted to the above listed contact person via email no later than the date and time listed in the bid timetable. Questions and requests received after the above stated time or sent to anyone other than the listed contact person will not receive a response or be the subject of addenda. 3. QUESTIONS: All requests must be in writing. Any explanation desired by a bidder regarding the meaning or interpretation of the Invitation to Bid, drawings, specifications, requirements, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bids. If any statement in the bidding documents, specifications, plans, etc., appear ambiguous to the Bidder, Bidder is specifically instructed to make a written request to the Department of Purchasing and Contracting as outlined in the preceding sentence. Any information given to a prospective bidder concerning an Invitation to Bid will be furnished to all prospective bidders, as an addenda to the Invitation, if such information is necessary to bidders in submitting bids on the Invitation or if the lack of such information would be prejudicial to uninformed bidders. Oral explanations or instructions given before INVITATION NO. 21-101474 Page 4 of 52 the award of the contract will not be binding. No responses to requests, answers to specification questions, or additional information shall be supplied after “March 16, 2022” 4. ADDITIONAL INFORMATION/ADDENDA: The County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the bid opening date. Bidders should not rely on any representations, statements or explanations other than those made in this ITB or in any addendum to this ITB. Where there appears to be a conflict between the ITB and any addenda issued, the last addendum issued will prevail. It is the responsibility of the Bidder to ensure awareness of all addenda issued for this solicitation. Please acknowledge the addenda and submit to the DeKalb County Department of Purchasing and Contracting as requested. Bidders may contact the above listed contact person to verify the number of addenda prior to submission. Addenda issued for this ITB will be posted on DeKalb County’s website, http://www.dekalbcountyga.gov/purchasing/pc_index_formal_solicitations.html. Bidder should regularly check the County’s website for addenda. http://www.dekalbcountyga.gov/purchasing/pc_index_formal_solicitations.html INVITATION NO. 21-101474 Page 5 of 52 INVITATION TO BID PROCEDURES A. BIDDER INFORMATION: 1. Failure to return all pages of this Invitation to Bid may result in bid being deemed non-responsive. 2. Minimum specifications are intended to be open and non-restrictive. Contractors are invited to inform the DeKalb County Department of Purchasing and Contracting whenever specifications or procedures appear not to be fair and open. Such information should be supplied as early in the procurement process as possible. Information received in less than five (5) days prior to the scheduled bid opening will not be acted upon unless the DeKalb County Department of Purchasing and Contracting rules that it is in the best interest of the County to consider. 3. BRAND NAME(S): The successful bidder will be required to furnish from stock the exact brand and item(s) bid upon, except as outlined below: Substitution of Brand Name Products: If during the life of the contract the Contractor desires to offer the County a different brand name product other than what was bid on, a request will be submitted in writing to the Purchasing and Contracting Director for approval. 4. By submitting a bid, Bidder warrants that any goods or services supplied to DeKalb County Government meet or exceed the specifications set forth in this solicitation. 5. If any supplies, materials, and equipment are provided to the County under this solicitation, then such items shall be new and in first-class condition unless the solicitation specifically allows offers of used, reconditioned, or remanufactured items. If newly manufactured products are specified, such products shall be of recent origin and not previously used. No equipment of any type is acceptable if serial numbers or any other manufacturer’s identification labels or marks have been removed, obliterated, or changed in any way. A Contractor delivering any such equipment to the County will be deemed to have breached the contract and appropriate action will be taken by the DeKalb County Government Purchasing and Contracting Department. 6. Time of delivery is a part of the solicitation and an element of the contract that is to be awarded. If the Bidder cannot meet the required service delivery dates, a bid should not be submitted. Failure to deliver in accordance with the contract could result in the Contractor being declared in default. 7. Bid Withdrawal Bids may be withdrawn at any time prior to the bid opening. After bids have been publicly opened, withdrawal of bids shall be based upon Part 3, Section IV, F. within the DeKalb County Purchasing Policy. 8. Expenses of Preparing Responses to this ITB The County accepts no responsibility for any expenses incurred by Bidders who submit bids in response to this ITB. Such expenses are to be borne exclusively by the Bidders. INVITATION NO. 21-101474 Page 6 of 52 9. It is the responsibility of each Bidder to ensure that its submission is received by 3:00 p.m. on the bid due date. The time/date stamp clock located in the Department of Purchasing & Contracting shall serve as the official authority to determine lateness of any bid. The bid opening time shall be strictly observed. Be aware that visitors to our offices will go through a security screening process upon entering the building. Bidders should plan enough time to ensure that they will be able to deliver their submission prior to our deadline. Late submissions, for whatever reason, will not be evaluated. Bidders should plan their deliveries accordingly. Telephone or fax bids will not be accepted. 10. Federal Work Authorization Pursuant to O.C.G.A. §13-10-91, the County cannot enter into a contract for the physical performance of services unless the Contractor, its Subcontractor(s) and sub-subcontractor(s), as that term is defined by state law, register and participate in the Federal Work Authorization Program to verify specific information on all new employees. The Bidder certifies that he/she has complied and will continue to comply throughout the contract term with O.C.G.A. §13-10-91 and any related and applicable Georgia Department of Labor Rule. Contractor agrees that in the event it employs or contracts with any Subcontractor(s) in connection with this contract, Contractor will secure from each Subcontractor an affidavit that certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the contract term. Each Subcontractor agrees that in the event it employs or contracts with any sub-subcontractor(s), each Subcontractor will secure from each sub- subcontractor an affidavit that certifies the sub-subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the contract term. 11. LSBE Information i. It is the objective of the Chief Executive Officer and Board of Commissioners of DeKalb County to provide maximum practicable opportunity for all businesses to participate in the performance of government contracts. The current DeKalb County List of Certified Vendors may be found on the County website at http://www.dekalbcountyga.gov/purchasing/pdf/supplierList.pdf ii. For further details regarding the DeKalb First Local Small Business Enterprise Ordinance, contact the LSBE Program representative at pcadmin-ops@dekalbcountyga.gov or (404) 371- 7051. 12. First Source Jobs Information The DeKalb County First Source Jobs Ordinance requires contractors or beneficiaries entering into any type of agreement with the County, including purchase orders, regardless of what they may be called for the procurement or disposal of supplies, services, construction projects, professional or consultant services, which is funded in whole or part with County funds or County administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures and recipient of urban redevelopment action grants or community development block funds administered in the amount of $50,000 or more make a good faith effort to hire DeKalb County residents for at least 50% of jobs using the First Source Registry (candidate database). The work to be performed under this contract is subject to the provisions of the DeKalb County First Source Jobs Ordinance. For more information on the First Source Jobs Ordinance requirement, please contact WorkSource DeKalb at www.dekalbworkforce.org or 404-687-3400. http://www.dekalbcountyga.gov/purchasing/pdf/supplierList.pdf mailto:pcadmin-ops@dekalbcountyga.gov http://www.dekalbworkforce.org/ INVITATION NO. 21-101474 Page 7 of 52 13. Attention to General Terms and Conditions Bidders are cautioned to thoroughly understand and comply with all matters covered under the General Terms and Conditions section of this ITB. The successful Bidder(s) will enter into a contract approved by the County. The County’s ITB document and attachments, subsequent County addenda, and the Bidder’s response documents are intended to be incorporated into a contract. All Bidders should thoroughly review this document prior to submitting a bid. Any proposed revisions to the terms or language of this document must be submitted in writing with the bid. Since proposed revisions may result in a bid being rejected if the revisions are unacceptable to the County, bidders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award is made. 14. Required Signatures Bids must be signed by an officer or agent of the firm having the authority to execute contracts. 15. Ethics Rules Bidders are subject to the Ethics provision within the DeKalb County Purchasing Policy; the Organizational Act, Section 22A, the Code of DeKalb County; and the rules of Executive Order 2014-4. Any violations will be addressed, pursuant to these policies and rules. To the extent that the Organizational Act, Section 22A, the Code of DeKalb County, and the rules of Executive Order 2014-4 allow a gift, meal, travel expense, ticket, or anything else of value to be purchased for a CEO employee by a contractor doing business with the County, the contractor must provide written disclosure, quarterly, of the exact nature and value of the purchase to the Chief Integrity Officer, if created, or the Finance Director or his/her designee. Every contractor conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract. 16. Business License Please provide a copy of a valid company business license with your bid or upon award. Georgia companies are to submit a valid county or city business license. Contractors that are not Georgia companies are to provide a certificate of authority to transact business in the State of Georgia and a copy of a valid business license issued by its home jurisdiction. If Bidder holds a professional certification which is licensed by the state of Georgia, then Bidder may submit a copy of its valid professional license with Bidder’s bid or upon award unless the Minimum Specifications require submittal with the bid. Any license submitted in response to this ITB shall be maintained by the Contractor for the duration of the contract. B. BID SUBMITTAL: 1. All bids should be completed in ink or typewritten. Errors should be crossed out and corrections entered in ink or typewritten adjacent to the error. The person signing the bid should initial corrections in ink. 2. Bidders should complete and submit Attachment A - Required Documents Checklist and all documents responsive to this requirement with the bid submittal. INVITATION NO. 21-101474 Page 8 of 52 3. If applicable, provide evidence that the Bidder is a DeKalb County Firm. 4. Bids must be submitted in a sealed envelope(s) or box(es) with the Bidder’s name and “ITB number 21-101474 for “Purchase of Tires, Including Recapping & Repair (Annual with 2 Opt. to Renew)” on the outside of each envelope or box. All Bidders delivering submittals via delivery services, please place the sealed bid envelope(s) or box(es) inside the delivery service envelope(s) or box(es). Bidders are responsible for informing any delivery service of all delivery requirements. No responsibility shall attach to the County for the premature opening of a submission not properly addressed and/or identified. The Decatur postmaster will not deliver certified or special delivery mail to specific addresses within DeKalb County Government. C. CONTRACT AWARD: 1. Bids submitted will be evaluated and recommended for award to the lowest, responsive, and responsible Bidder(s). 2. The intent of this bid is to make an all-award; however, the County reserves the right to award by line item. The County may accept any item or group of items on any bid, whichever is in the best interest of DeKalb County. 3. The County reserves the right to reject any and all bids, to waive informalities, and to re-advertise. 4. The judgment of DeKalb County Purchasing and Contracting on matters, as stated above, shall be final. CONTRACT PERIOD: From DATE OF AWARD through ANNUAL CONTRACT, inclusive. DeKalb County is soliciting competitive sealed bids from qualified contractors for ITB#21-101474 “Purchase of Tires, Including Recapping & Repair (Annual with 2 Opt. to Renew)”, under the same prices, terms and conditions, provided option is exercised. Bidder must check and initial applicable blank below: Yes ______ No ______ Unless otherwise noted, quoted prices will remain firm for two (2) additional one (1) year terms when and if renewed each term. DeKalb County reserves the right to negotiate pricing / discounts for renewal consideration prior to approving any given renewal option. If a percentage decrease will be a part of this bid, please note this in the space provided together with an explanation. __________________________________________ If a percentage increase will be a part of this bid, please note this in the space provided together with an explanation. __________________________________________ If DeKalb County does not exercise the option to renew the contract and a new Invitation to Bid is issued, the current contract will not be renewed. INVITATION NO. 21-101474 Page 9 of 52 D. DELIVERY: Delivery for Tires is required within 24 hours after receipt of individual orders. Delivery for Tire Recapping is required within 7 calendar day(s). However, alternated delivery time may be considered provided it is so stated. (Bidder state number of calendar days for delivery) Delivery must be made between 7:30 A.M. and 2:30 P.M. Monday through Friday, unless otherwise requested. The successful bidder shall give a 24-hour prior notice of delivery to Department or Division calling in the order, and must ask for caller’s telephone number as well as Purchase Order number and address, since 24-hour Notice of Delivery is required. DELIVERY F.O.B.: Fleet Management Division-Tire Shop 4370 Memorial Drive Decatur, Georgia 30032 Attn: Tire Shop (404) 298-4410 All prices are to be firm, F.O.B. Destination, Freight Prepaid and Allowed. Special freight handling must be authorized by the Department of Purchasing and Contracting personnel in advance of shipment. DELIVERIES BEYOND THE CONTRACTUAL PERIOD: In accordance with the Scope of Contract clause, this contract covers all requirements that may be ordered, as distinguished from delivered, during the contract term. This is for the purpose of providing continuity of supply by permitting the County to place orders as requirements arise in the normal course of supply operations. Accordingly, any order request transmitted (or received, if forwarded by other means than through the mail) to the awarded bidder on or before the expiration date of the contract, and providing for delivery within the number of days specified in the contract, shall constitute a valid order. E. Bidder will state below the exact location of plant or facility where items or services will be produced, as offered in the bid. ____________________________________________________________________________________ ____________________________________________________________________________________ _____________________________________________________________________________________ F. CUSTOMER PICK UP: If delivery service is not available or it becomes necessary for DeKalb County to pick up parts, bidder state below the exact location where parts are to be picked up and days and hours available: INVITATION NO. 21-101474 Page 10 of 52 GENERAL TERMS AND CONDITIONS A. In the event of a conflict between any provisions contained in any of the documents governing this transaction, the following shall be the order of precedence: Change Orders or modifications; the Contractor’s accepted Response; and the County’s ITB. B. The Contractor’s services shall include all things, personnel, and materials necessary to provide the goods or services that are in compliance with the specifications as authorized by the County. C. Bidder extends to the County the option to renew the contract for two (2) additional one year terms, under the same price(s), terms and conditions, and in accordance with Paragraph N, Term. D. WARRANTY AND/OR GUARANTY: The bidder will state below or will furnish a separate letter attachment, which fully explains the conditions of Warranty and/or Guaranty. If no Warranty and/or Guaranty are applicable, it must be so stated. NOTE: FAILURE TO RESPOND TO THE REQUIREMENTS OF THIS PARAGRAPH MAY RESULT IN THE BID BEING DEEMED NON- RESPONSIVE.______________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ E. RETURN OF UNUSED PARTS: Under any contract which results from this Invitation, DeKalb County may return to the vendor for full credit of the invoice purchase price any parts furnished under said contract, (without a restocking fee), which are not used and/or damaged and which are in unbroken packages, for a period of one year from the expiration date of the contract. NOTE: Duplicate orders shall not be charged a restocking fee. F. In the performance of the contract, Contractor must comply with all relevant Federal, State, City, and County regulations and ordinances and must obtain all applicable Licenses and/or Permits. G. FOREIGN PRODUCTS: DeKalb County prefers to buy items produced and/or manufactured in the United States of America; however, foreign products may be considered provided it is so stated. Bidder certifies that items offered on this bid is/are manufactured and produced in the United States. Yes ______ No _____ If “No”, state the exact location of plant or facility where items will be produced: __________________________________________________________________________________ INVITATION NO. 21-101474 Page 11 of 52 H. COUNTY REQUIREMENT: The contract will be an “Indefinite Quantity” type with County requirements to be satisfied on an “as ordered” basis. The County makes no promise, real or implied, to order any quantity whatsoever. This invitation and resulting contract will provide for the normal requirements of DeKalb County, and contracts will be used as primary sources for the articles or services listed herein. Articles or services will be ordered from time to time in such quantities as may be needed. As it was impossible to determine the precise quantities of items described in this invitation that will be needed during the contract term, each contractor is obligated to deliver all articles and services that may be ordered during the contract term. I. SAMPLES & TESTING: Samples of items, when required, must be submitted within the time specified, and unless otherwise specified by the County, at no expense to the County. If not destroyed by testing, samples will be returned at bidder's request and expense, unless otherwise specified by the Invitation to Bid. Since tests may require several days for completion, the County reserves the right to use a portion of any supplies before the results of the tests are known, without prejudice to any final adjustments, rejecting the unused portion of the delivery and payment will be made on an adjusted basis for the used portion. The costs of inspections and tests of any item which fails to meet the advertised specifications shall be borne by the bidder. J. LITERATURE: When the bidder proposes to furnish another product, he is required to furnish, with his bid, literature describing the item(s) being offered. Failure to furnish this literature may result in the bid being deemed non-responsive. K. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications and any supplemental specifications as to any details, or the omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement, with County interpretation to prevail. L. TERM: The Contractor shall commence the Work under this Contract within ten (10) days from the acknowledgement of receipt of the Notice to Proceed (“Commencement Date”). The Initial Term of this Agreement shall be for twelve (12) calendar months, beginning on the Commencement Date. This annual contract comes with two (2) options to renew. Prior to the expiration of the Initial Term, the parties have the option to renew this agreement for a First annual Renewal Term of twelve (12) calendar months. Prior to the expiration of the First annual Renewal Term, the parties have the option to renew this Agreement for a Second annual Renewal Term of twelve (12) calendar months. Without further action by either party, this Agreement will terminate at the end of the Initial Term or at the end of each annual Renewal Term. Each option to renew must be exercised prior to the beginning of each annual INVITATION NO. 21-101474 Page 12 of 52 Renewal Term and, is only effective upon adoption and approval by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract. M. PRICING: 1. Alterations to the Price Schedule may result in the Bidder being deemed non-responsive and its bid may be rejected. 2. Price Reductions: If at any time after the date of award, the Contractor makes a general price reduction in the comparable price of any article or service covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to the contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would not be considered a general price reduction under this paragraph. For purposes of this paragraph, a general price reduction shall mean any reduction in the price of an article or service offered: • To Contractor's customers. • In the Contractor's price schedule for the class of customers; i.e., wholesalers, jobbers, retailers, etc., which was used as the basis for bidding on this contract. The Contractor shall invoice the County at such reduced price indicating on the invoice that the reduction is pursuant to General Terms and Conditions, paragraph I. as stated within the ITB. 3. Price Escalation Clause: During the life of the contract, the awarded bidder shall furnish price lists to the County for increases, and those of the bidder’s supplier (e.g. factory) increases, as prices change. The bidder must also provide a list of the supplier’s (e.g. factory’s) previous price(s) to the County for purposes of comparison. Price changes will be in effect only after receipt and approval by the Director of the Department of Purchasing and Contracting. Price lists and changes thereto are to be furnished under the contract and without charge to the County. Catalogue(s) or Price List(s) must be submitted to the Department of Purchasing and Contracting, Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030. 4. By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization that in connection with this procurement: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor, b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor: and c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. INVITATION NO. 21-101474 Page 13 of 52 N. PAYMENT: 1. The County shall pay the Contractor based upon the accepted bid prices submitted by Bidder. Invoices should be signed by the Bidder or authorized delegate and must contain the authorizing DeKalb County Purchase Order (PO) or Contract Purchase Agreement (CPA) Number in order for payment to be processed. PO Number must also be on the delivery ticket. A Contract Purchase Agreement is being issued in lieu of a formal contract. Any reference to a contract refers to the CPA. 2. Invoice(s) must be submitted as follows: a. A copy of the original invoice(s) must be submitted to the department requesting services. Fleet Maintenance Administrative Division 5350 Memorial Drive Stone Mountain, GA 30083 b. Upon award, Prime Contractor(s) with Local Small Business Enterprise (LSBE) Subcontractor(s) shall enter utilization reports electronically at www.dekalblsbe.info. Proof of payment to the LSBE Subcontractor must be uploaded and submitted. LSBE Subcontractors shall confirm receipt of payment from the Prime, electronically also, at www.dekalblsbe.info. 3. The County’s official payment terms are Net 30. Payment dates that fall on a weekend or on a holiday will be issued on the County’s next business day. NOTE: In the event of a change in name and/or address by contractor’s company, (whether due to relocation, sale to another company or other causes), payment cannot be made under this contract until DeKalb County is properly notified in writing of such change; with notification sent (1) to the Finance Department Accounting Services Division, (2) to the Department of Purchasing & Contracting and (3) to the using Department Director, so that necessary changes can be made to computer records for future mailings. O. Robert Gordon, Deputy Director, of Fleet Management Division, DeKalb County Public Works Department, or his delegated representative, is the designated and authorized agent for performing the supervision, acceptance of work detail, and other operational features for DeKalb County. P. If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation to Bid, bidder shall include in the bid a clear description of such proposed modifications and clearly mark any descriptive material to show the proposed modifications. http://www.dekalblsbe.info/ http://www.dekalblsbe.info/ INVITATION NO. 21-101474 Page 14 of 52 Q. ACCURACY OF WORK: The Contractor shall be responsible for the accuracy of the Work and any error and/or omission made by the Contractor in any phase of the Work under this Agreement. R. OWNERSHIP OF DOCUMENTS: All documents, including drawings, estimates, specifications, and data are and remain the property of the County. The Contractor agrees that the County may reuse any and all plans, specifications, drawings, estimates, or any other data or documents described herein in its sole discretion without first obtaining permission of the Contractor and without any payment of any monies to the Contractor therefore. Any reuse of the documents by the County on a different site shall be at its risk and the Contractor shall have no liability where such documents are reused. S. RIGHT TO AUDIT: The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support whose records, kept under the control of the Contractor, including but not limited to those kept by the Contractor’s employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor’s employees related to the audited records. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor’s office or place of business. In the event that no such locations is available, then the books, records and supporting documents shall be made available for audit at a time and location which is convenient for the County. T. SUCCESSORS AND ASSIGNS: The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous written consent of the County. If the County consents to any such assignment or transfer, then the Contractor binds itself, its partners, successors and assigns to all covenants of this Contract. Nothing contained in this Contract shall create, nor be interpreted to create privity, or any other relationship whatsoever, between the County and any person, or entity or than Contractor. U. REVIEWS AND ACCEPTANCE: Work performed by the Contractor shall be subject to review and acceptance in stages as required by the County. Acceptance shall not relieve the Contractor of its professional obligation to correct, at his own expense, any errors in the Work. INVITATION NO. 21-101474 Page 15 of 52 V. TERMINATION OF AGREEMENT: The Contractor understands and agrees that the date of the beginning of Work, rate of progress, and time for completion of the Work are essential conditions of this Contract. Both parties may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of the party, elect to terminate the Contract by delivering to the other party, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to the other party at least thirty (30) days prior to the effective date of termination. If Contractor’s services are terminated by the County, the termination will not affect any rights or remedies of the County then existing or which may thereafter accrue against Contractor or its surety. In case of termination of this Contract before completion of the Work, Contractor will be paid only for the portion of the Work satisfactorily performed through the effective date of termination as determined by the County. Neither party shall be entitled to recover lost profits, special, consequential or punitive damages, attorney’s fees or costs from the other party to this Contract for any reason whatsoever. This Contract shall not be deemed to provide any third-party with any remedy, claim, right of action, or other right. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. W. INDEMNIFICATION AGREEMENT: The Contractor shall be responsible from the execution date or from the time of the beginning of the Work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Work, to persons or property, including employees and property of the County. The Contractor shall exonerate, indemnify, and save harmless the County, its elected officials, officers, employees, agents and servants, hereinafter collectively referred to in this Section as “the County Indemnitees,” from and against all claims or actions based upon or arising out of any damage or injury (including without limitation any injury or death to persons and any damage to property) caused by or sustained in connection with the performance of this Contract or by conditions created thereby or arising out of or any way connected with Work performed under this Contract, as well as all expenses incidental to the defense of any such claims, litigation, and actions. Furthermore, Contractor shall assume and pay for, without cost to the County Indemnitees, the defense of any and all claims, litigation, and actions suffered through any act or omission of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them. Notwithstanding any language or provision in this Contract, Contractor shall not be required to indemnify any County Indemnitee against claims, actions, or expenses based upon or arising out of the County Indemnitee’s sole negligence. As between the County Indemnitees and the Contractor as the other party, the Contractor shall assume responsibility and liability for any damage, loss, or injury, including death, of any kind or nature whatever to person or property, resulting from any kind of claim made by Contractor’s employees, agents, vendors, Suppliers or Subcontractors caused by or resulting from the performance of Work under this Contract, or caused by or resulting from any error, omission, or the negligent or intentional act of the Contractor, vendors, Suppliers, or Subcontractors, or any of their officers, agents, servants, or employees. The Contractor shall defend, indemnify, and hold harmless the County Indemnitees from and against any and all claims, loss, damage, charge, or expense to which they or any of them may be put or subjected by reason of any such damage, loss, or injury. The Contractor expressly agrees to provide a full and complete defense against any claims brought or actions filed against the County Indemnitees, where such claim or action involves, in whole or in part, the subject of the indemnity contained in this Contract, whether such claims or actions are rightfully or wrongfully brought or filed. The County has the sole discretion to choose the counsel who will INVITATION NO. 21-101474 Page 16 of 52 provide the defense. No provision of this Contract and nothing herein shall be construed as creating any individual or personal liability on the part of any elected official, officer, employee, agent or servant of the County, nor shall the Contract be construed as giving any rights or benefits hereunder to anyone other than the parties to this Contract. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. X. INSURANCE: Insurance must meet the County’s requirements and will be furnished by the successful Bidder(s) upon award. 1. Successful Bidder(s) will advise their insurance agent of the County’s requirements as listed below and that they may not proceed with any work until insurance is provided that is in compliance with these requirements. 2. Contractor’s insurance company or agent must mail, email, or bring an original certificate of insurance and applicable declarations or endorsements to the DeKalb County address listed within this Insurance provision. Insurance must be from companies able to do business in Georgia and acceptable to the County as follows: a. Certificates must cover: i. Statutory Workers Compensation (1) Employer’s liability insurance by accident, each accident $1,000,000 (2) Employer’s liability insurance by disease, policy limit $1,000,000 (3) Employer’s liability insurance by disease, each employee $1,000,000 ii. Business Auto Liability Insurance with a minimum $500,000 Combined Single Limit/Each Occurrence (Including operation of non-owned, owned, and hired automobiles). iii. Commercial General Liability Insurance (1) Each Occurrence - $1,000,000 (2) Fire Damage - $250,000 (3) Medical Expense - $10,000 (4) Personal & Advertising Injury - $1,000,000 (5) General Aggregate - $2,000,000 (6) Products & Completed Operations - $1,500,000 (7) Contractual Liability where applicable b. DeKalb County, GA shall be named as Additional Insured under any General Liability, Business Auto and Umbrella Policies. Coverage shall apply as Primary and non- contributory with Waiver of Subrogation in favor of DeKalb County, Georgia. Such additional insured coverage shall be endorsed to Contractor’s policy by attachment of ISO INVITATION NO. 21-101474 Page 17 of 52 Additional Insured Endorsement forms CG 20 10 10 01 (ongoing operations) and CG 20 37 10 01 (products- completed operations), or form(s) providing equivalent coverage. c. This insurance for the County as the additional insured shall be as broad as the coverage provided for the named-insured Contractor. It shall apply as primary insurance before any other insurance or self-insurance, including any deductible, non-contributory, and waiver of subrogation provided to the County as the additional insured. d. Contractor agrees to waive all rights of subrogation and other rights of recovery against the County and its elected officials, officers, employees or agents, and shall cause each Subcontractor to waive all rights of subrogation for all coverages. e. Certificates shall state that the policy or policies shall not expire, be cancelled or altered without at least sixty (60) days prior written notice to the County. f. Contractor understands and agrees that the purchase of insurance in no way limits the liability of the Contractor. g. The insurance carrier must have a minimum A.M. Best rating of not less than “A” (Excellent) with a Financial Size Category of VII or better. h. Certificates to contain policy number, policy limits and policy expiration date of all policies issued in accordance with this contract. i. Certificates to contain the location and operations to which the insurance applies. j. Certificates to contain successful contractor’s protective coverage for any subcontractor’s operations. If this coverage is included in General Liability, please indicate on the Certificate of Insurance. k. Certificates to contain successful contractor’s contractual insurance coverage. If this coverage is included in the General Liability, please indicate this on the Certificate of Insurance. l. Certificates shall be issued and delivered to the County and must identify the “Certificate Holder” as follows: DeKalb County, Georgia Director of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030 m. The successful contractor shall be wholly responsible for securing certificates of insurance coverage as set forth above from all subcontractors who are engaged in this work. INVITATION NO. 21-101474 Page 18 of 52 Y. GEORGIA LAWS GOVERN: The laws of the State of Georgia shall govern the construction of this Contract without regard for conflicts of laws. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction, that a document is to be construed more strictly against the party who itself or through its agent prepared same; it being agreed that the agents of all parties have participated in the preparation hereof, and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Contract in its entirety, the printed provisions of this Contract, and any additions written or typed hereon, shall be given equal weight, and there shall be no inference by operation of law or otherwise; that any provision of this Contract shall be construed against either party hereto. Z. VENUE: This Agreement shall be deemed to have been made and performed in DeKalb County, Georgia. For the purposes of venue, all suits or causes of action arising out of this Agreement shall be brought in the courts of DeKalb County, Georgia. AA. COUNTY REPRESENTATIVE: The County may designate a representative through whom the Contractor will contact the County. In the event of such designation, said representative shall be consulted and his written recommendation obtained before any request for extra work is presented to the County. Payments to the Contractor shall be made only upon itemized bill submitted to and approved by said representative. BB. CONTRACTOR’S STATUS: The Contractor will supervise and direct the Work, including the Work of all Subcontractors. Only persons skilled in the type of work which they are to perform shall be employed. The Contractor shall, at all times, maintain discipline and good order among his employees, and shall not employ any unfit person or persons or anyone unskilled in the work assigned him. The relationship between the County and the Contractor shall be that of owner and independent contractor. Other than the consideration set forth herein, the Contractor, its officers, agents, servants, employees, and any Subcontractors shall not be entitled to any County employee benefits including, but not limited to social security, insurance, paid annual leave, sick leave, worker's compensation, free parking or retirement benefits. All services provided by Contractor shall be by employees of Contractor or its Subcontractors and subject to supervision by Contractor. No officer or employee of Contractor or any Subcontractor shall be deemed an officer or employee of the County. Personnel policies, tax responsibilities, social security payments, health insurance, employee benefits and other administrative policies, procedures or requirements applicable to the Work or services rendered under this Contract shall be those of the Contractor, not the County. INVITATION NO. 21-101474 Page 19 of 52 CC. SOLE AGREEMENT: This Contract constitutes the sole contract between the County and the Contractor. The terms, conditions, and requirements of this Contract may not be modified. No verbal agreement or conversation with any officer, agent, or employee of the County, either before or after the award of the Contract, shall affect or modify any of the terms or obligations herein contained. No representations, oral or written, shall be binding on the parties unless expressly incorporated herein. DD. SEVERABILITY: If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. EE. NOTICES: Any notice or consent required to be given by or on behalf of any party hereto to any other party hereto shall be in writing and shall be sent to the Director of the Department of Purchasing and Contracting or to the Contractor or his authorized representative on the work site by (a) registered or certified United States mail, return receipt requested, postage prepaid, (b) personal delivery, or (c) overnight courier service. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than fourteen days before such notice is sent. Future changes in address shall be effective upon written notice being given by the Contractor to the Director of the Department of Purchasing and Contracting or by the County to the Contractor’s authorized representative via certified first class U.S. mail, return receipt requested. Such notices will be addressed as follows: If to the County: Chief Procurement Officer Department of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2 nd Floor Decatur, Georgia 30030 If to the Contractor: Notices shall be sent to the contact information that is listed in the Bidder’s Response to the ITB. FF. GEORGIA OPEN RECORDS ACT: Without regard to any designation made by the person or entity making a submission, DeKalb County considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting the Responder person or entity making the submission, unless a court order is presented with the submission. Bidders or Responders may wish to consult an attorney or obtain legal advice prior to making a submission. INVITATION NO. 21-101474 Page 20 of 52 GG. COOPERATIVE PROCUREMENT The County through the Department of Purchasing & Contracting may permit piggybacks to this contract from other city, county, local authority, agency, or board of education if the vendor will extend the same prices, terms, and conditions to the city. Piggybacking shall only be available where competition was used to secure the contract and only for a period of 12-months following entry, renewal or extension of the contract. This provision shall not apply to any contract where otherwise prohibited or mandated by state law. INVITATION NO. 21-101474 Page 21 of 52 MINIMUM SPECIFICATIONS A. TIRES The tires offered are to be in accordance with all applicable Federal Specifications and with the following exceptions. 1. All tires will be of nylon construction unless otherwise specified. 3. Where tests are required in the specifications, and requested by DeKalb County, the results are to be furnished at no cost to the County. Copies of tests made for and accepted by the Federal government will suffice. 4. Commercial packing will be acceptable. 5. All tires are to be black-wall unless otherwise specified in the bid. 6. All tires must be recognized in the trade as the first line, 100 levels or better. 7. Single copies of Federal Specifications are available from General Service Administration, Atlanta, Georgia. The following is explanation of columns to be filled in on tire listing:  Ply of Bid - Bidder will indicate the actual ply count of the tire.  Tread Depth: (Skid Depth) Bidder will indicate the tread depth at the center of the casing. If the tire has a center rib then measurement will be the two grooves nearest the center.  Brand Name Tire Name - Bidder will indicate the brand name and tire name which will appear on the tire he proposes to furnish.  Qualified Product List (QPL) Number - Bidder will enter the stock number as shown on the Federal Supply Schedule (if applicable). B. POLICE TIRES The tires offered are to be in accordance with all applicable Federal Specification, as applicable and with the following exceptions. 1. All tires will be of Steel Belted Radial Construction unless otherwise specified. 2. Where tests are required in the Specifications, and requested by DeKalb County, the results are to be furnished at no cost to the County. Copies of tests made for and accepted by the Federal Government will suffice. Single copies of Federal Specifications are available from General Service Administration, Atlanta, Georgia. 3. Commercial packaging will be acceptable. INVITATION NO. 21-101474 Page 22 of 52 MINIMUM SPECIFICATIONS C. RECAPPING 1. Retread tires furnished under this contract are for waste hauler refuse trucks and shall meet the requirements of applicable Federal Specification. 2. All tire casings shall be stripped down and recapped in the manner prescribed by the Rubber Manufacturer’s Association, Incorporated; and all repairs shall be performed in accordance with their specifications for such work. Use U.S. Rubber only. 3. Minimum tread depth to be 26/32-inch standard for items 1 through 3, extra tread depth 32/32-inch or deeper on all sizes above 8.25 x 20; smaller tires 12/32-inch or deeper; 15/32-inch tread depth for item 4; 21/32-inch tread depth for item 6 . 4. Tires shall be carefully inspected by the vendor at his own expense, and only those suitable for recapping shall be used. The vendor shall make the final decision as to the serviceability of the casings and shall reject as “beyond repair” if more than one section repair and/or more than three spot repairs are necessary on a single casing. 5. Rejects shall be tagged as “beyond repair” or “B.R.” and returned to the DeKalb County Tire Shop. Tread width of 8 inches or greater as applicable to original size of carcass. Tire carcasses provided by DeKalb County only approved for use. Carcasses beyond repair are to be marked and returned to DeKalb County. 6. The recapped tires shall be guaranteed against defects of material and workmanship for the life of the retread. All camel backs, and/or rubber used, shall be of quality known to the rubber industry as “Grade A”. 7. All bidders must operate a recapping plant with sufficient equipment to handle, in bidder’s own shop, at least 90 percent of recapping for which bid proposals are made. Selected vendor(s) are permitted to utilize specialized tracking and bar code monitoring systems with recapped tires. Associated hardware or software specific to vendor’s independent management programs and utilized for tracking produced recaps shall bear no additional cost to DeKalb County. Any additional resources provided to DeKalb County to help facilitate integration with vendor tracking systems shall also be furnished at no additional cost to the county. 8. Tractor and grader tires 7.50 x 20 and larger shall be no less than the original tread of the tire when new and unused. 9. In Cold Process Capping, which goes by trade means such as “Bandag” and “Oliver,” the temperature for Cold Chamber does not nor will it ever exceed 210°F. Temperature is below boiling point and a lower temperature than tires reach when in service on vehicles. There is no damage to the casing while being processed. The processed tire is sealed in an envelope, creating a natural vacuum while the tire is confined in a pressure chamber. The vacuum created is trying to draw the tire through a 3/8-inch diameter vacuum line. The tire is receiving more pressure on thread surface, thus giving the best thread possible to the buffed surface. This system lets the tire receive more than three times the pressure on the thread than it would using a steam module. Cold cap process using molded rubber of Oliver Orco compound, or Bandag BDM, Continental or Marangoni preferred; alternate brands may be considered. 10. Pre-cure systems using the steam modular system will be considered for retread DeKalb County tires. 11. In conventional capping bidder must specify type of compound used. Bidder state below: ______________________________________________________________________________ 12. Repair all tires with 20/32 or more tread depth unless beyond repair. End of Minimum Specifications INVITATION NO. 21-101474 Page 23 of 52 PRICE SCHEDULE NEW TIRES AND TUBES Item No. Size Load Range Bid Ply Tread Depth Brand Name & Tire Name OPL# Estimated Number of Units Price Per Unit Total Amount 1. P205/65R15 S 50 $ $ 2. . P205/75R15 X X X No longer needed 30 $ X $ X 3. P215/60R15 S 200 $ $ 4. P215/60R16 S 250 $ $ 5. P215/70R14 S X X No longer needed 20 $ X $ X 6. P215/70R15 S X X No longer needed 30 $ X $ X 7. P225/70R15 S X X No longer needed 20 $ X $ X 8. P225/75R15 S X X No longer needed 20 $ X $ X 9. P235/70R15 S Goodyear/equal 100 $ $ 10. P235/75R15 S ______ _____ 100 $ $ 11. P235/70R16 S ______ _____ 100 $ $ 12. P235/70R17 S ______ _____ 400 $ $ 13. P255/65R17 S ______ _____ 50 $ $ 14. P255/70R16 S ______ _____ 100 $ $ 15. P235/45R18 S ______ _____ ____________ 60 $ $ INVITATION NO. 21-101474 Page 24 of 52 PRICE SCHEDULE Item No. Size Load Range Bid Ply Tread Depth Brand Name & Tire Name OPL# Estimated Number of Units Price Per Unit Total Amount 16. LT215/85R16 E _____________ 100 $ $ 17. . LT225/75R16 E ______________ 150 $ $ 18. LT225/75R17 E ______________ 30 $ $ 19. LT235/85R16 E ______________ 150 $ $ 20. LT245/75R16 E _______________ 600 $ $ 21. LT245/75R17 E _______________ 300 $ $ 22. LT265/70R17 E _______________ 60 $ $ 23. LT265/75R16 E X X No longer needed _ 50 $ X $ X 24. LT275/70R18 E X X No longer needed 20 $ X $ X 25. 235/75R17.5 H __X___ X No longer needed 30 $ X $ X 26. 245/70R19.5 G 14 10 $ $ 27. 255/70R22.5 H 16 80 $ $ 28. 11R22.5 H _____ _____ _____________ 300 $ $ 29. 12R22.5 H _____ _____ _____________