The URL can be used to link to this page

Home My WebLink AboutDelray Tire & Retreading Inc Formal Cooperative Purchase Agreement - 12-18-23GSD-B Formal Product CPA - DPW (12-2022) -1- FORMAL COOPERATIVE PURCHASE AGREEMENT THIS AGREEMENT (Agreement) is made and entered into, effective on ______________________, by and between CITY OF FRESNO, a California municipal corporation (City), and Delray Tire and Retreading, Inc., a (Vendor). AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1.The Charter for the City allows for cooperative purchase agreements for materials, supplies, and equipment.The City may use another government agency’s agreement, as an exception to the competitive bid process. The Parties agree that the Vendor has entered a contract with The County of Fresno Master Procurement Agreement, Agreement Number P-22-193 (Original Government Contract).The solicitation for the Original Government Contract is attached as Exhibit A. 2.Vendor’s Obligation. Vendor shall provide those services and carry out that work described in the Original Government Contract, which is attached hereto as Exhibit B and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 3.City’s Obligation. City shall make to the Vendor those payments described in Exhibits A and B,subject to all the terms and condition contained or incorporated herein 4.Notwithstanding the requirements that the Original Government Contract is fully binding on the Parties, the parties have agreed to modify certain non-material provisions of the Original Government Contract as applied to this Agreement between the Vendor and the City, as follows: a) City’s Insurance and Indemnity provisions attached as Exhibit C. b)Address change for the City: Notwithstanding the address and contract information for the government entity as set out in Exhibit B, the Vendor agrees that notices and invoices will be sent to: City of Fresno Attention: Duane Myers 2101 G Street, Bldg F Fresno, Ca 93706 Phone: (559) 621-1186 E-mail:duane.myers@fresno.gov c)Notwithstanding anything in Exhibits A and B to the contrary, this Agreement shall be governed by, and construed and enforced in accordance with , the laws of the State of California, excluding however, any conflict of laws rule which would apply the law of another jurisdiction. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF 12/18/2023 GSD-B Formal Product CPA - DPW (12-2022) -2- Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. d)All other provisions in the Original Government Contract are fully binding on the parties and will represent the agreement between the City and the Vendor. 5.The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [Signatures follow on the next page.] DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF GSD-B Formal Product CPA - DPW (12-2022) -3- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Melissa Perales Purchasing Manager General Services Department APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Date Supv./Sr. Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Delray Tire and Retreading, Inc., By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) VENDOR: Delray Tire and Retreading, Inc. Attention:Matt Mastriano 2544 S Cherry Ave Fresno, Ca 93706 Phone:(559) 485-1761 FAX:(559) 485-7848 E-mail: matt@delraytire.com Attachments: Exhibit A - Original Solicitation Exhibit B - Original Government Contract Exhibit C - City’s Insurance and Indemnity DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF 11/14/2023 president RS Mastriano Mary Mastriano 11/14/2023 secretary 12/18/2023 12/22/2023 12/22/2023 G:\Public\RFQ\FY 2021-22\22-049 Tire Supply and Services\22-049 Tire Supply and Services.docx COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 22-049 TIRE SUPPLY AND SERVICES Issue Date: March 14, 2022 Closing Date: APRIL 11, 2022 AT 2:00 PM All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase. For assistance, contact Crystal Nino at Phone (559) 600-7110. BIDDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms stated in this RFQ. Bid must be signed and dated by an authorized officer or employee. Except as noted on individual items, the following will apply to all items in the Quotation Schedule: • A cash discount of % days will apply. County does not accept terms less than 15 days. COMPANY CONTACT PERSON ADDRESS CITY STATE ZIP CODE ( ) TELEPHONE NUMBER E-MAIL ADDRESS AUTHORIZED SIGNATURE PRINT NAME TITLE Purchasing Use: CN:st ORG/Requisition: 8910; 31113229; 9026 / 8912200544; 3111223039; 9262200079 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 2 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX TABLE OF CONTENTS PAGE KEY DATES .................................................................................................................... 3 OVERVIEW ..................................................................................................................... 3 BID INSTRUCTIONS ...................................................................................................... 4 GENERAL REQUIREMENTS & CONDITIONS ............................................................... 5 INSURANCE REQUIREMENTS ................................................................................... 16 PARTICIPATION ........................................................................................................... 17 REFERENCE LIST ........................................................................................................ 18 QUOTATION SCHEDULE ............................................................................................. 18 CHECK LIST ................................................................................................................. 22 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 3 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX KEY DATES RFQ Issue Date: March 14, 2022 Written Questions for RFQ Due: March 28, 2022 at 10:00 AM Questions must be submitted on the Bid Page at Public Purchase. RFQ Closing Date: April 11, 2022 at 2:00 PM Quotations must be electronically submitted on the Bid Page. OVERVIEW The County of Fresno (“County”) is soliciting bids from vendors to supply tires and related services to the County of Fresno Fleet Services, American Avenue Disposal Site, and Sheriff’s Office, as specified within this Request for Quotation (RFQ). This includes but not limited to golf carts, riding mowers, automobiles, light- and heavy-duty trucks, trailers, snowplows, loaders, motor graders, and construction equipment. The County annually spends approximately $450,000 on tires and $25,000 on related services. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 4 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX BID INSTRUCTIONS • Bidders must electronically submit bid package in pdf format, no later than the quotation closing date and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will not be responsible for and will not accept late bids due to slow internet connection or incomplete transmissions. • Bids received after the closing time will NOT be considered. • All quotations shall remain firm for 180 days. • Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing prior to the date and time stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. • ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the vendor’s sole point of contact with regard to the RFQ, its content, and all issues concerning it. All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor’s quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County’s established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. • APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations for award. A “Notice of Award” is not an indication of County’s acceptance of an offer made in response to this RFQ. Appeals shall be submitted to County of Fresno Purchasing, 333 W. Pontiac Way, Clovis, CA 93612 and in Word format to gcornuelle@FresnoCountyCA.gov. Appeals should address only areas regarding RFQ contradictions, procurement errors, proposal rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFQ process. Purchasing will provide a written response to the complainant within seven (7) working days unless the complainant is notified more time is required. If the appealing bidder is not satisfied with the decision of Purchasing, bidder shall have the right to appeal to the County Administrative Office within seven (7) working days after Purchasing’s notification; if the appealing bidder is not satisfied with CAO’s decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if the appeal will be going to the Board of Supervisors. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 5 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX GENERAL REQUIREMENTS & CONDITIONS LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference do not apply to this Request for Quotation. DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ). INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writing from Purchasing by March 28, 2022 at 10:00 AM, cut-off. Questions must be submitted on the Bid Page at Public Purchase or contact Crystal Nino at (559) 600-7110. NOTE: Time constraints will prevent County from responding to questions submitted after the cut-off date. Any change in the Request for Quotation will be made by written addendum issued by the County. The County will not be responsible for any other explanations or interpretations. EXCEPTIONS: Please provide any exceptions to the general requirements and conditions taken by the bidder. If exceptions are not noted, the County will assume that the bidder’s quotation meets those requirements. AWARD: Award will be made to up to three (3) vendor(s) offering the services, products, prices, delivery, equipment and system deemed to be to the best advantage of the County. County will not award to vendors only providing service or only providing products. Past performance (County contracts within the past seven years) and references may factor into awarding of a contract. The County shall be the sole judge in making such determination. Award Notices are tentative: Acceptance of an offer made in response to this RFQ shall occur only upon execution of an agreement by both parties. Awarded vendors will be chosen from the contract by user departments for each job based on quickest response time and lowest price. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. CODES AND REGULATIONS: All work and material to conform to all applicable Federal, State, local and special district building codes, laws, ordinances, and regulations. SALES TAX: Fresno County pays California State Sales Tax regardless of vendor's place of doing business. TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state and local taxes direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless otherwise specified herein. TAXES, CHARGES AND EXTRAS: A) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. B) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. C) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully describes items that you are bidding. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 6 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. Brands found to be acceptable to the County are as follows: BF Goodrich, Bridgestone, Continental, Cooper, Dunlop, Firestone, General, Goodyear, Hancook, Dumbo, Michelin, Pirelli, Toyo and Yokohama. LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name and address. MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the County. GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed. PACKAGING: Each item listed in the bid gives as part of its description the minimum packaging size that the County would order. The County feels it more reasonable to order the successful bidder's standard "carton" sizes; therefore, each bidder is asked to fill in the information for each item. Normally the circumstances resort to minimum package size orders. Be sure to fill in your "standard" carton size on the quotation schedule if different from stated. Quote separate prices on each individual item in County unit of measure (i.e., EA, DZ, PG, not your standard carton price). SAMPLES: On request, samples of the products on which you are bidding shall be made available to the County. County will designate where samples are to be delivered. Successful bidder's samples may be retained for checking against delivery, in which case allowance will be made to vendor. Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within thirty (30) days of bid closing date) be returned at the bidder's expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements. MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. BIDDERS’ LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFQ. PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services and activities offered in the quotation, whether or not they are provided directly. Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the County. PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B. destination to the user department. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 7 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of system implementation. NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno. BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided to all agencies and organizations that receive the basic RFQ. CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1. Employees of the County or public agencies for which the Board of Supervisors is the governing body. 2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. 3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (1), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. 4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. 5. No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. INVOICING: All invoices are to be delivered to the ordering department no later than three (3) days after the delivery of services or goods. Each invoice shall reference the purchase order or contract number and the equipment number if applicable. The contractor shall obtain the “invoice to” address when receiving the order. PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. Terms of payment will be net forty-five (45) days. County will consider the Bidder’s Cash discount Offer, in lieu of the net forty-five (45) days payment terms. CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term of three (3) years. RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual written consent of all parties. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. ORDERING: Orders will be placed as required by the various County Departments. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 8 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of Contractor’s officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor’s Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from defect. No bid will be considered unless it is accompanied by a complete list of manufacturer's catalog numbers of the items, which the bidder proposes to furnish, together with full descriptive literature on all items so enumerated. If item proposed differs from these specifications, bidder shall present specific explanation of functioning and structural characteristics for those details which differ from the specifications listed herein. SAFETY DATA SHEETS: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Safety Data Sheet for each product, which contains any substance on “The List of 800 Hazardous Substances”, published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act, California State Labor Code Sections 6360 through 6399.7.) RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the contractor in the performance of his work shall be replaced or repaired and restored to original condition by the contractor. CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 9 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the work with the County so that any interruption to the normal business operations be kept to a minimum. INSPECTION: All material and workmanship shall be subject to inspection, examination and test by the County at any and all times during which manufacture and/or construction are carried on. The County shall have the right to reject defective material and workmanship or require its correction. SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner. SAFEGUARDS: The successful bidder shall provide, in conformity with all local codes and ordinances and as may be required, such temporary walls, fences, guardrails, barricades, lights, danger signs, enclosures, etc., and shall maintain such safeguards until all work is completed. DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California. Any claim which cannot be amicably settled without court action will be litigated in the U.S. District Court for the Eastern District of California in Fresno, CA or in a state court for Fresno County. DEFAULT: In case of default by the selected bidder, the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the County. Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno. ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. OBLIGATIONS OF CONTRACTOR: Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. TIE BIDS: With all other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, the tied vendors will be granted the opportunity to submit new bids or the entire bid may be rejected and re-bid. If the General Requirements of the RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the County for the purpose of providing services must employ adequate controls and data security measures, both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the County, preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of County data including sensitive or personal client information; abuse of County resources; and/or disruption to County operations. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 10 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX Individuals and/or agencies may not connect to or use County networks/systems via personally owned mobile, wireless or handheld devices unless authorized by County for telecommuting purposes and provide a secure connection; up to date virus protection and mobile devices must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not be used (County or Contractor device) or brought in for use into the County’s system(s) without prior authorization from County’s Chief Information Officer and/or designee(s). No storage of County’s private, confidential or sensitive data on any hard-disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The County will immediately be notified of any violations, breaches or potential breaches of security related to County’s confidential information, data and/or data processing equipment which stores or processes County data, internally or externally. County shall provide oversight to Contractor’s response to all incidents arising from a possible breach of security related to County‘s confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as deemed necessary by County in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification. AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three (3) years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 11 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX BIDDER TO COMPLETE: Online Services: The County’s Sheriff’s Department would like to have the ability to perform the following actions online: Order tires, review inventory of available tires, and view tread patterns and specifications. While it is encouraged, bids will not be rejected if not available. Please specify if this is available and give a brief description of how it works. GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid only if they can guarantee delivery. Desired standard delivery for stock items is two (2) days. Desired delivery as need is two (2) hours. Enter guaranteed delivery on this line (i.e., number of days from receipt of order to delivery.) WARRANTY AND SERVICE LOCATION: State the warranty and/or guarantee provisions applicable to this equipment or attach warranty form with your bid. State specific location, where service and/or maintenance can be obtained. Failure to furnish this information will be cause for rejection of bid. ADDITIONAL ITEMS: A guaranteed percentage discount from the manufacturers enclosed price lists will be allowed on purchases of all additional items. State the name of the price list, indicate the applicable price column, give the effective date of price list, and list any applicable discounts here: Price List Price Column Effective date Discount (%) Bidders will submit any applicable price lists with bid. Prices on additional items will be based on successful bidder's firm percent discount from manufacturer's current published price list. Successful bidder will be required to file any new price list that may become effective during the life of the contract with the County of Fresno Purchasing Manager within thirty (30) days of its becoming effective. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 12 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX State Your Purchase Order mailing address: Fax orders to: Phone orders to: Email orders to: MINIMUM ORDER: Bidder to state minimum order quantities and charges for less than minimum order quantity (if not stated it will be assumed there are none). SUBCONTRACTORS: List all subcontractors that would perform work in excess of one/half of one percent of the total amount of your bid, and state general type of work such subcontractor would be performing. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor: DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 13 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX Requested Services Provide an itemized sample invoice for charges related to the requested services. Provide attachments if necessary. A John Deere 544G is located 30 miles away and needs one Bridgestone VSW DG2 175R25 tire (part number 420387) replaced. Cost $ $ $ $ $ $ $ $ $ $ $ $ Total $ DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 14 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX A John Deere 7700 tractor is 30 miles away and needs a 7.00/7.50R15 tube only replaced. Cost $ $ $ $ $ $ $ $ $ $ Total $ A Freightliner truck is located 30 miles away and needs one Bridgestone R280 11R22.5 front tire (part number 183819) replaced. Cost $ $ $ $ $ $ $ $ $ $ Total $ DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 15 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX A PB Loader is located 30 miles away and needs a flat repair on one 11R22.5 rear inside tire. The cause is a puncture on the tread area. Cost $ $ $ $ $ $ $ $ $ $ Total $ DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 16 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX INSURANCE REQUIREMENTS INSURANCE: Without limiting the County’s right to obtain indemnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Fleet Services, Attn: Ken Christiansen, 4551 E. Hamilton Ave., Fresno, CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. Certificates of insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 17 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. No, we will not extend contract terms to any agency other than the County of Fresno. (Authorized Signature) Title DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 18 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION. Firm: REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar products/services. If you have held a contract for similar services with the County of Fresno within the past seven (7) years, list the County as one of your customers. Please list the person most familiar with your contract. Be sure to include all requested information. Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 18 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX QUOTATION SCHEDULE County will award to up to three (3) vendors with the lowest annual total. Brand Description Size Part # Annual Qty List Price (each) Discount Unit Cost (List Price Less Discount) Extended Cost (Unit Cost x annual quantity) Bridgestone R250F 245/70R19.5 299898 4 $ % $ $ Bridgestone R250F 225/70R19.5 153028 18 $ % $ $ Bridgestone R238 225/70R19.5 248681 4 $ % $ $ Bridgestone R280 11R X 22.5 183819 4 $ % $ $ Bridgestone VSW DG2 17.5 X R25 420387 4 $ % $ $ Firestone Firehawk GT V Pursuit 265/60R17 23189 10 $ % $ $ Firestone Firehawk GT Z Pursuit 235/55R17 77325 10 $ % $ $ Firestone Firehawk GT Z Pursuit 235/55R17 3874 10 $ % $ $ Firestone Firehawk GT Z Pursuit 225/60R18 3875 10 $ % $ $ Firestone Firehawk GT Z Pursuit 235/50R18 23308 10 $ % $ $ Firestone Firehawk GT Z Pursuit 245/55R18 177 10 $ % $ $ Firestone Firehawk PV41 225/60R16 67911 10 $ % $ $ Goodyear G177 11R X 22.5 138-803-230 2 $ % $ $ Goodyear GP2B 17.5R X 25 152-524-070 2 $ % $ $ Goodyear Eagle RS-A 225/60R16 732-354-148 10 $ % $ $ Goodyear Eagle RS-A 225/60R16 732-354-500 10 $ % $ $ Goodyear Eagle RS-A 235/55R17 732-002-500 76 $ % $ $ Goodyear Eagle RS-A 235/55R17 732-297-500 12 $ % $ $ Goodyear Eagle RS-A 265/60R17 732-301-500 12 $ % $ $ Goodyear Eagle RS-A 235/50R18 732-276-500 12 $ % $ $ Goodyear Eagle RS-A 245/55R18 732-026-500 12 $ % $ $ Goodyear Eagle RS-A 225/60R18 732-312-500 32 $ % $ $ Goodyear Wrangler SR-A 225/70R15 183-482-418 10 $ % $ $ Goodyear Wrangler SR-A 225/75R15 183-064-418 10 $ % $ $ Goodyear Wrangler SR-A 225/75R16 183-017-418 18 $ % $ $ Goodyear Wrangler SR-A 235/70R16 183-407-418 18 $ % $ $ DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 19 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX Brand Description Size Part # Annual Qty List Price (each) Discount Unit Cost (List Price Less Discount) Extended Cost (Unit Cost x annual quantity) Goodyear Wrangler SR-A 255/65R16 183-987-418 8 $ % $ $ Goodyear Wrangler AT Adventure 225/75R16 748-748-572 4 $ % $ $ Goodyear Wrangler AT Adventure 235/70R16 758-043-571 4 $ % $ $ Goodyear Wrangler AT Adventure 245/70R16 758-762-571 4 $ % $ $ Goodyear Wrangler AT Adventure 245/75R16 758-059-571 28 $ % $ $ Goodyear Wrangler AT Adventure 265/75R16 748-746-571 4 $ % $ $ Goodyear Wrangler AT Adventure 235/70R17 758-078-571 52 $ % $ $ Goodyear Wrangler AT Adventure 235/75R17 758-089-572 84 $ % $ $ Goodyear Wrangler AT Adventure 245/70R17 758-060-572 16 $ % $ $ Goodyear Wrangler Duratrac 265/70R17 312-014-142 20 $ % $ $ Goodyear Assurance All-Season 185/70R14 407-476-374 8 $ % $ $ Goodyear Assurance All-Season 195/70R14 407-736-374 8 $ % $ $ Goodyear Assurance All-Season 195/65R15 407-477-374 52 $ % $ $ Goodyear Assurance All-Season 205/75R15 407-789-374 32 $ % $ $ Goodyear Assurance All-Season 215/75R15 407-792-374 16 $ % $ $ Goodyear Assurance All-Season 225/60R16 407-715-374 12 $ % $ $ Goodyear Assurance All-Season 225/65R16 407-786-374 52 $ % $ $ Goodyear Assurance All-Season 235/60R16 407-784-374 8 $ % $ $ Goodyear Assurance All-Season 215/55R17 407-213-374 8 $ % $ $ Goodyear Assurance All-Season 225/65R17 407-285-374 8 $ % $ $ Goodyear Assurance Fuel Max 195/65R15 738-274-571 52 $ % $ $ Goodyear Assurance Fuel Max 205/65R15 738-403-571 16 $ % $ $ Goodyear Assurance Fuel Max 215/70R15 738-280-571 40 $ % $ $ Goodyear Assurance Fuel Max 215/60R16 738-571-571 120 $ % $ $ Goodyear Assurance Fuel Max 215/65R16 738-016-571 120 $ % $ $ Goodyear Assurance Fuel Max 215/70R16 755-205-383 12 $ % $ $ DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 20 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX Brand Description Size Part # Annual Qty List Price (each) Discount Unit Cost (List Price Less Discount) Extended Cost (Unit Cost x annual quantity) Goodyear Assurance Fuel Max 235/60R16 738-334-571 12 $ % $ $ Goodyear Assurance Fuel Max 235/70R16 755-206-383 8 $ % $ $ Goodyear Assurance Fuel Max 245/70R16 755-762-383 8 $ % $ $ Goodyear Assurance Fuel Max 245/75R16 755-298-383 8 $ % $ $ Goodyear Assurance Fuel Max 215/55R17 738-340-571 8 $ % $ $ Goodyear Assurance Fuel Max 225/60R17 738-168-571 10 $ % $ $ Goodyear Assurance Fuel Max 225/65R17 738-285-571 10 $ % $ $ Goodyear Assurance Fuel Max 245/70R17 755-056-383 10 $ % $ $ Goodyear Integrity 225/60R16 402-314-073 10 $ % $ $ Recap – Aggressive 11R x 22.5 2 $ % $ $ Recap – Aggressive 11R x 24.5 2 $ % $ $ Recap – Aggressive 12R x 22.5 2 $ % $ $ Recap – Highway 11R x 24.5 2 $ % $ $ Golf Cart Tire 18x8.5-8 10 $ % $ $ Kubota RTV500 Tire 24x9-12 HDWS 6-p ARTV4303 2 $ % $ $ Kubota RTV500 Tire 24x11-12 HDWS 6- ARTV4304 2 $ % $ $ Subtotal (without tire fees) $ Tire Fees Disposal Fees Taxable Amount Tax ANNUAL TOTAL DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 21 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX Services for Autos and Light Duty Trucks Tire Change: (per wheel) $ Flat Repair: (indicate if per wheel / unit / other) $ Wheel balance: Computer spin balance (per wheel) $ Alignment: Computer alignment (indicate if per axle / hour / ot $ Services for Heavy Duty Trucks Tire Change: (per wheel) $ Flat Repair: (indicate if per wheel / unit / other) $ Wheel balance: Computer spin balance (per wheel) $ Alignment: Computer alignment (indicate if per axle / hour / ot $ Services for Tractors/Construction Equipment Tire Change: (per wheel) $ Flat Repair: (indicate if per wheel / unit / other) $ Wheel balance: Computer spin balance (per wheel) $ Emergency Road Service Regular Hours – Monday – Friday 7:00 AM – 4:30 PM (excluding County Holidays): $ /hour After Hours – Any time not included above: $ /hour Mileage Charge (for each mile in excess of the first 15 miles): $ /hour Fuel Charge (for each mile in excess of the first 15 miles): $ /hour DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 22 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX CHECK LIST This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list, are important requirements and is the responsibility of the bidder to submit with the bid package in order to make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the bid in its entirety. Check off each of the following: 1. The Request for Quotation (RFQ) has been signed and completed. 2. Addenda, if any, have been signed and included in the bid package. 3. The completed Reference List as provided with this RFQ. 4. The Quotation Schedule as provided with this RFQ has been completed, price reviewed for accuracy and any corrections initialed. 5. Indicate all of bidder exceptions to the County’s requirements, conditions and specifications as stated within this RFQ. 6. The Participation page as provided within this RFQ has been signed and included 7. Bidder to Complete page as provided with this RFQ. 8. Return checklist with RFQ response. 9. Completed RFQ in pdf format, electronically submitted to the Bid Page on Public Purchase. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology MASTER PROCUREMENT AGREEMENT Agreement Number P-22-193 May 10, 2022 The County of Fresno (County) hereby contracts with various vendors (Contractors) to provide tire supply and related services in accordance with the text of this agreement, the vendor’s corresponding Attachment, County of Fresno Request for Quotation No: 22-049 and the attached contractors response to County of Fresno Request for Quotation No: 22-049 by this reference made a part hereof. TERM: This Agreement shall become effective June 6, 2022 and shall remain in effect through June 5, 2025. EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in the vendor’s corresponding Attachment “A” attached, at the rates set forth in the vendor’s corresponding Attachment “A”. ORDERS: Orders will be placed on an as-needed basis by various County Departments under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall fees for services and supplies paid under this Master Agreement be in excess of Three Million Dollars ($3,000,000.00). In no event shall fees for services exceed Two Hundred Thousand Dollars ($200,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Page 2 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Page 3 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Fleet Services Manager, 4551 E Hamilton Ave, Fresno CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. Certificates of insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Page 4 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractors and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding the vendor’s corresponding Attachment, County's Request for Quotation No. 22-049 and the Contractor's Quote in response thereto); (2) the vendor’s corresponding Attachment (3) the County's Request for Quotation; (3) the County's Request for Quotation No. 22-049 and (4) the Contractor's quotation made in response to County's Request for Quotation No. 22-049. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning your corresponding signature page of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Crystal Nino, Purchasing Technician II, at 559-600-7113 or cnino@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:cn Gary Cornuelle Digitally signed by Gary Cornuelle Date: 2022.05.23 13:44:32 -07'00' DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Page 6 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX CONTRACTOR TO COMPLETE: Company: Delray Tire and Retreading, Inc. Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Print Name & Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 31113229, 8910, 9026 Account No.: 7205 Requisition No.: 3111223039, 8912200544, 9262200079 (9/2021) ■ 2544 s cherry ave fresno ca 93706 559-485-1761 559-485-7848 matt@delraytire.com Matt Mastriano VP Sales/Marketing Mary Mastriano Secretary Matt Mastriano Digitally signed by Matt Mastriano Date: 2022.05.17 10:37:57 -07'00'Mary Mastriano Digitally signed by Mary Mastriano Date: 2022.05.17 10:51:59 -07'00' DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Attachment “A” Page 1 of 2 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX ATTACHMENT "A" Contacts Fleet Services Parts Room Tou Vang (559) 600-7518 touvang@fresnocountyca.gov Trucks Allan Kroeker (559) 600-7517 akroeker@fresnocountyca.gov Fleet Manager Ken Christiansen (559) 600-7530 kchristiansen@fresnocountyca.gov Light Duty Supervisor Todd Porterfield (559) 600-7525 tporterfield@fresnocountyca.gov Heavy Duty Supervisor Mike Downing (559) 600-7528 mdowning@fresnocountyca.gov Billing Inquiries Charity Montano (559) 600-5930 Isdap-ar@fresnocountyca.gov cmontano@fresnocountyca.gov Sheriff’s Office Fleet Manager Sgt. Michael Severson Michael.severson@fresnosheriff.org Billing Inquiries Jamie Vasquez (559) 600-8586 Jamie.vasquez@fresnosheriff.org Public Works Senior Analyst Song Vang (559) 600-4320 songvang@fresnocountyca.gov Billing Inquiries Business Office pwpbusinessoffice@fresnocountyca.gov DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Attachment “A” Page 2 of 2 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX General Departments will choose a vendor for each job based on quickest response time and/or lowest price. All workmanship is subject to inspection, testing, and approval by County. Delivery for stock items for stock items is required in two (2) days or less. Invoicing All invoices must have the agreement number and vehicle numbers. Invoices must be delivered to the ordering department no more than three (3) days from service. Scope of Work 1) Initial Response: A verbal response must be received with fifteen (15) minutes and service truck on route within thirty (30) minutes of the initial call. Verbal response must include estimated time before the service truck is on route, location of the service truck and estimated time of arrival at the service location. Response time will begin with the initial phone call from the County. 2) Unable to Respond: If for any reason the vendor is unable to be on route within the maximum response time of thirty (30) minutes, vendor will verbally respond to the County service call and indicate when they will be able to respond. The County will decide whether to continue with the primary vendor or contact a secondary vendor. Should a verbal response not be received within fifteen (15) minutes of the initial call, another vendor will be called to provide the required service. 3) Unable to Find Vehicle: Should the vendor be unable to locate a vehicle at the given location, Vendor will contact the County for additional directions and make a reasonable effort to locate the vehicle. 4) Standards: All service technicians must be qualified personnel compliant and familiar with the terms and conditions of the contractual agreement between the County of Fresno and the contractor for tires and related services. Service technicians must be at least eighteen (18) years of age and trained at a sufficient level of competence to operate any special equipment required to perform the requested services. All service repairs must be made in accordance with generally acceptable industry standards. 5) Service Area and Conditions: Vendor is able and willing to provide services throughout Fresno County. Vendor is able and willing to provide services in adverse weather conditions such as snow. 6) Used Tires: Vendors will be expected to pick up used tires, equal to the number of new tires purchased, at the time of delivery. Services requested on an as-needed basis Definitions: A. Dismount – Removing a tire from a rim B. Mount – Installing a tire onto a rim C. Dismount and Mount – Removing a tire from a rim and installing a new tire in the same rim D. Tire Change – Remove wheel and tire assembly from vehicle, dismount old tire, mount new tire, install wheel and tire assembly onto vehicle E. Flat Repair – Remove wheel and tire assembly (if applicable), dismount tire, repair hole, mount tire, install wheel and tire assembly onto vehicle F. Wheel Balance – Computer spin balance of wheel and tire assembly G. Alignment – Computer alignment of all applicable adjustment points to recommended specs (camber, caster, toe) DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Attachment “B” Page 1 of 3 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX ATTACHMENT "B” Delray Tire and Retreading, Inc. Service for Autos and Light Duty Trucks Tire Change per wheel $12.00 Flat Repair per wheel $21.00 Wheel balance per wheel $15.00 Alignment $100.00 Service for Heavy Duty Trucks Tire Change per wheel $40.00 Flat Repair per wheel $45.00 Wheel balance per wheel $40.00 Alignment Front end: $115.00 3 axle: $190.00 Services for Tractors/Construction Equipment Tire Change per wheel $40.00 Flat Repair per wheel $45.00 Emergency Road Service Regular hours (M-F 7AM-4:30PM, excluding holidays) $129.00 / hour After hours – any time not included above $190.00 / hour Mileage charge for each mile in excess of the first 20 miles $1.60 / mile Fuel Charge $12.95 / service call DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Attachment “B” Page 2 of 3 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX Brand Description Size Part # Unit Cost American Farmer Industrial Rib F-3 TL 14.5/75-16 FA46W $333.71 Bridgestone Duravis R500 245/75R16 191-860 $217.80 Bridgestone Ecopia EP422 Plus 215/70R15 006-053 $146.29 Bridgestone M729F 225/70R19.5 227-023 $297.92 Bridgestone M760 11R22.5 247-933 $587.72 Bridgestone R238 225/70R19.5 009-121 $275.03 Bridgestone R268 Ecopia 11R22.5 248-817 $352.00 Bridgestone R268 Ecopia 12R22.5 278 $362.00 Bridgestone V-Steel Snow Wedge 17.5R25 420-387 $1,834.98 Bridgestone VSWAS Radial Grader Tire 17.5R25 004682 $1,834.98 Carlisle CSL24 R1 Bias TT 14.9R28 6A06192 $314.33 Carlisle CSL24 R1 Bias TT 18.4R38 6A06362 $805.00 Carlisle FSTR Radial R1-W TL 420/85R34 6A07202 $661.31 Carlisle Trac Chief I3 12.5/80-18 570121 $281.78 Continental HSR+ 225/70R19.5 5125520000 $360.77 Continental HTL2 215/75R17.5 05310170000 $309.74 Continental Pro Contact 215/55R16 15508160000 $115.77 Cooper Discoverer AT3 225/75R16 90000046771 $126.83 Firestone All Traction Utility 21L24 321370 $793.24 Firestone Destination A/T2 235/70R17 014366 $237.47 Firestone Destination A/T2 235/75R17 014315 $117.66 Firestone FD663 11R22.5 281042 $345.60 Firestone FD692 11R22.5 3155 $624.49 Firestone Transforce HT2 245/75R17 002777 $142.47 General D460 11R22.5 05211360000 $375.42 General #5211330000 11R24.5 5211330000 $376.45 General S360 11R24.5 05123240000 $385.30 Goodyear Assurance All-Season 195/65R15 407-477-374 $66.92 Goodyear Assurance All-Season 215/60R16 407-562-374 $75.93 Goodyear Assurance All-Season 215/65R16 407-016-374 $85.31 Goodyear Assurance All-Season 225/60R16 407-715-374 $79.57 Goodyear Assurance ComfortDrive 215/55R16 413-507-582 $100.38 Goodyear Assurance Max-life 195/65R15 110489545 $86.41 Goodyear Assurance A/S 215/60R16 407562374 $75.93 Goodyear Assurance Fuel Max 225/65R17 755-667-383 $134.94 TITAN HI-TRAC R-1 18.4R34 48E154 $920.84 Goodyear Eagle LS2 235/45R18 706-038-163 $107.17 Goodyear Eagle RS-A 225/60R18 732-312-500 $123.00 Goodyear Eagle RS-A 235/55R17 732-002-500 $116.00 Goodyear Eagle RS-A 245/55R18 732-026-500 $135.00 Goodyear Fortera HL 245/70R17 151-056-203 $126.14 KELLY EDGE A/S 215/70R15 356166026 $83.00 Goodyear Wrangler Fortitude 265/70R16 157-045-622 $129.77 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Attachment “B” Page 3 of 3 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX Brand Description Size Part # Unit Cost Goodyear Wrangler Fortitude HT 235/65R16 179-195-622 $159.20 Goodyear Wrangler MT/R with Kevlar 265/70R17 750-152-326 $206.22 Goodyear FORTITUDE HT 245/75R16 179747622 $164.75 Goodyear Wrangler SR-A 265/70R17 183-106-418 $149.82 HERCULES HRA 215/75R17.5 95321 $159.37 Hercules Power ST2 205/75R15 94753 $67.75 HERCULES R-4 19.5Lx24 94707 $508.37 Michelin Agribib Radial Tractor Tire 13.6R24 97644 $645.00 Michelin Latitude Tour HP 245/60R18 43880 $197.64 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Attachment “C” Page 1 of 3 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX ATTACHMENT "C” East Bay Tire Co. Service for Autos and Light Duty Trucks Tire Change per wheel $15.00 Flat Repair per wheel $29.00 Wheel balance per wheel $15.00 Alignment $105.00 Service for Heavy Duty Trucks Tire Change per wheel $40.00 Flat Repair per wheel $45.00 Wheel balance per wheel $18.00 Alignment $275.00 Services for Tractors/Construction Equipment Tire Change per wheel $105.00 Flat Repair per wheel $125.00 Emergency Road Service Regular hours (M-F 7AM-4:30PM, excluding holidays) $115.00 / hour After hours – any time not included above $145.00 / hour Mileage charge for each mile in excess of the first 15 miles $1.00 / mile Fuel Charge $1.00 / mile DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Attachment “C” Page 2 of 3 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX Brand Description Size Part # Unit Cost Camso Industrial Rib F-3 TL 14.5/75-16 2.1190.9578 $375.00 Continental HTS60 245/75R16 04505100000 $146.62 Continental Altimax RT43 215/70R15 15495060000 $86.70 Continental HDR + 225/70R19.5 05224030000 $370.79 Continental HDL2 11R22.5 05211220000 $517.62 Continental HSR+ 225/70R19.5 05125520000 $360.77 Continental HSR3 11R22.5 05124370000 $487.04 Continental HSR2 12R22.5 05120880000 $514.34 Michelin X Snow Plus 17.5R25 99466 $2,185.60 Michelin XTLA Grader 17.5R25 4118 $1,842.40 Carlisle CSL24 R1 Bias TT 14.9R28 6A06192 $438.00 Carlisle CSL24 R1 Bias TT 18.4R38 6A06362 $881.00 Carlisle FSTR Radial R1-W TL 420/85R34 6A07202 $1399.00 Carlisle Trac Chief I3 12.5/80-18 570121 $354.00 Continental HSR+ 225/70R19.5 05125520000 $360.77 Continental HTL2 215/75R17.5 5310170000 $309.74 Continental Pro Contact 215/55R16 15508160000 $115.77 General Grabber HD 225/75R16 04507160000 $118.88 Firestone All Traction Utility 21L24 321370 $1,195.00 Goodyear Workhorse AT 235/70r17 480078855 $129.14 Goodyear Adventure AT 235/75R17 758089572 $149.79 General RD 11R22.5 05653170000 $447.19 General HD2 11R22.5 05211770000 $479.89 General HTS 245/75R17 04501840000 $170.85 General D460 11R22.5 05210950000 $386.10 General D460 11R24.5 5681100000 $406.12 General HS 2 11R24.5 05112020000 $479.21 Goodyear Assurance All-Season 195/65R15 407-477-374 $67.28 Goodyear Assurance All-Season 215/60R16 407-562-374 $76.04 Goodyear Assurance All-Season 215/65R16 407-016-374 $85.31 Goodyear Assurance All-Season 225/60R16 407-715-374 $80.04 Goodyear Assurance ComfortDrive 215/55R16 413-507-582 $100.38 Goodyear Assurance All-Season 195/65R15 407-477-374 $66.92 Goodyear Assurance All-Season 215/60R16 407-562-374 $77.69 Goodyear Assurance All-Season 225/65R17 407285374 $109.29 Goodyear Dura Torque R-1 TT 18.4R34 47Q854 $795.00 Goodyear Eagle LS2 235/45R18 706-038-163 $107.17 Goodyear Eagle RS-A 225/60R18 732-312-500 $125.67 Goodyear Eagle RS-A 235/55R17 732-002-500 $121.92 Goodyear Eagle RS-A 245/55R18 732-026-500 $134.93 Goodyear Fortera HL 245/70R17 151-056-203 $126.14 Goodyear Assurance All-Season 215/70R15 407783374 $63.06 Goodyear Wrangler Fortitude 265/70R16 157-045-622 $129.77 Goodyear Wrangler Fortitude HT 235/65R16 179-195-622 $159.20 Goodyear Wrangler MT/R with Kevlar 265/70R17 750-152-326 $206.22 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 Attachment “C” Page 3 of 3 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX Brand Description Size Part # Unit Cost Goodyear wrangler fortitude 245/75R16 179747622 $164.75 Goodyear Wrangler SR-A 265/70R17 183-106-418 $122.53 Toyo M1430 215/75R17.5 520500 $231.00 DPT Trailer ST 205/75R15 85e210015 $95.00 Camso Backhoe R-4 19.5Lx24 2.1243.10795 $750.00 Michelin Agribib Radial Tractor Tire 13.6R24 97644 $1,036.80 Michelin Latitude Tour HP 245/60R18 43880 $196.00 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX East Bay Tire Co.’s Response to County of Fresno Request for Quotation No. 22-049 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF G:\Public\RFQ\FY 2021-22\22-049 Tire Supply and Services\22-049 Tire Supply and Services.docx COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 22-049 TIRE SUPPLY AND SERVICES Issue Date: March 14, 2022 Closing Date: APRIL 11, 2022 AT 2:00 PM All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase. For assistance, contact Crystal Nino at Phone (559) 600-7110. BIDDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms stated in this RFQ. Bid must be signed and dated by an authorized officer or employee. Except as noted on individual items, the following will apply to all items in the Quotation Schedule: •A cash discount of % days will apply. County does not accept terms less than 15 days. COMPANY CONTACT PERSON ADDRESS CITY STATE ZIP CODE ( ) TELEPHONE NUMBER E-MAIL ADDRESS AUTHORIZED SIGNATURE PRINT NAME TITLE Purchasing Use: CN:st ORG/Requisition: 8910; 31113229; 9026 / 8912200544; 3111223039; 9262200079 East Bay Tire Co. John Hulsey 2955 S. Orange Ave Fresno CA 93725 559-354-1000 jhulsey@eastbaytire.com John Hulsey John Hulsey General Manager DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 2 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX TABLE OF CONTENTS PAGE KEY DATES .................................................................................................................... 3 OVERVIEW ..................................................................................................................... 3 BID INSTRUCTIONS ...................................................................................................... 4 GENERAL REQUIREMENTS & CONDITIONS ............................................................... 5 INSURANCE REQUIREMENTS ................................................................................... 16 PARTICIPATION ........................................................................................................... 17 REFERENCE LIST ........................................................................................................ 18 QUOTATION SCHEDULE ............................................................................................. 18 CHECK LIST ................................................................................................................. 22 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 3 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX KEY DATES RFQ Issue Date: March 14, 2022 Written Questions for RFQ Due: March 28, 2022 at 10:00 AM Questions must be submitted on the Bid Page at Public Purchase. RFQ Closing Date: April 11, 2022 at 2:00 PM Quotations must be electronically submitted on the Bid Page. OVERVIEW The County of Fresno (“County”) is soliciting bids from vendors to supply tires and related services to the County of Fresno Fleet Services, American Avenue Disposal Site, and Sheriff’s Office, as specified within this Request for Quotation (RFQ). This includes but not limited to golf carts, riding mowers, automobiles, light- and heavy-duty trucks, trailers, snowplows, loaders, motor graders, and construction equipment. The County annually spends approximately $450,000 on tires and $25,000 on related services. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 4 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX BID INSTRUCTIONS • Bidders must electronically submit bid package in pdf format, no later than the quotation closing date and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will not be responsible for and will not accept late bids due to slow internet connection or incomplete transmissions. • Bids received after the closing time will NOT be considered. • All quotations shall remain firm for 180 days. • Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing prior to the date and time stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. • ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the vendor’s sole point of contact with regard to the RFQ, its content, and all issues concerning it. All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor’s quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County’s established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. • APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations for award. A “Notice of Award” is not an indication of County’s acceptance of an offer made in response to this RFQ. Appeals shall be submitted to County of Fresno Purchasing, 333 W. Pontiac Way, Clovis, CA 93612 and in Word format to gcornuelle@FresnoCountyCA.gov. Appeals should address only areas regarding RFQ contradictions, procurement errors, proposal rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFQ process. Purchasing will provide a written response to the complainant within seven (7) working days unless the complainant is notified more time is required. If the appealing bidder is not satisfied with the decision of Purchasing, bidder shall have the right to appeal to the County Administrative Office within seven (7) working days after Purchasing’s notification; if the appealing bidder is not satisfied with CAO’s decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if the appeal will be going to the Board of Supervisors. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 5 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX GENERAL REQUIREMENTS & CONDITIONS LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference do not apply to this Request for Quotation. DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ). INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writing from Purchasing by March 28, 2022 at 10:00 AM, cut-off. Questions must be submitted on the Bid Page at Public Purchase or contact Crystal Nino at (559) 600-7110. NOTE: Time constraints will prevent County from responding to questions submitted after the cut-off date. Any change in the Request for Quotation will be made by written addendum issued by the County. The County will not be responsible for any other explanations or interpretations. EXCEPTIONS: Please provide any exceptions to the general requirements and conditions taken by the bidder. If exceptions are not noted, the County will assume that the bidder’s quotation meets those requirements. AWARD: Award will be made to up to three (3) vendor(s) offering the services, products, prices, delivery, equipment and system deemed to be to the best advantage of the County. County will not award to vendors only providing service or only providing products. Past performance (County contracts within the past seven years) and references may factor into awarding of a contract. The County shall be the sole judge in making such determination. Award Notices are tentative: Acceptance of an offer made in response to this RFQ shall occur only upon execution of an agreement by both parties. Awarded vendors will be chosen from the contract by user departments for each job based on quickest response time and lowest price. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. CODES AND REGULATIONS: All work and material to conform to all applicable Federal, State, local and special district building codes, laws, ordinances, and regulations. SALES TAX: Fresno County pays California State Sales Tax regardless of vendor's place of doing business. TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state and local taxes direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless otherwise specified herein. TAXES, CHARGES AND EXTRAS: A) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. B) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. C) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully describes items that you are bidding. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 6 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. Brands found to be acceptable to the County are as follows: BF Goodrich, Bridgestone, Continental, Cooper, Dunlop, Firestone, General, Goodyear, Hancook, Dumbo, Michelin, Pirelli, Toyo and Yokohama. LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name and address. MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the County. GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed. PACKAGING: Each item listed in the bid gives as part of its description the minimum packaging size that the County would order. The County feels it more reasonable to order the successful bidder's standard "carton" sizes; therefore, each bidder is asked to fill in the information for each item. Normally the circumstances resort to minimum package size orders. Be sure to fill in your "standard" carton size on the quotation schedule if different from stated. Quote separate prices on each individual item in County unit of measure (i.e., EA, DZ, PG, not your standard carton price). SAMPLES: On request, samples of the products on which you are bidding shall be made available to the County. County will designate where samples are to be delivered. Successful bidder's samples may be retained for checking against delivery, in which case allowance will be made to vendor. Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within thirty (30) days of bid closing date) be returned at the bidder's expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements. MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. BIDDERS’ LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFQ. PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services and activities offered in the quotation, whether or not they are provided directly. Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the County. PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B. destination to the user department. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 7 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of system implementation. NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno. BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided to all agencies and organizations that receive the basic RFQ. CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1. Employees of the County or public agencies for which the Board of Supervisors is the governing body. 2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. 3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (1), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. 4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. 5. No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. INVOICING: All invoices are to be delivered to the ordering department no later than three (3) days after the delivery of services or goods. Each invoice shall reference the purchase order or contract number and the equipment number if applicable. The contractor shall obtain the “invoice to” address when receiving the order. PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. Terms of payment will be net forty-five (45) days. County will consider the Bidder’s Cash discount Offer, in lieu of the net forty-five (45) days payment terms. CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term of three (3) years. RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual written consent of all parties. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. ORDERING: Orders will be placed as required by the various County Departments. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 8 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of Contractor’s officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor’s Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from defect. No bid will be considered unless it is accompanied by a complete list of manufacturer's catalog numbers of the items, which the bidder proposes to furnish, together with full descriptive literature on all items so enumerated. If item proposed differs from these specifications, bidder shall present specific explanation of functioning and structural characteristics for those details which differ from the specifications listed herein. SAFETY DATA SHEETS: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Safety Data Sheet for each product, which contains any substance on “The List of 800 Hazardous Substances”, published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act, California State Labor Code Sections 6360 through 6399.7.) RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the contractor in the performance of his work shall be replaced or repaired and restored to original condition by the contractor. CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 9 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the work with the County so that any interruption to the normal business operations be kept to a minimum. INSPECTION: All material and workmanship shall be subject to inspection, examination and test by the County at any and all times during which manufacture and/or construction are carried on. The County shall have the right to reject defective material and workmanship or require its correction. SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner. SAFEGUARDS: The successful bidder shall provide, in conformity with all local codes and ordinances and as may be required, such temporary walls, fences, guardrails, barricades, lights, danger signs, enclosures, etc., and shall maintain such safeguards until all work is completed. DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California. Any claim which cannot be amicably settled without court action will be litigated in the U.S. District Court for the Eastern District of California in Fresno, CA or in a state court for Fresno County. DEFAULT: In case of default by the selected bidder, the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the County. Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno. ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. OBLIGATIONS OF CONTRACTOR: Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. TIE BIDS: With all other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, the tied vendors will be granted the opportunity to submit new bids or the entire bid may be rejected and re-bid. If the General Requirements of the RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the County for the purpose of providing services must employ adequate controls and data security measures, both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the County, preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of County data including sensitive or personal client information; abuse of County resources; and/or disruption to County operations. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 10 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX Individuals and/or agencies may not connect to or use County networks/systems via personally owned mobile, wireless or handheld devices unless authorized by County for telecommuting purposes and provide a secure connection; up to date virus protection and mobile devices must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not be used (County or Contractor device) or brought in for use into the County’s system(s) without prior authorization from County’s Chief Information Officer and/or designee(s). No storage of County’s private, confidential or sensitive data on any hard-disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The County will immediately be notified of any violations, breaches or potential breaches of security related to County’s confidential information, data and/or data processing equipment which stores or processes County data, internally or externally. County shall provide oversight to Contractor’s response to all incidents arising from a possible breach of security related to County‘s confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as deemed necessary by County in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification. AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three (3) years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 11 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX BIDDER TO COMPLETE: Online Services: The County’s Sheriff’s Department would like to have the ability to perform the following actions online: Order tires, review inventory of available tires, and view tread patterns and specifications. While it is encouraged, bids will not be rejected if not available. Please specify if this is available and give a brief description of how it works. GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid only if they can guarantee delivery. Desired standard delivery for stock items is two (2) days. Desired delivery as need is two (2) hours. Enter guaranteed delivery on this line (i.e., number of days from receipt of order to delivery.) WARRANTY AND SERVICE LOCATION: State the warranty and/or guarantee provisions applicable to this equipment or attach warranty form with your bid. State specific location, where service and/or maintenance can be obtained. Failure to furnish this information will be cause for rejection of bid. ADDITIONAL ITEMS: A guaranteed percentage discount from the manufacturers enclosed price lists will be allowed on purchases of all additional items. State the name of the price list, indicate the applicable price column, give the effective date of price list, and list any applicable discounts here: Price List Price Column Effective date Discount (%) Bidders will submit any applicable price lists with bid. Prices on additional items will be based on successful bidder's firm percent discount from manufacturer's current published price list. Successful bidder will be required to file any new price list that may become effective during the life of the contract with the County of Fresno Purchasing Manager within thirty (30) days of its becoming effective. Yes, these service are available. We have an ecommerce website that would be available. We also would offer a tour of our facility and inventory. We can guarantee delivery within the requested time of 2-days. In most cases 2 hours. Manufacture workmenship to be free of defects. 2955 S. Orange Ave, Fresno, CA. 93725. We have an 80,000 SQ FT warehouse there. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 12 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX State Your Purchase Order mailing address: Fax orders to: Phone orders to: Email orders to: MINIMUM ORDER: Bidder to state minimum order quantities and charges for less than minimum order quantity (if not stated it will be assumed there are none). SUBCONTRACTORS: List all subcontractors that would perform work in excess of one/half of one percent of the total amount of your bid, and state general type of work such subcontractor would be performing. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor: 2955 S. Orange Ave, Fresno, CA. 93725 559-354-1000 jhulsey@eastbaytire.com 1 tire NA, East Bay Tire can cover all of Fresno County. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 13 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX Requested Services Provide an itemized sample invoice for charges related to the requested services. Provide attachments if necessary. A John Deere 544G is located 30 miles away and needs one Bridgestone VSW DG2 175R25 tire (part number 420387) replaced. Cost $ $ $ $ $ $ $ $ $ $ $ $ Total $ 17.5R25 Michelin X Snow +2185.60 Emergency Road Service 115.00 Tire Change 125.00 Disposal 50.00 Fuel Surcharge 15.00 Mileage 15.00 California Tire Fee 1.75 Sales tax can not be quoted due to different rate depending on location 2507.35 + tax DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 14 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX A John Deere 7700 tractor is 30 miles away and needs a 7.00/7.50R15 tube only replaced. Cost $ $ $ $ $ $ $ $ $ $ Total $ A Freightliner truck is located 30 miles away and needs one Bridgestone R280 11R22.5 front tire (part number 183819) replaced. Cost $ $ $ $ $ $ $ $ $ $ Total $ 700/750r15 Tube 42.00 emergency road service 115.00 install tube 45.00 Mileage 15.00 Fuel surcharge 15.00 232.00 Emergency Road Service 115.00 Tire Change 40.00 Disposal 12.00 Fuel Surcharge 15.00 Mileage 15.00 11r22.5 Continental HSR3 PC#05124370000 487.04 California Tire Fee 1.75 685.79 + Tax DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 15 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX A PB Loader is located 30 miles away and needs a flat repair on one 11R22.5 rear inside tire. The cause is a puncture on the tread area. Cost $ $ $ $ $ $ $ $ $ $ Total $ Emergency Road Service 115.00 Flat Repair 45.00 Mileage 15.00 Fuel Surcharge 15.00 190.00 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 16 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX INSURANCE REQUIREMENTS INSURANCE: Without limiting the County’s right to obtain indemnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Fleet Services, Attn: Ken Christiansen, 4551 E. Hamilton Ave., Fresno, CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. Certificates of insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. 22-049 Page 17 G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\22-049 TIRE SUPPLY AND SERVICES.DOCX BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. No, we will not extend contract terms to any agency other than the County of Fresno. (Authorized Signature) Title x John Hulsey General Manager DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. Error! Reference source not found. G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\VENDOR RESPONSES\BID ZIP E-RFQ #22-049\EAST BAY TIRE CO._335539\22-049 REVISED QUOTATION SCHEDULE (1)2.DOCX REVISED QUOTATION SCHEDULE County will award to up to three (3) vendors with the lowest annual total. Brand Description Size Part # Annual Qty List Price (each) Discount Unit Cost (List Price Less Discount) Extended Cost (Unit Cost x annual quantity) Camso Industrial Rib F-3 TL 14.5/75-16 2.1190.9578 5 750.00 50% 375.00 1875.00 Continental HTS60 245/75R16 04505100000 15 287.50 49% 146.62 2199.30 Continental Altimax RT43 215/70R15 15495060000 30 170.00 49% 86.70 2601.00 Continental HDR + 225/70R19.5 05224030000 30 518.59 28.5% 370.79 11123.70 Continental HDL2 11R22.5 05211220000 25 723.95 28.5% 517.62 12940.50 Continental HSR+ 225/70R19.5 05125520000 10 504.58 28.5% 360.77 3607.70 Continental HSR3 11R22.5 05124370000 10 681.18 28.5% 487.04 4870.40 Continental HSR2 12R22.5 05120880000 15 719.36 28.5% 514.34 7715.10 Michelin X Snow Plus 17.5R25 99466 10 3642.67 40% 2185.60 21856.00 Michelin XTLA Grader 17.5R25 4118 5 3070.67 40% 1842.40 9212.00 Carlisle CSL24 R1 Bias TT 14.9R28 6A06192 5 876.00 50% 438.00 2190.00 Carlisle CSL24 R1 Bias TT 18.4R38 6A06362 5 1762.00 50% 881.00 4405.00 Carlisle FSTR Radial R1-W TL 420/85R34 6A07202 5 2798.00 50% 1399.00 6995.00 Carlisle Trac Chief I3 12.5/80-18 570121 5 708.00 50% 354.00 1770.00 Continental HSR+ 225/70R19.5 05125520000 35 504.58 28.5% 360.77 12626.95 Continental HTL2 215/75R17.5 5310170000 15 433.20 28.5% 309.74 4646.10 Continental Pro Contact 215/55R16 15508160000 35 227.00 49% 115.77 4051.95 General Grabber HD 225/75R16 04507160000 40 244.50 49% 118.88 4755.20 Firestone All Traction Utility 21L24 321370 5 2390.00 50% 1195.00 5975.00 Goodyear Workhorse AT 235/70r17 480078855 25 234.80 45% 129.14 3228.50 Goodyear Adventure AT 235/75R17 758089572 205 274.85 45.5% 149.79 30706.95 General RD 11R22.5 05653170000 10 719.82 28.5% 447.19 4471.90 General HD2 11R22.5 05211770000 10 671.17 28.5% 479.89 4798.90 General HTS 245/75R17 04501840000 55 335.00 49% 170.85 9396.75 General D460 11R22.5 05210950000 70 540.00 28.5% 386.10 27027.00 General D460 11R24.5 5681100000 15 568.00 28.5% 406.12 6091.80 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. Error! Reference source not found. G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\VENDOR RESPONSES\BID ZIP E-RFQ #22-049\EAST BAY TIRE CO._335539\22-049 REVISED QUOTATION SCHEDULE (1)2.DOCX Brand Description Size Part # Annual Qty List Price (each) Discount Unit Cost (List Price Less Discount) Extended Cost (Unit Cost x annual quantity) General HS 2 11R24.5 05112020000 20 670.23 28.5% 479.21 9584.20 Goodyear Assurance All-Season 195/65R15 407-477-374 50 143.15 53.0% 67.28 3364.00 Goodyear Assurance All-Season 215/60R16 407-562-374 50 165.30 53% 76.04 3802.00 Goodyear Assurance All-Season 215/65R16 407-016-374 45 155.10 55% 85.31 3838.95 Goodyear Assurance All-Season 225/60R16 407-715-374 85 166.75 52% 80.04 6803.40 Goodyear Assurance ComfortDrive 215/55R16 413-507-582 15 182.50 45% 100.38 1505.70 Goodyear Assurance All-Season 195/65R15 407-477-374 75 143.15 45% 66.92 5019.00 Goodyear Assurance All-Season 215/60R16 407-562-374 70 165.30 53% 77.69 5438.30 Goodyear Assurance All-Season 225/65R17 407285374 85 198.70 45% 109.29 9289.65 Goodyear Dura Torque R-1 TT 18.4R34 47Q854 5 1590.00 50% 795.00 3975.00 Goodyear Eagle LS2 235/45R18 706-038-163 10 194.85 45% 107.17 1071.70 Goodyear Eagle RS-A 225/60R18 732-312-500 160 273.20 54% 125.67 20107.20 Goodyear Eagle RS-A 235/55R17 732-002-500 25 254.00 52% 121.92 3048.00 Goodyear Eagle RS-A 245/55R18 732-026-500 655 299.85 55% 134.93 88379.15 Goodyear Fortera HL 245/70R17 151-056-203 35 229.35 45% 126.14 4414.90 Goodyear Assurance All-Season 215/70R15 407783374 30 114.65 45% 63.06 1891.80 Goodyear Wrangler Fortitude 265/70R16 157-045-622 40 235.95 45% 129.77 5190.80 Goodyear Wrangler Fortitude HT 235/65R16 179-195-622 15 289.45 45% 159.20 2388.00 Goodyear Wrangler MT/R with Kevlar 265/70R17 750-152-326 30 374.95 45% 206.22 6186.60 Goodyear wrangler fortitude 245/75R16 179747622 25 299.55 45% 164.75 4118.75 Goodyear Wrangler SR-A 265/70R17 183-106-418 125 245.05 50% 122.53 15316.25 Toyo M1430 215/75R17.5 520500 15 462.00 50% 231.00 3465.00 DPT Trailer ST 205/75R15 85e210015 30 190.00 50% 95.00 2850.00 Camso Backhoe R-4 19.5Lx24 2.1243.10795 5 1500.00 50% 750.00 3750.00 Michelin Agribib Radial Tractor Tire 13.6R24 97644 5 1956.23 47% 1036.80 5184.00 Michelin Latitude Tour HP 245/60R18 43880 25 392.00 50% 196.00 4900.00 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. Error! Reference source not found. G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\VENDOR RESPONSES\BID ZIP E-RFQ #22-049\EAST BAY TIRE CO._335539\22-049 REVISED QUOTATION SCHEDULE (1)2.DOCX Brand Description Size Part # Annual Qty List Price (each) Discount Unit Cost (List Price Less Discount) Extended Cost (Unit Cost x annual quantity) Michelin XHA2 Radial Loader Tire 23.5R25 65791 5 6402.67 40% 3841.60 19208.00 Michelin XTLA Radial Loader Tire 20.5R25 09122 5 3525.23 40% 2115.20 10576.00 Uniroyal Tiger Paw AWP II 205/75R15 10183 10 148.80 50% 74.40 744.00 Toyo M137 11R24.5 547050 40 938.00 50% 469.00 18760.00 Recap – Aggressive 11R x 22.5 2 660.00 50% 330.00 660.00 Recap – Aggressive 11R x 24.5 2 700.00 50% 350.00 700.00 Recap – Aggressive 12R x 22.5 2 720.00 50% 360.00 720.00 Recap – Highway 11R x 24.5 2 640.00 50% 320.00 640.00 Subtotal (without tire fees) 488092.55 Tire Fees 4313.75 Disposal Fees 15000.00 Taxable Amount 492406.30 Tax 41263.65 ANNUAL TOTAL 548669.95 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Quotation No. Error! Reference source not found. G:\PUBLIC\RFQ\FY 2021-22\22-049 TIRE SUPPLY AND SERVICES\VENDOR RESPONSES\BID ZIP E-RFQ #22-049\EAST BAY TIRE CO._335539\22-049 REVISED QUOTATION SCHEDULE (1)2.DOCX Services for Autos and Light Duty Trucks Tire Change: (per wheel) $15.00 Flat Repair: (indicate if per wheel / unit / other) $29.00 Wheel balance: Computer spin balance (per wheel) $15.00 Alignment: Computer alignment (indicate if per axle / hour / ot $105.00 Services for Heavy Duty Trucks Tire Change: (per wheel) $40.00 Flat Repair: (indicate if per wheel / unit / other) $45.00 Wheel balance: Computer spin balance (per wheel) $18.00 Alignment: Computer alignment (indicate if per axle / hour / ot $275.00 Services for Tractors/Construction Equipment Tire Change: (per wheel) $105.00 Flat Repair: (indicate if per wheel / unit / other) $125.00 Wheel balance: Computer spin balance (per wheel) $na Emergency Road Service Regular Hours – Monday – Friday 7:00 AM – 4:30 PM (excluding County Holidays): $115.00 /hour After Hours – Any time not included above: $145.00 /hour Mileage Charge (for each mile in excess of the first 15 miles): $1.00 /hour Fuel Charge (for each mile in excess of the first 15 miles): $1.00 /hour DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF PROCUREMENT AGREEMENT NUMBER: P-22-193 May 10, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES\CONTRACTS AND AMENDMENTS\P-22-193 MASTER AGREEMENT FOR TIRES AND SERVICES.DOCX Delray Tire and Retreading, Inc.’s Response to County of Fresno Request for Quotation No. 22-049 DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF EXHIBIT C City’s Insurance and Indemnity DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF Exhibit C Insurance and Indemnity INDEMNIFICATION To the furthest extent allowed by law, VENDOR shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, VENDOR or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract. VENDOR'S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. If VENDOR should subcontract all or any portion of the work to be performed under this Contract, VENDOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. INSURANCE REQUIREMENTS (a) Throughout the life of this Agreement, VENDOR shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, VENDOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to VENDOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve VENDOR of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by VENDOR shall not be deemed to release or diminish the liability of VENDOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by VENDOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them. 1. PRODUCTS LIABILITY INSURANCE: VENDOR shall maintain, and provide the City of Fresno with verification of, manufacturer's products liability insurance policy in excess of $1,000,000 by providing a certificate of insurance on said Bid Item(s) equipment. Certificates shall be issued by an insurance company meeting the requirements to conduct business in the state of California. City of Fresno is required to be an additional insured with primary and non- contributory coverage in favor of the City on this General Liability Policy. If the scope of work includes delivery and/or installation, the requirements below apply in addition to the above requirements. Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non- owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. MINIMUM LIMITS OF INSURANCE VENDOR shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation Insurance as required by the State of California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. UMBRELLA OR EXCESS INSURANCE In the event VENDOR purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS VENDOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and VENDOR shall also be responsible for payment of any self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premium. VENDOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, VENDOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, VENDOR shall provide a new certificate, and applicable DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured all ongoing and completed operations. Additional Insured endorsements under the General Liability policy must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. (iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that VENDOR’S insurance shall be primary to and require no contribution from the City. Primary and Non Contributory language under the General Liability policy must be as broad as that contained in ISO Form CG 20 01 04 13. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. (v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (vi) All insurance policies required herein shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers. PROVIDING OF DOCUMENTS VENDOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, VENDOR shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of VENDOR shall also be required to provide all documents noted herein. SUBCONTRACTORS If VENDOR subcontracts any or all of the services to be performed under this Agreement, VENDOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, VENDOR will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. DocuSign Envelope ID: 6C2DA1CD-EE1C-41F5-B3BC-5550896D46CF