B23_13 Bus Tires.pdf

BID# B23-13

Bus Tires

Date: November 28, 2023

To: All Bidders

The Forsyth County School System’s Purchasing Department would like you to supply us with a Bid for Bus

Tires. Pricing shall remain firm as per the terms and conditions of the contract. The Forsyth County School

System is tax exempt.

The Bid Opening is: # B23-13 January 4th, 2024 10:00 AM

(BID #) (DATE) (TIME)

Responses to this Request for Bid must be in a sealed envelope and must be marked with your company name, and Bid number. Please allow ample time for delivery. Bids received late will not be considered. For mailing purposes, please address to:

FORSYTH COUNTY SCHOOL SYSTEM

Brad Richardson, Director of Procurement Services

BID # B23-13

2150 Keith Bridge Rd

Cumming, GA 30040

Bid will be opened at the Forsyth County School System’s Purchasing Department located at 2150 Keith

Bridge Rd Cumming, Georgia 30040.

Respectfully, Brad Richardson

Director of Procurement Services

PURCHASING DEPARTMENT

2150 Keith Bridge Rd

Cumming, GA 30040

Phone: 770-781-6603 / Fax: 770-888-0222 www.forsyth.k12.ga.us

FORSYTH COUNTY SCHOOL SYSTEM

Purchasing Department

GENERAL TERMS AND CONDITIONS

1.0 PREPARATION OF BIDS

1.1 Bids must be on Bid Forms furnished with this Invitation to Bid. They must be submitted in a sealed envelope marked with your company name and “BID B23-13, Bus Tires” clearly marked on the outside of the envelope.

1.2 Bidders are instructed to carefully read all terms, conditions and specifications as set forth in the

Invitation to Bid. Bid forms must be completed in their entirety. Responses must be either typed or written in ink. Any correction made on the bid form (white out or strike through) must be initialed by an authorized representative of the company submitting the bid or the bid may be rejected by FCSS. Each bidder is required to furnish all information requested in the Invitation to

Bid.

1.3 Each bidder is responsible for having knowledge and understanding of any applicable State of

Georgia Code and FCSS regulations or policies pertaining to FCSS procurement.

1.4 FCSS Purchasing Regulations are hereby acknowledged understood, and agreed to by both parties and are hereby fully incorporated into the Bid and Bid Contract.

1.5 Conditional Bids- Bids that in any way qualify or vary the terms and conditions and specifications of this Bid may be considered non-responsive and disqualified from consideration of award.

2.0 COMMUNICATIONS WITH FCSS STAFF

2.1 All communications concerning this BID must be submitted in writing to the FCSS Purchasing

Department. Email to ttryan@forsyth.k12.ga.us is the preferred method of communication.

Only written questions submitted via email or fax will be accepted. No response other than written, distributed by the Purchasing Department will be binding upon FCSS. User departments may be called upon for clarification in their area of expertise at the discretion of the Purchasing

Department. Questions must be received by 5:00 P.M. December 19, 2023. Answers to questions will be posted on the purchasing webpage.

2.2 From the issue date of this BID until the completion of the selection process and the award notification is announced, bidders are not allowed to communicate with school system employees and/or contracted agents related to this BID for any reason except as authorized by the Purchasing

Department. Violation of this provision may result in rejection of the bidder’s response.

2.3 It is the vendor’s responsibility to check the FCSS Current Solicitations website for any addenda, responses to vendor questions, or other communications, which may be necessary during the solicitation period.

3.0 SUBMISSION OF BIDS

3.1 The Original and One Copy of the Bid must be received at the Forsyth County School System, Attention: Purchasing Department, 2150 Keith Bridge Rd Cumming, Georgia 30040 no later than the date and time (determined by the date/time stamp of the FCSS) set forth in the Invitation to Bid. The bids will be publicly opened and read at the time and place set forth in the Invitation to Bid.

3.2 Late bids- All bids shall be received and time stamped by the FCS purchasing department prior to the designated closing date and time. Any bid received and time stamped after the designated closing time will be deemed late and not considered for award by FCS FCS cannot be responsible for lateness of receipt due to delivery delays or mistakes made by a contracted delivery courier.

3.3 Verify your quotation before submission as it cannot be withdrawn, corrected, or altered after submission. A responsible officer or employee must sign and all obligations assumed by such signature must be fulfilled.

4.0 SPECIFICATIONS

4.1 Any deviation from the specifications must be clearly identified in a letter accompanying the bid.

The furnishing of cuts, catalogs or printed descriptions will not relieve the bidder of this requirement. FCSS shall determine in its sole discretion whether substitutions or modifications of the requested specifications are comparable to those contained within the Invitation to Bid. If

FCSS determines that the modifications or deviations from the specifications are not in compliance, the bid may be rejected.

4.2 A vendor’s failure to deliver any items/services according to specifications set forth in their bid may result in cancellation of the purchase and permanent removal from the vendor’s list. If any items do not meet these specifications, the items will be picked up at vendor’s expense and removed from FCSS property at the sole cost of the vendor.

4.3 For Goods: Manufacturers listed, as “Model Equivalence” in the Invitation to Bid is to establish the general quality required. Items of other manufacturers of equal or better specifications may be considered. The FCSS will be the sole determiner as to whether the substituted item is of equal or better specification.

4.4 If an awarded brand/model is discontinued during the award period, the awarded vendor may offer a replacement item. The replacement brand/model must meet or exceed minimum specifications listed in Bid document as well as current industry standards. Replacement units must be made available to FCSS for review and approved prior to the end of life of the awarded model. FCSS reserves the right to accept or reject the replacement item.

4.5 All products and materials furnished must comply with all applicable federal, state, and local laws, codes and regulations.

5.0 PRICES QUOTED

5.1 Prices must remain firm for a period of one year from the award date unless specified otherwise in the Special Terms and Conditions. The Forsyth County School System reserves the option to renew the bid annually if agreeable to both the successful bidder and the Forsyth County School

System. Bid may be renewed up to four times annually.

5.2 Quantities/amounts shown on the Invitation to Bid are estimates. Bidders are advised that the actual number purchased/required may vary from those on the Invitation to Bid, depending upon the needs of the FCSS and the availability of funds.

5.3 Bids that contain minimum order amounts will not be accepted unless called for in the Special

Terms and Conditions.

5.4 Pricing must be submitted on Bid Form as requested without conditions unless called for in

Special Terms & Conditions.

5.5 For Goods: Bids must include all delivery and/or installation charges. Delivery and/or installation requirements will be as specified in the Special Terms and Conditions.

6.0 SAMPLES

6.1 When required, samples must be furnished at the bidder's expense.

6.2 Samples are to be tagged or labeled as directed in the Special Terms and Conditions.

6.3 Samples not used or destroyed in testing will be returned to the bidder at bidder’s request and at bidder’s expense. If vendor does not arrange for pick-up of samples as defined in Special Terms

& Conditions, samples will become the property of FCSS.

7.0 AWARDS

7.1 The FCSS reserves the right to accept or reject any part of a submitted bid, to accept the entire bid from one bidder, to accept portions of the bid from several bidders, or to reject all bids submitted or waive any minor irregularity.

7.2 The FCSS reserves the right to award by line item, to more than one vendor, and/or to award by group or any combination thereof.

7.3 Award will be made to the lowest responsive and responsible bidder meeting all specifications and requirements. This is the bidder who submits the lowest price, whose bid meets the specifications, terms, conditions set forth in the Invitation to Bid, and who is clearly capable of delivering the product or services specified. The lowest responsible bidder will not, therefore, always be the bidder who has submitted the lowest monetary bid. Award of bids will be made in the best interest of FCSS.

7.4 Purchases by the FCSS are not subject to Federal Excise Tax or State and Local Sales Tax. No taxes should be included in this Bid.

8.0 CONTRACT

8.1 THE CONTRACT AGREEMENT MUST BE COMPLETED BY THE BIDDER AND

RETURNED WITH THIS BID IN ITS ENTIRETY.

8.2 It is understood and expressly agreed that, upon proper acceptance of any or all items by the

Purchasing Department, a contract shall hereby be created.

8.3 Failure to observe any of the general or special terms of this contract may constitute for rejection of award and removal from bidders list.

8.4 Unless otherwise stated in the Special Terms and Condition, FCSS requires that all prices quoted will be firm for 12 months from award of contract.

8.5 By signing of contract, vendor confirms responsibility as an authorized agent to sell, distribute all products and services as bid. In addition, vendor confirms ability and responsibility to provide all manufacturer warranties for the items proposed. This includes additional warranty items that may be included in the Special T&C.

8.6 Authority- Each party warrants that such party has full power and authority to enter into and perform this contract. The person signing on behalf of each party represents that person as duly authorized to enter into this contract on behalf of such party.

8.7 Choice of Law and Venue-The Laws of the State of Georgia shall govern this contract in all respects. Any lawsuit or other action based on claims arising from this contract shall be brought in a court or other forum of competent jurisdiction in Forsyth County, Georgia.

8.8 Entirety of Contract- All documents submitted in response to the BID, including any attachments and appendices are incorporated into the contract between FCSS and the Vendor and contain the entire agreement between the parties and supersedes all prior oral and written agreements and understandings between the parties with respect to the subject matter hereof. If any language of the Bid Response by the Vendor conflicts with the language of the Bid, the language of the Bid shall govern and control for all purposes, unless consented and agreed to by

FCSS in writing.

8.9 FCSS reserves the right to review and accept or deny requests for price changes due to extenuating circumstances in the economy, market place or acts of God. This option will only be exercised if it is deemed in the best interest of the FCSS.

9.0 SHIPPING

9.1 All prices are to include delivery to the location(s) specified in the Invitation to Bid or the

Purchase Order. All delivery for goods must be FOB destination, unless specified otherwise in the Special Terms and Conditions, with delivery to the location specified by the FCSS.

9.2 In the event of damage, shortage, or other loss resulting from shipment to any FCSS facility by common carrier, any claim for such damage, shortage, or other loss shall be a matter between vendor and the carrier.

9.3 FCSS reserves the right to cancel the purchase of the bid items/services and/or any other pending purchase orders to the same vendor and/or permanently remove the vendor from the vendor list if the items/services have not been delivered/completed by the specified delivery date and no written extension of such delivery date has been granted by FCSS.

10.0 INVOICING

10.1 Payment will be made by the FCSS after final delivery and acceptance of all items/services.

However, final acceptance will not be made until after inspection and approval by the FCSS authorized representative.

10.2 All accounts are paid on a current basis. Best effort will be made by FCSS to take any discounts offered; however, cash discounts will not factor into price consideration for award of contract.

Time will be computed from delivery (date of FCSS signature) at destination or from the date a correct invoice is received, if later than the date of delivery.

10.3 Invoicing Procedure- Invoices must be original. Copies or facsimiles are not acceptable.

Invoices must not be altered in any way from the original by handwriting or by machine.

Invoices will be paid within 30 days of receipt of invoice and within 30 days of notification receipt of goods or services by receipt. Computer-produced invoices are preferred. Invoices must contain the company name, the remit to address, and FCSS purchase order nu

11.0 ASSIGNMENT, DELEGATION, OR SUBCONTRACT

11.1 Except as may be specifically permitted by the Bid, Vendor shall not delegate, subcontract, assign, or otherwise permit anyone other than the Vendor personnel to perform any of the work required under this Contract, or assign any of its rights or obligations hereunder, without written consent of FCSS, which consent may be withheld at its sole discretion.

12.0 INDEMNIFICATION

12.1 The successful Vendor shall be liable for any injury, damage or loss occasioned by negligence of the successful Vendor, its agents, or any other person the successful Vendor has designated to visit

FCSS property and shall indemnify and hold harmless the Board, its officers, employees, agents, volunteers from any liability arising in the performance of this contract. Vendor’s obligation under this section shall not extend to any liability caused by the sole negligence of the FCSS, or its employees.

13.0 INSURANCE

13.1 Before performing any work on the awarded contract, the successful bidder shall procure and maintain, during the life of said contract, insurance coverage as listed below. The policies of insurance shall be primary and written on forms acceptable to the Board and placed with insurance carriers approved and licensed by the Insurance Department in the State of Georgia.

Proof of insurance must be available at the request of FCSS at any point of the evaluation process or during the life of the contract.

1. Worker's Compensation Insurance: In accordance with Georgia Code.

2. Commercial General Liability: Including but not limited to bodily injury, property damage, contractual and personal injury with limits of not less than $100,000 combined single limit per occurrence, $500,000 per project aggregate covering all work performed under this contract.

3. Automobile liability: Bodily injury and property damage including all vehicles owned, leased, hired and non-owned with limits of not less than $1,000,000 combined single limit covering all work performed under the contract. The successful bidder shall be required to list the Board as additionally insured.

4. The Board, its officers and/or officials, employees and volunteers shall be named as insured under awarded Vendor’s insurance policy for the duration of this contract.

14.0 TERMINATION

14.1 Termination-If FCSS or the successful vendor(s) wish to cancel this contract, written notice thirty (30) days in advance will be required of either party. In addition, either party may terminate the contract in the event the other party breaches any of its duties and obligations under this contract and fails to cure such breach within thirty (30) days after receiving notice specifying the breach. FCSS reserves the right to terminate without warning in the event of critical and/or material breach of contract.

15.0 ADDENDUM

15.1 Addendum(s) issued in writing during the time of solicitation will be incorporated in the subsequent contract. Vendor is responsible for checking the webpage frequently during solicitation period for any potential addendums.

16.0 SPECIAL TERMS AND CONDITIONS

Should the General Terms and Conditions be in conflict with the attached Special Terms and Conditions, the Special Terms and Conditions will control.

1.0 GENERAL

FCS is seeking a qualified vendor for the purchase and delivery of bus tires, new and retread to our transportation facilities as per the terms and conditions of the bid document. Orders will be placed on an as needed basis at quantities to be determined. Locations for delivery will be to one of the following FCS

Bus Shops:

North Bus Shop: 3710 Matt Hwy Cumming, GA 30040

South Bus Shop: 3951 Old Atlanta Rd. Suwanee, GA 30024

2.0 CONTRACT DETAILS

2.1 The intent of this Bid is to award a One-Year Contract with an Economic Price Adjustment every six months. Other than price, all other terms and conditions must be valid for one year. Initial price must remain firm for Six (6) Months from the date of award. After that time, awarded vendor may submit a request for economic price adjustments every six months if the market warrants such a request. (Vendor should submit with request for price increase documentation justifying price modification.) Consideration for price adjustment must be submitted in writing to

FCS Purchasing no later than two weeks before potential adjustment period. Failure to do so will result in forfeiture of ability to adjust price. FCS reserves the right to accept, negotiate, or reject and re-solicit, whichever is in the best interest of school system. In addition, FCS expects vendor to act in good faith and submit price decreases if supported by the market.

2.2 Products Specified- For bidding purposes, your product must meet or exceed the performance specifications of the products listed on the bid form in all “material and appreciable” aspects as determined by FCS. You are allowed to bid alternates, but alternate brands must be accompanied by product literature and specifications. FCS reserves the sole right to accept or reject any product offered.

2.3 Delivery- All prices are to be F.O.B. Destination and must include all charges for tailgate delivery to one of the FCS bus shop locations.

2.4 Quantities – Estimates provided are based on previous years of annual usage. There are no guarantees as to the quantities FCS will purchase over the contract term and therefore no liability for non-purchase.

2.5 Substitution of Products - The contract will be written to accept only the products agreed upon at award. Contractor may not substitute any product without the written consent of FCS.

Substitution without approval may result in a forfeiture of the contract.

2.6 Product Specifications- Bidders are required to submit a specification sheet for each item bid.

FCS reserves the right to request samples for evaluation from the lowest responsive bidders.

2.7 Discontinued Items - The brand offered and awarded will be the only product to be supplied. No substitutes will be allowed. In the event this particular make or model becomes discontinued, the vendor may offer a replacement for that particular item. The replacement brand/model must meet or exceed the minimum specifications of the discontinued item, must be pre-approved by FCS and offered at the same pricing structure as the original product.

2.8 The time of delivery for products may be a consideration for this bid. Vendors must state all delivery times and shall adhere to those times if awarded.

2.9 It will be the intent of FCS to award the contract in whole to one vendor as in the past, however, FCS reserves the right to award by line item, to more than one vendor and/or to award by group or any combination thereof. Award of bids will be made in the best interest of FCS.

2.10 Contract Terms- All pricing, terms and conditions shall remain firm as per the contract terms herein. In the event of default to any material element of the contract, FCS reserves the right to not consider the vendor and/or manufacturer for future solicitations and awards. In addition, breaches determined unreasonable or serious by FCS, may result in vendor/manufacturer suspension or debarment from future FCS procurement functions.

2.11 Single Point of Contact- Vendor must make available a Single Point of Contact for all aspects of the day-to-day operations of this contract. This individual must be available to take orders, check on status of open orders, manage billing/credits, and manage all customer service issues. Failure to provide a single point of contact authorized to meet this need may result in disqualification for consideration (pre-award) or termination of contract (post-award).

3.0 SPECIFICATIONS & REQUIREMENTS

3.1 All associated charges, such as delivery and pickup charges, equipment charges and mileage charges are to be included in your pricing. Tire management fees and section repair costs may be listed separately, but must be included on the Bid Form. All related pricing must be included on the Bid Form. FCS will not accept under any circumstances the addition of surcharges such as fuel or any other related costs or fees that would alter the contract price.

3.2 All items will be delivered to and picked up at one of two FCS Transportation Facilities.

North Bus Shop- 3710 Matt Highway, Cumming GA 30028

South Bus Shop- 3591 Old Atlanta Road, Suwanee GA 30024

3.3 Deliveries must be within 1 to 3 days of receipt of Purchase Order.

3.4 New Tire Specifications & Requirements

3.4.1- FCS is currently running the Continental HSR2 and General HT on new steer tires. If you are bidding a product other than these it will need to be a name brand tire such as Goodyear, Bridgestone, or Michelin and meet or exceed the product specifications and expectations of the

Continental HSR2 and General HT.

3.4.2- All new tires must have a minimum 18/32 tread depth.

3.4.3- All new tires must come with a guaranteed Mileage Warranty.

3.4.4- Warranty information may be used in award decision.

3.5 Retread Specifications & Requirements

3.5.1- Retreads will only be accepted from FCS tires. Vendor to pick-up tires to be used for recaps upon tire delivery or as needed.

3.5.2- Retread Tires must be produced by a cold cap process only. Hot-capped tires are not acceptable.

3.5.3- Generally, FCS only recaps once with the option to recap a second time at its sole discretion. Vendor should only recap once, unless specifically authorized otherwise.

3.5.4- Minimum tread depth of retread tires must be 18/32 inch with an all Highway tread pattern. Retread rubber must be made in the United States only.

3.5.5- FCSS will accept premium grade retreads only.

3.6 Tire Disposal

3.6.1- Bus tires are typically pulled at 4/32 whenever possible. Other than tires to be used in the recap process, vendor is authorized to re-use tires in its best interest in exchange for lower Tire

Management/Disposal fees to FCSS.

3.6.2- Vendor is responsible for proper disposal of all FCSS used tire in compliance with all

Federal, State, and Local laws.

3.6.3- Annually, the vendor shall provide FCS a copy of manifest or other documentation required for compliance with State of Georgia and Federal environmental rules and regulations on tire disposal for all tire disposed in the past fiscal year.

4.0 BID FORM

All bidders are required to download the corresponding bid form as a separate attachment located on the FCS purchasing webpage. Only the bid form provided will be accepted for submitting pricing on this bid. All other vendor pricing forms will not be considered for award.

THE CONTRACT AGREEMENT MUST BE COMPLETED BY THE BIDDER AND

RETURNED WITH THE BID PACKAGE.

B23-13 - CONTRACT AGREEMENT

We have carefully examined and fully understand the General and Special Terms and Conditions and related documents in providing Bus Tires to the Forsyth County School System and do agree to all terms and conditions by so signing this document.

Withdrawals, cancellations, etc., will not be accepted unless the Director of Procurement Services gives authorization. In the event bidders fail to comply, they may be removed from the vendors’ list.

Company Name Representative’s Signature

(Must be signed in ink)

Address Representative’s Name

(Please type or print)

City, State, and Zip Code E-Mail Address

Date Telephone Number and Extension

Terms (If payment terms are not indicated, Fax Number will be determined to be net 30 days).

PLEASE INDICATE YOUR LEAD TIME UPON RECEIPT OF PURCHASE ORDER:

For purposes of this solicitation, Lead Time is defined as the number of days between vendor receiving order and the good/service being “received” at FCSS location.

PRICES MUST REMAIN FIRM AS PER THE TERMS & CONDITIONS OF THE BID

Signing the Contract Agreement affirms that the original Bid document has not been altered in any way.

Upon notice of Award, this page will become the prevailing Contract Agreement between your organization and the FCSS.

VENDOR QUESTIONNAIRE

Questionnaire information will be utilized in the evaluation of this Bid. Vendors must include all information requested. Failure to do so will reflect negatively in evaluation and may result in your submission being deemed “non-responsive” and eliminated from consideration.

1. How long have you been in business?

2. Give us background information on your company, including delivery and warehousing capabilities, as well as any financial ratings available.

3. Have you done business with other school systems?

Yes No

If yes, name system and volume of business

4. Do you have a local representative in the metro Atlanta area? ____________ If Yes, please provide name and contact information:

Signature of Vendor Name of Company

Address City, State, and Zip Code

REFERENCE SHEET

References will be utilized in the evaluation of this Bid. Vendor must include all information requested.

Failure to do so will reflect negatively in evaluation and may result in your submission being deemed “non-responsive” and eliminated from consideration. It is not the responsibility of FCSS to pursue and obtain incomplete and/or inaccurate reference information, to ensure that references respond to our reference request, or to consider references not listed on this form.

1. ______________________________________________________

Company

Address, City, State, Zip Code

Telephone Number Fax Number

Name of Contact Person E-Mail Address

2. ______________________________________________________

3. ______________________________________________________