RFB26_0034.pdf

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 1 of 71

FINANCE DEPARTMENT

PURCHASING DIVISION 1111 FIRST AVENUE, COLUMBUS, GEORGIA 31901

P. O. BOX 1340, COLUMBUS, GEORGIA 31902-1340

706-225-4087 | www.columbusga.org Date: March 20, 2023

REQUEST FOR

BIDS:

RFB No: 26-0034

Qualified vendors are invited to submit sealed bids, subject to conditions and instructions as specified for the furnishing of:

TIRE LEASING SERVICES FOR METRA

(ANNUAL CONTRACT)

GENERAL

SCOPE

Provide tire leasing services for Columbus Consolidated Government Department of Transportation/METRA Transit System on an “as needed” basis.

Contract term shall be for three (3) years with no renewal options.

DUE DATE

APRIL 15, 2026 – 2:30 PM (EASTERN)

Responses must be submitted via DemandStar on or before the due date. A virtual opening will be held during the 3:00 PM hour of the due date. Responding vendors are not required but are invited to attend the opening.

If you wish to attend the virtual opening, use one of the Microsoft Teams meeting options: Click here to join the meeting or call in (audio only) +1 478-239-

0725,,855808406# United States, Macon Phone Conference ID: 855 808 406# Find a local number | Reset PIN. Note: Columbus Consolidated Government is not responsible for technical issues that may arise during the virtual opening.

BID SUBMISSION

REQUIREMENTS

See Appendix B for Submission Requirements, Submission Requirements Checklist, and DemandStar Registration and Submission Instructions.

ADDENDA

IMPORTANT INFORMATION

Any and all addenda will be posted on the Purchasing Division’s web page, at https://www.columbusga.gov/finance/Bid-Opportunities. It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a quote.

“NO BID”

RESPONSE

Refer to the form on page 3 if you are not interested in this invitation.

Andrea J. McCorvey

Purchasing Division Manager

COLUMBUS CONSOLIDATED GOVERNMENT

Georgia’s First Consolidated Government http://www.columbusga.org/ https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZDBhMjU0OWQtNzhmMC00MWI3LWFmYTUtMWE5Mzg1MjYzNjJh%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522f6bad3c9-1001-44da-acff-b25808ccd0c4%2522%252c%2522Oid%2522%253a%252231b993f8-2ba4-4447-8595-e9bd2a9237bb%2522%257d&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=EtqSxTlQyxV6y%2Fbuj7jQhhssFaCviAFruPTKL665iPk%3D&reserved=0 tel:+14782390725,,855808406# tel:+14782390725,,855808406# https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F59f93fad-7434-42f9-b866-29ac5c89c046%3Fid%3D855808406&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VVDIVins36aPwsCTcm3xO81%2FChUT7B5Np0mgAp9rAas%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F59f93fad-7434-42f9-b866-29ac5c89c046%3Fid%3D855808406&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VVDIVins36aPwsCTcm3xO81%2FChUT7B5Np0mgAp9rAas%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmysettings.lync.com%2Fpstnconferencing&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378738837%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=B3EFQGocYOaZ%2FWJeJvvy0qfiZu309O0I%2BWBqssG8iuo%3D&reserved=0 https://www.columbusga.gov/finance/Bid-Opportunities

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 2 of 71

IMPORTANT INFORMATION

e-Notification

The City uses the Georgia Procurement Registry e-notification system. You must register with the Team Georgia Market

Place/Georgia Procurement Registry to receive future procurement notifications via https://doas.ga.gov/state-purchasing/getting-started-supplier.

If you have any questions or encounter any problems while registering, please contact the Team Georgia Marketplace

Procurement Helpdesk:

Telephone: 404-657-6000

Fax: 404-657-8444

Email: procurementhelp@doas.ga.gov https://doas.ga.gov/state-purchasing/getting-started-supplier https://doas.ga.gov/state-purchasing/getting-started-supplier mailto:procurementhelp@doas.ga.gov

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 3 of 71

STATEMENT OF "NO BID SUBMISSION"

NOTIFY THE PURCHASING DIVISION IF YOU DO NOT INTEND TO SUBMIT A BID:

TO: Heather Biddle, Buyer Email BidOpportunities@columbusga.org

We, the undersigned decline to submit a bid for RFB No. 26-0034, for Tire Leasing Services for METRA (Annual Contract), for the following reason(s):

Specifications are too “tight”, i.e. geared towards one brand or manufacturer (explain below).

There is insufficient time to respond.

We do not offer this product and/or service.

We are unable to meet specifications.

We are unable to meet bond requirements.

Specifications are unclear (explain below).

We are unable to meet insurance requirements.

Other (specify below)

Comments

COMPANY NAME:

AGENT:

DATE:

EMAIL:

TELEPHONE NUMBER:

mailto:BidOpportunities@columbusga.org

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 4 of 71

GENERAL PROVISIONS

THESE GENERAL PROVISIONS SHALL BE DEEMED AS PART OF THE BID SPECIFICATIONS.

The provisions of the Procurement Ordinance for the Consolidated Government of Columbus, Georgia as adopted and amended by Council shall apply to all invitations for bids and award of all contracts and is specifically incorporated herein by this reference. A copy of the ordinance is on file in the Purchasing Division.

1. TERM “CITY”. The term “City” as used throughout these documents will mean Consolidated Government of Columbus, Georgia.

2. PREPARATION OF FORM. Bid proposals shall be submitted on the forms provided by the City. All figures must be written in ink or typewritten. Figures written in pencil or erasures are not acceptable. However, mistakes may be crossed out, corrections inserted adjacent thereto, initialed in ink by the person signing the proposal. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Failure to properly sign forms, in ink, will render bid incomplete.

3. EXECUTION OF THE BID PROPOSAL. Execution of the bid proposal will indicate the bidder is familiar and in compliance with all local laws, regulations, ordinances, site inspections, licenses, dray tags, etc.

4. BID DUE DATE. The bid submission must arrive in the Purchasing Division on or before the stated due date and time.

Upon receipt, bids will be time and date stamped. Bids will remain sealed and secured until the stated due date and time for the bid opening.

5. BID OPENING. Bids shall be opened publicly in the presence of one or more witnesses at the time and place stated in the public notice. The amount of each bid, the bidder's name and such other relevant information as the Purchasing Manager deems appropriate shall be recorded and retained in accordance with Georgia law. The record and each bid shall be open to the public in accordance with Article 3. 301A of the Procurement Ordinance (Public Access to Procurement Information).

6. LATE BIDS. It is the responsibility of the bidder to ensure bids are submitted by the specified due date and time. Bids received after the stated date and time will be returned, unopened, to the bidder. The official clock to determine the date and time will be the time/date stamp located in the Finance Department. All bids received will be time and date stamped by the official clock. The City will not be held responsible for the late delivery of bids due to the U.S. Mail Service, or any other courier service.

7. RECEIPT OF ONE SEALED BID. In the event only one sealed bid is received, no formal bid opening shall take place.

First, the Purchasing Division shall conduct a survey of vendors to inquire of “no bid” responses and non-responsive vendors.

If, from the survey, it is determined by the Purchasing Division that specifications need revision, the one bid received will be returned, unopened, to the responding vendor, with a letter of explanation and a new bid solicitation prepared. If it is determined that other vendors need to be contacted, the bid due date will be extended, and the one bid received will remain sealed until the new bid opening date. The vendor submitting the single bid will receive a letter of explanation.

If it is determined the one bid received is from the only responsive, responsible bidder, then the bid shall be opened by the Purchasing Division Manager or designee, in the presence of at least one other witness. The single bid will be evaluated by the using agency for award recommendation.

8. RECEIPT OF TIE BIDS. In the event multiple responsive, responsible bidders are tied for the lowest price and all other terms and requirements are met by all tied bidders, the award recommendation shall be resolved in the order of the preferences listed below:

1. Award to the local bidder whose principal place of business is located in Columbus, Georgia.

2. Award to bidder previously awarded based on favorable prior experience.

3. Award to bidder whose principal place of business is located in the State of Georgia.

4. If feasible, divide the award equally among the bidders.

5. If it is not feasible to award equally and only two bidders are tied, perform a coin toss in the presence of the two bidders, either in person or virtually.

6. If the above preferences are insufficient to resolve the tie, all bid responses will be rejected and the bid will be re-advertised.

9. RECEIPT OF MULTIPLE BIDS. Unless otherwise stated in the bid specifications, the City will accept one and only one bid per vendor. Any unsolicited multiple bid(s) will not be considered. If prior to the bid opening, more than one bid is received from the same vendor, the following will occur: (1) the bidder will be contacted and required to submit written acknowledgment of the bid to be considered; (2) the additional bid(s) will be returned to the bidder unopened. If at the bid opening more than one bid is enclosed in a single bid package, the City will consider the vendor non-responsive and bids will be returned to the bidder.

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 5 of 71

10. CONDITIONS AND PACKAGING. Unless otherwise defined in the bid specifications, it is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

11. FREIGHT/SHIPPING/HANDLING CHARGES. All freight, shipping, and handling charges shall be included in the bid price.

The City will pay no additional charges.

12. CORRECTION OR WITHDRAWAL OF BIDS; CANCELLATION OF AWARDS

Correction or withdrawal of inadvertently erroneous bids before bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the Purchasing Division.

After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake and the bid price actually intended.

After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident, or if the bidder submits evidence which clearly and convincingly demonstrate that a mistake was made.

All decisions to permit correction or withdrawal of bids or to cancel awards of contracts based on bid mistakes will be supported by the Purchasing Manager's written determination.

13. ADDENDA AND INTERPRETATIONS. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. The City is not bound by any oral representations, clarifications, or changes made to the written specifications by City employees, unless such clarification or change is provided to the bidders in written addendum form from the Purchasing Officer. Bidders will be required to acknowledge receipt of the addenda (if applicable) in their sealed bid proposal.

The vendor may provide an initialed copy of each addendum or initial the appropriate area on the bid form (pricing page). Failure to acknowledge receipt of the addenda (when applicable) will render bid incomplete. It is the bidder’s responsibility to ensure that they have received all addenda.

14. BID RECEIPT AND EVALUATION. Bids shall be unconditionally received without alteration or correction except as authorized in the City's Procurement Ordinance. Bids shall be evaluated based on requirements set forth in the Invitation for Bid, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation cost, and total or life-cycle costs. The specifications presented in the Invitation for Bids shall represent the evaluation criteria. No other criteria may be used to evaluate bids.

15. TIME FOR CONSIDERATION. Bids must remain in effect for at least ninety (90) days after date of receipt to allow for evaluation.

16. BID SECURITY

(1) Requirement for Bid Security. Bid security shall be required for all competitive sealed bids for construction contracts when the price is estimated by the Purchasing Manager to exceed $50,000. Bid security shall be a bond provided by a surety company authorized to do business in the State, or other form satisfactory to the City. Such bonds may also be required on construction contracts under $50,000 or other procurement contracts when circumstances warrant.

(2) Amount of Bid Security. Bid security shall be in an amount equal to at least five percent (5%) of the bid amount.

(3) Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for Bids requires security, noncompliance with such requirement shall force rejection of a bid.

(4) Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in Section 3-108 Subsection (G) (Competitive Sealed Bidding – Correction or Withdrawal of Bids: Cancellation of Awards), no action shall be had against the bidder or the bid security.

17. CONTRACT PERFORMANCE AND PAYMENT BONDS

(1) When Required: Amounts. When a construction contract is awarded in excess of $50,000, the following bonds or security shall be delivered to the City, and shall be binding on the parties upon the execution of the contract:

a. a performance bond satisfactory to the City executed by a surely company authorized to do business in the State, or otherwise secured in a manner satisfactory to the City, amounting to one hundred percent (100%) of the price specified in the contract;

and

b. a payment bond satisfactory to the City executed by a surety company authorized to do business in the State or otherwise secured in a manner satisfactory to the City, to protect all persons supplying labor and material to the contractor or its

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 6 of 71 subcontractors for the performance of the work provided for in the contract, amounting to one hundred percent (100%) of the price specified in the contract.

At the discretion of the Purchasing Manager, this same condition may be placed on awards of any amount.

(2) Authority to Require Additional Bonds. Nothing in this Section shall be construed to limit the authority of the City to require a performance bond or other security in addition to the bonds, in circumstances other than the circumstances described in Subsection (1) above.

18. SUBCONTRACTING. Should bidder intend to subcontract all or any part of the work specified, name(s) and address(es) of sub-contractor(s) must be provided in bid proposal (use additional sheet if necessary). The bidder shall be responsible for subcontractor(s) full compliance with the requirements of the bid specifications. THE COLUMBUS CONSOLIDATED

GOVERNMENT WILL NOT BE RESPONSIBLE FOR PAYMENTS TO SUBCONTRACTORS.

19. DISQUALIFICATION OF BIDDERS AND REJECTION OF BIDS. Bidders may be disqualified and rejection of bid proposals may be recommended by the City for any (but not limited) to the following reasons:

(A) Receipt after the time limit for receiving bid proposals as stated in the bid invitation.

(B) Any irregularities contrary to the General Provisions or bid specifications.

(C) Unbalanced unit price or extensions.

(D) Unbalanced value of items.

(E) Failure to use the proper forms furnished by the Consolidated Government.

(F) Failure to complete the proposal properly

(G) Omission of warranty, product literature, samples, acknowledgment of addenda or other items required to be included with bid proposal.

(H) Failure to properly sign forms in ink.

The City reserves the right to waive any minor informality or irregularity. The City reserves the right to reject any and all bids.

20. BRAND NAMES “OR EQUAL”. Whenever in this invitation any particular material, process and/or equipment are indicated or specified by patent, proprietary or brand name of manufacturer, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired by the City. It is not meant to eliminate bidders or restrict competition in any bid process. Any manufacturers’ names, drawings, trade names, brand names, specifications and/or catalog numbers used herein are for the purpose of description and establishing general quality levels. Bidders may propose equivalent equipment, services or manufacturer. Any proposal that is equivalent to or surpasses stated specifications will be considered. Determination of equivalency shall rest solely with the City. Please Note: Due to existing equipment, specific manufacturers may be required to facilitate compatibility.

21. ASSIGNMENT OF CONTRACTUAL RIGHTS. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous consent of the City and any sureties.

22. DISCOUNTS. Terms of payments offered will be reflected in the space provided on the bid proposal form. Cash discounts will be considered net in the bid evaluation process. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of the invoice, whichever is later.

23. TAXES. The City is exempt from State Retail Tax and Federal Excise Tax. Tax Exemption No. GA Code Sec. 48-8-3.

Federal ID No. 58-1097948.

24. FEDERAL, STATE AND LOCAL LAWS. All bidders will comply with all Federal, State, and Local laws and ordinances, relative to conducting business in Columbus, Georgia.

25. BID INCLUSIONS. When bid inclusions are required, such as warranty information, product literature/specifications, references, etc. The inclusions should reference all aspects of the specific equipment or service proposed by the bidder. Do not include general descriptive catalogs. References to literature or other required inclusions submitted previously does not satisfy this provision. Bids found to be in non-compliance with these requirements will be subject to rejection.

26. NON-COLLUSION. By signing and submitting this bid, bidder declares that its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the City’s bid list for one full year and any current orders will be canceled.

27. INDEMNITY. The successful bidder agrees, by entering into this contract, to defend, indemnify and hold City harmless from any and all causes of action or claims of damages arising out or under this contract.

28. DISADVANTAGED BUSINESS ENTERPRISE. Disadvantaged Business Enterprises (minority or women owned businesses) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 7 of 71 on the grounds of race, color, creed, sex, sexual orientation, gender identity or national origin in consideration for an award. It is the policy of the City that disadvantaged business enterprises and minority business enterprises have an opportunity to participate at all levels of contracting in the performance of City contracts to the extent practical and consistent with the efficient performance of the contract.

29. AFFIRMATIVE ACTION PROGRAM - NON-DISCRIMINATION CLAUSE. The Consolidated Government of Columbus, Georgia (“the City”) is committed to using Disadvantaged Business Enterprises (DBEs) (small, women-owned and minority business enterprises) to the greatest extent practical in all solicitations and day-to-day procurement needs of the City and to taking specific affirmative actions to meet these commitments.

The City has an Affirmative Action Program in connection with Equal Employment Opportunities. The successful bidder will comply with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, and will not discriminate between or among them by reason of race, color, age, religion, sex, sexual orientation, gender identity, national origin or physical handicap.

30. AWARDS TO LOCAL BUSINESSES. Except for construction contracts, Federally funded projects, Request for Proposals and Request for Qualifications, awards will be made to responsive and responsible local businesses proposing a cost not more than two percent (2%) above the low bid or quote for contracts involving an expenditure less than or equal to $50,000.00; and made to responsive and responsible local businesses proposing a cost not more than one percent (1%) above the low bid or quote for contracts involving an expenditure greater than $50,000.00.

31. RIGHT TO PROTEST.

(1) Right of Protest. Any actual or prospective bidder offeror, or contractor who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Manager initially. All protests shall be filed in the manner prescribed herein. Protests that do not comply with the following rules shall be deemed invalid and of no effect.

(2) The protest must be in writing, executed by a company officer that is authorized to execute agreements on behalf of the bidder or offeror or provided by an authorized legal representative of the protestor.

(3) A protest with respect to an invitation for Bids or Request for Proposals shall be submitted in writing no less than five (5) business days prior to the opening of bids or the closing date of proposals or qualification statements.

(4) Stay of Procurement During Protests. If there is a timely protest submitted as described above, the Purchasing Manager shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the City Council, Mayor, or City Manager makes a determination on the record that the award of the contract without delay is necessary to protect substantial interests of the City.

32. FAILURE TO BID. Vendors choosing not to submit a bid are requested to return a Statement of “No Bid”.

33. PRODUCT/EQUIPMENT DEMONSTRATION - SITE VISIT. During the evaluation of bids, the City reserves the right to request a demonstration or site visit of the product, equipment or service offered by a bidder. The demonstration or site visit shall be at the expense of the bidder. Bidders who fail to provide demonstration or site visit, as requested, will be considered non-responsive.

34. CANCELLATION PROVISIONS. An Invitation for Bid, Request for Proposal, or other solicitation may be canceled, or any or all bids, proposals or responses rejected in whole or in part, at the discretion of the City for any reason whatsoever. The reasons for the cancellation shall be sent to all businesses solicited or that responded. The notice shall identify the solicitation, give the reasons for the cancellation, and when appropriate state that an opportunity will be given to compete on any re-solicitation or similar procurement in the future. Reasons for rejection will be provided to unsuccessful bidders or offerors.

When such action is in the best financial interest of the City, contracts for supplies to be purchased or services to be rendered under an annual (term) contract basis may be canceled and re-advertised at the discretion of the Purchasing Officer and in accordance with contract terms.

After the receipt of a product or piece of equipment, it is found that said item does not perform as specified and required, payment for said product or equipment will be withheld. The successful vendor will be notified of the non-performance in writing. After notification, the successful vendor will have ten (10) calendar days, from the date of notification, to deliver product or equipment which performs satisfactorily. If a satisfactory product is not delivered within 10 calendar days, from the notification date, the City will cancel the contract (purchase order) and award to the next low, responsive, responsible bidder. The vendor will be responsible for the pick-up or shipment of the unsatisfactory equipment or product.

35. QUESTIONS: Questions concerning specifications must be submitted, in writing, at least 5 (five) working days (Monday- Friday) prior to receipt date. Questions received less than five working days prior to receipt date will not be considered.

36. SAMPLES: When samples are required to be included with the proposal response, the bidder will be responsible for the following:

1) Unless otherwise specified, bidders are required to submit exact samples of item(s) bid. Do not submit sample of “like” item(s).

2) Affix an identification label to each individual sample to include bidder’s name, bid name and number.

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 8 of 71

3) Make arrangements for the return of sample after the bid award. All shipping costs will be the responsibility of the bidder. If bidder does not make arrangements for return of sample, within 60 days after award, the sample will be discarded.

37. GOVERNING LAW: The parties agree that this Agreement shall be governed by the laws of Georgia, both as to interpretations and performance.

38. PAYMENT DEDUCTIONS: The City reserves the right to deduct, from payments to awarded vendor(s), any amount owed to the City for various fees, to include, but not limited to: False Alarm fees, Ambulance fees, Occupation License Fees, Landfill fees, etc.

39. PAYMENT TERMS: The City's standard payment term is usually net 30 days, after successful receipt of goods or services.

Payment may take longer if invoice is not properly documented or not easily identifiable, goods/services are not acceptable, or invoice is in dispute.

40. FINAL CONTRACT DOCUMENTS: If a formal contract is required as a result of the Request for Bid; the final contract shall include the following: 1) The RFB; 2) Addenda; 3) Awarded Vendors(s) Bid response; 4) Awarded Vendor(s) Clarifications; and

5) Awarded Vendor(s) Business Requirements.

NOTICE TO VENDORS

Sec. 2-3.05. - Submitting bids to Consolidated Government, etc.—By mayor or councilmembers.

Neither the mayor nor any member of the Columbus Council shall submit any bid to the consolidated government, nor shall the mayor or any member of the Columbus Council own or have a substantial pecuniary interest in any business that submits a bid to the consolidated government. (Ord. No. 92-60, 6-23-92)

Sec. 2-3.06. - Same—By members of boards, authorities, commissions.

No member of any board or authority or commission or other independent or subordinate entity of the consolidated government shall submit any bid to the consolidated government or have a substantial pecuniary interest in any business that submits a b id to the consolidated government if such bid pertains to the board or authority or commission on which such person holds such membership. (Ord. No. 92-61, 6-23-92)

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 9 of 71

DO YOU HAVE QUESTIONS, CONCERNS OR NEED

CLARIFICATION ABOUT THIS SOLICITATION?

COMMUNICATION CONCERNING ANY SOLICITATION CURRENTLY

ADVERTISED MUST TAKE PLACE IN WRITTEN FORM AND ADDRESSED

TO THE PURCHASING DIVISION.

ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION

SHALL BE SUBMITTED IN WRITING. THE CITY WILL NOT ORALLY OR

TELEPHONICALLY ADDRESS ANY QUESTION OR CLARIFICATION

REGARDING BID/PROPOSAL SPECIFICATIONS. IF A VENDOR VISITS OR

CALLS THE PURCHASING DIVISION WITH SUCH QUESTIONS, HE OR SHE

WILL BE INSTRUCTED TO SUBMIT THE QUESTIONS IN WRITING.

ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE

THROUGH THE PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT

CITY EMPLOYEES, DEPARTMENT HEADS, USING AGENCIES, EVALUATION

COMMITTEE MEMBERS OR ELECTED OFFICIALS WITH QUESTIONS OR ANY

OTHER CONCERNS ABOUT THE SOLICITATION. QUESTIONS,

CLARIFICATIONS, OR CONCERNS SHALL BE SUBMITTED TO THE

PURCHASING DIVISION IN WRITING. IF IT IS NECESSARY THAT A

TECHNICAL QUESTION NEEDS ADDRESSING, THE PURCHASING DIVISION

WILL FORWARD SUCH TO THE USING AGENCY, WHO WILL SUBMIT A

WRITTEN RESPONSE.

THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE

RESPECTIVE BIDDER OR IF IT BECOMES NECESSARY TO REVISE ANY PART

OF THIS SOLICITATION, A WRITTEN ADDENDUM WILL BE ISSUED TO ALL

BIDDERS.

THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS,

CLARIFICATIONS, OR CHANGES MADE TO THE WRITTEN SPECIFICATIONS

BY CITY EMPLOYEES, UNLESS SUCH CLARIFICATION OR CHANGE IS

PROVIDED TO THE BIDDERS IN A WRITTEN ADDENDUM FROM THE

PURCHASING MANAGER.

BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED

“QUESTION/CLARIFICATION FORM” TO EMAIL QUESTION.

ANY REQUEST, AFTER A SOLICITATION HAS CLOSED AND PENDING AWARD

MUST ALSO BE SUBMITTED IN WRITING TO THE PURCHASING DIVISION.

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 10 of 71

QUESTION/CLARIFICATION FORM

DATE:

TO: Heather Biddle, Buyer

Email: BidOpportunities@columbusga.org

RE: Tire Leasing Services for METRA (Annual Contract); RFB No. 26-0034

(Questions/clarification requests must be submitted at least five (5) business days before the due date.)

From: __________________________________

Company Name Website

Representative Email Address

Complete Address City State Zip

Telephone Number Fax Number

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 11 of 71

GENERAL SPECIFICATIONS

TIRE LEASING SERVICES FOR METRA

(ANNUAL CONTRACT)

RFB No. 26-0034

I. SCOPE

Provide tire leasing services for Columbus Consolidated Government Department of Transportation/METRA Transit System on an “as needed” basis.

Refer to page 16 for Detailed Specifications and page 21 for General Instructions.

II. VENDOR INFORMATION

Tires shall meet specifications set forth in bid. Deviation on dimensions will not be accepted.

III. FEDERAL/STATE/LOCAL GOVERNMENT PROVISIONS

By submitting a Bid, the Bidder implicitly agrees that federal, state, and local rules, regulations, and statutes will be part of the Bid Award and any contract executed as a result of this solicitation. These include, but are not limited to, the General Statutes of the State of Georgia, the federal requirements contained in the Federal Transit Administration (hereinafter called the “FTA”) Master Agreement dated October 1, 2014, as amended, including any certifications and contractual provisions required by any federal statutes or regulations referenced therein. Other federal procurement requirements in FTA Circular 4220.1F as amended are also included.

Similarly, the City’s Purchasing Ordinance, insofar as they apply to purchasing and competitive bidding, are made a part hereof.

IV. TERM OF CONTRACT

A. The term of this contract shall be for three (3) years. The City will allow for negotiating the bid price if such things as EPA, FTA or regulatory legislative guidelines are changed and bus manufacturers are required to adhere to the new regulations.

It should be noted that multi-year contracts will continue each fiscal year only after funding appropriations and program approval has been granted by the Council of the Consolidated Government of Columbus, Georgia, and Federal and State DOT contracts are awarded. In the event that the necessary funding is not approved, then the affected multi-year contract becomes null and void, effective July 1st of the fiscal year for which such approval has been denied.

B. Termination for Convenience For the protection of both parties, either party giving 30 days prior notice in writing to the other party may cancel this contract.

V. QUESTIONS / ADDENDA

Questions and requests for clarification must be submitted within five (5) business days of the due date (see pages 9 & 10). Changes to the specifications (if any) will be provided in the form of an addendum, which will be posted on the web page of the Finance Department/Purchasing Division of Columbus Consolidated Government at https://www.columbusga.gov/finance/Bid-Opportunities. It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a quote.

VI. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT/E-VERIFY

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 12 of 71

Pursuant to O.C.G.A. § 13-10-91, a public employer shall not enter into a contract for the performance of services unless the contractor registers and participates in the federal work authorization program. If a supplier is providing services under a contract with a total compensation amount of $2,500 or greater, (even if such services will be performed outside of the State of Georgia), Columbus Consolidated Government requires a notarized affidavit from the supplier attesting to the following:

(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program;

(B) The user identification number and date of authorization for the affiant;

(C) The affiant will continue to use the federal work authorization program throughout the contract period; and

(D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph.

Additional information regarding the State’s E-Verify requirements can be found at:

https://www.audits2.ga.gov/wp-content/uploads/2021/10/13-10-91.pdf. A completed, notarized E-Verify Affidavit must be included with sealed proposal; failure to do so will render the firm’s or individual’s proposal non-responsive and ineligible for award consideration.

VII. INSURANCE

The vendors shall be required, at their own expense, to furnish to the City of Columbus Purchasing Division, evidence showing the insurance coverage to be in force throughout the term of the contract. Insurance requirements are listed on the attached Insurance Checklist.

The limits shown are minimum limits. Vendor shall indicate the actual limit they will provide for each insurance requirement. The bidder shall complete the Insurance Checklist and include with bid response. Certificate of Insurance is acceptable. The Insurance Checklist will indicate to the City, the bidder’s ability and agreement to provide the required insurance, in the event of contract award.

The successful candidate shall provide the required Certificates of Insurance within 10 business days after award notification. The Certificates of Insurance will name Columbus Consolidated Government as an additional insured, as well as list the applicable project or annual contract name, and/or solicitation name and number. The Certificate of Insurance will be included with the contract documents prior to signing.

VIII. INDEMNIFICATION

The Contractor covenants to save, defend, hold harmless, and indemnify the City, and all of its officers, departments, agencies, agents, and employees (collectively the "City") from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s intentional, negligent, or grossly negligent acts or omissions in performance or nonperformance of its work called for by the Contract Documents.

IX. BID SUBMISSION REQUIREMENTS

Bid responses must be submitted via DemandStar. See APPENDIX B for: Submission Requirements; Submission Requirements Checklist; and DemandStar Registration and https://www.audits2.ga.gov/wp-content/uploads/2021/10/13-10-91.pdf

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 13 of 71

Submission Instructions.

Each bidder shall include the following information with bid submission. Bidder shall submit ONE (1) ELECTRONIC BID RESPONSE VIA DEMANDSTAR. Submissions will be deemed incomplete/non-responsive if the following required documents are not included, as prescribed within the specifications: E-Verify Affidavit, Conflict of Interest Affidavit, and Communication Concerning This Solicitation form. However, the City reserves the right to request any other omitted information, WHICH DOES NOT AFFECT THE SUBMITTED BID PRICE.

A. Bid Form (Form 1) B. Pricing Page (Form 2) C. E-Verify/GSICA Form (Refer to page 11, Section VI, regarding Form 3) D. Conflict of Interest Affidavit (Form 4) E. Communication Concerning This Solicitation (Form 5) F. Federal Compliance (Form 6) G. Sam.gov (Form 7) H. Addenda Acknowledgement Page (Form 8) Vendors must include acknowledgment of receipt of addenda (if any) in their sealed bid. Provide an initialed copy of each addendum or initial the appropriate area on bid form (pricing page). Addenda will be posted at https://www.columbusga.gov/finance/Bid-Opportunities. Vendors are responsible for periodically visiting the web page, to check for addenda, prior to the bid due date and before submitting a bid.

I. Federal Contract Clauses (Appendix A) J. Safety Certificate: Provide copy with electronic bid response.

K. Product Literature for tires to be furnished L. Contract Signature Page (Form 9) M. Insurance (Refer to page 12, section VII, regarding Form 10) N. Business License: Vendors located in Muscogee County shall submit a current copy of their

City of Columbus Business License (Occupation License). If the business is not located in Muscogee County and has proof of being properly licensed by a municipality in Georgia, and paid applicable occupation taxes in that city, the vendor will not be required to pay occupation taxes in Columbus, Georgia.

If the business location is not in Georgia, vendor must provide a current copy of their active Articles of Incorporation from the State and/or a current business license from the City/State in which business is located.

If you have questions regarding this requirement, please contact Yvonne Ivey, Revenue Manager:

706-225-3091

O. Form W-9: Complete and return Page 1 of Form W-9 (https://www.irs.gov/pub/irs-pdf/fw9.pdf)

X. AWARD / NOTIFICATION / DELIVERY / INVOICE

A. Award: This contract will be awarded in total to the lowest responsive, responsible bidder. The City will be the judge of the factors and will make the award accordingly.

Should the successful bidder not be able to supply the required services, the City reserves the right to procure from other sources.

B. Notification: After award of the bid, by Columbus City Council, the successful vendor shall receive orders on an “as needed” basis via written order.

C. Delivery: All shipping, delivery, and/or freight charges must be included in the Unit Price.

Columbus Consolidated Government will pay no additional shipping, delivery and/or freight charges. Deliveries shall be made to the following address:

https://www.irs.gov/pub/irs-pdf/fw9.pdf

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 14 of 71

METRA Transit System 814 Linwood Blvd Columbus, GA 31901

D. Invoices: After receipt of goods/services and upon satisfactory delivery, the successful vendor shall forward invoice(s) to the following address:

Invoice(s) shall reference the bid number (RFB No. 26-0034) and/or purchase order number.

Failure to reference the bid number will delay payment of the invoice.

XI. TERMINATION OF CONTRACT

Default: If the contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the Purchasing Division Director may notify the contractor in writing of the delay or non-performance and if not cured within ten (10) days or any longer time specified in writing by the Purchasing Division Director, such director may terminate the contractor's right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform.

In the event of termination in whole or in part the Purchasing Division Director may procure similar supplies or services, from other sources, in a manner and upon terms deemed appropriate by the Purchasing Division Director. The contractor shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services.

Compensation: Payment for completed supplies delivered and accepted by the city shall be at the contract price. The City may withhold from amounts due the contractor such sums as the Purchasing Director deems to be necessary to protect the City against loss because of outstanding liens or claims of former lien holders and to reimburse the City for the excess costs incurred in procuring similar goods and services.

Excuse for Nonperformance or Delayed Performance: Except with respect to defaults of subcontractors, the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms, if the contractor has notified the Purchasing Division Director within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of public enemy; acts of the City and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the contractor shall not be deemed to be in default, unless the supplies or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the contractor to meet the contract requirements.

Upon request of the contractor, the Purchasing Division Director shall ascertain the facts and extent of such failure, and, if such director determines that any failure to perform was

Columbus Consolidated Government Accounting Division P. O. Box 1340 Columbus, Georgia 31902-1340

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 15 of 71 occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the contractor's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly.

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 16 of 71

DETAILED SPECIFICATIONS

TIRE LEASING SERVICES FOR METRA

1. GENERAL CONDITIONS

A. All materials used to manufacture the tires furnished under this bid shall conform to all applicable U. S. Government, State of Georgia laws and regulations, and likewise the manufacturing of the tires furnished shall conform to all applicable Federal, State, and local laws and regulations.

B. No advantage shall be taken by the Contractor or his Sub-Contractor in the omission of any part or detail that goes to make the tires complete and ready for service.

C. The Contractor shall assume responsibility for all material and accessories manufactured by Contractor and warranties by the Contractor.

D. At present METRA Transit System utilizes 275/70R 22.5, 255/70R 22.5, 305/70R 22.5, LT225/75R 16, and 245/70R 19.5 mileage tires from Bridgestone Americas Tire Operations, LLC. If the successful bidder is not Bridgestone Americas Tire Operations, LLC the METRA Transit System will exercise the option to run-out the existing inventory.

E. Contractor shall be responsible for disposal of scrap tires supplied by Contractor at no charge to METRA.

2. PRICE FOR LEASE OF TIRES

The price quoted shall be stated on a per “Tire” mile basis for the furnishing of six (6) tires per vehicle. The same price per “Tire” mile shall also apply to mileage accumulated by recapped tires, if any.

3. RECORD KEEPING

A. The METRA Transit System shall keep all records of the mileage records reasonably required.

B. The METRA Transit System will keep the mileage record of each bus and shall furnish the Contractor with a list of each vehicle together with the monthly mileage for each vehicle at the end of each and every month during the term of the contract and such report or record will be used by the Contractor in computing the monthly statement.

C. The METRA Transit System will pay to the Contractor, the required payment due under the contract within thirty (30) days from date of invoice.

D. The Contractor will provide a monthly mileage analysis for each bus for the previous month reported. The analysis will be comprised of a complete inventory of tire locations on buses.

E. The METRA Transit System will not track brand names or numbers for the vendor.

4. TIRES FURNISHED

A. Tires furnished shall be new and all tires furnished shall meet all applicable Federal and State laws and regulations.

RFB No. 26-0034 Tire Leasing Services for METRA (Annual Contract) Page 17 of 71

B. Recap tires may be used only on the rear axle of Transit vehicles and such rear tires used shall be properly mated and in a condition suitable to METRA Transit System and such recaps shall comply with all applicable Federal and State laws and regulations.

C. The sixteen (16) Dial-A-Ride buses will run original tires at all times.

D. There are thirty-two (32) fixed route buses.

5. DELIVERY

A. All tires shall be priced with freight included and delivered to METRA Transit System. The City will not pay any additional delivery charges or fees.

B. The Contractor shall furnish an adequate number of spare tires, at a maximum level determined by Contractor.

C. Contractor will have thirty (30) days from the date of written order to deliver tires furnished under the contract.

6. STORAGE OF SPARE TIRES

METRA Transit System will furnish adequate indoor and secure storage and workspace for the storage and maintenance of tires used on its vehicles.

7. PATENTS

The Contractor shall agree to save, keep, bear harmless and indemnify METRA and all its employees or agents from damages, costs or expenses in law and equity, that may arise, for infringement of the patent rights of a third party in consequence or the use by the Contractor or by any of its employees or agents, of articles supplied under his proposal or contract, arising from bids submitted and of which the Contractor is not lawfully entitled to lease or sell. METRA will give to the manufacturer prompt notice in writing of the institution of any suit or proceeding and permit the Contractor, through his counsel, to defend, settle, or alternatively dispose of same and will give all needed information assistance and authority to enable Contractor to do so. Contractor makes no warranty and will not indemnify the METRA against infringement by reason of the use thereof, either in combination with other products or in the operation of any process or use of products other than for their intended purpose. Contractor reserves the right to modify or replace any tire alleged to constitute an infringement or to remove such product and refund the amount paid by the METRA Transit System thereof. The foregoing states the entire liability of Contractor with regard to patent liability.

8. REQUIRED PROVISION FOR CONTRACTS

Changes to any portion of this contract shall not be binding on either party except when specifically confirmed in writing by an authorized representative of both parties by way of a written amendment to this contract and issued in accordance with the provisions hereof.

9. SAFETY CERTIFICATION

The bidder will furnish written certification that the tires furnished…