RFP-FY26 Transit Bus Tires Proposal No. FY25-04.final.pdf

REQUEST FOR PROPOSALS

FY26 Transit Bus Tires Proposal No. FY25-04

CITY COUNCIL MEMBERS

SAMMY PHILLIPS, MAYOR

JERRY BITTNER

BRIAN H. JACKSON

BOB WARDEN

ANGELIA WASHINGTON

CINDY EDWARDS

LOGAN SOSA

JOSHUA W. RAY, CITY MANAGER

RFP: FY26 Transit Bus Tires Proposal No. FY25-04 Page 2 of 29

TABLE OF CONTENTS

I. INTRODUCTION

II. PROPOSED RFP SCHEDULE

III. PROPOSAL FORM

IV. EVALUATION CRITERIA

V. PROPOSAL SUBMISSION REQUIREMENTS

VI. EXECUTION OF A CONTRACT

VII. PURCHASE ORDER TERM

VIII. TITLE VI NON-DISCRIMINATION

IX. JACKSONVILLE TRANSIT STANDARDS OF ETHICAL CONDUCT FOR PROCUREMENT 5

X. RIGHTS

XI. PROTEST PROCEDURES

A. Pre-Proposal Protests B. Pre-Award Protests C. Requirements for Protest D. Protest Response E. Review of Protests by FTA

XII. QUESTIONS

XIII. ATTACHMENTS TO THE PROPOSAL

Certification and Compliance Form Proposal Form Form A – Certification Regarding Lobbying Form B – Debarment, Suspension, Ineligibility Certification Form C – DBE Utilization Form D – Letter of Intent Perform as Subcontractor Form E – Affidavit of No Change for DBE Business

XIV. CERTIFICATION AND COMPLIANCE

PROPOSAL FORM

FORM A – CERTIFICATION REGARDING LOBBYING

FORM B – DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CERTIFICATION

FORM C – DBE UTILIZATION FORM

DBE PARTICIPATION SCHEDULE

DBE IDENTIFICATION AND INFORMATION FORM

FORM D – LETTER OF INTENT PERFORM AS SUBCONTRACTOR

FORM E – AFFIDAVIT OF NO CHANGE FOR DBE BUSINESSES

EXHIBIT A – PURCHASE ORDER TERMS AND CONDITIONS

FTA TERMS AND CONDITIONS

RFP: FY26 Transit Bus Tires Proposal No. FY25-04 Page 3 of 29

I. INTRODUCTION

The City of Jacksonville is seeking Requests for Proposals (RFP) for FY26 Transit Bus Tires Proposal No. FY25- 04 for the Transportation Department, known as Jacksonville Transit, on behalf of the Fleet Maintenance Department. The term of this contract begins July 1, 2025, and ends June 30, 2028, with two (2) additional one

(1) year options. The City will select items based upon the criteria listed in Section IV that are most advantageous to the City. The City of Jacksonville will be awarding the Purchase Order to one (1) vendor for all tires listed in this Request for Proposal (RFP).

II. PROPOSED RFP SCHEDULE

RFB Invitation Release Date/Advertisement May 7, 2025 Submission for Questions and Clarifications May 14, 2025 Response to Questions and Clarifications May 19, 2025 Submission of Sealed Proposal May 23, 2025

III. PROPOSAL FORM

The proposed price should be for the item listed or an equivalent of similar quality. The brand names listed are the only brands acceptable for that tire. If the 255/70R19.5 or 255/70R22.5 Michelin tire is unavailable, Toyo is the next acceptable brand. If the 225/75R16 Michelin tire is unavailable, General Grabber is the next acceptable brand. It is a requirement that all tires proposed be of Industrial or Professional Grade.

For all proposed items, proposals MUST list the Manufacturer, Model, Part Number, and the costs of Mount & Dismount, Wheel Refurbish W/Powder Coating, Valve Stems, and Fuel/Delivery Surcharge. No additional shipping fees will be paid. The cost proposal and the Purchase Order amount will not include Sales Tax. However, the vendor must charge 7% sales tax, which the City will pay.

The quantity below is an estimate for comparison of proposals. Deliveries MUST be scheduled. To schedule a delivery, please contact Melissa Dean:

Phone: (910) 938-6501 Email: mlscott@jacksonvillenc.gov

The vendor will be paid for actual products purchased at the price stated below. Items will be delivered to 350 C S. Marine Blvd, Jacksonville, NC 28540. Vendors must complete and sign all of the forms in Section XIV.

Certification and Compliance requirements

Product Qty 225/70R19.5 Bus Tire 80 255/70R22.5 Bus Tire Mich 90 225/75R16 Bus Tire Mich 60 Mount & Dismount 170 Wheel Refurbish W/Powder Coating 170 Valve Stems 170 Fuel/Delivery Surcharge 120

**Toyo only needed if Michelin 255 tire is unavailable for purchase** 255/70R22.5 Bus Tire Toyo 90

**General Grabber only needed if Michelin 255 tire is unavailable for purchase** 225/75R16 Bus Tire General Grabber 60

RFP: FY26 Transit Bus Tires Proposal No. FY25-04 Page 4 of 29

IV. EVALUATION CRITERIA

Each product's cost and quality will be considered part of the evaluation criteria for this procurement.

1. Cost (50%): Individual unit cost, to include shipping.

2. Quality (50%): Quality of the proposed tire will also be evaluated. Items listed shall be considered Professional or Industrial Grade tires to be able to withstand the rigors of daily commuting.

V. PROPOSAL SUBMISSION REQUIREMENTS

Sealed proposals from qualified Vendors will be received, by the City Clerk of the City of Jacksonville, at Meeting Room A, City Hall, 815 New Bridge Street, Jacksonville, NC 28540, until 11:00 AM Eastern Standard Time on Friday, May 23, 2025 at which time they will be publicly opened and read.

If the Proposal is sent by mail or other delivery system, the sealed envelope containing the Proposal shall be enclosed in a separate envelope plainly marked on the outside with the notations "PROPOSAL ENCLOSED", title of the work, Proposal number (No. FY25-04), and name of the Vendor. In order for this to be considered a responsive proposal, the proposal form must be completed, and signed then submitted in a sealed envelope.

A mailed Proposal shall be addressed to:

City Clerk City of Jacksonville 815 New Bridge Street PO Box 128 Jacksonville, NC 28541

The responsibility for submitting proposals (including all documents requested herein) is solely and strictly that of the Vendor. City of Jacksonville is not responsible for delays caused by any other occurrence.

There will be no pre-proposal meeting. Questions concerning this request for proposals shall be submitted to Melissa Scott via email at mlscott@jacksonvillenc.gov no later than 2:00 PM on Wednesday, May 14, 2025. No phone calls please. Questions received will be answered through issuance of an addendum. Questions received after this time will not be answered. Individual meetings with Vendors will not be held due to personnel workload.

VI. EXECUTION OF A CONTRACT

After the interview process (if one occurs), the Selection Committee will rank the Vendors, highest to lowest, based on the evaluation criteria. Negotiations would then begin with the highest-ranked Vendor. If negotiations fail, the City will begin negotiations with the next-ranked Vendor. The successful Vendor will then enter into an agreement with the City of Jacksonville via a Purchase Order. The City reserves the right to reject any and/or all proposals.

The Vendor agrees to accept the City’s Purchase Order by submitting a package. Furthermore, the Vendor agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances, as applicable. It is further acknowledged that the Vendor certifies compliance with all provisions, laws, acts, regulations, etc., as specifically noted herein.

VII. PURCHASE ORDER TERM

Vendor shall offer said products at the rates established during the three (3) year “Base Term”. This Contract shall continue in full force and effect unless terminated earlier as herein provided. The City will issue a new Purchase Order for all services purchased during the term of this agreement.

Wanda Wilson Is it still a one (1) year base term since they changed the agreement to a 3 year term with 2 one year renewals?

Jillian Tuccero Fixed

RFP: FY26 Transit Bus Tires Proposal No. FY25-04 Page 5 of 29

The City acknowledges that due to supply and demand, component prices may fluctuate beyond the Vendor’s control. If this should occur, the Vendor may request a price increase. The request to adjust prices should be considered from various sources, including but not limited to the “Consumer Price Index: For Motor Vehicle Maintenance and Repair (CPI-U)” and/or competitor pricing, to evaluate an appropriate percentage adjustment.

The adjustment will be calculated by subtracting the current CPI period from the previous CPI period and then dividing that sum by the previous CPI to identify the percent change. Example:

CPI for current period: 232.945 Less CPI for previous period: 229.815 Equals index point change: 3.130 Divided by previous period CPI: 229.815 Equals: 0.0136 Result multiplied by 100: 0.0136 x 100 Equals percent change: 1.4% = Price Adjustment Increase

The Purchase Order resulting from this RFP between the City and the vendor shall prohibit the vendor from assigning, subletting, or transferring the agreement, or any rights under, or interest in the agreement, without the City's written consent.

VIII. TITLE VI NON-DISCRIMINATION

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Vendors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises (DBE) will be afforded full and fair opportunity in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

IX. JACKSONVILLE TRANSIT STANDARDS OF ETHICAL CONDUCT FOR PROCUREMENT

The City of Jacksonville has adopted the Standards of Ethical Conduct for Procurement for employees involved in procurement. It is a breach of ethical standards for any City of Jacksonville employee to participate directly or indirectly in a procurement when the employee knows:

• The employee or any member of the employee’s immediate family has a financial interest or apparent financial interest pertaining to the procurement.

• A business or organization in which the employee, or any member of the employee’s immediate family, has a financial or apparent financial interest pertaining to the procurement; or

• Any other person, business, or organization with whom the employee or any member of the employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.

In addition, any person acting as a member of an evaluation committee for any procurement shall, for this procurement, be bound by the City of Jacksonville’s Standards of Ethical Conduct for Procurement. Throughout the proposal evaluation process and subsequent contract negotiations, offerors shall not discuss or seek specific information about this procurement, including but not limited to, the contents of submissions, the evaluation process, or the contract negotiations, with members of any evaluation committee, the City of Jacksonville employees, or the Jacksonville City Council, other than the designated procurement officer.

X. RIGHTS

The Jacksonville City Council reserves the right to waive any informalities, reject any or all proposals, and accept any proposal that appears to be in the Owner's best interest.

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XI. PROTEST PROCEDURES

A. Pre-Proposal Protests All protests concerning solicitation specifications, criteria and/or procedures shall be submitted in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail) to the Deputy City Manager as specified below not later than 10 business days before the deadline for submission of proposals.

Within his or her discretion, the Deputy City Manager may postpone the deadline for submitting proposals/proposals, but in any case, he or she shall provide a written response to all protests not later than five (5) business days before the deadline. If the Deputy City Manager postpones the deadline for submitting proposals/proposals as a result of a protest, the postponement will be announced through an addendum to the solicitation.

The Deputy City Manager's decision shall be the final agency decision on the matter, but it shall be subject to judicial review as set forth by the Federal Transportation Administration (FTA) below.

B. Pre-Award Protests For protests made after the deadline for submission of proposals but before the contract is awarded by the City of Jacksonville, protests shall be limited to those protests alleging a violation of Federal or State law, a challenge to the proposal’s evaluation and award process, the City of Jacksonville’s failure to have or follow its protest procedures or its failure to review a complaint or protest. Such protests shall be submitted in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail) to the Deputy City Manager as specified below, not later than five (5) business days after the Recommendation for Contract Award announcement by the Fleet Maintenance Department.

The Deputy City Manager may, within his or her discretion, postpone the contract award, but in any case, he or she shall provide a written response to all protests not later than three (3) business days before the date that Fleet Maintenance Department shall announce the contract award. The decision by the Deputy City Manager shall be the final agency decision on the matter. Still, it shall be subject to judicial review as set forth or review by FTA as specified below.

C. Requirements for Protest All protests must be submitted to the City of Jacksonville in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail), with sufficient documentation, evidence, and legal authority to demonstrate that the Protestor is entitled to the relief requested. The protest must be certified as true and correct to the best of the protestor’s knowledge and information, signed by the Protestor, and notarized. The protest must also include a mailing address to which a response should be sent.

Protests received after the deadlines for receipt of protests specified above are subject to denial without any requirement for review or action by the City of Jacksonville.

All protests must be directed in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail) to:

Deputy City Manager City of Jacksonville P.O. Box 128 Jacksonville, NC 28451 E-mail: citymanager@jacksonvillenc.gov Fax: (910) 455-6761

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D. Protest Response The Deputy City Manager shall issue written responses to all protests received by the required protest response dates. All protest responses shall be transmitted by first-class U.S. Postal Service to the address indicated in the protest letter.

For convenience, the City of Jacksonville will also send a copy of the response to a protest to the Protester by facsimile and/or electronic mail if a facsimile number and/or electronic mail address are indicated in the protest letter. The protest response transmitted by the U.S. Postal Service shall be the official Jacksonville Transit response to the protest. Jacksonville Transit will not be responsible for the protester's failure to receive the protest response via facsimile or electronic mail.

E. Review of Protests by FTA All protests involving contracts financed with federal assistance shall be disclosed to the FTA in accordance with FTA Circular 4220.1G. Protesters shall exhaust all administrative remedies with the City of Jacksonville before pursuing protests with FTA. FTA limits its reviews of protests to a grantee’s failure to have or follow its protest procedures; a grantee’s failure to review a complaint or protest when presented with an opportunity to do so;

or violations of Federal law or regulation. Appeals to FTA must be received by the cognizant FTA regional or headquarters office within five (5) working days of the date the Protester has received actual or constructive notice of the City of Jacksonville’s final decision or within five (5) working days of the date the Protester has identified other grounds for appeal to FTA.

XII. QUESTIONS

Questions concerning this request for proposals shall be submitted no later than 2:00 PM on Wednesday, May 14, 2025 to Melissa Scott via email at mlscott@jacksonvillenc.gov. No phone calls please.

XIII. ATTACHMENTS TO THE PROPOSAL

The following forms must accompany your proposal to be considered responsive:

Certification and Compliance Form Proposal Form Form A – Certification Regarding Lobbying Form B – Debarment, Suspension, Ineligibility Certification Form C – DBE Utilization Form D – Letter of Intent Perform as Subcontractor Form E – Affidavit of No Change for DBE Business

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XIV. CERTIFICATION AND COMPLIANCE

The quantities shown are estimated based on need. The minimum or maximum number of products to be purchased under this Purchase Order is not guaranteed, and the City is not obligated to purchase any products from this Purchase Order.

We hereby certify that this proposal is made in good faith and without collusion or connection with any other person proposing on it or that any official or employee of the City of Jacksonville will be admitted to any share or part of the Purchase Order or any benefit that may arise therefrom if the Purchase Order is awarded to this company.

Name of Corporation, Firm or Individual

Address

Telephone number and Fax number By:

Signature

Type or print name DATE

Title of Officer or Individual

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RFP: FY26 Transit Bus Tires Proposal No. FY25-04 Page 9 of 29

PROPOSAL FORM

Vendors will complete the work in accordance with the RFP for the following price(s) and submit the required forms listed in Section VI with the proposal.

If the 255/70R19.5 or 255/70R22.5 Michelin tire is unavailable, Toyo is the next acceptable brand. If the 225/75R16 Michelin tire is unavailable, General Grabber is the next acceptable brand It is a requirement that all tires proposed be of Industrial or Professional Grade. Please fill out the correct line item with the associated brand.

Reference No/Description Part # Quantity Unit Price Extended Price

225/70R19.5 Bus Tire 80

255/70R22.5 Bus Tire Mich 90

255/70R22.5 Bus Tire Toyo 90

225/75R16 Bus Tire General Grabber 60

225/75R16 Bus Tire Mich 60

Mount & Dismount 170

Wheel Refurbish W/Powder Coating 170

Valve Stems 170

Fuel/Delivery Surcharge 120

Subtotal:

Shipping:(If Applicable)

Tax: (7% sales tax):

TOTAL:

*If there is an arithmetic error, the unit price shall prevail

RFP: FY26 Transit Bus Tires Proposal No. FY25-04 Page 10 of 29

FORM A – CERTIFICATION REGARDING LOBBYING

(To be submitted w ith each proposal or offer exceeding $100,000) The undersigned ____________certifies, to the best of his or her knowledge and belief, that: (Contractor)

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding to any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104- 65, to be codified at 2 U.S.C. 1601, et seq .)] The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 for each such expenditure or failure.

The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Section A 3801 et seq. apply to this certification and disclosure, if any.

Date Signature of Contractor’s Authorized Official

Name and Title of Contractors Authorized Official ____________________________________________________________

Subscribed and sworn to before me this day of_______, 20 , in the State of ________________________ and the County of __

Notary Public _____________________________________

My Commission Expires ______________________________

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FORM B – DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION CERTIFICATION

LOWER TIER COVERED TRANSACTION

(To be submitted w ith all offers or proposals exceeding $25,000.)

(1) The prospective lower tier participant (Vendor/Contractor) certifies, by submission of this proposal or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) The prospective Vendor/Contractor also certifies by submission of this proposal or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(3) Where the prospective lower tier participant (Vendor/Contractor) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal or proposal.

The lower tier participant (Proposer/Contractor), , certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any.

DATE

SIGNATURE

COMPANY

NAME

TITLE ________________________________________

State of

County of ________________________

Subscribed and sworn to before me this ________ day of ________, 20________.

Notary Public

My Commission Expires __________________________

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FORM C – DBE UTILIZATION FORM

The undersigned Proposer/Contractor has satisfied the requirements of the solicitation in the following manner (please check the appropriate space):

_____The Proposer/Contractor committed to a minimum of ____% DBE utilization on this contract.

_____The Proposer/Contractor (if unable to meet the DBE goal of %) is committed to a minimum of _____% DBE utilization on this contract and submits documentation demonstrating good faith efforts.

DBE PARTICIPATION SCHEDULE

The Proposer/Contractor shall complete the following information for all DBE’s participating in the contract that comprises the DBE Utilization percent stated in the DBE Utilization Form. The Proposer/Contractor shall also furnish the name and telephone number of the appropriate contact person should the Authority have any questions in relation to the information furnished herein.

DBE IDENTIFICATION AND INFORMATION FORM

Name and Address

Contact Name and Telephone

Number

Participation Percent (Of Total

Contract Value)

Description Of Work To Be Performed

Race and Gender of Firm

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FORM D – LETTER OF INTENT PERFORM AS SUBCONTRACTOR

Contract: Name of Vendor:

FY26 Transit Bus Tires Proposal No. FY25-04

The undersigned intends to perform work in connection with the above contract upon execution of the proposal and subsequent award of contract by the City of Jacksonville as:

Name of MBE/WBE/DBE Subcontractor

Address

City State Zip Check all that apply:

☐Minority Business Enterprise (MBE)

☐Women Business

☐Enterprise (WBE) Disadvantages Business Enterprise (DBE)

The MBE /WBE /DBE status of the above named subcontractor is certified by the North Carolina Department of Transportation. The above-named subcontractor is prepared to perform the described work listed on the attached MBE/WBE/DBE Commitment Items sheet, in connection with the above contract upon execution of the proposal and subsequent award of contract by the City of Jacksonville. The above-named subcontractor is prepared to perform the described work at the estimated Commitment Total for Subcontractor Price identified on the MBE/WBE/DBE Commitment Items sheet and amount indicated below.

Commitment Total based on estimated Unit Prices and Quantities on the “attached” MBE/WBE/DBE Commitment Items sheet. Amount $

The above-named vendor and subcontractor mutually accepts the Commitment Total estimated for the Unit Prices and Quantities. This commitment total is based on estimated quantities only and most likely will vary up or down as the project is completed. Final compensation will be based on actual quantities of work performed and accepted during the pursuance of work. The above listed amount represents the entire dollar amount quoted based on these estimated quantities. No conversations, verbal agreements, and/or other forms of non-written representations shall serve to add, delete, or modify the terms as stated.

This document shall not serve in any manner as an actual subcontract between the two parties. A separate subcontractor agreement will describe in detail the contractual obligations of the vendor and the MBE/WBE/DBE subcontractor.

The above-named MBE/ WBE/ DBE subcontractor affirms that it will perform the portion(s) of the contract for the estimated dollar value as stated above.

Name of MBE/ WBE/ DBE Subcontractor Name of Vendor

Signature / Title Signature / Title

Date Date

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FORM E – AFFIDAVIT OF NO CHANGE FOR DBE BUSINESSES

I , declare that there have been no changes in (insert name of DBE firm owner) circumstances affecting its ability to meet the size, disadvantaged status, (insert name of DBE firm) ownership, or control requirements of 49 CFR Part 26 and Part 23 and 13 CFR Part 121. I further declare there have been no material changes in the information provided with application for certification, except for any changes about

(insert name of DBE firm) which I have proved written notice to pursuant to 49 CFR part 26.83(i).

(insert name of home state) I declare that I am socially disadvantaged because I have been subjected to racial or ethnic prejudice or cultural bias, or have suffered the effects of discrimination, because of my identity as a member of one or more of the groups identified in 49 CFR Part 26.5, without regard to my individual qualities. I further declare that I am economically disadvantaged because my ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to other sin the same or similar line of business who are not socially and economically disadvantaged.

In addition, I specifically declare that continues to meet the Small

(insert name of DBE firm) Business Administration (SBA) business size criteria and the overall gross receipts cap of 49 CFR Part 26 and Part

23. I specifically declare that average annual gross (insert name of DBE firm) receipts (as defined by SBA rules) over the previous three fiscal years do not exceed

. I provide the attached size and gross receipts documentation to (insert dollar amount/no. of employees) support this declaration (i.e., Federal personal and business taxes).

I declare under penalty of perjury that the foregoing is true and correct.1

Executed on

Signature

1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.

Section 1001 (False Statements) and could subject you to fines, imprisonment or both

RFP: FY26 Transit Bus Tires Proposal No. FY25-04 Page 15 of 29

EXHIBIT A – PURCHASE ORDER TERMS AND CONDITIONS

By acceptance of this purchase order, the vendor or contractor (referred to as the seller), declares that the supplies, materials, equipment, apparatus, or services will be furnished according to the following terms and conditions:

• QUESTIONS CONCERNING THE PURCHASE ORDER: Contact the Ship to Department shown.

• PURCHASE ORDER NUMBER: The purchase order number must appear on all invoices, packing slips, correspondence, and bills of lading.

• PRICE: All goods and/or services must be billed to the City of Jacksonville (City) at prices and quantities not to exceed those stated on the purchase order. All invoices, packages, shipping notices or the like affecting this order shall contain the applicable purchase order number. All prices are quoted F.O.B. Destination unless specifically indicated otherwise.

• INVOICES: Invoices for partial shipments will be accepted and final invoices should indicate completion of order. All invoices are to be mailed to City of Jacksonville, Attn:

Accounts Payable, PO Box 128, Jacksonville, NC 28541.

• CASH DISCOUNTS: All cash discounts will be effective from the date of actual receipt of a correct and approved invoice by the ordering department.

• PAYMENT TERMS: The City agrees to pay all approved invoices Net Thirty (30) days from the date received and approved. The City does not agree to the payment of late charges or finance charges assessed by the seller for any reason. Invoices are payable in U.S. funds.

• TAXES: The City is NOT Sales Tax-Exempt. Prices shown on the City’s purchase orders do not include tax; however, all applicable taxes shall be paid by the City. Seller shall itemize taxes on the seller’s invoice. It should be noted that the City is exempt from Federal Excise Tax except as required to be paid by law.

• AGREEMENT TERMS: Absent a negotiated contract, this purchase order is limited to the terms and conditions contained on the face and back hereof. Any additional or different terms in the Seller’s form are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. All delivery of goods and/or services shall conform to specifications, price, terms and conditions as set forth in this instrument. This purchase order including all contracts, references and/or insertions, with the stated terms and conditions thereon shall constitute the complete agreement between the City and the Seller. The terms and conditions of this order shall not be modified by any verbal understanding and shall only be binding if agreed to in writing by the City.

• DELIVERY/ACCEPTANCE OF GOODS: All quotations are solicited on a delivered price basis. When the City accepts a quotation not including all shipping charges, your claim for reimbursement must be itemized on the invoice and supported with a copy of the original freight bill. The packing list shall be enclosed in each box or package. All items shall be prepared and packed for shipment in a manner that will prevent damage in transit. All deliveries on this order must be in full accordance with specifications, properly identified with the purchase order number and must not exceed the quantities specified. The City shall have the right to inspect and test all items supplied under the order before making acceptance. Risk of loss and title to all goods received shall remain with the Seller until the City has made acceptance. Rejected goods shall be returned to the Seller at Seller’s risk and expense. Payment for supplies shall not constitute acceptance and is without prejudice to claims that the City may have against the seller.

• SERVICES PERFORMED: All services rendered under this agreement will be performed at the Seller’s own risk and the Seller expressly agrees to indemnify and hold harmless the City, its officers, agents, and employees from any and all liability, loss or damage that they may suffer as a result of claims, demands, actions, damages or injuries of any kind or nature whatsoever by or to any and all persons or property.

• INSURANCE: This purchase order shall be considered a written contract and requires the City to be endorsed as additional insured for General Liability, Automobile Liability, and Umbrella Liability Insurance Policies at the levels required by the City’s Purchasing Policy or contract documents. Contractor shall maintain at its own expense (a) Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence limit/$2,000,000 aggregate limit for bodily injury, property damage, or personal injury; (b) Professional Liability Insurance in an amount not less than $1,000,000 per occurrence (if providing professional services); (c) Worker's Compensation Insurance as required by the State of North Carolina General Statutes; (d) Commercial Automobile Insurance applicable to bodily injury and property damage covering all owned, non-owned, and hired vehicles, in an amount not less than $1,000,000 combined single limit. Negotiated written contracts may require additional insurance coverage. A Certificate of Insurance shall be furnished prior to the commencement of services. The Certificate Holder shall be: City of Jacksonville, Attn: Finance Dept., 815 New Bridge Street, Jacksonville, NC 28540.

• APPLICABLE LAWS: By acceptance of this order, seller represents that the goods covered by this order are in full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage by reason of seller’s violation of any laws.

• E-VERIFY: North Carolina General Statute §143-133.3 prohibits the City from entering into contracts with contractors and subcontractors who have not complied with the requirement of Article 2 of Chapter 64 of the North Carolina General Statutes. Contactor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if contractor utilizes a subcontractor, contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

• CANCELLATION: The City reserves the right to cancel this order, or any part thereof, at any time without penalty. Such cancellation may be based upon failure of the seller to comply with the terms and conditions of this transaction, failure to perform the work with promptness and diligence, failure to make shipment within the time specified or for any other reason which causes the seller not to perform as agreed.

• WARRANTY: The seller expressly warrants that goods, covered by this order will conform to the specifications, drawings, or samples furnished by the City and shall be free from defects in material and/or workmanship and shall be merchantable. This warranty shall survive any inspection, delivery acceptance, or payment by the City. The seller also warrants that the goods do not infringe any patent, registered trademark or copyright and agrees to hold the City harmless in the event of any infringement or claim thereof. Additionally, seller warrants that the goods are free and clear of all liens and encumbrances and that seller has a good and marketable title to the same.

• HAZARDOUS CHEMICALS: The seller shall ensure that each container of a hazardous chemical is labeled, tagged or marked with information required by OSHA’s Hazard Communication Standard, Department of Transportation requirements, and any applicable EPA requirements.

• MATERIAL SAFETY DATA SHEETS (MSDS): The seller shall ensure that the City is provided an appropriate current MSDS with or prior to the initial shipment of a hazardous chemical, and with or prior to the first shipment after the MSDS is updated.

• NON-DISCRIMINATION: The City does not discriminate on the basis of race, color, sex, national origin, religion, age or disability. Any contractors or vendors

• who provide services, programs or goods to the City are expected to fully comply with the City’s non-discrimination policies.

• VERBAL AGREEMENT: The City will not be bound by any verbal agreements.

• INDEPENDENT CONTRACTOR: It is mutually understood and agreed the seller is an independent contractor and not an agent of the City, and as such, seller, his or her agents and employees shall not be entitled to any City employment benefits, such as but not limited to vacation, sick leave, insurance, worker’s compensation, pension or retirement benefits.

• GOVERNING LAW: All terms and conditions shall be interpreted in accordance with the laws of the State of North Carolina. Any legal actions arising from default of this contract shall be brought only in the County of Onslow, State of North Carolina.

• NON-APPROPRIATION OF FUNDS: The Budget Officer of the City of Jacksonville shall in the initial proposal for each of the City’s annual budgets include the amount of all payments and estimated additional payments coming due during the Fiscal Year to which such budget applied. Notwithstanding that the Budget Officer has included such an appropriation for all required payments in a proposed budget; the Governing Board may determine not to include such an appropriation in the City’s final budget for such fiscal year. It is hereby agreed that the City of Jacksonville will not be in default if the Governing Board elects not to include an appropriation for the Payments and will not be required to pay the balance of the payments, provided that the City of Jacksonville has used its best efforts to obtain the necessary funding that and that the equipment leased is not replaced with like kind equipment.

• No Weapons: There shall be no weapons or guns allowed on City property or private property you are contracted to work at or on.

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FTA TERMS AND CONDITIONS

ACCESS TO RECORDS AND REPORTS

1. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third-party Contracts of any type, and supporting materials related to those records. (a) A proposal guarantees from each vendor equivalent to five percent of the proposal price. The "proposal guarantee" must consist of a firm commitment such as a proposal bond, certified check, or other negotiable instrument accompanying a proposal as assurance that the vendor will, upon acceptance of the proposal, execute such contractual documents as may be required within the time specified.

2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337.

4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractor’s access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

AMERICANS WITH DISABILITIES ACT(ADA)

The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

CARGO PREFERENCE REQUIREMENTS

The contractor agrees:

a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.

b. to furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in 46

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CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

CHANGES TO FEDERAL REQUIREMENTS

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and

Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency.

The following applies for contracts of amounts in excess of $150,000:

Clean Air Act The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Federal Water Pollution Control Act The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

CIVIL RIGHTS LAWS AND REGULATIONS

The following Federal Civil Rights laws and regulations apply to all contracts.

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.

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1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

a. Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation), disability, or age, and prohibits discrimination in employment or business opportunity.

Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§ 2000e, Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21, and 49 U.S.C. § 5332, prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin.

2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Equal Employment Opportunity. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C.§ 2000e et seq., Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; and Federal transit laws at 49 U.S.C.