Loading...
R-2019-0040 - 1/24/2019 RESOLUTION NO. R-2019-0040 WHEREAS, the City of Round Rock ("City") desires to purchase tires and related services needed for the maintenance of City owned vehicles, and WHEREAS, the City is a member of the Buy Board Cooperative Purchasing Program ("Buy Board"), and WHEREAS, Goodyear Tire and Rubber Company is an approved vendor of the Buy Board, and WHEREAS, the City desires to purchase certain goods and services from Goodyear Tire and Rubber Company through Buy Board,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for the Purchase of Tires with Goodyear Tire and Rubber Company, a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2019. CRAIGORG , Mayor City of ound R ck, Texas ATTEST: Wk / - SARA L. WHITE, City Clerk 0112.1902;00416148 EXHIBIT „A„ CITY OF ROUND ROCK AGREEMENT FOR THE PURCHASE OF TIRES WITH GOODYEAR TIRE AND RUBBER COMPANY THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS Agreement for the purchase of tires and related services needed to maintain City of Round Rock owned vehicles (referred to herein as the "Agreement"), is made and entered into on this the day of the month of , 2018, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City") and GOODYEAR TIRE AND RUBBER COMPANY, whose offices are located at 200 Innovation Way, Akron, Ohio 44316(referred to herein as the "Vendor"). RECITALS: WHEREAS, City desires to purchase tires and related services needed for the maintenance of City owned vehicles; and WHEREAS, City is a member of BuyBoard Cooperative and Vendor is an approved BuyBoard vendor; and WHEREAS,the City desires to purchase certain goods and services from Vendor through BuyBoard Cooperative Contract No. 553.18 to receive pricing and services as set forth herein; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified services and Vendor is obligated to pay for said services. The Agreement includes any exhibits, addenda, and/or amendments thereto. 00413527'ss2 B. City means the City of Round Rock, Williamson and Travis Counties,Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. 2.01 EFFECTIVE DATE; TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect, unless and until it expires by operation of the term stated herein, or until terminated as provided herein. B. The term of this Agreement shall be from the effective date of the Agreement until February 28, 2021. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement, with or without cause, or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the goods and services as outlined in Exhibit "A," attached hereto and incorporated herein by reference. The goods and services which are the subject of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are hilly a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED; SCOPE OF WORK When taken together with the appended exhibit, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Vendor shall satisfactorily provide all goods and services described under the attached .Exhibit "A" at the sole request of the City. Vendor provide goods and services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 5.01 COSTS A. City agrees to pay for goods during the term of this Agreement at the pricing set forth in Exhibit"A." B. The City shall is authorized to pay the Services Provider an amount not-to- exceed One Hundred Ninety Thousand and No/100 Dollars ($190,000.00) per year for a total not-to-exceed amount of Three Hundred Eighty Thousand and No/100 Dollars ($380,000.00) for the term of this Agreement. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received or services provided; and A. Delivery or performance dates. 7.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the perfonnance and/or deliverables or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, a subcontractor or supplier about the goods delivered or the service performed that cause the payment to be late; or 3 B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with:federal funds; or C. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or B. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Service Provider, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Service Provider's charges. 11.01 ORDERS PLACED WITH ALTERNATE SERVICE PROVIDERS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products or services from another supplier or suppliers. 12.01 INSURANCE Vendor shall meet all requirements required by the City as set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. 13.01. CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Chad McDowell Director of General Services 220 Commerce Cove Round Rock, Texas 78664 (5 12) 341-3191 cmcdoc vell<<t�roundrocktexas.got 4 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in fixture bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in frill when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance"section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten(l0) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the perf'onnance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor 5 shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17,01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Service Provider, or Service Provider's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.01 COMPLIANCE WITH. LAWS, CHARTER AND ORDINANCES A. Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. B. Vendor acknowledges and understands that City has adopted a Storm Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14- 1.52 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination System (TPDES). The Vendor agrees to perform all operations on City-owned facilities in compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good housekeeping practices and any facility specific stormwater management operating procedures specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable TCEQ Total Maximum Daily Load(TMDL) Requirements and/or I-Plan requirements. C. In accordance with Chapter 2270, 'Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott Israel at any term of this Agreement. 6 19.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 20,01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: The Goodyear Tire and Rubber Company 200 Innovation Way Akron, Ohio 44316 Notice to City: City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round .Rock,TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.0.1 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 7 23.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 25.01 MISCELLANEOUS .PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and. that such services, responsibilities and duties shall be performed in a maimer according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Service Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. 8 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock,Texas Goodyear Tire and Rubber ompany SIGN By: By: �`� ,• � ., !`�M✓ HERE Printed Name: _ Printed Name: Gerald F. Pa_vn_e Title: _ Director Sales and Operations Date Signed: Title: Goodyear commercial Tire&Service Centers Date Signed: Attest: By: ...__......... _.. Sara White, City Clerk For City,Approved as to Form: By: Stephan L. Sheets, City Attorney 9 Exhibit "A" 01 YEA GOOD; JWR COMMERCM TIRE&SERVICE CENTERS October 2, 2018 Yvonne Hopkins, CTPM Purchaser,Finance Department City of Round Rock 221 East Main Street Round Rock,TX 78664 Subject: Purchase Agreement for Tire Purchases based upon BuyBoard Contract.553-18 Dear Ms. Hopkins: Goodyear CT&SC and its location in Round Rock,TX are pleased to respond to your request to make a purchase agreement based upon Goodyear's Contract 553-18 with The Local Government Purchasing Cooperative ("BuyBoard ").This contract is a three-year agreement, expiring on February 28, 2021. The products we listed on the price proposal spreadsheet you had sent to us are Goodyear manufactured products for Lines#1 to#15; Goodyear manufactured equivalent products for Lines#17 to#21 and Lines#41 to #44; Goodyear manufactured precure retreads for Line#48, made with Goodyear manufactured materials, utilizing Goodyear proprietary deigns in retread plants approved under the Federal Government's Cooperative Plant Quality Certification process; and, All other lines are tires we offer to our customers, which are not manufactured by Goodyear but are sourced through a third-party tire broker. Please note that the Goodyear CT&SC sales location in Round Rock,TX, beyond selling tires, does engage in performing the related labor services to mount,dismount or repair of such tires, tire wheel refurbishment and 24/7 emergency tire road service.These services may be on-site for City of Round Rock or, at our facility in Round Rock,TX. Please attached the following documents: • The Price List BuyBoard "Vendor Contract Information", Contract 553-18 200 Innovation Way,Akron,Ohio 44316 Telephone:330-786-3782 Facsimile: 330-796.4276 Page 1 Exhibit "A" Goodyear appreciates the City of Round Rock's offer and please contact me or Mr.Jason Stine of this office(330-796-9489)with your questions. Sincerely, ............. Richard J. Bevington Fleet Solutions Manager Goodyear Commercial Tire&Service Centers On behalf of Brent B. Strandberg General Manager Operations Goodyear Commercial Tire&Service Centers Attachment: - Cover letter for Price Agreement for Tire Purchases based upon BuyBoard Contract 553-18 - BuyBoard "'Vendor Contract Information", Contract 553-18 CC: Risk Management Legal Goodyear CT&SC—Round Rock,TX PEG 200 Innovation Way,Akron,Ohio 44316 Telephone-330-796-3782 Facsimile: 330-796-4276 Page 2 City of Round Rock Price Sheet The Goodyear Tire&Rubber Company Buy Board Contract Al 663-19 The City of Round Rock would like to enter into an agreement with The Goodyear Tire&Rubber Company per the terms of Buy Board cooperative Contract No.55349.The City intends to purchase from this agreement Tues and Tire Related Services as needed to maintain the City vehicles in an amount not to exceed$190,000 per year for a total not to exceed amount of $570.000.Once executed,the agreement expiration date will be 0212812021. Special Instructions: The City reserves the right to order more or Dass then the quantities listed below.Please sign and return with a copy of a current pride list or catalog. Eaffimated Annual UMN Part Number Description Quantity Unit Price %off of catalog Goodyear Tires Goodysar Product Codas 1 1491961 TIRE:11822.5 GY R268 RSA 16PL 138179674 10 5315.00 Per Contrad 553-19 2 15013461 TIRE:P226MOR16 GY Eagle RSA 97V 732354500 6 $90.00 Per Contract 553-19 3 15030506 TIRE:LT225175R16 GY 6IL HT LOAD RANGE E 744830M 2 $111,00 Per Contract 553-19 4 5501246 TIRE.P235J55R17 GY EaWe RSA 98W 732002500 132 $105.00 Per Contract 553-19 5 1601444 TIRE.P225ROR15 GY WRANGLER SR-A OWL 183482418 2 $9005 Par Contract 553.19 6 1501921 IRE•ST225175R15 GY MARATHON TRAIL TTC06 7621472406 2 $6778 ParCoritract 553.19 7 1502336 TIRE.P235165R17 GY AS SUR FUELMAX 103HTL 738317571 2 32.13 Per Contract 553-19 8 1502497 TIRE:235M5R18 GY ASUR CS FM 100V 755339383 12 $125.50 Per Contract 553-19 9 1502621 TIRE.245I55R18 GY EAG RSA 103V 732026500 112 $134.09 Per Conlrett 553-19 10 1502617 TIRE:235175R17 GY WRL AT ADV 109T 758089572 7 $132.24 PerContnm3 553-19 11 1503099 TIRE:ST205175R14GY ENDURANCE ST 08 724VA519 2 $9625 Per Contract 553-19 12 1503101 TIRE'ST2V-475R15 GY ENDURANCE 2560 LB 724661519 54 $97.90 Per Contract 553-19 13 1503103 TIRE:235€801116 GY ENDURANCE ST 10 724858519 6 $132.55 Per Contract 553-19 14 1503907 TIRE:P265160R17 GY Ea&RSA 732523500 108 $116.00 Per Contract 553-19 15 1491346 TIRE.225170R19.5 GY G647 RSS 139172053 46 $240.79 Per Contract 553-19 Description-Other Tire Brands Description-Goodyear Tire Equivalent Esthmited Annual (currently used by the Clty) (quote If available) Quantity Unit Price %off of catalog Available from 3rd party supplier-Pneas quoted 16 1150727 TIetE:2cxic�.cx�1a TURF SAVER 04 Available NET 7 $78.00 Not 17 000179 TiRE'LT2351858161E FS TRANSFORCE AfT'2 BW WRLAT Adventure 748745572 12 $167.23 45 18 0302-1016 TIRE.BS.T30-EVO 170 OZR17 PO MOCY de Tire 5 No Bid 19 097759 TIRE:P23W7OR16XL FS DEST LE2 SL Assurance All Season 407866374 22 $82.39 47 20 097776 TIRE;P235GOR17 FS DEST LE WRL Fortitude HT 157078622 12 $173.15 1 45 1 City of Round Rock Price Sheet The Goodyear Tire S Rubber Company Buy Board Contract#553-19 The City of Round Rock would like to enter into an agreement with The Goodyear Tire&Rubber Company per the terms of Buy Board cooperative Contract No.553-19.The City intends to purchase from this agreement Tires and Tire Related Services as needed to maintain the City vehicles in an amount not to exceed$190,000 per year for a total not to exceed amount of $570,000.Once executed,the agreement expiration date will be 02/28/2021. Special instructions: The City reserves the right to order more or less then the quantities listed below.Please sign and return with a copy of a current price list or catalog. Estimated Annual Un'e# pare Number Description Quantity Unit Price %oft of cats Goodyear Tires G oe+8yaar Product Colica Goodyear 111T ASSURANCE CS FUEL MAX SL 21 097844 TIRE:1225WGR16 FS LEST LE2 1755276383 2 $106.21 45 22 102-8412 TIRE`BS.T30•GT 120/10XR18 PO MOCY Riot.. c3a Tire 3 No Bid Available cram 3rd party supptiar-Prices quoted 23 1150746 TIRE:16x6.50-8 CARLISLE OR TORO 30626 aro NET is $19.00 Net Description-Other Tire Brands Description-Goodyear Tire Equivalent Estimated Annual (currently used by the City) (quote If available) Quantity Unit Price %oft'of cataW Available fresco 3rd party suppllar-Paces quoted 24 1150750 TIRE:1W.50-8 CARLISLE TURF MASTER 4PLY aro NET g $29,00 Net Available from 3rd party suppiar-Prices quoted 25 1150757 TIRE:24x12.00-12 CL TURF MASTER 04 are NET 2 $9700 Net Available from 3rd party supplier-Prices quoted 26 1150803 TIRE•23x8.50-12 CARLISLE TURF MASTER 4PL are NET 14 $90.00 Nat Available from 3rd party supplier-Prlcss quoted 27 1150805 TIRE:$8x6.50-8.CARLISLF TURF SAVER.TL are NET 2 $43.00 Net Avalabla from 3rd party supplier-Prices quoted 26 1150$31 i TIRE,20x10 8 CL TURF MASTER TL 04 are NET 2 $38.00 Net Availabla Iran 3rd party supplier-Prices quoted 2S 1150817 TIRi=`22x1 t 8 KNOBBY(CARLISLE) are NET 5 $41.00 Nat Available from 3rd party supplier-Primas quoted 30 1150837 TIRE:22.5x10-8 FIELD TRAX 3 are NET 2 S78.00 Not Available from 3rd party supplier-Prices quoted 31 115e0853 TIRE,20.5x8.0-10 CL LISA TRAILER TL 10 are NET 8 $73.00 Not Available from 3rd party supplier-Prices quoted 32 115$0857 TIRE:22x9.50-10 TURF TRAC 04 are NET 4 $14.00 Net Available from 3rd party supplier-Prices quoted 33 115(#877 TIRE;18x8.50-1€3,1.13. are NET 2 $37.00 Nat Available from 3rd party supptlar-Prices quoted 34 1150885 TIRE.250 1.0G-12 CARLISLE ALL TRAIL II are NET 2 $66.0€0 Net Available from 3rd party supplier-Prices quoted 35 11M890 TIRIr 24x12.00-10 CARLISLE TURF TFtAC are NET 2 5510.00 Nat Avaiiabta from 3rd party supplier-Pries quoted 36 1150972 TIRE•24x10.50-10 GATOR aro NET 2 $76.00 Net Available from 3rd party supplier-PrtcaS quoted 7 115103$0 TIRE ST205/90t315 SPORT TRAIL 06 2600 LS ars NET 12 $107.00 Nat Available Iron 3rd party supplier-Prlms quoted 38 1151053 TIRE:25x9.00.12 CL ALL TRAIL 11 04 am NET 5 5125.00 Not Available from 3rd party supplier-Prices quoted 39 1701263 IRE 4 8014. [3EESTt3NE IN 06 Available NET 2 $18.00 Net Available from 3rd party supplier-Pooss quoted 40 1704747 TtRE;5T225190D16 SAMSON RE233 TRL 10 am NET 63 $130.00 Net 2 City of Round Rock Price Shoot The Goodyear Tire&Rubber Company Buy Board Contract Al 663-19 The City of Round Rock would like to enter into an agreement with The Goodyear Tire&Rubber Company per the terms of Buy Board cooperative Contract No.553-19.The Uy intends to purchase from this agreement Tires and Tire Related Services as needed to maintain the City vehicles in an amount not to exceed$190.000 per year for a total not to exceed arriount of S570,000.Once executed,the agreement expiration date will be 02/2&2021. Special Instructions: The City reserves(he right to order more or less then the quantities listed below.Please sign and return with a copy of a current price fist or catalog. Llrta# Part Number Description Estimated Annual Goodyear Tires Goodyear Product Cod*s Quantity Unit Price %off of catalog 41 189769 ITIRE.*LT2458SR16 FS TRANSFORCE HT WRL Fordtude HT 157059620 2 $114.85 451 42 191316 TIRE:LT245170R 17 FS TRNSFORCE HT WRL Fcwtitude HT 157172620 30 $127.80 451 43 200I56 TIRE;LT26690R17 FS TRANSFORCE HT WRL Fortitude HT 157042622 2 $116.36 43 L 44 207483 ITIRE.LT245175R 17 FS TRANSFORCE HT OV& WRL FarUtude HT OV%A-TL 157060620 43 $127.80 45 1 46 310931 T1RE;aS.120J70ZR17,R0ADSMART 1148MW)PD 2 No Bid 46 310943 TIRESSASW55Z1117.110ADSMART III(BMVV)ISD 4 No Bid 47 63-211 TIRE.2012.00-12(OLDER SCAG) 2 No SW 48 RECAP111122,5 TIREMR22.5 RECAP Good vevPre=eG16722.254086702 53 1 5190.00 641 49 117-2901 TIRE;23x10 50-12 TORO 31201.31253N) 1150803 6 _17$92.00 Net City of Round Rock Price Sit The Goodyear Tire S Rubber Company Buy Board Contract#553-19 The City of Round Rock would Eke to enter into an agreement with The Goodyear Tire&Rummer Company per the terms of Buy Board cooperative Contract No.553-19-The City Intends to purchase from this agreement Taus and Two Related Services as needed to maintain the City vehicles in an amount not to exceed$190,000 per year for a total not to exceed amount of $570,000.Once executed,the agreement expiration date will be 02/28/2021. Special instructions: The City reserves the right to carder more or less then the quantities listed below.Please sign and return with a copy of a current price fist or catalog. Erl 0mated Annual Line# Part Number Description Quantity Unit Price %off of catal Goodyear Tires Goodyear Product Codas H QWV Labor hoot kyr a nstallationtrepair services of tares and related equgxmrit and products ordered frorn 5991per hour,plus strap Supplies.and Fuel Goodyear Auto Service Center 1709 Royston Ln Round surcharge where sppkcaWe. Rode Texas lnformsti!on On %Off Factor %On Factor It+lrlas Group 79tlti Pokes Auto 61.5% 48AG% Mdaa Grmip 7926 Auto sdia 47% 63% #!kiss Group 7941 Light Trick Racily 46% 66% Mae Group1170 Unlatsal RLT 01139 63% 47% Mdse Group 7965 Mod Cornmarclaal Radial 639E 47% Was Group 7961 -Tho-Rowd Trk lass 28% 72% Was Group 71062 tiff-Thi Road Trk Radial lex 729E Retread Time abd Tubes(All Types of Cara,SUVs,Trucks and Related Vehicles 64% 36% •As quoted in Buy Board Contract Eftloct Prier Schedule 1N12018 COMPANY NAME: The Goodyear Tire&Rubber Company Buy Board Contract#553-19 SIGNATURE OF AUTHORIZED REPRESENTATIVE: SI , Richard J.Sevington,Fleet Solutlons Manager,Goodyear Commercial Tire&6mvice,Centers HERE On behalf of Brent S.Strandberg,General Kilanager Operation,Goodyear Comcnemiat Tire S Service Centers PRINTED NAME(LOCAL SUPPLY POINT): _Darren L Pruett,Center Manager.Round Rock,Texas PHONE NUMBER: _512-980-5733 EMAIL ADDRESS: _darren_pruetl ar.cram 4 J-_,tROUND ROCK TEXAS DATED.JUI Y 2011 `iF.ltSS;ttn 1`°!"F°EABtY. Exhibit "B" CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE: The Vendor shall self insure or procure and maintain at its sole cost and expense for the duration of the agreement or purchase order resulting from a response to the Solicitation/Specification, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of the solicitation by the successful respondent, its agents, representatives, volunteers, employees or subcontractors. _ Y� N� 1.1. Certificates of Insurance ens;o "^^^e shall be furnished to the City and approved by the City before work commences. INITIAL. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Oad+ le shatJ badistad n th49 C r## t49..c f-t suraric:e a M, arq-a c4)M-ab4 only. r Par.4oa4rf49nr.g,..basia for-pr-opertydamage,only: iNITIAI. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1,14, In the event of a claim being filed,the City may review the relevant insurance policies at Goodyear's corporate office during regular business hours. 1.3.5, Policies shall include, but not be limited to, the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for Bodily Injury of$100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Agreement. 1.4. Ths City shad. fledi,uAGA.rest,@ d w4h-04 e s t rise opus ►f in uranoa {�oi�ciesd a9ado : tel a maaiaa *able r� esf�r dela#ior�;revision;- or dafi io f- off po�«tsrrns; cad s;iiC tion&,.-o r-ax-QWsion, axce pt whams R �av+s���re--as��#�d- -daw�_ra�ula-tit�rr k�ir�d�g alar-of.Lha�aartias u ar j#arwof_any_af l LIp-such-req-las^t a C ty,th4 Va c s•shalt ar a o ratan. a# t a m pig sal .. ar as in..poli raga and shall paylh4a 4ost thec,a,af,• All insurance and bonds shall meet the requirements of the solicitation specification and the insurance endorsements stated below. INITIAL Page 1 of 4 J!ROUNDRCxK.TEXAsDATED:JULY 2011 V?S£WlSSfON!'FY?St'EH!?Y Exhibit "B" 1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s)of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. INITIAL 1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear)on the automobile policy only. 1.5.3. I?4vide--t*ty-Hca-4o-t -amity-o rial, i (TIAL 1.5.4. € ang ..tie.oatffioa#e inaEnea iodicata *n AL 444 pan�,sr ag�"ot/brokor~-sk �4ndto-notify-the ity; I a . 4�-I~a€i a.to.da.so s#aala ase�naobligatioa of liability."o€ar€ n corms its-age 1.5.5. Provid.a:.for notir o the�i��tbe adtlrresseslis ... low by��tar maid c INITIAL Vendor agrees to + I b against e 0ity,ttafficaars;elms,..a ;J elected..official&for-in juries; Gluding de -proWy.-da a g a;ori a 4os&to-the �alx$rdE► F1F18 INITIAL 1.5.7. Promilde that. r of�reament� ,af4d-standard of -fnerwith the-irWom n4fiGation-provision;s ha 11...be-undery tton by;..,Gontrar i oovar -si—ie ir�de-sr ol�ii ' 4a�Filit-j�- Q{�I<#:�3n�-�AfiINITIAL 1.5.8. All copies of the Certificate of Insurance shall reference the project name, solicitation number or purchase order number for which the insurance is being supplied. 1.5.9. Vendors-hall•notify..tl e ity...in t Ia r t► gf.any...ot a e irFeo laga ndaffil, iv notices --lessthan-thirty4ays-pOovrmtice-to tbachange,..w1iiGh--mtioe-shall,be INITIAL 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock,TX 78664-5299 Round Rock,TX 78664 2. WORKERS COMPENSATION INSURANCE 2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 2.1.1. Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2.1.2. Duration of the project- includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 2.2. Persons providing services on the project("subcontractor") in Section 446.096—includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- Page 2 of 4 ^ DATED:JULY zo1/ / Exhibit oo��ov �����n�u��� �� operators, employees ofany such entity, oremployees ofany entity, which furnishes persons to provide services on the project. "Services" indude, without limitation, proWding, houUng, or delivering equipment ormaterials, orproviding labor, transportation, orother service related to epnoject. ^Oaw|oes^does not include activities unrelated hothe project, such oafood/beverage vendors, office supply deliveries, and delivery ofportable toilets. 2.3. The CONTRACTOR shall provide oovansgo, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the agreement. 2.5. |fthe coverage period shown onthe CONTRACTOR'S current certificate ofcoverage ends during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on apnojooi. and provide to the OWNER: 2.0.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER wiil have on file certificates of coverage showing coverage for all persons providing services onthe project; and 28.2. nolater than seven (7) calendar days after receipt bythe CONTRACTOR, onew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (10) calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed bythe Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack ofcoverage. 2.10. The CONTRACTOR shall contractually require each person with whom itcontracts to provide services onoproject, to: 2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing nfany coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the pnoject, for the duration of the project; 2.10.2. provide bzthe CONTRACTOR, prior tothat person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services oneproject, for the duration ofthe project; 2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, e new certificate of coverage showing extension ofcoverage, |f the coverage period shown onthe current oed|fioebaofcoverage ends during the duration ofthe project; Page 3 o/4 ROUND ROCK.iFX.XS DATED:JULY 2011 ' r,n �=_atm rtf:x�rmi• Exhibit "B" 2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 2.10.3.1.2. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one(1) year thereafter; 2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be provided to the person for whom they are providing services. 2.10.3.5. By signing the solicitation associated with the specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self--insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entities the Owner to declare the agreement void if the Contractor does not remedy the breach within ten (10) calendar days after receipt of notice of breach from the owner. Page 4 of 4