Contract - Goodyear Tire and Rubber Company - 1/24/2019 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 24-4>day of the month of A PAR , 2011, by and between the CITY
OF ROUND ROCK, TEXAS, a home-rule munici alit whose offices are
p Y 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.
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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 fully 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.
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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 performance 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
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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
(512) 341-3191
cmcdowell�roundrocktexas. ov
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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 future 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 full 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(10) 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 performance 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
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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-
152 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.
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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.
21.01 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.
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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 manner 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.
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Roun Rock, Texas Goodyear Tire and Rubber Company
SIGN
By: By: ' i �-� HERE,
_
�.
Printed Name: Printed Name: Gerald F. P yne
Title: (il Director Sales and Operations
Date Signed: Title: Goodyear commercial Tire&Service Centers
Date Signed:
Attest:
By:
. MA/kAlAQ—
Sara White, City Clerk
For City, A proved as to �orm:
By<�� L
Stepha . Sheets, City Attorney
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Exhibit "A"
e
GOOD;..."
s
COMMERCIAL 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: 330-796-3782 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#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
Line# Part Number Description Quantity Unit Price %off of catalog
Goodyear Tires Goodyear Product Codes
1 1491961 TIRE;11R22.5 GY R268 RSA 16PL 138179674 10 $315.00 Per Contract 553-19
2 1500461 ITIRE;P225/60R16 GY Eagle RSA 97V ( 732354500 6 $90.00 Per Contract 553-19
3 1500506 (TIRE;LT225l75R16 GY WRL HT LOAD RANGE E 744830900 2 $111.00 Per Contract 553-19
4 1501246 ITIRE;P235155R17 GY Eagle RSA 98W 732002500 132 $105.00 Per Contract 553-19
5 1501444 TIRE;P225l70R15 GY WRANGLER SR-A OWL 183482418 2 $90.75 Per Contract 553-19
6 1501921 TIRE•ST225/75R15 GY MARATHON TRAIL TTC06 7621472406 2 $6778 Per Contract 553-19
7 I 1502336 TIRE;P235/65R17 GY ASSUR FUELMAX 103HTL 738317571 2 $92.13 Per Contract 553-19
8 1502497 TIRE:235/55R18 GY ASUR CS FM 100V 755339383 12 $125.50 Per Contract 553-19
9 1502621 TIRE;245155R18 GY EAG RSA 103V 732026500 112 $134.09 Per Contract 553-19
I10 1502817 �TIRE;235f75R17 GY WRL AT ADV 109T 758089572 1 7 $132.24 Per Contract 553-19
11 1503099 1__RE;ST205f75R14 GY ENDURANCE ST 08 724864519 I 2 $9625 Per Contract 553-19�
12 1503101 TIRE:ST205/75R15 GY ENDURANCE(2160 LB) 724861519 54 $97.90 Per Contract 553-19
13 1503103 TIRE;235/80R16 GY ENDURANCE ST 10 724858519 6 $132.55 Per Contract 553-19
14 1503907 TIRE:P265/6OR17 GY Eagle RSA 732523500 108 $11600 Per Contract 553-19
15 1491348 TIRE;225/1OR19.5 GY G647 RSS 139172053 46 $240.79 Per Contract 553-19
Descrlptlon-Other Tire Brands Description-Goodyear Tire Equivalent Estimated Annual
(currently used by the City) (quote if available) Quantity Unit Price X off of catalog
161150727 iT1RE;20x10.00-10 TURF SAVER 04 ars NET from 3rd party supplier Prices quoted 7 $78.00 I Net
17 000179 1T1RE;LT235/85R16/E FS TRANSFORCE Al12 BW WRL AT Adventure 748745572 12 $167.23 ( 45
I18 0302-1016 (TIRE:BS.T30-EVO 170/60ZR17(PD MOCY) Motorcycle Tire 5 No Bid
19 097759 TIRE;P235l70R16XL FS DEST LE2 SL Assurance All Season 407866374 22 $82.39 47
20 097776 ITIRE:MWOR17 FS DEST LE WRL Fortitude HT 157078622 12 $173.15 45
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City of Round Rock
Price Sheet
The Goodyear Tire$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
Lined Part Number Description Quantity Unit Price %off of catalog
Goodyear Tires Goodyear Product Cod„
Goodyear 111T ASSURANCE CS FUEL MAX SL
21 097844 TIRE;P255l70R16 FS DEST LE2 755276383 2 $106.21 45
22 102-8412 TIRE;BS.T30-GT 120/70XR18 PD MOCY Motnmvde Tire 3 No Bid
Available from 3rd party supplier-Prices quoted
23 1150746 TIRE;16x6.50-8(CARLISLE)FOR TORO 30626 are NET 18 $19.00 Net
Description-Other Tire Brands Description-Goodyear Tire Equivalent Estimated Annual
(currently used by the City) (quote If available) Quantity Unit Price %off of catalog
Available from 3rd party supplier-Prices quoted
24 1150750 ITIRE;18x8.50-8 CARLISLE TURF MASTER 4PLY are NET 6 $29.00 Net
25 1150757
ITIRE;2402.00-12 CL TURF MASTER 04 are NETe from 3rd party supplier-Prices quoted 2 $9700 Net
Available from 3rd party supplier-Prices quoted _j
26 1150803 TIRE;23x8.50-12 CARLISLE TURF MASTER 4PL are NET 14 $90.00 Net
Available from 3rd party supplier-Prices quoted
27 1150805 TIRE;18x6.50-8,CARLISLE TURF SAVER.TL are NET 2 543.00 Net
Available from 3rd party supplier-Prices quoted
28 1150811 TIRE;20x10-8 CL TURF MASTER TL 04 are NET 2 $39.00 Net
Available from 3rd party supplier-Prices quoted
29 1150817 TIRE;22x11-8 KNOBBY CARLISLE are NET 5 $41.00 Net
Available from 3rd party supplier-Prices quoted
30 1150837 TIRE;22.5x10-8 FIELD TRAX 3 are NET 2 $78.00 Net
Available from 3rd party supplier-Prices quoted
31 1150853 TIRE;20.5x8.0-10 CL(USA TRAILER TL 10) are NET 8 $73.00 Net
Available from 3rd party supplier-Prices quoted
32 1150857 TIRE-22x9.50-10 TURF TRAC 04 are NET 4 $44.00 Net
Available from 3rd party supplier-Prices quoted
33 1150877 TIRE;18x8.50-10 J.D. are NET 2 $37.00 Net
Available from 3rd party supplier-Prices quoted
34 1150885 TIRE;25x11.00-12 CARLISLE ALL TRAIL II are NET 2 $66.00 Net
Available from 3rd party supplier-Prices quoted
35 1150890 TIRE;24x12.00-10 CARLISLE TURF TRAC ere NET 2 $50.00 Net
Available from 3rd party supplier-Prices quoted
36 1150972 TIRE;24x10.50-10 GATOR are NET 2 $76.00 Net
Available from 3rd party supplier-Prices quoted
37 1151038
ITIRE:ST20519OD15 SPORT TRAIL 08(2600!:-Bl., are NET 12 $107.00 Net
38lagable NET from 3rd party supplier-Prices quoted 5 I $125.00 ` Net
1151053 ITIRE:25xg.00-12 CL ALL TRAIL 1104
Available from 3rd party supplier-Prices quoted
39 1701263 TIRE;4.80/4.00-$(DEESTONE)IN 06 are NET 2 $18.00 Net
Available from 3rd party supplier-Prices quoted
40 1704747 TIRE;ST225/90D16 SAMSON RB233 TRL 10 are NET 63 $130.00 Net
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City of Round Rock
Price Sheet
The Goodyear Tire$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
Llne# Part Number Description Quantity Unit Price %off of catalog
Goodyear Tires Goodyear Product Codes
41 1 189769 ITIRELTNUMR16 FS TRANSFORCE HT 1WRL Fortitude HT 157059620 1 2 $114.85 1 451
42 1 191316 ITIRE;LT245MR17 FS TRNSFORCE HT 1WRL Fortitude HT 157172620 30 $127.80 1 451
1 43 1 200156 ITIRE;LT265MR17 FS TRANSFORCE HT 1WRL Fortitude HT 157042622 1 2 1 $116.36 1 451
1 44 1 207483 1T1RE.LT245f75R17 FS TRANSFORCE HT OWL 1WRL Fortitude HT OWLTL 157060620 , 43 1 $127.80 45
1 45 1 310931 1TlRE;l3S.120f70ZR17.R0ADSMART III(BMW)PD 1 1 2 1 No Bid
1 46 1 310943 1TlRE;l3S,180/55ZR17,R0ADSMART lll(BMW)PD ( 1 4 1 No Bid 1 1
1 47 1 68-211 ITIRE;2012.00-12(01-DER SCAG) 1 1 2 I No Bid 1 1
1 48 1 RECAP11R22.5 ITIRE;11 R22.5 RECAP lGoodyear Precure G167 22 254086702 1 53 1 $19000 1 641
1 49 1 117-2901 1TlRE.23x10.50-12(T0R0 31201,31253N) 11150803 1 6 1 $92.00 1 Net 1
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City of Round Rock
Price Sheet
The Goodyear Tire&Rubber Company
Buy Board Contract#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 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 0212812021.
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
Line# Part Number Description Quantity Unit Price %of of catal
oa
Goodyear Tires Goodyear Product Codes
Hourly Labor Rate for installationlrepair services of bras
and related equipment and products ordered from 599/per hour,plus shop Supplies,and Fuel
Goodyear Auto Service Center 1709 Royston Ln Round surcharge where applicable.
Rock Texas
( •Infomution Only %OA Factor %On Factor
lMdae Group 7906 Police Auto ] 61.6% 48.60%
Mdse Group 7926 Auto Radial 47.6 63%
Mdse Group 7941 Light Truck Radlaj 46% I 56%
(Mdse Group1170 Unisteal RLT 011391 63% I 47% I
Was Group 7966 Med Commerclal
Radial 63% 47%
Was Group 7%1 Off-The-Road Trk I
Bin 28% 72%
Was Group 7962 OR-The Road Trk 72%
Retread
Radial I 28%
Retread Tiros abd Tubes(All Types
of Cars,SUVs,Trucks and Related
Vehicles 64%
36%
•As quoted in Buy Board Contract
Select Price Schedule 111J2018
COMPANY NAME: The Goodyear Tire&Rubber Company
Buy Board Contract#553-19
SIGNATURE OF AUTHORIZED REPRESENTATIVE: _ SIGN
Richard J.Bevington,Fleet Solutions Manager,Goodyear Commercial Tire& rvice Centers MERE
On behalf of Brent B.Strandberg,General Manager Operation,Goodyear Commercial Tire&Service Centers
PRINTED NAME(LOCAL SUPPLY POINTY _Darren L Pruett,Center Manager.Round Rock,Texas _
PHONE NUMBER: _512-990-5733
EMAIL ADDRESS: _darren_pruett@goodyear.com
4
r IrROUNDROCK,TEKM DATED:JULY 2011
PASSIM P"PEK"
Exhibit "6"
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 bV the successful
respondent, Its agents, representatives, volunteers, employees or subcontractors
1.1. Certificates of Insurance and-en&),semen 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. E
1__Pmperty-cla�ge only.
nor CH hasis fnr 71:9
INITIAL
1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
1.3.4. 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. elaies-of4 s ice
policips; ;and ;all andc)rsements; thRm+o and may-make reasonable request fnr cipiRtic)
�s_-aare established by egN laton-brndT g either of the-parties-he.
ete-oche
underwriter of any of such polic;ies). Upon suGh request by the City, th Alendor sh;all RxQrGi&8
reasonabk; t;ff-rts to ar-r-omplish such changes On policy GOVerage w;d shall pay the c;ost
##er€a All insurance and bonds shall meet the requirements of the solicitation specification j
and the insurance endorsements stated below. INITIAL
Page 1 of 4
'
DATED:JULY 2011
� JrR�O�UNE,ROCK.7'EXAS
AMR PROSPERITY.
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 enderselm. 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. Provide thirty days' notine to the City of
' matsiialg4as' INITIAL
1.5.4.
1 54;—That the+rasura^Tro
company or shall-endeavor+ INITIAL
+ifv +ho r`i+%
1.542. Faellurp_ tm do so Rhall impose no obligation of liability of any kind upon th-a
ems;
6,o nv i+c �ncn+c or rcnrcccnt;at0ycc
r,
CA
1.5.5.
Provide for notine to the City at the -addre-s-s-es liste by registered mail-
INITIAL
-1-5:6- ,
eler--t-i0d offinia's for death, property darnage, or any other loss,to the
extent ha nnilmrMfA by the Proceeds of irance.
INITIAL
1.5.7. Pro-vic-IRs flhat all provisions of the agreement nonnerning liability, di 1+11, and stancLard-of
include suc;h obligation
NITIAL
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. in rnx(
-erage and shall give such
nC)tir_R!; nn+ 1poo + hirhi rim s prior nothr-ze to- the change, Whir--h nating shall he
a,GC;C)rn lichcrl by n rcnlorrarnen+Ger+ifira+o of InINITIAL
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 406.096—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
h jr�RQUNE,ROCK.TEXAS
DATED:JULY 2011
SSIOM PROSPERITY
Exhibit "6"
operators, employees of any such entity, or employees of any entity, which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to
a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, 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. If the coverage period shown on the CONTRACTOR'S current certificate of coverage 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 a project, and provide
to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the
OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new
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 by the 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 of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide
services on a project, to:
2.10.1. provide coverage, 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 its employees providing services on
the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on a project, for the duration of the project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new 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;
Page 3 of 4
ROUNDROCK,TEXAS DATED:JULY 2011
MIME.MSSIOR PROSPERITY
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 entitles 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
CERTIFICATE OF INTERESTED PARTIES
FORM 129!
101`1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
3 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-426648
The Goodyear Tire&Rubber Company
Akron, OH United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/19/2018
being filed,
City of Round Rock Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
None
AGREEMENT FOR THE PURCHASE OF TIRES
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
The Vanguard Group Malvern, PA United States X
The Goodyear Tire&Rubber Company Akron, OH United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
I am of legal
My name is Gerald F. Payne and my date of birth is age
My address is 200 Innovation Way,Alcron, OH 44316-0001 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct. /
Executed in Sunimit County, State of Ohio an the�t day of L 20 18 .
Gerald F. Payne,Director Sales and Operations (mono,) (year)
Goodyear Commercial Tire&Service Cente
SignatuXr-e"ofauthorizedagent contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place of Certificate Number:
business. 2018-426648
The Goodyear Tire&Rubber Company
Akron, OH United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is being 11/19/2018
filed.
City of Round Rock Date Acknowledged:
01/09/2019
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the
services,goods,or other property to be provided under the contract.
None
AGREEMENT FOR THE PURCHASE OF TIRES
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
The Vanguard Group Malvern, PA United States X
The Goodyear Tire&Rubber Company Akron, OH United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711