Addendum 1 1-4-19.pdf

City of Janesville, Janesville Transit System Mileage Tire Leasing Program IFB

JTS-IFB-2018-2

Addendum 1: Responses to Questions 1-4-2019

Janesville Transit System (JTS) received the following questions during the question submittal period. Please find below a response.

Also, please find additional information concerning the opportunity to cure time period and an additional form that must be included with the bid submittal.

Hold Harmless - Section IV.B., Page 9: Please add the following as the second paragraph to Sub-Section IV.B.1.: “Notwithstanding any other provision of this Contract to the contrary, in no event shall either party be liable for any loss of actual or anticipated profits, loss of anticipated business, downtime costs or delay claims (whether direct or indirect), nor for any other special, indirect, incidental, or consequential damages arising out of, relating to, or in any way connected with this Contract or the provision of tires and/or services, whether based in warranty, contract, tort, negligence, strict liability, or otherwise.”

JTS accepts this text for inclusion.

Insurance - Section IV.E.1., Page 10:

a. In the first paragraph, second sentence; please revise “ which may rise from” and replace with “to the extent cause by”.

JTS accepts this replacement text for inclusion as follows: “to the extent caused by”.

b. In the second to last sentence in the first paragraph, please remove after “primary coverage…..“; “that any insurance or self insurance maintained by the CoJ, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss.”.

JTS accepts this deletion.

Insurance - Section IV.E.2., Page 11: Please remove the following from this section;

“renewal, or material change to the CoJ.”.

JTS accepts this deletion.

JTS-IFB-2018-2

Addendum 1: Responses to Questions 1-4-2019

Page 11. IV.E. Insurance. IV.E.2. Please modify as follows:

All such policies as required above shall be endorsed to provide a sixty (60) day written notice of cancellation, renewal, or material change to the CoJ in accordance with policy provisions.

JTS accepts the following:

Page 11. IV.E. Insurance. IV.E.2. All such policies as required above shall provide notice of cancellation, renewal, or material change to the CoJ in accordance with policy provisions, but in no event less than ten (10) days prior written notice.

Insurance - Section IV.E.4., Page 11: Please remove this section in its entirety.

JTS does not accept this request for removal.

Compliance with Laws and Permits – Section IV.I.1., Page 12: Please add to the end of this section; “as it pertains to this lease contract.”

Replacement Services – Section IV.J., Page 12: Please delete Sub-Section IV.J.4. in its entirety.

JTS accepts this text for deletion.

Lack of Funds – Section IV.K., Page 13: Please insert the following as a new Sub- Section IV.K.4.: “In the event of the unavailability of funding, the CoJ, upon termination, will pay for all unused mileage in the relevant tires and take title to such tires “as is.”

Required Tasks, Services and Maintenance – Section V.B., Page 14:

c. Please add the following as the last sentence to Sub-Section V.B.1.: “The Contractor shall not be responsible for any warranties or services related to any such test tires from companies other than the Contractor.”

JTS-IFB-2018-2

Addendum 1: Responses to Questions

d. Please add the following at the end of Sub-Section V.B.8.: “The City agrees that (i) such no-value tires are provided as-is with no warranties as to the condition or fitness of such tires for continued use, and (ii) the City assumes all liability for use and possession of no-value tires furnished by the Contractor.”

Access to Records and Reports – Section VI.C., Page 17: Please add the following as the last paragraph to this Section: “Any access to Contractor’s records and reports pursuant to this section shall be upon thirty (30) days’ prior written notice, during normal business hours and at the sole cost and expense of the accessing party.”

JTS accepts the following:

Access to Records and Reports – Section VI.C., Page 17: Please add the following as the last paragraph to this Section: “Any access to Contractor’s records and reports pursuant to this section shall be upon three (3) days’ prior written notice, during normal business hours and at the sole cost and expense of the accessing party.”

Termination – Section VI.H., Page 21:

e. Please replace the first sentence of Sub-Section (a) (Termination for Convenience (General Provision)) with the following: “Either party may terminate this Contract, in whole or in part, at any time by a thirty (30) days’ prior written notice to the other party.”

JTS accepts this replacement text.

f. Please add the following at the end of the second sentence of Sub- Section (a) (Termination for Convenience (General Provision)): “along with the remaining value of tread on leased tires mounted on buses and in spare stock”

JTS-IFB-2018-2

g. Please delete the third sentence of Sub-Section (b) (Termination for Default [Breach or Cause] (General Provision)) and replace it with the following: “The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the Contract along with close-out costs which include the remaining value of tread on leased tires mounted on buses and in spare stock.”

JTS accepts this text deletion and replacement text.

h. Please add the following as the third paragraph to Sub-Section (b) (Termination for Default [Breach or Cause] (General Provision)): “If the CoJ fails to make any payment due or to perform any obligation under this Contract, the Contractor may, at its option and without waiving or limiting any of its other rights or remedies under this Contract or at law, declare all of the CoJ’s indebtedness and obligations to the Contractor to be immediately due and payable and may immediately terminate this Contract by giving written notice to the CoJ to that effect. Upon termination of this Contract for default by the Contractor, the Contractor shall be paid its close out costs including the remaining value of tread on leased tires mounted on buses and in spare stock.”

i.

JTS accepts the following:

the third paragraph to Sub-Section (b) (Termination for Default [Breach or Cause] (General Provision)): “If the CoJ fails to make any payment due or to perform any obligation under this Contract, the Contractor may, at its option and without waiving or limiting any of its other rights or remedies under this Contract or at law, declare all of the CoJ’s indebtedness and obligations to the Contractor to be immediately due and payable and may immediately terminate this Contract by giving written notice to the CoJ to that effect. Upon termination of this Contract for default by the Contractor, the Contractor shall be paid the remaining value of tread on leased tires mounted on buses and in spare stock.”

JTS-IFB-2018-2

a. Please delete the first sentence of Sub-Section (c) (Opportunity to Cure (General Provision)) and replace it with the following: “The CoJ and/or City Manager shall, in the case of a termination for breach or default, allow the Contractor thirty (30) days’ time in which to cure the defect.”

b. Please revise Sub-Section (c) (Opportunity to Cure (General Provision)) by replacing “ten (10)” on the second line of the third paragraph with “thirty (30)”

Please see additional information on page 9 concerning time period for opportunity to cure.

Tire size – Section V.A.&., Page 14:

A. Please review attached 315/80R22.5 CITY TRANSPORT RADIAL (CTR) specifications as approved equal to for the B305/85R22.5. Our tire meets the Tire & Rim Association, Inc. standards; OE vehicle manufacturer’s requirements; operating conditions for the application -- as demonstrated by continued use at other properties across the country.

We understand this tire meets the tread width; tread depth; and load range outlined in the IFB. Provided the tire is a Radial 20 ply tubeless, “Mileage” type, JTS accepts this tire.

Throughout the entire specification, please confirm references to laws, codes, requirements, and/or regulations pertain to applicable laws, applicable codes, applicable requirements, and/or applicable regulations, as the case may be.

JTS provides this confirmation.

Page 5. II. L. Bid Acceptance. Please confirm bidders may submit their standard lease agreement with bid.

JTS expects the contractor to sign the CoJ’s standard contract, which includes the IFB, this addendum, and bidder’s submittal as appendices.

Page 10. IV.E. Insurance. IV.E.1.b. General Liability. Please confirm this coverage may be from self-insured retentions. The major corporations that will be participating in this procurement utilize self-insurance for this coverage.

JTS-IFB-2018-2

Addendum 1: Responses to Questions 1-4-2019

Self-insurance is acceptable.

Page 10. IV.E. Insurance. IV.E.1.b. General Liability. Please modify as follows:

General Liability Insurance or self-insurance including the coverage for the successful bidder's premises used for storage and maintenance of vehicles used in performance of the contract with limits of liability of not less than $1,000,000 each occurrence combined single limit and $2,000,000 general policy aggregate if applicable. Such liability insurance shall also include coverage for Personal Injury Liability. Claim made form of coverage is not acceptable.

JTS accepts these modifications.

Page 11. IV.E. Insurance. IV.E.7. Please modify as follows:

Proof that such insurance coverage exists as required above shall be furnished to the CoJ in the form of certificate(s) of insurance certified proof of insurance and submitted with bid documents. Renewal or replacement proofs of insurance shall be furnished fifteen (15) days prior to the expiration date or termination date of any policy in compliance with the requirements of the contract.

REASON: Negotiation of policies can occur up to the expiration date of the policy and therefore notification 15 days prior to renewal or replacement may not be possible.

Page 11. IV.E. Insurance. IV.E.8. Please modify as follows:

If the successful bidder fails to provide proof of required insurance during the term of the contract, the CoJ reserves the right, but not the obligation, to purchase other insurance to protect the CoJ’s interests and to withhold from the successful bidder's payments the cost of such insurance.

JTS accepts this modification.

JTS-IFB-2018-2

Page 11. IV.F. Claims. IV.F.1. Please modify as follows:

If a claim is made against the successful bidder as a result of any service performed under this contract, the successful bidder must verbally notify the CoJ with a complete and accurate description of the claim within forty-eight

(48) twenty-four (24) hours of the submission of the claim to the successful bidder. A written description of the claim must be submitted within seventy-two (72) forty-eight (48) hours of the submission of the claim to the successful bidder.

Page 12. IV.J. Replacement Services. IV.J.1. Please modify as follows:

In the event the successful bidder is unable, due to a strike, work stoppage, war, acts of terrorism, fires, shortage of energy source or raw material, or other event not caused by the CoJ and not covered in this IFB, to provide services in full compliance with the requirements of the contract, then the CoJ may, in lieu of finding the successful bidder in default, obtain the services of a replacement service provider with its own resources (collectively referred to as "Replacement Services").

JTS accepts this modification.

Page 12. IV.J. Replacement Services. IV.J.1. Please modify as follows:

Prior to implementing Replacement Service, the CoJ shall notify the successful bidder in writing and provide the successful bidder ten (10) three

(3) days in which to cure its noncompliance.

JTS accepts this text modification.

Page 12. V.A. Scope and Specifications. V.A.7. Please confirm your understanding that a different supplier may have slightly different dimensions to tread depth and undertread. Tire design in addition to physical dimensions also includes materials and compounding to achieve enhanced mileage and other performance characteristics as well as government requirements such as Greenhouse Gas (GHG) regulations.

JTS-IFB-2018-2

Addendum 1: Responses to Questions

JTS requires a minimum tread depth of 27/32 inches.

Page 30. Form E. DBE Certification. Please confirm the project/contract goal for this procurement is zero.

JTS does not have a specified DBE goal for this contract.

Please accept the B305/70R22.5 Metro Miler G652 RTB as an approved equal.

Product information attached. 8.25” is an approved rim width for this tire.

JTS does not accept the B305/70R22.5 Metro Miler G652 RTB as an approved equal.

Please accept the B305/85R22.5 Metro Miler G652 RTB as an approved equal. Product information attached. 8.25” is an approved rim width for this tire.

JTS does not accept the B305/85R22.5 Metro Miler G652 RTB as an approved equal.

JTS-IFB-2018-2

Additional Information from JTS concerning this IFB

Update to Opportunity to Cure Text On page 22 of the IFB the period of time for opportunity to cure was omitted. The updated text below reflects a 30 day time period for the opportunity to cure.

Initial Text

c. Opportunity to Cure (General Provision) The CoJ and/or City Manager in its/his joint and several sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect.

In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

If the Contractor fails to remedy to the CoJ 's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the CoJ setting forth the nature of said breach or default, the CoJ shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude The CoJ from also pursuing all available remedies against Contractor and its sureties for said breach or default.

Updated Text

c. Opportunity to Cure (General Provision) The CoJ and/or City Manager in its/his joint and several sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect.

In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

If the Contractor fails to remedy to the CoJ 's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within thirty (30) days after receipt by Contractor of written notice from the CoJ setting forth the nature of said breach or default, the CoJ shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude The CoJ from also pursuing all available remedies against Contractor and its sureties for said breach or default.

Tire Specifications Compliance Check Off Form Please complete the attached Tire Specifications Compliance Check Off form and submit with your bid.

IFB Ref: Yes (X) No (X) Add'l Information:

V.A.1

V.A.1

V.A.7.a

V.A.7.b

V.A.7.c

V.A.8

V.A.9

Specs:

Compliance to Specifications:

Federal Motor Vehicle Safety Standards

Tire and Rim Association of America Standards

Tire Specifications Compliance - Check off

Manufacturer:

Product Description-model, size, etc:

Please complete the Check off referencing Sub-Chapter V.A. "Scope and Specifications."

Type: Heavy Duty Radial 20 Ply, Tubeless, Mileage type

Tread Width: 11 inches

Tread Depth: 27/32 inches

Under Tread Depth: 14/32 inches

Load Range: Minimum L