Addendum 1.pdf

Rev. 07/28/2016-RFB 14040_Addendum 1_Agency Responses.doc

Finance Department David P. Schmiedicke, Finance Director

City-County Building, Room 406 Purchasing Services 210 Martin Luther King, Jr. Boulevard Madison, Wisconsin 53703 Phone: (608) 266-4521 Fax: (608) 266-5948 finance@cityofmadison.com www.cityofmadison.com/finance/purchasing

DATE: Friday, August 22nd, 2025

RE: ADDENDUM 1

14060-0-2025-BG

Tire Lease for Metro

Notice to All Bidders:

Please note the following responses to the questions received:

1. 2. Description of Services/Commodities. 2.5 Serviced Required. Please confirm that “tire engineer” does not refer to an individual with formal engineering education or engineering degree.

Answer Confirmed

2. 2. Description of Services/Commodities. 2.5 Serviced Required. Please modify 2.5.1 as follows:

The CONTRACTOR shall furnish a qualified person tire engineer experienced in bus tire monitoring and inspection or a person of equal qualifications to inspect tire wear and other tire conditions and to assist CITY personnel with any problems associated with tires. The qualified person engineer shall spend a minimum of twelve (12) working days per year at the Metro Transit Maintenance and Administration Facility. The schedule of visits must be approved by the Transit Maintenance Manager or his designee. The qualified person engineer shall inspect 100% of the fleet each year. In addition, the qualified person engineer shall inspect tires and related problems as determined necessary by the qualified person engineer and/or as required by CITY.

Answer No engineering degree required, qualified person, tire technician, or similar term may be used

3. 2. Description of Services/Commodities. 2.5 Serviced Required. Please modify 2.5.2 as follows:

The qualified person engineer shall submit to the Transit Maintenance Manager a subject report detailing bus number, tire number, and condition of tires inspected each visit and such additional information as CITY shall require. Recommendations on potential problem areas shall be included on these reports. Such reports shall be submitted monthly or at such other time requested by CITY.

Answer No engineering degree required, qualified person, tire technician, or similar term may be

4. 2. Description of Services/Commodities. 2.5 Serviced Required. Please modify 2.5.3 as follows:

In the event of a tire problem requiring prompt attention, the qualified person engineer shall be required to be in Madison within 72 hours of telephone or email notification by the Transit Maintenance Manager or his designee.

Answer No engineering degree required, qualified person, tire technician, or similar term may be mailto:finance@cityofmadison.com http://www.cityofmadison.com/finance/purchasing

August 22, 2025

8/22/2025-RFB 14040_Addendum 1_Agency Responses.doc

5. 2. Description of Services/Commodities. 2.5 Serviced Required. Please modify 2.5.10 as follows:

The CONTRACTOR shall furnish at no cost to CITY “No Value Tires” for the sole and exclusive purpose of equipping the CITY’s obsolete or retired vehicles. It is understood that a “No Valve Tire” means any tire furnished under the contract that has been determined by CONTRACTOR as permanently unfit for further service. Title and all other incidents of ownership to the “No Value Tires” shall be transferred from the CONTRACTOR and vested in CITY at the time the CONTRACTOR delivers to CITY. Any such tires shall be provided by CONTRACTOR “as-is” and without warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. The CITY typically retires fifteen (15) six (6) wheel position coaches annually, however these numbers are estimates only, and the actual number of vehicles retired may vary from year to year.

Answer Denied

6. 2. Description of Services/Commodities. 2.6 Delivery. Please modify 2.6.4 as follows:

The CITY shall provide adequate safe, secure, and enclosed space as determined by METRO for the storage of tires without charge to the CONTRACTOR.

Answer Approved

7. 2. Description of Services/Commodities. 2.9 Term and Termination. Please modify 2.9.4 as follows:

Upon termination of this agreement under 2.9 (1), (2), (3), the CITY may, at its sole option purchase all tires furnished by the CONTRACTOR, which shall include fully legible copies of all use and maintenance records pertaining thereto, by paying for the mileage remaining on the tires at the lease rate then in effect between the Parties. Payment shall be made within 90 days of the date of termination. Any such tires shall be purchased “as-is” and without warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose..

8. 2. Description of Services/Commodities. 2.9 Term and Termination. Please modify 2.9.6 as follows:

Upon the expiration of such period the CITY shall purchase such tires, which shall include all use and maintenance records pertaining thereto, by paying for any such mileage remaining on the tires at the lease rate in effect at contract expiration. Any such tires shall be purchased “as-is” and without warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose.

9. Appendix A: Standard Terms & Conditions. 23. Indemnification. Please confirm Contractor is not indemnifying City of Madison, its officers, officials, agents or employees for their own negligent acts or omissions.

10. Appendix A: Standard Terms & Conditions. 24. Insurance. Please confirm the Commercial

General Liability coverage may be provided through self-insured retentions. REASON: The major corporations participating in tire leasing utilize self-insurance for this coverage as a part of their insurance program.

Answer Standard language cannot be modified without Madison City Council approval Self-insurance may be allowed in the contract, with the following standard contract language as an example:

Self-insurance option: Notwithstanding the foregoing, the Contractor shall be entitled to self-insure all or part of the foregoing insurance coverages. However, if the Contractor self-insures and ceases to self-insure to the standards required above or is unable to provide continuing evidence of financial ability to self-insure to these standards, the Contractor shall promptly obtain the commercial general liability insurance required above. Furthermore, the Contractor shall provide the City with defense and self-insurance coverage on a primary and non-contributory basis, as if the City were an additional insured under the Contractor’s insurance policies.

11. Appendix A: Standard Terms & Conditions. 24. Insurance. Please confirm that Professional

Liability coverage is not applicable to the insurance requirements for this procurement.

Answer Confirmed

12. Appendix A: Standard Terms & Conditions. 24. Insurance. Please confirm that, in lieu of providing endorsements, specific contract information may be conveyed on the certificate(s) of insurance.

REASON: As a matter of practicability, major corporations, who contract with thousands of entities, do not issue endorsements for specific contracts.

The contract may be updated to include the following standard contract language as an example:

The Contractor shall provide copies of additional insured endorsements or insurance policies upon request of the City Risk Manager, who shall only make such request if a third party claim or suit is brought against the City that involves this Contract, in the Risk Manager’s sole opinion. The Contractor and/or Insurer shall give the City thirty (30) days advance written notice of cancellation, non-renewal or material changes to any of the above-required policies during the term of this Contract

13. Appendix A: Standard Terms & Conditions. 24. Insurance. Please confirm that copies of insurance policies will not have to be provided. REASON: Major corporations consider insurance policies confidential and proprietary. In lieu of providing copies, arrangements can be made for inspection of policies. This does not impact Certificates of Insurance, which will be provided.

The Contractor shall provide copies of additional insured endorsements or insurance policies upon request of the City Risk Manager, who shall only make such request if a third party claim or suit is brought against the City that involves this Contract, in the Risk Manager’s sole opinion. The Contractor and/or Insurer shall give the City thirty (30) days advance written notice of cancellation, non-renewal or material changes to any of the above-required policies during the term of this Contract

14. Appendix B: Sample Contract for Purchase of Services. 8. Prosecution and Progress. Please modify paragraph B. as follows:

The Contractor shall complete the services under this Agreement within the time for completion specified in Section 3, the Scope of Services, including any amendments. The Contractor's services are completed when the City notifies the Contractor in writing that the services are complete and are acceptable. The time for completion shall not be extended because of any delay attributable to the Contractor, but it may be extended by the City in the event of a delay attributable to the City, or in the event of unavoidable delay caused by war, insurrection, natural disaster, strike, lockout or other labor dispute or other unexpected event beyond the control of the Contractor. If at any time the Contractor believes that the time for completion of the work should be extended because of unavoidable delay caused by an unexpected event, or because of a delay attributable to the City, the Contractor shall notify the City as soon as possible, but not later than seven (7) calendar days after such an event.

Such notice shall include any justification for an extension of time and shall identify the amount of time claimed to be necessary to complete the work.

15. Appendix B: Sample Contract for Purchase of Services. 26. Indemnification. Please modify as follows:

The Contractor shall be liable to and hereby agrees to indemnify, defend and hold harmless the City of Madison, and its officers, officials, agents, and employees against all loss or expense (including liability costs and reasonable attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the City or its officers, officials, agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, to the extent arising from, in connection with, caused by or resulting from the Contractor's and/or Subcontractor's negligent acts or omissions in the performance of this Agreement, whether caused by or contributed to by the negligence of the City, its officers, officials, agents, or its employees.

Answer Standard language cannot be modified without Madison City Council approval, although the term reasonable is approved

16. Appendix B: Sample Contract for Purchase of Services. 27. Insurance. Please modify Commercial

General Liability as follows:

The Contractor shall self-insure or procure and maintain during the life of this Contract, Commercial General Liability insurance including, but not limited to bodily injury, property damage, personal injury, and products and completed operations (unless determined to be inapplicable by the Risk Manager) in an amount not less than $1,000,000 per occurrence. This coverage policy shall also provide contractual liability in the same amount. Contractor’s coverage shall be primary and list the City of Madison, its officers, officials, agents and employees as additional insureds (for policy coverage). Contractor shall require all subcontractors under this Contract (if any) to procure and maintain insurance meeting the above criteria, applying on a primary basis and listing the City of Madison, its officers, officials, agents and employees as additional insureds (for policy coverage).

Answer Approved

17. Appendix B: Sample Contract for Purchase of Services. 27. Insurance. Please modify the last paragraph as follows:

The Contractor shall provide copies of additional insured endorsements or insurance policies, if requested by the City Risk Manager. The Contractor and/or Insurer shall give the City thirty (30) days advance written notice of cancellation, non-renewal or material changes to any of the above-required policies during the term of this Contract.

Answer Standard language cannot be modified without Madison City Council approval

The Contractor shall provide copies of additional insured endorsements or insurance policies upon request of the City Risk Manager, who shall only make such request if a third party claim or suit is brought against the City that involves this Contract, in the Risk Manager’s sole opinion. The Contractor and/or Insurer shall give the City thirty (30) days advance written notice of cancellation, non-renewal or material changes to any of the above-required policies during the term of this Contract

18. Appendix B: Sample Contract for Purchase of Services. 28. Ownership of Contract Product.

Please confirm there is no transfer of intellectual property or copyright. REASON: This procurement is for standard commercially available items and not “work made for hire”.

19. What are your current per tire mile rate?

315/80R22.5 305/70R22.5

$0.006807 $0.007086

20. Will you accept RFID in place of branding?

Answer: Denied

21. Are there any plans to add electric busses to the fleet during the contract term?

Answer: There are currently no planned electric bus purchases, but Madison is likely to purchase additional electric buses in the future. Such buses would be included in this contract if such purchases occur during the term of this agreement.

22. Will you allow retreads?

Answer: No

23.

24. Your service coverage map in Wisconsin (locations & regions served)

Answer: Locations served will be Metro’s Ingersoll and Hanson Road facilities. Metro’s transit service maps are available on Metro’s website.

25. Service rate structure — per tire or per mile for install/rotation/maintenance under a lease program?

Answer:

315/80R22.5 305/70R22.5

$0.006807 $0.007086

26. Any relevant fleet/government references you’ve handled?

Answer: Not applicable.

Bidders must acknowledge receipt of this addendum accordingly on RFP Form B, Receipt Forms and Submittal Checklist.

Please direct any other questions to the Purchasing contact person below.

Brittany Garcia City of Madison Purchasing Services

PH: (608) 243-0529

bgarcia@cityofmadison.com