ITB 24-034 Tires and Related Services Instructions to Bidders~4.pdf

ITB 24-034 Tires and Related Services Instructions to Bidders Final

SALEM AREA MASS TRANSIT DISTRICT

INVITATION TO BID

ITB #24-034

TIRES AND RELATED SERVICES

Date Issued June 21, 2024

Requests for Questions Deadline: July 2, 2024 4:00 PM PDT

Response to Questions Deadline: July 8, 2024 4:00 PM PDT

Bid Responses Due: July 12, 2024 10:00 AM PDT

Procurement Contact:

Charleen McCurdy, Procurement & Contracts Analyst

Email submission must be clearly marked as follows “ITB 24-034, Tires & Related Services”

Bids must be submitted electronically to procurement@cherriots.org mailto:procurement@cherriots.org

Salem Area Mass Transit District (SAMTD) ITB 24-034 Tires & Related Services

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Table of Contents

Contents Part 1 – Introduction

Part 2 – Scope of Work

Part 3 – Submission Guidelines

Part 4 – Bid Evaluation

Part 5 – Special Terms and Conditions

Part 6 – Confidentiality

Part 7 – Bidder Checklist

Included as separate attachments Appendix A – General Terms and Conditions Appendix B – Sample Contract Appendix C – Federal Terms and Conditions

Included as a single separate file Exhibit 1 – Bid Form Exhibit 2 – Non-Collusion Affidavit Exhibit 3 – Organizational Conflict of Interest Exhibit 4 – DBE Determination of Good Faith Effort Exhibit 5 – Contractor’s Representations & Warranties Certification Exhibit 6 – Federal Debarment & Suspension Certificate Exhibit 7 – Certification Regarding Lobbying Exhibit 8 – Buy America Certification

Included as a separate Excel file Exhibit 9 – Bid Price Form

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Part 1 – Introduction

SALEM AREA MASS TRANSIT DISTRICT (“SAMTD” or “Cherriots”) is a public transportation agency operating buses over routes in metropolitan areas providing transit and paratransit service in the urban growth boundary of the Salem-Keizer area and Marion and Polk counties.

Other SAMTD services include Cherriots Shop and Ride, Cherriots Regional service, Cherriots LIFT paratransit service, travel training and rideshare (Cherriots Trip Choice) information including carpool and vanpool matching.

SAMTD operates 64 Cherriots local buses, 34 Cherriots LIFT (paratransit service), 15 Cherriots Regional buses and 4 Cherriots Shop and Ride buses (shopper shuttle and dial-a-ride service).

In addition, Cherriots Regional Route 1X is a commuter service that connects Salem with Wilsonville to the North. SAMTD also manages ride share services called Cherriots Trip Choice. Currently, SAMTD services generally operate during the weekdays between the hours of 5:00 AM and 10:00 PM.

SAMTD Locations:

Administrative Offices General Manager, Community Relations, Finance, Transportation Development, Human Resource, and part of the Operations departments are located at:

555 Court St N.E., Suite 5230, Salem, OR.

Operations, Contracted Services, and Maintenance Del Webb Facility 3140 Del Webb Ave, Salem, OR.

The Del Webb facility also includes the parking area for buses not in service.

Keizer Transit Center 5860 Keizer Station Blvd., N.E.

Keizer, OR 97303

Additional information about SAMTD can be found at www.cherriots.org

SAMTD is soliciting sealed bids from qualified Contractors to provide tires for SAMTD’s fleet.

Bidders are required to adhere to the terms and conditions of the solicitation packet. SAMTD will not negotiate any aspect of the required service or Contract once the Notice of Intent to Award is issued. SAMTD will not make any concessions for Bidders who are not completely familiar with the scope or contract requirements.

All submittals become the property of SAMTD and are subject to public disclosure after award.

Equal Opportunity: Small, minority, veteran, women-owned, and Disadvantaged Business Enterprises (DBE), as defined by 49 CFR Part 26, are encouraged to submit Bids in response to this solicitation. SAMTD ensures non-discrimination in the award and administration of all Contracts, creates a level playing field where businesses can compete fairly and remove barriers to the participation in our contracts.

End of Part 1 - Introduction http://www.cherriots.org/

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Part 2 – Scope of Work

2. A Introduction & Background

SAMTD fixed route fleet consists of two (2) types of buses.

● Group 1 consists of thirty four (34) Orion VII, 35' and 40' CNG powered buses. There are six (6) tires per vehicle. Annual mileage is expected to be 1,450,000.

● Group 2 consists of thirty (30) Gillig, 35' and 40' diesel powered buses. There are six

(6) tires per vehicle. Annual mileage is expected to be 1,165,000.

The Cherriots Lift and Cherriots Regional service have a combined forty seven (47) vehicles that use a LT 225/75R16 tire. Each vehicle has six (6) tires. Annual mileage is expected to be 750,000.

The Cherriots Lift service also has seven (7) vehicles that use a LT 235/65R/17 tire. There are four (4) tires per vehicle. Annual mileage is expected to be 150,000.

SAMTD’s tire maintenance program currently takes the following action:

● When the tread depth on a front tire is less than 7/32nds of an inch, the tire will be moved to the rear of the bus. The bus may still be used for regular service.

● When a tire has reached a tread depth of 4/32, it will be deemed by SAMTD to have reached its useful life and shall be removed from service.

2. B Technical Requirements & Scope of Work

SAMTD is seeking qualified Contractors to provide a tire program for the Salem Area Mass Transit District (SAMTD) fixed route, ADA paratransit bus fleet, and support vehicles.

The Contractor shall supply all tires for buses and support vehicles and shall furnish a sufficient amount at a maximum level determined by Contractor of each size and type tire to keep all buses fully equipped and to maintain enough spares to insure uninterrupted service.

SAMTD requires all tires, and any approved equals, to be covered under this contract. It is the responsibility of the contractor to furnish tires that fit SAMTD's fleet of vehicles without requiring vehicle modification or adjustment. SAMTD will use tire chains, cables or socks as required during the winter months.

Any provided quantities of the goods & services in this request and on any Exhibits are estimates. Except as this contract may otherwise provide, quantity variance between “estimated” and actual services required shall not constitute the basis for an equitable price adjustment. There is no limit on the amount of goods & services that may be purchased.

2. B.1 Tire Specifications

If, during the course of the contract, SAMTD puts into service vehicles which require a different tire size than those covered by this contract, rates for such tires will be negotiated separately (See ITB Part 5.H Changes)

1. PASSENGER CAR AND LIGHT TRUCK TIRES. All passenger car and light truck tires shall have a temperature rating of at least C, a tread wear rating of at least 300, a traction

ITB 24-034 Tires and Related Services Instructions to Bidders Final Page 4 of 23 rating of at least B, and a speed rating of at least P. All tires must be available for delivery within two (2) business days of order.

2. HEAVY DUTY BUS TIRES (Group1 & Group 2). All tires (larger than 19 inch (19”) rim size) shall be all wheel position highway ribbed radial tires, and shall have at least 18/32 inch of usable tread. Tires must be capable of safely sustaining a speed of sixty five (65) mph for a maximum period of one (1) hour. All fixed route bus tires should be constructed with a steel 1-ply sidewall. The tire sidewall should be able to withstand curbing (city driving) and should come with sidewall warning indicators to give notification on when the tire should be changed. The tires must have a minimum load carrying capacity rating of an (H), 16-ply rating.

3. NEW TIRES. All new tires must be manufactured by one of the following manufacturers:

Goodyear, Bridgestone, BF Goodrich, General, Pirelli or Michelin. Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles. All tires will be steel belted radial. Tires shall be constructed and maintained to comply with all regulatory agency requirements. All tires must meet FMVSS 119 and 120. Tires not meeting local, state, and federal specifications must be removed from SAMTD property within seven (7) days of notification by SAMTD at Contractors sole expense.

New tires shall be branded by the Contractor with a number unique to that individual tire. Brand shall be placed near the bead, on both sides of the tire, and be six inches (6”) in width, one and a quarter inch (1.25” high, and the numerals comprising the brand number shall be one inch (1”) high.

The following list of tire models and sizes will be considered under this contract. SAMTD is open to Bids for all tire sizes provided the specifications are met, especially where there is no Manufacturer or Model provided:

Manufacturer Model Size Load Rating

LT225/75R16 E 10 PLY

Michelin X INCITY 305/85R22.5 J 18 PLY 235/70R16 B P175/65R15 H Goodyear Assurance 205/65R16 B Michelin XZE2 275/80R22.5 G Goodyear Trail Runner LT245/75R17 E Goodyear Assurance A/S 235/65R17 XL Continental Van Contact A/S 195/75R16C D Hankook A/S A/P 11R22.5 G 14 PLY Goodyear Urban Max BSA 315/80R22.5 L Goodyear Metro Miller G652 RTB B315/80R22.5 L

For tires other than those specified herein, Bidder shall provide load/range, sidewall and tread ply rating and include technical specifications (See ITB Part 3.D). Bidder shall furnish projected base average mileage for each tire size. (See Exhibit 9 Bid Price). Base average

ITB 24-034 Tires and Related Services Instructions to Bidders Final Page 5 of 23 mileage may be revised if it proves to be unrealistic during the course of the contract by mutual consent.

4. RIMS AND WHEELS: SAMTD will furnish all rims and wheels in sufficient quantity to provide an adequate reserve supply of mounted spares. Further, SAMTD agrees to keep wheels in proper alignment and brakes properly adjusted and to clean all wheels before they are mounted on the bus.

5. TUBES. All inner tubes must be standard production first line, heavy duty butyl tubes or natural rubber of fresh stock. All tubes must be of quality not less than the tubes normally furnished in representative quantities by OEM as original equipment for automobiles, trucks, and buses. Tubes must conform to all applicable federal specifications. All tubes must be NEW and must have been produced or manufactured within the last one (1) year prior to installation or delivery to SAMTD.

6. RECAPPED TIRES. 49 CFR 393.75 prohibits the use of retreaded, recapped or regrooved tires on the front axels of commercial passenger buses. Recapped tires will not be allowed on this contract. All tires will be new.

7. TREAD DEPTH. Range shall be 13/32” to 30/32” for all tires provided under the contract.

8. TIRE SIZE: Tire sizing and estimated annual quantities are outlined in the Bid Pricing

(Exhibit 9.).

9. TREAD DESIGN. Will be Highway Ribbed Radial tread design, and will consider the following factors in specific make up and rubber compounds. Bidder shall provide, upon SAMTD request, all technical information related to the tire and shall include information relative to the areas listed below.

b. Safety

c. Warranty

d. Ply ratings

e. Availability

2. B.2 Services and Support

Contractor shall provide technical assistance upon request throughout the duration of this contract. Contractor shall not charge for this assistance in excess of the unit prices set forth on the Bid Pricing.

Support material to be supplied by new tire contractor (make and model of this material to be selected at SAMTD’s sole discretion), shall include the following:

● Valve stems

● Valve caps

Contractor shall supply weekly service, including delivery of new tires. Pick-up of casings and scrap tire disposal shall be provided as needed, as arranged. Service will be provided at:

SAMTD

Del Webb – Maintenance Building 3170 Del Webb Ave.

Salem, OR 97301

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Contractor shall be required to provide service to any new facility SAMTD may acquire during the course of this Contract. Contractor shall provide a vehicle suitable to safely and efficiently deliver and pick-up tires at SAMTD location(s). No loading docks are available for use. Business hours for all locations are Monday through Friday, 6:00 a.m. to 12:00 p.m., excluding National Holidays.

Requests for new tire delivery shall be filled within seven (7) calendar days of notification from SAMTD. Contractor shall notify requestor and SAMTD’s Project Manager in writing should the Contractor be unable to meet the delivery requirement.

1. TIRE DISPOSAL: Contractor shall provide on-demand scrap tire removal service for all

SAMTD maintenance locations.

Contractor shall remove all scrap tires from the requesting service location within a maximum of seven (7) business days; regardless of the notification method used by

SAMTD.

Contractor shall comply with all local, state, and federal regulations regarding tire disposal.

Scrap disposal shall be monitored. All costs associated with the disposal of tires shall be borne by the Contractor. All scrap shall be rendered unusable and not be resold by the Contractor for vehicle tire use. Resale of tires under this paragraph shall be considered a default and SAMTD reserves the right to terminate the contract as outlined in the Terms and Conditions included herein.

Contractor shall follow ORS 459.708 in the disposal of all scrap tires with a State of Oregon permitted facility. Copies of all disposal receipts shall be provided within thirty

(30) days of disposal. Failure to provide receipt copies shall be considered a default and SAMTD reserves the right to terminate the contract as outlined in the Terms and Conditions included herein.

SAMTD will review scrap agreement as provided by Bidder, which is required prior to utilizing "no-life" tires. SAMTD reserves the right to approve, negotiate or deny submitted scrap agreements where in the agency’s best interest.

2. B.3 Reporting and Analysis

Contractor shall be available to SAMTD for monthly contract status meetings when requested by SAMTD Project Manager.

Contractor must provide constant updating of any tire related information that may be useful in the proper operation and management of SAMTD’s tires. This would minimally include any information of issues discovered in the field, as well as proposed remedies.

WARRANTY REPORTING

On a monthly basis, Contractor shall report all warranty activity to SAMTD’s Warranty Programs Manager on a Microsoft Excel (.xlsx) spreadsheet to include the following:

● Size and Model

● Brand Number

● Date

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● Location

● Mileage

● Failure Mode

● Value Credited Back to SAMTD.

RECOVERED MATERIAL CERTIFICATION

On an annual basis, Contractor shall provide a certification that the tires provided under this contract meet the US Environmental Protection Agency (EPA) standards for tire production. If applicable, estimate the total percentage of tires provided in comparison with the total of other materials provided under the contract (E.g. valve stems 10%, Tires 90%, etc.). There is no form to complete, so Contractor may utilize any format.

BUY AMERICA CONTENT CERTIFICATION

At the end of the Contract, pursuant to 49 CFR 661, Contractor shall provide a final inventory list of all manufactured goods provided under the contract that includes their origin and manufacture point. There is no form to complete, so Contractor may utilize any format.

2. C Contract Deliverables

Contractor shall provide the following deliverables in the required frequency. Failure to provide any required deliverable may result in a withholding of SAMTD invoice payments until the deliverable is provided.

DELIVERABLE FREQUENCY

Warranty Report Monthly Tire Disposal Record Thirty (30) days of disposition Recovered Material Certification Annually (as required by 40 CFR 247) Buy America Certification At Contract End (as required by 49 CFR 661)

2. D Contractor Performance Reviews

SAMTD may, at its sole option, conduct a performance review while the Contract is in effect1.

These reviews may be completed by SAMTD’s Program Manager and other internal stakeholders. Any completed evaluation form will be shared with the Contractor and become a permanent part of the Contract administration file. The results of these evaluations, if any, will be considered for Contract extensions, price adjustments, and in the evaluation of any future applications to SAMTD solicitations for services.

Communication Communicates regularly and openly with staff assigned to projects. This can be done face to face, via phone conferences, one-to-one, or group meetings. Project Managers or Inspectors are visible and available when needed. Answers emails and phone calls in a timely manner.

Provides timely follow through. Verbal and written communication is concise and easy to understand for individuals not on the project teams.

Quality and Timeliness of Deliverables Completed reports accurately represent deliverables outlined in 2.C above, follows contract requirements, and meets or exceeds proposed deadlines. Deliveries are timely meet SAMTD’s specifications. Contractor has a quality assurance process in place to reduce errors and ensure accuracy of information.

1 2 CFR 200.301, 2 CFR Part 200.318 (b), ITB 24-034 Tires and Related Services Instructions to Bidders Final Page 8 of 23

Interpersonal Skills with SAMTD Staff Effectively coordinates and cooperates with SAMTD staff on scope performance and required deliverables. Actively engages stakeholders in scope performance and contract administration.

Collaborates with all stakeholders and is conscious of how workflows intersect. Respectful of SAMTD culture, mission, vision, and values. Seeks feedback to improve relationships and improve stakeholder commitment towards quality deliverables.

Manufacturer Interaction and Relationships Is courteous with vendors and mindful of existing and future relationships between bus manufacturers & SAMTD. Cooperates with manufacturers while being mindful of SAMTD’s requirements. Assertive with SAMTD’s needs and requirements while being respectful.

Represents SAMTD appropriately at meetings and discussions.

Evaluations will be scored as follows:

1 = CONSISTENTLY BELOW EXPECTATIONS: Performance is at a level below established objectives with the result that the overall contribution is marginal and substandard. Performance requires a high degree of constant supervision and guidance. Contract deliverables consistently take two (2) months or longer to be received by SAMTD. Tire delivery is never made within seven (7) days of order receipt by contractor. Contractor never has adequate stock to maintain SAMTD’s needs.

2 = BELOW EXPECTATIONS: Meets some of the established expectations but definite areas exist where achievement is substandard. Performance requires somewhat more than a normal degree of direction and supervision. Contract deliverables occasionally take more than one (1) month or more to be received by SAMTD. Tire delivery is occasionally made within seven (7) days of order receipt by contractor, but frequently takes longer. Contractor occasionally has adequate stock to maintain SAMTD needs, but frequently has to place an order to fulfill SAMTD’s requests.

3 = MEETS EXPECTATIONS: Meets established objectives in a satisfactory and adequate manner. Performance requires normal degree of supervision and guidance. Contract deliverables are submitted in a timely manner. Tire delivery is usually within seven (7) days of order and rarely takes longer. Contractor maintains adequate stock and rarely has to place orders to fill SAMTD’s requests.

4 = EXCEEDS EXPECTATIONS: Accomplishments are above expected level of essential requirements. Performance requires minimal to no supervision and guidance to achieve Contract objectives. Contract deliverables are always submitted in a timely manner if not earlier than required. Tire delivery is always within seven (7) days of order or earlier. Contractor maintains adequate stock and never has to place orders to fill SAMTD’s requests.

End of Part 2 – Scope of Work

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Part 3 – Submission Guidelines

3. A Procurement Schedule

Dates preceded by an asterisk (*) are estimated dates and provided for information only.

Estimated dates may change after Bid submission and not be part of any addenda.

Procurement Activity Date - 2024 Procurement Request Released June 21 Clarification Deadline July 2, no later than 4:00 PM PDT SAMTD Clarification Response July 8, no later than 4:00 PM PDT Submissions Due July 12, no later than 10:00 AM PDT Public Bid Opening July 12, at 11:00 AM PDT *Notice of Intent to Award July 15 *Estimated Award Date July 25 Contract Effective August 1, 2024

SAMTD reserves the right to modify the Procurement Schedule through written addenda.

Submissions are not considered after the due date has passed. Issuance of a Notice of Intent to Award is not a substitute for a Contract and can be revoked.

Bids can be submitted to procurement@cherriots.org any time up to the public bid opening, but no later (see Part 4). Public bid opening will be held virtually via Google Meet one (1) hour after they are due. The delay in receiving and opening is to account for any potential technical issues that may occur.

Bids received will not be available for review by the public until after Notice of Intent to Award is issued.

3. A.1 Bid Opening

Bids will be publicly opened July 12 at 11: AM PDT via Google Meet one (1) hour after bids are due. Contractors who are submitting bids are encouraged to attend. Refer to ITB Part 4 for information on the evaluation of submitted bids and bidders.

To access via video:

https:// meet.google.com/oja-nopz-bcg

To access via telephone:

(650) 684-8392

PIN: 441 436 579#

3. B Bid Guidelines

Bidders should fully inform themselves of the conditions, requirements, and specifications before submitting a Bid. The submission of a Bid constitutes Bidders acceptance of the terms and conditions of this solicitation request, including the underlying Contract terms and conditions which are set out herein.

The Bidder is responsible for all costs related to the preparation of the bid, demonstrations or interviews. Any costs associated with the project not specifically set forth in this Invitation for

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Bids will be the responsibility of the Bidder and will be deemed included in the fees and charges outlined on Exhibit 9 – Bid Price.

SAMTD reserves the right to:

● Award to one or more Contractors at SAMTD’s sole option

● Accept or reject any or all Bids and their Bidders

● Reject this solicitation and issue a new one for any reason

● Waive non-material deviations from the requirements

● Waive any informality or minor irregularity in Bids received

● Issue changes to the solicitation in the form of written addenda

● Request additional information to fully evaluate a Bid

A Bid may be rejected when:

● It is late

● The Bidder fails to meet the minimum qualifications listed in Part 3.C

● The Bidder is determined to be not responsible as described in Part 4.D

● Any required form/exhibit is not signed

● Contractor information, references, or any other form/exhibit is incomplete or incorrect

● Any other reason determined to be in the best interest of the SAMTD

● It does not meet required terms and conditions

● The details of the Bid have been altered

● A Bidder fails to timely respond to a request for additional information

● It fails to contain any of the required information

● A conflict of interest is not properly disclosed or is deemed by SAMTD to disqualify the Bid as provided by law

● Bidder fails to acknowledge in writing an addenda

Bidder may not be modified after opening unless requested by SAMTD. Prior to opening, Bids may be withdrawn at any time.

SAMTD may request that information be displayed differently than presented (for example, request a bundled pricing structure be itemized).

Bid pricing shall be valid for a period of 120 days from Bid due date.

SAMTD may request clarification or additional information, including, but not limited to, financial statements.

3. C Minimum Bidder Qualifications

At the time of Bid, Bidder must meet the following minimum qualifications

● Regularly engaged in retail sales and service of tires for the last three (3) years.

● If a manufacturer, have a retail distribution network for its tires, tubes, and services.

Suggested retail distributor should be regularly engaged in retail sales and service of tires for the last three (3) years.

● Have a State of Oregon and all required local government business license(s), registrations, and endorsements.

● Not be suspended or debarred with SAM.gov.

● Not be disqualified from bidding under ORS 279B.130

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● Not be in violation of any Oregon tax laws set forth at ORS chapters 118, 314, 316 - 318, 321 and 323; under ORS 320.005-320.150; under ORS 403.200-403.250; and local tax laws administered by the Oregon Department of Revenue under ORS 305.620

3. D Questions, Clarifications, Request for Deviation, Substitution or Approved Equals

Questions, clarifications, and alternates pertaining to the ITB must be submitted in writing to procurement@cherriots.org no later than the close of business on the date listed in the Procurement Schedule above. The request shall specify the provision of the ITB or Appendix in question, and, if a change is requested, contain an explanation for the requested change.

Where applicable, Bidders are required to provide the value of each proposed modification and a brief explanation as to why the change is requested. SAMTD does not guarantee a response to questions submitted after this date or questions and requests that are not submitted in writing via email to procurement@cherriots.org.

Any unapproved deviations, exceptions, substitutions, alternates, or conditions contained in a Bid may be cause for the Bid’s rejection as non-responsive.

Unauthorized contact regarding this ITB with SAMTD employees or agents may result in disqualification. Any oral communications will be considered unofficial and non-binding on SAMTD. Bidders should rely only on written statements issued by Procurement.

Do not add any SAMTD email address to company marketing email lists.

SAMTD will only accept a substitution of alternate material or equipment when:

1. The Contractor submits documentation acceptable to SAMTD attesting that the material or equipment specified in this Contract is no longer available;

2. The alternate material or equipment will be supplied at no additional cost; and

3. The alternate material or equipment meets the requirements and specifications set forth in the Scope of Services/Specifications.

Documentation supporting the non-availability of material or equipment may include, but not be limited to, one of the following: certification from the manufacturer that the item has been discontinued or that there has been a substantial change in its specifications; the manufacturer has gone out of business; or new import restrictions have been imposed on the item.

Any Bidder(s) believing a Contract term or scope requirement is unnecessarily restrictive or wishing to propose an alternate must submit their request in writing to procurement@cherriots.org by the deadline provided in the Procurement Schedule. Requests submitted after this date, or as a Bid condition will not be reviewed or considered. SAMTD will not agree to terms or conditions to the Contract after Bid are submitted and conditioned Bids may be rejected as non-responsive. Any changes or requests pertaining to the Contract must be made evident prior to the close of the procurement.

3. E Submission Packages

Bids will be in PDF format submitted to procurement@cherriots.org no later than the due date outlined in the Procurement Schedule. It is the Bidders responsibility to ensure the submission packet is received on time by SAMTD’s Procurement department.

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Submissions must be typed to be legible. Digital signatures are encouraged and preferred. Bids may submit a wet signature, provided the remainder of the submission is typed.

Failure to include any of the requested information using the provided exhibits will render the Bid non-responsive. Marking a Bid, or portions of the Bid, as “confidential” or “proprietary” does not automatically exempt it from disclosure under the Oregon State Public Records Act, ORS Chapter 192.

Bidders will submit the prescribed Exhibits 1 - 9. Any additional information provided but not requested will not be reviewed. Bidders will not change any formatting or alter the Exhibits in any way.

Bids will be sent via email to procurement@cherriots.org to provide appropriate date and time receipting. SAMTD will not accept hard copies submitted via mail or hand delivered.

Bidders are directed to Part 7 for the list of Exhibits required to complete a bid and Appendices that will form the final Contract.

3. F Addenda

Modifications to this ITB shall be made only by addenda posted to the OregonBuys site. Verbal, faxed, or e-mailed instructions, interpretations, and changes shall not serve as official expressions of SAMTD and shall not be binding. All cost adjustments or other changes resulting from said addenda shall be taken into consideration by Bidders and included in their Bids. All addenda issued by SAMTD (posted to OregonBuys site) shall be acknowledged by Bidder on the Acknowledgement of Addenda form

3. G Protest Procedures

Protests shall only be accepted from participating Bidders and must be submitted in writing and in a timely fashion, in accordance with SAMTD’s formal protest procedures. SAMTD’s formal protest procedures may be requested by contacting SAMTD Procurement in writing at procurement@cherriots.org. Once a Bidder exhausts SAMTD’s protest procedures, as described in applicable SAMTD Procurement Policy, the Contractor may request review from the FTA’s Region 10 office within five (5) working days of SAMTD’s final decision of the protest.

However, Bidders are cautioned that FTA’s jurisdiction over protests are limited in scope.

3. H Conflict of Interest

SAMTD officers, employees, agents, or Board members will not solicit or accept gifts, favors, or anything of monetary value from Bidders. Any SAMTD officer, agent, employee, or Board member with a perceived or actual financial or other interest in the award of the proposed Contract will recuse himself/herself from any evaluation or decision on any Bid.

Bidders and their staff must declare any perceived or actual conflict of interest using the form/exhibit provided. For example, a conflict of interest would arise if a Bidder or staff did the following:

● Assists in the creation of the scope of work. This includes, but is not limited to, reviewing and commenting on the preliminary scope in whole or part, assisting staff in specification writing, or recommending the use of a particular brand or supplier/distributor in the specification or evaluation of Bids.

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● Has access to nonpublic information during the performance of an earlier Contract or has been provided with information other Contractors have not during procurement.

● Assists in the creation of a project budget.

● Has a personal or professional relationship or affiliation (past or present) with a member of the evaluation committee or project team.

● Has a financial gain from the recommendation and/or purchase of a particular good or service relating to a Contract or potential Contract. (e.g. distributor/manufacturer relationship)

SAMTD will review all conflict of interest statements and notify the Bidder of its decision to allow or reject a Bid as it pertains to the conflict.

In the event that a conflict of interest is discovered post-award, this will be considered a breach of Contract and the Contract may be terminated under the terms and conditions provided. The Bidder must pay any additional costs incurred by SAMTD to engage another Contractor to finish the work.

3. I Disadvantaged Business Enterprise.

SAMTD has an overall agency goal of 2.43 percent (2.49%) for the utilization of DBEs using race neutral means. This contract will utilize Federal Funds and therefore is subject to the terms and conditions outlined in Appendix C “Federal Terms and Conditions”. SAMTD strongly encourages and expects Bidders to pursue subcontracting, mentoring, joint venturing, teaming, and partnering opportunities with DBE firms in the ordinary course of its business/teaming strategies. Bidders are encouraged and expected to create a level playing field to the maximum practical extent, consistent with the objectives and requirements of the SAMTD DBE Program, which is based on federal regulations codified at 49 CFR Part 26. The DBE participation goal applies to the total value of all anticipated SAMTD Federal contracts. SAMTD’s DBE Program and Policy may be accessed at www.Cherriots.org/en/about-us/procurement.

3. J Buy America

This contract is funded in part from the Federal Transportation Administration.

Any manufactured good will be required to meet Buy America requirements as outlined in 49 CFR 661. It is the Bidders responsibility to certify and ensure it complies with this requirement.

Where applicable, the awarded Contractor will be required to submit a Buy America content certification as a condition of final payment at the end of the contract. The certification will outline each manufactured good, its origin and final assembly point.

End of Part 3 – Submission Guidelines http://www.cherriots.org/en/about-us/procurement

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Part 4 – Bid Evaluation

4. A Evaluation Procedures

Bids will be publicly opened one (1) hour after they are due. Staff will refer to the time stamp on the email which the bid was sent to determine if the bid was sent on time.

4. B Bid Award

SAMTD will award a contract to the responsive and responsible bidder providing the lowest price in the “Estimated 5-Year Contract Bid Total” field on Exhibit 9: Bid Price. Refer to Part 5.I for information about price adjustments during the Contract term.

Bid price will include all labor, equipment, insurance, fees, taxes, overhead, and profit to provide all services requested in the Scope of Work detailed in Part 2 above.

If any additional charges exist that are not calculated in the overall cost of the tires, Bidders will provide them at the bottom of Exhibit 9. Price should be entered as either a unit price per each, or as a percentage (%) of the contract cost (as is the case with the Commercial Activity Tax).

Space has been provided for Bidders to provide additional detail if needed for each additional charge. For example, if the unit price is based on a minimum quantity, or if the % is tied to something other than the annual contract amount. Additional charges will not be included as part of the price evaluation.

Bidders may provide pricing from any current cooperative contract they may be party to.

However, SAMTD will not utilize the cooperative contract terms and conditions. The awarded Contractor will be required to enter into a direct contractual relationship with SAMTD based solely on this Invitation to Bid.

4. B.1 Identical Bid Totals

After opening Bids, if two (2) or more lowest responsive Bid totals are exactly equal, then the tie-breaker will be determined by drawing as described in this section. Two (2) or more slips of paper will be marked as follows: one (1) marked “Winner” and the other(s) marked “unsuccessful”. The slips will be folded to make the marking unseen. The slips will be placed inside a box. SAMTD Procurement, or designee, shall draw a slip from the box. The slips shall be unfolded and the firm with the slip marked “Winner” will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid are eligible to draw.

4. B.2 Single or No Bidder

In the event that none or only one (1) Bid is received, SAMTD may request an extension of the offer period and/or conduct a cost analysis on the single received Bid. The Bidder shall promptly provide all cost or pricing data, documentation and explanation requested by SAMTD to assist in such analysis. By conducting such analysis, SAMTD shall not be obligated to accept the single Bid; SAMTD reserves the right to reject such Bid or any portion thereof.

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4. C Responsibility Review

SAMTD will only award to Bidders who have the ability, willingness, and integrity to conform to all requirements of the Bid and subsequent Contract. SAMTD will independently verify responsibility.

● Demonstrate there are no outstanding and/or repetitive violations with State of Oregon agencies.

● Possess all permits, registrations, and licenses as required by city, state, and Federal ordinances, rules, laws, and regulations. When requested by SAMTD, Bidder shall provide documents confirming that he/she/it has obtained any local business registrations or permits that may be required.

● Is skilled and regularly engaged in the general class or type of work called for under the Contract.

● Has performed satisfactorily on other Contracts of like nature, magnitude and comparable difficulty, and at comparable rates of progress.

To establish Bidder’s responsibility, SAMTD will review all material submitted with a Bid.

SAMTD may also obtain additional information and conduct independent investigation, including, but not limited to, obtaining copies of business licenses and/or professional licenses and certificates, obtaining financial reports, verifying DBE/MWBE status, reviewing records with the Better Business Bureau, reviewing references, and checking debarment lists. SAMTD reserves the right to interview references, perform internet searches, review Dunn & Bradstreet reports, and use any other investigative means it chooses to establish past performance for evaluation purposes. A Bidder must timely provide all requested information.

4. D Notice of Intent to Award

Upon selection of the successful Bidder, SAMTD will provide a Notice of Intent to Award to all Bidders. The Notice of Intent to Award in no way constitutes a promise to award or an acceptance of the offer contained in the Bid; rather it is SAMTD’s first step in recommending a Contract to its Board of Directors. SAMTD may reconsider and withdraw, change or amend a Notice of Intent to Award at any time before the Board of Directors formally selects a Bid.

SAMTD’s failure to give such notice shall not be deemed to affect the validity of the resulting contract.

In the event a Contract award is made that is within the General Manager’s signing authority, SAMTD may, at its option, waive Board approval.

Bidders are permitted to request a debriefing about its/his/her own Bid from Procurement after the Notice of Intent to Award is issued. Documents and information to the procurement may be requested by submitting a Public Records Request.

End of Part 4 – Bid Evaluation

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Part 5 – Special Terms and Conditions

5. A Contract Term, Compensation, Invoice Payments

1. Contract Term: Unless terminated sooner under the provisions of this Contract, the term of this Contract shall be from August 1, 2024 through June 30, 2029 for a total contract term of five (5) years.

2. Compensation: SAMTD shall pay the Contractor, upon approval of invoices, the firm fixed unit prices stipulated in this Contact for goods accepted or services rendered and accepted, less any deductions provided in this Contract. Delivery costs will be based on FOB Destination to SAMTD at 3170 Del Webb Ave NE, Salem, OR 97301.

3. Invoices: Contractor will invoice SAMTD no later than the 15th of each month for services and goods supplied the previous month. SAMTD reserves the right to refuse payment on invoices for work that completed sixty (60) days prior to invoice receipt. Payment will be based on Net thirty (30) day terms. SAMTD is open to negotiating different payment terms (i.e. 3% Net 15, etc.).

If submitted via hard copy, invoices must be submitted to SAMTD’s Finance Department:

Salem Area Mass Transit District Attn: Accounts Payable 555 Court St NE, Suite 5230 Salem, OR 97301

All invoices shall be submitted electronically to SAMTD’s Finance Department and SAMTD’s Project Manager via email to

● accounts.payable@cherriots.org (Finance) and

● (Project Managers)

Invoices must contain the following information.

● The contract number;

● The date(s) goods were delivered or services were furnished;

● A detailed description of the goods or services furnished;

● Location of the goods or services furnished;

● A price breakdown showing contract prices and units;

● Identify SAMTD brand number for each cost generated;

● SAMTD brand number for each tire removed;

● Total invoiced amount.

Invoices will also include the following supporting documents

● A copy of the packing list signed by SAMTD employee receiving the delivery

● Copies of all warranties for delivered tires and services

● Copies of all disposal paperwork including receipts as detailed in ITB Part 2, Section

B.2 “Tire Disposal”.

SAMTD will not be responsible for late payments due to missing or incorrect documentation or incorrect invoice routing on the part of the Contractor.

5. B Warranty

"Acceptance," as used in this clause, means the act of an authorized representative of SAMTD by which SAMTD approves specific services, as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

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a) Delivery of guarantees shall not relieve Contractor from any obligation assumed under any other provision of the Contract. SAMTD does not waive any warranty either expressed or implied or any liability of the manufacturer as determined by a decision of a court of the State of Oregon or of the United States. No later than delivery of equipment, material or supplies, Contractor shall provide to SAMTD complete copies of all written warranties or guarantees and documentation of any other arrangement relating to such warranties or guarantee extended by manufacturer of materials furnished by the Contractor. Warranties and/or guarantees shall be broken down by manufacturer and shall include each party’s warranty contact person, mailing address of business, telephone number, parts supplied under the Contract and all parts’ warranty periods. Contractor shall provide to SAMTD’s Warranty Programs Manager, in Microsoft Excel format (.xlsx), a list of serial numbers for all serialized parts.

b) Notwithstanding any express warranties provided elsewhere in this contract, the implied warranties of merchantability and of fitness for a particular purpose shall not be deemed to be excluded or modified, and Contractor may not exclude or modify them. Any warranty from a manufacturer to the Contractor exceeding any period or which is more comprehensive than required by the Contract shall be extended to SAMTD for the same period of time and coverage as given to the Contractor, at no additional cost to SAMTD.

c) The Contractor warrants that all products/services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements and specifications of the contract. The materials and/or supplies must be new and unused, and in no case will any used, reconditioned, or obsolete parts be accepted. Contractor warrants that all equipment, material or supplies provided shall be of the quality specified, or of the best grade if no quality is specified, and shall conform to the Specifications and other descriptions set forth in the Contract. Unless otherwise provided in this Contract, Contractor warrants all materials furnished will be new and free of defects and faults. The Contractor's warranty shall apply regardless of any lesser period of warranty provided by the manufacturer of materials furnished by the Contractor.

d) SAMTD will deal directly with the Contractor in all matters regarding warranty recovery. Any warranty implied and/or stated between the Contractor and the tire manufacturer is not SAMTD’s concern and will not be cause for negotiation and/or failure by the Contractor to provide warranty and its recovery to SAMTD.

1. New Tire Warranty

a) Notwithstanding anything in this Contract to the contrary, Contractor’s applicable, standard, written limited warranty shall apply for defects in materials and workmanship. Copies of the applicable limited warranty booklet(s), which may be amended from time to time, will be furnished when updated. Contractor shall pay the repair costs for damage sustained by the vehicle as a result of new tire warranty failure.

b) All tires shall be maintained and repaired by SAMTD according to manufacturer’s specifications.

2. Tire Mileage Warranties

a) For the LT225/75R16 tire, the Contractor shall guarantee each of its new transit tires for

65,000 miles. Tread wear guarantee shall also be 65,000 miles or the length of the

ITB 24-034 Tires and Related Services Instructions to Bidders Final Page 18 of 23 manufacturer’s warranty duration, whichever is longer. A tire is deemed unfit for service when the tread has worn down to 3/32 inch or below. If a tire does not meet the mileage or tread wear guarantee, the “Example” below will be used to calculate and invoice Contractor for lost value. The warranty shall include, but not be limited to, replacement for defects (including beads) and abnormal wear of casing and/or tread (including sidewall damage). Warranty shall not include failures due to abnormal circumstances, to include collision, accident, improper use (other than cuts or bruises or damage encountered under normal wear and tear), curbing, irregular wear, brake-heat damage, fire and road hazards.

b) For the 305/85R22.5 tire, the Contractor shall guarantee each of its transit tires for

45,000 miles. Tread wear guarantee against defects including, but not limited to casing failure and tread separation, shall also be 45,000 miles or the length of the manufacturer’s warranty duration, whichever is longer. A tire is deemed unfit for service when the tread has worn down to 3/32 inch or below. If a tire does not meet the mileage or tread wear guarantee, the “Example” below will be used to calculate and invoice Contractor for lost value. The warranty shall include, but not be limited to, replacement for defects (including beads) and abnormal wear of casing and/or tread (including sidewall damage). Warranty shall not include failures due to abnormal circumstances, to include collision, accident, improper use (other than cuts or bruises or damage encountered under normal wear and tear), curbing, irregular wear, brake-heat damage, fire and road hazards.

EXAMPLE: For a one-month period, 10 new transit tires failed at 55,000 miles. That is 10,000 miles short of the warranty for each tire. Therefore 100,000 miles is owed SAMTD or the equivalent of 1.54 tires of that type. SAMTD’s Warranty Programs Manager will compute mileage loss and/or warranty recovery on a quarterly basis.

Contractor will have 30-days to issue a credit memo for the number of tires owed to SAMTD. Failure by the Contractor to issue a credit memo within the 30-day period will result in SAMTD deducting owed warranty from its next purchase.

For the tires remaining from the table in Part 2.B, the Contractor shall guarantee each of its transit tires for 55,000 miles. Tread wear guarantee against defects including, but not limited to casing failure and tread separation, shall also be 55,000 miles or the length of the manufacturer’s warranty duration, whichever is longer. A tire is deemed unfit for service when the tread has worn down to 3/32 inch or below. The warranty shall include, but not be limited to, replacement for defects (including beads) and abnormal wear of casing and/or tread (including sidewall damage). Warranty shall not include failures due to abnormal circumstances, to include collision, accident, improper use (other than cuts or bruises or damage encountered under normal wear and tear), curbing, irregular wear, brake-heat damage, fire and road hazards.

3. Warranty of Title

a) The Contractor shall warrant to SAMTD, its successors and assignees, that the title to the materials, supplies, or equipment covered by the Contract is free from all liens and encumbrances.

b) SAMTD will hold Contractor harmless against any claim against Contractor’s tires made by any holder of a lien on any buses on which SAMTD uses such tires. SAMTD agrees to advise Contractor concerning such liens and the status of the liens.

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4. Survival of Warranty

a) Upon expiration of this contract, Contractor shall continue to be responsible for warranties remaining on tires procured under this contract, and pay any claims submitted by SAMTD until all tires procured under this contract are no longer under warranty. If the successful bidder under this contract was the successful bidder for any previous new transit bus tire contracts with SAMTD, Contractor shall honor all warranties for tires procured under those contracts, until such time that those tires are no longer under warranty.

5. C Insurance

The awarded contractor and any subcontractors will not begin Work until proof…