MBTA Tire Lease_Wheels_Inspection_Refinishing_Services RFP10_20_pd3.pdf

7.1.1

MASSACHUSETTS

BAY

TRANSPORTATION

AUTHORITY

REQUEST FOR PROPOSALS (RFP)

NON-FEDERAL FUNDED

RFP 10-20

COMMBUYS # BD- 19-1206-4000-4000-

47352

LEASE AND SERVICE OF TRANSIT BUS TIRES,

AND, INSPECTION, CLEANING AND

REFINISHING OF USED TRANSIT BUS WHEELS

Date Issued: January 15, 2020

RFP: RFP 10-20 - 1 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

1. Introduction

2. SCOPE OF WORK

2.1 General

2.2 Inspection Services

2.3 Tire and Wheel Assemblies……………………………………………………..……………...6

2.4 Safety Requirements……..………………………………………………………………….….9

2.5 Warranties…..………………………………………………………………………………

2.6 End of Contract Provisions………….………………………………………………..………10

2.7 Service Level Agreement………………………………………………………………… . …11

2.8 Deliverables…………………………………………………………………………………….12

3. Bidder Instructions and Procurement Process………………….………………...……………. 13

4. Bid Conference…………………………………………………………….………………………...13

5. Procurement Method

6. RFP Calendar and Delivery Instructions

7. Examination of RFP

8. Rules of Contact

9. Clarifications of Specifications, Questions and Answers……….……………………..………….15

10. RFP Addendum

11. MBTA Standard Contract and Terms

12. Confidentiality / Public Information Act Disclosure Requests

13. Business Conduct……………………………………………………………………………………17

14. Collusion……………………………………………………………………………………………..18

15. Prices…………………………………………………………………………………………………18

16. Acceptance Period……………………………………………………………………………….…..18

17. Pre-Contractual Expense……………………………………………………………………....…...18

18. Tax Exemption………………………………………………………………………………………18

19. Insurance…………………………………………………………………………………………… 18

20. SUBMISSION OF RESPONSE

21. Acceptance of Response

22. Validity of Response

23. Incomplete Response

24. MBTA Policies……………………………………………………………………………………….24

25. Selection Process, Bidder Responsiveness & Basis of Award (Value Proposal) ...…...……...….24

26. Evaluation and Criterion……………………………………………………………………………25

RFP: RFP 10-20 - 2 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

27. MBTA Reserved

28. Contract Structure…………………………………………………………………………………..29

Enclosure 1 – Bid Cover Letter

Form A: Pre-Award Bidder Evaluation Data Form

29. MBTA Standard Contract Instructions

A. MBTA Standard Terms & Conditions Instructions

30. Massachusetts Bay Transportation Authority Standard Contract

31. Standard Terms and Conditions (Section 31---31.46)

Exhibits…………………………………………………………………………………………...46

A: MBTA Bus Model & Tires, 305/70R22.5 “L” fleet

B: MBTA Bus Model & Tires, 315/80R22.5 “L” fleet

C: Current Transit Bus Radial Tires

D: Wheel Inspection Resources

E: MBTA Bus Wheels

F: MBTA DMA & ETB Bus Wheels

G: MBTA New Bus Wheel Manufacturers

H: Coating Thickness Measurements Reference – Outer Bolt

I: Coating Thickness Measurements Reference – Inner Bolt

J: MBTA “Sample” Vehicle Mileage Report

K: OEM Resources and Specifications

L: Wheel Cleaning & Shot Blasting Requirements

M: Wheel Refinishing Requirements

N: Wheel Refinishing Quality Control Requirements

O: Wheel Inspection Requirements

P: Reporting Requirements and “Inspection Report Template example”

Document Attachments:

Form B: Technical Response

Form C: Pricing Response Form D: Safety Training Certification

RFP: RFP 10-20 - 3 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

Attn: Bidder/s

Request for Proposals (RFP) # RFP 10-20

RFP Description: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of

Used Transit Bus Wheels

Dear Madam/Sir, The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) invites qualified Bidders to participate in the competitive bidding for the Lease and Service of

Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels: RFP 10-20.

The Scope of Work is outlined below in Sections 1 & 2.

All formal communication with the MBTA during the bidding period shall be only through the designated point of contact. The MBTA’s designated point of contact for this solicitation will be:

Rob Weiner

Massachusetts Bay Transportation Authority

10 Park Plaza, Room 2810

Boston, MA 02116

Email: rweiner@mbta.com

The RFP shall be launched through COMMBUYS and proposals must be submitted electronically no later than 3/10/2020 2:00 PM, in full compliance with this RFP including but not limited to Section 3, Bidders

Instructions and Procurement Process. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA.

Respectfully, Rob Weiner

Massachusetts Bay Transportation Authority

RFP 10-20

COMMBUYS Bid # BD- 19-1206-4000-4000-47352

RFP: RFP 10-20 - 4 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

1. INTRODUCTION

The Massachusetts Bay Transportation Authority (MBTA) is requesting proposals for a tire and wheel vendor to provide the following services:

Leasing and servicing of transit bus and trackless trolley tires

Inspection, repair/refurbishment and cleaning of all road-worthy MBTA owned bus tires and wheels

Replacement of non-repairable “used” tires with new tires borne for the sole use of the

MBTA

Providing new and refurbished wheels borne for the sole use of the MBTA

Pick up, evaluation and responsible disposal/recycling of non-roadworthy tire/wheel assemblies

Maintaining a supply of roadworthy tire and wheel assemblies at MBTA bus facilities

Delivery of tires and wheels to ten (10) MBTA bus facility locations

Reporting all inspections and data including daily tire inspections, inventory levels, tire/wheel problems, and remedy actions.

The MBTA currently maintains a fleet of approximately 1,000 transit buses located at ten (10) transit bus maintenance facilities throughout Greater Boston. Across the entire fleet, the MBTA buses covered by this contract travel approximately 26.7 million miles per year.

The Tire specifications listed below are minimum specification requirements for the Tires to be leased by the MBTA. Bid Proposals not in compliance with minimum specification requirements may be deemed non-compliant and eliminated from further contractual consideration by the MBTA.

Tire Size Load

Range

Min.

Original

Tread

Depth

(32nds)

Max.

Speed

(mph)

Overall

Diameter

(inches)

Overall

Width

(inches)

Approved

Wheel

Sizes

Revs

Per

Mile

Max.

Load and

Pressure

Single

(lbs./psi)

Max.

Load and

Pressure

Dual

(lbs./psi)

305/70R22.5 L 22 65 39.5 12.3 22.5 x 8.25 525 8,047/130 7,385/130

315/80R22.5 L 17 75 42.5 12.5 22.5 x 8.25 492 9,090/130 8,270/130

L 17 75 42.3 12.5 22.5 x 9.00 492 9,090/130 8,270/130

2. SCOPE OF WORK

2.1 GENERAL

The successful Bidder (i.e. Contractor) will be responsible for leasing transit bus tires to the MBTA.

The Contractor will be responsible for purchasing new wheels, refurbishing used steel wheels, replacing unusable tires & wheels, recordkeeping and providing monthly reports to MBTA Management.

In addition to the current MBTA bus fleet, the Contractor will provide only tires for new bus procurements and overhauls. The Contractor is responsible for shipping duties to North America; there shall be no additional cost to the MBTA.

RFP: RFP 10-20 - 5 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

The Contractor will provide storage, delivery, and pickup services for all bus tires and wheels.

The Contractor will be responsible for inspecting, maintaining, and repairing all tires and wheels in the

MBTA bus fleet.

Tire Contractor must provide services on a “turn-key” basis; all expenses necessary to complete the services will be all-inclusive in the price proposal.

The Contract will consist of an initial three (3) year period. The MBTA may extend the contract for an additional two (2) year option period. Terms of the initial period carry to the option period.

Pricing for items not on bid list must be approved prior to commencement of work.

2.2 INSPECTION SERVICES

2.2.1 Inspect In-Service Bus Tires & Wheels. Daily and regularly scheduled comprehensive and complete inspections of bus tires and wheels. Every bus tire and wheel in the MBTA fleet must be inspected, tracked, and reported every 60 days.

At least four (4) bus maintenance facilities will require inspections to be performed on Fridays due to the number of buses located at these 4 garages.

2.2.2 Provide Dedicated Technician(s). Provide the necessary number of tire service technician(s) dedicated to the MBTA to perform on-site inspections during night shifts: performing tire and wheel inspections, verifying tire serial numbers, confirming quantities, and recording data for reporting. Comprehensive and complete inspections must be performed regularly and without pause; there shall be no exceptions to fulfilling this requirement. With respect to the rolling 60-day fleet inspection requirement, inspections must be performed at a steady and even pace; front-loading and/or back-loading inspection duties is unacceptable. At its own discretion, the MBTA will audit the inspection duties, pace, and schedule to ensure compliance. Failure to fully comply with this requirement determined daily by the MBTA Tire/Wheel

Program Manager is subject to penalties outlined in the Service Level

Agreement, section 2.7.

The technician(s) will rotate through all ten (10) Bus Maintenance

Facilities and be present daily to ensure there is no delay in the inspection schedule.

In the event that the Contractor’s service technician is unable to perform services (ie due to car accident, family emergency etc.) the

Contractor must provide notification two hours prior to start of the shift via EST-timestamped email and telephone call to MBTA Tire/Wheel

Program Manager, John Warhola and the MBTA Contracting Officer.”

RFP: RFP 10-20 - 6 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

2.3 TIRE AND WHEEL ASSEMBLIES

2.3.1 Lease Bus Tires. Lease shall be for new tires and billed per-mile.

Tire sizes: 305/70R22.5 and 315/80R22.5. All tires and wheels must be of the same manufacturer, brand and model. The maximum service life for any individual tire may not be longer than six (6) years; the MBTA shall purchase any tire with tread exceeding 4/32” after the six (6) year period.

The MBTA at its own discretion may request sample refinished

Wheels and Tire & Wheel complete assemblies for evaluation as part of this RFP process.

2.3.2 Dismount and Mount Tires. The estimated monthly volume of dismounting and mounting services is as follows:

Year One (1) Year Two (2) Year Three (3) Year Four (4) Year Five (5)

825 885 905 905 905

Note: Over the course of the three (3) year contract term there are a total of seventy-two (72) mounting and dismounting services for non-revenue vehicles with “12R” sized tires included in the schedule above.

2.3.3 Repair & Replace Tires. Pick up and fix tires that require maintenance and/or repairs. The MBTA will not reimburse for curb damage.

Deliver repaired tires on complete tire and wheel assemblies; repaired tires must go on new wheels or refurbished wheels.

The tire rehabilitation process will include: tire deflation, tire dismounting, removal of valve related parts, installation of new valves stems, new cores, new high temperature grommets, new extension caps, the application of “OEM approved lubrication” to the tire bead and wheel rim surfaces, the mounting of new or inspected used tires, tire inflation to the targeted pressure, re-measurement of tire pressure after a 24-hour resting period and again prior to delivery.

2.3.4 Provision New Wheels. The Contractor is responsible for coordinating the purchase and delivery of new wheels to the

Contractor’s facility. The MBTA shall reimburse the Contractor for the cost of new wheels. All wheels shall be the property of the MBTA.

2.3.5 Clean & Refurbish Wheels. Refinish and powder-coat wheels by exact OEM standards to a maximum 3.5mm thickness for redeployment per the specification (Exhibit enclosure). New valve assemblies must be installed on every New and Refinished Used Wheel prior to mounting any tire.

2.3.6 Supply New Buses with New Tires. The Contractor is

responsible for shipping duties to North America; there shall be no additional cost to the MBTA.

RFP: RFP 10-20 - 7 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

2.3.7 Deliver and Pick Up Tire & Wheel Assemblies at the following

MBTA facilities:

Location Tire Wheel # Minimum

Tires Kept

On Hand

Pickup days

Albany Street

421 Albany Street

Boston, MA 02118

305/70 R22.5 Accuride

28440-PKBLK21

20 Thursday

Arborway Garage

3600 Washington St

Jamaica Plain, MA 02130

305/70 R22.5 Accuride

28440-PKBLK21

30 Monday

Cabot Garage

275 Dorchester Ave

South Boston, MA 02127

305/70 R22.5 Accuride

28440-PKBLK21

35 Thursday

Everett Shops

80 Broadway

Everett, MA 02149

305/70 R22.5

Accuride

28440-PKBLK21

As Needed Friday

315/80 R22.5 Wheels Now!

WN225900-10M

As Needed

Quincy Garage

954 Hancock Street

Quincy, MA 02170

305/70 R22.5 Accuride

28440-PKBLK21

15 Thursday

Southampton Garage

230 Southampton St

Boston, MA 02118

305/70 R22.5 Accuride

28440-PKBLK21

20 Thursday

315/80 R22.5 Accuride

28440-PKBLK21

10 Thursday

315/80 R22.5 Wheels Now!

WN225900-10M

10 Thursday

Charlestown Garage

21 Arlington Ave

Charlestown, MA 02155

305/70 R22.5 Accuride

28440-PKBLK21

42 Tuesday and

Friday

Fellsway Garage

465 Salem Street

Medford, MA 02155

305/70 R22.5 Accuride

28440-PKBLK21

14 Tuesday

Lynn Garage

985 Western Ave

Lynn, MA 01905

305/70 R22.5 Accuride

28440-PKBLK21

15 Tuesday

North Cambridge

2375 Massachusetts Ave

Cambridge, MA 02140

305/70 R22.5 Accuride

28440-PKBLK21

16 Friday

305/70 R22.5 Wheels Now!

WN225900-10M

RFP: RFP 10-20 - 8 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

Wheels must be Accuride & Wheels Now! Brands. All Tire & Wheel Assemblies delivered must be complete in every aspect and ready for immediate installation on MBTA buses.

Note: The MBTA has five (5) electric buses that will require aluminum wheel and tire service (on an as-needed basis). The aluminum wheels for these buses must be cleaned prior to reuse. The following is the aluminum wheel type, tire size, and location:

Location Brand Part Number Description Wheel Size Tire Size

Southampton

Garage

230 Southampton St

Boston, MA 02118

Alcoa 886513DD Dura-Bright® &

Dura-Flange®

Wear Protection

Polished on Both

Sides

22.5” x 8.25” 305/70 R22.5

The Contractor must perform pickup and delivery services as needed in addition to regularly scheduled transport services, including weekends, emergency declarations by local, state and federal agencies and in cases of fleet defects involving tires and wheels.

2.3.8 Store Wheels & Tires. Maintain tire and wheel

assemblies at MBTA bus facilities and Contractor’s facility.

Contractor must make tentative arrangements to maintain a safety stock level of 1260 wheels on hand (approximately 12 weeks of supply).

Contractor must maintain the following minimum emergency stock for on-demand delivery:

Tire & Wheel Assembly Minimum Quantities

305/70 R22.5 mounted on 28440-PKBLK21 207

305/70 R22.5 mounted on WN225900-10M 4

315/80 R22.5 mounted on 28440-PKBLK21 10

315/80 R22.5 mounted on WN225900- l0M 10

Note for new Contractors: For transition purposes, Contractor must have the capacity to take delivery at their own facility of approximately four-hundred (400) rehabilitated Tire &

Wheel Assemblies and about six-hundred (600) Unfinished Wheels. The MBTA will arrange the delivery and the Contractor is responsible for providing the labor to unload and store the stock.

2.3.9 Submit Reports. Generate and submit regular digital reports

– i.e. inspection report, tire mileage report, damage report, inventory report (see Document Attachment Exhibit).

2.3.10 Provide Duly Qualified Technical Assistance pertaining to all Tire & Wheel assembly problems and actions to correct.

Bidder shall include in the technical response engineering provisions offered as part of this contract.

RFP: RFP 10-20 - 9 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

2.4 SAFETY REQUIREMENTS

The Contractor must assume responsibility for Subcontractor(s) performing work and services on MBTA property and assets.

Contractor and Subcontractor(s) personnel performing work on MBTA Property must:

1. Report to MBTA Supervision upon arrival and departure of MBTA property.

2. Receive Right of Way (ROW) training and maintain an active MBTA issued Right of Way

(ROW) Safety Certification Card. The training is a prerequisite for issuance of an MBTA

“Contractor Badge” and takes approximately eight (8) hours to complete a two-year certification. The recertification takes approximately four (4) hours.

3. Display an MBTA-issued “Contractor Badge” at all times while performing work or services on MBTA Property.

4. Receive OSHA, US EPA, and MBTA safety training.

5. Wear a safety vest that clearly displays the Contractor company name on the front and back at all times while on MBTA Property. Safety Vests must comply with ANSI/ISEA 107-

2015 Class 2R.

The MBTA, at its sole discretion, may require the Contractor to remove any Contractor or Subcontractor(s) personnel from MBTA property, with or without cause, at the sole discretion of the MBTA.

2.5 WARRANTIES

The Contractor must provide warranties on all New and Used Tire Assemblies and parts. For all new wheels and parts, warranty terms must be equivalent to the warranty provided by the OEM. For all refinished wheels, the Powder Coat System applied will be warrantied from material defects and defects related to processing for a minimum period of six (6) months.

Any expense related to the repair, replacement, or reimbursement of a part or component under warranty will be borne by the Tire Contractor. This includes MBTA labor and overhead expenses to remove and replace any part or component and associated transportation expenses.

Tire Contractor must reimburse the MBTA for parts, labor, overhead, materials, transportation and administrative expenses related to work performed by the MBTA at a rate of $250 per hour.

Warranty terms will not apply to any part or component subjected to misuse, negligence, accident, or repair by another manufacturer.

Tires lost, stolen, damaged by fire, damaged by vehicle-on-vehicle accident, while in the possession of the MBTA or its designated bus manufacturer while in transit within the continental United States, will be borne by the MBTA.

2.6 END OF CONTRACT PROVISIONS

2.6.1 Current Run-Out Period. Under the terms and conditions of the current Tire Leasing contract between the MBTA and the incumbent

RFP: RFP 10-20 - 10 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

Tire Vendor, the MBTA is obligated to complete the “Run-Out Clause” which compels the continued use of Tires supplied by the incumbent

Tire Vendor for 36 months from the termination date of the current Tire

Leasing contract.

The Contractor is responsible for servicing the incumbent Vendor tires to OEM standards. The Contractor must also track and report incumbent tire mileage.

2.6.2 End of Contract Terms of Agreement & Run-Out Option

(1) Upon expiration of the Contract between the MBTA and the Tire Contractor, The MBTA will determine, at its sole discretion, to either pay the Tire Contractor for the unused mileage on each remaining tire casing per the formula below Section 2.6.2(6), or exercise the Run-Out Option in Sections

2.6.2(2-6) below.

(2) The contactor grants the MBTA the following option: upon expiration of the term of this

Agreement, the MBTA has the right to extend the general terms and conditions of the Agreement and use all Tires in the MBTA’s possession on the expiration date, for a period of thirty-six (36) months from the expiration date.

(3) Terms and Conditions: All general terms and conditions of the Agreement will remain in full force and effect during the thirty-six (36) month period, except that the Tire Contractor will be relieved of any service provisions to furnish the MBTA with Tires, materials, equipment and services during the thirty-six (36) month period, unless the parties enter into a new mileage contract.

(4) Rate of Payment: The rate or rates per vehicle mile in effect during the thirty-six (36) month period will be the rate or rates in effect during the twelve (12) month period immediately preceding the commencement date of such thirty-six (36) month period.

(5) Accelerated Use: It is understood, the MBTA will continuously use Tires on the highest mileage routes until the Tires are rendered permanently unfit for service during the thirty-six (36) month period. The new Contractor's Tires will be incorporated onto the MBTA’s Transit Bus Fleet on an “as-needed” basis during the thirty-six (36) month period.

(6) Expiration of Options: Upon expiration of the thirty-six (36) month period, the MBTA will pay for the value of unused mileage remaining on Used Tires (i.e. Tires supplied by the Tire Contractor pursuant to the Agreement) at the rate or rates in effect per BID FORMS (Technical Response Form C:

see Document Attachment).

The amount of unused mileage will be determined in accordance with the following formula:

A = ORIGINAL NEW TIRE COST (Tire Cost at the time it was put into service)

B = ORIGINAL TIRE TREAD DEPTH IN 32NDS

C = COST OF ORIGINAL TIRE TREAD PER 32ND (A/B)

D = 32NDS REMAINING ON THE TIRE DERIVED FROM THE AVERAGE OF (3) MEASUREMENTS

OF THE TREAD AT VARIOUS POINTS ON OR NEAR THE CENTER OF THE TIRE SURFACE, LESS

4/32NDS REQUIRED BY MASSACHUSETTS DPU FOR ALL WHEEL POSITIONS.

RFP: RFP 10-20 - 11 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

FORMULA FOR TIRE COST: A/B = C, then, C x (D-4) = VALUE OF TIRE

2.6.3 Mixed Tire Models on Vehicles during the Run-Out

Period: Rates per vehicle mile traveled will be adjusted in proportion to the quantity of tire models vehicles and the quantity of the Tire Contractor’s tires on vehicles.

2.7 SERVICE LEVEL AGREEMENT

Service Level Agreement

MBTA RFP 151-18

Penalty (per contract year)

1st Incident 2nd – 5th Incident 6th + Incident

Failure to demonstrate a steady uninterrupted inspection rate of all tires in any 60-day period (Section

2.2.1-2)

5% of the Monthly

Service Fee deducted from payment

10% of the Monthly Service Fee deducted from payment

50% of the Monthly Service

Fee deducted from payment

Failure to maintain minimum emergency stock levels (Section 2.2.9)

Written warning 2% of the Monthly Service Fee deducted from payment

10% of the Monthly Service

Fee deducted from payment

Failure to pick up and redeliver road-ready Tires

& Wheel assemblies

(within seven (7) calendar days)

Written warning 2% of the Monthly Service Fee deducted from payment

10% of the Monthly Service

Fee deducted from payment

Failure to reprocess or replace defective parts and components (within five (5) working days)

Written warning 2% of the Monthly Service Fee deducted from payment

10% of the Monthly Service

Fee deducted from payment

Failure to submit complete reports on schedule

Written warning 2% of the Monthly Service Fee deducted from payment

10% of the Monthly Service

Fee deducted from payment

Failure to adhere to the safety requirements

(Section 3)

Written warning 2% of the Monthly Service Fee deducted from payment

10% of the Monthly Service

Fee deducted from payment

RFP: RFP 10-20 - 12 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

2.8 DELIVERABLES

DELIVERABLES

MBTA Transit Bus Tire Lease & Wheel Refinishing Program

Item Deliverable Frequency MBTA Recipient Required

Successful Bidder to provide Company

Contract Manager Once, and as required.

Supervisor of Non-

Inventory Thirty (30) days prior to start of contract.

Successful Bidder to provide list of employees requiring ROW Training.

Once, and as required.

Supervisor of Non-

Inventory Twenty (20) days prior to start of contract.

Successful Bidder develop & review pickup

& delivery schedule.

Monthly Meeting

Supervisor of Non- Inventory

Twenty (20) days prior to start of contract.

Successful Bidder to review tire audit functions.

Monthly Meeting

Supervisor of Non- Inventory

Twenty (20) days prior to start of contract.

Successful Bidder to provide contacts to ensure seamless mounted wheel program.

Once, and as required.

Supervisor of Non-

Inventory Ten (10) Business days prior to start of contract.

Successful Bidder to arrange employee trained & security badges.

Once, and as required.

Supervisor of Non-

Inventory Ten (10) Business days prior to start of contract.

Successful Bidder obtains (200) New

(28440PKBLK21) wheels.

Once

Supervisor of Non- Inventory

Ten (10) Business days prior to start of contract.

Successful Bidder obtains (100) Refinished

(28440PKBLK21).

Once

Supervisor of Non- Inventory

Ten (10) Business days prior to start of contract.

Successful Bidder mounts 176 new (305) tires.

Once

Supervisor of Non- Inventory

Ten (10) Business days prior to start of contract.

Successful Bidder mounts 24 new (315) tires.

Once

Supervisor of Non- Inventory

Ten (10) Business days prior to start of contract.

Successful Bidder obtains 20 new or refinished (WN225900-10M) wheels.

Once Supervisor of Non-

Inventory Ten (10) Business days prior to start of contract.

Successful Bidder mounts (10) new (315) tires.

Once

Supervisor of Non- Inventory

Ten (10) Business days prior to start of contract.

Successful Bidder mounts (06) new (305) tires.

Once

Supervisor of Non- Inventory

Ten (10) Business days prior to start of contract.

Successful Bidder to provide key employee company contact list.

Once, and as required.

Supervisor of Non-

Inventory Seven (7) Business days prior to start of contract.

Successful Bidder Contract Manager presentation on status of deliverables.

Once a week for first four weeks.

Supervisor of Non- Inventory

Seven (7) Business days prior to start of contract.

Successful Bidder must have emergency stock of mounted tires.

Continuous

Supervisor of Non- Inventory

First day & throughout term of contract.

Successful Bidder Begins Fleet Tire Audit

Program.

Continuous

Supervisor of Non- Inventory

First day of contract.

Deliveries start at 6:00 am, Quincy after 8:00, Lynn after 8:30 am.

Continuous Supervisor of Non-

Inventory First day of contract.

RFP: RFP 10-20 - 13 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

3. BIDDER INSTRUCTIONS AND PROCUREMENT PROCESS

Unless specifically stated otherwise in this RFP, Bidder must submit changes to Bidder’s designated representative and any other communications in to the MBTA’s Point of Contact via COMMBUYS. The

MBTA’s Point of Contact is Rob Weiner, rweiner@mbta.com.

When submitting a Bid, the Bidder must identify to the MBTA’s Point of Contact its own Designated

Representative to act on behalf of the Bidder relating to this procurement.

4. BIDDERS CONFERENCE

The MBTA will hold a pre-bid teleconference conference on Tuesday, January 23, 2020, 11AM (EST).

Bidders are advised to notify Rob Weiner, rweiner@mbta.com if attending the pre-bid teleconference. Dial in: 218-339-7800 access code: 5814378. The MBTA reserves the right to hold one or more Bidders’ conferences with all Bidders at any time prior to the Response Date. The MBTA will provide written notice of any additional Bidders’ conference via the MBTA COMMBUYS.

Each Bidder, by submittal of its Response, acknowledges the opportunity to attend any Bidders’ conference, if held, was offered to all Bidders, and waives any right to challenge this procurement based on its attendance at, or failure to attend, a Bidders’ conference.

Each Bidder is encouraged to attend Bidders’ conferences, if held, with appropriate members of its proposed staff, and if requested by the MBTA, senior representatives of proposed team members identified by the

MBTA. Nothing stated at any Bidders’ conference or included in a written record or summary of a Bidders conference will modify this RFP or any other part of the RFP unless it is incorporated in an addendum issued.

5. PROCUREMENT METHOD

This RFP is issued pursuant to the following laws and regulations: 801 CMR 21.00.

Bidder shall be responsible for making itself fully aware of, complying with, and in its Response addressing the impact of and compliance with all applicable laws and regulations.

This RFP will be launched and managed via COMMBUYS. Instructions for log-in and use of

COMMBUYS are described in http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx. Bidders may also contact the COMMBUYS Helpdesk at

COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 a.m. to 5:00 p.m. Monday through Friday (Eastern Time), except on federal, state, and Suffolk county holidays.

It is the responsibility of Bidders to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s Designated Representative and to monitor that email inbox for communications from the MBTA, including responses to Bidder questions. The MBTA and the

Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with Bidder’s computer, network, or internet service provider (“ISP”) cause email communications sent to or from Bidder and the MBTA to be lost or rejected by any means including email or spam filtering.

Bidder shall review and study all documents thoroughly and report any discrepancies, omissions, technical queries, or other clarifications via COMMBUYS.

mailto:rweiner@mbta.com http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx mailto:COMMBUYS@state.ma.us

RFP: RFP 10-20 - 14 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

Questions and clarification requests submitted by Bidder will, together with MBTA’s response be made available to all Bidders via COMMBUYS.

6. RFP CALENDAR AND DELIVERY INSTRUCTIONS

Bidder is required to prepare and submit all required documents to MBTA electronically via

COMMBUYS with COMMBUYS #BD- 19-1206-4000-4000-47352 and RFP# RFP 10-20 indicated in the Subject Line of each communication.

The MBTA anticipates carrying out the procurement process in accordance with the schedule noted in the table below. All times are local Boston, Massachusetts, USA, times unless otherwise indicated. The schedule is subject to modification at the sole discretion of the MBTA. Bidders will be notified of any change by an addendum to this RFP.

TABLE: RFP CALENDAR

Procurement Activity Date Time

RFP issued 1/15/2020

Pre-bid conference 1/23/2020 11:00 a.m.

Site Visit – Upon Request

Deadline for submission of Proposer questions via

COMMBUYS

1/30/2020

2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

2/6/2020

2:00 p.m.

RFP Submission Deadline 3/10/2020 2:00 p.m.

Bidder presentations at MBTA (estimated) 3/31/2020

Contract Execution (estimated) 4/30/2020

Service Start Date (estimated) 6/1/2020

7. EXAMINATION OF RFP

Each Bidder shall be solely responsible for examining, with appropriate care and diligence, the RFP, including RIDs and any addenda and material made available to Bidders by the MBTA, and for informing itself with respect to any and all conditions that may in any way affect the amount or nature of its Response, or the performance of the Contractor’s obligations under the Contract with the MBTA. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and the MBTA will provide no relief for any error or omission.

The submission of a Response shall be considered prima facie evidence that the Bidder has made the above-described examination and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the Contract.

8. RULES OF CONTACT

Starting on the date the RFP is issued and ending on the earliest of (a) the award and execution of the

Contract, (b) rejection of all Responses by the MBTA, or (c) cancellation of the procurement, the following rules of contact shall apply. These rules are designed to promote a fair and unbiased procurement process.

Contact includes face-to-face, telephone, email, or formal written communication.

mailto:rfpresponse@mbta.com

RFP: RFP 10-20 - 15 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

The specific rules of contact are as follows:

i. No Bidder, or any of its team members, may communicate with another Bidder or its team members with regard to this RFP or either team’s Response, except that subcontractors that are shared between two or more Bidder teams may communicate with their respective team members so long as those Bidders establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams. This prohibition does not apply to public discussions regarding the

RFP at any MBTA sponsored Bidders’ conferences.

ii. No Bidder or representative thereof shall have any ex parte communications regarding the RFP, the Contract, or the procurement described herein with any member of the MBTA’s Fiscal and

Management Control Board (“FMCB”), the Massachusetts Department of Transportation

(“MassDOT”) Board of Directors, or with any MassDOT or MBTA staff, advisors, contractors, or consultants involved with the procurement, except for communications expressly permitted by the

RFP or except as approved in advance at the MBTA’s Point of Contact’s sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFP, Contract, or procurement or from participation in public meetings of the

MBTA FMCB or MassDOT Board of Directors or any public or Bidder workshop related to this

RFP.

iii. The Bidders shall not contact employees and/or representatives of the MBTA outside the rules governing this RFP, the Contract, or the procurement.

iv. Any communications determined by the MBTA, in its sole discretion, to be improper may result in disqualification.

v. Any official information regarding this RFP will be disseminated from the MBTA’s Point of

Contact via COMMBUYS.

vi. The MBTA will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein.

9. CLARIFICATIONS OF SPECIFICATIONS, QUESTIONS AND ANSWERS

Bidders shall review the RFP and any addenda issued by the MBTA prior to the Response Date, and request written clarification or interpretation of any perceived discrepancy, deficiency, ambiguity, error, or omission contained therein, or of any provision which the Bidder fails to understand or to which the Bidder is suggesting a change. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be provided by the MBTA. Bidders shall submit, and the MBTA will respond to, questions and requests for written clarification in accordance with this Section 9.

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by Bidder through the “Bid Q&A” tab in COMMBUYS. Such comments and questions may be submitted at any time prior to the applicable date specified in Section 6 or such later date as may be specified in any addendum and shall: (i) identify the document; (ii) identify the relevant section number and page number) or, if it is a general question, indicate so; and (iii) not identify the Bidder in the body of the question or contain proprietary or confidential information. Questions submitted in any other format or method than that described above will not be considered.

Responses to requests for clarification or questions will be provided in writing and issued by the MBTA’s

Point of Contact via the COMMBUYS. In addition, the MBTA reserves the right to, in its sole discretion, not answer all questions submitted by Bidders.

It is the Bidder’s responsibility to verify the MBTA’s receipt of questions and clarification requests.

RFP: RFP 10-20 - 16 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

10. RFP ADDENDUM

The MBTA reserves the right to issue addenda to the RFP after initial publication.

The MBTA will not be bound by, and Bidders should not rely on, any oral communications regarding the

RFP. Use of any information gathered or received from other agencies or entities shall be at the Bidder’s own risk. Only information verified in writing by the MBTA will be considered reliable.

It is each Bidder’s responsibility to check the COMMBUYS for any addenda and any Bid Q&A records related to this RFP. The MBTA and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit their Response based on an out-of-date RFP or on information received from a source other than the COMMBUYS.

The Bidder shall acknowledge in its Technical Proposal Cover Letter (see Enclosure 1) receipt of all addenda and question and answer responses. Failure to acknowledge such receipt may cause the Response to be deemed non-responsive and be rejected.

11. MBTA STANDARD CONTRACT AND TERMS & CONDITIONS

The MBTA does not encourage attempts to negotiate the Section 31.0 Massachusetts Bay

Transportation Authority Standard Contract Terms & Conditions. Many of these provisions are required by law; others are longstanding MBTA policy / practice. Accordingly, Bidders / proposers should only redline or object to provisions that they find absolutely unacceptable. Any rejection or modification of these provisions may disqualify a Bid / proposal as being non-responsive or non-compliant.

12. CONFIDENTIALITY / PUBLIC INFORMATION ACT DISCLOSURE REQUESTS

Disclosure Waiver

Each Bidder, by submitting a Response to the MBTA in response to the RFP, consents to the disclosures described in this RFP, including this Section and all other disclosures required by law, and expressly waives any right to contest, impede, prevent, or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing, or delaying such disclosure, under Mass. Gen. Laws, ch. 66 (the

Massachusetts Public Records Law or “Public Records Law”) or any other law relating to the confidentiality or disclosure of information. Under no circumstances will the MBTA be responsible or liable to a Bidder or any other party as a result of disclosing any such materials. Each Bidder hereby further agrees to assist the MBTA in complying with these disclosure requirements.

Public Disclosure of Response Documents

After execution of the Contract, or in the event that the procurement is cancelled by the MBTA, the MBTA shall have the right to publicly disclose any and all portions of all the Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 12 unless otherwise required by law.

Disclosure Process for Requests Under the Public Records Law

All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic disks, and other graphic and visual aids submitted to the MBTA during this procurement process, including as part of the response to this RFP, become the property of the MBTA upon their receipt by the MBTA and will not be returned to the submitting parties. Except as provided in the Public Records Law, all materials submitted to the MBTA are subject to release as public records. Bidders shall familiarize themselves with the provisions of the Public Records Law. In no event shall the MBTA, or any of their agents, representatives, consultants, directors, officers, or employees, be liable to a Bidder or Bidder team member for the disclosure of all or a portion of a Response or related information submitted during this procurement.

RFP: RFP 10-20 - 17 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

If a Bidder has special concerns about information which it desires to make available to the MBTA but which it believes constitutes a trade secret, proprietary information, or other information excepted from disclosure, such responding Bidder shall specifically and conspicuously designate that information by placing “TRADE SECRET - PROPRIETARY” in the header or footer of each such page affected and by identifying such trade secret, proprietary information in the Technical Proposal Cover Letter (see

Enclosure 1). Nothing contained in this provision shall modify or amend requirements and obligations imposed on the MBTA by the Public Records Law or other applicable law. The provisions of the Public

Records Law or other laws shall control in the event of a conflict between the procedures described above and the applicable law.

If the MBTA receives a request for public disclosure of all or any portion of a Response or its related information that is designated as ”trade secret - proprietary,” the MBTA will endeavor to use reasonable efforts to notify the applicable Bidder of the request. The Bidder can assert, in writing and at its sole expense, a claimed exception under the Public Records Law or other applicable law, within the time period specified in the notice issued by the MBTA and allowed under the Public Records Law. The Bidder can choose to defend any action seeking release of the records it believes to be confidential information. The

Bidder shall indemnify, defend, and hold harmless the MBTA and its agents and employees from any judgments awarded against the MBTA and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives the

MBTA’s cancellation or termination of this procurement or award and subsequent execution of a Contract.

In submitting a Response, the Bidder agrees that this indemnification survives as long as the trade secret, proprietary information is in the possession of the MBTA.

The MBTA shall not under any circumstance be responsible for securing a protective order or other relief enjoining the release of information marked “trade secret – proprietary” in any Response, nor shall the

MBTA be in any way financially responsible for any costs associated with securing any such order or for any loss associated with the release of information marked “trade secret – proprietary” or otherwise.

13. BUSINESS CONDUCT

All Responses submitted by a Bidder to the MBTA shall be made without collusion with any other

Bidder(s) submitting a Response to this RFP.

Bidder shall not directly or indirectly, in relation to this RFP, give, promise, attempt to give, or approve or authorize the giving of anything of value, including by transferring all or part of the remuneration payable under any Contract, to:

a) any person employed or representing the MBTA;

b) any other person, including any public official;

c) a political party or a labor union controlled by any governmental authority or political party; or

d) a charitable or other organization, or an officer, director, or employee thereof, or any person acting directly or indirectly on behalf of the same for the purpose of (i) securing any improper advantage for either Bidder or the MBTA; (ii) inducing or influencing a public official improperly to take any action or refrain from taking any action in order for either Bidder or the MBTA to obtain or retain business, or to secure the direction of business to either

Bidder or the MBTA, or (iii) inducing or influencing a public official to use his or her influence with any governmental authority or public international organization for any such purpose.

14. COLLUSION

The Bidder understands that any Bid submitted to the MBTA is made without collusion with any other

Bidder submitting a Bid on the same commodity / service, and is in all respects fair and without fraud.

RFP: RFP 10-20 - 18 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

15. PRICES

Each Bid must contain an all-inclusive unit price(s) / rate(s) or lump sum price, extended price(s), and the grand total of the Bid. Bidders shall submit their pricing using Form C: RFP Pricing Form – document attachment. The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period. Pricing for items not on bid list must be approved prior to commencement of work.

16. ACCEPTANCE PERIOD

The Authority requires a minimum Acceptance Period of at least one hundred and eighty (180) calendar days. In case the MBTA requires an extension, the MBTA will notify all Bidders accordingly. “Acceptance

Period” for purposes of this solicitation means the number of calendar days available to the MBTA for awarding a contract based on the Due Date specified in this solicitation for receipt of Bids.

17. PRE-CONTRACTUAL EXPENSES

The MBTA shall not be liable for any pre-contractual expenses incurred by the Bidder in the preparation of its proposal. The Bidder shall not include any such expenses as part of its proposal. Pre-contractual expenses are defined as expenses incurred by the Bidder including but not limited to preparing its Bid in response to this solicitation, submitting its Bid to the MBTA, negotiating with the MBTA any matter related to this Bid, inspection, testing, shipping, and return shipping of proposed goods samples, or any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement.

18. TAX EXEMPTION

The MBTA is exempt from Federal Excise Tax, including Transportation Tax, and will furnish properly executed tax exemption certificates upon request. The MBTA is also exempt from Massachusetts State

Sales Tax — Exemption Number E-042-323-989. Such taxes should not be included in Bid prices.

The Bidder alone shall be responsible for payment of all federal, state and local taxes of all types and kinds applicable to such fees incurred under this Agreement.

19. INSURANCE

MBTA Minimum Insurance Requirements The Contractor shall carry and maintain, throughout the term of this Contract, including any extensions thereof, all insurance required under this section.

A. Commercial General Liability Insurance The Contractor shall carry and maintain Commercial General Liability Insurance covering all operations by or on behalf of the Contractor on an occurrence basis against claims for bodily injury, property damage

(including loss of use), personal injury and advertising injury with limits not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Terms and conditions for required insurance shall include:

1. Policy Endorsement deleting any exclusion for work within 50 feet of rail.

2. Required insurance coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of

Massachusetts and having a Best's rating of A- or better.

3. Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice in the event of any cancellation.

RFP: RFP 10-20 - 19 - COMMBUYS #: BD- 19-1206-4000-4000-47352

Project Name: Lease and Service of Transit Bus Tires, And, Inspection, Cleaning and Refinishing of Used Transit Bus Wheels

4. Commercial General Liability shall be written on an occurrence basis form, as opposed to a claim made basis form.

5. All such insurance as is required of the Contractor shall be provided by or on behalf of subcontractors to cover their operations performed.

6. At the inception date of this contract and throughout the term of the Contract, the MBTA shall be provided with certificates of insurance with MBTA named as additional insured and evidencing that such insurance policies, including required limits and sub limits are in place and provide coverage as required.

B. Automobile Liability Insurance The Contractor shall carry and maintain Automobile Liability Insurance covering the use of all vehicles:

owned, leased, hired and non-owned, with limits not less than $1,000,000 combined single limit.

1. Required insurance coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of

Massachusetts and having a Best's rating of A- or better.

2. Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice…