RFB 14060-0-2025-BG.pdf

CITY OF MADISON

REQUEST FOR BIDS

RFB #: 14060-0-2025-BG

Title: Tire Lease

City Agency: Metro Transit

Due Date: Thursday, August 28th, 2025

2:00 PM CST

REQUEST FOR BIDS RFB # 14060-0-2025-BG

Page i

Table of Contents

1 NOTICE TO BIDDERS

1.1 Summary

1.2 Important Dates

1.3 Format

1.4 Labeling

1.5 Delivery of Bids

1.6 Appendix A: Standard Terms & Conditions

1.7 Appendix B: Sample Contract for Purchase of Services

1.8 Affirmative Action Notice

1.9 Multiple Bids

1.10 City of Madison Contact Information

1.11 Inquiries and Clarifications

1.12 Addenda

1.13 Bid Distribution Networks

1.14 Local Vendor Preference

1.15 Oral Presentations/Site Visits/Meetings

1.16 Acceptance/Rejection of Bids

1.17 Withdrawal or Revision of Bids

1.18 Non-Material and Material Variances

1.19 Public Records

1.20 Usage Reports

1.21 Partial Award

1.22 Tax Exempt

1.23 Cooperative Purchasing

1.24 Bidders Responsibility

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Project Overview

2.2 Metro Transit Equipment and Operations

2.3 Definitions

2.4 Furnishing Tires Required

2.5 Services Required

2.6 Delivery

2.7 Loss and Abuse of Tires

2.8 Tires Currently in Use

2.9 Term and Termination

2.10 Determination of Remaining Mileage

2.11 Warranties

2.12 Tire Tests

2.13 Title

2.14 Contingencies

3 REQUIRED INFORMATION AND CONTENT OF BIDS

Form A: Signature Affidavit Form B: Receipt of Forms and Submittal Checklist Form C: Vendor Profile Form D: Cost Proposal Form E: References Appendix A: Standard Terms & Conditions (For submission of bids/in the absence of signed contract) Appendix B: Sample Contract for Purchase of Services

Page ii

1 NOTICE TO BIDDERS

1.1 Summary

The City of Madison Metro Transit (“City”) is soliciting Bids from qualified vendors for Tire Lease. Vendors submitting Bids (“Bidders”) are required to read this Request for Bids (“RFB”) in its entirety and follow the instructions contained herein.

1.2 Important Dates

Deliver Bids no later than the due time and date indicated below. The City will reject late Bids:

Issue Date: Wednesday, August 13th, 2025 Questions Due Date: Tuesday, August 19th, 2025

Answers Posted Date: Friday, August 22nd, 2025 Due Date: Thursday, August 28th, 2025, 2:00 PM CST

1.3 Format

The City will not consider illegible Bids.

Elaborate Bids (i.e., expensive artwork) beyond that sufficient to present a complete and effective Bid, are not necessary or desired.

The City is requesting bids in the following format: electronic. Electronic versions less than 20MB should be emailed to the address in section 1.5.

Complete and return Forms A through E to City of Madison Purchasing Services by Enter the Due Date, 2:00 PM

CST.

1.4 Labeling

All Bids must be clearly labeled:

Bidder’s Name and Address

RFB #: 14060-0-2025-BG

Title: Tire Lease Due: Thursday, August 28th, 2025, 2:00 PM CST

All email correspondence must include RFB #14060-0-2025-BG in the subject line.

1.5 Delivery of Bids

Delivery of electronic copy to: via email to bids@cityofmadison.com

Bids must be delivered as instructed. Deliveries to other City departments and/or locations may result in disqualification.

1.6 Appendix A: Standard Terms & Conditions

Bidders are responsible for reviewing Appendix A, the Standard Terms and Conditions, prior to submission of their bids. Appendix A applies to the submission of bids and in the absence of a signed contract becomes part of the contract terms. Part I of Appendix A provides legal terms relevant only to the submission of bids. Part II of Appendix A provides legal terms that would apply only in the absence of a signed contract.

1.7 Appendix B: Sample Contract for Purchase of Services

Bidders are responsible for reviewing Appendix B, Sample Contract, prior to submission of their bid. A contract in the form of Appendix B will serve as the basis of the contract resulting from this RFP. The resulting contract will control over any different legal terms in this RFP, Appendix A, the proposal, etc. By submitting a proposal, Bidders affirm their willingness to enter into a contract containing the terms found in Appendix B. While the City strives to mailto:bids@cityofmadison.com provide the most appropriate sample contract for this RFP, the City reserves the right to modify the sample form for any resulting contract. The City does not negotiate legal terms prior to award.

1.8 Affirmative Action Notice

If Contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more for the calendar year in which the PO and/or Contract is in effect, Contractor shall file, within thirty (30) days from the PO/Contract effective date and BEFORE RELEASE OF PAYMENT, an Affirmative Action Plan designed to ensure that the Contractor provides equal employment opportunity to all and takes affirmative action in its utilization of applicants and employees who are women, minorities and/or persons with disabilities. A sample affirmative action plan, Request for Exemption forms, and instructions are available at: www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms or by contacting a Contract Compliance Specialist at the City of Madison Affirmative Action Division at (608) 266-4910. Vendors must register for an account to complete the required forms online, here: https://elam.cityofmadison.com/citizenaccess

Contractor shall also allow maximum feasible opportunity to small business enterprises to compete for any subcontracts entered into pursuant to this PO/Contract.

Job postings: All contractors who employ 15 or more employees (regardless of the dollar amount of this contract or their annual aggregate business with the City) must notify the City of all external job openings at locations in Dane County, Wisconsin, and agree to interview candidates referred by the City or its designated organization. Job posting information is available at: http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program. Instructions for contractors: http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf

The complete set of Affirmative Action requirements for this purchase can be found in paragraph 20 of Appendix A – Standard Terms and Conditions and, in Section 13 of Appendix B – Sample Contract for Purchase of Services.

1.9 Multiple Bids

Multiple Bids from Bidders are permitted; however, each must fully conform to the requirements for submission.

Bidders must sequentially label (e.g., Bid #1, Bid #2) and separately package each Bid. Bidders may submit alternate pricing schemes without having to submit multiple Bids.

1.10 City of Madison Contact Information

The City of Madison Enter the City Agency is the procuring agency:

Sara Mejia City of Madison Metro Transit

PH: (608) 261-9961

smejia@cityofmadison.com

The City of Madison Purchasing Services administers the procurement function:

Brittany Garcia Purchasing Services City-County Bldg, Room 407 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703-3346

PH: (608) 243-0529

bids@cityofmadison.com

For questions regarding Affirmative Action Plans please contact:

Contract Compliance Department of Civil Rights City-County Bldg., Room 523 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com

The City employs spam filtering that occasionally blocks legitimate emails, holding them in ‘quarantine” for four calendar days. The contacts listed in this RFB will acknowledge all emails received. Bidders not receiving http://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms http://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms https://elam.cityofmadison.com/citizenaccess/ http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf mailto:bids@cityofmadison.com mailto:dcr@cityofmadison.com acknowledgement within twenty-four hours shall follow-up via phone with specific information identifying the originating email address for message recovery.

1.11 Inquiries and Clarifications

Bidders are to raise any questions they have about the RFB document without delay. Direct all questions, in writing, to the Purchasing Services administrator listed in Section 1.10.

Bidders finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB document shall immediately notify the Buyer and request clarification. In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda – see 1.12 below. Bidders are strongly encouraged to check for addenda regularly.

Bids should be as responsive as possible to the provisions stated herein. Exceptions are not permitted. The City of Madison reserves the right to disqualify any and all bids that are non-responsive or that include exceptions.

1.12 Addenda

In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda to its Bids distribution websites – see 1.13 below. It is the Bidders responsibility to regularly monitor the websites for any such postings. Bidders must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

1.13 Bid Distribution Networks

The City of Madison posts all Request for Bids, addenda, tabulations, awards and related announcements on two distribution networks – VendorNet and DemandStar. The aforementioned documents are available exclusively from these websites. It is the Bidders responsibility to regularly monitor the bid distribution network for any such postings.

Bidders failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City Bidders.

State of Wisconsin VendorNet System:

State of Wisconsin and local agencies bid network. Registration is free.

http://vendornet.state.wi.us/vendornet

DemandStar by Onvia: National bid network – Free subscription is available to access Bids from the City of Madison and other Wisconsin agencies, participating in the Wisconsin Association of Public Purchasers (WAPP). A fee is required if subscribing to multiple agencies that are not included in

WAPP.

Bid Opportunities: www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm

Home Page: www.demandstar.com

To Register: https://www.demandstar.com/app/registration

Please note when registering: Pick the Wisconsin Association of Public Procurement (WAPP) to select all current Wisconsin government agencies.

1.14 Local Vendor Preference

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers.

Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website: www.cityofmadison.com/business/localPurchasing.

1.15 Oral Presentations/Site Visits/Meetings

http://vendornet.state.wi.us/vendornet http://www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm http://www.demandstar.com/ https://www.demandstar.com/app/registration http://www.cityofmadison.com/business/localPurchasing

Bidders may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities available for a site inspection as part of this RFB process. Such presentations, meetings or site visits will be at the Bidders expense.

1.16 Acceptance/Rejection of Bids

The City reserves the right to accept or reject any or all Bids submitted, in whole or in part, and to waive any informalities or technicalities, which at the City's discretion is determined to be in the best interests of the City.

Further, the City makes no representations that a contract will be awarded to any Bidder responding to this request.

The City expressly reserves the right to reject any and all Bids responding to this invitation without indicating any reasons for such rejection(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

1.17 Withdrawal or Revision of Bids

Bidders may, without prejudice, withdraw Bids submitted prior to the date and time specified for receipt of Bids by requesting such withdrawal before the due time and date of the submission of Bids. After the due date of submission of Bids, no Bids may be withdrawn for a period of 90 days or as otherwise specified or provided by law. Bidders may modify their Bids at any time prior to opening of Bids.

1.18 Non-Material and Material Variances

The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the City, it is in the City’s best interest to do so. The determination of materiality is in the sole discretion of the City.

1.19 Public Records

Bidders are hereby notified that all information submitted in response to this RFB may be made available for public inspection according to the Public Records Law of the State of Wisconsin or other applicable public record laws.

Information qualifying as a “trade secret”defined in State of Wisconsin Statutesmay be held confidential.

Bidders shall seal separately and clearly identify all information they deem to be “trade secrets,” as defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information, deemed confidential and sealed, elsewhere in your response.

S. 19.36(5)

(5) TRADE SECRETS. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90(1)(c).

s. 134.90(1)(c)

(c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price information, or the entire contents of any resulting contract. The City will not provide advance notice to Bidders prior to release of any requested record.

To the extent permitted by such laws, it is the intention of the City to withhold the contents of Bids from public viewuntil such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all Bids will be available for review in accordance with such laws.

1.20 Usage Reports

Annually, the successful Bidders shall furnish to City Purchasing usage reports summarizing the ordering history for each department served during the previous contract year. The report, at a minimum, must include each and every item or service ordered during the period, its total quantities and dollars by item/service and in total. The City reserves the right to request usage reports at any time and request additional information, if required, when reviewing contract activity.

1.21 Partial Award

Unless otherwise noted, it will be assumed that Bidders will accept an order for all or part of the items/services priced.

1.22 Tax Exempt

The City of Madison as a municipality is exempt from payment of federal excise taxes (Registration Number 008- 1020421147-08) and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID #39-6005507. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the City website. Our tax-exempt number is ES 42916.

1.23 Cooperative Purchasing

Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a municipality is defined as a county; city; village; town; school district; board of school directors; sewer district; drainage district;

vocational, technical and adult education district; or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts. This is known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The City is not responsible for any contract resulting from a cooperative purchase using this RFB as a basis; they are made solely between the bidders and third party unit of government.

1.24 Bidders Responsibility

Bidders shall examine this RFB and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting contract, as a consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Bidders to fulfill the requirements of the resulting contract.

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Project Overview

The City of Madison, Wisconsin (CITY or City), Metro Transit (METRO) is requesting proposals from qualified firms to provide a mileage-lease agreement on new tires for use by the City of Madison’s bus system. Relevant METRO equipment and operations are set forth below.

The service to be provided is described below. This document is intended to indicate the minimum requirements for the preparation and submission of proposals.

In determining the successful vendor, the CITY is employing the competitive negotiation procurement method. This method acknowledges that in addition to cost, there are other factors that will be considered for determining whose proposal is most advantageous to the CITY’s program. This competitive proposal process is designed to ensure full and open competition.

In summary, the City is specifying a two (2) year fixed-rate contract with two (2) additional extensions of two (2) years each. If both extensions are executed in full the total contract length is six (6) years.

The City is requesting proposals that will help it select the vendor that will be in the best interests of the City. The City is requesting proposals that include information and cost for: new tires with no regrooving or retreading. The City is not interested in regrooving or retreading tires or receiving regrooved or retreaded tires. The contract will also set out procedures for the loss and abuse of tires.

2.2 Metro Transit Equipment and Operations

1. The City is currently provided original tread (new) tubeless type radial tires for use on City buses.

# OF

BUSES

Number Of Tires Per Vehicle

MFGR / MODEL

YEAR

TIRE SIZE

PER VEHICLE ESTIMATED

YEARLY MILES (1/1/24-

12/31/24)

ESTIMATED

YEARLY

TIRE MILES

2 6 Gillig Hybrid Low Floor

2014 305/70R22.5 23,524 282,288

7 6 Gillig Low Floor 2012 315/80R22.5 19,803 831,726

17 6 Gillig Low Floor 2013 315/80R22.5 29,987 3,058,674

15 6 Gillig Low Floor 2015 315/80R22.5 36,980 3,328,200

15 6 Gillig Low Floor 2016 315/80R22.5 40,134 3,612,060

15 6 Gillig Low Floor 2017 315/80R22.5 46,244 4,161,960

14 6 Gillig Low Floor 2018 315/80R22.5 41,465 3,483,060

15 6 New Flyer Xcelsior 2019 305/70R22.5 37,153 3,343,770

3 6 Proterra* 2020 305/70R22.5 1,054 18,972

12 6 New Flyer Xcelsior 2020 305/70R22.5 48,329 3,479,688

15 6 New Flyer Xcelsior 2022 305/70R22.5 53,891 4,850,190

New Flyer Xcelsior

XE60**

2024 305/70R22.5 33,463

20,747,060

In 2025, the CITY expects to operate its fleet of buses approximately 7,600,000 miles. The CITY anticipates operating approximately the same annual miles during the course of this lease agreement, however, some year over year increase may occur, or mileage may be reduced in cases on non-appropriation.

The CITY may at any time add, dispose of, remove from service, or return to service any or all of the buses in its bus fleet.

5. Subsection 2.8, Tires Currently in Use below sets forth relevant details of the “run out” option that the CITY has exercised with its present tire provider.

2.3 Definitions

1. Coaches/Buses mean all rubber tire vehicles intended to carry passengers for hire owned/operated by the City of Madison/METRO TRANSIT System at any time during the term of the contract with CONTRACTOR.

2. Tire means a tubeless original tread (new) commercial radial tire, suitable for urban type transit service in the Madison, Wisconsin area

3. Coach Mile means the number of miles each coach actually operates, whether in regularly scheduled service or not.

4. Lease Rate means rate per tire mile.

Technical terms which have not been specifically defined have the meaning ordinarily given to the term in the tire and transit industries.

2.4 Furnishing Tires Required

1. The CONTRACTOR shall furnish new, original tread tires for use by METRO on the equipment set forth in Section 2 above and subject to Subsection 2.8 Tires Currently in Use. All tires furnished shall meet or exceed all applicable Federal, State and local laws, ordinances, regulations and standards.

2. The tires furnished for the 40- and 60-foot transit coaches shall be radial ply Special Transit Mileage tires, which are currently produced and in ordinary use in mass transit.

3. The tires provided shall include 315/80R x 22.5; 305/70R x 22.5 low profile radial. The load range must meet or exceed load range specifications of the vehicles in service as obtained from manufacturer. Please refer to Subsection 2.2 Metro Transit Equipment and Operations for the listing of vehicles and their estimated annual miles traveled that will operate the aforementioned tires.

4. As established by the U. S. Department of Transportation, at no time shall any tire remain in service on CITY buses with less than 4/32" (front) and 2/32" (rear) of an inch tread depth when measured in a major tread groove. The measurement shall not be made where the tie bars, bumps, or fillets are located. To ensure full compliance with these requirements, the CITY removes tires when the tread depth reaches 5/32" (front) and 3/32" (rear).

5. Blemished tires shall not be furnished by the CONTRACTOR and will not be accepted by the CITY. Blemished tires shall be returned to CONTRACTOR at CONTRACTOR’s expense, unless promptly removed from METRO’s site by CONTRACTOR.

6. All tires furnished by CONTRACTOR shall be capable of safely sustaining a constant traveling speed of 70 MPH.

7. All tires shall have a reinforced side wall with wear indicators that are located at a height that will indicate wear on standard curb heights in the city of Madison. City of Madison curbs are generally Type A & Type H, which have 6” height from the flowline up to the top of the curb and both have a ~2.5” https://www.cityofmadison.com/business/pw/documents/StdSpecs/2025/Drawings/3_06.pdf https://www.cityofmadison.com/business/pw/documents/StdSpecs/2025/Drawings/3_06.pdf https://www.cityofmadison.com/business/pw/documents/StdSpecs/2025/Drawings/3_08.pdf radius on the top corner. Michelin X InCity Z transit tires previously tested by metro transit have proven to meet these specifications. Tires should be compatible with operation at BRT stations in Madison.

8. A separate lease rate shall be negotiated for any other make/model buses not shown in the specifications placed in operation by the CITY during the term of this Agreement, or when CITY requires a different size and/or construction type of tire.

2.5 Services Required

Contractor Responsibilites

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

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

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

4. The CONTRACTOR shall provide, and ensure that an adequate supply is on hand for ready use by the CITY all repair materials, plugs, patches, valve stems, valves, caps, and any other miscellaneous tire repair materials.

5. The CONTRACTOR is responsible for the timely and accurate completion of records of tire mileage, tire transfers (from one position to another on a bus or from one bus to another) and the like on each tire leased. The CONTRACTOR will supply CITY copies of quarterly reports on mileage per tire per size of tire in the CITY's fleet

6. The CONTRACTOR may check all meter results or trip records with the CITY's monthly statement provided under “City Responsibilities” below and may also make an inventory of tires on the CITY's premises or wherever the buses may be found, at any reasonable time.

7. The CONTRACTOR shall brand tires with permanent, individual and unique brand numbers, prior to delivery. The brand numbers shall be specified by the city. The CONTRACTOR will also provide as requested the following reports to the CITY to assure proper record keeping:

a. The complete mileage history of each tire whenever the tire casing is scrapped.

b. The average tire mileage for each specific size of tire in the CITY's fleet based on actual mileage; and

c. A detailed summary report of all damaged or destroyed tires, to include the specific bus numbers and the specific date on which the damage occurred.

8. The CONTRACTOR shall notify and report to the CITY upon immediate receipt (delivery) of all tires to, and prior to shipping any tires from, the CITY's premises. The CITY may inspect and verify the condition of each tire being received or shipped.

9. Six months prior to the end of the Contract, the CONTRACTOR shall provide the CITY with a report of the remaining mileage on all tires, by bus group.

The CONTRACTOR shall furnish at no cost to CITY “No Value Tires” for the sole and exclusive purpose of equipping the CITY’s obsolete or retired vehicles. It is understood that a “No Valve Tire” means any tire furnished under the contract that has been determined by CONTRACTOR as permanently unfit for further service. Title and all other incidents of ownership to the “No Value Tires” shall be transferred from the CONTRACTOR and vested in CITY at the time the CONTRACTOR delivers to CITY. The CITY typically retires fifteen (15) six (6) wheel position coaches annually, however these numbers are estimates only, and the actual number of vehicles retired may vary from year to year.

City Responsibilities

1. The CITY shall be responsible for tire mounting, dismounting, installation and removal from vehicles, and maintenance and repair of the leased tires. In addition, the CITY shall stock an adequate supply of new tread tires to meet its short term usage.

2. The CITY shall keep complete records of tire changes and mileage per bus. By the tenth of each month, the CITY shall furnish the CONTRACTOR with a list of all buses operated during the previous month and the mileage of each bus.

2.6 Delivery

1. If during the term of the contract, the CITY purchases new buses, the CONTRACTOR shall deliver to the bus manufacturer all of the new tires as required. The CITY shall give the CONTRACTOR not less than a thirty (30) day written notification of tire quantities and delivery dates, and the CONTRACTOR shall deliver tires to the North American bus manufacturer or port of demarcation in the quantities and by the date specified by the CITY free of delivery charges.

However, the CITY retains the right to purchase new buses with tires that will remain outside the bounds of this Contract until such time as the tire is replaced with a lease tire. Any tires lost, stolen, or damaged while in the possession of the bus manufacturer, dealer or seller, or while the bus is being delivered shall be paid for by the CITY at CONTRACTOR’s standard wholesale rate.

If any OE buses equipped with leased tires shall be driven overland instead of being shipped, the CITY shall pay the CONTRACTOR the following month for use of such tires at the lease rate in effect.

2. All other tires when ordered by the CITY shall be delivered free of charge to the Madison Metro Maintenance Facilities located at 1101 East Washington Avenue, Madison, Wisconsin 53703 or 3829 Hanson Road Madison Wisconsin 53704 Tire deliveries should be coordinated with the METRO Parts Office.

Deliveries may be made only between the hours of 8:00 am and 2:00 pm weekdays (excluding holidays).

3. Tailgate delivery of tires shall be at the cost of the CONTRACTOR.

4. The CITY shall provide adequate space as determined by METRO for the storage of tires without charge to the CONTRACTOR.

5. The CONTRACTOR shall be responsible for the prompt removal of all tire casings at its own cost when they are no longer fit for service.

2.7 Loss and Abuse of Tires

1. If any tires are lost or stolen from buses or garages or are irreparably damaged or destroyed by fire, collision, or accident, other than cuts, bruises, and the like encountered in normal transit operations, the CITY shall reimburse CONTRACTOR for such tires by paying any mileage remaining thereon at the lease rate then in effect, provided the loss or damage is caused by negligence on the part of the CITY.

2. If the CITY destroys or irreparably injures tires through carelessness, curbing, running flat, improper adjustment of brakes, defective rims or weak wheels or other abuse, then the CITY shall reimburse the CONTRACTOR by paying for any mileage remaining thereon at the lease rate then in effect. The CONTRACTOR shall provide a detailed report monthly of any tires that it deems as unserviceable or non-repairable and thus chargeable under this clause. The report shall include photographic documentation of said damage.

3. Damages caused by normal road hazards, such as nails, spikes, or other sharp objects, in the tread area only, shall be the responsibility of the CONTRACTOR, provided the CITY does not irreparably injure the tire by running it flat. The CONTRACTOR shall promptly provide a replacement tire at its cost upon notice by the CITY of such damage. The CONTRACTOR shall also be responsible for damage or loss to any tires in its custody for the purpose of repair or storage.

4. The CITY agrees to maintain buses' suspension and steering in accordance with bus manufacturers' alignment specifications and keep brakes properly adjusted.

2.8 Tires Currently in Use

1. Under the CITY's previous contract with its present tire vendor, the CITY has an option to purchase the tires currently in use under the previous contract. CONTRACTOR shall purchase from CITY at the same cost (purchase rate per mile) all tires purchased by the CITY from the previous vendor and integrate them into the Lease Agreement between the parties. Such tires shall be purchased where they are and as they are, without any warranties or representations on the part of the CITY of any kind whatsoever, and without any diminutions of any obligations of the CONTRACTOR hereunder in any way. The CITY will control use the tires from the previous contract as practicable, including but not limited to by repairing tires, rotating stock to apply tires to highest mileage operating vehicles, and replacing any tires on vehicles to be sold or disposed of with scrap tires. In the case that CONTRACTOR purchases such tires from CITY, any remaining usable miles on the purchased tires from the previous contract will be paid for by the CITY at the same purchased rate per mile.

2. CITY and CONTRACTOR agree to work in good faith to determine appropriate compensation is provided for goods and services under this section 2.8, which may include adopting an MOU or other agreement between the parties that equitably deals with Metro’s current tire inventory and changeover from the previous contract.

2.9 Term and Termination

1. The term of this agreement shall be two (2) years to begin on October 1, 2025, and expire at midnight on September 30, 2027.

2. The CITY may terminate the contract for default as outlined in Appendix B, Section 25, Default/Termination.

3. The CITY may terminate the contract for convenience as outlined in Appendix B, Section 25, Default/Termination.

4. Upon termination of this agreement under 2.9 (1), (2), (3), the CITY may, at its sole option purchase all tires furnished by the CONTRACTOR, which shall include fully legible copies of all use and maintenance records pertaining thereto, by paying for the mileage remaining on the tires at the lease rate then in effect between the Parties. Payment shall be made within 90 days of the date of termination.

5. In lieu of purchase under Subsection 2.9 (4) hereof, upon giving written notice to the CONTRACTOR at least 30 days prior to termination or in the event there is a change in the CONTRACTOR, the CITY at its sole option may extend this Agreement and continue the use of the tires furnished by the CONTRACTOR for a period of up to 36 months on the conditions set forth below. However, if the CONTRACTOR does not change and the CITY has not elected to purchase the existing tires, the CITY will continue to use the existing tires under the terms of the new contract.

a. The lease rate shall be the rate in effect at contract expiration.

b. The CITY shall continue to use such tires insofar as practicable on its highest mileage runs.

c. If the CONTRACTOR changes, the CONTRACTOR under this contract shall be under no obligation to furnish additional tires or services during such extended period.

6. Upon the expiration of such period the CITY shall purchase such tires, which shall include all use and maintenance records pertaining thereto, by paying for any such mileage remaining on the tires at the lease rate in effect at contract expiration.

2.10 Determination of Remaining Mileage

1. Remaining mileage shall be determined by subtracting the accrued mileage of an individual tire from the average miles of all tires (of that particular tire type) permanently removed from service during the twelve (12) month period (10/1-9/30) immediately preceding the determination. In such determination, tires disposed of under Subsection A.2.7 shall not be included. Experience during the term of the lease Agreement under which tires were furnished to the CITY prior to the entering into of this lease Agreement shall also be utilized in such determination.

2. In the event that the CITY and the CONTRACTOR do not have enough experience to establish the actual average mileage of a particular tire type, the CONTRACTOR shall establish a base average that will be used in place of the actual average. Once an actual average is established, the base average will no longer be used. Tire mileage invoices previously calculated by the base average will be adjusted to reflect the actual average only if the actual average is less than the base average.

2.11 Warranties

1. All tires shall conform to the manufacturer’s specifications and the specifications set forth in the Agreement. Any time that the CONTRACTOR’s tire does not conform to specifications, the CONTRACTOR will remove it and promptly provide CITY with a new tire.

2. All tires shall be maintained and repaired by CITY according to these specifications.

3. All tires shall be free of defects in material and workmanship. All other services and equipment shall be good. Any time that a tire is defective, the CONTRACTOR will remove it and promptly provide CITY with a new tire.

4. All tires shall be suitable for their intended uses.

5. All tires shall not infringe any United States patent.

6. In furnishing the tires and services, the CONTRACTOR shall have complied and maintain ongoing compliance with all laws and regulations set forth in Subsection A.2.1, and all other applicable federal, state, and local laws and regulations.

Without limiting the foregoing warranties under this section or the remedies and obligations in Section 26 of the Purchase of Services Contract, the CONTRACTOR shall pay the CITY the actual costs of repair (both labor and materials) of any damage to buses resulting solely from defects in tire material and workmanship contained in tires furnished by CONTRACTOR in the performance of this Agreement. Such defects include, but are not limited to, improper or inadequate manufacture of new tires.

2.12 Tire Tests

The CITY agrees to use exclusively tires furnished by the CONTRACTOR on buses operated by METRO TRANSIT in Madison, Wisconsin, and the vicinity; except under the terms outlined in Subsection 2.8 and except further that the CITY may utilize up to 10% of its fleet, for test purposes, on tires of other manufacturers.

2.13 Title

Title to all tires furnished hereunder shall be and remain at all times with the CONTRACTOR with the exception of “No Value Tires” outlined in section 2.5 Contractor Responsibilities (10), and the CITY shall take all necessary steps to protect and maintain the title of the CONTRACTOR in and to such tires free and clear of all claims of the CITY, its creditors, or others.

2.14 Contingencies

In addition to any other provisions relating to default, if the CONTRACTOR fails to meet the requirements of the Agreement, after ten (10) days prior written notice by the CITY, the product or service may be procured from any other source by the CITY and, if a greater price than that named in the contract is paid, the reasonable excess price will be charged to and collected from the CONTRACTOR.

3 REQUIRED INFORMATION AND CONTENT OF BIDS

1. Form A - Signature Affidavit

2. Form B – Receipt Forms and Submittal Checklist

3. Form C – Contractor Profile Information

4. Form D – Cost Proposal

5. Form E – References

Rev. 07/28/2016-RFB-FormA-SignatureAffidavit.doc

Form A: Signature Affidavit

This form must be returned with your response.

In signing Proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise take any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit Proposals, that Proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that Proposals have not been knowingly disclosed prior to the opening of Proposals to any other Proposers or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, submitting this Proposals, hereby agrees with all the terms, conditions, and specifications required by the City in this Request for Proposals, declares that the attached Proposals and pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation.

Proposers shall provide the information requested below. Include the legal name of the Proposers and signature of the person(s) legally authorized to bind the Proposers to a contract.

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

Rev. 07/28/2016-FormB-Receipt.doc

Form B: Receipt of Forms and Submittal Checklist

Proposers hereby acknowledge the receipt and/or submittal of the following forms:

Forms Initial to

Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Cost Proposal (excel spreadsheet)

Form E: References

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Addendum #

Addendum #

Addendum #

Addendum #

VENDOR NAME

Rev. 07/28/2016-RFB-FormC-VendorProfile.doc

Form C: Vendor Profile

This form must be returned with your response.

COMPANY INFORMATION

COMPANY NAME (Make sure to use your complete, legal company name.)

FEIN (If FEIN is not applicable, SSN collected upon award) CONTACT NAME (Able to answer questions about proposal.) TITLE

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

AFFIRMATIVE ACTION CONTACT

If the selected contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more, the contractor will be required to file an Affirmative Action Plan and comply with the City of Madison Affirmative Action Ordinance, Section 39.02(9)(e), within thirty (30) days contract signature. Vendors who believe they are exempt based on number of employees or annual aggregate business must file a request for exemption. Link to information and applicable forms:

https://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

ORDERS/BILLING CONTACT

Address where City purchase orders/contracts are to be mailed and person the department contacts concerning orders and billing.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

LOCAL VENDOR STATUS

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website.

CHECK ONLY ONE:

Yes, we are a local vendor and have registered on the City of Madison website under the following category: www.cityofmadison.com/business/localPurchasing

No, we are not a local vendor or have not registered.

https://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers http://www.cityofmadison.com/business/localPurchasing

Rev. 07/28/2016-FormD-CostProposal.doc

Form D: Cost Proposal

Prepare the fee proposal as all inclusive, not-to-exceed, fixed fees:

• All Inclusive – Covers all direct and indirect necessary expenses including but not limited to;

travel, telephone, copying and other out-of-pocket expenses.

• Not To Exceed – The actual fees shall not exceed the amount specified in fee proposal.

• Fixed Fee – All prices, rates, fees and conditions outlined in the proposal shall remain fixed and valid for the entire length of the contract and any/all renewals.

Any pricing increases or additions must be agreed upon in writing by both parties.

Please use excel spreadsheet.

Rev. 06/21/2022-RFB-FormE-References.doc

Form E: References

Please list three references that are NOT from the City of Madison. If you wish to highlight any additional work experience for the City of Madison, please list it on a separate page.

REFERENCE #1 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

CONTRACT PERIOD YEAR COMPLETED TOTAL COST

DESCRIPTION OF THE PERFORMED WORK

REFERENCE #2 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

RFB-FormE-References.doc

REFERENCE #3 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

STC 02.24.2022.docx Page 1

CITY OF MADISON

1. General. Throughout this document, "City of Madison," "City" and "Purchasing" shall be synonymous and mean the City of Madison. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer" and "contractor." The phrases "request for proposal," "invitation for bids," "request," "invitation," and "solicitation" shall also be synonymous.

As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.

2. Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this

Request for Bid/Proposal, except where expressly stated otherwise in the RFP or in a written instrument covering this purchase signed by an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a separate contract is executed it shall constitute the entire agreement and no other terms and conditions, whether oral or written, shall be effective or binding unless expressly agreed to in writing by the City.

If a Separate Contract is not executed, these Standard Terms and Conditions, the City’s request for proposals, the version of the vendor’s bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire agreement.

Order of Precedence: If there is a conflict between this Section A and any terms in the vendor’s accepted bid or proposal, this Section A shall control unless the parties expressly agree to another order of precedence, in writing. If there is a conflict between this Section A and a Separate Contract, the terms and conditions of the Separate Contract shall control.

I. TERMS FOR SUBMISSION OF BIDS: The following section applies to the bid/selection process only.

3. This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her participation in the pre-award process.

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejections(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

4. Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including al l addenda.

5. Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the bidder which are demonstrated to be industry-wide.

6. Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to ful ly complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any items omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in these specifications.

7. Pricing and Discount.

a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price. If an apparent mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

8. F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB Destination Freight Prepaid may disqualify your bid.

9. Award.

a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.

b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part, whichever is deemed in the best interest of the City.

10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the requirements of the solicitation. Being not responsive includes the failure to furnish information requested.

Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into

STC 02.24.2022.docx Page 2 account other business commitments; has a satisfactory…