RFB 2022-53 Tire Leasing.pdf

CITY OF GREEN BAY

REQUEST FOR BIDS

RFB #: 2022-53

Title: TIRE LEASING

City Agency: GREEN BAY METRO TRANSIT

Due Date: November 8, 2022

CC:

2:00 PM CT

97581

REQUEST FOR BIDS RFB # 2022-53

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 Sample Contract for Purchase of Services

1.8 Multiple Bids

1.9 City of Green Bay Contact Information

1.10 Inquiries, Clarifications, and Exceptions

1.11 Addenda

1.12 Bid Distribution Networks

1.13 Oral Presentations/Site Visits/Meetings

1.14 Acceptance/Rejection of Bids

1.15 Withdrawal or Revision of Bids

1.16 Subcontracting or Third Party Payments

1.17 Non-Restrictive Specifications and Vendor Alternates

1.18 Non-Material and Material Variances

1.19 Public Records

1.20 Contract Quantities

1.21 Usage Reports

1.22 Partial Award

1.23 Tax Exempt

1.24 Cooperative Purchasing

1.25 Bidders Responsibility

1.26 Protest Process

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Approximate Specifications

APPROXIMATE SPECIFICATIONS

2.2 Vendor Requirements

2.3 Insurance Requirements

3 REQUIRED INFORMATION AND CONTENT FOR SUBMITTAL OF BIDS

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Bid Offer Form

Form E: References

Appendix A: Standard Terms & Conditions

Appendix B: Contract for Purchase of Services

Federal Clause Signed Forms: Government- Wide Debarment and Suspension

Pages 10-14 completed.

1 NOTICE TO BIDDERS

1.1 Summary

The City of Green Bay Metro Transit (“City”) is soliciting Bids from qualified vendors for Tire Leasing 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 date and time indicated below. The City will reject all late Bids:

RFB Issue Date: October 12, 2022

Questions Due Date: October 20, 2022 Addendum Posted Date: October 25, 2022

Due Date: November 8, 2022 2:00 PM CT Projected Recommended Award at Transit Commission on 11/16/22

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.

Complete and return Forms A through E and any mandatory forms to City of Green Bay Purchasing Department with your submittal.

1.4 Labeling

All Bids must be clearly labeled:

Bidder’s Name and Address

RFB #: 2022-53

Title: Tire Leasing

All email correspondence must include RFB 2022-53 in the subject line.

1.5 Delivery of Bids

Delivery of hard copies via U.S. Mail or Common Carrier – Delivery to:

City of Green Bay Purchasing Department 100 North Jefferson St. Room 101 Green Bay, WI 54301

Delivery of hard copies to: City of Green Bay Purchasing Department 100 North Jefferson St. Room 101 Green Bay, WI 54301

Delivery of electronic copy to: via eBidding platform on DemandStar (see section 1.12) or on a commonly used media with the hard copies. Emailed or faxed bids will not be considered.

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

Note: When mailing your response via a third party delivery service, the outside of the packaging MUST be clearly marked with the RFB name and number. This ensures that the bid can be delivered to the correct purchasing agent without having to open the bid.

1.6 Appendix A: Standard Terms & Conditions

Bidders are responsible for reviewing this attachment prior to submission of their Bids. City of Green Bay Standard Terms and Conditions are the minimum requirements for the submission of Bids.

1.7 Sample Contract for Purchase of Services

Bidders are responsible for reviewing this attachment prior to submission of their Bids. The Sample Contract for Purchase of Services shall serve as the basis of the contract resulting from this RFB. The terms of this template contract shall become contractual obligations following award of the RFB. By submitting a Bid, Bidders affirm their willingness to enter into a contract containing these terms. (applicable only to bids for services)

The City of Green Bay utilizes a web based electronic signature program (Adobe Sign) for the execution of contracts that do not require notarization. By submitting your bid you are agreeing to the use of this program to sign documents should you receive an award. There is no cost to the bidder associated with this process.

1.8 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.

1.9 City of Green Bay Contact Information

The City of Green Bay Purchasing Department administers the procurement function:

Diane Kruse CPM; C.P.I.M.

Purchasing Department 100 North Jefferson St. Room 101 Green Bay, WI 54301

PH: (920) 448-3051

FAX: (920) 448-3050

purchasingag@greenbaywi.gov

Contacting City staff outside of the Purchasing Department regarding this RFB without written consent from the Purchasing Department may result in your bid being rejected.

1.10 Inquiries, Clarifications, and Exceptions

Bidders are to raise any questions they have about the RFB document without delay. Direct all questions, in writing, to the Purchasing Department Buyer listed in Section 1.9.

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 1.11 below. Bidders are strongly encouraged to check for addenda regularly.

Bids should be as responsive as possible to the provisions stated herein. A prospective vendor may take “exception” to bid terms, conditions, specifications and dates stated within the bid package. However, the City mailto:purchasingag@greenbaywi.gov of Green Bay reserves the right to disqualify any and all bids submitted which include exceptions, if deemed not in the City’s best interests.

1.11 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 1.12 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.

1.12 Bid Distribution Networks

The City of Green Bay 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: National bid network – Free subscription is available to access Bids from the City of Green Bay 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.

Home Page: www.demandstar.com

1.13 Oral Presentations/Site Visits/Meetings

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.

1.14 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). Any bids submitted without all required forms as indicated shall be rejected.

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.

1.15 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.

http://vendornet.state.wi.us/vendornet http://www.demandstar.com/

1.16 Subcontracting or Third Party Payments

All subcontracting shall be pre-approved upon award by the City before any work begins. Subcontractors must abide by all terms and conditions of the bid. The prime contractor shall be responsible for all subcontractor(s) work and payment.

1.17 Non-Restrictive Specifications and Vendor Alternates

Specifications are intended to define the general level of quality and performance of this purchase and not to restrict competition. Vendors may offer one or more alternates with lesser or greater features, however the City reserves the right to make its selection based on the best interest of the City. Vendors offering alternates shall submit, with their quote, an itemized comparison with this specification, documenting equivalence for quality, performance, etc. Failure to identify exceptions or deviations in this manner may be a basis to declare the quote as non-responsive. If in your opinion, any of the specifications, terms and conditions of this RFB prevents you from offering a quote, consideration will be given to a Vendor’s request for change.

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 Statutes⎯may 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 bid 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 view⎯until 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 Contract Quantities

The estimated annual quantities identified for each item on the Bid Offer Form are for bid purposes only and are based on historical data. The City does not guarantee to purchase any specific quantity or dollar amount.

Bids that state the City must guarantee a specific quantity or dollar amount may be disqualified.

1.21 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.

1.22 Partial Award

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

1.23 Tax Exempt

The City of Green Bay as a municipality is exempt from payment of federal excise taxes and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID #39-6005458. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be requested through the Purchasing Department. Our tax-exempt number is 008-0000428893-07.

1.24 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.

1.25 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.

1.26 Protest Process

GBM policy requires that all prospective contractors be accorded fair and equal consideration in the solicitation and award of contracts. To that end, any interested party shall have the right to protest alleged inequities in the procurement process and to have its issues heard, evaluated and resolved administratively. “Interested party” is defined as an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by failure to award a contract.

1. Submittal Procedures

An interested party wishing to protest a matter involving a proposed procurement or contract award shall file a written submission to:

Transit Director

901 University Avenue

Green Bay WI, 54302

Protest must be filed by certified mail or other delivery method by which receipt can be verified. Electronic submission of protests will not be accepted.

The protest shall include, at a minimum:

(a) The name and address of the protesting party and its relationship to the procurement sufficient to establish that the protest is being filed by an interested party;

(b) Identity of the contact person for the protestor, including name, title, address, telephone, fax and email addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party.

(c) Identification of the procurement;

(d) A description of the nature of the protest, referencing the portion(s) of the solicitation involved;

(e) Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based;

(f) A compete discussion of the basis for the protest, including all supporting facts, documents or data;

and

(g) A statement of the specific relief requested.

The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the Internet may be referenced to an appropriate link.

Protests shall be submitted in accordance with the requirements of this chapter and any directions included in the solicitation, and shall be addressed to the Transit Director. GBM may decide a protest solely upon the written submission. The protest submission must therefore include all materials necessary to support the protester’s position. Additional or supplemental materials may only be submitted at the request of, or with the permission of, the Transit Director. If the procurement uses federal funds, an informal notice of receipt of a protest must be given to the appropriate regional office of the Federal Transit Administration (FTA). The form of notice may be specified by the regional office.

2. Protests of the Solicitation Process

A protest related to the technical scope or specification, terms, conditions, or form of a solicitation must be received no later than ten (10) working days prior to the date established for opening of bids or receipt of proposals; if the protest addresses an amendment to the solicitation, it must be received no later than ten (10) working days prior to the date established for opening bids or receipt of proposals or five (5) working days after the date of issuance of the amendment, whichever is later; in no event, however, may a protest of this nature be submitted after bids or proposals are received. The protest must conform in all respects to the requirements set forth in Section 1.10.2 above. Upon receipt of such a protest, the Transit Director shall notify all prospective procurement offerors and other known interested parties of the receipt and nature of the protest, and shall post a notice of the protest on GBM’s procurement web page. Unless the Transit Director determines that delay will be prejudicial to the interest of GBM or that the protest patently lacks substantial merit, the solicitation process will be extended pending resolution of the protest. The protest will be considered and either denied or sustained, in part or in whole, by the Transit Director in writing. A written decision specifying the grounds for sustaining all or part of or denying the protest will be transmitted to the protestor prior to the receipt of bids or proposals in a manner that provides verification of receipt. A notice of the decision shall be provided to all parties given notice of the protest, and posted to GBM’s procurement web page. Should the protest be upheld in whole or in substantial part, the contracting officer may either (1) amend the solicitation to correct the document or process accordingly; or (2) cancel the solicitation in its entirety. If the solicitation is amended, the time for receipt of bids or proposals shall be equitably extended to permit all participants to revise their bids or proposals to reflect the decision. If the protest is denied, the solicitation shall proceed as if the protest had not been filed, unless the protester pursues its protest with the Federal Transit Administration (FTA) as defined below, or otherwise appeals the decision of the Transit Director, as defined below. Protests received by GBM after the time periods specified above shall be considered untimely and may be denied on that basis unless the Transit Director concludes that the issue(s) raised by the protest involves substantial prejudice to the integrity of the procurement process.

3. Protests of the Evaluation Process

All bidders/proposers will be notified of the recommended award, upon a determination of GBM staff of a recommendation to be made to the Transit Commission as appropriate. This notice will be transmitted to each proposer at the address contained in its proposal form. Transmittal may be by electronic means or by hard copy. Any proposer whose proposal is valid at the time of the staff determination may protest the recommended award on one or more of the following grounds:

(a) That the recommended award does not meet the requirements of the solicitation;

(b) That the bid or proposal recommended for acceptance does not meet the criteria of the solicitation for award;

(c) That the evaluation process conducted by GBM is improper, illegal, or the decision to recommend award is arbitrary and capricious.

The protest must be received by GBM at the address specified in the solicitation, no later than five (5) calendar days after the date such notification is publicly posted or sent to the bidder or proposer, whichever is earlier. A written decision stating the grounds for allowing or denying the protest will be transmitted to the protestor and the proposer recommended for award in a manner that provides verification of receipt. Such decision shall be final, except as provided in 1.10.5 below or by applicable law or regulation. Upon receipt of a protest of this type, the Transit Director shall notify all offerors and any other known interested parties of the receipt and nature of the protest and request an extension of the validity period of their offers, if appropriate.

Unless the Transit Director determines that delay will be prejudicial to the interest of GBM or that the protest lacks substantial merit, award will be withheld pending disposition of the protest. Should one or more offerors refuse a requested extension of the validity of an offer, the Transit Director may reject such proposal unless it is determined that the protest can reasonably be resolved and the award process continued without need for such extension. Delay in an award shall be considered prejudicial to GBM if:

(a) The equipment, supplies or services are urgently required; or

(b) Failure to make a prompt award will economically or operationally damage GBM.

Should the protest be upheld in whole or in substantial part, the Transit Director may either (1) revise the evaluation process to correct the matter protested; or (2) cancel the solicitation in its entirety. In the event that GBM proceeds with an award for one of the reasons stated above, and the protest is subsequently upheld, the Transit Director shall determine whether the performance of the contract will reasonably permit its termination in order to correct the protested matter. Such termination shall be for the convenience of GBM.

4. Evaluation of Protests

A protest decision should ordinarily be written and published within ten (10) working days of receipt of the protest. The Transit Director may extend the response period if additional time is required to gather and evaluate information necessary for the decision or for other good cause.

Upon receipt of a protest, the Transit Director shall notify parties involved in the procurement as identified above to determine the validity of the protest. A notice of the receipt of a protest should be sent to the FTA regional office, per FTA Circular 4220.1F, Chapter VII, Sec. 1.a(2). Copies of the protest submittal, or portions thereof, may be provided to the notified parties as appropriate. The Transit Director may request additional written information from the protestor or other parties, as necessary to determine the validity of the protest. A formal or informal hearing may be held. If a formal hearing is held, testimony shall be given under oath and a transcript or electronic recording of the proceeding shall be made; the transcript or recording shall be provided to the protestor and made part of the protest record. The Transit Director shall redact from any submission under the protest process information which has been identified as proprietary.

5. Protests Filed with FTA

A protestor may file a protest with FTA only after exhausting all administrative remedies provided by GBM, on the basis described in FTA Circular 4220.1F, Chapter VII, Sec. 1.b. FTA’s review of protests will generally be limited to allegations that (1) GBM does not have or fails to follow its protest procedures; (2) GBM failed to review a complaint or protest; or (3) the issue involves violations of Federal law or regulation. The FTA is not obligated to review any protest. Protests addressing GBM’s DBE program may be submitted to the U.S. Department of Transportation, Office of Small and Disadvantaged Business Utilization, in accordance with 49 CFR Part 26 and guidance issued there under.

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2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Approximate Specifications

a.

APPROXIMATE SPECIFICATIONS

(√) OR

EXCEPTION

1.

CONTRACT SCOPE: The City of Green Bay and Green Bay Metro Transit are requesting bids from qualified vendors for a five (5) year leasing agreement for tires for Green Bay Metro Transit’s fleet of passenger buses.

This contract includes furnishing bus mileage tires for use by Green Bay Metro in its day-to-day operations for a period of five (5) years, plus run-out.

It is Green Bay Metro’s intent to exercise the "Run-out" clause (Section 18) at the contract expiration date, under the terms and conditions of this agreement at the last tire mileage rate, should there be a change in supplier at that time. Any remaining tires after that 36 month "Run- Out" period may be purchased based upon usable rubber remaining as outlined in section (16.b.).

2.

CONTRACT TERM: The contract will commence on January 1, 2023 and expire on December 31, 2027.

3.

FEDERAL REQUIREMENTS: Green Bay Metro Transit is a sub-recipient of Federal Transit Administration funds and as such, must comply with all applicable Federal procurement requirements. Vendors, to be eligible to bid on this contract, must be in compliance with all Federally required and other model clauses contained in this RFB.

Should a mandated FTA regulation be passed which impacts the ability of the Contractor to maintain the pricing structure outlined in the submitted bid, the Contractor and Green Bay Metro will participate in a new pricing structure that is agreeable to both parties.

Should Green Bay Metro exercise its rights to terminate the contract according to the City’s terms and conditions or FTA required clauses. The Contractor will be compensated for the current stock in possession of Green Bay Metro under the terms of the standard run out clause (section 18).

The City and Green Bay Metro Transit do not have authority to make any changes to the Federal Transit Clauses. All requests to amend or make modifications to the FEDERAL

TRANSIT ADMINISTRATION CLAUSES WILL BE DENIED.

4.

AWARD:

This contract will be awarded within sixty (60) days after the bids are opened.

Green Bay Metro and the City of Green Bay reserve the right to award a contract having the lowest five (5) year tire leasing cost based on fixed rate bid or bid that proves to be in the best interest of Green Bay Metro and the City of Green Bay.

5.

GENERAL INFORMATION:

GREEN BAY METRO currently operates a fleet of 36 transit buses, with plans to reduce fleet size to 30 within 12 months, equipped with leased tires, in regular service.

Green Bay Metro’s projected 2023 annual bus miles, 796,893 tire miles. The specific models of buses, in service and tire sizes, currently in use are listed in section (6).

This procurement is subject to financial assistance between the City of Green Bay/Green Bay Metro and the Federal Transit Administration (FTA) and will be made in accordance with their policies.

6.

GENERAL REQUIREMENTS:

All tires furnished under this contract shall be of current design and manufacture. They will conform to all applicable standards of the Tire and Rim Association of America, and the applicable Federal Motor Vehicle Safety Standards for design, operation and safety. Tires will be of a size and type approved by the coach manufacture and the model of buses operated by Green Bay Metro.

Tires supplied under this contract shall be suitable for the following vehicles:

No. of Buses

Year Mfg Model Tire Size Load Range

6 2009 New Flyer D35LF 305/70R22.5 H

10 2011 Gillig G27B102N4 305/70R22.5 H

4 2015 Gillig G27D102N4 305/85R22.5 J

5 2018 New Flyer XCELSIOR 305/70R22.5 H

3 2019 Gillig G27B102N4 305/85R22.5 J

4 2020 Gillig G27B102N4 305/85R22.5 J

4 2022 Gillig G27E102N2 B275/70R22.5 J

Should Green Bay Metro decide to replace the current type tires with that of another design or construction type or should buses procured during this contract require tires of another size or type, rate adjustments will be mutually agreed upon with the lessor, Green Bay Metro and the City of Green Bay. Should an alternate tire size be proposed, vendor is responsible for all costs associated with ensuring accurate milage and bus software changes.

7.

CURRENT TIRE LEASE RATES:

305/85R22.5 - $0.006710/mi.

305/70R22.5 - $0.006514/mi.

B275/70R22.5 - $0.006514/mi.

8.

OUT OF SERVICE MILEAGE: Estimate for out of service mileage is 5,000 miles per year.

(Size breakdown is unknown).

Estimated ten (10) damaged tires per year.

9.

VENDORS SAMPLE LEASE AGREEMENT: The City will review and consider any agreement forms and standard riders submitted with bidder’s proposal as necessary and if mutually agreed upon incorporate into contract.

10.

GENERAL SPECIFICATIONS:

a. Bidder shall furnish new radial tires in sufficient quantity to provide for the operation of Green Bay Metro buses and for the maintenance of a mutually agreed to supply of unmounted spare tires for such operation as determined by the Transit Maintenance Manager.

b. Tires shall be of the type widely used throughout the transit industry and suitable for the conditions of city-type passenger transit service.

c. The tires must also be suitable for sustained operation at the maximum speed capability of the coach, or national speed limit, whichever is lower.

d. Tires furnished by the bidder shall have adequate load carrying capacity to meet or exceed the bus manufactures' GVW. All tires will be rated for speeds up to 65 miles per hour.

e. Tires provided shall be new radial transit approved tires and must not be regrooved, recapped or blemished.

11.

PREVIOUS TIRE RUN-OUT: The City of Green Bay intends to execute a tire Run-out option with its present lessor. Under said terms, the City of Green Bay will continue to use tires in its possession on January 1, 2023, and until such time as those tires are rendered unfit for further service but not to exceed the 36-month run-out period.

12.

TIRE TESTING:

a. The City of Green Bay shall have the privilege of installing tires of other makes or design for test purposes at any time during the term of the contract.

b. Testing of tires will be limited to not more than 5% of total tires in service, not to include spare stock.

13.

LEASED VEHICLES: Should the city of Green Bay lease vehicles during the term of this agreement, those leased vehicles may be supplied with tires belonging to the leased vehicle owner, unless otherwise negotiated between the vehicle owner, Green Bay Metro, and the tire lessor. The City of Green Bay and Green Bay Metro Transit agrees to Notify contractor of such an agreement. Should the City of Green Bay/Green Bay Metro terminate or otherwise lose possession of any of the Leased Vehicles equipped with Contractor’s lease tires, the City is liable to pay for each tire (including spares) as set forth in the contract.

14.

CONTRACT SERVICES AND MAINTENANCE:

a. All tires furnished, under this contract, shall be delivered within 30 days of receipt of written tire order by the Bidder to the Green Bay Metro facility at Bidder’s expense.

The Bidder shall provide sufficient new first run tires to meet the on-going needs of the Green Bay Metro operations, as determined by the Transit Maintenance Manager.

b. Tires are to be warranted as merchantable and free of defects in materials and workmanship during the lease period. All tires shall be new. No used, regrooved, or remanufactured tires are acceptable without written approval from the City Metro Transit Director. Tires which fail in service due to defects in material and/or workmanship, or tires which are damaged in shipment will be the responsibility of the supplier.

c. The City of Green Bay may be purchasing additional/replacement buses during the life of this agreement.

1. If tire size has established pricing in contract, the tire supplier shall deliver suitable tires to a North American bus manufacturer. Otherwise, a tire lease rate for a new size will be mutually agreed to prior to delivering tires.

2. The Contractor will be compensated at the per mile rate for mileage resulting from the delivery of the buses to Green Bay Metro.

3. 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 Green Bay Metro. Tires provided by the Contractor to a North American bus manufacturer on behalf of Green Bay Metro shall be considered leased tires and will be run out under the terms of this contract.

d. If Green Bay Metro sells certain buses from its fleet, the tire supplier will allow the use of scrapped tires for the purpose of the vehicle sale, or sell tires to the Green Bay Metro at a price agreeable, based on remaining tread rubber, or prediction of residual mileage remaining based on average tire mileage.

e. All tires will be delivered with individual brands clearly legible on both sides, for the purpose of mileage tracking and proper record keeping by Green Bay Metro. Green Bay Metro shall furnish the Contractor with monthly odometer readings for all buses.

f. Green Bay Metro shall supply all wheels, maintain tires, mount and dismount tires on wheels and mount tires on vehicles.

g. The Contractor shall furnish all tire supplies such as, but not limited to, valve stems, cores, and caps, all supplies to maintain tires to include, at a minimum patches, plugs, cement, cleaners, mounting lubricants and any necessary special tools that may be required to accomplish repairs.

h. Green Bay Metro will make available a safe and secure area for the storage of spare tires and tires unfit for further service so that such tires may not be subject to damage by the elements.

i. Contractor shall furnish a tire engineer or person of equal qualifications to inspect tire wear, other tire conditions and to assist Green Bay Metro Personnel with any problems associated with the Contractor’s tires. The individual shall be on site at Green Bay Metro a minimum of one day per month.

j. Disposal of all supplier owned tires shall be the sole responsibility of the supplier, and at no cost to Green Bay Metro. Disposal tires should be removed from Green Bay Metro’s facility within one week of inspection by the tire engineer or person of equal qualifications.

k. Title to all leased tires and equipment shall be and remain at all times in Contractor’s name until Contractor receives full payment of all sums due under the terms of the Contract.

15.

DAMAGED TIRES: Damages to tires due to road hazards or damage incurred in the normal operation of buses in revenue service, including, but not limited to running flat, curbing, or misalignment are the responsibility of the tire supplier. No additional charges shall be assessed to Green Bay Metro.

16.

LOST OR STOLEN TIRES:

a. Any tires lost or stolen from buses or the possession of Green Bay Metro or are sold irreparably damaged or destroyed by fire, collision, or accident shall be the responsibility of Green Bay Metro.

b. The remaining mileage shall be prorated by determining the percentage of usable rubber remaining multiplied by cost per 32nd of an inch.

c. If a tire is unavailable for inspection to apply the above formula whether lost, stolen, or otherwise missing, or destroyed by fire, Green Bay Metro shall reimburse the lessor fifty percent (50%) of the value of a similar tire, or valued based on an auditable accounting of the tire's accurate mileage prior to the loss by either party, whichever is less.

17.

BONUS CLAUSE: Green Bay Metro does not require a tire bonus clause and does not intend to consider any bonus clause as a determining factor when evaluating bids.

18.

RUN-OUT CLAUSE: Bidders shall provide a "run-out" clause of thirty-six (36) months for the purpose of wearing out all tires that have been put into service prior to the expiration of this contract. Green Bay Metro Transit reserves the right to keep its existing stock of new tires on the property and use them under the terms of the run-out clause, or, at its discretion, return new, unused tires to the original owner/lessor at the expiration of the current contract should there be a change in supplier or type of tire.

19.

SAFETY CERTIFICATION: Bidders shall furnish written certification that tires furnished under this contract will comply with all applicable Federal, State and Local laws and regulations.

20.

PROPOSED CONTRACTUAL FORMS: If any contractual forms are submitted by the contractor, said forms will be considered so long as they do not violate the intent of the specification requirements, and are subject to negotiation and mutual agreement. In case of a discrepancy between the above, Green Bay Metro and the City of Green Bay bid forms and specifications shall prevail. Contract between the awarded bidder and the City shall include all documents mutually entered into at the time of contract award, specifically including the contract document, the solicitation and the response to the solicitation.

21.

F.O.B. DELIVERED TO GREEN BAY, WI: The bid price must include all freight charges for delivery of all materials to the Green Bay Metro Transit, 901 University Avenue, Green Bay, WI 54302.Tires shall be off loaded onto the floor of the Transit garage. The Title to and ownership of all tires and equipment furnished under this Order shall not pass to the Green Bay Metro Transit upon delivery and/or acceptance but will remain with Vendor unless and until the Green Bay Metro Transit has made complete payment therefore.

22.

TAX EXEMPT: Green Bay Metro Transit is exempt from payment of Federal Excise and Transportation taxes, as well as State of Wisconsin tax on products furnished under this contract. These taxes shall not be included in the bid price.

Green Bay Metro Transit will provide a tax exemption certificate upon request.

2.2 Vendor Requirements

Bidder must be an original manufacturer, or distributor, or dealer authorized by manufacturer with service and repair capabilities for the product.

Bidder must be in the business of Tire Leasing for the past three (3) years.

Bidder must supply references of three (3) firms to which similar products / service have been provided during the past three (3) years to a comparable-sized municipality/ institution or company. If contacted, all of those references must verify that a high level of satisfaction was provided. Use Form E to list references.

2.3 Insurance Requirements

Awarded contractor must provide Risk a Certificate of Insurance and maintain the minimum limits specified for the term of the contract. All policies must be issued with a 30-day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A+, and signed by an authorized agent.

INSURANCE/INDEMNIFICATION REQUIREMENTS FOR CITY OF GREEN BAY

It is hereby agreed and understood that the insurance required by the City of Green Bay is primary coverage and that any insurance or self insurance maintained by the City of Green Bay, GHBA its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. This insurance shall be written for not less than any limit of liability specified herein, or required by law, whichever is greater, notwithstanding that the policy may have lower limits applying elsewhere in the policy. All applicable insurance and endorsements shall be in full force and evidenced prior to commencing work and remain in force until the entire job is completed or the length of time that is specified in the contract.

1. GENERAL LIABILITY COVERAGE

A. Commercial General Liability

(a) $1,000,000 general aggregate

(b) $1,000,000 products - completed operations aggregate

(c) $1,000,000 personal injury and advertising injury

(d) $1,000,000 each occurrence limit

B. Claims made form of coverage is not acceptable.

C. Insurance must include:

(a) Premises and Operations Liability

(b) Blanket Contractual Liability including coverage for the joint negligence of the City of Green Bay, GBHA, its officers, council members, agents, employees, authorized volunteers and the named insured

(c) Personal Injury

(d) Explosion, collapse and underground coverage

(e) Products/Completed Operations

(f) Independent Contractors

2. BUSINESS AUTOMOBILE COVERAGE

A. Minimum Limits - $1,000,000 Combined Single Limit for Bodily Injury and Property Damage each accident

B. Must cover liability for "Any Auto" - including Owned, Non-Owned and Hired Automobile Liability

3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY

A. Must carry coverage for Statutory Workers Compensation and Employers Liability minimum limit of:

$100,000 Each Accident $500,000 Disease Policy Limit $100,000 Disease - Each Employee

4. ADDITIONAL PROVISIONS

* Additional Insured – On the General Liability Coverage, the City of Green Bay, and its officers, council members, agents, employees, and authorized volunteers shall be “Additional Insureds.”

* Endorsement -The Additional Insured and Workers Compensation Subrogation Waiver policy endorsements must accompany the Certificate of Insurance.

* Waiver of Workers Compensation Subrogation - The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of the policy that arises from the work performed by the named insured for or on behalf of the City of Green Bay.

* Notice - City of Green Bay requires written notice of cancellation.

* Acceptability of Insurers - No insurance required hereunder shall be carried with an insurer not authorized to do business in Wisconsin. The City reserves the right to disapprove any insurance company. A minimum AM Best Rating of A-VII is required.

3 REQUIRED INFORMATION AND CONTENT FOR SUBMITTAL OF BIDS

a. Form A- Signature Affidavit

b. Form B- Receipt Forms and Submittal Checklist

c. Form C- Contractor Profile Information

d. Form D- Cost Proposal

e. Form E- References

f. Federal form- Wide Debarment and Suspension

g. Pages 10-14.

Form A: Signature Affidavit

This form must be returned with your response.

In signing Bids/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 Bids/Proposals, that Bids/Proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that Bids/Proposals have not been knowingly disclosed prior to the opening of Bids/Proposals to any other Bidders/Proposers or competitor; that the above statement is accurate under penalty of perjury.

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

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

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

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 N/A

Form B: Receipt of Forms and Submittal Checklist N/A

Form C: Vendor Profile N/A

Form D: Bid Offer Form N/A

Form E: References N/A

Statement of Qualifications (SOQ) if necessary

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Addendum #

Addendum #

Federal Clauses N/A

Federal Clause Signed Forms: Government- Wide Debarment and Suspension

N/A

Completed pages 10-14 N/A

COMPANY NAME

Form C: Vendor Profile

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

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

EMAIL

ADDRESS CITY STATE ZIP

CREDIT CARD

STATE IF COMPANY ACCEPTS PAYMENT BY CREDIT CARD:

The City does not pay service charges.

YES ____ or NO_____

(check one)

Form D: Bid Offer Form

RFB #: 2022-53

This form must be returned with your response.

Prepare the bid offer form 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.

TIRE SIZE – LOAD RATING

305/70R22.5 - H

TIRE SIZE – LOAD RATING

315/80R22.5 - J

YEAR BID PRICE PER TIRE

MILE annual estimated mileage 796,893

BID PRICE PER 1/32”

REPLACEMENT

BID PRICE PER TIRE

MILE annual estimated mileage 796,893

BID PRICE PER 1/32”

REPLACEMENT

2023 $ $ $ $

2024 $ $ $ $

2025 $ $ $ $

2026 $ $ $ $

2027 $ $ $ $

MFGR’S NAME:

TIRE TYPE:

LOAD RATING:

TREAD DEPTH: (Usable 1/32”) (Usable 1/32”)

NEW TIRE COST: $ $

Appendix A City of Green Bay

Standard Terms and Conditions

(STC-Form: 3/5/2020)

General. Throughout this document, "City of Green Bay," "City" and "Purchasing" shall be synonymous and mean the City of Green Bay. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer," “vendor,” and "contractor." The phrases "request for proposal," "request for bids," “request for quotes,” “quote,” "request," "invitation," and "solicitation" shall also be synonymous.

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

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 RFB 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 along with these Standard Terms and Conditions, the City’s request for proposals/bids, the version of the vendor’s response/bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute the entire agreement (“Contract”) 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/bids, the version of the vendor’s response/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.

Bid Selection. 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…