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CITY OF APPLETON, WISCONSIN

REQUEST FOR QUOTE RFQ VT18-002

TIRE LEASING

VALLEY TRANSIT

Request for Quote (RFQ)

Schedule of Events

April 12, 2018 RFQ issued to vendors

April 15 & 22, 2018 Public advertisement of RFQ

April 27, 2018 Questions from Vendors due (written only)

May 4, 2018 Addendum issued (if required)

May 15, 2018 SEALED

2:00 PM

DUE DATE FOR RFQ VT18-002 (by 2:00 PM CT, opened in Valley Transit

Conference Room)

May 24 , 2018

Projected award notification date pending Transit Commission approval May

23, 2018

FIVE (5) RFQ

Document Sets

Submit FIVE complete sets of all documents. One (1) original and four (4) copies are acceptable. Proposing firms are also requested to provide a CD or USB Flash Drive with an electronic (.pdf) version of their proposal for ease of storage and transmittal between City stakeholders.

Method of submittal SEALED envelope only, by mail, delivery or in person. No fax or email.

Submit five (5) complete sets of documents.

Submit Bids to Debra Ebben

Valley Transit, Administrative Services Manager

801 S. Whitman Ave., Appleton, WI 54914

RFQ VT18-002 – Tire Leasing

Purchasing email and phone

Debra.Ebben@appleton.org or Phone: 920-832-2292

Although every effort will be made to follow this schedule, the City reserves the right to modify the dates as necessary and to accommodate special circumstances. All bids are due by the time specified. Any bid received at the designated location after the required time and date specified for receipt shall be considered late and non responsive.

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CITY OF APPLETON – REQUEST FOR QUOTE

VALLEY TRANSIT RFQ VT18-002

TIRE LEASING CONTRACT

GENERAL CONTRACTUAL INFORMATION AND INSTRUCTIONS TO BIDDERS

Valley Transit, a department of the City of Appleton (City) is requesting your consideration to participate in our

Request for Quote (RFQ). This section lists basic information and instructions. All Vendors are expected to read this section thoroughly to ensure full understanding of the conditions. These are considered general terms & conditions. Specific requirements as stated in the specifications will take precedence over these general terms & conditions. Thank you for the time and effort you put forth in responding. We sincerely look forward to hearing from your company.

QUESTIONS: Vendors are asked to examine this RFQ upon receipt. If necessary, Vendors should make a written request for interpretation or correction of any ambiguity, inconsistency or error discovered. All questions or clarifications shall only be directed in writing via mail, fax or e-mail to the listed Purchasing Agent before to the designated deadline for written questions. Questions received after this date may not be responded to. Any contact or attempt to contact any other employee of the City regarding this RFQ may result in the immediate disqualification of the Vendor. Oral and other interpretations or clarifications will be without legal effect. Only questions answered by formal written addenda will be binding.

ADDENDA: Questions will be responded to in the form of written addenda to all Vendors. It shall be the responsibility of each Vendor, prior to submitting their quote, to determine if addenda were issued. Addenda will be issued electronically via email and posted on the City of Appleton website at:

http://www.appleton.org/business/request-for-proposal-1787. All addenda issued shall become a part of the contract documents and shall be acknowledged and dated on the bottom of the Quote Signature Page.

NON-RESTRICTIVE SPECIFICATIONS AND VENDOR ALTERNATES: Specifications are intended to define the level of quality and performance of this purchase and not to restrict competition. Where certain brands or part number are specified, it is for illustration or to establish a standard of quality (unless ‘No Substitution’ is noted).

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. The City will make the decision based on City personnel if it is an approved equal. Vendors offering alternates shall submit, with their quote, an itemized comparison with this specification, documenting equivalence for quality, performance, etc. ALL SUCH ITEMIZED LISTS SHALL BE

PRESENTED IN THE EXACT SAME ORDER AS THE CITY SPECIFICATIONS AND SHALL REFERENCE THE

CITY ITEM NUMBER. 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 RFQ prevents you from offering a quote, consideration will be given to a Vendor’s request for change.

QUOTATION OPENING: Quotations will be publicly opened and read on the quotation due date and in the

Conference Room noted above, Valley Transit, 801 S. Whitman Ave., Appleton, WI. The time for sealed bid openings is 2:00 pm for quotes issued.

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QUOTATION EVALUATION PROCEDURE: An evaluation team will evaluate and select the low, responsible and responsive quote. A panel interview may be conducted with the vendor(s) to determine the overall best value for the

City based on, but not limited to, company, personnel, references, qualifications and employee training. A supplier’s submission of a quotation constitutes their acceptance of the evaluation technique and their recognition and acceptance the evaluators will use their judgment in making a determination.

AWARD NOTICE: After an award is made, a quotation tabulation summary will be available by email. Quotation results will not be given over the telephone.

APPEALS PROCESS: For the purposes of this section, the following definitions apply:

“Days” refers to the working days of the Federal Government.

“Files” or “submit” refers to the date of receipt by Valley Transit.

“Interested party," means an actual or prospective bidder, offeror, subcontractor, or supplier whose direct economic interest would be affected by the award of the contract or by failure to award the contract.

“Bid” includes the term “offer” or “proposal” as used in the context of negotiated procurements.”

“Federal law or regulation” means the violation of any valid requirement imposed by Federal statute or regulation governing contracts awarded pursuant to a grant agreement. This includes the requirements as stated in FTA Circular 4220.1E.

1. SUBMISSION OF PROTEST

Any interested party who wishes may file a protest at any point in the procurement process, evaluation, award, or post-award.

The protest must contain the name of the protestor, solicitation/contract number or description of the project, and a detailed statement of grounds for protest with any supporting documentation available.

Protests must completely and succinctly state each and every ground for protest in detail, its legal authority for each protest allegation, and the factual basis for such protest. The protest must include all factual and legal documentation in sufficient detail to establish the merits of the protest. Items that are not included shall be deemed waived and uncontested.

All protests must be submitted in writing to:

General Manager

Valley Transit

801 Whitman Avenue

Appleton, WI 54914

2. TIME FOR FILING

Protests relating to the procurement solicitation must be submitted in writing no later than five (5) working days from the date of the first published advertisement.

Protests relating to the evaluation process must be submitted in writing no later than five (5) working days from the postmarked date of written evaluation correspondence sent by the General Manager to the

Provider.

Protests relating to the award must be submitted in writing no later than five (5) working days from the date of the award.

Protests relating to post-award issues must be submitted in writing no later than five (5) working days from the date that the protestor verbalizes the concern to the General Manager.

Requests for reconsideration (if data becomes available that was not previously known, or there has been an error of law or regulation) or appeal to a higher level must be submitted in writing no later than seven (7) working days from the date of the initial determination.

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3. GENERAL MANGER RESPONSE

Upon receipt of a written protest, the General Manager will meet with the protestor within five (5) working days and attempt to resolve the matter informally. If information provided at the conference is to be considered in the protest decision it must be submitted in writing within three (3) days of the conference.

The General Manager will respond in writing within five (5) working days of the meeting to each substantive issue raised in the written protest.

If the protestor is not satisfied and indicates an intention to appeal to the next step, the General Manager will temporarily suspend the procurement process, provided that the protest has been timely filed before award, unless it is determined that:

a. the items to be procured are urgently required;

b. delivery or performance will be unduly delayed by failure to make the award promptly; or

c. failure to make prompt award will otherwise cause harm to Valley Transit.

Each prospective Provider will be advised of the pending protest if the protest is filed before award.

4. DECISION ON PROTEST

The General Manager will issue a written decision regarding the protest within thirty (30) days after the filing of the detailed statement of protest.

5. LOCAL APPEAL PROCEDURE

If the protestor makes a timely appeal of the General Manager's decision the matter will be forwarded to the

Fox Cities Transit Commission for their review.

The protestor will be notified in writing of the date that the appeal will be heard.

The recommendation of the appropriate body will then be forwarded to the Appleton Common Council for ultimate local disposition of the protest.

6. ADDITIONAL APPEALS

If the protest alleges that Valley Transit has failed to follow its written bid protest procedures, the protestor may ask that FTA review the protest in accordance with FTA C 4220.1E.

If the protest alleges violation of a specific Federal requirement that provides an applicable complaint procedure, it may be submitted and processed in accordance with the provisions of that particular regulation.

Alleged violations on all other grounds are under the jurisdiction of the appropriate State or local administrative or judicial authorities and remedy may be sought through them.

TERMINATION OF CONTRACT: The City may terminate the resulting contract at any time by a thirty (30) day’s prior to “notice in writing” from the Valley Transit General Manager to the Vendor. If the City terminates the contract with the Vendor, the Vendor shall be entitled to receive payment for work completed up to the date of notice.

COMPLETE INFORMATION: Vendors shall submit all specifications or requirements included within the provisions of the Contract prior to the quotation opening. Failure to enclose all necessary attachments by the time the quotations are opened may disqualify the Vendor from being awarded the contract.

SUBSTANCE ABUSE PREVENTION: The owner recognizes and supports alcohol & drug free workplace programs as an important element in the national strategy to reduce the devastating effects of drug and alcohol abuse in our society. The owner urges contractors, subcontractors, suppliers and vendors to establish and enforce drug free workplace policies and programs.

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MISCELLANEOUS CONDITIONS

RIGHT TO ACCEPT/REJECT: The City reserves the right to accept or reject any or all quotations or to waive any technicality, and accept any quotation deemed to be in the best interests of the City.

RIGHT TO AWARD ALL OR A PORTION: It is the City’s /Valley Transit’s intention to award a contract for tire leasing in whole to one vendor. But, the City reserves the right to award all or a portion of this request to one or more Vendors on a line item basis. Vendor to indicate any additional discount allowed for award of entire order.

FINANCIAL COMMITMENTS: All financial commitments by Valley Transit are subject to the availability of funds approved by the City and/or Fox Cities Transit Commission.

INCURRING COSTS AND RESERVE RIGHT TO CANCEL: The City will not be responsible for any expenses incurred by any Vendor in the development of a response to this RFQ, including any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to the City and/or its representatives. Further, the City shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended

Vendor even if the Transit Commission has formally accepted a recommendation.

RIGHT TO CANCEL: The City reserves the right to cancel this agreement and any resulting agreement at any time with 30 days prior written notice.

FIRM PRICING: Offered prices shall remain firm for a minimum of 90 days after the due date of this solicitation to allow evaluation and award determination, unless indicated otherwise. Once awarded, prices shall remain firm for the duration of the contract. Prices MUST also be free of federal, state, and local taxes unless otherwise imposed by a governmental body, and applicable to the material on the quotation. The City will provide tax exemption certificates to insure proper invoicing.

STATUTORY INFORMATION: Any contractual agreement resulting from this RFQ shall be construed in accordance with the laws of the State of Wisconsin. Any litigation between the parties arising out of, or in connection with the contract shall be initiated either in the court system of the State of Wisconsin or the

United States District Court for the Eastern District of Wisconsin.

All project participants, consultants, engineers, and Vendors, must comply with all applicable Federal, State and local laws pertaining to contracts entered into by governmental agencies, including non-discriminating employment. Contracts entered into on the basis of submitted quotations are revocable if contrary to law.

It shall be understood any quotation and any/all referencing information submitted in response to this RFQ shall become the property of the City and will not be returned. The City will use discretion with regards to disclosure of proprietary information contained in any response, but cannot guarantee information will not be made public. As a governmental entity, the City is subject to making records available for disclosure.

NONDISCRIMINATION: In connection with the performance of work under this agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, marital status, sexual orientation, sex, disability, national origin or ancestry in accordance with applicable law. This provision must be included in all subcontracts.

ASSIGNMENT OR SUBCONTRACT: Neither party shall assign any right or interest, nor delegate or subcontract any obligation owed without the written consent of the other.

INDEPENDENT CONTRACTOR STATUS: The Contractor agrees it is an independent Contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties.

NON-COMPLIANCE: Submission of a quotation constitutes confirmation your firm is not presently on any lists maintained by the Wisconsin Department of Administration, or any other State or the Federal

Government, for non-compliance with any requirements, including equal opportunity and/or affirmative action.

PATENT INFRINGEMENT: The Vendor shall indemnify and hold harmless the City of Appleton and all persons acting for or on their behalf from all suits and claims against them, or any of them, arising from or occasioned by the authorized use of any material, equipment or apparatus, or any part thereof, in each case owned or supplied by the Vendor which infringes or is alleged to infringe on any patent rights. In case such material, equipment, or apparatus, or any part thereof, in any such suit is held to constitute infringement, the

Vendor, within a reasonable time, will at its expense, and as the agencies may elect, replace such material, equipment or apparatus with non-infringing material, equipment, or apparatus, or remove the material, equipment, or apparatus, and refund the sums paid therefore.

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IR 2.1 SMALL EXPOSURE JOBS

City of Appleton

Insurance Requirements

Project: _____________________________________________

The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable department before the contract or purchase order is considered for approval by the City of Appleton.

It is hereby agreed and understood that the insurance required by the City of Appleton is primary coverage and that any insurance or self-insurance maintained by the City of Appleton, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer.

1. INSURANCE REQUIREMENTS FOR CONTRACTOR

Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General

Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and

Explosion, Collapse, Underground coverage with the following minimum limits and coverage:

• Each Occurrence limit ..............................................................................................$1,000,000

• Personal and Advertising Injury limit ........................................................................$1,000,000

• General aggregate limit (other than products/completed operations) per project ..........................................................................................................$2,000,000

• products/completed operations aggregate ...............................................................$2,000,000

• Fire Damage limit — any one fire................................................................................... $50,000

• Medical Expense limit — any one person ....................................................................... $5,000

• Watercraft Liability, (protection and indemnity coverage) IF the project work includes the use of, or operation of any watercraft ...................................$1,000,000

NOTE: per occurrence for bodily injury and property damage

• Products/Completed Operations coverage must be carried for two years after acceptance of completed work.

Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for bodily injury and property damage, provided on a Symbol #1 – “Any Auto” basis.

Workers’ Compensation as required by the State of Wisconsin, and employers liability insurance with sufficient limits to meet underlying umbrella liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen’s and Harbor Workers Act coverage.

Builder’s Risk/Installation Floater/Contractor’s Equipment or Property (If applicable): The Contractor is responsible for loss and coverage for these exposures. City of Appleton will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors.

2. APPLICABLE TO CONTRACTORS/SUBCONTRACTORS

• Builder’s Risk/Installation Floater/Contractor’s Equipment or Property: The Contractor is responsible for loss and coverage for these exposures. The City of Appleton will not assume responsibility for loss, including loss of use, or damage to property, materials, tools, equipment and items of a similar nature which are being used in the work being performed by the Contractor or its subcontractors or are to be built, installed or erected by the Contractor or subcontractors.

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• Primary and Non-Contributory requirement: All insurance must be primary and non-contributory to any insurance or self-insurance carried by City of Appleton.

• Acceptability of Insurers: Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the State of Wisconsin.

• Additional Insured Requirements: The following must be named as additional insureds on all liability policies for liability arising out of project work: City of Appleton, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 and also include Products –

Completed Operations equivalent to ISO form CG 20 37 07 04 or their equivalents for a minimum of

2 years after acceptance of work. This does not apply to Workers Compensation policies.

• Certificates of Insurance acceptable to the City of Appleton shall be submitted prior to commencement of the work to the applicable department. In addition form CG 20 10 07 04 for ongoing work exposure and form CG 20 37 07 04 for products-completed operations exposure must also be provided or its equivalent. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non-renewed until at least 30 days’ prior written notice has been given to the City of

Appleton.

3. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR

All subcontractors shall be required to obtain commercial general liability (if applicable watercraft liability), automobile liability, workers’ compensation and employers liability, (if applicable aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding umbrella liability, contained in Section 1 above.

The following additional coverages are required where the corresponding box is checked. In addition, Contractor shall be responsible for consulting with its insurance carrier to determine whether any of the other following coverages should be carried based upon the specific project:

☐ Bond Requirements

• Bid Bond: The Contractor’s Bid Bond equal to 5% of the contract shall accompany the bid for the project.

• Payment and Performance Bond: If awarded the contract, the Contractor will provide to the Owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract’s execution.

• Acceptability of Bonding Company: The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI.

• License and Permit Bond: The Contractor will provide to the City a License and Permit Bond in the amount stipulated in Appleton’s Municipal Code.

☐ Property Insurance Coverage to be provided by the Contractor

• The property insurance must include engineering or architect fees and must equal the bid amount, plus any change orders.

• Coverage includes property on the work site/s, property in transit and property stored off the work site/s.

• Coverage will be on a Replacement Cost basis.

• The City of Appleton, consultants, architects, architect consultants, engineers, engineer consultants, contractors and subcontractors will be added as named insureds to the policy.

• Coverage must include collapse and be written on a “special perils” or “all risk” perils basis.

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• Coverage must include water damage (including, but not limited to, flood, surface water, hydrostatic pressure) and earth movement.

• Coverage must include testing and start up.

• Coverage must include boiler and machinery if the exposure exists.

• Coverage must include engineers’ and architects’ fees.

• Coverage must include building ordinance or law coverage with a limit of 5% of the contract amount.

• The policy must cover/allow partial utilization by owner.

• Coverage must include a “waiver of subrogation” against any named insureds or additional insureds.

• Contractor is responsible for all deductibles and coinsurance penalties.

☐ Pollution Liability – Contractors; Motor Vehicle/Automobile; Professional; Environmental

Consultants/Engineers

• Definition of “Covered Operations” in the policy must include the type of work being done for the

City of Appleton

• Limits of Liability:

◦ $500,000 each loss for bodily injury, property damage, environmental damage

◦ $1,000,000 Aggregate for bodily injury, property damage, environmental damage

(environmental damage includes pollution and clean-up costs)

• Deductible must be paid by the Contractor, consultants/engineers

• The City of Appleton, its Council members and employees must be Additional Insureds

• The policy must also cover subcontractors

• Specify if “Wrongful Delivery” is covered

• Must cover motor vehicle loading and unloading and show on Certificate of Insurance

• Certificate of Insurance must state:

◦ If the policy is an Occurrence or a Claims Made Form

◦ If the defense costs reduce the limit of liability

◦ If the policy covers motor vehicle loading and unloading claims

◦ If there is an underground storage tank or a super fund exclusion

◦ If there is a Contractual Liability Exclusion

◦ If Bodily Injury includes mental anguish and emotional distress

☐ Aircraft Liability insurance with a limit of $3,000,000 per occurrence for bodily injury and property damage including passenger liability and slung cargo IF the project includes the use or operation of any aircraft, drone or helicopter.

☐ Watercraft liability protection and indemnity coverage to be provided by the Contractor

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~ QUOTATION SUBMITTAL FORMS ~

FORMAT: Vendor shall complete every space in the ‘Vendors Column’ with a (√) to indicate compliance with specification or (Exception) to indicate any deviation from specification. Any items appearing in the manufacturer’s specifications furnished by the vendor are assumed to be included in this quotation. Note any exceptions to standard manufacturer’s specifications.

COMPLETE REQUIREMENTS: While every effort has been made to ensure the accuracy and completeness of the information in this RFQ, the City recognizes the information is not exhaustive of every detail and all work and materials may not be expressly mentioned in the requirements of this RFQ. Therefore, it is the Vendor’s responsibility to include in their quotation all requirements necessary for the full and faithful performance of the requested goods/services in accordance with the objectives of the City. The goods/services offered shall be complete in every respect inclusive of all design, components, and recommendations for auxiliary equipment, and required maintenance or licensing, etc.

APPROXIMATE SPECIFICATIONS

(√) OR

EXCEPTION

1. CONTRACT SCOPE: Valley Transit, a department of the City of Appleton is requesting bids from qualified vendors for a five (5) year leasing agreement for tires for Valley Transit’s fleet of passenger buses.

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

b) It is Valley Transit’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 June 1, 2018 and expire on May 31, 2023.

3. FEDERAL REQUIREMENTS: Valley 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 RFQ.

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 Valley Transit will participate in a new pricing structure that is agreeable to both parties.

Should Valley Transit exercise its rights to terminate the contract according to the City’s terms and conditions (page 3 – Termination of Contract) or FTA required clauses. The Contractor will be compensated for the current stock in possession of Valley Transit under the terms of the standard run out clause (section 18).

The City and Valley 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.

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4.

AWARD:

a) It is the intent of the City and Valley Transit to award a contract within sixty (60) days after the bids are opened.

b) Valley Transit and the City of Appleton 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 Valley Transit and the City of Appleton.

5.

GENERAL INFORMATION:

a) VALLEY TRANSIT currently operates a fleet of 31 transit buses, equipped with purchased tires, in regular service.

b) Valley Transit’s projected 2018 annual bus miles, 5,660,000 tire miles. The specific models of buses, in service and tire sizes, currently in use are listed in section (6. b.).

c) This procurement is subject to financial assistance between the City of Appleton/Valley

Transit and the Federal Transit Administration (FTA) and will be made in accordance with their policies.

6.

GENERAL REQUIREMENTS:

a) 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 Valley Transit.

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

No. of

Buses

Year Mfgr Model Tire Size Load

Range

5 1994 Orion V 12R22.5 H

16 2004 Orion VII 305/70R22.5 L

4 2005 Orion VII 305/70R22.5 L

2 2010 Arboc Spirit of Mobility

LT225/75R16

All Season E

3 2017 New Flyer X40 305/70R22.5 L

1 2018 Glaval Titan II LF

LT225/75R16

All Season E

c) Should Valley Transit 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, Valley Transit and the City of Appleton.

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7.

CURRENT TIRE LEASE RATES: N/A

8.

OUT OF SERVICE MILEAGE: Estimate for out of service mileage is 40,000 miles per year.

(Size breakdown is unknown).

Estimated number of damaged tires is 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

Valley Transit buses and for the maintenance of a mutually agreed to supply of unmounted spare tires for such operation as determined by the Transit Maintenance

Supervisor

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 shall not be regrooved, recapped or blemished.

11.

PREVIOUS TIRE RUN-OUT: The City of Appleton intends to Run-out its present inventory.

Under said terms, the City of Appleton will continue to use tires in its possession on June 1, 2018 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 Appleton shall retain the right to install 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 Appleton 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, Valley Transit, and the tire lessor. The City of Appleton and Valley Transit agrees to Notify contractor of such an agreement. Should the City of Appleton/Valley Transit 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 Valley Transit facility at Bidder’s expense. The

Bidder shall provide sufficient new first run tires to meet the on-going needs of the

Valley Transit operations, as determined by the Transit Maintenance Supervisor.

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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 Valley Transit

General Manager or designee. 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 Appleton may be purchasing additional/replacement buses during the life of this agreement.

d) 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.

1. The Contractor will be compensated at the per mile rate for mileage resulting from the delivery of the buses to Valley Transit.

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

e) If Valley Transit 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 Valley Transit at a price agreeable, based on remaining tread rubber, or prediction of residual mileage remaining based on average tire mileage.

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

g) Valley Transit shall supply all wheels to Contractor for mounting.

h) The Contractor shall mount and dismount tires from wheels. The Contractor shall perform all tire repairs and 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.

i) Valley Transit 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.

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

k) Disposal of all supplier owned tires shall be the sole responsibility of the supplier, and at no cost to Valley Transit.

l) 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

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16.

LOST OR STOLEN TIRES:

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

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, Valley Transit 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: Valley Transit 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 36 months for the purpose of wearing out all tires that have been put into service prior to the expiration of this contract.

Valley 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, Valley Transit and the City of Appleton 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.

PROPRIETARY INFORMATION FORM: See Attachment “A” (page 15). This form must be filled out, signed and returned with the vendor’s bid, if applicable.

22.

F.O.B. DELIVERED TO APPLETON, WI: The bid price must include all freight charges for delivery of all materials to Valley Transit, 801 S. Whitman Avenue, Appleton, WI 54914.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 Valley Transit upon delivery and/or acceptance but will remain with Vendor unless and until Valley Transit has made complete payment therefore.

23.

TAX EXEMPT: Valley 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.

Valley Transit will provide a tax exemption certificate upon request.

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24.

PAYMENT: Payment will be made Net 30 days from receipt of monthly invoice.

25. REFERENCES: Vendors are to include a list of THREE (3) municipalities or customers to be used as references. These references should be current customers utilizing services similar to those requested. The City may make such investigation as is necessary to determine the ability of the Vendor to fulfill service requirements.

1. Company Name:

Address:

Telephone:

Contact Person:

E-mail address:

Product(s) and/or Service(s) Used:

How long have you been working with this company?

2. Company Name:

Telephone:

Contact Person:

E-mail address:

3. Company Name:

Telephone:

Contact Person:

E-mail address:

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PRICING & SIGNATURE PAGE

TIRE LEASING – VALLEY TRANSIT

CITY OF APPLETON – RFQ VT18-002

The undersigned, on behalf of the Vendor, certifies: (1) this offer is made without previous understanding, conflict of interest, agreement or connection with any person, firm, or corporation making a quotation on the same project; (2) is in all respects fair and without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the firm in whose name the quotation is entered; (4) they have read the complete Request for

Quotation and understand all provisions to perform the work required by the proposed purchase contract documents referred to therein (as altered, amended or modified by addenda); (5) if accepted by the City, this quotation is guaranteed as written and will be implemented as stated; and (6) mistakes in writing of the submitted quotation will be their responsibility.

TIRE SIZE – LOAD RATING

305/70R22.5 - L

TIRE SIZE – LOAD RATING

LT225/75R16 - E

YEAR BID PRICE PER TIRE

MILE annual estimated mileage

5,660,000

BID PRICE PER 1/32”

REPLACEMENT

BID PRICE PER TIRE

MILE annual estimated mileage

5,660,000

BID PRICE PER 1/32”

REPLACEMENT

2018 $ $ $ $

2019 $ $ $ $

2020 $ $ $ $

2021 $ $ $ $

2022 $ $ $ $

MFGR’S NAME:

TIRE TYPE:

LOAD RATING:

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

NEW TIRE COST: $ $

PAYMENT TERMS: Net 30 from receipt of monthly invoice.

Vendor to indicate early payment discount offered:

VENDOR’S SIGNATURE & INFORMATION:

Vendor Full Legal Name:

Complete Address, City, ST, Zip:

Bidders Contact Name & Title (Type or Print):

Authorized Signature:

Phone # & Fax#:

Date:

Taxpayer I.D. Number:

E-mail address:

ADDENDA - It is Vendor’s responsibility to check for issuance of any addenda. The undersigned hereby acknowledges receipt of the following addenda:

Addenda Number: ________ Date: ________ Addenda Number: __________ Date: ___________

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Please complete the following checklist to ensure accuracy as you prepare the documents:

1. Bid Submittal Forms – Pages 7-11

2. Bid Pricing & Signature Page - Page 13

3. Proprietary Information Form, if applicable – Page 15

4. Submit 5 (FIVE) Complete Sets of All Documents and 1 (one) electronic version

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FEDERAL TRANSIT ADMINISTRATION (FTA) CONTRACT CLAUSES

FOR SMALL PURCHASE ($3K-$100K)

1. FLY AMERICA REQUIREMENTS (49 USC 40118, 41 CFR Part 301-10)

Requires use of U.S. Flag air carriers for U.S. Government-financed international air travel and transportation.

2. CARGO PREFERENCE REQUIREMENTS (46 USC 1241, 46 CFR Part 381)

Requires use of privately-owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage involved for equipment, material, or commodities.

3. ENERGY CONSERVATION REQUIREMENTS (42 USC 6321 et seq., 49 CFR Part 18)

Requires compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

4. ACCESS TO RECORDS AND REPORTS (49 USC 5325, 18 CFR Part 18.36[i], 49 CFR Part 633.17) Requires the Contractor to provide access to books, documents, papers and records for the purpose of making audits, examinations, excerpts and transactions as it relates to this procurement.

5. FEDERAL CHANGES (49 CFR Part 18)

Requires compliance with FTA regulations, policies, procedures and directives, as they may be amended or promulgated during the term of the contract.

6. RECYCLED PRODUCTS (Contracts in excess of $10,000) (42 USC 6962, 40 CFR Part 247, Exec. Order

12873) Requires use of “recovered materials,” in compliance with Section 6002 of the Resource Conservation and

Recovery Act, as amended (42 USC 6962), including the regulatory provisions of 40 CFR Part 247 and Executive

Order 12873.

7. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

Specifies that the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, the Contractor, or any other party.

8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 USC 3801 et seq., 49 CFR Part 31, 18 USC 1001, 49 USC 5307)

Specifies that the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this purchase or contract and reserves to the Federal

Government the right to impose penalties on the Contractor.

9. TERMINATION (Contracts in excess of $10,000) (49 USC 18, FTA Circular 4220.1F)

Allows the Purchaser to terminate this contract for convenience by written notice, when it is in the Government’s best interest, and allows the Purchaser to terminate this contract for default by serving a notice of termination.

10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (Contracts in excess of $25,000)

Requires the Contractor to verify that none of the Contractor, its principals, or affiliates are excluded or disqualified by the Federal Government, on penalty of suspension and/or debarment.

11. CIVIL RIGHTS REQUIREMENTS (29 USC 623, 42 USC 2000, 42 USC 6102, 42 USC 12112, 42 USC 12132, 49 USC 5332, 49 USC 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.)

Requires non-discrimination and equal employment opportunity, and prohibits discrimination on the basis of race, color, creed, national origin, sex, age, or disabilities.

12. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26)

Requires compliance with U.S. Department of Transportation regulations, “Participation by Disadvantaged

Enterprises in Department of Transportation Financial Assistance Programs”, cooperation with regard to maximum utilization of disadvantaged business enterprises, and best efforts to ensure opportunity for disadvantaged business enterprises to compete for subcontractual work.

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13. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1F)

Incorporates FTA terms set forth in FTA Circular 4220.1F by reference, and specifies that all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions in this contract.

14. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS (Construction Contracts in excess of $2,000) In accordance with 40 USC 3145(a), 29 CFR 5.2(h) and 49 CFR 18.36(i)(5) and as it applies to construction contract over $2,000, all laborers and mechanics must be paid the full amount of wages and bona fide fringe benefits due at rates not less than those contained in the wage determination of the Secretary of Labor.

REVISED 4/1/17

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ATTACHMENT (A)

DESIGNATION OF CONFIDENTIAL, TRADE SECRET AND PROPRIETARY INFORMATION

Material submitted in response to the City of Appleton’s (the “City”) Invitation for Bid includes at least one formula, pattern, compilation, program, device, method, technique or process that 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 and is the subject of reasonable efforts to maintain its secrecy. Such information qualifies as a trade secret, as provided in Wis. Stat. § 19.36(5). As such, the bidder asks that the trade secrets contained on certain pages of this bid, as indicated below, be treated as confidential material and not be released to the public. I am providing the following information with the understanding that it is being submitted to the City under a pledge of confidentiality. I would not have submitted this information had the City not pledged to keep it confidential* and request that the following pages not be released:

Section Page Topic

*NOTE: Proposers are cautioned that the ENTIRE PROPOSAL MAY NOT FALL WITHIN THE CONFINES OF THE

PLEDGE OF CONFIDENTIALITY. THE ABOVE DESIGNATION(S) OF CONFIDENTIALITY IN NO WAY

GUA…