Tire JTS-IFB-2024-01.pdf

City of Janesville, Janesville Transit System Mileage Tire Leasing Program IFB

JTS-IFB-2024-01

March 14, 2024

101 Black Bridge Road

Janesville, Wisconsin 53545

WWW.JANESVILLEWI.GOV/JTS

http://www.janesvillewi.gov/JTS

Table of Contents

1. Introduction

2. General Bid Conditions

3. Timeline

4. Bid Submission Instructions

5. Clarification and Amendment Process

6. Terms of Contract

7. Specifications for the Mileage Tire Leasing Program

Leased Vehicles

8. Required Tasks, Services and Maintenance

Tire Deliveries and Inventory

Tires for Testing Purposes

Defective/Damaged Tires

Tire Repair and Maintenance

Mounting/Dismounting

Instruction

Disposal of Tires

No Value Tires

Title to Tires

Determination of Tire Value

9. Expiration of Agreement

10. Incurring Costs and Right to Cancel

11. Bid Rejection and Withdrawal

12. Bid Evaluation

13. Bid Award

14. Single Bid Response

15. General Conditions

Performance Requirement

Hold Harmless

Subcontracting

Licensing, Permits, and Taxes

Insurance

16. Claims

17. Waiver of Terms and Conditions

18. Interpretation, Jurisdiction, and Venue

19. Compliance with Laws and Permits

20. Replacement Services

21. Lack of Funds

22. Removal of Buses from Service

23. Protest Procedures

Protest Submittal

Timing Requirements and Categories of Protests

Protest Review

Effects of Protest on Procurement Action

Ability to proceed

Summary Dismissal

Protest Decision

Appeals

24. Federal Assurances & Certifications

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

ACCESS TO RECORDS AND REPORTS

FEDERAL CHANGES

CIVIL RIGHTS REQUIREMENTS

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

TERMINATION

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Access Requirements for Persons with Disabilities

ENERGY CONSERVATION REQUIREMENTS

Equal Employment Opportunity

VIOLATION & BREACH OF CONTRACT

LOBBYING RESTRICTIONS

CLEAN AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT

NOTIFICATION TO FTA

RECYCLED PRODUCTS (SOLID WASTES)

SAFE OPERATIONS OF MOTOR VEHICLES

PROHIBITED TELECOMMUNICATIONS/SURVEILLANCE SERVICES/EQUIPMENT

CARGO PREFERENCE (USE OF U.S.-FLAG VESSELS)

25. Appendix A: Required Forms

FORM A: SIGNATURE AFFIDAVIT

FORM B: OVERALL FEDERAL REGULATION COMPLIANCE

FORM C: COMPLIANCE WITH SPECIFICATIONS/SCOPE OF WORK

FORM D: DEBARMENT AND SUSPENSION CERTIFICATION (NONPROCUREMENT)

FORM E: DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION

FORM F: ACKNOWLEDGEMENT OF ADDENDA (IF NECESSARY)

FORM G: Bid Price Form

FORM H: Tire Data Sheet

26. Appendix B: Request for Consideration - Tire Data Sheet Form

1. Introduction The City of Janesville (“CoJ”) is issuing this Invitation for Bid (“IFB”) to select a firm to provide a Mileage Tire Leasing Program for the CoJ and the Janesville Transit System (“JTS”).

The JTS is a public transit system owned and operated by the CoJ as a division of the CoJ’s local, municipal government. The JTS provides fixed-route bus service throughout the corporate boundaries of the CoJ with a connecting route to Beloit. JTS operates from the Transit Services Center located at 101 Black Bridge Road in Janesville, WI 53545.

The Transit System operates a fleet of 18 buses in regular service over approximately 485,000 total miles each year.

The City reserves the right at any time and without notice to alter routes, mileage run, or number and type of vehicles in the fleet solely at its discretion. The specific models of vehicles in service and desired tire size are provided in Section 7.

2. General Bid Conditions Notwithstanding any other provision set forth in this IFB, all bidders are hereby specifically advised that this IFB is a solicitation only. Bids must set forth full, accurate, and complete information as required by the IFB.

Responses to this IFB shall be made according to the specifications and instructions contained herein. Failure to adhere to these instructions may be cause for rejection of any bid.

Bidders shall understand and agree that submission of a bid will constitute acknowledgment and acceptance of, and a willingness to comply with, all the terms, conditions, and criteria contained within this IFB. This IFB, as well as any and all parts of the submitted bid, will become part of any subsequent contract between the successful bidder and the CoJ.

False, incomplete, or unresponsive statements in connection with a bid may be sufficient cause for rejection of the bid. The evaluation and determination of the fulfillment of the above requirements vests solely with the CoJ.

Bidders understand that any bid documentation submitted to the CoJ shall become the property of the CoJ and shall become subject to the CoJ’s and Wisconsin’s Public Records laws and policies.

3. Timeline

1. IFB Issuance – Thursday, March 14, 2024

2. Question Submittal Deadline – Thursday, March 21, 2024 – On this date, bidders shall submit any questions or requests.

3. Addenda Posted – Monday, March 25, 2024 - On this date, the COJ will post responses to questions/requests received in the form of an addendum.

4. Bid Submittal Period Begins –- Tuesday, March 26, 2024 - On this date, the COJ will begin accepting bids. Any bid submitted prior to this date shall not be considered by the

COJ.

5. Bid Submittal Deadline –Friday, March 29, 2024 at 12PM Noon- Prior to this time & date, all bids must be submitted. Any bid submitted after this deadline shall be considered late and shall be rejected.

6. Execute Contract – Week of April 1, 2024 (approximate)

4. Bid Submission Instructions An emailed bid shall be received by JTS prior to the due date and time listed in the Timeline.

The email subject line shall state: "BID FOR JTS-IFB-2024-01”. The email file size maximum is 15MB.

If file size is greater than 15MB, file may be shared through an online file sharing software (e.g.

Microsoft OneDrive; Dropbox). Bid file format shall be Portable Document Format (PDF).

The bid shall be emailed to smithr@ci.janesville.wi.us Submitting a bid to any email address other than smithr@ci.janesville.wi.us does not constitute receipt of a bid by JTS.

It is the Bidder’s responsibility to verify that the emailed bid has been timely received by JTS before the due date and time above. JTS is not responsible for late receipt of a bid, regardless of the reason for the delay. Proof of transmission does not constitute proof of receipt. The Bidder is responsible for confirming that their emailed bid response has been successfully received by JTS.

Submission of a bid shall constitute a firm offer by the bidder to JTS for one hundred twenty

(120) days from the bid opening. A submitted bid does not commit JTS to award a contract, to pay any cost incurred in preparation of a bid, or to procure or contract for goods or services.

No person or entity submitting a bid in response to this IFB, nor any officer, employee, agent, representative, relative or consultant representing such a person (or entity) may contact through any means or engage in any discussion concerning the award of this contract with any member of JTS staff or any employee of JTS during the period beginning on the date of bid issue mailto:smithr@ci.janesville.wi.us and ending on the date of the selection of the contractor. Any such contact would be grounds for disqualification of the bidder. Contact with JTS staff during such time period must be limited to technical questions. The exception to this rule would be when the bidder being a current service provider is making contact concerning the current services being provided under a separate and current contract.

Each bid submitted must contain all required pertinent information, documents, and forms.

Reference Appendix A: Required Forms to ensure all materials are included.

5. Clarification and Amendment Process A bidder may submit to the CoJ a written request for an interpretation or clarification of this IFB. Such requests shall be sent via email to Rebecca Smith at smithr@ci.janesville.wi.us prior to the question submittal deadline listed in the Timeline.

The CoJ will review and prepare a written response to each request made by a bidder pursuant to this section. Responses will be shared in the form of an addendum. The addendum will be posted on the CoJ website.

If a bidder requests CoJ JTS approve a tire or consider a tire as an approved equal, the bidder must complete the Form I: Request for Consideration - Tire Data Sheet Form and submit it with their request/question prior to the question submittal deadline listed in the Timeline.

The CoJ reserves the right to make modifications or addenda to this IFB. If the CoJ determines it is appropriate to revise any portion of this IFB, either at the request of a bidder or upon the CoJ's own initiative, the CoJ will issue, and make available to all prospective bidders, a written addendum setting forth this revision. Bidders shall acknowledge receipt of addenda by written notice thereof returned to the CoJ as a component of the Bid. The addenda acknowledgement form can be found in Appendix B. Without the acknowledgement of addenda, bids will not be considered. Where addenda require changes in the service to be performed, the date set for receipt of bids may be postponed by such number of days as the CoJ determines appropriate in order to enable prospective bidders to revise bids.

The CoJ is not bound by any oral interpretations, clarifications, or changes made to this IFB by any city employee. Any clarification or change to the IFB must be provided in writing, pursuant to this section.

6. Terms of Contract The term of the contract shall be for a three (3) year period commencing following contract execution (expected in April 2024) and expiring on March 31, 2027.

The CoJ shall have the option to extend the contract for two (2) additional one (1) year periods commencing on the day after the initial term expires or the day after the preceding one year option expires. The contract shall automatically extend into each one (1) year option unless the CoJ notifies the successful bidder, in writing, thirty (30) calendar days prior to the expiration of the initial and/or succeeding contract option period.

mailto:smithr@ci.janesville.wi.us

Modifications—Any additional terms and conditions incorporated into the Contract will be mutually agreed upon by both parties. Any modifications to this Contract must be in writing and duly signed by both parties.

Assignment—Neither party shall assign, transfer, convey, sublet or otherwise dispose of the Contract or his right, title, or interest in or to the same or any part hereof without prior consent, in writing, of the other party.

7. Specifications for the Mileage Tire Leasing Program All tires and accessories to be furnished under this contract shall be of current design and manufacture. They will conform to all standards of the Tire and Rim Association of America and Federal Motor Vehicle Safety Standards for design, operation, and safety, and will be of a size and type approved by the vehicle manufacturers on the models of buses by JTS.

The City of Janesville contemplates the replacement of some of its buses with new vehicles during the course of this contract. Replacement vehicles are assumed, but not guaranteed to be full size (35' - 40') heavy-duty transit buses, which may be of standard floor or low floor design. Successful bidder/ shall furnish tires for these vehicles to the manufacturer at the appropriate time.

The following specifications represent the minimum acceptable items and configuration to be bid. When submitting a bid, proposers shall indicate their compliance or variation from this specification for the items offered by completing Form H Tire Data Sheet.

1. Tire Size—Tire size is 315/80R22.5

2. Tread Width – minimum 12.3 inches

3. Tread Depth – minimum 27/32 inches

4. Load Range—shall be minimum load range 158/156L for heavy-duty buses

5. Type—Tires for the heavy duty transit buses shall be Radial, tubeless, “Mileage” type specifically designed for heavy duty public transit buses.

6. Ply – minimum 20 ply

7. Life Expectancy - CoJ JTS currently experiences a tire life expectancy of about 55,000 miles per tire. Bidders shall state the expected tire life mileage of the bid tire on Form H Tire Data Sheet.

8. Recap Tires—JTS DOES NOT accept and will not allow Recap Tires for use on its buses during the life of this contract.

9. Tires to be obtained under this solicitation shall be suitable for use on the following described make and model vehicles:

Make Model GVWR GAWR (front)

GAWR

(rear) Quantity

Gillig 35ft. Diesel Low Floor

G27B102N

39,600 lb.

14,600 lb. 25,000 lb. 17

Gillig 40 ft Diesel Low Floor

39,400 lb.

14,400 lb. 25,000 lb. 1, pending receipt of grant

Leased Vehicles

Not applicable at this time.

8. Required Tasks, Services and Maintenance

Tire Deliveries and Inventory All tires furnished under this contract shall be delivered by the contractor to the JTS facility at the contractor’s expense. Contractor shall provide sufficient new first run tires specified in the “Specifications for the Mileage Tire Leasing Program” section of the IFB to meet the on-going needs of JTS operations, as determined by the Transit Maintenance Supervisor. Additional tires to replenish inventory shall be promptly provided, not more than 30 days after order by JTS.

Casings to be recapped will be shipped from the JTS facility to the contractor's recapping facility at the contractor’s expense.

Tires for Testing Purposes JTS may use up to 5% of its fleet, for test purposes, on tires of other manufacturers. The Contractor shall not be responsible for any warranties or services related to any such test tires from companies other than the Contractor.

Defective/Damaged Tires Tires which fail in service due to defects in materials and workmanship, or tires which are damaged in shipment will be the responsibility of the contractor.

Tire Repair and Maintenance Those supplies such as patches, valve stems, valve cores, etc. shall be supplied by the Contractor at no extra charge.

Mounting/Dismounting JTS will mount, dismount and repair tires, but reserves the right to have this work performed by a qualified outside source or sources. Said outside sources will allow Contractor access to their property to inspect their facility and procedures for all work performed.

Instruction Contractor shall provide any necessary instruction on tire maintenance and repair to JTS employees or employees of any tire service contractor employed by JTS, at its expense.

Disposal of Tires Disposal of scrap tires used under this contract shall be the contractor's responsibility, to include the payment of any transportation charges and disposal fees. Bidders are hereby notified that the City of Janesville, in accordance with Wisconsin State Law, has enacted a series of ordinances concerning solid waste, mandatory tire recycling and fees associated with tire disposal (Fee Schedule). The links provided will direct readers to the City’s online ordinance portal.

No Value Tires Upon request by the City, the contractor will furnish no-value tires to the City for the sole purpose of equipping the City’s obsolete or out-of-service vehicles. It is understood that a no-value tire means any tire furnished under this contract which has been determined by the contractor to be permanently unfit for further service under this contract. It is also understood that obsolete or out-of-service vehicle means any vehicle furnished with tires under the contract which has been determined by the City to be unfit for further service under this contract. The City agrees that (i) such no-value tires are provided as-is with no warranties as to the condition or fitness of such tires for continued use, and (ii) the City assumes all liability for use and possession of no-value tires furnished by the Contractor.

Title to Tires Title to all tires furnished by the Contractor during the life of the contract, termination of the contract under the terms as set forth within shall remain at all times in the Contractor’s name until it has received full payment of all sums due at the termination by full performance and expiration of the contract or purchase of the tires due to removal from service as set forth within Section 22, “Removal of Buses From Service”. The City agrees to assume responsibility for the safekeeping of all such tires and equipment and to reimburse the Contractor for any loss resulting from the City’s failure to safely keep such tires and equipment, except to the extent that such loss occurs from actions or occurrences which are reasonable beyond the City’s control (i.e. force majeure).

Determination of Tire Value Any tires which have been damaged beyond repair by an accident, abuse or fire, or have been lost, sold, or purchased, shall be paid for by JTS as of the date of damage, loss, sale, etc. by paying for any mileage remaining thereon. “Abuse” to a tire means partial or total destruction of a tire by means other than normal wear, including but not limited to destruction caused by running the tire underinflated, overloaded, flat, on bent rims, damaged from brake heat, chains of the wrong design or that are improperly applied, curbing, road hazards, or due to misalignment. When a tire is not available for inspection to apply the following formula whether lost, stolen or otherwise missing, or destroyed by a fire, or involved in a collision or accident, JTS will not reimburse the Contractor in excess of fifty percent (50%) of the current value of a similar tire, unless the Contractor can provide an auditable accounting of the tires accurate mileage prior to the loss. Payment for original tires shall be prorated by determining https://library.municode.com/wi/janesville/codes/code_of_ordinances?nodeId=COOR_CH30SOWA_ARTIVREPR https://library.municode.com/wi/janesville/codes/code_of_ordinances?nodeId=COOR_CH30SOWA_ARTIVREPR https://library.municode.com/wi/janesville/codes/code_of_ordinances?nodeId=COOR_APXAFESC the percentage of useable rubber remaining multiplied by the following base mileage average times the applicable billing rate per tire mile.

BASE MILEAGE AVERAGE

Tire Size Original 315/80R22.5 55,000

Any payment for tires and tubes required to be purchased by the City under this Paragraph or any other provision of this Agreement shall be made within thirty days after date of invoice covering purchase thereof. City will acquire each such used tire as is, and the Contractor makes no warranties as to the condition of fitness for continued use of such tires.

9. Expiration of Agreement Upon the termination by full performance and expiration of this Agreement, unless the parties enter into a new Tire Lease Agreement to become effective immediately, the City may issue written notice via CERTIFIED MAIL prior to the expiration date of this Agreement, and all addenda, and elect to continue using (“run out”) all the tires in the City’s possession at the rate or rates in effect during the six months prior to termination until permanently removed from service, but in no event shall such period exceed thirty-six (36) months after the normal termination date, including any of the additional one (1) year extensions, if taken. During said thirty-six month period, the City shall, to the extent practicable, continuously use such tires until they are rendered permanently unfit for service. During said run out period, all terms and conditions of this Agreement shall continue in effect; provided, however, that the Contractor shall not be obligated to furnish any service to the City or to furnish replacement tires for those tires removed from service. At the expiration of said run out period, the City shall pay for remaining tire miles at the price and the manner set forth in DETERMINATION OF TIRE VALUE.

10. Incurring Costs and Right to Cancel The CoJ shall not be responsible for any expenses incurred by any vendor in the development of a response to this IFB, including, but not limited, to any supplemental information provided, submitted, or given to the CoJ and/or any of its representatives.

The CoJ reserves the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement.

11. Bid Rejection and Withdrawal The CoJ reserves the right within its sole discretion and with or without cause to accept or reject any and all bids submitted in response to the IFB, or refuse to enter into any contract resulting from any bid submitted, without expense to the CoJ.

The bidder, or an authorized representative, may, prior to the date and time set as the deadline for receipt of bids, modify or withdraw a bid in person or by written, telegraphic, or electronic notice.

After the bid receipt deadline, bids may not be withdrawn without written approval of or from the CoJ.

12. Bid Evaluation Each bid shall be submitted with the understanding that the CoJ intends to enter into a service agreement with the lowest cost responsive and responsible bidder.

The CoJ intends to evaluate each bid based upon information provided with all required certifications and forms; and the information received in the bid price form and tire data sheet.

The CoJ will use a predetermined formula based upon the annual anticipated usage of each line item in the bid price form and tire data sheet to calculate the lowest bid.

13. Bid Award Upon award of the bid, the CoJ and the successful bidder shall promptly execute the final contract documents. Proof of insurance shall be provided to the CoJ prior to executing the contract. The written contract shall bind the successful bidder to the price stated in the bid and in accordance with all other terms and conditions stated in this IFB. Any contract resulting from this solicitation shall contain the terms and conditions included in this IFB, any addenda to this IFB, and the successful bid.

14. Single Bid Response If only one bid is received in response to this IFB, the CoJ may request information from the bidder to enable the CoJ to perform a cost/price analysis, evaluation, and/or audit in order to determine if the bid price is fair and reasonable. This may include, but not is limited to, labor rates, costs of services, and a reasonable profit.

15. General Conditions

Performance Requirement The successful bidder shall, at all times during the term of the contract, perform all work diligently, carefully, and in a professional manner; and shall furnish all labor, supervision, materials, and supplies necessary. Notwithstanding the provision of drawings, technical specifications, or other data by the CoJ, the successful bidder shall have the responsibility of supplying all items and details required to perform the services specified in this IFB. The successful bidder shall conduct all work in the successful bidder's own name and not in the name of, or as an agent for, the COJ.

Hold Harmless The successful bidder and the CoJ shall indemnify, defend and hold each other harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney’s fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or agents. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any and all claims based on facts or conditions that occurred prior to expiration or termination.

Notwithstanding any other provision of this Contract to the contrary, in no event shall either party be liable for any loss of actual or anticipated profits, loss of anticipated business, downtime costs or delay claims (whether direct or indirect), nor for any other special, indirect, incidental, or consequential damages arising out of, relating to, or in any way connected with this Contract or the provision of tires and/or services, whether based in warranty, contract, tort, negligence, strict liability, or otherwise.”

Subcontracting The successful bidder will not enter into any subcontract except with the prior review and written approval of the CoJ.

In any case in which the successful bidder desires to subcontract, it shall provide the CoJ with all proposed subcontracting agreements and documents, including scope of work and terms of compensation.

The successful bidder shall be fully responsible for all work performed by any subcontractor.

Any approval of a subcontract shall not be construed as making the CoJ a party to such subcontract, giving the subcontractor privity of contract with the CoJ, or subjecting the CoJ to liability of any kind to any subcontractor.

All subcontracts will incorporate in full all appropriate conditions and terms as set forth herein.

By entering into a subcontract the successful bidder shall not, under any circumstances, relieve the successful bidder of its liability and obligations under the contract and all transactions with the CoJ must be through the successful bidder.

Licensing, Permits, and Taxes The successful bidder must be in compliance with all applicable federal, state, and local codes, regulations, and licensing requirements as well as all applicable state motor vehicle codes and licensing requirements. The cost for any required licenses or permits shall be the responsibility of the successful bidder. The successful bidder is liable for any and all taxes due as a result of the contract.

Insurance The successful bidder shall carry and pay premiums for insurance of the types and with the limits of liability not less than stated below. The successful bidder shall take out and maintain during the term of this bid such general liability, vehicle liability, and property damage insurance as shall protect the CoJ and the JTS from all claims for liability, damages, personal injury, including accidental death, as well as from claims for property damages to the extent caused by operations under this bid whether such operations be by the successful bidder or by another directly or indirectly employed by either of them. Such insurance shall be maintained in effect during the term of the contract and shall cover all events occurring during the term of the contract (commonly known as tail coverage). It is hereby agreed and understood that the insurance required by the CoJ is primary coverage. The minimum amount of insurance shall be as follows:

1. Workers' Compensation Insurance covering all of successful bidder's employees engaged in work under the contract as required under the Workers' Compensation Act of the State of Wisconsin and/or any applicable law or laws of any other state or states.

Employer's Liability Insurance with limits of liability of not less than $100,000 per accident, $100,000 per employee for disease, and $500,000 policy total for disease.

2. General Liability Insurance or self-insurance with limits of liability of not less than $1,000,000 each occurrence combined single limit and $2,000,000 general policy aggregate if applicable.

3. Automobile Liability Insurance covering “any auto” used in connection with the work performed under the contract with limits of not less than $5,000,000 each occurrence combined single limit for bodily injury and property damage.

a. All such policies as required above shall be endorsed to provide a ten (10) day written notice of cancellation, renewal, or material change to the CoJ in accordance with policy provisions, but in no event less than ten (10) days prior written notice.

b. The limits of liability as required under this section may be provided by a single policy of insurance or a combination of policies including the so-called umbrella liability policy. Self-insurance or the use of deductibles or self-insured retentions shall not be considered as complying with these requirements unless approved in writing by the CoJ.

c. The types of insurance and limits of liability stated in this section are the minimum acceptable to the CoJ and shall in no way be construed as a limitation of the successful bidder's liabilities and obligations arising out of the performance of the contract.

d. The successful bidder shall require any and all subcontractors performing work under the contract to carry insurance to the types and with limits of liability as the successful bidder shall deem appropriate and adequate.

e. The successful bidder shall obtain and make available for inspection by the CoJ upon request certificates of Insurance evidencing insurance coverage carried by such subcontractors.

f. Proof that such insurance coverage exists as required above shall be furnished to the CoJ in the form of certificates of insurance and submitted with bid documents. Renewal or replacement proofs of insurance shall be furnished prior to the expiration date or termination date of any policy in compliance with the requirements of the contract.

g. If the successful bidder fails to provide required insurance during the term of the contract, the CoJ reserves the right, but not the obligation, to purchase other insurance to protect the CoJ’s interests and to withhold from the successful bidder's payments the cost of such insurance.

16. Claims If a claim is made against the successful bidder as a result of any service performed under this contract, the successful bidder must verbally notify the CoJ with a complete and accurate description of the claim within forty-eight (48) hours of the submission of the claim to the successful bidder. A written description of the claim must be submitted within seventy-two (72) hours of the submission of the claim to the successful bidder.

The CoJ will notify the successful bidder of any claims reported directly to the CoJ within seventy-two (72) hours of receipt of the claim.

17. Waiver of Terms and Conditions The failure of the CoJ or the successful bidder to enforce one or more of the terms or conditions of the contract or to exercise any of its rights or privileges, or the waiver by the CoJ of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.

18. Interpretation, Jurisdiction, and Venue All contractual agreements shall be subject to, governed by, construed, and interpreted solely according to the laws of the State of Wisconsin. The successful bidder hereby consents and submits to the jurisdiction of the appropriate courts of Wisconsin or of the United States having jurisdiction in Wisconsin for adjudication of any suit or cause of action arising under or in connection with the contract documents, or the performance of such contract, and agrees that any such suit or cause of action may be brought solely in a court of competent jurisdiction of Rock County, Wisconsin.

19. Compliance with Laws and Permits The successful bidder shall give all notices and comply with all existing and future Federal, State, and Local laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the contract, including, but not limited to, the laws referred to in the provisions of the contract and in the other contract documents. If the contract documents are at variance therewith in any respect, any necessary changes shall be incorporated by appropriate modification. Upon request, the successful bidder shall furnish to the CoJ certificates of compliance with all such laws, orders, and regulations as it pertains to this lease contact.

20. Replacement Services In the event the successful bidder is unable, due to a strike, work stoppage, war, acts of terrorism, fires, shortage of energy source or raw material, or other event not caused by the CoJ and not covered in this IFB, to provide services in full compliance with the requirements of the contract, then the CoJ may, in lieu of finding the successful bidder in default, obtain the services of a replacement service provider with its own resources (collectively referred to as "Replacement Services").

The CoJ may utilize such replacement services as a substitute for all or any part of the successful bidder's services and may maintain such Replacement Services in effect until the successful bidder is able to resume performance in full compliance with the contract.

Prior to implementing Replacement Service, the CoJ shall notify the successful bidder in writing and provide the successful bidder ten (10) days in which to cure its noncompliance.

Any action taken by the CoJ pursuant to this section in response to the successful bidder's failure to perform shall not preclude the CoJ from subsequently finding the successful bidder in default of the contract.

21. Lack of Funds The entering into of the contract by the CoJ is subject to its receipt of Federal, State, and Local funds adequate to carry out the provisions of the contract in full.

The CoJ may cancel or reduce the amount of service to be rendered if the CoJ determines that such action is in its best interests, or that there will be a lack of funding available for the service.

In the event the CoJ cancels or reduces the service it will notify the successful bidder in writing thirty (30) days prior to the date cancellation or reduction is to be effective.

In the event of the unavailability of funding, the CoJ, upon termination, will pay for all unused mileage in the relevant tires and take title to such tires “as is.”

22. Removal of Buses from Service The City will notify the Contractor prior to the sale or disposition of any of the City’s vehicles equipped with the Contractor’s tires. The City shall have the option of removing said tires for use on other buses or selling tires with buses. In the event the tires are sold with a bus, they will be purchased at a mutually agreed price as set forth in accordance with the “Determination of Tire Value” as described within this IFB document.

23. Protest Procedures A protest which is submitted by a party which is not an interested party or which is not in accordance with the procedures outlined in this section will not be considered by the CoJ and will be returned to the submitting party without any further action by the CoJ.

Protests of an interested party regarding the procurement actions of the CoJ must be considered and determined in accordance with the following procedures.

Any interested party may file a protest with the CoJ upon one or more of the following grounds:

a) The CoJ has failed to comply with applicable Federal or State law;

b) The CoJ has failed to comply with its procurement procedures;

c) The CoJ has failed to comply with the terms of this solicitation;

d) The CoJ has issued improperly restrictive or discriminatory specifications.

Protest Submittal A protest must be submitted in writing by certified mail or other delivery method by which receipt can be verified. Electronic submission of protests will not be accepted. Protests must include all of the following elements:

1. 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;

2. Identity of the contact person for the protestor, including name, title, address, telephone number, fax number, 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;

3. Identification of the procurement;

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

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

6. A compete discussion of the basis for the protest, including all supporting facts, documents, and data;

7. A statement of the specific relief requested; and

8. Any relevant supporting documentation the protesting party desires the CoJ to consider in making its decision.

9. All protests must be received between the hours of 8:00 AM and 4:30 PM, Monday through Friday. Protests shall be submitted to:

City of Janesville City Hall 1st Floor Director of Neighborhood and Community Services 18 N. Jackson Street, Janesville, WI 53546 (street) PO Box 5005, Janesville WI 53547-5005 (mailing)

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 by an appropriate link. If the protest is incomplete or the protestor omits required information, the CoJ shall not consider the protest.

Timing Requirements and Categories of Protests The CoJ shall consider the following categories of protests within the time period set forth in each category:

Protests regarding solicitation process Any protest alleging improprieties in the solicitation process or in solicitation documents must be filed no later than ten (10) days after the publication of the IFB in order to be considered by the CoJ. Any protest based on such grounds filed after that date shall not be considered by the CoJ.

Protests regarding bid evaluation or contract award

Any protest regarding the evaluation of bids by the CoJ, or improprieties involving the approval or award or proposed approval or award of the contract, must be filed with the CoJ no later than ten (10) days after the grounds for protest should have reasonably been known to the protestor, but in no event later than five (5) days after the contract has been awarded by the CoJ. Any protest filed after such date which raises issues regarding the bid evaluation or the contract approval or award will not be considered by the CoJ.

Protest Review The CoJ shall notify the protestor of timely receipt of a protest whether the protest is being considered.

Upon receipt of the protest the protest reviewer shall notify all parties involved in the procurement.

In the notification, the CoJ will inform the protestor of any additional information required for evaluation of the protest and set a time deadline for submittal of such information. If the CoJ requests additional information and it is not submitted by the stated deadline, the CoJ may either review the protest on the information before it, or decline to take further action on the protest.

At its discretion, the CoJ may permit any party involved in the protest to submit information to the CoJ regarding the merits of the protest. The CoJ shall set a time deadline for the submittal of such comments, which shall be no less than five (5) days after notification of the protest.

The CoJ may, in its sole discretion, hold an informal conference to review the merits of the issues raised by the protest. All interested parties will be invited to participate in the conference. Any information provided at the conference shall only be considered by the CoJ in deciding the protest if it is submitted to the CoJ in writing within three (3) days after the conference.

Effects of Protest on Procurement Action Protests regarding solicitation documents or process:

Upon receipt of a timely protest regarding the solicitation process or the solicitation documents, the CoJ may postpone the opening of the bids until resolution of the protest. The filing of the protest will not, however, change the date on which bids are due, unless the CoJ determines, and so notifies all proposers that such a date change is necessary and appropriate to carry out the goals of the procurement.

Protests regarding bid evaluation or contract award:

Upon receipt of a timely protest regarding evaluation of bids or the award of the contract, the CoJ may suspend contract approval or other pending action, or issue a stop work order if appropriate, until the resolution of the protest. In this event, the successful proposer may not recover costs resulting from any delay through a change order or through any other means, manner, or basis.

Ability to proceed Notwithstanding the pendency of a protest, the CoJ reserves the right to proceed with the appropriate step or action in the procurement process or in the implementation of the contract in the following cases:

• Where the service to be procured is urgently required;

• Where the CoJ determines, in writing, the protest is vexatious or frivolous;

• Where delivery or performance will be unduly delayed or other undue harm to the CoJ will occur by failure to make the award promptly; or

• Where the CoJ determines that proceeding with the procurement is otherwise in the best interest of the public.

Summary Dismissal The CoJ also reserves the right to summarily dismiss all or any portion of a protest that raises legal or factual arguments or allegations that have been considered and adjudicated by the CoJ in a previous protest in the same solicitation or procurement action.

Protest Decision After review of a protest is submitted, including information provided by the protestor and other parties, the results of any conferences with the protestor and the CoJ’s own investigation and analysis, the protest reviewer shall issue a written decision on the protest.

Within ten (10) working days of receipt of protest the protest reviewer will render and publish a decision or extend the response period if additional time is required to gather and evaluate information necessary for the decision or for other good cause.

If the protest is upheld, the CoJ will take appropriate action to correct the procurement process and protect the rights of the protestor, including re-solicitation of bids, revised evaluation of bids, the CoJ’s determinations, or termination of the Contract.

If the protest is denied, the CoJ will lift any suspension imposed and proceed with the appropriate stage of the procurement process or the contract.

Appeals A protestor adversely affected by the decision of the CoJ may submit a protest to the FTA for review in accordance with FTA Circular 4220.1F, paragraph 7.l. As stated in that Circular, FTA will only review protests regarding the alleged failure of the CoJ to have written protest procedures, alleged failure to follow such procedures, or alleged failure to review a complaint or protest.

The CoJ may proceed with the procurement in spite of a pending protest at the FTA if any of the following conditions are met:

a) The service or item to be procured is urgently required.

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

c) The failure to make prompt award will otherwise cause undue harm to the CoJ or the

Federal Government.

24. Federal Assurances & Certifications

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

FTA Circular 4220.1F

No Obligation by the Federal Government.

The COJ and the successful bidder (“Contractor”) acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the COJ, the Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts.

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, 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 the underlying contract or the FTA assisted project for which this contract work is being performed.

In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

ACCESS TO RECORDS AND REPORTS

49 U.S.C. 5325 18 CFR 18.36 (i)

49 CFR 633.17

Access to Records - The following access to records requirements apply to this Contract:

Where the CoJ is not a State but a local government and is the FTA subrecipient or a subgrantee of the FTA subrecipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the CoJ, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R.

633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). Any access to Contractor’s records and reports pursuant to this section shall be upon three (3) days’ prior written notice, during normal business hours and at the sole cost and expense of the accessing party.

FTA does not require the inclusion of these requirements in subcontracts.

FEDERAL CHANGES

49 CFR Part 18

Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between CoJ and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

CIVIL RIGHTS REQUIREMENTS

29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 http://www.fta.dot.gov/funding/apply/grants_financing_3162.html

42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.

Civil Rights - The following requirements apply to the underlying contract:

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.

§ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C.