Tire_Lease_Contract_(Addendum_#1_Revision).pdf

Greater Dayton Regional

Transit Authority

Invitation For Bid

TIRE LEASE CONTRACT

CONTRACT BID NO. GD 26-28

RELEASE DATE

May 1, 2026

IFB Boiler Plate Revised 1.19.24

INVITATION FOR BID

TIRE LEASE CONTRACT

IFB No. GD 26-28

TABLE OF CONTENTS

Letter to Bidders Scope of Work & Special Conditions Instructions to Bidders FTA Clauses Bid Requirements Bid Form

Attachments:

A - Sample Contract (DO NOT COMPLETE)

B - RTA General Terms and Conditions

C - Tire Lease Contract -WORKSHEET provided for BID FORM

LETTER TO BIDDERS

RELEASE DATE: Friday, May 1, 2026

DEAR PROSPECTIVE BIDDER:

Re: Invitation for Bid (IFB)

Tire Lease Contract

IFB No. GD 26-28

Notice is hereby given that the Greater Dayton Regional Transit Authority (RTA) is receiving bids for the following procurement. All bids must be submitted in accordance with requirements set forth in this procurement solicitation, and must be received via

OpenGov before 11:00 am, Dayton (Eastern) time, on Tuesday, June 9, 2026, for the following project:

Tire Lease Contract

Please view the project timeline and make arrangements to attend the pre-bid conference, if applicable.

Release Date: May 1, 2026

Pre-Bid Conference (Non-Mandatory): May 28, 2026, 10:00am

600 Longworth Drive, Dayton, OH

45402 Maintenance Conference Room

Final Date for Questions, Clarifications and Requests for Approved Equals:

June 2, 2026, 5:00pm

Dayton RTA Responses to Questions: June 4, 2026

Bid Due Date and Public Bid Opening: June 9, 2026, 11:00am

4 S. Main Street, Dayton, OH 8th Floor

Conference Room

Public Bid Opening: Greater Dayton RTA will be hosting a public bid opening for this project at 4 S Main Street., Dayton, OH 45402. Bids will be opened on Tuesday, June

9, 2026 at 11:00 am. Attendance is not required, but if you plan on attending, please arrive at least ten minutes prior to the time of the bid opening. Bids are required to be submitted via OpenGov and paper or emailed bids will not be accepted.

All bids and related documents shall be subject to a financial assistance contract between the RTA and the United States Department of Transportation under the Urban

Mass Transportation Administration Act of 1964, as amended, terms and conditions established under the Act will apply. All bidders will be required to certify they are not on the U.S. Comptroller General's Consolidated list of ineligible contractors. Manufacturers appearing on said list will be considered ineligible.

RTA hereby notifies all bidders that, in regard to any contract entered into pursuant to this procurement, advertisement or solicitation, disadvantaged business enterprises will be afforded full opportunity to submit bids in response and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award.

DBE Participation: It is the policy of the Department of Transportation (DOT) that

DBEs, as defined in 49 CFR, parts 23 and 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. RTA welcomes DBE participation regardless of whether there is a DBE requirement. The DBE requirement for this project is 0%.

Please Note: This procurement package and any addenda are available on OpenGov, https://procurement.opengov.com/portal/greaterdaytonrta. In order to ensure that you receive all updates and addenda, please be sure to follow this project on OpenGov.

Should you have any questions or comments concerning the procurement, please submit through the Q&A Section of the posting on OpenGov prior to the due date and time for questions.

Sincerely, Michelle Collier

Senior Purchasing Agent

SCOPE OF WORK & SPECIAL CONDITIONS

Scope of Work

This Invitation to Bid (IFB) is for the purpose of establishing a long-term contract with a qualified tire contractor for the leasing and servicing of tires for the RTA’s fleet of buses.

The RTA operates transit buses, overhead catenary wire trolley buses and paratransit buses. This contract will be for an eight (8) year term.

1. RTA BUS FLEET EQUIPMENT AND MILEAGES

• The RTA currently operates a total of 258 buses in regular service, and we have a few other historic buses. As of the date of this RFP, the types of fleets and associated tire sizes are shown below, including a 3-year annual average of the miles operated by each tire size. The miles operated by fleet / tire size is subject https://procurement.opengov.com/portal/greaterdaytonrta to change at any time based on operational needs or route changes to meet the public transportation demands of the RTA.

Quantity Make Year Radial Tire Size Tires per bus

100 Gillig 40' Diesel 2016-2021 B305/85R22.5 6

7 Gillig 35' Diesel 2020 B305/85R22.5 6

32 Gillig 35' Diesel 2007-2017 B275/70R22.5 6

45 NexGen/Gillig 40' Trolley 2014-2020 B305/85R22.5 6

79 Glaval-Ford Paratransit 2023-2025 225/75R-16 6

2 SKODA 40' Trolley 1998 B305/85R22.5 6

2 gm Trolley (<1000MILES/YEAR) 1981 B305/85R22.5 6

1 New Flyer (<1000 MILES/YEAR) 2001 B275/70r22.5 6

The 3-year annual average miles for tire size B305/85R22.5 = 5,107,712 miles

The 3-year annual average miles for tire size B275/70R22.5 = 717,030 miles

The 3-year annual average miles for tire size B225/75R-16 = 1,976,906 miles

TOTAL = 7,801,648 – 3-year ANNUAL average overall fleet miles

2. RTA anticipates the operation of its current buses for some period of time. However, RTA does not guarantee such operation of any specific number of buses or any specific number of miles, either of which may be increased or decreased by RTA at any time.

The RTA may, at any time during the contract term, add to, dispose of, remove from service, or return to service any or all of its buses. Reasonable advance notice thereof shall be given to the contractor by RTA.

3. If any of RTA’s buses equipped with the Contractors tires are disposed of or removed from service, these tires shall be removed by RTA and used on other RTA buses, or they may be purchased by RTA at a price agreeable to the Contractor. If requested by

RTA, and where practicable by the Contractor, the Contractor shall provide inflatable tires for RTA, which have no value to be used doe disposal buses or other RTA needs.

(See Section 18, Scrap Tires (No-Value Tires.)

4. Current contract rate per tire listed below:

a. B305/85R22.5 – .008268

b. B275/70R22.5 – .009864

c. 225/75R-16 – .004314

5. TIRE REQUIREMENTS

• 5.1 Under the terms of this contract, the Contractor shall furnish new radial tires manufactured to be suitable for the conditions of city-type passenger transit service, and sustained operation at 55 mph for those periods of time RTA's buses are operated on interstate highways, which are normally less than one hour of continuous run; NO retreads, recapped or re-grooved tires will be accepted. All tires under this contract must be mileage type radial tires of steel construction and a minimum of 14 ply for Heavy Duty Transit buses and comply with OEM recommendations for Medium Duty Paratransit buses.

• 5.2. All radial tires supplied to RTA by the contractor shall be NEW, not re-capped, nor re-grooved and must have adequate load carrying capacity to meet or exceed the bus manufacturer’s GVWR.

• 5.3. All radial tires supplied to RTA by the contractor shall comply with all applicable laws and regulations of the United States, the State of Ohio, and the various municipal corporations in which RTA regularly operates. The Contractor shall certify such compliance on request by RTA; Compliance with all applicable laws and regulations of the United States, the State of Ohio, and the various municipal corporations in which RTA regularly operates.

• 5.4. RTA will not be obligated to use radial tires which, because of condition, interfere with the use, operation or safety of its buses. RTA and the Contractor shall jointly agree as to the condition of tires, which might unreasonably interfere with the use, operation, or safety of its buses. Contractor will be required to remove such tires from service upon determination of the condition.

• 5.5. RTA may, at any time, test tires other than those of Contractor’s on not more than five percent (5%) of its buses. Tires may also be tested by Contractor on up to five percent (5%) of RTA’s buses/coaches provided such tires are being tested for the purpose of determining their benefits to RTA’s operation and provided such tires are agreeable to RTA. RTA may be invoiced only the service rate. The

Contractor shall maintain mileage for any such tires.

• 5.6. RTA and the Contractor shall determine if tires removed from service shall be considered as scrap. A visual inspection by RTA’s Chief or Deputy Chief

Maintenance Officer or their designee will review all proposed scrap tires and sign a release prior to shipment. It is the Contractor’s responsibility that all tires determined to be scrap, whether leased or RTA owned, must be removed from

RTA properties within thirty (30) days by the Contractor or Contractor’s representative and at the Contractor’s expense.

• 5.7. No tires shall be delivered within six (6) months of the expiration date of the contract without written approval from RTA prior to delivery.

• 5.8. Contractor shall provide tires in the proper size/load range for all buses currently owned or leased and for future purchases and or leases. The minimum number of tires to be furnished during the contract period shall be:

a. Six (6) tires for each bus owned, used and/or controlled by RTA in the active service fleet and contingency fleet.

b. One (1) spare tire for each two (2) diesel or hybrid buses owned, used and/or controlled by RTA in active service. All such spare tires will be stored in a location designated by RTA.

c. One (1) spare tire for each electric trolley owned, used and /or controlled by RTA in active service. All such spare tires will be stored in a location designated by RTA.

d. One (1) spare tire for each two (2) paratransit buses owned, used and/or controlled by RTA in active service. All such spare tires will be stored in a location designated by RTA.

e. The Contractor shall maintain on a perpetual daily basis, thirty (30) rear tires and fourteen (14) front tires fully inspected and mounted on rims/wheels and ready for installation, sorted as directed. These mounted tires may be included in the total of spare tires required in 6.8.a., 6.8.b., and 6.8.c above.

RTA will provide the means for the Contractor to transport to/from the service locations as required.

f. The Contractor shall maintain a sufficient supply of tires as required under contract to guarantee continuity of service at all times. In the possible event of a manufacturing delay in tires due to a strike, the Contractor will, to the degree possible, prior to the effective day of the strike, ship additional tires to maintain RTA’s service during the manufacturing delay.

• 5.9. RTA reserves the right, during the term of the contract to alter, add and /or delete locations of tire storage, repair and/or service, as RTA deems to be in its best interest.

• 5.10. The Contractor shall brand ALL tires with individual and unique brand numbers prior to delivery and will provide two (2) copies of the following reports by the 25th of each month to assure proper record keeping. One (1) set of copies will be sent to RTA’s Chief or Deputy Chief Maintenance Officer and the other copy will be sent to RTA’s designated Project/Contract Manager. THERE WILL

BE NO EXCEPTIONS.

• 5.11 All tire rims will be furnished by RTA and will be of the sizes and types and spaced as recommended by the Tire and Rim Association of America, Inc. Tire inflaction and load capacitites per tire will also be in accordance with the recommendation of the aformentioned association and mus meet bus manufacturers' specification.

6. WHEELS

• 6.1. The RTA agrees to provide all wheels for its buses and a reasonable number of spare wheels, so that The Contractor may maintain and have an adequate and sufficient quantity of mounted spare tires in order to ensure continuous operation of RTA's buses. The Contractor shall keep an inventory of all spare wheels and report the number of wheels and the number of wheels to be scrapped monthly.

• 6.2. RTA requires that all Exterior wheels are DURA-BRIGHT type wheels –

“shiny” side out. NO Interior wheels will be mounted on the Exterior location without having been cleaned by RTA staff. The Contractor will maintain sufficient supply of mounted tires on Exterior wheels that can be used on an Exterior location.

• 6.3. Wheel Maintenance: All RTA bus wheels shall be maintained and repaired in accordance with transit industry standards (e.g., elimination of rust, etc.). The

RTA will maintain the outside cleanliness (as visually seen by its passengers) of the wheels, by use of a wheel polisher or other means as necessary.

7. SERVICES

• 7.1. RTA staff shall make all wheel changes from RTA buses using mounted tires provided by the Contractor and stored in tire storage racks.

• 7.2. The Contractor shall perform all maintenance and repairs necessary to keep all tires in good condition and free from defects and suitable for their intended use. The Contractor shall also:

a. Maintain a sufficient supply of mounted tires to guarantee continuity of service and availability of tires when needed. Repair and maintain all tires as required.

b. The Contractor shall inspect the tread depth of each tire installed on a coach at least once per month, and check each tire’s air pressure at least two times per month. Specific monthly due dates will be determined at award.

c. Inspect and record the tread depth on each RTA bus at least once per month.

d. Inspect all tires at least twice per month (spare stock, mounted and/or installed) and designate those which may be unfit for further service.

e. Inspect the tire air pressures with tire inflation gauge on a daily basis in quantities of buses/coaches sufficient to ensure that each buses/coaches in the fleet is pressure checked every fourteen (14) days. The tires requiring additional air shall be filled to the proper level by the Contractor representative and notation of same shall be made by said representative on check sheet.

f. The Contractor shall inspect the rear axle tires of all RTA buses on a weekly basis checking for flat tires.

g. Contractor agrees to remove from and/or mount tires on rims supplied by

RTA and make the necessary repairs on said tires. The Contractor is responsible for the removal of all unusable and scrap tires from the RTA facility at intervals to be agreeable to both parties, but not less than monthly.

h. Reverse direction of rotation of front tires as necessary to maximize front tire mileage.

i. Reverse curb damaged tires on wheels to protect sidewall from further damage.

j. The Contractor shall post recommended tire pressure for their products.

Tire wear deemed not satisfactory by the RTA insofar as weak design or side cupping shall be analyzed and a determination made as to satisfactory product stability for the particular transit application.

k. Keep all records of tire location, subject to random audit by RTA.

l. Static balance all front tires and wheel sets prior to installation and as needed.

m. Mate rear dual tires. The difference in circumference of tires matched for use as dual rears shall not exceed 0.5 inches.

n. The Contractor shall keep complete records of the location of each tire, tire mileage and tire transfers. Two copies of these records shall be submitted by the 10th of each month to RTA’s Chief or Deputy Chief

Maintenance Officer or designated Project/Contract Manager. RTA shall keep complete mileage records for each bus. The Contractor shall have access to and the right to inspect such records at all reasonable times. By the 10th of each month, RTA shall furnish the Contractor with a list of all buses operated during the previous month and the mileage of each bus.

o. Inspection reports (checklists) and written reports of suspected equipment defects and/or unusual tire wear shall be submitted to RTA’s Chief or Deputy

Chief Maintenance Officer on a daily basis.

p. The Contractor shall provide the following required equipment to be used by the Contractor’s technician(s):

1. Tire changer

2. Lifter and spreader

3. Tire inflation cage

4. Tire balancing machines

5. Portable air compressor

q. The Contractor shall furnish all supplies (wheel weights, valve stems and caps, repair materials, mounting lubricant, etc.), hand tools, equipment, etc.

that may be required to properly service and maintain tires.

r. Contractor shall be responsible for the proper use of RTA equipment and supplies used by Contractor’s technicians. It shall be the Contractor’s responsibility to ensure that proper safety precautions are exercised by the

Contractor’s employees at all times.

s. RTA shall provide safe and suitable indoor space for storage and servicing of tires furnished under the contract. Contractor shall keep the space furnished clean, orderly and safe at all times.

t. RTA will permit Contractor’s representatives to have access to said facilities and equipment to carry out the terms and conditions of the contract.

u. The security of all tires shall be the responsibility of the Contractor. In addition, the Contractor shall provide all the necessary hardware, fixtures, etc. to insure the security of the tires. All shipments of tires, and the acceptance of these shipment shall be the responsibility of the Contractor.

v. Contractor shall agree to repair and maintain all tires furnished under this contract, and shall rotate, mount and demount tires from rims as necessary to maximize the tire mileage. This includes tires from the run-out period.

w. The successful Contractor shall be responsible for maintaining and servicing all tires currently on buses/coaches through the run-out period of

36 months.

x. New valve grommets, high temperature cores and caps shall be supplied and installed by the Contractor each time the tires are mounted. The

Contractor shall measure the outside diameter of all tires to the nearest one-fourth of an inch (1/4”) and indicate the measurement on the outside of each tire using a grease pencil. This process is required to match tires.

y. The Contractor shall inspect all tires, before delivery, to insure that RTA has received tires that are void of flaws in workmanship. If during servicing or inspection RTA determines a tire to be scrap and/or damaged, the determination shall be binding and said tire(s) shall be removed from RTA’s property on a monthly basis. This right of inspection and removal shall not be an obligation of RTA nor shall it serve to supplant Contractor’s duty to supply RTA’s fleet with safe tires.

z. The Contractor shall inspect all tires mounted or waiting for mounting on

RTA’s coaches. The Contractor shall identify scrap tires, in writing, by tire brand number, to the RTA’s Chief or Deputy Chief Maintenance Officer or the designated Project/Contract manager who will visually verify the damage and sign the report. The Contractor shall forward the report to the RTA’s

Chief or Deputy Chief Maintenance Officer for his signature.

aa. The Contractor shall inspect all rims for damage, cracks, stud hole elongation etc., and prep all rims to be used on the rear axles by grinding and cleaning the rim’s mating surface.

8. TECHNICIAN(S) / SERVICE STAFF

• 8.1. The Contractor shall bear the full expense of employing full-time technician(s) to work in the area designated by RTA. All technicians provided by the Contractor shall be competent, supervised and shall have received sufficient training for this position. It is expressly agreed that said technician(s) are employees of the Contractor, or the Contractor’s subcontractor, and there exists no employee-employer relationship between said technician(s) and RTA for any purpose. The technician(s) are to be responsible for maintaining the inventory of tires and the complete dismounting, repairing and remounting of all tires on bus wheels. This includes any work mounting tires and all preventive maintenance, inspection and service.

• 8.2. The Contractor shall provide a minimum of 80 hours of service weekly. The

Contractor will provide service from 7:00 a.m. until 3:30 p.m., unless other times may be required by RTA. RTA reserves the right to back charge the Contractor for the hours not worked at the current #1 Service and Repair Mechanic rate of

$34.25. The Contractor’s personnel will clock in and out using RTA’s clock-in device that is connected to Trapeze OPS located in the RTA’s maintenance department at 600 Longworth – Diesel Shop. RTA reserves the right to add or delete locations in the event of any changes in RTA operation during the term of the contract. The monthly tire service charge is subject to renegotiation with the change in the number of tire service locations.

• 8.3. If, due to absence of technician(s) for any reason, the Contractor cannot perform the required minimum service, the Contractor shall provide another employee(s) to provide said service, at no additional expense to RTA. If

Contractor fails to provide said service and RTA incurs expenses in order to maintain its service to the public, the Contractor shall be liable to RTA for any such additional cost and expense.

• 8.4. All Service Staff shall be subject to RTA’s general disciplinary rules and shall be replaced upon written request by RTA if deemed careless, incompetent, insubordinate or otherwise objectionable and whose continued presence on RTA property is not in the best interest of RTA. Each employee shall have and wear proper uniform identification. The Contractor must supply uniforms. Employees must wear steel-toed safety shoes and proper eye protection at all times while performing work on the RTA premises.

• 8.5. The Contractor will be responsible for unloading all tire deliveries. Contractor shall not damage the appearance or structural integrity of the tires.

• 8.6. Contractor will be responsible for technician(s) being certified to operate forklifts owned by RTA. Operating of forklifts will be limited to driving the forklift on RTA property only.

a. RTA will provide forklift training and certification testing to Contractor’s technician(s) one time per person at no charge. If the certification test is not passed, additional training and testing may be provided by RTA and billed to

Contractor at the rate of $300 per testing. Technician(s) who fail to become certified after testing three times must be replaced within fourteen (14) days.

• 8.7. The Contractor’s technician(s) will be required to observe the same holiday schedule as RTA’s hourly employees (New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas

Day). Furthermore, the Contractor’s technician(s) shall work eight (8) hour shifts as determined by the RTA’s service needs.

• 8.8. The service staff shall not be responsible for operation of RTA’s coaches.

• 8.9. The service staff will be subject to random drug testing.

a. Drug and Alcohol Testing: The Contractor’s employees assigned to RTA are classified as "safety sensitive" positions. The Contractor shall, as part of its hiring process, and while these staff are in the Contractor's employment at RTA, be in full compliance with regard to drug and alcohol testing required by the U.S. Department of Transportation (DOT) and the Federal Transit

Administration (FTA) under 49 CFR Parts 40, 655, as may be amended, and any other testing which may be subsequently imposed by DOT and/or the

FTA on said staff during the term of this contract.

b. After the bid opening and prior to the award of the contract, upon request by RTA, and within three (3) working days of such request, the lowest bidders(s) shall provide RTA with a "Certificate of Compliance" that it is currently (at the time of the bid submission), or that it will be (prior to the award date of this contract) in full compliance with the aforesaid federal regulation. Bidder shall also provide any other such drug and alcohol information that RTA may require (e.g., a copy of Bidder's drug and alcohol testing program, etc.). Failure by Bidder to provide RTA such information within the three (3) working days may be cause for Bidder's bid to be rejected and deemed non-responsive. The certificate (and other information) may be faxed, followed by the original certificate (and hard copies of the requested information) provided to RTA within a reasonable number of days after RTA's receipt of the faxed certificate (and other requested information).

c. During the contract term, upon request by RTA, and within three (3) working days of said request, the Contractor shall provide on-going

"Certificates of Compliance" that it is in full compliance with the aforesaid federal regulation, and any other information RTA may request with regard to drug and alcohol testing of (or any other testing which may be subsequently imposed by DOT or FTA during the term of this contract for) said staff at RTA during the term of this contract.

9. DELIVERY

• 9.1. The Contractor shall be required to make tire deliveries to the maintenance facilities of RTA located at 600 Longworth Street and 901 S. Ludlow Street, Dayton, Ohio 45402. Delivery and unloading of tires shall be at the cost of the

Contractor. Contractor shall brand tires with individual and unique numbers prior to delivery.

• 9.2. In the case of buses that may be purchased/leased during the term of the contract, the Contractor shall deliver new tires to the bus manufacturer unless otherwise agreed upon in writing by both parties. RTA shall give Contractor not less than a thirty (30) day written notification of tire quantities and delivery dates and Contractor shall deliver tires to the bus manufacturer in the quantities and by the date specified by RTA. Such tires shall then be included in the contract between RTA and the Contractor. Contractor shall be paid the existing rate (at time of delivery) called for under the contract for mileage, if buses are delivered overland (driven from the plant of manufacture to destination).

10. TITLE TO TIRES & LIENS ON BUSES

Title to tires furnished under the contract shall remain the property of the Contractor unless the run-out option is exercised by RTA under Section 16 herein. The tires shall continue to be the property of the Contractor until Contractor has received full payment of all sums owed by RTA under the terms of the contract. RTA will hold Contractor harmless against any claim on ownership of tires made by reason of a holder of a lien on any buses on which RTA uses such tires.

11. FUTURE PURCHASED BUSES

• 11.1. In the case of buses that may be purchased during the term of this tire leasing and service contract, RTA shall have the option to either lease and/or make a direct purchase of tires from the Contractor. Contractor shall furnish with the cost of direct purchase of tires that may be furnished under this contract.

Service rate for RTA purchased tires to be included in the service personnel cost.

• 11.2. A separate rate shall be negotiated for any other make/model buses/coaches or different size and/or construction type of tire not shown in the specifications, which are placed in service during the term of the contract. The negotiated rate must be determined fair and reasonable by RTA, and will be added to the contract by change order.

• 11.3. RTA shall give the Contractor not less than a thirty (30) day written notification of tire quantities and delivery dates, and Contractor shall deliver tires to the bus manufacturer in the quantities and by the date specified by RTA. Such tires shall then be included in the contract between RTA and the Contractor at the existing rate at the time of delivery.

• 11.4. Contractor shall be paid the existing (at time of delivery) rate called for under the contract for mileage, if buses are delivered overland (driven from the plant of manufacture to destination).

• 11.5. It is the intention of RTA to notify the Contractor, as soon as possible, prior to the addition of buses and the specifics thereof.

• 11.6. SERVICE RATE/OWNED TIRES

o The service rate for service work on RTA’s owned tires that may be purchased under Section 12, Future Purchased Buses, is to be the same rate bid for service personnel for leased tire service.

12. SERVICE RATE/OWNED TIRES

The service rate for service work on RTA’s owned tires that may be purchased under

Section 12, Future Purchased Buses, is to be the same rate bid for service personnel for leased tire service.

13. LEASED BUSES

• 13.1. RTA represents and warrants that it owns outright all buses comprising the fleet operated by it. If during the term of this contract, including any amendments and extensions hereof, RTA acquires the right to operate any buses not owned by it, pursuant to a rental or other arrangement with the owner of such buses

(herein called “Leased Buses”), RTA agrees:

a. To notify Contractor in writing of the existence and details of such arrangement.

b. That all Leased Buses will be furnished to RTA by the owner without tires so that they may be operated and equipped with the Contractor’s tires supplied under this contract.

c. To obtain from the owner an agreement acceptable to and for the benefit of Contractor whereby the owner acknowledges Contractor’s ownership and right to possession of all tires supplied by it and waives any and all rights with respect thereto by virtue of their use on Leased Buses or otherwise.

d. After obtaining such agreement from the owner of Leased Buses, said buses shall be subject to all the terms and conditions of the contract to the same extent as buses owned by RTA, and if RTA surrenders or otherwise loses possession of any of the Leased Buses equipped with tires supplied by the Contractor, RTA shall purchase each tire thereon (including spares) as provided herein with respect to buses sold by RTA. The term “Leased Bus” shall not include any bus rented or borrowed by RTA for temporary use during a period limited to not more than ninety (90) days.

14. UNUSED MILEAGE

If during the term of the contract, RTA shall sell, dispose of or remove from service, buses equipped with Contractor’s tires, or if for any reason RTA would discontinue its business, or discontinue the use of any such buses equipped with tires that cannot be used on existing buses, RTA shall purchase the unused mileage in each tire thereon

(including spares) at prices to be computed as set forth in the contract.

15. RUN-OUT OPTION

• 15.1. A run-out option is included in this contract, which may be exercised by

RTA upon thirty (30) days written notice prior to the expiration date of the contract. Such notice of RTA’s exercise of the run-out option will be mailed to the address of the Contractor, which must be specified in the bid. Such contract extension option shall be subject to the following:

a. Upon the expiration of the term of the contract, RTA has the right to further extend said contract and continue to use all tires furnished by

Contractor under such contract in RTA’s possession on the expiration date for a period of thirty-six (36) months from said expiration date.

b. All terms, conditions and provisions of said contract, shall remain in full force and effect during said thirty-six (36) month run-out period, except that

Contractor shall be relieved of any requirements to furnish RTA with additional tires, equipment, repair materials, and tire service during said thirty-six (36) month period unless requested by RTA and agreed to by

Contractor.

c. The rate or rates per bus miles in effect during such thirty-six (36) month run-out period shall be the rate or rates in effect for the six (6) month period immediately preceding the commencement date of such thirty-six (36) month run-out period.

d. It is understood that RTA shall continuously use such tires insofar as is practicable on its highest mileage runs until such tires are rendered permanently unfit for service during said thirty-six (36) month run-out period.

e. Upon the expiration of said thirty-six (36) month run-out period, RTA shall pay for any then unused mileage remaining in such tires (tires supplied by

Contractor pursuant to the contract) at the rate set forth in Paragraph (c) above. The amount of the unused mileage shall be determined by subtracting from the average mileage accrued from similar tires normally used and permanently removed from service during the twelve (12) month period immediately preceding the expiration for the thirty-six (36) month run-out period, remaining thereon at the rental rate in effect immediately preceding the expiration date at the terms specified in paragraph (c) above.

16. PURCHASE OF EXISTING TIRES

Should the run-out option not be exercised by the RTA at the expiration or termination of the current contract, RTA agrees that within sixty (60) days after submission and verification of statement by Contractor, to pay for the unused mileage for each remaining consigned tire at the rates (less service rate) provided in the current contract.

Title to the tires shall remain with the Contractor until all such statements have been received, have been verified, and billings have been paid in full, at which time the RTA will acquire each such used tire as-is.

17. SCRAP TIRES (NO-VALUE TIRES)

• 17.1. Contractor understands that it is the desire of the RTA to use “No Value

Tires” for the sole and exclusive purpose of equipping RTA’s obsolete or out-of-service buses/coaches. Therefore, the parties agree to the following terms and conditions:

a. Contractor will furnish “No Value Tires” to RTA for the sole and exclusive purpose of equipping RTA’s obsolete or out-of-service buses/coaches. It is understood that a “No Value Tire” means any tire furnished under the

Agreement that has been determined by Contractor to be permanently unfit for further service under the Agreement. Each “No Value Tire” furnished under this Agreement shall be listed on a mileage tire disposition document that reflects the tire as “scrap or no-value” under casing disposition. It is also understood that obsolete or out-of-service buses/coaches means any buses/coaches furnished with tires under the Agreement which has been determined by RTA to be unfit for further service by RTA under the

Agreement.

b. In consideration of the accommodation and benefit given RTA, RTA agrees to use the “No Value Tires” furnished for the sole and exclusive purpose of equipping RTA’s obsolete or out-of-service buses/coaches and further agrees to ensure that such “No Value Tires” are properly disposed of if and when they are removed by RTA from such obsolete or out-of-service buses/coaches.

1. RTA will acquire each “No Value Tire” as is, and Contractor makes no warranties as to the condition or fitness for continued use of such tire. RTA further agrees to assume all liability for use, possession or disposal of any “No Value Tires” furnished hereunder while RTA owned.

2. RTA agrees not to file or assert against Contractor any claim, action or cause of action for loss, liability or damage arising out of RTA’s use, possession or disposal of “No Value Tires” furnished under this

Agreement.

3. RTA agrees to indemnify, defend and hold Contractor harmless against claims of loss, liability or damage, including injury, resulting from Contractor’s furnishing of “No Value Tires” to RTA hereunder, including any and all costs, legal fees, expenses and attorneys’ fees resulting from such claims, for such time as the No Value Tires are

RTA owned.

4. RTA agrees to dispose of each “No Value Tire” in full compliance with applicable federal, state and local laws, rules and regulations.

RTA agrees to indemnify, save harmless and defend Contractor from and against any and all liabilities, claims, penalties, forfeitures, suits and the costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys’ fees), which Contractor may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders, caused, in whole or in part, by the disposal by RTA of “No Value Tires” furnished to RTA hereunder, for such time as the No Value Tires are RTA owned.

5. Title and all other incidents of ownership to the “No Value Tire” shall be transferred from Contractor and vested in RTA at the time

Contractor delivers to RTA a copy of the mileage tire disposition designating the tires as “scrap or no-value tires.”

c. It is further agreed that Contractor and RTA shall have the right, at their option, without prejudice to any other rights and remedies, to decline to further provide/utilize “No Value Tires.”

18. DAMAGED AND LOST TIRES

• 18.1. Contractor will provide summary reports of all damaged tires (subject to

RTA’s approval) removed from service under this contract. Such reports shall list the serial number and/or brand numbers of the tire(s), date of removal and mileage on the tire at time of removal. In addition, Contractor shall state (if possible) the reason for such damage. Lost or stolen tires shall be on the same report basis excluding reasons thereof.

• 18.2. Cost for damaged tires shall be included in the rate per tire mile and not billed separately. “Damage” to a tire means abuse by partial or total destruction of a tire by means other than normal wear, including irregular wear, damage from brake heat, curbing, road hazards, and misalignment. Tires which are damaged beyond repair by an accident, fire or have been lost, sold or purchased shall be paid for by the RTA by paying for any mileage remaining thereon at the rate then in effect. The remaining mileage shall be prorated by determining the percentage of tread rubber remaining multiplied by the base mileage average of similar tires, times the applicable current billing rate per tire mile. The base mileage average will be determined by using the previous 12 month’s average miles of similar tires.

• 18.3. When a tire is not available for inspection to apply the above formula whether lost, destroyed by fire, or involved in a collision or accident, RTA shall not reimburse the Contractor in excess of fifty percent (50%) of the current value of a similar tire, unless the Contractor can provide an acceptable accounting of the tire's accurate mileage prior to the loss.

19. SALE OF BUSES/COACHES

• 19.1. RTA shall inform the Contractor of buses/coaches for sale and the

Contractor shall supply and install scrap tires on said buses/coaches at no additional cost to the RTA as outlined in Section 18 herein. The RTA shall bring the buses/coaches inside the shop for servicing.

20. COACH MILEAGE REPORTS

• 20.1. Contractor shall maintain monthly reports of all services provided to the

RTA. The Contractor shall supply RTA’s Chief or Deputy Chief Maintenance

Officer (monthly) with reports electronically. RTA would prefer to have these reports in both PDF and Excel/CSV. RTA would also prefer to be able to run these reports on an as needed basis through a login provide by the Contractor.

These reports are to include, but not be limited to the following:

a. Monthly mileage and accumulated mileage per tire by position on coach, identified by coach number, tire serial number.

b. Number of tires scrapped identified by position on coach, coach number, tire serial number, total accumulated miles, and reason for removal.

c. Number of uninstalled tires by size and tire brand number.

d. The average mileage for each group of tires in RTA’s fleet.

e. A summary of work completed by the Contractor for the previous month.

This report shall be due on the 10th of the month.

f. A list by the tire by tire brand number of air pressure and tire depth checks and the corrective actions taken (daily the service staff shall supply the

RTA’s Chief or Deputy Chief Maintenance Officer with a list of mis-aligned coaches).

g. A list of all coaches that were inspected and found to need wheel alignments (daily the service staff shall supply the RTA’s Chief or Deputy

Chief Maintenance Officer with a list of mis-aligned coaches).

21. POINTS OF CONTACT

Contractor must furnish and maintain current contact information to include point of contact, title, mailing address, phone and facsimile numbers, and e-mail address for the

Contractor and Subcontractor, if applicable.

22. MONTHLY SERVICE MEETINGS

If necessary, monthly service meetings with designated RTA Maintenance personnel, Contractor, and Service Provider will be held at RTA facilities.

23. CONTRACT TERMINATION

• 23.1. The full performance termination date will be established at the time of the execution of the signed contract between RTA and the awarded Contractor.

• 23.2. Either party may terminate this agreement for cause on account of any breach by the other such party's warranties or obligations hereunder, or if either party becomes bankrupt or insolvent or suffers an assignment for the benefit of creditors.

• 23.3. RTA may, without cause and at its sole option, terminate the contract at any time upon a ninety (90) day prior written notice to the Contractor.

24. CONTINUING WARRANTIES (Tires and Service)

• 24.1. All tires and services shall conform to the RTA’s specifications and the vehicle manufacturer’s specifications.

• 24.2. All tires shall be maintained and repaired according to these specifications and in accordance with the requirements contained in this Scope of Work.

• 24.3. All tires shall be free of defects in material and workmanship. All service workmanship shall be professional quality and consistent with the very best industry standards.

• 24.4. All tires shall be suitable for their intended uses.

• 24.5. All tires shall not infringe any United States patent.

• 24.6. In furnishing the tires and services, the Contractor shall comply with all applicable current and future laws and regulations of the United States, the states of Ohio, and the various municipalities in which RTA regularly operates or may operate in the future.

25. INDEMNIFICATION

• 25.1. The Contractor shall indemnify and hold harmless RTA and RTA's trustees, and all of RTA's employees or agents from all losses, claims, suits, judgments, awards, reasonable attorney's fees, costs and expenses arising out of personal injury or property damage to RTA, its employees and passengers, and persons on or near the streets, caused by any breach of any expressed or implied warranties arising solely out of the furnishing of tires, tire services, and lease of wheels (if applicable), or arising solely out of any other failure of the Contractor to meet the obligations of the contract.

• 25.2. Without limiting the foregoing or the warranties under Section 25, entitled

"Continuing Warranties", the Contractor shall pay RTA the cost of repair (both labor and materials) of anydamage to buses resulting solely from defects in tire material or workmanship related to the maintenance and repair of tires under this contract. Such defects include, but are not limited to, improper mating, cord bare tires, improper, inadequate tire mounting or workmanship.

• 25.3. If any provision hereof is held to be illegal or invalid, the validity of the remaining portions of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be illegal or invalid. The terms and provisions of this Agreement shall be construed under and governed by the laws of the State of Ohio. Any action to enforce any of the terms and provisions of this

Agreement shall be filed in state or federal court in Montgomery County, Ohio.

26. OTHER REQUIREMENTS

• 26.1. Contingencies

a. The Contractor shall not be considered in default hereunder if unable to furnish tires because of governmental regulations requiring change in materials or methods used in the manufacturing of tires, or for delays in deliveries of tires caused by wars, strikes, lockouts, fires, interruption of transportation facilities, accidents, acts of terrorism or any cause beyond the

Contractor's control.

b. In addition to any other provisions relating to default, if the Contractor fails to meet the requirements of the contract, after ten (10) days prior written notice by RTA, the product or service may be procured from any source by

RTA, and, if a greater price than that named in the contract is paid, the reasonable excess price will be charged to and collected from the

Contractor.

• 26.2. Liquidated Damages

a. In the event the Contractor fails to comply with the following minimum performance standards, liquidated damages shall be assessed at the rate of

$500 for each occurrence per day:

1. Failure of bus to make pullout due to the Contractor not having mounted tires available the previous day.

2. Failure of the Contractor to provide adequate tools and equipment to provide tire services.

3. Failure of the Contractor to properly service and maintain tires according to the requirements within this Scope of Work.

4. Failure of the contractor to notify the RTA, in writing, that tires need to be removed from a particular bus when the tread depth is measured at 4/32nds on the fronts and 2/32nds on the rears, or the requirements and standards set forth by the U.S. Department of Transportation (U.S.

DOT) as may be applicable to city-transit type buses, whichever is the most stringent.

5. Failure to have sufficient mounted tires on hand for replacement.

• 26.3. Performance and Operational Audits

a. RTA, or its designee, may conduct random performance and operational audits of all services, processes, tires, invoices and/or any items contained in the contract to ensure adherence to the expected outcomes of the contract.

• 26.4. Language Conflicts

a. In the event of any language conflicts between or among RTA's Scope of

Work/Specifications, the following shall prevail:

1. The signed contract documents

2. The IFB document sent to Bidders

3. Scope of Work / Specifications

4. Instructions to Bidders and Special Cond

27. DEFINITIONS

• 27.1. Buses/Coaches: All RTA owned rubber tire vehicles that transport passengers, including Paratransit buses during the term of the contract. The words "bus" and "coach" as used throughout this RFP are synonymous.

• 27.2. Tire(s): A tubeless commercial radial tire suitable for city-type transit service, in accordance with the terms, conditions and requirements within this document.

• 27.3. Scrap Tires or No-Value Tires: A tire that has completed its useful life and is considered unfit for service. This tire, when removed, will not be considered a

“Damaged Tire”. The mileage used up to the date of removal shall be part of overall tire average. Tires determined to be unfit for RTA’s service i.e., tire casting’s nylon and/or steel cords worn through the sidewall, tire’s bead damaged, tire’s ply, tread, or sidewall separated, a tire with no monetary value.

Tires determined to be scrap shall not be capable of being retreaded or repaired and shall not be reinstalled on RTA’s coaches except as noted under Section

18.1.

• 27.4. Damaged/Abused Tires: A tire that has not reached its useful life, but due to damage, abuse, accident, excessive curbing or other incidents which cause the tire to be removed from service, provided the damage or loss is not caused by negligence on the part of the Contractor.

• 27.5. FTA: Federal Transit Administration

• 27.6. Bus/Coach Miles: The number of miles each bus/coach actually operates, whether or not operated in regularly scheduled service and will be understood to be equal to one mile for every mile traveled by a RTA bus/coach.

• 27.7. Tire Miles: represent the number of bus/coach miles multiplied by the number of tire positions on the coach.

• 27.8. Contractor/Lessor: The tire company to whom RTA awards the Tire

Leasing and Services contract. The words "Contractor" and "Lessor" as used throughout this RFP are synonymous.

Contract Terms (Requirements Contract)

1. Contract Pricing

This is a fixed price contract. All prices offered and accepted are firm for the duration of the contract. Contractors may not change or negotiate contract prices. Except as provided in this contract, no special fees or expenses shall be charged directly to the

RTA.

2. Contract Duration

The duration or term of this contract shall be for ninety-six (96) months. RTA reserves the right to award this contract to one or more contractors.

The Greater Dayton Regional Transit Authority may extend the term of this contract by written notice to the Contractor within 30 days, provided that the RTA shall give the

Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the RTA to an extension. If the

RTA exercises this option, the extended contract shall be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed ninety-six (96) months.

3. Quantity and Delivery Requirements

There is no set quantity nor delivery schedule for this contract. Goods and/or services shall be provided as required by RTA. Awarded vendors responsible for meeting all requirements for the awarded items over the contract period. No guarantee is made or implied as to the minimum quantities that may be ordered for the duration of the contract.

INSTRUCTIONS TO BIDDERS

Greater Dayton RTA Background

History

RTA is an independent political subdivision of the State of Ohio organized pursuant to

Ohio Revised Code Section 306.30 through 306.71, inclusive, as amended.

The RTA was created on September 6, 1971, pursuant to the Revised Code, by ordinances of the Councils of the City of Dayton and the City of Oakwood. After completing the purchase of the assets of City Transit, the major privately owned public transportation system in the area, the RTA became operational on November 5, 1972.

In September 1980, after the approval in the preceding April by the voters of the County of a one-half percent sales and use tax of unlimited duration for all purposes of the RTA, the…