Victorville Transportation Center Renovation

VICTOR VALLEY TRANSIT AUTHORITY Representing the communities of Adelanto, Apple Valley, Barstow, Hesperia, Victorville, and San Bernardino County REQUEST FOR PROPOSAL RFP 2023-03 VICTORVILLE TRANSPORATION CENTER RENOVATION DECEMBER 5, 2022 NOTICE INVITING PROPOSALS 2023-03 1. Purpose of the Procurement and Period of Performance VVTA is requesting proposals from qualified contractors to provide labor and materials for the renovation of certain areas at the Victorville Transportation Center at 16838 D Street, Victorville, CA 92395. The resulting contract will be not to exceed 120 days. 2. Obtaining the Request for Proposal (RFP) Document RFP documents may be obtained from VVTA, in person at 17150 Smoke Tree Street, Hesperia, CA 92345-8305, electronically at www.vvta.org/Procurement or via www.publicpurchase.com. Documents are also

available via email request to cplasting@vvta.org. RFPs requested by courier or via USPS mail shall be packaged and sent only at the Proposers’ expense. 3. Proposal Due Date and Submittal Requirements Proposals must be received before 3:00 PM (PST), Thursday, February 2, 2023. 3.1. Sealed proposal packages will be accepted at the following address: Victor Valley Transit Authority Attn: Christine Plasting, Procurement Manager 17150 Smoke Tree Street Hesperia, CA 92345-8305 (760) 995-3583 3.2. Envelopes, boxes, or electronic submissions via publicpurchase.com containing proposals shall be sealed and clearly labeled with VVTA’s RFP number and the solicitation title: “VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION.” 3.3. Proposers are to submit to VVTA either one (1) hard copy of the proposal and one (1) electronic copy via thumb/flash drive OR via www.publicpurchase.com. A proposal is deemed to be late if it is received by VVTA after the deadline stated above. Proposals received after the submission deadline shall be returned unopened to the Proposer. It is the Proposer’s sole responsibility to ensure that the proposals are received by the date and time stated above. 4. Bonds A Performance Bond and Payment Bond may be required by the awarded contractor after the notice of intent to award. 5. Prevailing Wage Minimum wage rates for this project have been predetermined by the Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates as determined by the State for similar classifications of labor, the Contractor and his/her subcontractors shall pay not less than the higher wage rate. In accordance with provisions of Section 1773.2 (amended 1977) of the California Labor Code copies of the prevailing rate of per diem wages as determined by the State Director of Industrial Relations and are available at the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed. Copies of the prevailing wage rates are on file with VVTA and available upon request. This work falls under the Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) and that contractor shall supply VVTA with certified payroll documentation. The Davis-Bacon and Related Acts will apply to contractors and subcontractors performing construction, alteration, or repair with federally funded or assisted contracts of $2,000 or more. Under this Act, contractors shall be required to pay wages http://www.vvta.org/Procurement http://www.publicpurchase.com/ mailto:cplasting@vvta.org specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. A current copy of the Davis Bacon Wage Determinations is available upon request. Contractor shall attach a copy of the prevailing wage to bid proposal. The award of the contract shall be conditioned upon the acceptance of the wage determination. If the State of California prevailing Wage is higher than Davis Bacon, contractor is required to pay the higher rate. 6. Vendor Registration with the California Department of Industrial Relations California SB 854 Compliance -VVTA will not accept a proposal from or enter the Contract with a Proposer, without proof that the Proposer and its Subcontractors are registered with the California Department of Industrial Relations (DIR) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. The Proposer shall enter DIR Registration Number on the proposal. 7. Validity of Proposals. Proposals and subsequent offers shall be valid for a period of ninety (90) days. An award may be made without further discussion. VVTA reserves the right to withdraw or cancel this RFP at any time without prior notice and VVTA makes no representation that any contract will be awarded to a Proposer responding to this RFP. 8. Pre-Proposal Conference/Job Walk There will be a non-mandatory Pre-proposal Conference/Job Walk on Thursday, January 5, 2022, at 8:30 AM PST, located at 16838 D Street, Victorville, CA 92395. The deadline for questions is at 5:00 PM (PST), Friday, January 20, 2022. Prospective Proposers are requested to submit questions, in writing to the Procurement Manager at cplasting@vvta.org. Responses shall be shared with all known prospective proposers by written addenda only. The successful Proposer shall be required to comply with all applicable Equal Opportunity Laws and Regulations. mailto:cplasting@vvta.org VVTA RFP 2023-03 Page 4 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION TABLE OF CONTENTS INSTRUCTIONS TO PROPOSERS ..................................................................... 5 A. TIMELINE ................................................................................................. 5 B. PURPOSE................................................................................................. 5 C. BACKGROUND ......................................................................................... 5 D. PERIOD OF PERFORMANCE........................................................................ 6 E. EXAMINATION OF DOCUMENTS.................................................................. 6 F. REQUEST FOR CLARIFICATION / APPROVED EQUALS................................. 6 G. VENDOR CONTACT.................................................................................... 6 H. ADDENDA TO RFP...................................................................................... 7 I. EXCEPTIONS / DEVAITIONS ...................................................................... 7 J. FORMAT OF PROPOSALS .................................................................. 7 K. PROPOSAL PACKAGING REQUIREMENTS .................................................. 9 L. PRE-CONTRACTUAL EXPENSES............................................................... 10 M. JOINT PROPOSALS ................................................................................. 10 N. TAXES .................................................................................................... 10 O. MODIFICATION OR WITHDRAWAL OF PROPOSALS .................................... 10 P. SUBCONTRACTORS AND ASSIGNMENTS .................................................... 11 Q. PROPOSERS’S LICENSING REQUIREMENTS ............................................... 12 R. PREVAILING WAGE REQUIREMENTS .......................................................... 13 S. DISADVANTAGED BUSINESS ENTERPRISE.................................................. 14 T. PERFORMANCE AND PAYMENT BONDS ..................................................... 14 U. SUBSTITUTION OF SECURITIES ................................................................. 14 V. CONFIDENTIALITY AND PUBLIC RECORDS ACT .......................................... 14 W. ACCEPTANCE / REJECTION OF PROPOSALS .............................................. 16 X. SINGLE RESPONSE ................................................................................ 16 Y. CANCELLATION OF PROCUREMENT ......................................................... 17 Z. AVAILABILITY OF FUNDS .......................................................................... 17 AA. VVTA’S RIGHTS .................................................................................... 17 BB. CONFLICT OF INTEREST AND CODE OF CONDUCT ..................................... 18 CC. EVALUATION, NEGOTIATION AND SELECTION............................................ 18 ATTACHMENT A – SCOPE OF WORK ATTACHMENT B – FEDERAL CLAUSES ATTACHMENT C – SAMPLE CONTRACT ATTACHMENT D – PROTEST POLICY ATTACHMENT E – REQUIRED FORMS ATTACHMENT F – PREVAILING WAGE REQUIREMENTS VVTA RFP 2023-03 Page 5 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION INSTRUCTIONS TO PROPOSERS A. TIMELINE Date of Request for Proposal (RFP): December 5, 2022 Agency: VICTOR VALLEY TRANSIT AUTHORITY Address of Agency: 17150 SMOKETREE ST., HESPERIA, CA 92345-8305 Contracting Officer: Christine Plasting, CPPB, Procurement Manager Telephone No: (760) 995-3583 FAX No: (760) 948-1380 Email Address: cplasting@vvta.org Pre-Proposal Conference (Non-Mandatory) At 16838 D Street, Victorville, CA 92395 8:30 AM PST, Thursday, January 5, 2023 Last Day for Questions 5:00 PM PST, Friday, January 20, 2023 Addenda and Answers to questions 2:00 PM PST, Thursday, January 26, 2023 Proposal Due Date 3:00 PM PST, Thursday, February 2, 2023 Anticipated Award Date March 2023 B. PURPOSE Victor Valley Transit authority, the current lease holder for the Victorville Transportation Center located at 16838 D Street, Victorville, CA 92392, requires renovation of the existing facility. The renovation will include construction of new interior spaces, new restrooms, refurbish of the outside pergola, as well as other items listed in the Scope of Work. C. BACKGROUND Victor Valley Transit Authority (VVTA) is a public transit agency and Consolidated Transportation Services Agency (CTSA), providing bus, ADA paratransit, and vanpool service to California’s High Desert. VVTA’s service area spans nearly 1,000 square miles, featuring service to Adelanto, Apple Valley, Barstow, Hesperia, Needles, Victorville, and unincorporated San Bernardino County, including Daggett, Helendale, Hinkley, Lucerne Valley, Newberry Springs, Oak Hills, Oro Grande, Phelan, Pinon Hills, Wrightwood, and Yermo. Commuter service to Fort Irwin National Training Center (NTC) and connecting service from the High Desert to the Inland Empire is also provided. Additional information and service alerts are VVTA RFP 2023-03 Page 6 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION available at VVTA.org and Twitter.com/VVTransit. D. PERIOD OF PERFORMANCE VVTA intends to award a Lump Sum contract for a period of 120 days, unless extended by mutual agreement. VVTA reserves the right to award the contract at a time other than stated in the proposed schedule. E. EXAMINATION OF DOCUMENTS By submitting a proposal, the Proposer represents that it has thoroughly examined and become familiar with the work required and documents included under the RFP. F. REQUEST FOR CLARIFICATION / APPROVED EQUALS 1. Whenever any material, product or service is specified or indicated in the contract documents by brand name, trade, patent, or proprietary name or by the name of the manufacturer, the item so specified or indicated shall be deemed to be followed by the words, “Or Equal.” 2. At any time during this procurement up to the time specified in the “Proposal Schedule” (Section A), Proposals may request, in writing, a clarification or interpretation of any aspect, or a change to any requirement of the RFP or any addendum to the RFP. Requests may include suggested substitutes for specified items and for any brand names. Whenever a brand name is used in this solicitation it shall mean the brand name or “approved equal.” Such written requests shall be made to the Contracting Officer and may be transmitted by facsimile or via email. The Proposal making the request shall be responsible for its proper delivery to VVTA per “Contracting Officer” (Section A) on the form provided in “Request for Pre-Offer Change or Approved Equal” (Attachment E.) VVTA will not respond to oral requests. Any request for a change to any requirement of the Contract Documents must be fully supported with technical data, test results, or other pertinent information evidencing that the exception will result in a condition equal to or better than that required by the RFP, without substantial increase in cost or time requirements. Any responses to such written request shall be provided by VVTA in the form of addendum only. Only written responses provided as addendum shall be official and all other forms of communication with any officer, employee, or agent of VVTA shall not be binding on VVTA. 3. VVTA, at its sole discretion, shall determine whether the substantiating data demonstrates that an “approved equal” item(s) is equivalent in all respects to the item specified in the contract documents. G. VENDOR CONTACT 1. All correspondence, communication and/or contact with regard to any aspect of this solicitation is authorized only with the designated Contracting Officer identified in “A. Proposal Schedule” above, or their designated representative. Proposers and their representatives shall not make any contact with or communicate with any employees of VVTA, or its directors and consultants, other than the Contracting Officer regarding any aspect of this solicitation or offers. Ex parte’ communications with members of VVTA RFP 2023-03 Page 7 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION VVTA’s Board of Directors or any person responsible for awarding a contract, including the Contracting Officer is prohibited under California Public Contract Code Section 20216. All communications shall be in writing and will be made public. 2. If it should appear to a prospective Proposers that the performance of the Work under the contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or Contract Documents, or that any conflict or discrepancy exists between different parts thereof or with any federal, state, local or Agency law, ordinance, rule, regulation, or other standard or requirement, then the Proposer shall submit a written request for clarification to VVTA within the time period specified above. H. ADDENDA TO RFP VVTA reserves the right to amend the RFP at any time. Any amendments to or interpretations of the RFP shall be described in the written addendum. VVTA shall provide copies of the Addendum to all prospective Proposers officially known to have received the RFP. Prospective Proposers, or their agents, shall be responsible to collect the addendum at the address provided in “Contracting Officer” (Section A. above) or receive the same otherwise. Notification of the addendum will also be emailed to all such prospective Proposers officially known to have received the RFP and to the email address provided by each prospective Proposer. Failure of any prospective Proposer to receive the notification or addendum shall not relieve the Proposer from any obligation under its Proposal as submitted or under the RFP, as clarified, interpreted, or modified. All addenda issued shall become part of the RFP. Prospective Proposers shall acknowledge the receipt of each individual addendum and all prior addenda in their Proposer (See Attachment E). Failure to acknowledge in their proposals receipt of addendum may, at VVTA’s sole option, disqualify the Proposal. If VVTA determines that the addendum may require significant changes in the preparation of Proposals, the deadline for submitting the Proposals may be postponed by the number of days that VVTA determines will allow Proposer sufficient time to revise their Proposals. Any new Due Date shall be included in the addendum. I. EXCEPTIONS / DEVIATIONS Using the Form for Proposal Deviation – Attachment E – State any exceptions to or deviations from the requirements of this RFP, segregating “technical exceptions from “contractual” exceptions. Where Proposer wishes to propose alternative approaches to meet VVTA’s technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Proposer will be deemed to have accepted the contract requirements as set form in the Scope of Work. J. FORMAT OF PROPOSALS 1. Proposals must be submitted and organized in the order listed below. The proposal shall include, at a minimum, the following: a. Cover letter – Proposer must include a letter of introduction. b. Title Page VVTA RFP 2023-03 Page 8 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION c. Table of Contents d. Profile of Firm (History, Experience, Changes) – This section should include details regarding the proposer’s ability and experience to operate the project as specified in the RFP. The following information should be included: I. Corporate hierarchy – i.e., President, Vice President, Corporate Officers, etc.... II. Corporate overview of services or activities performed. • History of firm – Include a brief history of the firm • Founding Date (month and year) • Firm size – staff and client base • Firm’s vision and mission statement III. Employment practices – policies and procedures, training, including safety training and affiliation/accreditation. IV. Location of the office from which the work will be provided and the staff allocation at that office. e. Identify Project team including, but not limited to: I. Size of Project Team II. Education, qualifications, and specific experiences in performing the work that is being solicited in this RFP. III. Project Organization Chart. f. Resumes of Key Personnel (if applicable) g. Commitment that key personnel will be available throughout contract and will not be removed without prior approval of VVTA (if applicable) h. Proposer’s approach to accomplish the Scope of Work Requirements. I. Description of proposer’s approach to performing services. Proposals must include a description of the services to be rendered per the scope of work including a detailed proposal. II. Provide a work plan or description of how the work will be performed by the contractor. (e.g. – outline a proposed work plan and methodologies that will be employed to accomplish the work) III. The name of the Project Manager / Liaison and a list of personnel to be assigned to the project and the roles and qualifications. IV. Indicate whether or not your firm will be subcontracting portion(s) of the work. If so, indicate the name of the subcontractor, the portion of the work to be VVTA RFP 2023-03 Page 9 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION subcontracted, and their State of CA Contractor’s License Number (if applicable). V. Describe your firm’s approach to resolving problems that may be encountered in the field. i. Summary of Contracted Services I. Proposer must identify all areas that will be subcontracted and name of the firms performing such work. List their key personnel and their qualifications. II. Proposer must list all services, equipment, and facilities that the proposer has provided and/or operated under contract during the past five (5) years. Include company name, address, phone number, and contact. III. VVTA reserves the right to interview any organization and visit any of the facilities as listed as subcontractors. j. Required Forms (See Attachment E) 1. Cost/Price Proposal – Proposers shall submit proposed pricing to provide the products/services for the work described in Attachment A – Scope of Work k. Any other information required by this RFP or its addenda which may not be listed above. 2. Firms may include additional information, however, do NOT attach terms and conditions that conflict with the RFP, as your firms’ proposal may be deemed non- responsive. K. PROPOSAL PACKAGING REQUREMENTS 1. Please note that all official addenda must be acknowledged. The proposer is instructed to use Attachment E – Acknowledgement of Addenda – to acknowledge all official addenda released during this solicitation. 2. Sealed original proposal plus one (1) electronic copy OR via publicpurchase.com, must be received at the address shown in “Proposal Schedule” (Section A) before 3:00 PM (PST) on Thursday, February 2, 2023. All labor and materials shall be furnished in strict accordance with the delivery schedule and the Contract terms and conditions. All Proposals shall be valid for a period of ninety (90) days. 3. Proposer shall submit the Cost/Price Proposal (Attachment E) with the proposal. Prices are to be quoted exclusive of California State and Local Sales Tax. Proposer shall pay all taxes which are legally enacted at the time Proposal is submitted and shall secure and pay for all permits and government fees, licenses, and inspections necessary for the proper execution and completion of the Contract. All invoices submitted by the awarded contractor, shall itemize applicable California State and Local Sales tax, or state “sales tax included”. VVTA RFP 2023-03 Page 10 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION Proposals including all submittal documents and price elements shall be submitted by the due date specified, in two sealed packages identified as “VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION – TECHNICAL PROPOSAL” and “VVTA RFP 2023-03 – COST/PRICE PROPOSAL.” If submitting proposals through publicpurchase.com, COST/PRICE PROPOSAL MUST BE SUBMITTED AS A SEPARATE DOCUMENT. If a Proposer is submitting their proposal electronically through publicpurchase.com, a copy of any required originals (notarized documents, bonds, etc.) must be included. The original documents must be received by VVTA not later than 5 business days after the Proposal Due Date. L. PRE-CONTRACTUAL EXPENSES 1. VVTA will not be liable for any pre-contractual expenses incurred by any Proposer in preparation of its Proposal. Proposer shall not include any such expenses as part of their Proposal. 2. Pre-contractual expenses are defined as expenses incurred by the Proposer in: a. Preparing a Proposal in response to this RFP; b. Submitting that Proposal to VVTA; c. Negotiating with VVTA any matter related to this Proposal; and d. Any other expenses incurred by Proposer prior to date of award, if any, of the Agreement. M. JOINT PROPOSALS Where two or more firms desire to submit a single Proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture. N. TAXES Proposals are subject to State and Local sales taxes. However, VVTA is exempt from the payment of Federal Excise and Transportation Taxes. Firm is responsible for payment of all taxes for any goods, services, processes, and operations incidental to or involved in the contract. O. MODIFICATION OR WITHDRAWAL OF PROPOSALS 1. A modification of a proposal already received will be accepted by VVTA only if the modification is received prior to the proposal Due Date or is specifically requested by VVTA. All modifications shall be made in writing and executed and submitted in the same form and manner as the original proposal. 2. A Proposer may withdraw a proposal already received prior to the Proposal Due Date by submitting, in the same manner as the original proposal, to VVTA a written request for withdrawal executed by the Proposer’s authorized representative. After the Proposal Due Date, a proposal may be withdrawn only if VVTA fails to award the contract within VVTA RFP 2023-03 Page 11 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION the proposal validity period prescribed in “Due Date” or any agreed upon extension thereof. The withdrawal of a proposal does not prejudice the right of a Proposer to submit another p roposal within the time set for receipt of proposals. 3. This provision for modification and withdrawal of proposals may not be used by a Proposer to submit a late p roposal and, as such, will not alter VVTA’s right to reject a proposal. P. SUBCONTRACTORS AND ASSIGNMENTS 1. Pursuant to the provisions of the California Public Contract Code Section 4104 every Proposer shall in the proposal set forth: a. The name and location of the place of business (address) of each subcontractor who will perform work or labor or render service to the Proposer in or about the work in an amount more than one-half of one percent of the Proposer’s total proposal; and b. The portion of the work that will be done by each subcontractor. The Proposer shall list only one subcontractor for each portion of work as defined by the Proposer in its proposal. c. The dollar amount of the work which will be done by each such subcontractor 2. Proposer shall complete form entitled “List of Subcontractors (Attachment E)” with the above requested information. 3. If the Proposer fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of the Proposer’s total proposal, or if the Proposer specified more than one subcontractor for the same portion of the work to be performed under the contract in excess of one-half of one percent of the Proposer’s total proposal, the Proposer agrees to perform that portion. 4. The successful Proposer shall not, without the express written consent of VVTA, either: a. Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original proposal; or b. Permit any subcontract to be assigned or transferred; or c. Allow it to be performed by anyone other than the original subcontractor listed in the proposal. d. Each Proposer shall set forth in its proposal the name and location of the place of business (address) of each subcontractor certified as a disadvantaged business enterprise who will perform work or labor or render service to the prime contractor about the performance of the contract. e. Proposer shall not assign any interest it may have in any Agreement/Contract with VVTA, nor shall Proposer assign any portion of the work under any such Agreement with a value in excess of one-half of one percent of Agreement price to be sub- VVTA RFP 2023-03 Page 12 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION contracted to anyone other than these subcontractors listed in the “List of Subcontracts,” except by prior written consent of VVTA. VVTA’s consent to any assignment shall not be deemed to relieve Proposer of its obligations to fully comply with its obligations under its Agreement with VVTA. Proposer with its own forces shall perform a minimum of ten percent (10%) (calculated as a percentage of the total cost of the project) of the work under this Agreement. Proposer shall also include in its subcontract agreements the provisions of its Agreement with VVTA including the stipulation that each subcontractor shall maintain adequate insurance coverage compatible to the insurance coverage required of the Proposer. Q. PROPOSER’S LICENSING REQUIREMENTS 1. In conformance with the current statutory requirements of Section 7028.15 of the Business and Professions Code of the State of California, regarding submission of a proposal without a license, the Proposer shall provide as part of the proposal the license number, class (or type), and date of expiration of license. a. Class “A” — General Engineering Contractor The principal business is in connection with fixed works requiring specialized engineering knowledge and skill. Or b. Class “B” — General Building Contractor The principal business is in connection with any structure built, being built, or to be built, requiring in its construction the use of at least two unrelated building trades or crafts. AND c. Class “C” — “C” Specialty contractors perform their trade using the art, experience, science, and skill necessary to satisfactorily organize, administer, construct, and complete projects under their classification, in accordance with the standards of their trade. A specialty contractor may use subcontractors to complete the incidental and supplemental work, or may use his/her own employees to do so. (Also see BPC §7058): i. For this project, the specialized licenses shall include all applicable trades listed with the CSLB at: http://www.cslb.ca.gov/About_Us/Library/Licensing_Classifications/ 2. No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. Contractors and subcontractors must be registered for the current fiscal year. 3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Registration can be accomplished through the DIR website by using this link: http://www.dir.ca.gov/Public-Works/PublicWorks.html. 5. Failure of a Proposer to possess the required license on the Proposal date shall render the Proposal non-responsive. http://www.cslb.ca.gov/About_Us/Library/Licensing_Classifications/ http://www.dir.ca.gov/Public-Works/PublicWorks.html VVTA RFP 2023-03 Page 13 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION R. PREVAILING WAGE REQUIREMENTS AND EMPLOYMENT OF APPRENTICES This Project is subject to the provisions of Labor Code §1720, et seq. and regulations set forth in Title 8 §§ 16000 et seq. of the California Code of Regulations, which govern the payment of prevailing wages on public works projects. All Proposers shall be governed by and are required to comply with these statutes and regulations in connection with the Project. Pursuant to Labor Code § 1771, the Proposer receiving award of the contract, its subcontractors of any tier shall pay not less than prevailing wage rates to all workers employed in the execution of the contract. The Director of the Department of Industrial Relations, State of California pursuant to the California Labor Code and VVTA, have determined the general prevailing rates of wages in the locality in which the work is to be performed. Copies of said rates are on fired with the Procurement Manager of VVTA, will be made available for inspection during regular business hours and are also available online at https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. 1. California SB 854 Compliance -VVTA will not accept a proposal from or enter the Contract with a Proposer, without proof that the Proposer and its Subcontractors are registered with the California Department of Industrial Relations (DIR) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. The Proposer shall enter DIR Registration Number on the proposal. 2. Furthermore, the Proposer shall ensure that all subcontractors fully comply with the appropriate licensing requirements. The Proposer shall also certify that all information provided, and representations made in the proposal are true and correct, and made under penalty of perjury. Proposers shall also certify that all information provided, and representations made in the proposal are true and correct, and made under penalty of perjury. Proposers shall provide this information on form entitled “List of Subcontractors (Attachment E).” Failure to provide the information on the certification form or elsewhere as part of the Proposer shall render the proposal nonresponsive to this solicitation and will result in the rejection of the proposal. This work falls under the Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) and that contractor shall supply VVTA with certified payroll documentation. The Davis-Bacon and Related Acts will apply to contractors and subcontractors performing construction, alteration, or repair with federally funded or assisted contracts $2,000 or more. Under this Act, contractors shall be required to pay wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. A current copy of the Davis Bacon Wage Determinations is available upon request. Contractor shall attach a copy of the prevailing wage to bid proposal. The award of contract shall be conditioned upon the acceptance of the wage determination. If State of California prevailing Wage is higher than Davis Bacon, contractor is required to pay the higher rate. https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html VVTA RFP 2023-03 Page 14 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION S. DISADVANTAGED BUSINESS ENTERPRISE This project is subject to Title 49, Code of Federal Regulations (CFR), Part 26, entitled “Participation by Disadvantaged Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs (“Regulations”).” The Regulations in their entirety are incorporated herein by this reference. There is no DBE goal on this project, however DBE participation by Proposers is encouraged. It is the policy of VVTA to ensure non-discrimination in the award and administration of all contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts. Proposers who provide the documentation to ensure DBE participation are also eligible to receive 5 points to its Score during the evaluation process. T. PERFORMANCE AND PAYMENT BOND The awarded Proposer will be required to furnish VVTA: (1) a performance bond; and (2) a payment bond on forms furnished by California Department of Insurance (CDI) approved Surety. The penal amount of each bond shall remain equal to one hundred percent (100 %) of the contract sum. Said bonds must be satisfactory to VVTA and must be executed by a California admitted surety insurer with a policy-holder’s rating of A or higher and a financial class of VII or larger. U. SUBSTITUTION OF SECURITIES Pursuant to Public Contract Code 2230, the Proposer who received award of the contract may, at its sole cost and expense, substitute approved securities equivalent to any retained funds withheld by VVTA to ensure performance of the work, or, in alternative, request that VVTA make payment of retention to an escrow agent. Notwithstanding the foregoing, the Proposer shall have thirty (30) calendar days following VVTA’s Notice to Proceed to submit a written request to VVTA for substitution of securities or payment of retention to an escrow account; failure to do so shall be deemed a waiver of such right. V. CONFIDENTIALITY AND PUBLIC RECORDS ACT All Proposals and other material submitted become the property of VVTA and are subject to release according to the California Public Records Act (Government Code § 6250 et. seq.) Except as otherwise required by state law, VVTA will exempt from disclosure proprietary information, trade secrets and confidential commercial and financial information submitted in the proposal. Any such proprietary information, trade secrets of confidential commercial and financial information, which a Proposer believes should be exempted from disclosure, shall be specifically identified, and marked as such. VVTA will use reasonable means to ensure that such information is safeguarded but will not be held liable for inadvertent disclosure of the information. Proposals marked “Confidential” in their entirety will not be honored. Blanket-type identification by designating whole pages or sections as containing proprietary information, trade secrets or confidential commercial and financial information will not assure confidentiality. The specific proprietary information, trade secrets or confidential commercial and financial information must be clearly identified as such. Proposer fully understands the scope of work/specifications and has carefully checked all words and figures inserted in said RFP and further understands that VVTA will no way be responsible for any errors or submissions in the preparation of this proposal. VVTA RFP 2023-03 Page 15 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION 1. Exclusive Property a. Responses to this RFP become the exclusive property of VVTA and are subject to the California Public Records Act. b. Those elements of each proposal that are trade secrets, as the term is defined in California Civil Code section 3426.1 (d) or otherwise exempt by law from disclosure and which are not prominently marked as TRADE SECRET, CONFIDENTIAL or PROPRIETARY may be subject to disclosure. 2. Disclosure of Records a. Upon a request for records from a third party regarding this RFP, VVTA will notify in writing the party involved. The party involved must respond within twenty (20) calendar days with the identification of any and all “proprietary, trade secret, or confidential commercial or financial” information and the party involved shall agree to indemnify VVTA for its defense costs, (Including reasonable attorney fees) associated with its refusal to produce such identified information; otherwise, the requested information may be released and VVTA shall not be held liable for complying with the records request. b. If disclosure is deemed to be required by law or by an order of the court, VVTA shall not, in any way, be liable or responsible for the disclosure of any such records including without limitation those so marked. c. Any documents that are not marked “TRADE SECRET” or “CONFIDENTIAL” or “PROPRIETARY,” will be made available. 3. Exemption from Disclosure May be Deemed Unresponsive a. VVTA will take into consideration documents that the Proposer deems exempt from disclosure which must be marked “TRADE SECRET” or “CONFIDENTIAL” or “PROPRIETARY.” b. Proposers who indiscriminately identify all or most of their proposals as exempt from disclosure without justification may be deemed non-responsive. 4. Indemnification of VVTA by Proposer a. The Proposer agrees to indemnify, hold harmless and defend VVTA and each of its board members, officers, officials, employees and agents from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of a Public Records Act request for any of the contents of a proposal labeled as protected information and identified as, among other things, “TRADE SECRET” or “CONFIDENTIAL” or “PROPRIETARY.” This obligation shall survive the RFP process, including the awarding of the Contract b. Proposer agrees to absorb all costs and expenses, including attorneys’’ fees, in any action or liability arising under the California Public Records Act pertaining to protected VVTA RFP 2023-03 Page 16 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION information contained and labeled as such in the Proposer’s proposal. 5. Public Interest a. The public interest exemption of the California Public Records Act provides that an agency may withhold the disclosure of a record by showing that the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. b. To protect the integrity of the proposal process, in most instances, price proposals and information regarding the contents of a proposal, will not be released or made available to other Proposers or the public until contract award is made by VVTA’s Board of Directors and after the conclusion of any protest. c. VVTA shall employ sound business practices no less diligent than those used for VVTA’s own confidential information to protect the confidence of all licensed technology, software, documentation, drawings, schematics, manuals, data and other information and material provided by Proposers and the Contractor pursuant to the Contract which contain confidential commercial or financial information, trade secrets or proprietary information as defined in or pursuant to the state law against disclosure of such information and material to third parties except as permitted by the Contract. The Contractor shall be responsible for ensuring that confidential commercial or financial information, trade secrets or proprietary information, with such determinations to be made by VVTA in its sole discretion, bears appropriate notices relating to its confidential character. W. ACCEPTANCE/REJECTION OF PROPOSALS 1. VVTA reserves the right to reject any or all proposals for sound business reasons, to undertake contract negotiations with one or more Proposers, and to accept that proposal, which in its judgment, will be most advantageous to VVTA, price and other evaluation criteria considered. VVTA reserves the right to consider any specific proposal, which is conditional or not prepared in accordance with the instructions and requirements of this RFP to be non- responsive. VVTA reserves the right to waive any defects, or minor informalities or irregularities in any proposal which do not materially affect the proposal or prejudice other proposals. 2. If there is any evidence indicating that two or more Proposers are in collusion to restrict competition or otherwise engaged in anti-competitive practices, the proposals of all such Proposers shall be rejected, and such evidence may be a cause for disqualification of the participants in any future solicitations undertaken by VVTA. 3. VVTA reserves the right to reject a proposal that includes unacceptable conditions, exceptions, and deviations. X. SINGLE PROPOSAL RESPONSE If only one proposal is received in response to this RFP and it is found by VVTA to be acceptable, a detailed price/cost proposal may be requested of the single Proposer. A price or cost analysis, or both, possibly including an audit, may be performed by or for VVTA RFP 2023-03 Page 17 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION VVTA of the detailed price/cost proposal to determine if the price is fair and reasonable. The Proposer has agreed to such analysis by submitting a proposal in response to this RFP. A price analysis is an evaluation of a proposed price that does not involve an in- depth evaluation of all the separate cost elements and the profit factors that comprise a Proposer’s price proposal. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity, involving similar specifications and in a similar time frame. Where a difference exists, a detailed analysis must be made of this difference and costs attached thereto. Where it is impossible to obtain a valid price analysis, it may be necessary to conduct a cost analysis of the proposed price. A cost analysis is a more detailed evaluation of the cost elements in the Proposer’s Offer to perform. It is conducted to form an opinion as to the degree to which the proposed costs represent what the Proposer’s performance should cost. A cost analysis is generally conducted to determine whether the Proposer is applying sound management in proposing the application of resources to the contracted effort and whether costs are allowable, allocable, and reasonable. Any such analyses and the results therefrom shall not obligate VVTA to accept such a single proposal; and VVTA may reject such proposal at its sole discretion. Y. CANCELLATION OF PROCUREMENT VVTA reserves the right to cancel the procurement, for any reason, at any time before the Contract is fully executed and approved on behalf of VVTA. Z. AVAILABILITY OF FUNDS This procurement is subject to the availability of funding. VVTA’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of VVTA for any payment shall arise until funds are made available to the Contracting Officer for this contract and until the Contracting Officer receives notice of such availability, by issuance of a written Notice to Proceed by the Contracting Officer. Any award of Contract hereunder is conditioned upon said availability of funds for the Contract. AA. VVTA’S RIGHTS 1. Each proposal will be received with the understand that acceptance by VVTA of the proposal to provide services described herein shall constitute a contract between the Proposer and VVTA which shall bind the Proposer on its part to furnish and deliver at the prices given and in accordance with conditions of said accepted proposal and specifications. 2. VVTA reserves the right, in its sole discretion to: a. Accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b. Withdraw or cancel this RFP at any time without prior notice. VVTA makes no representations that any contract will be awarded to any Proposer responding to this RFP. VVTA RFP 2023-03 Page 18 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION c. Issue a new RFP for the project. d. To postpone the proposal opening for its own convenience. e. Investigate the qualifications of any proposal, and/or require additional evidence or qualifications to perform the work. BB. CONFLICT OF INTEREST AND CODE OF CONDUCT 1. POLICY OVERVIEW Federal regulations require VVTA to prevent conflicts of interest in contract awards. VVTA also seeks to avoid any appearance of conflicts of interest. VVTA personnel and Contractors are expected to avoid conflicts of interest or appearances thereof and actions which could result in favoritism or appearances thereof. 2. GUIDELINES FOR CONTRACTOR RELATIONSHIPS To avoid conflict whether real or apparent, the following shall apply to employees of any Contractor providing services to VVTA. No Contract Management personnel or support staff shall: (a) Make recommendations or be involved in preparation of specifications for any contracts for which that Contract personnel may propose. (b) Be involved in any aspect of evaluation, selection, or award of a contract for which that Contract personnel may propose. (c ) Be involved in any aspect of contract administration of a contract or subcontract which has been awarded to Contract personnel. CC. EVALUATION, NEGOTIATION AND SELECTION The basis of award of the resulting contract shall be to the responsible and responsive Proposer whose proposal scores are the highest based on the criteria listed below. 1. OPENING OF PROPOSALS Proposal will be reviewed and evaluated in accordance with the criteria and procedures described in this document. Proposers determined to be within a competitive range and that have a reasonable chance of receiving a contract may be contacted to schedule a meeting with VVTA to carry out further negotiations and discussions. VVTA reserves the right to award to a proposer without further discussions, negotiations, or it may determine that no proposer meets the needs of VVTA. 2. EVALUATION TEAM An evaluation team will be assembled by the VVTA Executive Director or designee. VVTA RFP 2023-03 Page 19 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION The team will be made up of staff of VVTA and may include representatives of other nearby government agencies affected by this procurement. 3. PROPOSAL SELECTION PROCESS a. The following describes the process by which proposals will be evaluated and a selection made for a potential award. Upon receipt of the proposals, copies will be distributed to the evaluation team members, together with scoring sheets, which include the evaluation criteria, and the points assigned to each category. b. Each team member will review the Proposers’ submittals and in conjunction with the criteria contained in Section Y.5., below. All Proposals shall be evaluated and ranked for the purpose of determining the competitive range and to select a proposal determined to be the most advantageous to VVTA. c. Proposals that do not comply with the instructions contained in these RFP documents and do not include the required information shall be rejected as non-responsive and shall not be considered for the competitive range. VVTA reserves the right to waive technical defects, discrepancies, and minor irregularities in an RFP and/or submitted proposal(s). VVTA reserves the right to award any alternatives set forth in the solicitation documents in its sole discretion. Submitted proposals may be rejected if there is any alteration of the RFP forms, additions not called for, conditional proposals, incomplete proposals, or irregularities of any kind. VVTA reserves the right to reject any proposal not in compliance with the solicitation documents or prescribed public contracting procedures and requirements. Written notice of rejection of all submitted proposals shall be sent to all Proposers. ALL UNSIGNED PROPOSALS SHALL BE REJECTED. d. Submittal of a proposal shall mean that the Proposer has accepted the VVTA Contract Documents in their entirety without exception. e. When the individual members of the evaluation teams have completed their evaluations, the entire team will meet to discuss and review the proposals. Once the discussions have been completed, members will have an opportunity to revise their scores independently. A final consensus meeting shall be held to confirm the most technically qualified and best value proposal submitted for award. The VVTA Contracting Officer, or designee, shall serve as Chairman of the Evaluation Committee. f. Proposals that have been determined not to be in the competitive range and cannot be reasonably made to be within the competitive range, will be notified in writing, that they are no longer under consideration. 4. QUALIFICATION REQUIREMENTS a. The Proposers, whose proposals have been determined by the evaluation process to be in the competitive range, will be notified and scheduled to meet with VVTA for further discussions, clarifications, and negotiations. Any Proposal deviations submitted by the Proposer will be VVTA RFP 2023-03 Page 20 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION discussed as part of the negotiations process. However, VVTA at its discretion may in its best interest, reject any and all such conditions, exceptions, and deviations. Any proposal which fails to comply with the VVTA instructions and requirements listed in the solicitation documents shall be deemed non-responsive and their proposal shall be rejected. b. As part of the negotiation process, VVTA reserves the right to conduct factory visits to inspect the Proposer’s facilities. VVTA shall also have the right to contact other party with whom the Proposer has experience with this type of request, and other relevant references which the Proposer has listed. c. At the conclusion of the discussion and negotiation processes, each of the Proposers still determined by VVTA to be within the competitive range will be afforded the opportunity to submit a revised proposal with a clear understanding that VVTA will then choose that proposal, which it finds to be most advantageous based upon the evaluation criteria and final scoring. The results of the evaluations and the selection of a proposal for any award will be documented in a report to the final acquisition approval authority within VVTA. 5. PROPOSAL EVALUATION CRITERIA AND SCORING a. Listed below is the point scale system by which proposals from responsible Proposers will be evaluated and ranked for the purpose of determining any competitive range and to make any selection of a proposal for a potential award. EVALUATION CRITERIA MAXIMUM POINTS RESPONSIVENESS – All documents have been received as requested, prior to the due date. PASS/FAIL RESPONSIBILITY – All requested documents include the required signatures and, if needed, required notary review, signature, and stamp. All financial documents received represent that the Proposer has the financial capacity to perform this project. PASS/FAIL 1. EXPERIENCE AND QUALIFICATIONS: Proposer’s experience with similar projects as explained in Attachment A – SCOPE OF WORK 20 Quality of Proposed Staff 15 Demonstrated Technical Ability and Resources 15 2. PROPOSAL: Demonstrates understanding of the work to be done. 20 3. LOCAL BUSINESS PREFERENCE: Businesses who are licensed within the City of Hesperia, City of Barstow, City of VVTA RFP 2023-03 Page 21 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION Adelanto, City of Victorville, Town of Apple Valley, and unincorporated areas of San Bernardino County that are within VVTA’s service area. A business license must be included in the Proposal in order to be considered for preference. 5 4. DISADVANTAGED BUSINESS ENTERPRISE (DBE) AND/OR CALIFORNIA REGISTERED SMALL BUSINESS While this project is not Federally Funded, VVTA has been tasked to reach out to these entities to participate in our solicitations. DBE and/or SB Certificates must be included in Proposal in order to qualify for these points. 5 5. REFERENCES – References provided in Attachment E will be contacted. These references will be scored based on the responses from the references. 15 6. PRICE PROPOSAL 15 TOTAL POSSIBLE POINTS 110 b. The cost factor will be made up of two components, technical scores up to ninety-five (95) base Technical points; and Price Fifteen (15) Base Price points. The maximum 110 base points available will be awarded to the Proposer with the highest technical score combined with the Price score. Price points will be calculated by dividing the lowest price offered by the proposal price being scored and multiplying the quotient of the calculation by (15); (Low offer divided by next highest offer) times 15 points. c. The balance of the evaluation criteria will be scored on the evaluator’s assessment in the areas described in the Table above, based on the following system: Exceptional: Fully compliant with the solicitation requirements and with desirable strengths or betterments; no errors, omissions, discrepancies, weakness, or potential risks. Proposals judged to fall within these parameters will receive 90 to 100% of the points available for the category. Good to Superior: Compliant with requirements of the solicitation; some minor errors, omissions, discrepancies, weakness, or risks. Proposals in this range will receive 80 to 89% of the points available for the category. Adequate: Minimally compliant with solicitation requirement; with errors, omissions, discrepancies, weakness, or risks; which may be possible to correct and make acceptable. Proposals in this range will receive 70 to 79% of the points available for the category. Poor to Deficient: Non-compliant with solicitation requirements; contains errors, omissions, discrepancies, weaknesses, or risks which would be difficult to correct or make acceptable. Proposals in this range will receive 60 to 69% of the VVTA RFP 2023-03 Page 22 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION points available for the category. Unacceptable: Totally deficient and non-compliant with requirements; contains major non-correctable errors, omissions, discrepancies, weaknesses, or risks. Proposals in this range will receive 0 to 59% of the points available for the category. 6. EVALUATION PROCEDURES a. All aspects of the evaluations of the proposals and any discussions and/or negotiations, including documentation, correspondence, and meetings, will be kept confidential during the evaluation and negotiation process. b. Proposals will be analyzed for conformance with the instructions and requirements of the RFP and Contract documents. Any proposal which fails to comply with the VVTA instructions and requirements listed in the solicitation documents shall be deemed non-responsive and their proposal shall be rejected. Proposers are advised that the detailed evaluation forms and procedures will follow the same proposal format and organization specified in Section J. Therefore, Proposer shall pay close attention to and strictly follow all instructions and requirements. Submittal of a proposal means that the Proposer has accepted all of the Contract documents, except such conditions, exceptions, reservations, or understandings explicitly, fully, and separately stated on the forms and according to the instructions of “Form for Proposal Deviation” (Attachment E). Any such conditions, exceptions, reservations or understanding which do not result in the rejection of the proposal are subject to evaluation under the criteria of “Proposal Evaluation Criteria” (Section Y.5.) c. Evaluations will be made in strict accordance with all of the evaluation criteria and procedures specified in “Proposal Selection Process” (Section Y.3.) above. VVTA shall select for any award the highest ranked proposal from a responsible Proposer, qualified under “Qualification Requirements” (Section Y.4.), which does not render this procurement financially infeasible and is judged to be most advantageous to VVTA based on consideration of the evaluation “Proposal Evaluation Criteria” (Y.5.). 7. QUALIFICATION OF RESPONSIBLE PROPOSERS Proposals will be evaluated in accordance with requirements of “Qualification Requirements” (Section Y.4.) to determine the responsibility of Proposers. Any proposals from Proposers whom VVTA finds not to be responsible and finds cannot be made to be responsible may not be considered for the competitive range. Final determination of a Proposer’s responsibility will be made upon the basis of initial information submitted in the proposal, any information submitted upon request by VVTA, and information resulting from Agency inquiry of Proposer’s references, and its own knowledge of the Proposer. VVTA RFP 2023-03 Page 23 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION 8. DETAILED EVALUATION OF PROPOSALS AND DETERMINATION OF COMPETITIVE RANGE a. Each proposal will be evaluated in accordance with the requirements and criteria specified in “Proposal Selection Process” (Section Y.3.) b. The following are the minimum requirements that must be met for a proposal to be considered responsive for inclusion in the competitive range. All of these requirements must be met; therefore, they are not listed in any particular order of importance. Any proposal that VVTA finds not to meet these requirements and that cannot be remedied as part of the negotiation process will be determined to be non-responsive and will not be included in the competitive range. The minimum requirements are as follows: i. Proposer is initially evaluated as responsible in accordance with the requirements of “Qualification Requirements” (Section Y.4.) Final determination of responsibility will be made through the evaluation process. ii. Proposer has demonstrated its responsiveness by following the instructions of the RFP and included sufficient detail information, such that the proposal can be evaluated. Any informalities in regard shall be determined by VVTA to be either a defect and non- responsive or an informality that VVTA will waive in accordance with “Acceptance/Rejection of Proposals” (Section S) iii. Proposal price would not render this procurement financially infeasible, or it is reasonable that such proposal price might be reduced to render the procurement financially feasible. c. VVTA will document its evaluations in accordance with the criteria and procedures of “Proposal Selection Process” (Y.3.). Any proposal deficiencies which may render a proposal non-responsible and non- responsive will be documented. VVTA will make specific note of questions, issues, concerns, and areas requiring clarification by Proposers and to be discussed through any contact with Proposers, which VVTA finds to be within the competitive range. Rankings and spreads of the proposals against the evaluation criteria will then be made by VVTA as a means of judging the overall relative spread between proposals and of determining which proposals are within the competitive range or may be reasonably made to be within the competitive range. 9. PROPOSALS NOT WITHIN THE COMPETITIVE RANGE Proposers of any proposals that have been determined by VVTA as not in the competitive range will be notified in writing, including the shortcomings of their proposals. VVTA RFP 2023-03 Page 24 of 24 (Rev 11/2022) VICTORVILLE TRANSPORTATION CENTER RENOVATION 10. DISCUSSIONS WITH PROPOSERS IN THE COMPETITIVE RANGE a. The Proposers, whose proposals are found by VVTA to be within the competitive range, will be notified and any questions and/or requests for clarifications provided to them in writing. Each such Proposer may be contacted with VVTA to discuss answers to written or oral questions, clarifications, and any facet of its proposal. b. In the event that a proposal, which has been included in the competitive range, contains conditions, exceptions, reservations, or understandings to any Contract requirements as provided in “Form for Proposal Deviation” (Attachment E), said conditions, exceptions, reservations, or understandings may be negotiated during contract negotiations. However, VVTA shall have the right to reject any and all such conditions and/or exceptions, which fail to comply with the VVTA instructions and requirements listed in the solicitation documents may be deemed non-responsive and their proposal to be outside the competitive range and rejected. c. No information, financial or otherwise, will be provided to any Proposer about any of the proposals from other Proposers. Proposers will not be given a specific price or specific financial requirements they must meet to gain further consideration, except that proposed prices may be considered to be too high with respect to the marketplace or unacceptable. Proposers will not be told of their rankings among the other Proposers. d. Factory and Site Visits. At its sole discretion, VVTA reserves the right to conduct factory visits to inspect the Proposer’s facilities and/or other transit systems which the Proposer has supplied, including representative examples of the equipment and installation provided similar to the scope of this RFP. e. Best Offers. VVTA expects that all responsible and responsive Proposers shall submit their Best Offer upon initial submission in response to this solicitation. f. VVTA reserves the right to make an award to a Proposer whose proposal it judges to be most advantageous to VVTA based upon the evaluation criteria, without conducting any written or oral discussions with any Proposers or solicitation of any BAFO. **** End of Instructions to Proposers **** VVTA RFP 2023-03 Victorville Transfer Hub Renovation ATTACHMENT A - SCOPE OF WORK RFP 2023-03 Page 1 of 4 (Rev 8/2022) ATTACHMENT A – SCOPE OF WORK PROJECT BACKGROUND AND DESCRIPTION The purpose of the Victor Valley Transportation Authority – Victorville Transfer Hub Renovation project is to update and improve the hub’s current conditions and utilization for the Authority employees and the general public. The new improvements will improve public services and reduce operating inefficiencies by providing a dedicated ticketing office; a dedicated drivers rest area; restrooms expansion; and improvements to the public bus waiting area including adding a cover/roof for public protection from weather elements. The transfer hub is located at 16838 S D St, Victorville, California. It includes an administration building, eight sawtooth-cut bus stops, a pergola style shade structure (canopy), several passenger benches to accommodate awaiting passengers, and two parking lots. The administration building area is approx. 6,106 sq. ft. and includes a security office, the Greyhound office, a restaurant, a VVTA office, and two restrooms. This Project includes the design and construction of the Transfer Hub improvements. The current security office is to be renovated to become a ticketing office and driver's rest area (approx. 35.6' x 11.8'). The interior lobby, waiting area, and corridors are to be painted and the baseboards replaced. The restrooms area is to be renovated by repairing/replacing broken or damaged wall tiles, replacing flooring with resinous epoxy, and replacing partition panels with stainless steel. Four additional unisex restrooms (one to be ADA compliant) are to be installed outside, adjacent to existing restrooms. See below for required fixtures. The canopy/pergola structure is to be covered with a roof of suitable and acceptable material that is approved by AHJ’s (Authorities having jurisdiction) that can provide the public with good protection from sun, rain, and other harsh weather. Misting systems are to be added to the canopy structure near bench areas to provide comfort from heat to the passengers. This structure currently has lighting and security cameras, which shall be relocated as necessary to improve operational and service conditions and meet the most recent code requirements. All lighting under the canopy/pergola will be upgraded to LED lights. The project will also include the installation of additional passenger benches near the bus cutouts, for a total of 17 benches, and 2 shelters/benches on island. The” Victor Valley Transportation Center” sign is to be repaired and sign light fixtures replaced with LED fixtures. As-built drawings are included with this package. Please refer to the below itemization of the project scope of work. The selected contractor shall provide the design and all construction to satisfy the technical specifications of this RFP. The selected contractor shall also obtain the required permits from the City of Victorville Departments and AHJ’s as required by law (VVTA shall cover expenses for such permits – exclude this cost from your cost proposal.) All design and construction work must be completed within two hundred fifteen (215) calendar VVTA RFP 2023-03 Victorville Transfer Hub Renovation ATTACHMENT A - SCOPE OF WORK RFP 2023-03 Page 2 of 4 (Rev 8/2022) ATTACHMENT A – SCOPE OF WORK days after the Date of Commencement established in VVTA's Notice to Proceed. If an extension is needed due to climate or permit requirements, the awarded contractor is to request the extension as soon as evidenced. VICTORVILLE TRANSFER HUB ADMINISTRATION BUILDING RENOVATION The building interior renovation requirements include: - Ticketing office and Break Room o Create a break room adjacent to the ticketing office by extending the south-facing ticketing office wall across the open area to the east wall. o Demolish the ticketing office southeast corner wall (The wall with a window) and extend the wall to the southern ticketing office wall enclosing the office. o Install ceiling for the break room. ▪ This should create a small ticketing office with a larger room for drivers’ break area divided with a wall and door. o Install doors, keys, and proxy for ticketing office and break room. o Extend HVAC to both rooms o Install new lighting for the breakroom and ticket office. o Install electrical outlets and data ports in both rooms. o Paint walls and ceilings in the ticket office and break room. ▪ VVTA shall approve all colors. o Install water cooler in the driver's break area and bring in a water line o Adjust fire sprinklers and fire alarm system and connect it to the city Fire Alarm system o Install six (6) surveillance cameras covering the lobby and driver’s area. ▪ Location to be approved by VVTA o Replace the pass sales window with an impact-resistant window with a speaker and a small pass-through opening at the bottom center of the window. - Install badge reader security system for west side entrance doors, ticketing office, breakroom, and interior restrooms. o Must be able to utilize VVTA's current badges and be managed on VVTA's current system. ▪ VVTA currently uses RFID iClass DP Cards and readers, managed on Access Its software version 9.2.0 - Replace the west side entrance double doors with like doors. o Install ADA push-button access to open doors. - Painting walls and repairing minor damage in the lobby, waiting area, and all corridors. - Replace linoleum baseboards with like baseboards. - Install 120-volt power and Cat 5 cabling for internet access for future installation of bus information monitor/signage at location approved by VVTA. Existing Restroom Renovation (Men's and Women's): - Replace both restroom entrance doors with secure locking doors o Keyed to existing facility master key - Replace tile flooring with non-slip, chemical resistant, resinous flooring. o Colors provided by the awarded contractor must be approved by VVTA. VVTA RFP 2023-03 Victorville Transfer Hub Renovation ATTACHMENT A - SCOPE OF WORK RFP 2023-03 Page 3 of 4 (Rev 8/2022) ATTACHMENT A – SCOPE OF WORK - Repair and/or replace wall tiles that are broken, damaged, or missing. - Replace stall and urinal partitions with stainless steel partitions. Unisex Restrooms: - Design and build four (4) unisex restrooms outside and adjacent to existing restrooms (one restroom to be ADA compliant.). Restrooms must be such that they can be secured against vandalism at night. o Toilet and toilet accessories should be stainless steel. o LED lighting ▪ Shall Include motion detection on/off sensors. - Install exterior stainless-steel sink facing the west side of the building. o The sink should be heavy duty and fit with the building. o Install stainless steel electric hand dryers near exterior sink. o To be installed in a well-seen area of the building, preferably west facing. o Needs to be well lit at night. - Install exterior lighting and security cameras to monitor the restroom doors. Waiting Area/Canopy: - Repair and repaint existing structure, and remove and replace rotted or damaged wood o All sample and available colors are to be provided by the awarded contractor to VVTA for approval; all colors must be approved by VVTA - Add outdoor misting systems throughout the structure for customer comfort. - Install shade cover/roof keep in mind that the current wood structure should be engineered to support the added weight. o The existing structure must be checked and verified by the awarded contractor to ensure the current engineering of the structure will support a cover/roof for lift, weight, etc. o Material and design must be approved by VVTA & AHJ’s - Install roof gutter with leaf filters and downspouts - Install fire sprinklers and alarm system - Re-Install previously existing security cameras as necessary after cover/roof installation. o If relocation is necessary, awarded contractor to recommend new location and must be approved by VVTA. - Install new seats/benches. - Install new LED lighting fixtures. - Install 120-volt power and Cat 5 cabling for internet access for future installation of bus information monitor/signage at each end of the platform in locations approved by VVTA. Exterior/Grounds: - Repair “Victor Valley Transportation Center” Sign - Replace both “Victor Valley Transportation Center” signs light fixtures with LED light fixtures VVTA RFP 2023-03 Victorville Transfer Hub Renovation ATTACHMENT A - SCOPE OF WORK RFP 2023-03 Page 4 of 4 (Rev 8/2022) ATTACHMENT A – SCOPE OF WORK EXAMINATION OF SITE OF WORK, PROPOSAL FORMS AND TERMS AND CONDITIONS Proposers are responsible for reviewing this RFP, examining the Project site and areas prior to the Proposal deadline and utilizing such other means as they may choose to determine actual conditions of the work and accuracy of the information contained in this RFP. It will be assumed, in considering Proposals, that the Proposer has investigated and is satisfied: as to the existing facilities; as to the local conditions to be encountered including soils and subsurface conditions; as to the character, quality and quantities of work to be performed and materials to be furnished; as to the requirements of the Terms and Conditions; and as to the uncertainty of weather, the climate particular to this location, and all other contingencies. The submission of a Proposal shall constitute prima facie evidence that the Proposer has made such an investigation. RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT B – FEDERAL REGULATORY REQUIREMENTS RFP 2023-03 Page 1 of 1 Rev. 10/2022 ATTACHMENT B – REGULATORY REQUIREMENTS THE RESULTING CONTRACT FROM THIS RFP SHALL BE FINANCED WITH FEDERAL FUNDS The links below are attached to this RFP and are herein incorporated. By submitting a proposal, the PROPOSER agrees to compliance with all reference Federal Regulatory Requirements. It is the responsibility of the Proposer to ensure compliance with all of the regulations that are applicable to this solicitation and resulting contract. The federal regulations Check List – a listing by Contract Dollar amount showing the applicable regulations for any Federally Funded contract: http://vvta.org/wp- content/uploads/2018/08/VVTA_PROCUREMENT_FEDERAL-CLAUSE- CHECKLIST_20180808.pdf The following is “Appendix A” of the Federal Procurement Best Practices Manual and includes the full text for all of the clauses included in the above checklist: http://vvta.org/wp- content/uploads/2019/04/FTA_Required_Clauses_12.14.17.pdf http://vvta.org/wp-content/uploads/2018/08/VVTA_PROCUREMENT_FEDERAL-CLAUSE-CHECKLIST_20180808.pdf http://vvta.org/wp-content/uploads/2018/08/VVTA_PROCUREMENT_FEDERAL-CLAUSE-CHECKLIST_20180808.pdf http://vvta.org/wp-content/uploads/2018/08/VVTA_PROCUREMENT_FEDERAL-CLAUSE-CHECKLIST_20180808.pdf http://vvta.org/wp-content/uploads/2019/04/FTA_Required_Clauses_12.14.17.pdf http://vvta.org/wp-content/uploads/2019/04/FTA_Required_Clauses_12.14.17.pdf VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 1 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT THIS CONTRACT is made and entered into this ___ day of ____, 20__, by and between the VICTOR VALLEY TRANSIT AUTHORITY, a Joint Powers authority, created pursuant to the laws of the State of California (“VVTA” OR “Agency”) and ______________________ (“CONTRACTOR”). RECITALS WHEREAS, VVTA circulated and distributed a Request for Proposal (“RFP”) from qualified firms who can provide the labor and materials for renovation of the Victorville Transportation Center at 16838 D Street, Victorville, CA 92395. A copy of the RFP is attached herein as Exhibit 1 (RFP); and WHEREAS, CONTRACTOR submitted a proposal to provide the required services per the Scope of Work described in the RFP, a copy which is attached herein as Exhibit 2: and WHEREAS, CONTRACTOR has represented and warrants to VVTA that it has the necessary training, experience, expertise, physical manufacturing capacity and staff competency to provide the services, goods and materials that are described in this Contract, at a cost to VVTA as herein specified and that it will be able to perform the herein described services for VVTA by virtue of its current resources and specialized knowledge of relevant data, issues, and conditions: and WHEREAS, CONTRACTOR represents and warrants that neither CONTRACTOR, nor any of its officers, agents, employees, contractors, subcontractors, volunteers, or five percent owners, is excluded or debarred from participating in or being paid for participation in any Federal or State program; and WHEREAS CONTRACTOR further represents and warrants that no conditions or events now exist which give rise to CONTRACTOR, or any of its officers, agents, employees, contractors, subcontractors, volunteers, or five percent owners being excluded or debarred from any Federal or State program; and WHEREAS CONTRACTOR understands that VVTA is relying upon these representations in entering into this Contract. NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, VVTA and CONTRACTOR hereby agree as follows: 1. SCOPE OF WORK A. CONTRACTOR will perform the Work and related tasks as described in Attachment A, Scope of Work (Exhibit 2) hereto and is incorporated by reference into and made a part of this Contract. B. This is a non-exclusive Contract, whereby VVTA may, at its sole discretion, augment or supplant the Work with its own forces or forces of another contractor or entity. CONTRACTOR will cooperate fully with VVTA’s staff or other contractor or entity that may be providing similar or the same Work for VVTA. VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 2 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT 2. CONTRACT DOCUMENTS The complete Contract between the parties shall consist of the following component parts: This Contract; A. Exhibit 1 – RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION including Addenda and all Attachments; B. Exhibit 2 – RFP 2023-03 SCOPE OF WORK C. Exhibit 3 – CONTRACTOR’s PROPOSAL Submission dated _________________ D. Exhibit 4 – CONTRACTOR’s Proof of Insurance dated _______________________ E. Exhibit 5 – CONTRACTOR’s Price Proposal dated _________________________ F. Exhibit 6 – Completed, signed, and notarized (if applicable) forms as required by the Solicitation. All the Exhibits mentioned in this Contract are attached and are herein incorporated. This Contract and the other Exhibits mentioned constitute the entire Contract between the parties. In the event of any conflict between any of the provisions of this Contract and Exhibits, the provision that requires the highest level of performance from CONTRACTOR for VVTA’s benefit shall prevail. Proposer shall execute and submit Certifications as required in the RFP and shall be submitted separately in each Proposer’s Price Bid. In the event of any conflict between the final contract and the provisions included in the attachments, the negotiated terms of the final contract shall prevail. 3. PERIOD OF PERFORMANCE This Contract shall commence on ____________ and shall continue in full force and effect through _______________,unless earlier terminated or extended as provided in this Contract. 4. TOTAL CONSIDERATION A. In accordance with the terms and conditions of this Contract, VVTA shall pay CONTRACTOR for its obligations under this Contract. VVTA shall pay CONTRACTOR on a FIXED PRICE basis at the fully burdened fixed rates stated herein in accordance with the provisions, of this Section, and subject to the maximum cumulative payment obligation RATES VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 3 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT B. VVTA’s maximum cumulative payment obligation under this Contract shall not exceed ___________________ ($___________.__), including all amounts payable to CONTRACTOR for all costs, including but not limited to direct labor, other direct costs, subcontracts, indirect costs including, but not limited to, leases, materials, taxes, insurance, and profit. 5. ACCEPTANCE, INVOICING AND PAYMENT A. Acceptance When the whole Project has been completed in all respects in accordance with the completed, plan-checked and VVTA approved Plans and Specifications, to the full satisfaction of VVTA, VVTA will then provide a Notice of Completion to the CONTRACTOR. Projects bid with a segregation of costs for separate, independent portions may, at VVTA’s discretion, have each of the separate portions accepted individually. The date of acceptance of the Project as stated on the Notice of Completion shall be the official completion date relating to the assessment of liquidated damages. Acceptance shall be final and conclusive except for latent defects, gross mistakes amounting to fraud, audit rights, or Trustees’ rights under any warranty or guarantee. The date of the Notice of Completion shall be the official completion date relating to stop notices and stop payment notices. All stop notices and stop payment notices must be filed with VVTA within 30 Days after the date on VVTA’s Notice of Completion. All claims arising from this Contract shall be submitted in writing to VVTA no later than 30 Days after the recordation date on VVTA’s Notice of Completion (Section 25. SUBMITTAL OF CLAIMS BY CONTRACTOR). B. Partial Payment To assist in computing payments, CONTRACTOR shall submit to the Project Manager and VVTA a “Schedule of Values” of CONTRACTOR’S actual and estimated costs for each item of Work, including approved change orders. The cost breakdowns shall be in sufficient detail for use in estimating the Work to be completed each month and shall be submitted within 21 Days after the date of commencement of Work given in the Notice to Proceed. CONTRACTOR shall also provide the breakdown of the awarded Contract value by completing the Uniformat Building Systems form. This information is valuable to VVTA for budgeting purposes and shall be submitted by CONTRACTOR to the Project Manager along with the initial submittal of the Schedule of Values. Once each month during the progress of the Work, CONTRACTOR shall submit to the Project Manager a partial payment request. CONTRACTOR shall base the partial payment request on the approved bid breakdown for the cost of the Work completed plus, where applicable, a maximum of 90% of the verified supplier-invoiced and CONTRACTOR-purchased value for the acceptable materials delivered to the site, or stored subject to the control of CONTRACTOR but identified as the property of VVTA, and not yet installed and as allowed on the Contract Payment Request Form, line 2-f. CONTRACTOR must make any materials stored offsite accessible to VVTA to verify invoiced value and shall deliver these materials to VVTA upon request. When submitting a request for payment for materials, CONTRACTOR shall submit the Request for Materials On Hand Form with its partial payment request. VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 4 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT The partial payment request shall be submitted on the monthly anniversary of the day selected by CONTRACTOR in the job start meeting. The Project Manager shall review and certify the validity of the request, which, if the request includes an invoice for materials, then it shall include an inspection by the Project Manager of materials invoiced. No partial payment shall be made without the certification of the Project Manager, unless the partial payment is strictly administrative, and is processed after the completion of the Work (e.g. release of stop notice and stop payment notice claims). Partial payment requests shall be processed with five percent (5%) retention. VVTA shall hold retention in part as security for the fulfillment of the Contract by CONTRACTOR. VVTA will withhold sufficient funds in addition to the retention to cover for anticipated liquidated damages, stop payment notices, Labor Code wage and penalty assessments, unacceptable Work, punch list Work, and VVTA’s back-charges such as for retesting and re-inspection. VVTA will withhold monies from partial payments for incomplete punch list Work in addition to retention. VVTA shall not process partial release of retention before Contract completion (Public Contract Code section 10851) unless the Project is phased with a segregation of costs. Partial payments shall not be construed as acceptance of any Work which is not in accordance with the requirements of the Contract. Once the Project Manager has certified the partial payment request, it shall be submitted to VVTA’s Contract Administrator for approval and processing (Public Contract Code section 10851). Payment will then be processed in accordance with section 10853 of the Public Contract Code. Such procedure provides for 39 Days processing, from the date of receipt of an undisputed and properly submitted payment request by the Construction Administrator. CONTRACTOR shall submit invoices in duplicate to: VICTOR VALLEY TRANSIT AUTHORITY ATTN: PROCUREMENT MANAGER/CONTRACT ADMINISTRATOR 17150 SMOKE TREE STREET HESPERIA, CA 92345-8305 C. VVTA shall remit payment within forty-five (45) calendar days of approval of the invoices by VVTA Senior Staff. VVTA does encourage the CONTRACTOR to accept discount terms of 2% 10, net 45, in the event the CONTRACTOR is in need of expedited terms. D. Stop Payment Notices VVTA shall retain out of any money due or that may become due CONTRACTOR, sums sufficient (125 percent of the claim) to cover claims filed pursuant to the stop payment notice provisions of the law (Civil Code section 9000 et seq.). Preliminary notices and stop payment notices shall be presented to VVTA in proper form and should be addressed to the Construction Administrator and sent to VVTA at the address above and at the preconstruction conference. CONTRACTOR shall be responsible to communicate this information to all subcontractors. E. Final Payment VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 5 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT After VVTA’s acceptance of the Project as complete, CONTRACTOR shall submit to the Construction Administrator a payment request stating the total due under the Contract less the retention. This payment request will be processed in the same manner as the partial payment requests. Refer to 5.B, Partial Payments. VVTA shall notify CONTRACTOR of the date of recordation of the Notice of Completion. CONTRACTOR shall then submit a request for payment of the retention to the Construction Administrator, who will process the retention payment 45 Days after the date of recordation by the County Recorder. VVTA shall continue to retain funds to cover liquidated damages, stop notices and stop payment notices, state labor commissioner claims, back charges from VVTA, unexecuted credit change orders, and other such claims that may be received up to the end of the 45 Days period following recordation. If any stop notices or stop payment notice has been filed, payment shall be withheld in an amount of at least 125 percent of the total claims filed until either the rights under the stop notice or stop payment notice have been settled or CONTRACTOR has posted sufficient bond in an amount of at least 125 percent of the total claims filed to secure payment of such claims. On projects bid with a segregation of costs for separate, independent portions which portions are accepted individually pursuant to Section 5.A, Acceptance, the final payment procedure specified in this Article shall be followed. The total amount due under the Contract, the amounts retained, other claims for compensation, and the filing of stop notices and stop payment notices shall refer only to the portion accepted. In the event VVTA should overpay CONTRACTOR, such overpayment shall not be construed as a waiver of VVTA’s right to obtain reimbursement for the overpayment. Upon discovering any overpayment, either on its own or upon notice of VVTA, CONTRACTOR shall immediately reimburse VVTA the entire overpayment or, at its sole discretion, VVTA may deduct such overpayment amount from monies due to CONTRACTOR under this Contract or any other Contract between VVTA and CONTRACTOR. 6. AUDIT AND INSPECTION OF RECORDS In accordance with 49 C.F.R. § 18.36(i), 49 C.F.R. § 19.48(d), and 49 U.S.C. § 5325(a), provided VVTA is the FTA Recipient or a sub-grantee of the FTA Recipient, the Contractor agrees to provide VVTA, FTA, the Comptroller General of the United States, the Secretary of the U.S. Department of Transportation, or any of their duly authorized representatives access to any books documents, papers, and records of the Contractor which are directly pertinent to or relate to this Contract (1) for the purpose of making audits, examinations, excerpts, and transcriptions and (2) when conducting an audit and inspection. A. In the event of a sole source Contract, or single Offer, single responsive Offer, or competitive negotiated procurement, the Contractor shall maintain and VVTA, the U.S. Department of Transportation (if applicable), or the representatives thereof, shall have the right to examine all books, records, documents, and other cost and pricing data related to the Contract price, unless such pricing is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 6 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT prices set by law or regulation, or combinations thereof. Data related to the negotiation or performance of Contract shall be made available for the purpose of evaluating the accuracy, completeness, and currency of the cost or pricing data. The right of examination shall extend to all documents necessary for adequate evaluation of the cost or pricing data, along with the computations and projections used therein, including review of accounting principles and practices that reflect properly all direct and indirect costs anticipated for the performance of the Contract. B. For Contract Amendments, the VVTA, the U.S. Department of Transportation (if applicable), or their representatives shall have the right to examine all books, records, documents, and other cost and pricing data related to a Contract Amendment, unless such pricing is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, or combinations thereof. Data related to the negotiation or performance of the Contract Amendment shall be made available for the purpose of evaluating the accuracy, completeness, and currency of the cost or pricing data. The right of examination shall extend to all documents necessary for adequate evaluation of the cost or pricing data, along with the computations and projections used therein, either before or after execution of the Contract Amendment for the purpose of conducting a cost analysis. If an examination made after execution of the Contract Amendment reveals inaccurate, incomplete, or out-of- date data, the VVTA may renegotiate the Contract Amendment and VVTA shall be entitled to any reductions in the price that would result from the application of accurate, complete, or up-to-date data. 7. NOTIFICATION All notices hereunder concerning this Contract and the Work to be performed shall be physically transmitted by courier, overnight, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: To VVTA: To CONTRACTOR: Attn: Procurement Manager Victor Valley Transit Authority 17150 Smoke Tree Street Hesperia, CA 92345-8305 8. VVTA AND CONTRACTOR’S REPRESENTATIVES A. VVTA VVTA’s Executive Director has been delegated the authority to execute contracts on behalf of VVTA. Except as expressly specified in this Contract, the Executive Director may VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 7 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT exercise any powers, rights and /or privileges that have been lawfully delegated by VVTA. Nothing in this Contract should be construed to bind VVTA for acts of its officers, employees, and/or agents that exceed the delegation of authority specified herein. The Executive Director or his/her designee is empowered to: 1. Have general oversight of the Work and this Contract, including the power to enforce compliance with this Contract. 2. Reserve the right to remove any portion of the Work from CONTRACTOR which have not been performed to VVTA’s satisfaction. 3. Subject to the review and acceptance by VVTA, negotiate with CONTRACTOR all adjustments pertaining to this Contract for revision. 4. In addition to the foregoing, the Executive Director shall have those rights and powers expressly set forth in other sections of this Contract. B. Contractor’s Key Personnel The following are CONTRACTOR’s key personnel and their associated roles in the Work to be provided: Name Role ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Any propose/substitution or replacement by Contractor of Contractor’s key personnel shall ensure that such person possesses the same or better expertise and experience than the key personnel being substituted or replaced. VVTA reserves the right to interview such person to ascertain and verify if such proposed substitution or replacement does indeed possess such expertise and experience. VVTA awarded this Contract to CONTRACTOR based on VVTA’s confidence and reliance on the expertise of CONTRACTOR’s key personnel described above. CONTRACTOR shall no reassign key personnel or assign other personnel to key personnel roles until CONTRACTOR obtains prior written approval from VVTA. 9. TERMINATION OF CONTRACT VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 8 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT A. TERMINATION FOR CONVENIENCE 1. The performance of Work under this Contract may be terminated for in whole, or from time to time in part, by VVTA for the convenience of VVTA whenever VVTA determines that such termination for convenience is in the best interest of VVTA and the other procuring agencies. Any such termination for convenience shall be executed by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective. After receipt of a Notice of Termination for Convenience, and except as otherwise directed by VVTA, the Contractor must: (a) Stop the Work under the Contract on the date and to the extent specified in the Notice of Termination for Convenience. (b) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the Work under the Contract as is not terminated. (c) Terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated as set out in the Notice of Termination for convenience. (d) Assign to VVTA in the manner, at the times, and to the extent directed by VVTA, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case VVTA shall have the right, in its discretion, to settle or pay and or all claims arising out of the termination of such orders and subcontracts. (e) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of VVTA, to the extent he/she may require, which approval or ratification shall be final for all the purposes of this Section. (f) Transfer title to VVTA and deliver in the manner, at the times, and to the extent, if any, directed by VVTA the fabricated or un-fabricated parts, work in process, completed work, supplies, and other material produced as part of, or acquired in connection with the performance of, the Work terminated, and the completed or partially completed plans, drawings, information, and other property which, if the Contract had been completed, would have been required to be furnished to VVTA. (g) Complete performance of such part of the Work as shall not have been terminated by the Notice of Termination for Convenience; and VVTA RFP 2023-03 VICTORVILLE TRANSPORTATION CENTER RENOVATION ATTACHMENT C – SAMPLE CONTRACT VVTA RFP 2023-03 Page 9 of 31 Rev. 10/2022 ATTACHMENT C – SAMPLE CONTRACT (h) Take such action as may be necessary, or as VVTA may direct, for the protection or preservation of the property related to this Contract which is in the possession of the Contractor and in which VVTA has or may acquire an interest. 2. A f t e r receipt of a Notice of Termination for Convenience, the Contractor shall submit to VVTA its termination claim, in the form and with certification prescribed by VVTA. Such claim shall be submitted promptly but in no event later than six months from the effective date of termination, unless one or more extensions in writing are granted by VVTA, upon request of the Contractor made in writing within such six months period or authorized extension thereof. However, if VVTA determines that the facts justify such action, it may receive and act upon any such termination claim at any time after such six months period or any extension thereof. Upon failure of the Contractor to submit its termination claim within the time allowed, VVTA may determine, on the basis of information available, the amount, if any, due the Contractor by reason of the termination and will thereupon pay the Contractor the amount so determined. 3. Subject to the provisions of subsection 2 above, the Contractor and VVTA may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination or work pursuant to this Section, which amount or amounts may include an allowance for p