26-351 RFP IDIQ Construction Svc Customer.pdf

Issue Date June 5, 2026 VIA RFP # 26-351

REQUEST FOR PROPOSAL

FOR

CONSTRUCTION SERVICES ON AN INDEFINITE DELIVERY/INDEFINITE QUANTITY

(IDIQ) BASIS

CONSTRUCTION SERVICES ON AN INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) BASIS

VIA RFP #26-351

Page i

1. REQUEST FOR PROPOSAL

1.1 Invitation

1.2 Introduction

1.3 General Information

1.4 Acceptance Period

1.5 Evaluation and Selection of Proposals

1.6 Late Submissions

1.7 Documents to be Submitted with Technical Proposal

1.8 Price Proposal Submission

1.9 Small Business Enterprise Goal

1.10 Proof of Insurability

1.11 Bond(s)

2. SCOPE OF WORK, TERMS AND CONDITIONS

2.1 Contract

2.2 Contract Period

2.3 General Information

2.4 Scope of Work

3. GENERAL TERMS

3.1 General Definitions

3.2 Relationship and Work in General

3.3 Termination of Contract

3.4 Breaches and Dispute Resolution

3.5 Inspection of Work

3.6 Copyright

3.7 Proprietary Rights

3.8 Indemnification

3.9 Ownership of Documents

3.10 Contracting Authority Protection

3.11 Maintenance of Records

3.12 Progress Records

3.13 Effect of Extensions of Time

3.14 Changes and Modifications

3.15 Assignment

3.16 Extent of Agreements

3.17 Partial Invalidity

3.18 Titles and Headings for Convenience Only

3.19 Notice, Waiver and Applicable Law

3.20 Compliance with Laws and Regulations

3.21 Access to Records and Reports

3.22 Environmental and Sustainability Management System Program

3.23 Contract Period

3.24 Mutual Responsibility

3.25 Specified Parts

3.26 Sales Tax Exemption

3.27 Boycott of Energy Companies Prohibited

3.28 Critical Infrastructure Prohibition

3.29 Custody of Bid/Proposal Documentation

3.30 Contractor Representative

3.31 Weather and Unavoidable Delay

3.32 Warranty

3.33 Specific Terms and Conditions

3.34 Value Engineering

3.35 Schedules

4. GENERAL SOLICITATION POLICY PROVISIONS

4.1 Covenant Against Contingent Fees

4.2 Proposers’ Requests and Appeals

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4.3 Non-collusive Affidavit

4.4 Penalty for Collusion

4.5 Covenant Against Gratuities

4.6 Code of Ethics

4.7 Procurement Protest Procedure

4.8 Release of Information

4.9 Rejection of Proposals

4.10 Preparation Costs

5. INSURANCE

5.1 General Insurance Requirements

5.2 Specific Insurance Requirements

6. BILLING AND PAYMENT

6.1 Compensation

6.2 Prompt Payment

6.3 Discounts

6.4 Acceptance of Final Payment

6.5 Retainage

6.6 ACH

6.7 Contract and Purchase Order Number

7. FEDERAL PROVISIONS - RESERVED

8. SMALL BUSINESS ENTERPRISE PROGRAM

8.1 Policy

8.2 Terms and Definitions

8.3 Contractor and Subcontractor Obligations

8.4 Submission of SBE Forms

8.5 SBE Goal

8.6 Credit Applied to Goals

8.7 Documented Good Faith Efforts

8.8 Certification of SBEs

8.9 SBE Modification and Substitution

8.10 Contract Compliance Tracking

8.11 Prompt Payment Verification Process

8.12 SBE Financial Institutions

8.13 Sanctions for Non-Compliance with SBE Program Provisions

8.14 False, Fraudulent and Dishonest Conduct

9. FORMS

9.1 Forms to be Submitted with Proposal

10. PRICE PROPOSAL

10.1 Price Proposal

ATTACHMENTS:

Attachment “A” Disclosure of Conflicts of Interest

CONSTRUCTION SERVICES ON AN INDEFINIETE DELIVERY\INDEFINITE QUANTITY (IDIQ) BASIS

VIA RFP # 26-351

PART 1 PAGE 1

PART 1

REQUEST FOR PROPOSAL

1.1 Invitation: VIA Metropolitan Transit (hereinafter “VIA”) is soliciting proposals from responsible firms for the

Purchase of Construction Services on an Indefinite Delivery/Indefinite Quantity (IDIQ) Basis. IDIQ contracting offers VIA access to competitively solicited and awarded contracts for construction projects related to repair, alteration, modernization, or renovation of buildings, structures, or other real property. Under IDIQ, an awarded Contractor(s) furnishes management, labor, materials, equipment, and incidental design support needed to perform the work. Trades being solicited include plumbing, asphalt/paving, mechanical/HVAC, painting, electrical, roofing, or flooring. VIA understands Offerors may not provide all services and are encouraged to subcontract for the services they don't normally provide. Additionally, the proposal must disclose a complete description of the service(s) to be provided to VIA.

1.2 Introduction: VIA is a Metropolitan Transit Authority created according to Chapter 451, Texas Transportation

Code (“VIA”) to provide public transportation services for the citizens of Bexar County. The system’s legal name is VIA Metropolitan Transit (VIA). VIA is a Political Subdivision of the State of Texas and governed by a Board of Trustees who are appointed by its County and Municipal Governments. VIA provides fixed route transit service, paratransit service for mobility-impaired customers, special event and park and ride service.

In total, VIA’s service area is approximately 1,200 square miles.

Our Mission: VIA Metropolitan Transit provides regional multimodal transportation options that connect our community to opportunity, support economic vitality and enhance quality of life throughout our region.

VIA’s Board adopted Supplier Policy:

VIA is committed to enhancing business/supplier opportunities for all who want to do business with VIA. It is fundamental to VIA’s commitment to the local economy to allow competition in order to grow and develop a portfolio of critical and valued business partners. VIA believes that generating open competition brings value and an ability to leverage the best resources in the marketplace.

VIA believes that it is the responsibility of VIA’s Procurement process and the responsibility of every staff member at VIA who secures products and services and who makes purchasing decisions for the Agency to strive to meet this commitment. The VIA Board of Trustees supports VIA’s Procurement overall objectives which focus on obtaining the best quality and service at minimum cost and which guard against favoritism and profiteering at public expense. VIA seeks to provide equal opportunities for all businesses to participate.

It is an integral element of each VIA staff member’s responsibility to look to minority and small business firms for contracting opportunities. Broadening the supplier pool means better service and value for VIA.

1.3 General Information:

1.3.1 Summary of Salient Dates: Following are the tentative salient dates of the procurement process:

RFP Issue Date: June 5, 2026

Pre-Proposal Conference: 10:00 A.M. June 12, 2026

Last date for Receipt of Request for Clarification and/or Modifications:

2:00 P.M. June 19, 2026

Proposal Deadline:

2:00 P.M. July 21, 2026

Proposal Submittal Address:

800 W. Myrtle St Suite 204 San Antonio, Texas 78212

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Contract Term: 2 years with 3 – 1-year options

Disadvantaged Business Enterprise (DBE) Goal:

0%

1.3.2 Inquiry and Questions: Effective immediately upon release of the Request for Proposal (RFP), and until notice of contract award, all official communications from proposers regarding the requirements of this RFP shall be directed to the Contracting Officer (See section 4.6 Code of Ethics). Proposal Packages should be submitted to, and any requests and all questions should be directed to:

VIA Metropolitan Transit Procurement Department Attn: Mike Hernandez 800 W. Myrtle, Suite 204 San Antonio, Texas 78212 Telephone: 210-362-2419 E-mail: mike.hernandez@viainfo.net

1.3.2.1 VIA Metropolitan Transit is not responsible for any verbal exchange or any other exchange of information that occurs outside of the official process specified herein.

1.3.3 A Pre-Proposal Conference will be held via teleconference at (10:00 A.M June 12, 2026). Firms wishing to participate may join by clicking the hyperlink “Click here to join the meeting” listed below.

Upon entry into the meeting firms will be asked to list their name, company name and email within the meeting chat. All prospective proposers are encouraged to attend.

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/220666498301679?p=hK0w4yp

U1o2yzeIQIW

Meeting ID: 220 666 498 301 679 Passcode: Up6Ze6ns

Need help? | System reference

Dial in by phone

+1 210-469-4151,,420562270# United States, San Antonio Find a local number

Phone conference ID: 420 562 270#

For organizers: Meeting options | Reset dial-in PIN

1.3.4 Request for Clarification and/or Modifications: Proposers must submit requests for changes to or approval of equals, clarifications and modifications of the specifications in writing as provided in Section 4.2, Proposers Requests and Appeals, of the contract documents. The RFP documents (which will ultimately form the Contract) can only be modified in writing. The Contracting Officer must receive requests for changes to, or approval of equals, clarifications or modifications to the RFP no later than 4:45 p.m., on the date indicated above. Those requests may be emailed to the above address. The Contracting Officer will issue a response to those requests to all prospective proposers https://teams.microsoft.com/meet/220666498301679?p=hK0w4ypU1o2yzeIQIW https://teams.microsoft.com/meet/220666498301679?p=hK0w4ypU1o2yzeIQIW https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjM1OGU4MjQtMjE1ZC00YTE0LWFiNDktMWY3NGI2NWE1Yjcw%40thread.v2/0?context=%7b%22Tid%22%3a%222a3033c2-ad76-426c-9c5a-23233cde4cde%22%2c%22Oid%22%3a%22f0e77208-d4ad-401f-9cbc-0798d2d30760%22%7d tel:+12104694151,,420562270 https://dialin.teams.microsoft.com/d4aa6901-8826-41a5-aa4d-d6ea675b14f4?id=420562270 https://teams.microsoft.com/meetingOptions/?organizerId=f0e77208-d4ad-401f-9cbc-0798d2d30760&tenantId=2a3033c2-ad76-426c-9c5a-23233cde4cde&threadId=19_meeting_YjM1OGU4MjQtMjE1ZC00YTE0LWFiNDktMWY3NGI2NWE1Yjcw@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

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via email, and copies will be posted on VIA’s internet site (https://via.sbecompliance.com). Proposers are responsible for ensuring that they have received all modifications and incorporated any changes in their proposals.

1.3.5 Preparation of Proposals: Proposers shall submit in separate sealed packages, one (1) unbound original and five (5) bound copies of the technical proposal, one unbound original of the price proposal; and a digital format (USB, Thumb drive) copy of the technical proposal in PDF format. The technical proposal package shall be labeled "Technical Proposal -VIA RFP #26-351 Construction Services on an Indefinite Delivery/Indefinite Quantity (IDIQ) Basis” and the price proposal envelope shall be labeled "Price Proposal - VIA RFP #26-351 Construction Services on an Indefinite Delivery/Indefinite Quantity (IDIQ) Basis and addressed to the Contracting Officer as indicated above.

1.3.6 Receipt of Proposal: Prior to the time and date indicated in section 1.3.1 entitled, "Summary of

Salient Dates” all Proposal Packages shall be delivered to the Contracting Officer at the address indicated in section 1.3.2 entitled "Inquiry and Questions. Proposal Packages received after the time and date specified shall not be considered, except as provided in section 1.6 entitled "Late Submissions.

1.3.7 Amendment and/or Postponement: VIA reserves the right to postpone, for its own convenience, the deadline for submitting proposals. Further, VIA reserves the right to unilaterally revise or amend the scope of services up to the time set for submitting proposals. Such revisions and amendments, if any, shall be announced by addenda to this solicitation. Copies of such addenda shall be furnished to all prospective proposers and a copy will be posted on VIA’s internet site. The deadline for submitting proposals shall be at least five (5) working days after the last addendum and the addendum shall include an announcement of the new date, if applicable, for submitting proposals.

Proposers are requested to acknowledge receipt of all addendums as part of the technical proposal.

Failure to acknowledge an addendum will not automatically disqualify a proposer, but failure to address any changes in the proposal may lead to a lower score than would otherwise be the case.

Any Proposer whose proposal has already been submitted to VIA when the decision to postpone is made will be afforded the opportunity to revise or withdraw their proposal.

1.4 Acceptance Period: Proposals shall remain valid for a period of one hundred eighty (180) calendar days from the date of submission. If a Best and Final Offer has been requested of the Offeror/Proposer, the Proposal shall remain valid for a period of up to ninety (90) additional days from the date of submission of the Best and Final Offer.

1.5 Evaluation and Selection of Proposals:

1.5.1 General:

1.5.1.1 Separate Packages: Proposers are required to respond to this RFP with two separate packages: a technical proposal and a price proposal. VIA’s Evaluation Committee will first evaluate the technical proposals and determine which are technically acceptable. These will be ranked within a technical competitive range. Price proposals will be opened only for those firms within the technically competitive range.

1.5.1.2 Responsiveness: In order for a Proposer to be eligible to be awarded the Contract, the Proposal must be responsive to the RFP, and VIA must be able to determine that the proposer is responsible to perform the Contract satisfactorily. Responsive Proposals are those complying in all material aspects of the solicitation. A Proposer may, at any time after the submission of the Proposal, be requested to submit further written evidence verifying that the firm(s) meets the criteria necessary to be determined a responsible Proposer. Refusal to provide requested information may result in the Proposer being declared nonresponsive, and the Proposal may be rejected.

https://via.sbecompliance.com/

PART 1 PAGE 4

Proposers are expected to agree with the provisions and terms contained or referenced herein. Proposers should therefore not make any changes to these provisions and terms, nor restate any provisions in their Proposal or supporting material. However, if the Proposer has any specific exceptions, such exceptions shall be submitted in writing before the Last Day to Submit Request for Clarifications and/or Modifications to the Procurement/Contract documents as specified in Section 1.3.

1.5.1.3 Organization of Technical Proposal Materials: To enhance the comparability and facilitate evaluation, all proposals must be organized addressing each of the evaluation criteria as set forth in the following section entitled "Evaluation of Technical Proposal." VIA will appoint an Evaluation Committee to evaluate all proposals submitted for this project.

A. To be acceptable, proposals shall be of no more than 40 pages (single-sided using 12 point or greater font size) not including resumes. Each resume shall be 2-page maximum, single-sided using 12 point or greater font size. The Proposal pages shall be numbered and bound, or in a 3-ring binder with the proposing firm’s name clearly indicated on the cover.

B. Each section of the proposal shall be separated with a tab divider that is labeled in accordance with the requirements specified below:

1. Executive Summary

2. Firm’s Experience

3. Project Team – List the proposed project team, showing all firms and their roles in the contract. Include an organizational chart of the proposed team, showing the names and roles of all key personnel and the firm they are associated with.

4. Relevant Project Experience – Relevant experience of each of the proposed team’s firms. For all projects referenced, include the name of the company.

5. Project Approach and Written Presentation – Proposed management approach for performing the required services, being responsive to VIA’s needs, keeping VIA appraised of the project status and ensuring the quality of the work product.

6. Forms from Section 9

7. Appendix – include resumes and the following;

a. A complete list of firm’s affiliates.

b. If the proposing firm or any employee, agent or subcontractor of the proposing firm has any conflict of interest or may give the appearance of a possible conflict of interest, the proposing firm shall include in its proposal a statement indicating the nature of the conflict. VIA reserves the right to disqualify the proposing firm if, in its sole discretion, any interest disclosed from any source could create, or give the appearance of, a conflict of interest. VIA’s determination regarding any question(s) of conflict of interest shall be final. See Attachment “A” for more information regarding this disclosure.

1.5.2 Evaluation of Technical Proposal:

1.5.2.1 Initial Evaluation: All proposals will be initially evaluated and ranked based on weighted evaluation criteria listed below or that may be issued in addenda.

1.5.2.2 Review: The technical submittals shall be reviewed and evaluated by the Evaluation Committee on the basis of the 100-point rating system. The technical evaluation shall be based on the responsiveness of the technical submittal to the needs of VIA and to the requirements of the technical specifications with a maximum numerical rating as indicated herein.

1.5.2.3 Evaluation Form: Each member of the Evaluation Committee shall complete an evaluation form for each technical proposal submitted. The final technical rating for each proposal shall be based on the average of the total score compiled by members of the Evaluation Committee

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CRITERIA WEIGHT

A. Firm’s Experience: 40 Relevant project experience of each of the proposed team’s firms. For all projects referenced, include the name of the company, a contact person and current telephone number for verification purposes.

B. Staffing Level: 35 List the proposed project team, showing all firms and their roles in the contract.

Include an organizational chart of the proposed team, showing the names and roles of all key personnel and the firm they are associated with.

C. Project Approach and Written Presentation: 25 Proposed management approach for performing the required services, being responsive to VIA’s needs, keeping VIA appraised of the project status and ensuring the quality of the work product.

TOTAL 100

1.5.2.4 Technical Evaluation: Following an initial evaluation and ranking of all technical proposals submitted, VIA will identify those firms technically qualified to perform the work regardless of price. If VIA determines that a Proposal is not technically sufficient, or a Proposer is not technically qualified, that Proposal will not be evaluated further.

1.5.2.5 Further Discussions/clarification: After determining which of the technical proposals are within the competitive range, the Committee will determine whether acceptance of the most favorable initial proposal without discussion is appropriate and in the best interest of VIA or whether negotiation should be conducted with all proposers within the competitive range. If the Committee determines it is in the best interest of VIA to enter into negotiations with the proposers in the competitive range, the committee may submit, only to the proposers in the competitive range, questions regarding their proposals which it feels are appropriate for discussion or which need additional clarification. Proposers shall be prepared to respond, in writing, to all questions within the time frame provided by the Technical Evaluation Committee. If deemed necessary by the Committee, oral interviews and discussions with the proposers may be required.

1.5.2.6 Interviews: The committee will determine whether acceptance of the most favorable initial proposal without discussion is appropriate, or whether interviews and/or discussions should be conducted with all Proposers within the competitive range. VIA personnel may visit the Contractor's work facility during the evaluation period.

1.5.2.7 Negotiations: The committee or designated members of the committee may negotiate with each Proposer whose proposal falls within the overall competitive range. Each Proposer remaining within the overall competitive range at the close of negotiations may be allowed to submit a "Best and Final Offer."

1.5.2.8 Re-evaluation (if necessary): When discussions (if conducted) have been completed, the technical proposals from the proposers in the competitive range shall be re-evaluated and ranked on the basis of documented changes and modifications to the proposals. All changes or modifications to the proposal must be documented in writing to be considered in the re-evaluation.

1.5.3 Evaluation of Price Proposal:

1.5.3.1 Opening of Price Proposal: VIA will evaluate the Price Proposals of those firms who are determined to be technically acceptable to perform the work and ranked within the technically competitive range.

1.5.3.2 Scoring: The Selection Committee’s recommendation for award of this contract shall be based on the highest total points for each submittal. This number shall be arrived at by adding the average total rating for the Technical Proposal to the point rating determined for the Price Proposal:

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Lowest Price X 60 points = Price Score Firm’s Price

The price score of Firm B is shown in the following example:

Firm Price Proposal Price Score

A $100 60.00 points B $125 48.00 points C $115 52.17 points

$100.00 (Lowest Price, Firm A) X 60 points = 48 points $125.00 (Firm B Price)

1.5.4 Combined Proposal Scoring: The sum total points scored on both the technical (100-point maximum) and price (100-point maximum) will be considered in the determination of the overall competitive range and contract award.

An example of the combined scoring follows:

Firm Technical Score Price Score Total Score A 89 points 60.00 points 149.00 points B 86 points 48.00 points 134.00 points C 93 points 52.17 points 145.17 points

In this example, Firm A is the highest rated firm in the overall competitive range.

1.5.6 Best and Final Offer: The best and final offer will contain all information and documents necessary to state the Proposer's entire proposal without reference to the original proposal or to any supplements that may have been submitted during negotiations. All Proposers that submit best and final offers will be evaluated by the committee, or designated committee members, based upon those best and final offers.

1.5.7 Multiple Contract Award: It is VIA’s desire to contract with firms that can provide the expertise, quality, experience and resources to effectively provide the services required. VIA reserves the right to contract with multiple firms within the competitive range. Therefore, VIA may not necessarily make an award to the offeror with the lowest price. VIA will make the award to the responsible offeror whose proposal is most advantageous to VIA with price and other factors considered.

1.6 Documents to be Submitted with Technical Proposal: The required documents/forms (attached hereto in Section 9) must be completed by the Offeror and submitted with the Technical Proposal. Failure to do so may deem the proposal as non-responsive.

1.7 Price Proposal Submission: Proposers must submit their Price Proposals utilizing the forms provided in this document as Part 10, Price Proposal.

1.8 Disadvantaged Business Enterprise (DBE) Goal: VIA has not established a(n) DBE goal for this procurement In order to comply with the October 3, 2025 United States Department of Transportation Interim Final rule.

Please see the Part 8 entitled “Disadvantaged Business Enterprise” for information regarding VIA’s DBE program.

1.10 Proof of Insurability: Proposers must submit a copy of their current certificate of insurance (COI) with their proposal. If the COI does not include the required coverage and minimum limits as specified in the RFP, Proposers must also submit a letter from their insurance provider stating the provider’s commitment to insure the Proposer, if awarded the contract, for the types of coverage and at the limits specified in the RFP.

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1.11 Bond(s): RESERVED

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PART 2

SCOPE OF WORK, TERMS AND CONDITIONS

2.1 Contract: Submission of a proposal constitutes an offer to perform the work specified and to be bound by the terms contained or referenced herein. Upon acceptance of the offer, and upon award of the Contract to the successful offeror (if any), this procurement solicitation document (entitled "Request for Proposal") together with the completed and executed forms required herein, and all attachments hereto, together with the documents listed below (incorporated into this Contract by reference) shall collectively constitute the Contract. In case of any conflict among these documents where the intended resolution is not clear, the order of precedence shall be:

1) Change Orders or Contract Modifications

2) Best and Final Offer

3) Negotiation Memorandum (if any)

4) Addenda to the RFP

5) VIA’s Scope of Work, Terms and Conditions

6) Contractor’s original proposal

2.2.1 Indefinite Delivery/Indefinite Quantities Contract: It is specifically understood that this is an “indefinite delivery/indefinite quantities” contract. VIA reserves the right to award one, more than one, or no Contract(s) in response to this solicitation and work to be performed here under may be assigned by VIA at its sole discretion to or among one, more than one, or none of the selected Contractor(s). Work assigned will be by documents referred to herein as “Work Orders.” This is a non-exclusive Contract and VIA is under no obligation to assign work to any specific Contractor, even if the work falls under the scope of this Contract.

VIA reserves the right to assign work to any other Contractor at VIA’s sole discretion. VIA does not guarantee a minimum number or dollar value of jobs, or purchase orders will be allocated to each Contractor. This solicitation does not commit VIA to entering an agreement or award any services related to this solicitation.

2.2 Contract Term: The term of the contract is 2 years with 3 – 1-year options from Notice to Proceed.

2.3 General Information: The Contractor, in accordance and compliance with the terms, provisions and requirements of this Contract shall manage, perform and provide all activities and services and produce all reports set out in the scope of services. Modifications or alterations to the scope of work may be made only pursuant to prior notification and written approval of VIA.

2.3.2 Assignment of Proposed Work Orders: Following Contract award, VIA may issue proposed Work Orders to one or more selected Contractor(s) on an as needed basis.

2.3.3 Price Negotiation/Work Orders: Following the selection of a Contractor for specific proposed Work Order services, VIA will then issue a price request to the selected Contractor. The price request will include a scope of services and submittal instructions. Within the timeframe identified by VIA, the Contractor shall submit a price proposal with applicable line items required to complete the proposed Work Order and unit prices for the applicable line items utilizing the unit prices (Total Including Material, Labor & Equipment, excluding profit) contained in the RSMeans Data Online (latest Annual Edition) publication plus the Performance Factor, for the appropriate services, agreed upon in the Contract. If a mutually agreed fair and reasonable price for the contemplated Work Order services is negotiated, VIA will issue a finalized Work Order authorizing the selected Contractor to begin work. Work shall not begin until a finalized Work Order is issued. VIA reserves the right to negotiate quantities and line items, and other service requirements when issuing each Work Order. VIA may elect to discontinue Contractor’s services at the end of any Work Order for any reason or no reason, If negotiations fail to produce a satisfactory agreement with the selected Contractor, VIA will terminate negotiations and reject the price proposal. VIA may then begin price negotiations with the next most highly qualified Contractor, determined by VIA. This process will continue, as necessary, until successful negotiations are concluded for the Work Order.

Assignment of Work Orders: VIA will employ specific criteria to each scope of work to determine the

PART 2 PAGE 2

assignment of work orders. Assignment of work orders will be based on the following criteria:

• Past Performance on earlier orders issued under the contract

• Quality of deliverables

• Timeliness of deliveries

• Experience or expertise in a specific field

• Other factors considered relevant by VIA

2.3.4 Ceiling Price: The estimated Ceiling Price will be determined at time of award. The estimated ceiling price established for this Contract is inclusive of the cost of all work orders issued hereunder. In the event that the ceiling price its exceeded during the course of this Contract, VIA shall have no obligation to pay and Contractor shall only exceed the ceiling price at his own risk, unless the Contractor is notified in writing by the Contracting Officer that additional funds are allocated to the Contract, effectively raising the ceiling price, and that the Contractor is authorized to exceed the ceiling price. VIA may raise the ceiling price at any time in its sole discretion and in the event the ceiling price is raised, Contractor shall be obligated to perform within the terms of this Contract and the new ceiling price.

The right to refuse to allocate additional funds is reserved by VIA in its sole discretion. In the event additional funds are not allocated, VIA may either terminate the Contract or allow the Contract to remain in effect until expiration of the term (in contemplation of the possibility of additional funding allocations); however, VIA shall not be obligated under any circumstance to pay any amount in excess of the ceiling price unless the Contractor is authorized to exceed the ceiling price as provided herein. The Contractor shall not be required to perform further services in excess of the ceiling price unless and until authority is granted to exceed the ceiling price as provided herein. The ceiling price represents VIA’s maximum total funds currently allotted to this Contract and shall not be construed as an obligation by VIA to pay any funds or to otherwise incur any costs without the issuance of a work order by VIA, which (the issuance or non-issuance of which) shall be solely within the discretion of VIA.

2.3.5 Minimum Compensation: As consideration for this Contract, the sufficiency of which is acknowledged by Contractor, VIA shall issue (a) Work Order(s) for work which will allow the Contractor to be compensated in (at least) the amount of one thousand ($1,000) dollars.

2.4 Escalation: No escalation will be permitted during the term of this contract.

2.5 Design Errors or Deficiencies: If the Contractor’s designs, drawings or specifications contain errors or deficiencies, the Contractor agrees to and shall correct said designs, drawings or specifications at no increase in price to VIA.

2.6 Scope of Work: VIA is seeking General Contractors that can provide services for our facilities that encompasses:

• Electrical

• Plumbing

• Mechanical\HVAC

• Painting

• Asphalt\paving

• Roofing

• Flooring

Below is a list of past successful projects that are examples of the types of projects VIA may release under this contract:

• Project Type: Bus Stop Concrete Improvements

Bus Stop Improvements consisted of new shelter and bench pad foundations with proper accessibility at

5 bus stop locations in the San Antionio Metro Area. The work included excavation & removal of the grade, installation of base, forms, & steel, pouring of new concrete pad, removal of forms, & placement of new grade.

PART 2 PAGE 3

• Project Type: VMC Roof Replacement

The VMC Building is located at 1021 San Pedro Ave., San Antonio TX. The 48,000 sq. ft. modified bitumen roof over a rigid insulation surface was replaced with a ThermoPolyolefin (TPO). This included adding a roof entrance guardrail system for safety & upgraded 11 exhaust fans.

• Project Type: Bus Wash Motor Control Center and Non-Fusible 30A Disconnects Upgrade

This project consisted of the demolition & upgrade of thirty 480V/3Phase, 30A non-fusible disconnects and eight motor control centers (Gutter/Wireway) located in the bus washing systems at VIA’s Fleet &

Facilities Division, 1720 N Flores Street, San Antonio, Texas 78212.

Below is a list of potential projects that may be released under this contract:

• Project Type: Transit Center Upgrades (Flooring & Restrooms)

Transit Center upgrades will include comprehensive restroom renovations featuring new wall tile, epoxy flooring, touchless plumbing fixtures and faucets, new lavatories, updated accessories, and stainless-steel partitions and doors. The project also includes new paint throughout and installation of epoxy flooring in the lobby, custodian closet, and Customer Services offices.

• Project Type: Garage Signage Upgrades

VIA will be upgrading the signage at a Park & Ride location. The changes will focus on the area around and inside the garage, with the goal of reducing pedestrian and vehicle traffic confusion & safety. The work will include adding / replacing 30+ signs, installing permanent speed bumps, striping roadway, & concrete sidewalk extension.

• Project Type: Better Bus Plan Infrastructure

VIA will be modifying existing bus stops to allow for additional bus stop locations to load/unload passengers. This type of work will include upgrading bus shelters, concrete pads, seating, sidewalk connections, wheelchair access, ensuring proper drainage, etc.

• Project Type: Construction of Additional Parking Lots & Repaving of Existing Parking Lots

The project to upgrade VIA’s parking lots involves construction, and enhancement of existing parking facilities. The work involves constructing new concrete or asphalt parking lots, repaving existing lots, such as full depth, mill & overlay, slurry seal or track coat, & upgrading associated infrastructure. The goal is to provide safe, efficient, and accessible parking while enhancing the overall transit environment.

• Project Type: Interior Renovations

VIA will be reconfiguring interior layouts at its existing facilities. The work will include relocating walls, rewiring electrical systems, reworking ductwork, adjusting ceiling grids, painting, and installing new flooring.

• Project Type: Bus Stop Improvements

VIA will be upgrading several of its bus stops. The work aims to enhance public transit accessibility, safety, and user experience across key transit routes. The initiative seeks to upgrade existing bus stops by installing shelter, seating, signage, and accessibility features. The work will consist of concrete pad installation, sidewalk installation, grading, ensuring drainage, & ensuring ADA accessibility.

VIA IFB # 26-351

PART 3 PAGE 1

PART 3

GENERAL TERMS

3.1 General Definitions:

"Appeal" means a formal request for reconsideration of a determination rendered by the Contracting Officer in respect of:

(a) a request, prior to contract award, as set forth in the section entitled, "Bidders' Requests,” herein; or

(b) a dispute concerning a question of fact, arising after contract award as set forth in the section entitled "Disputes,” herein.

"Apprentice" (in the context of construction contracts) means (a) a person employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training or with a State apprenticeship agency recognized by the Bureau; or (b) a person in his first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship council (where appropriate) to be eligible for probationary employment as an apprentice.

"Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite) cummingtonite-grunerite (amosite), anthophyllite, actinolite and tremolite.

"Authorized Signature" is the written authorization of the person who is executing this Contract on behalf of the Bidder/Contractor and who is authorized to bind the Bidder/Contractor.

"Bidder" is the person or legal entity responding to this procurement solicitation. The term also includes "Proposer,” "Offeror" and/or "Contractor.”

"Construction Coordinator" (used in the context of construction contracts) is the person who is responsible for the field coordination of a construction project for VIA.

“Construction Manager” is that person who is designated by VIA to provide overall management supervision in the performance of this construction contract. The Construction Manager reports directly to the Project Manager.

“Contracting Officer” is that person designated by VIA to enter into and administer this Contract and make determinations and findings up to his/her level of authority, in regard to the Contract on behalf of VIA. For the purpose of this Contract, the Contracting Officer is the individual identified in the section entitled “Inquiry and Questions” or otherwise designated by VIA.

"Contractor" means the person or legal entity prior to contract award, submitting a response to a procurement solicitation (IFB, RFQ or RFP); it also means the successful Bidder to whom the Contract is ultimately awarded. Any reference to "Bidder,” "Proposer,” or "Offeror,” also applies to Contractor after award. It is generally intended that these terms be interchangeable.

"Day" unless otherwise defined, shall be defined as a calendar day.

"DEO" means Diversity and Economic Opportunity department for VIA Metropolitan Transit.

“DBE” means "Disadvantaged Business Enterprise".

"Final Acceptance" (used in the context of construction contracts) means all provisions of the Contract have been completed to VIA's satisfaction, including punch list items.

"FTA" means Federal Transit Administration a division of the United States Department of Transportation.

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"Liquidated Damages" means the amount assessed in lieu of actual damages, for the failure to complete the work in a timely manner and not as a penalty, at the agreed rate per calendar day expressed herein in the section entitled "Liquidated Damages."

"Indefinite Quantities Contract" or "IDQ" refers to those service Contracts providing for a specific term and fixed labor rates, pursuant to which specific Task Orders may be issued on an as needed basis.

"Invitation for Bid" or "IFB" means the formal procurement issued by VIA (see also, "Procurement") and, where the context allows, also includes "Requests for Qualifications" (RFQs) and "Requests for Proposal" (RFPs).

"Notice of Award" is the written notice sent by VIA notifying the selected Bidder of the award of contract, and acceptance of Bidder's offer to perform under the terms contained herein. In the absence of a formal Notice of Award, the receipt of a Notice to Proceed or Purchase Order issued by VIA shall serve as notice of the award.

"Notice to Proceed" (in the context of construction contracts) is the written notice sent by VIA after the Contractor has complied with the submission of the required DBE information, a Performance Bond, Payment Bond, Warranty Bond and/or Insurance as required by VIA, and which notifies the Contractor to commence performance under the Contract. For contracts not requiring a Performance Bond, Payment Bond, Warranty Bond and/or Insurance, VIA will issue a Purchase Order. Issuance of a Purchase Order shall serve as a Notice to Proceed.

"Plans" (in the context of construction contracts) are the parts of the Contract which show the charac-teristics and scope of the work to be performed and which have been prepared or approved by the Architect/Engineer and/or Contracting Officer.

“Price Request” means the request issued by VIA to the Contractor for the services, goods, supplies, or work outside the general scope of this contract performed or to be performed by the Contractor.

"Procurement" means the formal solicitation issued by VIA, for services, goods, supplies, or work, and includes Invitations for Bid (IFBs), Requests for Qualifications (RFQs) and/or Requests for Proposal (RFPs), as applicable.

“Project Manager” is that person designated by VIA to act as the technical representative or advisor to the Contracting Officer/Contracting Officer during contract performance and gives directions regarding the technical specifications, to the Contractor.

"Project Site" (in the context of construction contracts) means the physical location for performance of any Work under the Contract.

"Protest" means a formal request contesting:

(a) a final ruling issued by the Contracting Officer in the case of a request for clarification of the specifications or a request for approval of an equal or modification of the specifications;

(b) any alleged impropriety or other similar situation arising prior to bid opening; or,

(c) the award of contract.

"Protest Committee" is the three (3) member group established by VIA for the purpose of reviewing protests submitted by a Bidder or supplier.

"Provide" means to furnish and install completely and ready for use.

"Purchase Order" means the written order sent by VIA on its form ordering the equipment or supplies in accordance with the terms and conditions of the Procurement.

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"Request for Proposals" or "RFP,” see "Procurement."

"Request for Qualifications" of "RFQ,” See "Procurement."

"Reserved" is a term utilized to delete standard terms and conditions that are not applicable to a specific procurement.

"Site" (see "Project Site").

"South Central Texas Regional Certification Agency" or "SCTRCA" means that agency whose membership consists of various local governmental entities, including VIA; the purpose of which is to provide a unified resource for firms to seek DBE certification and information on doing business with DBE-certified firms. SCTRCA may be reached at (210) 227-4722.

"Specifications" means the written description and statement of necessary requirements of the equipment, construction, services and/or supplies to be provided, including the technical specifications, if any.

"Subcontractor" means any person, firm or corporation supplying services, labor and/or materials under separate contract or agreement with, the Contractor.

"Subject Data" is recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Contract. The term includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to contract administration.

"Supplier" means any manufacturer, company, or agency providing units, components, or subassemblies for inclusion.

"Task Order" (in the context of Indefinite Quantity Contracts (IDQs)) means the specific scope-of-work for a particular assigned project issued at VIA's discretion.

“Technically Competitive Range” – The range of prospective contractors that demonstrates a technically satisfactory approach and has satisfactory qualifications as well as a reasonable chance of being selected for award of a contract.

"Texas Open Records Act" or "TORA" means Chapter 552, Texas Government Code.

"VIA" means VIA Metropolitan Transit, San Antonio, Texas. References to "grantee," "recipient" or "purchaser" shall also mean "VIA.”

"Work" is any and all labor, supervision, services, materials, machinery, equipment, tools, supplies, and facilities called for by the Contract and necessary to the completion thereof.

"Work On (At) the Project" means work to be performed at the location of the project including the transportation of materials and suppliers to or from the location of the project by employees of the Contractor and any subcontractor.

3.2 Relationship and Work in General: Contractor, an independent contractor, covenants and agrees to perform for the stated compensation, all of the services described in Part 2, entitled "Scope of Work, Terms and Conditions" of this Contract. Contractor agrees to complete the work in a professional and workmanlike manner with a high degree of care to ensure the accuracy and timeliness thereof.

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2.2.1 Assignment of Personnel: Contractor agrees to assign qualified staff members including a Project Director who shall be responsible for the task administration and work performance.

2.2.2 Employment of Personnel: Contractor agrees to employ, at its own expense, all personnel required in performing the services under this contract. Personnel employed by Contractor shall not be employees of, nor have any contractual relationship with VIA. All personnel engaged in the work shall be fully qualified and shall be authorized or licensed to perform such work as required.

3.2.3 Subcontracts:

3.2.3.1 Use of Subcontractors: The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors.

3.2.3.2 Written Approval of VIA: No work or services under this Contract shall be subcontracted without the prior written approval of VIA and then only by written contract or agreement. To obtain approval, Contractor must submit to VIA a written statement concerning the proposed award to the subcontractor that includes, at a minimum, the following:

(a) A description of the supplies or services to be called for by the subcontract; and

(b) Identification of the proposed subcontractor.

3.2.3.3 Responsibility for Subcontractor(s) Acts: VIA’s approval of a subcontract notwithstanding, VIA shall not be obligated to any third party, including any subcontractor retained by Consultant, for payment of any work or services performed under this Contract, or to provide any work or services as compensation for any work or services performed under this contract. The Contractor is and shall be fully responsible to VIA for acts and omissions of Contractor’s subcontractors and any person directly or indirectly employed by the subcontractor.

3.2.3.4 Binding of Subcontractors: Unless specific waiver is granted in writing by VIA, subcontractor shall be subject to each and every relevant and applicable provision of this Contract.

Compliance by subcontractors with this Contract shall be sole responsibility of the Contractor.

3.2.3.5 Lack of Privity: Nothing contained in this contract shall create any contractual relationbetween any subcontractor and VIA.

3.2.3.6 Consent Not Acceptance of Price or Waiver: Neither consent by the Contracting Officer to any subcontract nor any provisions thereof nor approval of the Contractor's procurement system shall be construed to be a determination of the acceptability of any subcontract price or of any amount paid under any subcontract or to relieve the Contractor of any responsibility for performing this contract, unless such approval or consent specifically provides otherwise.

3.2.3.7 Cost-Plus Subcontract: The Contractor agrees that no subcontract placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost-basis.

3.2.3.8 Substitution of Subcontractors: Any Subcontractor receiving approval in accordance with this paragraph 3.1 must be utilized by the Contractor for the portion of the Work for which they were approved. VIA will generally not entertain substitutes for any such Subcontractor in the absence of compelling circumstances to do so.

3.2.3.9 INDEMNITY: BY SUBMISSION OF A BID/PROPOSAL/STATEMENT OF

QUALIFICATIONS (AS THE CASE MAY BE) THE CONTRACTOR AGREES THAT HE/SHE/IT

WILL INDEMNIFY AND SAVE VIA HARMLESS FROM ALL CLAIMS GROWING OUT OF THE

LAWFUL DEMANDS OF SUBCONTRACTORS, LABORERS, WORKMEN, MECHANICS,

MATERIALMEN, AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT,

POWER TOOLS, AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE

FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. THE CONTRACTOR SHALL,

AT VIA’S REQUEST, FURNISH SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS OF

PART 3 PAGE 5

THE NATURE HEREINABOVE DESIGNATED BE PAID, DISCHARGED, OR WAIVED. IF THE

CONTRACTOR FAILS TO DO SO, THEN VIA MAY, AFTER HAVING SERVED WRITTEN

NOTICE, DIRECT, OR WITHHOLD FROM THE CONTRACTOR’S UNPAID COMPENSATION A

SUM OF MONEY DEEMED REASONABLY EFFICIENT TO PAY ANY AND ALL SUCH CLAIMS

UNTIL SATISFACTORY EVIDENCE IS FURNISHED THAT ALL LIABILITIES HAVE BEEN

FULLY DISCHARGED WHEREUPON PAYMENT TO THE CONTRACTOR SHALL BE

RESUMED, IN ACCORDANCE WITH THE TERMS OF THIS CONTRACT, BUT IN NO EVENT

SHALL THE PROVISIONS OF THIS SENTENCE BE CONSTRUED TO IMPOSE ANY

OBLIGATIONS UPON VIA TO EITHER THE CONTRACTOR OR HIS SURETY.

3.3 Termination of Contract:

3.3.1 Termination for Convenience: VIA may terminate this contract, in whole or in part, at any time without cause and solely for the convenience of VIA by giving written notice of termination to the Contractor, which will not be less than ten (10) business days. The Contractor will be paid fees and expenses for work performed up to the time of termination and that meet the bargained for standards under the contract. VIA reserves the right to direct, within the termination notice, what work may be performed prior to the effective date of termination. To be paid, unless an extension is authorized in writing by VIA, the Contractor must submit its final invoice/claim within thirty (30) calendar days of the date of termination. If the Contractor has any property in its possession belonging to VIA, the Contractor will account for same and dispose of it in the manner VIA directs, including but not limited to returning same to VIA. Upon disposal of any VIA property as directed, VIA shall then pay Contractor’s final invoice, provided however, that such payment does not exceed the maximum amount of this Contract.

3.3.2 Termination for Default:

3.3.2.1 Default: In the event the Contractor breaches the terms or violates the conditions of this Contract and does not cure the default within ten (10) business days after receiving written notice of such default from…