Bid Notice.pdf

Contract C26031F

US 101 EXPRESS LANES

PHASE 5

IFB

Invitation for Bids

Issue Date: September 21, 2026

Construction

Santa Clara Valley Transportation Authority Table of Contents

Rev. 8/20/26 Page 2

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY

NOTICE OF INVITATION FOR BIDS NO. C26031F

Bidders responding to this Invitation for Bids ("IFB") must submit the required Bid materials no later than 2:00 p.m.

Pacific Time on October 29, 2026, to VTA's Procurement Website (https://www.vta.org/business-center).

Because this Project will be funded with federal assistance, the Successful Bidder must comply with applicable federal requirements.

Nicole Chapman Chief Procurement Officer VTA Procurement, Contracts and Business Development

Santa Clara Valley Transportation Authority

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TABLE OF CONTENTS

SECTION 1 PRELIMINARY INFORMATION

1.1 Introduction to Santa Clara Valley Transportation Authority

1.2 About this IFB

1.3 Definitions

1.4 Order of Precedence, Conflicts, or Inconsistencies

1.5 Procurement Website Registration

1.6 Changes in Bidder's organization

1.7 Pre-Qualification Requirements

1.8 Description of Work

1.9 Licenses

1.10 California Air Resources Board Certification Requirement

1.11 Confidentiality

1.12 Conflicts of Interest

1.13 Rights of VTA

SECTION 2 INSTRUCTIONS TO BIDDERS

2.1 Procurement Schedule

2.2 Communication Protocol

2.3 Pre-Bid Meeting and Site Tour

2.4 Addenda to IFB / Contract Documents

2.5 Important Notice

2.6 VTA Business Development Program

2.7 Prevailing Wage Requirements

2.8 Contractor Registration Law

2.9 Preparation of Bids

2.10 Bid Contents

2.11 General Submittal Requirements

2.12 Bidder Representations

2.13 Reference Documents and Diligence

2.14 Late, Conditional, Multiple, and Single Bids; Withdrawal of Bids

2.15 Protest Procedures

SECTION 3 AWARD AND EXECUTION

3.1 Award or Rejection of Bids

3.2 Contract Award

3.3 Escrow Bid Documents

3.4 Contract Execution and Notice to Proceed

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SECTION 4 BID FORMS

BID FORM 1A: BID FORM CONTRACT AND BIDDER GENERAL INFORMATION

BID FORM 1B: COST BID

BID FORM 1C: BIDDER GENERAL INFORMATION

BID FORM 2: BID SECURITY

BID FORM 3: DESIGNATION OF SUBCONTRACTORS (CONSTRUCTION)

BID FORM 4: LISTING OF DBE BIDDER OR SUBCONTRACTORS

BID FORM 5: LITIGATION DISCLOSURE

BID FORM 6: GENERAL CERTIFICATIONS

BD FORM 7: NON-COLLUSION DECLARATION

BID FORM 8: RESERVED

BID FORM 9: RESERVED

BID FORM 10: DESIGNATION OF BIDDER’S REPRESENTATIVE

BID FORM 11: RESERVED

BID FORM 12: DEBARMENT AND SUSPENSION CERTIFICATION

BID FORM 13: CERTIFICATION OF RESTRICTIONS LOBBYING

BID FORM 14: BUY AMERICA CERTIFICATION

BID FORM 15: BIDDERS LIST

BID FORM 16: RESERVED

BID FORM 17: CERTIFICATE OF BIDDER OCCUPATIONAL SAFETY AND HEALTH (OSH)

BID FORM 18: PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

Appendix A Definitions and Acronyms

Appendix B Reference Documents

Appendix C Pre-Qualification Requirements and Application

Appendix D Bidder’s Solicitation Requirements Checklist

Appendix E Form of Contract

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[This Page Intentionally Left Blank]

Santa Clara Valley Transportation Authority Section 1 – Preliminary Information

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Section 1 PRELIMINARY INFORMATION

1.1 Introduction to Santa Clara Valley Transportation Authority

The Santa Clara Valley Transportation Authority ("VTA") is an independent special district responsible for bus and light rail operations, paratransit, congestion management, specific highway improvement projects and countywide transportation planning. As such, VTA is both an accessible transit provider and multi-modal transportation planning organization involved with transit, highways, roadways, bikeways, and pedestrian facilities. VTA's bus fleet of 505 buses serves a 346 square mile urbanized service area and operates approximately 18 million miles annually. The 42.2-mile light rail system is served by 99 rail cars and 5 historic trolley cars and operates approximately 2.2 million miles annually. VTA employs approximately 2,300 people, of whom approximately 700 are administrative, clerical and professional positions and approximately 1,600 are operators and maintenance positions. There are 4 operating/maintenance facilities located within Santa Clara County. The administrative headquarters is located separately from these 4 facilities. For more information about VTA log on to www.VTA.org.

1.2 About this IFB

VTA seeks bids (each a "Bid") from responsive and responsible qualified firms (each a "Bidder") to provide all labor, materials, tools, equipment, services, supervision, and incidentals necessary to convert the existing High Occupancy Vehicle (HOV) lanes to Express Lanes (EL) (previously known as High Occupancy Toll (HOT) lanes) on US 101 from near the US 101/SR 237 interchange, conforming to the Phase 3 Express Lanes, and to add a second express lane from Fair Oaks Avenue in Sunnyvale to near the US 101/I-880 interchange in San Jose for the project titled below and further described in the Scope of Work (the "Project"):

US 101 EXPRESS LANES PHASE 5

CONTRACT C26031F

VTA intends to award a contract for the Project to the Successful Bidder (the "Contract"). If awarded, the base Contract will have a term of 1,270 calendar days. This IFB neither commits VTA to enter into such Contract nor obligates VTA to pay for costs incurred in preparation or submission of Bids or in anticipation of entry into a Contract. The Successful Bidder awarded the Contract, if any, is referred to as the "Contractor".

The Project is estimated in the range of $150,000,000 to $165,000,000.

1.3 Definitions

Capitalized terms used in this IFB have the meaning set forth in 0 (Definitions and Acronyms). Definitions of capitalized terms used and not otherwise defined in 0 (Definitions and Acronyms), are set out in Exhibit 1 (Definitions, Interpretation and Acronyms), of the Contract.

1.4 Order of Precedence, Conflicts, or Inconsistencies

Except as otherwise expressly set out in this IFB, if there are any conflicts or inconsistencies among the terms and conditions of any of the documents comprising this IFB, the following will apply:

(a) with respect to matters of interpretation related to the IFB process, the order of precedence will be as follows:

(i) Section 1 (Preliminary Information) to Section 4 (Bid Forms will prevail over the IFB Appendices; and

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(ii) subject to Section 1.4(b), Section 1, Preliminary Information to Section 4, Bid Forms) and the IFB Appendices will prevail over the Contract;

(b) with respect to conflicts between the definitions contained in this IFB and the definitions contained in the Contract, unless the context provides otherwise, the Contract definitions will control with respect to matters of interpretation related to the Project or the Contract and this IFB's definitions will control with respect to matters of interpretation related to the solicitation process; and

(c) with respect to matters of interpretation related to the Project or the Contract, the Contract will prevail over the documents in any other part of this IFB.

1.5 Procurement Website Registration

The full set of solicitation documents, including this IFB and all Appendices (including the Form of Contract) can be found at http://www.vta.org ("VTA's Procurement Website"). Bidders are solely responsible for monitoring VTA's Procurement Website, for receiving and reviewing all documents provided through VTA's Procurement Website and for dissemination of all documents to the rest of the Bidder's team members.

Bidders must register on VTA's Procurement Website as a condition of bidding to ensure they will receive this IFB and all Appendices, as well as notification of any subsequent potential addenda or other pertinent information. Instruction for registering for access to VTA’s Procurement Website are as follows:

(a) Go to https//www.vta.org/business-center, then select "Get Registered"

(b) Provide email address and click "Sign Up"

(c) Check email for a system message providing a link to activate account

(d) Click on the "Activate Account" link

(e) Once activated, the system will take the Bidder to the Vendor Registration page where the Bidder enters registration information

(f) Select NAICS code(s) and adjust email subscription settings for notification preferences

(g) To view this solicitation, select "Visit Portal"

(h) To sign up for automatic email updates for this IFB, select this solicitation on the "Visit Portal" page and then click "Follow"

(i) Download all solicitation documents

(j) To receive automatic notifications for upcoming VTA projects, click "+ Subscribe" on the main "Procurement Portal" page

(k) The VTA Procurement Website Page is: https://procurement.opengov.com/portal/vta

1.6 Changes in Bidder's organization

(a) Subject to Section 1.6(b), a Bidder may add, delete, or substitute their team members and reorganize their team members during the IFB process, unless the change would result in an organizational conflict of interest (as defined in Section 1.12 (Conflicts of Interest)).

(b) A Bidder must not do any of the following after submission of its Bid and prior to execution of the Contract:

(i) delete, substitute, or change the composition of the Bidder or any Key Subcontractor or change the role or scope of work of the Bidder or a Key Subcontractor, in each case as identified in its Bid; or

(ii) otherwise reorganize its team to the extent that such reorganization would render the information provided in its Bid inaccurate or incomplete, (each an "Organizational Change").

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1.7 Pre-Qualification Requirements

VTA will only accept Bids from those Bidders who have been pre-qualified for this Project. The Pre- Qualification application is contained in Appendix C (Pre-Qualification Requirements and Application).

Prospective Bidders that are not already pre-qualified may qualify during the solicitation period.

1.8 Description of Work

The Work to be performed under the Contract consists of furnishing all labor, materials, tools, equipment, services, supervision, and incidentals necessary to complete the Project. The Work is further described in the Scope of Work (see Contract Form Section 2), and the Technical Specifications.

1.9 Licenses

The Bidder must, at the time of Contract award, possess current licenses in the following classifications or the proper license required to perform the scope of work issued by the California Department of Consumer Affairs, Contractors State License Board:

License:

─ Class A (General Engineering) ─ C-8 (Concrete) ─ C10 (Electrical) ─ HAZ (Hazardous Substance Removal Certification)

Unless otherwise expressly stated in the table above, a Bidder may fulfill these license requirements either by itself or in conjunction with licenses held by Subcontractors of any tier. A combination of prime Contractor and Subcontractor licenses is acceptable only when (a) each such Subcontractor's scope of work is identified in Bid Form 3 (Designation of Subcontractors (Construction)) (regardless of the Subcontractor's tier or Subcontract amount) and that scope of work aligns with the license held by the Subcontractor; (b) each such Subcontractor possesses the identified license at the time stated above; and (c) the Contractor will perform at least 30 percent of the original Total Bid Price.

Regardless of whether a Subcontractor is identified at the time of Bid, each Subcontractor must be properly licensed to perform its scope of work.

1.10 California Air Resources Board Certification Requirement

Pursuant to section 2449(i) of Title 13, California Code of Regulations, at the time of its Bid submission and at VTA's request following Bid submission, the Bidder must provide to VTA a Certificate of Reported Compliance (or certify that a Certificate of Reported Compliance is not required) for any fleet of vehicles that will be used by the Contractor in the performance of the Services with a diesel-fueled or alternative diesel-fueled off-road compression-ignition engine with maximum power (max hp) of 25 horsepower (hp) or greater provided that the vehicle cannot be registered and driven safely on-road or was not designed to be driven on-road.

Bidders can register and report their emissions standards in the DOORS reporting system to receive their certifications.

1.11 Confidentiality

1.11.1 VTA Use

All information submitted to VTA under this IFB and solicitation process becomes the exclusive property of VTA and may be returned at VTA's sole discretion. Despite any Bidder copyright designations contained in a Bid, VTA will have the right to make copies and distribute a Bid internally and to comply with the

Rev. 8/20/26 Page 9 provisions of the California Public Records Act, and any other public record or other disclosure requirements under the provisions of any state or United States statute or regulation, or rule or order of any court of competent jurisdiction.

1.11.2 Confidentiality and California Public Records Act Compliance

(a) All information submitted to VTA under this IFB and solicitation process will be handled and managed by VTA in accordance with California Government Code Section 7920.000 et seq.

("California Public Records Act" or "CPRA"). Records may only be withheld pursuant to a qualifying exemption as specified in the California Public Records Act. As required by CPRA Section 7921.005, VTA at its discretion will make the ultimate decision as to whether or not any Records qualify for an exemption from release pursuant to the California Public Records Act.

(b) California Public Contract Code Section 22164(b)(4)(B) provides that information that is not otherwise a public record pursuant to the California Public Records Act will not be open to public inspection. If a Bidder considers that any information or materials that it submits contains information that is CPRA Exempt Material, the Bidder must clearly mark the relevant information as "Trade Secret," "Confidential," or "Proprietary." A Bidder will not be permitted to designate as a "Trade Secret," "Confidential," or "Proprietary" the name of the Bidder, the Bid price, or any other information that is not actually a "Trade Secret," "Confidential," or "Proprietary."

(c) Blanket designations that do not identify the specific information or materials the Bidder believes is a "Trade Secret," "Confidential," or "Proprietary" will not be acceptable, and may be cause for VTA to treat all submitted information as public information that does not include a "Trade Secret" or "Confidential" or "Proprietary" information.

(d) No designation by a Bidder of information or materials as "Trade Secret," "Confidential," or "Proprietary" will be binding on VTA or determinative of any issue relating to the application of, or treatment of such information or materials under, the California Public Records Act or any other Applicable Law.

(e) VTA will not advise Bidders as to the nature or content of documents that may qualify for a legal exemption from disclosure under the California Public Records Act.

(f) If VTA receives a California Public Records Act request with respect to all or a part of any information that a Bidder has identified as "Trade Secret," "Confidential," or "Proprietary":

(i) at its sole discretion, VTA may determine that it will disclose all or a portion of the requested records to the requestor. Before disclosing records in response to such request, VTA will use reasonable efforts to inform the Bidder of its intention to provide such records. In the event the Bidder wishes to prevent disclosure of the requested records, the Bidder's sole recourse will be to independently pursue legal action to obtain a court order enjoining the disclosure of the requested records, in which event, VTA will at its sole discretion decide what legal action, if any, VTA will pursue in the context of the Contractor's legal action; or

(ii) VTA may determine that it will withhold all or a part of the requested records. The Bidder acknowledges that in such an event, the requestor could elect to pursue legal action against VTA to obtain a court order determining the requested records are not exempt from disclosure under the California Public Records Act, in which event, VTA will at its sole discretion decide what legal action, if any, VTA will pursue regarding the requestor's legal action.

(g) In the event of litigation concerning the disclosure of any records, VTA's sole involvement will be as a stakeholder, retaining the records until otherwise ordered by a court. The Bidder, at its sole expense and risk, will be fully responsible for any and all fees for prosecuting or defending any action concerning the records and will indemnify and hold VTA harmless from all costs and expenses, including attorney's fees in connection with any such action.

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1.11.3 Confidentiality and non-disclosure

VTA may identify materials and information, including design specifications or construction documents that relate to transportation systems, transit stations, vehicles, communications, security systems, vulnerability assessments and contingency plans to be provided to Bidders as part of the IFB, the Contract or as part of a Reference Document, which VTA may designate as Critical Infrastructure Information ("CII"), Security Sensitive Information ("SSI"), or confidential information exempt from disclosure to the public or other unauthorized persons as provided under 6 C.F.R. Part 29, 49 C.F.R. Part 15, or California Government Code Section 7921.500 et seq. If VTA intends to make such information available to Bidders, VTA will provide further instructions as part of the IFB process and may also require Bidders to comply with additional protocols and procedures to ensure safeguarding of such information.

1.11.4 Media Releases and Communications

Bidders must not issue media releases, including news releases, internet postings, advertisements, or any other public communications pertaining to the Project without prior written approval from the VTA Communications Department. Bidders must not have any communications with media outlets without prior written approval from the VTA Communications Department, and then only in coordination with the Contract Administrator.

1.12 Conflicts of Interest

Bidders must comply with the VTA Organizational Conflict of Interest Procedures which can be accessed at https://www.vta.org/sites/default/files/2024-08/Attachment%20J%E2%80%93VTA-Organizational- Conflict-of-Interest-Procedures.pdf.

In accordance with the Scope of Work, the Contractor's duties and services under the Contract will not include preparing or assisting VTA with any portion of VTA's preparation of an invitation for bid, request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with VTA. VTA will at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. The Contractor's participation in the planning, discussions, drawing of project plans or specifications, or conducting independent studies shall be limited to conceptual, preliminary, or initial plans or specifications. The Contractor shall cooperate with VTA to ensure that all offerors for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by the Contractor pursuant to this Contract.

1.13 Rights of VTA

VTA reserves the right to do any of the following:

(a) Cancel the procurement.

(b) Reject any and all Bids.

(c) Issue a subsequent IFB.

(d) Issue addenda to amend this IFB (including the Procurement Schedule).

(e) Remedy errors in this IFB.

(f) Negotiate separately in any manner necessary to serve the best interests of VTA, in accordance with Applicable Law.

(g) Issue addenda to amend the Contract Documents or any Reference Documents.

(h) Seek the assistance of outside technical experts to review Bids.

(i) Request clarification from any, all, or none of the Bidders of any information contained in Bids.

(j) Respond to IFB Comments after the deadline for submitting IFB Comments.

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(k) Approve or disapprove the use of particular Subcontractors and suppliers.

(l) Waive any immaterial irregularity in any Bid.

(m) Interview any, all, or none of the Bidders to clarify the information provided pursuant to this IFB.

(n) Require, as a condition to the award of any contract, security from Bidders for the full and faithful performance and completion of the contract in a form determined by VTA in its sole discretion, including without limitation payment bonds, performance bonds, warranty bonds, letters of credit and guarantees from shareholders of the Bidder or otherwise.

(o) Require, in its sole discretion, Bidders to provide current cost and pricing data.

(p) Examine any books, records, accounts and other documents of any Bidders as it relates to the Bid.

(q) Reject any Bidder who submits incomplete or inadequate responses or is not otherwise responsive to the requirements of this IFB.

(r) Reject a Bid upon evidence of an organizational conflict of interest, false or misleading certifications or representations in its Bid, or collusion with intent to defraud or other illegal practices on the part of a Bidder.

(s) Reject any Bids submitted in breach of Section 2.14.2 (Conditional Bids) or Section 2.14.3 (Bidders Interested in More than One Bid).

(t) In the event that the Successful Bidder does not execute the Contract in accordance with this IFB, award the Contract to the second-ranked Successful Bidder selected in accordance with Section

3.1.1 (Award Process).

(u) Negotiate with any, all or none of the Bidders

(v) Award a contract without oral presentations, interviews or discussions.

(w) Award a contract to one or more Bidders.

Santa Clara Valley Transportation Authority Section 2 – Instructions to Bidders

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Section 2 INSTRUCTIONS TO BIDDERS

2.1 Procurement Schedule

VTA's procurement schedule is listed in Table 2.1 below ("Procurement Schedule"). All dates set forth in this IFB are subject to change at VTA's sole discretion and any such change will be provided to Bidders in an addendum. All references in this IFB to "time" are Pacific Time.

TABLE 2.1: Procurement Schedule

Issue date September 21, 2026

Pre-Bid Conference October 6, 2026 at 2:00 PM

Deadline to submit IFB Comments October 10, 2026 at 2:00 PM

Bid Due Date / Bid Opening October 29, 2026 at 2:00 PM

Anticipated Notice of Recommended Award November 3, 2026

2.2 Communication Protocol

2.2.1 Designated Point of Contact and Rules of Contact during Procurement

(a) Bidder's Contact Person

Each Bidder is solely responsible for notifying the Contract Administrator by email of the name, phone number, address and e-mail address of the Bidder's Contact Person as soon as possible after issuance of this IFB and for ensuring that the name and contact information for the Bidder's Contact Person is accurate and updated at all times during the IFB process. The Bidder's Contact Person may be the same individual or a different individual to the individual designated as the Bidder's Representative.

(b) Communications with VTA

Except as otherwise permitted under this IFB, all communications with VTA regarding this IFB and throughout the procurement process (including this solicitation, evaluation, negotiation, protest, award phase and prior to Contract execution) must be in writing through VTA's Procurement Website using the "Question & Answer" tab of the project file. VTA will not accept telephone calls.

Any communication or inquiry outside this process will be deemed not received.

Designated Contract Administrator: Kimmy Truong

Email: Kimmy.truong@vta.org

Any communication regarding this IFB other than through the "Question & Answer" tab of the project file on VTA's Procurement Website may result in the disqualification of the Bidder.

2.2.2 Improper Communications and Contact during Procurement

Except as set out otherwise in this IFB, Bidders must not have any direct or indirect communications regarding the Project or this IFB with:

(a) another Bidder;

(b) VTA; and

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(c) any board members, representatives, employees, advisors, contractors, or consultants of the foregoing involved with the procurement of the Project (including those referenced in Section 1.12 (Conflicts of Interest));

except for:

(i) contacts made prior to Bid submission that relate solely to bona fide inquiries regarding the formation of potential Bidder teams; and

(ii) communications expressly permitted by this IFB or as approved in writing in advance by VTA, in its sole discretion.

2.2.3 Question and Answer Process

(a) Submission of IFB Comments to VTA

Requests for clarifications, questions, or comments (including comments requesting to amend the terms and conditions of the Contract Documents) relating to this IFB ("IFB Comments") must be submitted in writing to VTA. IFB Comments must be submitted through VTA's Procurement Website using the "Question & Answer" tab of the project file in accordance with Section 2.2.1(b) (Designated Point of Contact and Rules of Contact during Procurement). The deadline for submitting IFB Comments will be the date listed in the Procurement Schedule.

(b) Responses from VTA

VTA will endeavor to provide written responses to IFB Comments within a reasonable period following receipt. VTA is not obligated to provide responses to any IFB Comment.

In responding to IFB Comments, VTA may rephrase them as it deems appropriate and may consolidate similar IFB Comments. VTA may also issue clarifications independent of any IFB Comments submitted by Bidders. VTA intends to publish inquiries and responses on VTA's Procurement Website.

VTA will not be bound by any oral interpretation, oral clarification, or written responses to IFB Comments regarding this IFB or the Contract Documents and any such oral or written clarifications will not modify this IFB or the Contract Documents, except to the extent such clarification or response is included in an addendum issued in accordance with Section 2.4 (Addenda to IFB/Contract Documents).

2.3 Pre-Bid Meeting and Site Tour

2.3.1 Pre-Bid Meeting

All prospective Bidders are strongly encouraged to attend the Pre-Bid Meeting scheduled at the date and time stated in the Procurement Schedule. The Pre-Bid Meeting will be held virtually.

Virtual Pre-Bid Meeting details:

Join Microsoft Teams Meeting

Join: https://teams.microsoft.com/meet/251888170755387?p=YQtG0LYg9HnFdrSaKD

Meeting ID: 251 888 170 755 387

Passcode: dK6iW2aB or

Dial in by phone

+1 408-889-1601,,12415864# United States, San Jose

(833) 256-0505,,12415864# United States (Toll-free)

Phone conference ID: 124 158 64#

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2.3.2 Site Tour

No site tour will be held for this Project.

Bidders must remain compliant with any applicable Santa Clara County and California Health Orders. If a health order requires wearing face masks or face coverings, or requires social distancing, Bidders must ensure their employees are compliant. Bidders must also require their Subcontractors remain compliant with any applicable health orders. If health orders are not the same between the county and state, then the most restrictive requirement will be followed. VTA reserves the right to enforce health order requirements, especially on VTA property, and within the Worksite.

2.4 Addenda to IFB / Contract Documents

VTA reserves the right to make changes to this IFB or the Contract Documents as it may deem appropriate until the Bid Due Date. Any and all changes to this IFB or the Contract Documents will be made by written addenda, which will be issued by VTA to all Bidders who have registered and downloaded this IFB.

If such addenda require changes in quantities or might affect the prices bid, the Bid Due Date and the date set for Bid Opening may be postponed by the number of days that in VTA's opinion will enable Bidders to revise their Bids. In any case, the Bid Due Date will be at least 72 hours after the issue date of the last addendum. If an addendum causes the original Bid Due Date and date for Bid Opening to be extended, that addendum will include the new Bid Due Date and new date for Bid Opening.

By submitting a Bid, the Bidder certifies that this IFB, the Contract Documents and addenda have been thoroughly read and that there are no misunderstandings as to the meaning, purpose, or intent of any provision in this IFB or the Contract Documents as modified by those addenda.

2.5 Important Notice

Bidders' attention is drawn to the following Table 2.5 (Solicitation and Contract Requirements). This list is provided for reference and is non-exhaustive. Bidders are reminded that they are required to review this IFB (including Appendix E (Form of Contract)) in full. Refer also to Appendix D (Bidder's Solicitation Requirements Checklist).

TABLE 2.5: Solicitation and Contract Requirements

Bid Forms Detailed instructions for the submittal of Bids are provided in Section 2 (Instructions to Bidders), including Section 2.9 (Preparation of Bids), Section 2.10 (Bid Contents), and Section 2.11.1 (Submission of Bids and Bid Opening). Refer to Section 4 (Bid Forms), for a list of required forms and certifications to submit by the Bid Due Date.

Bid Security As further described in Section 3.2.4 (Bid Security) each Bid must include Bid Security in the form and in the amount stated in Section 3.2.4 (Bid Security).

Bonding Requirements Payment and Performance Bond /Warranty Bond requirements are set forth in Exhibit 8 (Form of Bonds) of the Contract. Such Bonds will be required to be submitted by the Successful Bidder only.

Insurance Requirements Insurance requirements are set forth in Exhibit 9 (Insurance Requirements) of the Contract. Insurance coverage will be required to be obtained by Successful Bidder only.

Freight Terms All materials must be "FOB Destination", prepaid and allowed, at no additional cost to VTA unless specified otherwise in the Scope of Work. "Destination" is defined for purposes of the Contract as the VTA locations as specified in the Scope of Work or on the individual purchase orders associated with this Contract.

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Department of Industrial Relations Registration

The Contractor and all Subcontractors used for the performance of Work under the Contract must be registered, pursuant to Section 1725.5 of the California Labor Code, at the time of Bid Due Date. This Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations ("DIR"). Refer to Section 2.8 (Contractor Registration Law).

Licenses The Contractor must, at the time of Contract award, possess current licenses. Refer to Section 1.1, Licenses.

Pre-Qualification Pre-Qualification is required as defined in Section 1.7 (Pre-Qualification Requirements).

Funding Sources This Project is federally funded. Refer to Section 2.6.3 (Funding Sources).

Refer to Section 4 (Bid Forms) for instructions on completing the Bid Forms required due to federal requirements.

Prohibited Sources Applicable prohibitions on products, services, equipment, and/or are set out in Exhibit 4 (Required Regulatory Clauses) of the Contract.

In addition, Section 2200 et seq. (Iran Contracting Act) of the California Public Contract Code and California Executive Order N-6-22 (regarding steps to be taken by State agencies and grantees in response to Russian aggression in Ukraine) apply to this solicitation. Each Bidder must carefully examine the certifications required to be given under paragraphs 3 and 4 of Bid Form 6 (General Certifications).

DBE Requirements See Section 2.6.2 (Contract Goal) for the established DBE or SBE Contract Goal for this Project.

Each Bid must comply with all requirements in Section 2.6 (VTA Business Development Program). The Contractor must also comply with all Business Development Program Requirements set out in Section 6 (Business Development Program Requirements) of the Contract and Exhibit 6 (Business Development Program and Requirements of the Contract.

Prevailing Wages This Project is a "public work" as defined in Section 1720 of the California Labor Code.

The Contract is subject to payment of prevailing wages as described in Section 9.0 (Payment of Prevailing and Living Wages/Reporting) of Part 2 (Required Local/State Terms) of Exhibit 4 (Required Regulatory Clauses) of the Contract. Refer to Section

2.7 (Prevailing Wage Requirements).

Required Regulatory Clauses

Each Bidder must carefully examine Exhibit 4 (Required Regulatory Clauses) of the Contract.

Federal requirements will apply to all Work performed on the Contract. Refer to Section 2.6.3 (Funding Sources).

California Air Resources Board Certification Requirement

At the time of its Bid submission and at VTA's request following Bid submission, the Bidder must provide to VTA a Certificate of Reported Compliance (or certify that a Certificate of Reported Compliance is not required under Bid Form 6 (General Certifications)) for any fleet of vehicles used by the Contractor in the performance of the Services with a diesel-fueled or alternative diesel-fueled off-road compression-ignition engine with maximum power (max hp) of 25 horsepower (hp) or greater provided that the vehicle cannot be registered and driven safely on-road or was not designed to be driven on-road. Refer to Section 1.10 (California Air Resources Board Certification Requirement).

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Post-award Submittals Refer to Section 3.2.2/ Table 3.2.2 (Post-Award Submittals) for a list of required forms and certifications to submit prior to Contract execution. These forms will not be submitted with the Bid.

Project Labor Agreement For public works or improvement contract(s) that is estimated at or above $2 million dollars (refer to Exhibit 7 (Project Labor Agreement)).

Additional Information VTA has designated the location of this Project as archaeologically sensitive.

2.6 VTA Business Development Program

2.6.1 Program and Requirements

The intent of the Business Development Program is to ensure that Small Business Enterprises ("SBEs") and Disadvantaged Business Enterprises ("DBEs") have opportunities to participate in the performance of contracts and subcontracts, as set out in Exhibit 6 (Business Development Program and Requirements) of the Contract.

2.6.2 Contract Goal

The DBE goal for this IFB and Contract is 7.8% ("Contract Goal")

2.6.3 Business Development Program Forms

All Bid Forms required under the Business Development Program and Requirements must be submitted by the deadlines set forth in the IFB. Funding Sources

This Project is federally funded

This Project is subject to a financial assistance grant from the Federal Highway Administration ("FHWA").

FHWA requirements in Exhibit 4 (Required Regulatory Clauses) apply to all Work performed by the Contractor and to Work performed by Subcontractors to the extent set out in Exhibit 4 (Required Regulatory Clauses) of the Contract.

For federally funded projects, refer to Section 4 (Bid Forms), for the Bid Forms required given federal requirements.

This Project is subject to a financial assistance grant from California Department of Transportation ("Caltrans"). Any Caltrans requirements in Exhibit 4 (Required Regulatory Clauses) apply to all Work performed by the Contractor and to Work performed by Subcontractors to the extent set out in Exhibit 4 (Required Regulatory Clauses) of the Contract.

2.7 Prevailing Wage Requirements

Pursuant to the California Labor Code, the Director of the DIR has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) applicable to the Work for straight time, overtime, Saturday, Sunday, and holiday work. The Contractor will be required to post a copy of the prevailing wage rates at the worksite or material staging area.

Workers employed in the Work must be paid at the rates at least equal to the prevailing wage rates specified by VTA. If the Contractor uses a craft or classification not shown on the prevailing wage determinations, the Contractor may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of Contract award.

In the performance of the Work, the Contractor and all Subcontractors carrying out covered work will be responsible for compliance with California Labor Code Sections 1776 and 1777.5.

Rev. 8/20/26 Page 17

The Contract is also subject to federal requirements for payment of prevailing wages as determined by the Secretary of Labor. Federal wage rates are available at the System for Award Management ("SAM") website https://sam.gov/content/wage-determinations and at the Contracts Office of VTA. The applicable Federal Wage Determination for the Contract will be based on CA20260018 Modification 6 dated July 14, 2026. A copy of the Federal Wage Determination may also be found in Exhibit 5 (Federal Wage Determination) of the Contract. Where there are differences in the rates between California prevailing rates and federal wage rates, the higher rate will apply.

2.8 Contractor Registration Law

(a) All Bidders (and any listed Subcontractors carrying out covered work) must be registered with the DIR to be eligible to bid on this IFB and work on the Project.

(b) A contractor or subcontractor (as defined by California Labor Code section 1722.1) will not be qualified to (i) bid on or be listed in a Bid, subject to the requirements of California Public Contract Code section 4104, or (ii) engage in the performance of any public work contract, unless the contractor or subcontractor is currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5.

(c) At the time of its Bid submission and at VTA's request following Bid submission, including upon or prior to Notice of Recommended Award, each Bidder must provide to VTA evidence reasonably acceptable to VTA:

(i) of compliance with the requirements under Applicable Law described in Section 2.8(b);

(ii) that the Bidder or each Bidder Member, as applicable, is qualified to do business in California; and

(iii) that the Bidder or each Bidder Member, as applicable, has a valid California Contractors State License Board Classification.

(d) Bidders must not list a contractor or subcontractor (as defined by California Labor Code section 1777.1(g)) in the Bid if that contractor or subcontractor is ineligible to bid or work on, or be awarded, a public works project pursuant to California Labor Code section 1777.1.

(e) A list of all registered firms may be found on the DIR website so that awarding bodies and contractors will be able to comply with requirements to only use registered contractors and subcontractors.

(f) VTA will not award any Contract without proof of the Contractor's and Subcontractors' current DIR registration.

2.9 Preparation of Bids

The Bidder must prepare its Bid in accordance with all of the requirements of this IFB and any addenda. In order to receive consideration, all Bids must comply with the following instructions.

2.9.1 Form of Bid

Bids must be electronically submitted via VTA procurement portal on the forms provided in this IFB. Bids submitted in any other form may be considered nonresponsive and rejected.

Bidders must properly fill in blank spaces in each Bid Form. Bidders may not change any text in the Bid Forms. Any conditions or limitations made to the text, or illegible writing, in the Bid Forms may be cause for rejection.

2.9.2 Prices, Taxes and Applicable Fees in the Bid

Bids must include full compensation for furnishing all labor, material, tools, and equipment and performing all the Work complete in place in accordance with the Contract requirements. Bid prices must include all applicable taxes, freight charges and other applicable fees of any kind.

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The Contractor will be responsible for assessing any and all applicable taxes related to the purchase or installation of materials used on the Project and must, for purposes of determining transaction or use tax liability, use the Worksite as the place where "engaged in business".

2.9.3 Submitting the Bid

The Bidder's Representative shall be empowered to submit the Bid on behalf of the Bidder and to act for and bind the Bidder in all matters relating to the Bid. It is the responsibility of the Bidder's Representative to sign all required Bid Forms. The Bidder must submit sufficient documentation to establish the legal authority (including signature authority) of the Bidder's Representative to act on behalf of, sign for, and bind the Bidder.

If the Bidder is a joint venture or partnership, it must submit with its Bid (i) a duly notarized venturer or partner-executed irrevocable power of attorney that designates the Bidder's Representative and gives the Bidder's Representative authority to sign on behalf of the Bidder Member; and (ii) a copy of the properly executed joint venture or partnership agreement. The irrevocable power of attorney and the joint venture or partnership agreement shall specifically state that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of the Bidder that are assumed under any contract arising from the Bid. The Bidder's Representative shall execute the Bid Forms on behalf of the joint venture or partnership in its legal name.

Wet signed and scanned or electronic signatures are acceptable forms of signature for all forms and certifications included by the Bidder in its Bid. However, VTA reserves the right to request original signatures.

2.9.4 Bidders' costs not reimbursable

The cost of preparing a Bid, and any and all other costs incurred by a Bidder at any time during the IFB process, will be borne solely by such Bidder.

2.9.5 Sealed Electronic Bid

Electronic Bid submission in accordance with this IFB constitutes a Bid submitted under sealed cover as required by California Public Contract Code Section 20305.

2.10 Bid Contents

The Bidder must complete and submit the Bid Forms described in this Section 2.10 and Section 4 (Bid Forms) with its Bid through VTA's Procurement Website. This Section 2.10 provides specific requirements for the Bid Forms to be submitted with the Bid.

Bid Forms must be submitted electronically in the format provided in Section 4 (Bid Forms) of this IFB. Bids submitted in any other form may be rejected.

2.10.1 Bid Form 1A: Bidder Bid for Contract Certification

The Bidder must complete and submit Bid Form 1A (Bidder Bid for Contract Certification) in its entirety as instructed in Bid Form 1A (Bidder Bid for Contract Certification).

2.10.2 Bid Form 1B: Cost Bid Form

The Bidder must complete and submit Bid Form 1B (Cost Bid) in its entirety as instructed in Bid Form 1B (Cost Bid). The Cost Bid Form must be submitted as a separate electronic document and must not be combined with the other contents of the Bid.

The quantities given in the Schedule of Quantities and Prices for which unit prices are asked to be bid are approximate, and are provided as a basis for the comparison of Bids only. VTA does not, expressly or by implication, represent that the actual quantities required will correspond with the quantities set out in the Schedule of Quantities and Prices. VTA reserves the right to increase, decrease or omit entirely the quantity

Rev. 8/20/26 Page 19 of any class or portion of the Work, or materials required for all or any portion of the Work, as VTA may deem necessary or advisable.

On all Bid items for which Bids are to be received on a unit price basis, the unit price, as well as the extended price (unit price multiplied by the number of units shown on Bid Form 1B (Cost Bid)) must be shown for each Bid item. If there is a discrepancy between unit prices and extended price for any Bid item, the unit price multiplied by the number of units will prevail. In the event of a discrepancy between the sum of the extended prices for all Bid items and the Total Bid Price, the sum of the extended prices of all items will prevail. The sum of extended prices on all Bid items and the Total Bid Price must be calculated to 2 decimal places.

2.10.3 Bid Form 1C: Bidder General Information

Complete Bid Form 1C (Bidder General Information) and submit as a part of your Bid submission.

2.10.4 Bid Form 2: Bid Security

If the Bidder has elected to provide the Bid Security in the form of a bid bond in accordance with Section

3.2.4 (Bid Security), the Bid must include Bid Form 2 (Bid Security) duly completed and executed by an admitted surety. Bidders must submit an electronic copy of the Bid Security with the submission of its Bid, on bid opening date. Failure to submit the electronic copy of the Bid Security with the submission of the Bid will render the Bid non-responsive. Bidders must submit the original Bid Security to the Contract Administrator.

If the Bidder has elected to provide the Bid Security in another permitted form (not a bid bond), then that Bid Security must be submitted in accordance with Section 3.2.4 (Bid Security).

2.10.5 Bid Form 3: Designation of Subcontractors

Each Bid must include Bid Form 3 (Designation of Subcontractors (Construction)). If there are no Subcontractors, Bidders must write "No Subcontractors" on the form. If there are Subcontractors, Bidders must follow the instructions on Bid Form 3 (Designation of Subcontractors (Construction)).

2.10.6 Bid Form 4: Designation of DBE Firms (Contractor and/or Subcontractors)

Each Bid must include Bid Form 4 (Listing of DBE Bidder or Subcontractors). Each Bidder must complete and submit Bid Form 4 (Listing of DBE Bidder or Subcontractors) in its entirety as instructed in Bid Form 4 (Listing of DBE Bidder or Subcontractors). The submitted Bid Form 4 (Listing of DBE Bidder or Subcontractors) must include the Bidder's anticipated Contract Goal, for contracts where a Contract Goal is established.

2.10.7 Bid Forms 5 to 11

Each Bid must include the following Bid Forms. Each Bidder must complete and submit the following Bid Forms in their entirety as instructed in the Bid Forms.

Bid Form 5 (Litigation Disclosure)

Bid Form 6 (General Certifications)

Bid Form 7 (Non-Collusion Declaration)

Bid Form 8 – RESERVED

Bid Form 9 – RESERVED

Bid Form 10 (Designation of Bidder's Representative)

Bid Form 11 – RESERVED

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2.10.8 Bid Forms 12 to 14 (Federal)

Each Bid must include the following Bid Forms. Each Bidder must complete and submit the following Bid Forms in their entirety as instructed in the Bid Forms.

Bid Form 12 (Debarment and Suspension Certification) Each Bidder must complete and submit the Bid Form as instructed in the Bid Forms.

Bid Form 13 (Certification of Restrictions on Lobbying) Each Bidder must complete and submit the Bid Form as instructed in the Bid Forms.

Bid Form 14 (Buy America Certification) The Buy America Certification must be included with the Bid on the Bids Due Date. Failure to submit the Buy America Certification will deem the Bid nonresponsive.

2.10.9 Bid Form 15: Bidders List

Each Bid must include Bid Form 15 (Bidders List). In accordance with 49 C.F.R. § 26.11(c), VTA is required to maintain a Bidders List, consisting of all firms bidding on prime contracts and bidding or quoting subcontracts, who seek an award or participation on VTA contracts funded in whole or in part with federal funds. Each Bidders List is a compilation of bidders, quoters, subcontractors, manufacturers, and suppliers of materials who have submitted bids during the advertising period of a specific contract.

2.10.10 Bid Forms 16 to 18

Each Bid must include the following Bid Forms. Each Bidder must complete and submit the following Bid Forms in their entirety as instructed in the Bid Forms.

Bid Form 16 - Reserved Bid Form 17 – Certificate of Bidder Occupational Safety and Health (OSH) Bid Form 18 – Payment Adjustments for Price Index Fluctuations

2.11 General Submittal Requirements

2.11.1 Submission of Bids and Bid Opening

Bids must be submitted electronically on VTA's Procurement Website on or before the date listed in Procurement Schedule ("Bid Due Date"). Bids received by email, mail, hand delivery or another other method will not be accepted.

To submit a Bid electronically, Bidders should login on VTA's Procurement Website, select the "Draft Response" button and follow the steps on screen.

Bids will be received, publicly opened via Microsoft Teams Meeting, and read aloud at the date and time listed in the Procurement Schedule ("Bid Opening"). Bidders and the public may virtually attend the Bid Opening at the following hyperlink:

Join Microsoft Teams Meeting

Join: https://teams.microsoft.com/meet/279283324115197?p=fk5P9CqHWg5VeISOZg

Meeting ID: 279 283 324 115 197

Passcode: bF9Ct2n7 or

Dial in by phone

+1 408-889-1601,,49350385# United States, San Jose

(833) 256-0505,,49350385# United States (Toll-free)

Phone conference ID: 493 503 85#

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2.11.2 Inclusion of Bid in the Contract

Each Bid will be considered commitments for which the Bidder will be held responsible in accordance with the Contract. Portions of the Successful Bidder's Bid may be attached as exhibits and incorporated into the Contract and if attached will be binding obligations of the Contractor under the Contract.

Unless incorporated into the Contract, no information included in a Bid will be binding on VTA.

2.11.3 Bid Validity Period

Each Bid will be valid for acceptance by VTA for a period of 180 days after the Bid Opening (the "Bid Validity Period"). If VTA requests an extension to the validity of a Bid beyond the Bid Validity Period, the Bidder may agree to extend the validity of its Bid beyond the Bid Validity Period, and shall provide an amended or replacement Bid Security covering the extended Bid Validity Period in accordance with Section 3.2.4(d) (Bid Validity Period), or may notify VTA that it does not accept such extension, in which case the validity of its Bid will expire at the end of the original Bid Validity Period.

2.12 Bidder Representations

By submitting a Bid, the Bidder represents that:

(a) the Bidder has carefully examined Appendix E (Form of Contract) (including…