VICTOR VALLEY TRANSIT AUTHORITY

Representing the communities of Adelanto, Apple Valley, Barstow, Hesperia, Victorville, and San Bernardino County

REQUEST FOR PROPOSAL

RFP 2026-09

LEVEL 2 ELECTRIC VEHICLE (EV) CHARGER

INSTALLATION

JUNE 23, 2026

NOTICE INVITING PROPOSALS 2026-09 EV CHARGER INSTALL

1. Purpose of the Procurement and Period of Performance

VVTA is requesting proposals from qualified contractors to provide labor and materials for the installation of Level 2 Electrical Vehicle (EV) Chargers. The resulting contract will be not to exceed 180 days.

2. Obtaining the Request for Proposal (RFP) Document

RFP documents may be obtained from VVTA, in person at 17150 Smoke Tree Street, Hesperia, CA 92345-8305, electronically at www.vvta.org/Procurement or via www.publicpurchase.com.

Documents are also available via email request to cplasting@vvta.org. RFPs requested by courier or via USPS mail shall be packaged and sent only at the Proposers’ expense.

3. Proposal Due Date and Submittal Requirements

Proposals must be received before 3:00 PM (PDT), Thursday, August 6, 2026.

3.1. Proposal packages will be accepted at the following address:

Victor Valley Transit Authority Attn: Christine Plasting, Procurement Manager 17150 Smoke Tree Street Hesperia, CA 92345-8305

(760) 995-3583

3.2. Envelopes, boxes, or electronic submissions via publicpurchase.com shall contain proposals clearly labeled with VVTA’s RFP number and the solicitation title: “VVTA RFP 2026-09 LEVEL TWO EV

CHARGER INSTALLATION.”

3.3. Proposers are to submit to VVTA either one (1) hard copy of the proposal and one (1) electronic copy via thumb/flash drive OR via www.publicpurchase.com. A proposal is deemed to be late if it is received by VVTA after the deadline stated above. Proposals received after the submission deadline shall be returned, unopened to the Proposer. It is the Proposer’s sole responsibility to ensure that the proposals are received by the date and time stated above.

4. Bonds

A Performance Bond and Payment Bond may be required by the awarded contractor after the notice of intent to award.

5. Prevailing Wage

Minimum wage rates for this project have been predetermined by the Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates as determined by the State for similar labor classifications, the Contractor and his/her subcontractors shall pay not less than the higher wage rate. In accordance with provisions of Section 1773.2 (amended 1977) of the California Labor Code copies of the prevailing rate of per diem wages as determined by the State Director of Industrial Relations and are available at the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed. Copies of the prevailing wage rates are on file with VVTA and available upon request.

This work falls under the Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) and that contractor shall supply VVTA with certified payroll documentation. The Davis-Bacon and Related Acts will apply to contractors and subcontractors performing construction, alteration, or repair with federally funded or http://www.vvta.org/Procurement http://www.publicpurchase.com/ mailto:cplasting@vvta.org assisted contracts of $2,000 or more. Under this Act, contractors shall be required to pay wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. A current copy of the Davis Bacon Wage Determinations is available upon request. Contractor shall attach a copy of the prevailing wage to the bid proposal. The award of the contract shall be conditioned upon the acceptance of the wage determination.

If the State of California prevailing Wage is higher than Davis Bacon, contractor is required to pay the higher rate.

6. Vendor Registration with the California Department of Industrial Relations

California SB 854 Compliance -VVTA will not accept a proposal from or enter the Contract with a Proposer, without proof that the Proposer and its Subcontractors are registered with the California Department of Industrial Relations (DIR) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. The Proposer shall enter DIR Registration Number on the proposal.

7. Validity of Proposals. Proposals and subsequent offers shall be valid for a period of ninety (90) days.

An award may be made without further discussion. VVTA reserves the right to withdraw or cancel this RFP at any time without prior notice and VVTA makes no representation that any contract will be awarded to a Proposer responding to this RFP.

8. Pre-Proposal Conference/Job Walk

There will be a non-mandatory Pre-proposal Conference/Job Walk on Monday, July 13, 2026, at 10:00 AM PDT. The deadline for questions is at 5:00 PM (PDT), Friday, July 24, 2026. Prospective Proposers are requested to submit questions, in writing to the Procurement Manager at cplasting@vvta.org. Responses shall be shared with all known prospective proposers by written addenda only.

The successful Proposer shall be required to comply with all applicable Equal Opportunity Laws and Regulations.

mailto:cplasting@vvta.org

VVTA RFP 2026-09 Page 4 of 24 (Rev 06/2026)

LEVEL 2 EV CHARGER INSTALLATION

TABLE OF CONTENTS

INSTRUCTIONS TO PROPOSERS ……………………………………………………

A. TIMELINE ……….…………………………………………………………………………… 5

B. PURPOSE…………………………………………….……………………………………… 5

C. BACKGROUND ………………………………….……………………..………………….. 5

D. PERIOD OF PERFORMANCE……………………………………………………………... 6

E. EXAMINATION OF DOCUMENTS………………………………………………………… 6

F. REQUEST FOR CLARIFICATION / APPROVED EQUALS…………………………… 6

G. VENDOR CONTACT..………………………………………………………………………. 6

H. ADDENDA TO RFP……………..…………………………………………………………… 7

I. EXCEPTIONS / DEVAITIONS ……..…………..………………………………………… 7

J. FORMAT OF PROPOSALS ………………………………………………………… 7

K. PROPOSAL PACKAGING REQUIREMENTS ………………………………………….. 9

L. PRE-CONTRACTUAL EXPENSES……………………………………………………… 10

M. JOINT PROPOSALS ….………………………………………………………………….. 10

N. TAXES …………………………………………..………………………………………….. 10

O. MODIFICATION OR WITHDRAWAL OF PROPOSALS ……………………………… 10

P. SUBCONTRACTORS AND ASSIGNMENTS ……………………………………………. 11

Q. PROPOSERS’S LICENSING REQUIREMENTS ……………………………………

R. PREVAILING WAGE REQUIREMENTS …………………………………………………. 12

S. RESERVED ……………………………………..………………………………………….. 13

T. PERFORMANCE AND PAYMENT BONDS …………………………………………….. 13

U. SUBSTITUTION OF SECURITIES ……………………………………………………….. 14

V. CONFIDENTIALITY AND PUBLIC RECORDS ACT …………………………………... 14

W. ACCEPTANCE / REJECTION OF PROPOSALS ….…………………………………… 16

X. SINGLE RESPONSE ……..……………………………………………………………… 16

Y. CANCELLATION OF PROCUREMENT ………………………………………………… 17

Z. AVAILABILITY OF FUNDS ……………………..………………………………………… 17

AA. VVTA’S RIGHTS ………………………………………………………………………… 17

BB. CONFLICT OF INTEREST AND CODE OF CONDUCT ……………….……………... 17

CC. EVALUATION, NEGOTIATION AND SELECTION…………………………………….. 18

ATTACHMENT A – SCOPE OF WORK

ATTACHMENT B – FEDERAL CLAUSES

ATTACHMENT C – SAMPLE CONTRACT

ATTACHMENT D – PROTEST POLICY

ATTACHMENT E – REQUIRED FORMS

ATTACHMENT F – PREVAILING WAGE REQUIREMENTS

VVTA RFP 2026-09 Page 5 of 24 (Rev 06/2026)

INSTRUCTIONS TO PROPOSERS

A. TIMELINE

Date of Request for Proposal (RFP): June 23, 2026

Agency: VICTOR VALLEY TRANSIT AUTHORITY

Address of Agency: 17150 SMOKETREE ST., HESPERIA, CA 92345-8305

Contracting Officer: Sandye Martinez, PPA, Procurement Supervisor

Telephone No: (760) 995-3563

FAX No: (760) 948-1380

Email Address: smartinez@vvta.org

Pre-Proposal Conference (Non-Mandatory)

10:00 AM PDT, Monday, July 13, 2026 at 17150 Smoke Tree Street, Hesperia, CA 92345 Room A 104

Last Day for Questions

5:00 PM PDT, Friday, July 24, 2026

Addenda and Answers to questions

2:00 PM PDT, Friday, July 30, 2026

Proposal Due Date

3:00 PM PDT, Thursday, August 6, 2026

Anticipated Award Date August 2026

B. PURPOSE

Victor Valley Transit Authority, located at 17150 Smoke Tree St, Hesperia, CA 92345, requires the provision and installation of Six (6) level 2 electric vehicle (EV) chargers along with the ability to monitor power use via meter or application/software. The EV Chargers will be located in the parking lot north of the VVTA Administration building, adjacent to VVTAs existing level 2

EV chargers. The Project will be a start to finish design-build project. VVTA does not currently have any of the designs, which will be the responsibility of the selected Proposer.

C. BACKGROUND

Victor Valley Transit Authority (VVTA) is a public transit agency and Consolidated

Transportation Services Agency (CTSA), providing bus, ADA paratransit, and vanpool service to

California’s High Desert. VVTA’s service area spans nearly 1,000 square miles, featuring service to Adelanto, Apple Valley, Barstow, Hesperia, Needles, Victorville, and unincorporated

San Bernardino County, including Daggett, Helendale, Hinkley, Lucerne Valley, Newberry

Springs, Oak Hills, Oro Grande, Phelan, Pinon Hills, Wrightwood, and Yermo. Commuter service to Fort Irwin National Training Center (NTC) and connecting service from the High

VVTA RFP 2026-09 Page 6 of 24 (Rev 06/2026)

Desert to the Inland Empire is also provided. Additional information and service alerts are available at VVTA.org and Twitter.com/VVTransit.

D. PERIOD OF PERFORMANCE

VVTA intends to award a Lump Sum contract for a period of 180 days, unless extended by mutual agreement. VVTA reserves the right to award the contract at a time other than stated in the proposed schedule.

E. EXAMINATION OF DOCUMENTS

By submitting a proposal, the Proposer represents that it has thoroughly examined and become familiar with the work required and documents included under the RFP.

F. REQUEST FOR CLARIFICATION / APPROVED EQUALS

1. Whenever any material, product or service is specified or indicated in the contract documents by brand name, trade, patent, or proprietary name or by the name of the manufacturer, the item so specified or indicated shall be deemed to be followed by the words, “Or Equal.”

2. At any time during this procurement up to the time specified in the “Proposal Schedule”

(Section A), Proposals may request, in writing, a clarification or interpretation of any aspect, or a change to any requirement of the RFP or any addendum to the RFP.

Requests may include suggested substitutes for specified items and for any brand names. Whenever a brand name is used in this solicitation it shall mean the brand name or “approved equal.” Such written requests shall be made to the Contracting Officer and may be transmitted by facsimile or via email. The Proposal making the request shall be responsible for its proper delivery to VVTA per “Contracting Officer” (Section A) on the form provided in “Request for Pre-Offer Change or Approved Equal” (Attachment E.) VVTA will not respond to oral requests. Any request for a change to any requirement of the Contract Documents must be fully supported with technical data, test results, or other pertinent information evidencing that the exception will result in a condition equal to or better than that required by the RFP, without substantial increase in cost or time requirements. Any responses to such written request shall be provided by VVTA in the form of addendum only. Only written responses provided as addendum shall be official and all other forms of communication with any officer, employee, or agent of VVTA shall not be binding on VVTA.

3. VVTA, at its sole discretion, shall determine whether the substantiating data demonstrates that an “approved equal” item(s) is equivalent in all respects to the item specified in the contract documents.

G. VENDOR CONTACT

1. All correspondence, communication and/or contact with regard to any aspect of this solicitation is authorized only with the designated Contracting Officer identified in “A.

Proposal Schedule” above, or their designated representative. Proposers and their representatives shall not make any contact with or communicate with any employees of VVTA, or its directors and consultants, other than the Contracting Officer regarding any

VVTA RFP 2026-09 Page 7 of 24 (Rev 06/2026) aspect of this solicitation or offers. Ex parte’ communications with members of VVTA’s Board of Directors or any person responsible for awarding a contract, including the Contracting Officer is prohibited under California Public Contract Code Section 20216. All communications shall be in writing and will be made public.

2. If it should appear to a prospective Proposers that the performance of the Work under the contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or Contract Documents, or that any conflict or discrepancy exists between different parts thereof or with any federal, state, local or Agency law, ordinance, rule, regulation, or other standard or requirement, then the Proposer shall submit a written request for clarification to VVTA within the time period specified above.

H. ADDENDA TO RFP

VVTA reserves the right to amend the RFP at any time. Any amendments to or interpretations of the RFP shall be described in written addendum. VVTA shall provide copies of Addendum to all prospective Proposers officially known to have received the RFP. Prospective Proposers, or their agents, shall be responsible to collect the addendum at the address provided in “Contracting Officer” (Section A. above) or receive the same otherwise. Notification of the addendum will also be emailed to all such prospective Proposers officially known to have received the RFP and to the email address provided by each prospective Proposer. Failure of any prospective Proposer to receive the notification or addendum shall not relieve the Proposer from any obligation under its Proposal as submitted or under the RFP, as clarified, interpreted, or modified. All addenda issued shall become part of the RFP. Prospective Proposers shall acknowledge the receipt of each individual addendum and all prior addenda in their Proposer (See Attachment E). Failure to acknowledge in their proposals receipt of addendum may, at VVTA’s sole option, disqualify the Proposal.

If VVTA determines that the addendum may require significant changes in the preparation of Proposals, the deadline for submitting the Proposals may be postponed by the number of days that VVTA determines will allow Proposer sufficient time to revise their Proposals.

Any new Due Date shall be included in the addendum.

I. EXCEPTIONS / DEVIATIONS

Using the Form for Proposal Deviation – Attachment E – State any exceptions to or deviations from the requirements of this RFP, segregating “technical exceptions from contractual” exceptions. Where Proposer wishes to propose alternative approaches to meet VVTA’s technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Proposer will be deemed to have accepted the contract requirements as set form in the Scope of Work.

J. FORMAT OF PROPOSALS

1. Proposals must be submitted and organized in the order listed below. The proposal shall include, at a minimum, the following:

a. Cover letter – Proposer must include a letter of introduction.

VVTA RFP 2026-09 Page 8 of 24 (Rev 06/2026)

b. Title Page

c. Table of Contents

d. Profile of Firm (History, Experience, Changes) – This section should include details regarding the proposer’s ability and experience to operate the project as specified in the RFP. The following information should be included:

I. Corporate hierarchy – i.e., President, Vice President, Corporate Officers, etc.…

II. Corporate overview of services or activities performed.

• History of firm – Include a brief history of the firm

• Founding Date (month and year)

• Firm size – staff and client base

• Firm’s vision and mission statement

III. Employment practices – policies and procedures, training, including safety training and affiliation/accreditation.

IV. Location of the office from which the work will be provided and the staff allocation at that office.

e. Identify Project team including, but not limited to:

I. Size of Project Team

II. Education, qualifications, and specific experiences in performing the work that is being solicited in this RFP.

III. Project Organization Chart.

f. Resumes of Key Personnel (if applicable)

g. Commitment that key personnel will be available throughout the contract and will not be removed without prior approval of VVTA (if applicable)

h. Proposer’s approach to accomplish the Scope of Work Requirements.

I. Description of proposer’s approach to performing services. Proposals must include a description of the services to be rendered per the scope of work including a detailed proposal.

II. Provide a work plan or description of how the work will be performed by the contractor. (e.g. – outline a proposed work plan and methodologies that will be employed to accomplish the work)

III. The name of the Project Manager / Liaison and a list of personnel to be assigned to the project and the roles and qualifications.

IV. Indicate whether or not your firm will be subcontracting portion(s) of the work.

VVTA RFP 2026-09 Page 9 of 24 (Rev 06/2026)

If so, indicate the name of the subcontractor, the portion of the work to be subcontracted, and their State of CA Contractor’s License Number (if applicable).

V. Describe your firm’s approach to resolving problems that may be encountered in the field.

i. Summary of Contracted Services

I. Proposer must identify all areas that will be subcontracted and name of the firms performing such work. List their key personnel and their qualifications.

II. Proposer must list all services, equipment, and facilities that the proposer has provided and/or operated under contract during the past five (5) years.

Include company name, address, phone number, and contact.

III. VVTA reserves the right to interview any organization and visit any of the facilities as listed as subcontractors.

j. Required Forms (See Attachment E)

1. Cost/Price Proposal – Proposers shall submit proposed pricing to provide the products/services for the work described in Attachment A – Scope of Work

k. Any other information required by this RFP or its addenda which may not be listed above.

2. Firms may include additional information, however, do NOT attach terms and conditions that conflict with the RFP, as your firms’ proposal may be deemed non-responsive.

K. PROPOSAL PACKAGING REQUREMENTS

1. Please note that all official addenda must be acknowledged. Proposer is instructed to use Attachment E – Acknowledgement of Addenda – to acknowledge all official addenda released during this solicitation.

2. Original proposal plus one (1) electronic copy OR via publicpurchase.com, must be received at the address shown in “Proposal Schedule” (Section A) before 3:00 PM (PDT) on Thursday, August 6, 2026. All labor and materials shall be furnished in strict accordance with the delivery schedule and the Contract terms and conditions. All Proposals shall be valid for a period of ninety (90) days.

3. Proposer shall submit the Cost/Price Proposal (Attachment E) with the proposal.

Prices are to be quoted including California State and Local Sales Tax (current Hesperia Sales of 7.75%) . Proposer shall pay all taxes which are legally enacted at the time Proposal is submitted and shall secure and pay for all permits and government fees, licenses, and inspections necessary for the proper execution and completion of the Contract.

VVTA RFP 2026-09 Page 10 of 24 (Rev 06/2026)

Proposals including all submittal documents and price elements shall be submitted by the due date specified, in two packages identified as “VVTA RFP 2026-09 Paratransit Vehicle Rebranding” and “VVTA RFP 2025-09 – COST/PRICE PROPOSAL.” If submitting proposals through publicpurchase.com, COST/PRICE PROPOSAL MUST BE SUBMITTED AS A

SEPARATE DOCUMENT.

4. If a Proposer is submitting their proposal electronically through publicpurchase.com, a copy of any required originals (notarized documents, bonds, etc.) must be included. The original notarized document, bid bonds, etc.... must be received by VVTA not later than 5 business days after the Proposal Due Date.

L. PRE-CONTRACTUAL EXPENSES

1. VVTA will not be liable for any pre-contractual expenses incurred by any Proposer in preparation of its Proposal. Proposer shall not include any such expenses as part of their Proposal.

2. Pre-contractual expenses are defined as expenses incurred by the Proposer in:

a. Preparing a Proposal in response to this RFP;

b. Submitting that Proposal to VVTA;

c. Negotiating with VVTA any matter related to this Proposal; and

d. Any other expenses incurred by Proposer prior to date of award, if any, of the

Agreement.

M. JOINT PROPOSALS

Where two or more firms desire to submit a single Proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture.

N. TAXES

Proposals are subject to State and Local sales taxes. However, VVTA is exempt from the payment of Federal Excise and Transportation Taxes. Firm is responsible for payment of all taxes for any goods, services, processes, and operations incidentally to or involved in the contract.

O. MODIFICATION OR WITHDRAWAL OF PROPOSALS

1. A modification of a proposal already received will be accepted by VVTA only if the modification is received prior to the proposal Due Date or is specifically requested by VVTA. All modifications shall be made in writing and executed and submitted in the same form and manner as the original proposal.

2. A Proposer may withdraw a proposal already received prior to the Proposal Due Date by submitting, in the same manner as the original proposal, to VVTA a written request for withdrawal executed by the Proposer’s authorized representative. After the Proposal Due Date, a proposal may be withdrawn only if VVTA fails to award the contract within the proposal validity period prescribed in “Due Date” or any agreed upon extension

VVTA RFP 2026-09 Page 11 of 24 (Rev 06/2026) thereof. The withdrawal of a proposal does not prejudice the right of a Proposer to submit another p roposal within the time set for receipt of proposals.

3. This provision for modification and withdrawal of proposals may not be used by a

Proposer to submit a late p roposal and, as such, will not alter VVTA’s right to reject a proposal.

P. SUBCONTRACTORS AND ASSIGNMENTS

1. Pursuant to the provisions of the California Public Contract Code Section 4104 every Proposer shall in the proposal set forth:

a. The name and location of the place of business (address) of each subcontractor who will perform work or labor or render service to the Proposer in or about the work in an amount more than one-half of one percent of the Proposer’s total proposal;

and

b. The portion of the work that will be done by each subcontractor. The Proposer shall list only one subcontractor for each portion of work as defined by the Proposer in its proposal.

c. The dollar amount of the work which will be done by each such subcontractor

2. Proposer shall complete form entitled “List of Subcontractors (Attachment E)” with the above requested information.

3. If the Proposer fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of the Proposer’s total proposal, or if the Proposer specified more than one subcontractor for the same portion of the work to be performed under the contract in excess of one-half of one percent of the Proposer’s total proposal, the Proposer agrees to perform that portion.

4. The successful Proposer shall not, without the express written consent of VVTA, either:

a. Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original proposal; or

b. Permit any subcontract to be assigned or transferred; or

c. Allow it to be performed by anyone other than the original subcontractor listed in the proposal.

d. Each Proposer shall set forth in its proposal the name and location of the place of business (address) of each subcontractor certified as a disadvantaged business enterprise who will perform work or labor or render service to the prime contractor about the performance of the contract.

e. Proposer shall not assign any interest it may have in any Agreement/Contract with

VVTA, nor shall Proposer assign any portion of the work under any such Agreement with a value in excess of one-half of one percent of Agreement price to be sub-contracted to anyone other than these subcontractors listed in the “List of

VVTA RFP 2026-09 Page 12 of 24 (Rev 06/2026)

Subcontracts,” except by prior written consent of VVTA. VVTA’s consent to any assignment shall not be deemed to relieve Proposer of its obligations to fully comply with its obligations under its Agreement with VVTA. Proposer with its own forces shall perform a minimum of ten percent (10%) (calculated as a percentage of the total cost of the project) of the work under this Agreement. Proposer shall also include in its subcontract agreements the provisions of its Agreement with VVTA including the stipulation that each subcontractor shall maintain adequate insurance coverage compatible to the insurance coverage required of the Proposer.

Q. PROPOSER’S LICENSING REQUIREMENTS

1. In conformance with the current statutory requirements of Section 7028.15 of the Business and Professions Code of the State of California, regarding submission of a proposal without a license, the Proposer shall provide as part of the proposal the license number, class (or type), and date of expiration of license.

a. Class “A” — General Engineering Contractor The principal business is in connection with fixed works requiring specialized engineering knowledge and skill. Or

b. Class “B” — General Building Contractor The principal business is in connection with any structure built, being built, or to be built, requiring in its construction the use of at least two unrelated building trades or crafts. AND

c. Class “C” — “C” Specialty contractors perform their trade using the art, experience, science, and skill necessary to satisfactorily organize, administer, construct, and complete projects under their classification, in accordance with the standards of their trade. A specialty contractor may use subcontractors to complete the incidental and supplemental work, or may use his/her own employees to do so. (Also see BPC §7058):

i. For this project, the specialized licenses shall include all applicable trades listed with the CSLB at:

http://www.cslb.ca.gov/About_Us/Library/Licensing_Classifications/

2. No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. Contractors and subcontractors must be registered for the current fiscal year.

3. This project is subject to compliance monitoring and enforcement by the Department of

Industrial Relations (DIR). Registration can be accomplished through the DIR website by using this link: http://www.dir.ca.gov/Public-Works/PublicWorks.html.

4. Failure of a Proposer to possess the required license on the Proposal date shall render the Proposal non-responsive.

R. PREVAILING WAGE REQUIREMENTS AND EMPLOYMENT OF APPRENTICES

This Project is subject to the provisions of Labor Code §1720, et seq. and regulations set http://www.cslb.ca.gov/About_Us/Library/Licensing_Classifications/ http://www.dir.ca.gov/Public-Works/PublicWorks.html

VVTA RFP 2026-09 Page 13 of 24 (Rev 06/2026) forth in Title 8 §§ 16000 et seq. of the California Code of Regulations, which govern the payment of prevailing wages on public works projects. All Proposers shall be governed by and are required to comply with these statutes and regulations in connection with the Project. Pursuant to Labor Code § 1771, the Proposer receiving award of the contract, its subcontractors of any tier shall pay not less than prevailing wage rates to all workers employed in the execution of the contract. The Director of the Department of Industrial Relations, State of California pursuant to the California Labor Code and VVTA, have determined the general prevailing rates of wages in the locality in which the work is to be performed. Copies of said rates are on fired with the Procurement Manager of VVTA, will be made available for inspection during regular business hours and are also available online at https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].

1. California SB 854 Compliance -VVTA will not accept a proposal from or enter the

Contract with a Proposer, without proof that the Proposer and its Subcontractors are registered with the California Department of Industrial Relations (DIR) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. The Proposer shall enter DIR Registration Number on the proposal.

2. Furthermore, the Proposer shall ensure that all subcontractors fully comply with the appropriate licensing requirements. The Proposer shall also certify that all information provided, and representations made in the proposal are true and correct, and made under penalty of perjury. Proposers shall also certify that all information provided, and representations made in the proposal are true and correct, and made under penalty of perjury. Proposers shall provide this information on form entitled “List of Subcontractors (Attachment E).” Failure to provide the information on the certification form or elsewhere as part of the Proposer shall render the proposal nonresponsive to this solicitation and will result in the rejection of the proposal.

This work falls under the Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) and that contractor shall supply VVTA with certified payroll documentation. The Davis-Bacon and Related Acts will apply to contractors and subcontractors performing construction, alteration, or repair with federally funded or assisted contracts $2,000 or more. Under this Act, contractors shall be required to pay wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. A current copy of the Davis Bacon Wage Determinations is available upon request.

Contractor shall attach a copy of the prevailing wage to bid proposal. The award of contract shall be conditioned upon the acceptance of the wage determination.

If State of California prevailing Wage is higher than Davis Bacon, contractor is required to pay the higher rate.

S. RESERVED

T. PERFORMANCE AND PAYMENT BOND

The awarded Proposer will be required to furnish VVTA: (1) a performance bond; and (2) a https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html

VVTA RFP 2026-09 Page 14 of 24 (Rev 06/2026) payment bond on forms furnished by California Department of Insurance (CDI) approved Surety. The penal amount of each bond shall remain equal to one hundred percent (100 %) of the contract sum. Said bonds must be satisfactory to VVTA and must be executed by a California admitted surety insurer with a policy-holder’s rating of A or higher and a financial class of VII or larger.

U. SUBSTITUTION OF SECURITIES

Pursuant to Public Contract Code 2230, the Proposer who received award of the contract may, at its sole cost and expense, substitute approved securities equivalent to any retained funds withheld by VVTA to ensure performance of the work, or, in alternative, request that VVTA make payment of retention to an escrow agent. Notwithstanding the foregoing, the Proposer shall have thirty (30) calendar days following VVTA’s Notice to Proceed to submit a written request to VVTA for substitution of securities or payment of retention to an escrow account; failure to do so shall be deemed a waiver of such right.

V. CONFIDENTIALITY AND PUBLIC RECORDS ACT

All Proposals and other material submitted become the property of VVTA and are subject to release according to the California Public Records Act (Government Code § 6250 et. seq.)

Except as otherwise required by state law, VVTA will exempt from disclosure proprietary information, trade secrets and confidential commercial and financial information submitted in the proposal. Any such proprietary information, trade secrets of confidential commercial and financial information, which a Proposer believes should be exempted from disclosure, shall be specifically identified, and marked as such. VVTA will use reasonable means to ensure that such information is safeguarded but will not be held liable for inadvertent disclosure of the information. Proposals marked “Confidential” in their entirety will not be honored. Blanket-type identification by designating whole pages or sections as containing proprietary information, trade secrets or confidential commercial and financial information will not ensure confidentiality. The specific proprietary information, trade secrets or confidential commercial and financial information must be clearly identified as such.

Proposer fully understands the scope of work/specifications and has carefully checked all words and figures inserted in said RFP and further understands that VVTA will no way be responsible for any errors or submissions in the preparation of this proposal.

1. Exclusive Property

a. Responses to this RFP become the exclusive property of VVTA and are subject to the California Public Records Act.

b. Those elements of each proposal that are trade secrets, as the term is defined in California Civil Code section 3426.1 (d) or otherwise exempt by law from disclosure and which are not prominently marked as TRADE SECRET, CONFIDENTIAL or PROPRIETARY may be subject to disclosure.

2. Disclosure of Records

a. Upon a request for records from a third party regarding this RFP, VVTA will notify in writing the party involved. The party involved must respond within twenty (20) calendar days with the identification of any and all “proprietary, trade secret, or

VVTA RFP 2026-09 Page 15 of 24 (Rev 06/2026) confidential commercial or financial” information and the party involved shall agree to indemnify VVTA for its defense costs, (Including reasonable attorney fees) associated with its refusal to produce such identified information; otherwise, the requested information may be released and VVTA shall not be held liable for complying with the records request.

b. If disclosure is deemed to be required by law or by an order of the court, VVTA shall not, in any way, be liable or responsible for the disclosure of any such records including, without limitation, those so marked.

c. Any documents that are not marked “TRADE SECRET” or “CONFIDENTIAL” or

“PROPRIETARY,” will be made available.

3. Exemption from Disclosure May be Deemed Unresponsive

a. VVTA will take into consideration documents that the Proposer deems exempt from disclosure which must be marked “TRADE SECRET” or “CONFIDENTIAL” or

“PROPRIETARY.”

b. Proposers who indiscriminately identify all or most of their proposals as exempt from disclosure without justification may be deemed non-responsive.

4. Indemnification of VVTA by Proposer

a. The Proposer agrees to indemnify, hold harmless and defend VVTA and each of its board members, officers, officials, employees and agents from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of a Public Records Act request for any of the contents of a proposal labeled as protected information and identified as, among other things, “TRADE SECRET” or “CONFIDENTIAL” or “PROPRIETARY.” This obligation shall survive the RFP process, including the awarding of the Contract

b. Proposer agrees to absorb all costs and expenses, including attorneys’’ fees, in any action or liability arising under the California Public Records Act pertaining to protected information contained and labeled as such in the Proposer’s proposal.

5. Public Interest

a. The public interest exemption of the California Public Records Act provides that an agency may withhold the disclosure of a record by showing that the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.

b. To protect the integrity of the proposal process, in most instances, price proposals and information regarding the contents of a proposal, will not be released or made available to other Proposers or the public until contract award is made by VVTA’s Board of Directors and after the conclusion of any protest.

c. VVTA shall employ sound business practices no less diligent than those used for

VVTA RFP 2026-09 Page 16 of 24 (Rev 06/2026)

VVTA’s own confidential information to protect the confidence of all licensed technology, software, documentation, drawings, schematics, manuals, data and other information and material provided by Proposers and the Contractor pursuant to the Contract which contain confidential commercial or financial information, trade secrets or proprietary information as defined in or pursuant to the state law against disclosure of such information and material to third parties except as permitted by the Contract.

The Contractor shall be responsible for ensuring that confidential commercial or financial information, trade secrets or proprietary information, with such determinations to be made by VVTA in its sole discretion, bears appropriate notices relating to its confidential character.

W. ACCEPTANCE/REJECTION OF PROPOSALS

1. VVTA reserves the right to reject any or all proposals for sound business reasons, to undertake contract negotiations with one or more Proposers, and to accept that proposal, which in its judgment, will be most advantageous to VVTA, price and other evaluation criteria considered. VVTA reserves the right to consider any specific proposal, which is conditional or not prepared in accordance with the instructions and requirements of this RFP to be non- responsive. VVTA reserves the right to waive any defects, or minor informalities or irregularities in any proposal which do not materially affect the proposal or prejudice other proposals.

2. If there is any evidence indicating that two or more Proposers are in collusion to restrict competition or otherwise engaged in anti-competitive practices, the proposals of all such Proposers shall be rejected, and such evidence may be a cause for disqualification of the participants in any future solicitations undertaken by VVTA.

3. VVTA reserves the right to reject a proposal that includes unacceptable conditions, exceptions, and deviations.

X. SINGLE PROPOSAL RESPONSE

If only one proposal is received in response to this RFP and it is found by VVTA to be acceptable, a detailed price/cost proposal may be requested of the single Proposer. A price or cost analysis, or both, possibly including an audit, may be performed by or for VVTA of the detailed price/cost proposal to determine if the price is fair and reasonable.

The Proposer has agreed to such analysis by submitting a proposal in response to this RFP. A price analysis is an evaluation of a proposed price that does not involve an in-depth evaluation of all the separate cost elements and the profit factors that comprise a Proposer’s price proposal. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity, involving similar specifications and in a similar time frame.

Where a difference exists, a detailed analysis must be made of this difference and costs attached thereto. Where it is impossible to obtain a valid price analysis, it may be necessary to conduct a cost analysis of the proposed price. A cost analysis is a more detailed evaluation of the cost elements in the Proposer’s Offer to perform. It is conducted to form an opinion as to the degree to which the proposed costs represent what the Proposer’s performance should cost. A cost analysis is generally conducted to determine whether the Proposer is applying sound management in proposing the application of resources to the contracted effort and whether costs are allowable, VVTA RFP 2026-09 Page 17 of 24 (Rev 06/2026) allocable, and reasonable. Any such analyses and the results therefrom shall not obligate VVTA to accept such a single proposal; and VVTA may reject such proposal at its sole discretion.

Y. CANCELLATION OF PROCUREMENT

VVTA reserves the right to cancel the procurement, for any reason, at any time before the Contract is fully executed and approved on behalf of VVTA.

Z. AVAILABILITY OF FUNDS

This procurement is subject to the availability of funding. VVTA’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of VVTA for any payment shall arise until funds are made available to the Contracting Officer for this contract and until the Contracting Officer receives notice of such availability, by issuance of a written Notice to Proceed by the Contracting Officer. Any award of Contract hereunder is conditioned upon said availability of funds for the Contract.

AA. VVTA’S RIGHTS

1. Each proposal will be received with the understanding that acceptance by VVTA of the proposal to provide services described herein shall constitute a contract between the Proposer and VVTA which shall bind the Proposer on its part to furnish and deliver at the prices given and in accordance with conditions of said accepted proposal and specifications.

2. VVTA reserves the right, in its sole discretion to:

a. Accept or reject all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals.

b. Withdraw or cancel this RFP at any time without prior notice. VVTA makes no representations that any contract will be awarded to any Proposer responding to this RFP.

c. Issue a new RFP for the project.

d. To postpone the proposal opening for its own convenience.

e. Investigate the qualifications of any proposal, and/or require additional evidence or qualifications to perform the work.

BB. CONFLICT OF INTEREST AND CODE OF CONDUCT

1. POLICY OVERVIEW

Federal regulations require VVTA to prevent conflicts of interest in contract awards.

VVTA also seeks to avoid any appearance of conflicts of interest. VVTA personnel and Contractors are expected to avoid conflicts of interest or appearances thereof

VVTA RFP 2026-09 Page 18 of 24 (Rev 06/2026) and actions which could result in favoritism or appearances thereof.

2. GUIDELINES FOR CONTRACTOR RELATIONSHIPS

To avoid conflict whether real or apparent, the following shall apply to employees of any Contractor providing services to VVTA.

No Contract Management personnel or support staff shall:

(a) Make recommendations or be involved in preparation of specifications for any contracts for which that Contract personnel may propose.

(b) Be involved in any aspect of evaluation, selection, or award of a contract for which that Contract personnel may propose.

(c ) Be involved in any aspect of contract administration of a contract or subcontract which has been awarded to Contract personnel.

CC. EVALUATION, NEGOTIATION AND SELECTION

The basis of award of the resulting contract shall be to the responsible and responsive Proposer whose proposal scores the highest based on the criteria listed below.

1. OPENING OF PROPOSALS

Proposal will be reviewed and evaluated in accordance with the criteria and procedures described in this document. Proposers determined to be within a competitive range and that have a reasonable chance of receiving a contract may be contacted to schedule a meeting with VVTA to carry out further negotiations and discussions. VVTA reserves the right to award to a proposer without further discussions or negotiations, or it may determine that no proposer meets the needs of VVTA.

2. EVALUATION TEAM

An evaluation team will be assembled by the VVTA Executive Director or designee.

The team will be made up of staff of VVTA and may include representatives of other nearby government agencies affected by this procurement.

3. PROPOSAL SELECTION PROCESS

a. The following describes the process by which proposals will be evaluated and a selection made for a potential award. Upon receipt of the proposals, copies will be distributed to the evaluation team members, together with scoring sheets, which include the evaluation criteria, and the points assigned to each category.

b. Each team member will review the Proposers’ submittals and in conjunction with the criteria contained in Section Y.5., below. All Proposals shall be evaluated and ranked for the purpose of determining the competitive range and to select a proposal determined to be the most advantageous to VVTA.

VVTA RFP 2026-09 Page 19 of 24 (Rev 06/2026)

c. Proposals that do not comply with the instructions contained in these RFP documents and do not include the required information shall be rejected as non-responsive and shall not be considered for the competitive range. VVTA reserves the right to waive technical defects, discrepancies, and minor irregularities in an RFP and/or submitted proposal(s). VVTA reserves the right to award any alternatives set forth in the solicitation documents in its sole discretion. Submitted proposals may be rejected if there is any alteration of the RFP forms, additions not called for, conditional proposals, incomplete proposals, or irregularities of any kind. VVTA reserves the right to reject any proposal not in compliance with the solicitation documents or prescribed public contracting procedures and requirements. Written notice of rejection of all submitted proposals shall be sent to all Proposers. ALL

UNSIGNED PROPOSALS SHALL BE REJECTED.

d. Submittal of a proposal shall mean that the Proposer has accepted the VVTA

Contract Documents in their entirety without exception.

e. When the individual members of the evaluation teams have completed their evaluations, the entire team will meet to discuss and review the proposals.

Once the discussions have been completed, members will have an opportunity to revise their scores independently. A final consensus meeting shall be held to confirm the most technically qualified and best value proposal submitted for award. The VVTA Contracting Officer, or designee, shall serve as Chairman of the Evaluation Committee.

f. Proposals that have been determined not to be in the competitive range and cannot be reasonably made to be within the competitive range, will be notified in writing, that they are no longer under consideration.

4. QUALIFICATION REQUIREMENTS

a. The Proposers, whose proposals have been determined by the evaluation process to be in the competitive range, will be notified and scheduled to meet with VVTA for further discussions, clarifications, and negotiations. Any Proposal deviations submitted by the Proposer will be discussed as part of the negotiations process. However, VVTA at its discretion may in its best interest, reject any and all such conditions, exceptions, and deviations. Any proposal which fails to comply with the VVTA instructions and requirements listed in the solicitation documents shall be deemed non-responsive and their proposal shall be rejected.

b. As part of the negotiation process, VVTA reserves the right to conduct factory visits to inspect the Proposer’s facilities. VVTA shall also have the right to contact other party with whom the Proposer has experience with this type of request, and other relevant references which the Proposer has listed.

c. At the conclusion of the discussion and negotiation processes, each of the

Proposers still determined by VVTA to be within the competitive range will be afforded the opportunity to submit a revised proposal with a clear understanding that VVTA will then choose that proposal, which it finds to be

VVTA RFP 2026-09 Page 20 of 24 (Rev 06/2026) most advantageous based upon the evaluation criteria and final scoring.

The results of the evaluations and the selection of a proposal for any award will be documented in a report to the final acquisition approval authority within VVTA.

5. PROPOSAL EVALUATION CRITERIA AND SCORING

a. Listed below is the point scale system by which proposals from responsible

Proposers will be evaluated and ranked for the purpose of determining any competitive range and to make any selection of a proposal for a potential award.

EVALUATION CRITERIA MAXIMUM POINTS

RESPONSIVENESS – All documents have been received as requested, prior to the due date.

PASS/FAIL

RESPONSIBILITY – All requested documents include the required signatures and, if needed, required notary review, signature, and stamp. All financial documents received represent that the Proposer has the financial capacity to perform this project.

PASS/FAIL

1. EXPERIENCE AND QUALIFICATIONS:

Proposer’s experience with similar projects as explained in Attachment A – SCOPE OF WORK

Quality of Proposed Staff

Demonstrated Technical Ability and Resources

2. PROPOSAL:

Demonstrates understanding of the work to be done.

3. LOCAL BUSINESS PREFERENCE: Businesses who are licensed within the City of Hesperia, City of Barstow, City of Adelanto, City of Victorville, Town of Apple Valley, and unincorporated areas of San Bernardino County that are within VVTA’s service area. A business license must be included in the Proposal in order to be considered for preference.

4. REFERENCES – References provided in Attachment E will be contacted.