VICTOR VALLEY TRANSIT AUTHORITY Request for Proposal RFP # 2014-02

Security Services for Victor Valley Transportation Center and Hesperia Park and Ride Lot (March 17, 2014)

The Victor Valley Transit Authority desires the procurement of a Contractor to provide non armed security guard services for VVTA. Security guard service is required for the Victor Valley Transportation Center located on D and 6th Street in Victorville (M-F 6:00AM to 9:00PM; Sat 7:00AM to 8:00PM; Sunday 8:00AM to 6:00PM); and at the Hesperia Park & Ride lots located at Joshua and Route 395 (M-F 6:00AM to 9:00PM).

A. SCOPE OF WORK – Park and Ride Lot Hesperia 1. Contractor shall make random rounds on foot throughout all parking areas. A minimum of one trip per hour is required. Documentation is required in reports; use of confirmation method is required. 2. Contractor staff shall provide high visibility as a crime deterrent. 3. Contractor shall prepare and submit by the 8th day of the following month a monthly report of activities, incidents, issues etc. in a format acceptable to VVTA. 4. Contractor shall report to VVTA immediately any incident requiring police / fire involvement.

B. SCOPE OF WORK - Victor Valley Transportation Center The Victor Valley Transportation Center is a 4.88 acre site located on D Street at 6th Street in Victorville includes a 5,720 square foot building, a bus boarding/alighting area, a park and ride lot, and a Greyhound ticket office. The parking area holds 170 vehicles. The bus boarding and alighting area accommodates approximately 17 Greyhound buses per day, one Amtrak bus, an occasional Super Shuttle drop off from local prisons, and VVTA bus routes which will stop at the center up to 16 times per day each between approximately 6:00 AM and 9:00 PM Monday through Friday and 7:00 am and 8:00 pm Saturdays and 8:00 am to 6:00 pm Sundays. There are also 10 outdoor bicycle lockers. 1. Contractor shall make random rounds on foot throughout all parking areas. A minimum of one trip per hour is required. Documentation is required in reports; use of confirmation method is required. 2. Contractor shall meet all VVTA buses arriving at the Victor Valley Transportation Center. 3. Contractor staff shall answer the public’s questions regarding VVTA bus service and schedules (VVTA will provide one-time training). 4. Greyhound is the major tenant of the Transportation Center. 5. The main door by the restrooms shall be unlocked by Greyhound. During these hours the only persons that are permitted to use the restrooms will be VVTA and Greyhound passengers with a valid pass or ticket as well as those visiting from the City

of Victorville or VVTA. The Contractor shall enforce this rule unless otherwise directed in writing by VVTA management. The only persons allowed to use the restrooms after Greyhound business hours or at other times when the Greyhound office may be closed will be VVTA and Greyhound drivers and VVTA and Greyhound passengers with a valid pass or ticket. 5. VVTA will provide an office within the Transportation Center.

a. The contractor is responsible to keep the office clean & neat. Failure to do so jeopardizes the contract. b. At termination of the contract the Contractor shall return the office to VVTA in the same condition as received excepting normal wear and tear. VVTA will withhold the final payment pending office inspection. i. Contractor shall bear the expense to return the office to VVTA in acceptable condition. 6. VVTA shall provide telephone service to this office. a. The Contractor shall monitor the surveillance system including the functionality of the cameras and computer. b. Contractor shall notify VVTA of any malfunctions of the security system within 15 minutes of any occurrence. Failure to do so jeopardizes the contract. 7. The Contractor is required to review and copy footage of incidents upon request by VVTA or San Bernardino County Sheriff’s Department. a. Contractor shall make certain equipment is recording properly and reset recorder if needed. Failure to do so jeopardizes the contract. 8. Contractor shall prepare and submit by the 8th day of the following month a monthly report of activities, incidents, issues etc.; this report to be in a format acceptable to VVTA. 9. Contractor shall report to VVTA immediately any incident requiring police EMS involvement. 10. The computer (CPU) shall be used only for security monitoring purposes only.

a. Unauthorized use of computer (CPU) by Contractor will result in a $50.00 Liquidated Damages assessment against the Contractor per occurrence. i. This includes using the computer (CPU) for playing games, personal use, or any other unauthorized use. ii. Multiple occurrences of computer misuse jeopardizes the contract.

C. Holidays VVTA does not provide bus service and does not require security services on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

D. MANPOWER VVTA expects the proposer to supply reliable, bonded, and well trained personnel. VVTA will provide training on VVTA bus information. VVTA will not accept casual labor. VVTA requires minimal turnover in personnel assigned to this site. Contractor shall provide to VVTA a monthly

report of personnel working on this project with hours and shifts worked. In addition, a monthly report of any changes in on site personnel shall also be supplied to VVTA. These reports must be provided to VVTA by the 8th day of each following month for the entire term of the contract .

E. TERM OF AGREEMENT The base contract will be for three (3) years with a provision for two (2) one (1) year options.

The base contract will run from July 1, 2014 through June 30, 2017.

F. PRICING The Contractor will provide a cost per hour quote for the guard services by year as well as detailed costs for management, overhead, and profit. Price Sheet “Attachment B” must be completed for all years including the base contract years and the possible two one-year options.

G. PROPOSAL INFORMATION 1. VVTA reserves the right to reject any and all proposals, and to postpone the times at which proposals must be received and will be opened, and to amend the specifications. Prompt notice of such postponements or amendments shall be given by VVTA to all prospective proposers who have received copies of the specifications. If the specifications are amended, any proposer from whom a proposal has been received prior to such notice will be entitled to withdraw and resubmit its proposal. 2. Questions must be submitted by email or fax by 5:00 pm Wednesday, April 9, 2014 and shall be answered in addendum #1 by Friday, April 18, 2014. Questions must be submitted to Debi Lorrah at [email protected] or by fax to 760.948.1380. 3. VVTA will award the contract to the most responsive and responsible proposer. In determining such VVTA will consider the financial capacity of the proposer’s experience with similar projects in scope and size, references, etc. 4. Proposers must furnish VVTA a list of references who are or within the past year have been customers of the proposer and who use the proposer for a similar service. The list shall include the following: a. Name of Customer b. Name of Purchasing Manager c. Complete Address of Operation d. Telephone Number 5. Proposals will be received at Victor Valley Transit Authority (VVTA) 17150 Smoketree Street, Hesperia, CA 92345 on the date and time specified on the Request for Proposals (RFP). All proposals received will be publicly opened, read, and witnessed at that time. No proposal may be withdrawn after they are opened. VVTA may reject any and all proposals. 6. Proposals must remain in effect 120 days from proposal opening. Conditional proposals, or those that take exception to the specifications, may be rejected. Proposals must be submitted on from(s) provided. Proposals submitted in any other form may be considered non-responsive and may be rejected.

7. Hand-carried proposals must be deposited at Victor Valley Transit Authority (VVTA) 17150 Smoketree Street, Hesperia, CA 92345. Fax proposals will not be accepted.

8. Any proposal that does not include a signed confirmation of receipt for all addenda will be deemed non responsive and will eliminate the proposer from further consideration. 9. VVTA is not responsible for any typos, mistakes, or incorrect information provided in the Request for Proposal (RFP) document.

H. AWARD OR REJECTION Victor Valley Transit Authority (VVTA) reserves the right to accept any proposal or to reject any or all proposals, or to award the contract pursuant what Victor Valley Transit Authority (VVTA) deems to be in its best interest.

I. SUBMISSION OF PROPOSALS Sealed proposals will be received by VVTA at 17150 Smoketree St., Hesperia, CA 92345 until 11:00 am., Wednesday, May 14, 2014. All proposals, either mailed or walked in will be received at 17150 Smoketree Street, Hesperia, CA 92345. The envelope should be marked on the outside “Security Services RFP #2014-02.” Proposers are required to submit ONE ORIGINAL. No additional copies are required. The responsibility for submitting the proposal including technical and pricing; and other documents called for in this document on or before the stated times and dates is solely and strictly that of the proposer. Victor Valley Transit Authority (VVTA) will in no way be responsible for delays in the delivery of the mail or delays caused by any other occurrence

J. POSTPONEMENT FOR PRESENTING AND OPENING PROPOSALS Victor Valley Transit Authority (VVTA) reserves the right to postpone the date of release and opening of proposals, and will give ample notice of such postponement to each prospective proposer.

K. PROJECTED SECURITY SERVICE HOURS VVTA projects approximately 9,000 yearly hours.

L. DBE Goal While there is no specific DBE goal for this procurement, VVTA takes into consideration all DBE firms and encourages DBE firms to apply. On “Attachment C” list if your firm is a FTA certified DBE and/or identify all certified DBE vendors your firm plans to use to assist VVTA.

M. INSURANCE AND INDEMNIFICATION It is agreed for all purposes hereunder, the Contractor is an independent contractor and is not with respect to acts and omissions to be deemed an agent or employee of the Victor Valley Transit Authority. The Contractor agrees to indemnify, hold harmless and defend the Victor Valley Transit Authority and their respective officers, agents and employees from and against liability for any and all claims, liens, suits, demands, and/or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorney fees and other reasonable costs arising out of or resulting from Contractor’s work and/or activities conducted in connection with or incidental to this contract

and from any liability arising out of or resulting from the intentional acts or negligence, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Contractor, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons. It is the expressed intention of the parties hereto, the Victor Valley Transit Authority and the Contractor, that the indemnity provided for in this contract is indemnity by the Contractor to indemnify and protect the Victor Valley Transit Authority. from the consequences of the Victor Valley Transit Authority, and individual and/or joint and several liability/negligence while Victor Valley Transit Authority, are participating in this contract where that negligence is a concurring cause of injury, death, or damage. Furthermore, the indemnity provided for in this contract shall have no application to any claim, loss, damage, cause of action, suit, and liability where the injury, death, or damage results from the sole negligence, individually or jointly, of the Victor Valley Transit Authority, unmixed with the fault of any other person or entity. The Contractor further agrees that he or she shall at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licensees, invitees and other persons, as well as their property, while in the vicinity where the work is being done. It is expressly understood and agreed that the Victor Valley Transit Authority shall not be liable or responsible for the negligence of the Contractor, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons. Further, Victor Valley Transit Authority, assumes no responsibility or liability for harm, injury or any damaging events which are directly or indirectly attributable to the Contractor’s work which may now exist or which may hereafter arise upon the premises, responsibility for any and all such defects being expressly assumed by the Contractor. The Contractor understands and agrees that this indemnity provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such premise defects or conditions, including but not limited to any such claim asserted by or on behalf of the Contractor, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons. It is further agreed with respect to the above indemnity, that Victor Valley Transit Authority and Contractor will provide other prompt and timely notice of any event covered which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Contractor or the Victor Valley Transit Authority shall have the right to compromise and defend the same to the extent of its own interest. It is further agreed that this indemnity provision shall be considered as an additional remedy for the Victor Valley Transit Authority not an exclusive remedy. Venue for any cause of legal action arising under this contract shall be San Bernardino County, California. The Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under here by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile

Liability, Code I (any auto). 3. Workers’ Compensation insurance as required by the State of California and Employers Liability Insurance. 4. Course of Construction insurance form providing coverage for “all risks” of loss. Minimum Limits of Insurance: Contractor shall maintain limits no less than: a. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limits shall be twice the required occurrence limit. (i.e. $2,000,000) b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. C. Employer’s Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the Victor Valley Transit Authority. At the option of the Victor Valley Transit Authority, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions that pertains to the Victor Valley Transit Authority, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The Victor Valley Transit Authority and their respective officers, officials, employees, agents and volunteers are to be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Victor Valley Transit Authority and their respective officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Victor Valley Transit Authority and their respective officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the Victor Valley Transit Authority and their respective officers, officials, employees, agents or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Victor Valley Transit Authority and their respective officers, officials, employees, agents or volunteers. 4. The Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. Contractor shall provide VVTA with a certificate(s) of insurance within one week of award of the contract and within one week of each anniversary date and option year if so awarded. 6. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, has been given to the Victor Valley Transit Authority. Course of construction policies shall contain the following provisions:

a. Victor Valley Transit Authority shall be named as loss payee. b. The insurer shall waive all rights of subrogation against the Victor Valley Transit Authority, Acceptability of Insurers: Insurance is to be placed with insurers that have a current AM. Best’s rating of no less than A: VII. Verification of Coverage: Contractor shall furnish the Victor Valley Transit Authority with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Victor Valley Transit Authority before work commences. Alternatively, the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Subcontractors: The Contractor shall include all subcontractors as insured’s under the policies, or shall furnish separate certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the requirements stated herein. N. PROVISIONS The Contract to be entered into between VVTA and successful contractor shall include all provisions set forth in Attachment “A” as well as the provisions of this RFP. All Federal Terms are included by reference. Any contract shall incorporate the provisions of this RFP. O. ERRORS AND OMISSIONS The Proposer and/or the Contractor shall not be allowed to take advantage of any error in or omission from this RFP. Full instructions will be given if such error or omission is discovered and called to the attention of VVTA in a timely manner. P. REPORTS Contractor shall prepare and submit by the 8th day of the following month a monthly report of activities, incidents, issues etc.; this report to be in a format acceptable to VVTA. Contractor shall report to VVTA immediately any incident requiring police / fire involvement Q. CONTRACTOR RECORDS Contactor shall make available to VVTA all records and financials as requested. These shall include but not be limited to payroll, attendance sheets, financials, etc. R. EXCEPTIONS TO TERMS AND CONDITIONS Proposers should include in their proposals any exceptions to the terms of this RFP. If no exceptions are stated, it will be understood that all terms will be complied with. ANY EXCEPTION MAY BE CONSIDERED NON-RESPONSIVE AND MAY BE THE BASIS FOR REJECTION OF THE PROPOSAL.

Attachment A SEC.1 NO FEDERAL GOVERNMENT OBLIGATIONS (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. SEC. 2 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq.; 49 CFR Part 3118 U.S.C. 1001; 49 U.S.C. 5307 (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. AA3801 et seq and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. A5307, the Government reserves the right to impose the penalties of 18 U.S.C. Al 001 and 49 U.S.C. A5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. .

SEC. 3 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS and Conditions FTA Circular 4220.10 Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.101 dated May 1, 1995, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any VVTA requests which would cause VVTA to be in violation of the FTA terms and conditions. SEC. 4 INTERESTS OF MEMBERS OF, OR DELEGATES TO, CONGRESS In accordance with 18 U.S.C. Section 43.1, no member of, or delegate to, the Congress of the United States shall be admitted to any share or part of the Contract or to any benefit arising therefrom. -

SEC. 5 CONFLICT OF INTEREST A. No employee or Board Member of WTA shall participate in the selection of the contractor, or in the award or administration of the Contract, if conflict of interest real or apparent, would be involved. Such a conflict is determined in accordance with the Conflict of Interest Code adopted by the VVTA Board of Directors. B. VVTA’s employees and Board Members shall neither solicit, demand nor accept from any person anything of a pecuniary value for or because of any action taken or to be taken, in the performance of their duties.

SEC. 6 ORGANIZATIONAL CONFLICT OF INTEREST Prior to entering into this contract, the Contractor inform VVTA of any real or apparent organizational conflict of interest. Such organizational conflict of interest exists when the nature of the work to be performed under a contract may, without some restriction on future activities, result in an unfair competitive advantage to the contract, or may impact the contractor’s objectivity in performing the contract work.

SEC. 7 LOBBYING As a recipient of Federal funds VVTA certify compliance with the influencing restriction and efforts of Contractors to influence Federal officials regarding specific procurements in excess of $100,000 that must be disclosed pursuant to Section 1352, Title 31, U.S. Code. Disclosure of these restrictions or indication of compliance must be indicated by the Contractor. A covered contractor will be required to complete and submit to VVTA the certification form entitled “Certification of Restriction on Lobbying” whether or not any lobbying efforts took place. If the Contractor did engage in lobbying activities, then 0MB Standard Form LLL “disclosure of

Lobbying Activities” must also be completed and submitted to VVTA. All forms must be completed and submitted to VVTA prior to contract execution. SEC. 8 FALSE OR FRAUDULENT STATEMENTS AND CLAIMS By executing this Contract the Contractor acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose penalties under the Program Fraud Civil Remedies Act of 1986. SEC. 9 DEBARMENT SUSPENSION STATUS The Contractor shall provide VVTA with a certification addressing its debarment and

suspension status and that of its principals. During the term of the Contract, the Contractor shall inform VVTA of any change in the suspension or debarment status of the Contractor or its principals within ten days after such change occurs. SEC. 10 EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall comply with the equal opportunity provisions of the Civil Rights Act of 1g64, as amended, Executive Orders Numbers 11375 and 11246 as amended as supplemented in the Department of Labor Regulations 41 C.F.R. Part 60 and of the rules, regulations, and relevant orders of the Secretary of Labor in connection with the performance of the Contract, the Contractor shall comply with all of the clauses set forth in 41 C. F. R. 60-1.4(b) as if such clauses were set forth in their entirety in this Contract. The Contractor agrees that it will also include such clauses in each nonexempt subcontract. In addition, if appropriate, the contractor agrees to comply with the clauses set forth in 41 C.F.R. 60-4 as if such clauses were set forth in their entirety in this Contract. SEC. 11 DISADVANTAGED BUSINESS ENTERPRISE (DBE) A Federal Fiscal Year 2011 goal of 6.7% has been set by VVTA in an attempt to match projected procurements with available qualified disadvantaged businesses. VVTA goals for budgeted service contracts, construction, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by VVTA as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE’s in the work provided, (name of grantee) may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. A. It is the policy of VVTA that DBEs as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under the Contract. Consequently, the DBE requirements of 49 C.F.R. Part 23 applies to the Contract. SEC. 12 GUARANTY AND BONDS None required SEC. 13 RIGHTS IN DATA AND COPYRIGHTS The Contractor agrees that the use of any data produced or delivered under the terms of this Contract including, but not limited to, engineering drawings and associated lists, specifications, process sheets and technical reports, shall be governed by the provisions of 49 C.F.R. 18.34. In addition, the Contractor agrees that it will not publish such data without the written consent of VVTA and, if appropriate, the Federal Government. SEC. 14 PATENT RIGHTS The Contractor agrees that if any invention, improvement, or discovery is conceived of or first actually reduced to practice in the course of or under the Contract, and that invention, improvement, or discovery is patentable under the laws of the United States

or any foreign country, the rights and responsibilities of the Contractor pertaining to that invention, improvement or discovery will be determined in accordance with applicable Federal laws and regulations, including any waiver thereof. SEC. 15 LIQUIDATED DAMAGES No liquidated damages provision for this procurement. SEC. 16 PROGRESS PAYMENTS At its sole discretion, VVTA may determine that it is appropriate to make progress payments for completed portions of work under this Contract and/or for materials delivered for work under this Contract and which materials are considered subject to the control of VVTA. If progress payments are used, VVTA will obtain title to the materials and/or work in progress for which progress payments are made. SEC. 17 COMPLIANCE WITH LAWS AND PERMITS The Contractor shall give all notices and comply with all existing and future federal, state, and local laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the Contract, including, but not limited to, the laws referred to in these provisions of the Contract and in the other contract documents. If the Contract documents are at variance therewith in any respect, any necessary changes shall be incorporated by appropriate modification. Upon request, the Contractor shall furnish to VVTA Executive Director certificates of compliance with all such laws, orders, and regulations. SEC. 18 AUDIT AND INSPECTION OF RECORDS The Contractor agrees that VVTA, the Comptroller General of the United States, and the Secretary of Transportation, or any of their duly authorized representatives, shall, for the purpose of audit and examination, be permitted to inspect all work, materials, payrolls, and other data and records, and to audit the books, records, and accounts relating to the performance of the Contract. Further, the Contractor agrees to maintain all required records for at least three (3) years after VVTA has made final payment and all other pending matters are closed. SEC. 19 DISPUTES A. Any dispute between the Contractor and VVTA relating to the implementation or administration of the Contract shall be resolved in accordance with this Section. B. The parties shall first attempt to resolve the dispute informally in meetings or communications between the Contractor and the VVTA Executive Director. If the dispute remains unresolved 15 days after it first arises, the Contractor may request that the VVTA Executive Director, or the VVTA Executive Director may choose to issue a decision on the matter in dispute. The VVTA Executive Director shall issue the decision in writing and provide a copy to the Contractor. C. The decision of the VVTA Executive Director shall become final unless, within 7 days of receipt of such decision, the Contractor submits a written request for review to the VVTA Board of Directors. In connection with any such review, the Contractor and the VVTA Executive Director shall be afforded an opportunity to be heard and to offer evidence on the issues presented. If the dispute remains unresolved after review by the VVTA Board, either party may seek judicial resolution of the dispute in an appropriate

Court of the State of California. D. Pending final resolution of a dispute under this Section, the Contractor shall proceed diligently with performance in accordance with the Contract and the VVTA Executive Director’s recommended decision. The previous sentence not withstanding, in the event that VVTA Board of Directors terminates the Contract because of Contractor default under the provisions of Section 21, the Contractor shall have no right to provide services following date of termination. SEC. 20 CANCELLATION OF CONTRACT In any of the following cases, VVTA shall have the right to cancel the Contract without expense to VVTA (1) the Contractor is guilty of misrepresentation; (2) the Contract is obtained by fraud, collusion, conspiracy, or other unlawful means; or (3) the Contract conflicts with any statutory or constitutional provision of the State of California or the United States. This Section shall not be construed to limit VVTA’s right to terminate the Contract for convenience or default, as provided in Sections 20 and 22, respectively. SEC. 21 TERMINATION FOR CONVENIENCE The performance of work under the Contract may be terminated by VVTA in accordance with this Section in whole, or from time to time in part, whenever VVTA determines, upon recommendation of the VVTA RFP, that such termination is in the best interest of VVTA. Any such termination shall be effected by delivery to the Contractor a notice of termination specifying the extent to which performance of work under the Contract is terminated and the date upon which such termination becomes effective. Upon receipt of a notice of termination, and except as otherwise directed by the VVTA RFP, the Contractor shall (1) stop work under the Contract on the date and to the extent specified in the notice of termination; (2) place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the Contract as is not terminated; (3) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; (4) assign to the VVTA in the manner, at the times, and to the extent directed by the VVTA RFP, all of the rights title and interest of the Contractor under the orders and subcontracts so terminated; (5) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of VVTA, to the extent the VVTA RFP may require, which approval or ratification shall be final for all the purposes of this Section; (6) transfer title to VVTA and deliver in the manner, at the times, and to the extent, if any, directed by the VVTA RFP, supplies, equipment, and other material produced as a part of, or acquired in connection with the performance of, the work terminated, and any information and other property which, if the Contract had been completed, would have been required to be furnished to VVTA; (7) complete any such part of the work as shall not have been terminated by the notice of termination; and (8) take such action as may necessary, or as the VVTA RFP may direct, for the protection and preservation of the property related to the Contract which is in the possession of the Contractor and in which VVTA has or may acquire an interest. Payments by VVTA to the Contractor shall be made within 30 days of the date of termination. Except as otherwise provided, settlement of claims by the Contractor under this termination Section shall be in accordance with the provisions set forth in 48 C.F.R. Part 49, as amended from time to time. SEC. 22 TERMINATION BY MUTUAL AGREEMENT ,

The Contract may be terminated by mutual agreement of the parties. Such termination shall be effective in accordance with a written agreement by the parties. Any other act

of termination shall be in accordance with the termination by convenience or default provisions contained in Sections 19 and 21. SEC. 23 TERMINATION FOR DEFAULT A. Subject to the provisions of subsection C of this Section, VVTA may terminate the whole or any part of the Contract in any one of the following circumstances: (1) If the Contractor fails to provide the goods or services in the manner required by the Contract; (2) If the Contractor fails to perform any of the provisions of the Contract in accordance with its terms; or (3) If the Contractor fails to make progress in the completion of the work under the Contract so as to endanger such performance. B. In the event that VVTA terminates the Contract in whole or in part as provided in Subsection A of this Section, VVTA may procure, upon such terms and in such manner as the VVTA Executive Director may deem appropriate, supplies or services similar to those so terminated. The Contractor shall be liable to VVTA for costs associated with the termination of the Contract, the procurement of replacement services by VVTA any excess costs of such similar supplies or services, and any increase in the total Contract cost as a result of the re-procurement of services from the date of termination to the expiration date of the original Contract. The Contractor shall continue the performance of the Contract to the extent not terminated under the provisions of this Section. Any disputes arising under this Section that cannot be resolved by the Contractor and VVTA are subject to resolution pursuant to Section 17. C. If VVTA determines that an event of default under this Section has occurred, it shall immediately notify the Contractor in writing and provide the Contractor with ten (10) days in which to cure said default. If the Contractor fails to cure within said time frame, VVTA may declare the Contractor to be default and terminate the Contract in whole or in part. D. Except as otherwise provided, settlement of claims by the Contractor under this termination Section shall be in accordance to the provisions set forth in 48 C.F.R. Part 49, as amended from time to time.

BUY AMERICA CERTIFICATE SECTION 165a OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 PERMITS FEDERAL TRANSIT ADMINISTRATION PARTICIPATION IN THIS CONTRACT ONLY IF THE STEEL AND MANUFACTURED PRODUCTS SPECIFIED IN THE PROPOSAL ARE PRODUCED IN THE UNITED STATES. The proposer hereby certifies that it will comply with the requirements of Section 165a of the Surface Transportation Assistance Act of 1982 and the regulations in 49 CFR 661. DATE_____________________________ SIGNATURE_______________________ TITLE_______________________________ or The proposer hereby certifies that it cannot comply with the requirements of Section 165a of the Surface Transportation Assistance Act of 1982, but it may qualify for an exception to the requirement pursuant to Section 165b of the Surface Transportation Assistance Act and regulations at 49 CFR 661.7. DATE_____________________________ SIGNATURE_______________________ TITLE_______________________________

Attachment B Price Table Victor Valley Transportation Center

Joshua/395 Park and Ride

1

Security Guard Services

2

Monday - Friday

6:00 am to 9:00 pm

6:00 am to 9:00 pm

3 4

Saturday Sunday

7:00 am to 8:00 pm 8:00 am to 6:00 pm

None None

5

Total Daily Hours

30 Weekdays/13 Saturdays/10 Sundays

6

*TOTAL Maximum Annual Guard Service Hours est.

7

Hourly Labor Rate (wages and benefits)

8

Annual Labor Rate [above rate (line 6) X 9,000 hours]

9

Yearly Supervisor / Management Expense

10

Yearly Overhead

11

Yearly Profit

12

Total Annual Expense (total of lines ,8,9,10,11) *Based on an average 255 Weekdays/52 Saturdays/52 Sundays

9,000

July 1, 2014 June 30, 2015

July 1, 2015 June 30, 2016

July 1, 2016 June 30, 2017

July 1, 2017 June 30, 2018

July 1, 2018 June 30, 2019

ATTACHMENT C DBE / NON-DBE PARTICIPATION PROJECT NAME: _______________________________________________DATE:___________________

Is Your Firm a Certified Disadvantaged Business Enterprise (DBE) Please provide a list of DBE vendors your firm will use to

VENDOR / SUBCONTRACTOR NAME / ADDRESS

WORK TO BE PERFORMED

Yes:____

No:____

ESTIMATED $$ PARTICIPATION

PERCENT OF TOTAL CONTRACT VALUE

Report prepared by:____________________________________Signature:_____________________________________________ Title: _________________________________________________

Date: ________________________