Plumbing Services.pdf

IFB No. 37542 Plumbing Services REV-5/27/2026 Page 1 of 58

INVITATION FOR BID (IFB)

No. 37542

REV-5/27/2026 Page 2 of 58

TABLE OF CONTENTS

Contents

SECTION 1 – SOLICITATION SUMMARY

SECTION 2 – GENERAL INFORMATION

2.1 PURPOSE

2.2 AGREEMENT

2.3 CAMP PENDLETON ACCESS

2.4 COMMUNICATIONS

2.5 COMPLIANCE WITH LABOR CODE/PREVAILING WAGES

2.6 CONE OF SILENCE

2.7 CONTRACTOR(S)/CONSULTANT(S) ASSOCIATED WITH PROJECT

2.8 DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION

2.9 LICENSE(S) REQUIREMENTS

2.10 PERFORMANCE AND PAYMENT BOND and MAINTENANCE BOND REQUIREMENTS

2.11 PRE-SOLICITATION CONFERENCE AND SITE VISIT

2.12 SAFETY TRAINING (CONTRACTOR AND SUBCONTRACTOR)

2.13 SENSITIVE SECURITY INFORMATION (SSI)

2.14 SUBSTITUTIONS (APPROVED EQUALS)

2.15 SUBCONTRACTOR REQUIREMENTS (CONSTRUCTION ONLY)

2.16 FLAGGING

2.17 SIGNAL MAINTAINER

SECTION 3 – SUBMITTAL INFORMATION

3.1 ELECTRONIC BIDS ONLY

3.2 ADDENDA

3.3 SUBMITTAL REQUIREMENTS

3.4 FAILURE TO SUBMIT REQUIRED DOCUMENTS

3.5 OMITTED OR ADDITIONAL INFORMATION

3.6 BID BOND

3.7 BID FORMAT

3.8 METHOD OF AWARD

APPENDIX A-SCOPE OF WORK & SPECIAL CONDITIONS

APPENDIX B-FEDERAL TERMS

APPENDIX C-REQUIRED FORMS

APPENDIX D-SAMPLE AGREEMENT

APPENDIX E-DAVIS BACON WAGE DETERMINATION

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SECTION 1 – SOLICITATION SUMMARY

The purpose of the solicitation summary section is to summarize the major terms, conditions, and requirements of this solicitation. Notwithstanding, it is the Bidder ’s responsibility to become familiar with all terms, conditions, scope, and other requirements of the solicitation. Further, it is the Bidder ’s responsibility to make note of and account for any revisions to any portion of the solicitation that may result from an addendum to the solicitation issued by the North County Transit District, operating under and pursuant to California Public Utilities Code sections 125000, et seq., and referred to as North County Transit – San Diego Railroad.

Any section below that is denoted as applicable by way of a checkbox (i.e., ☒) is made a part of the solicitation documents and compliance therewith is required of the Bidder/Contractor. If the section is not noted as applicable, the language is not made a part of the solicitation documents and Bidders may disregard.

GENERAL INFORMATION

1 Solicitation No.: IFB No. 37542

2 Solicitation Title: Plumbing Services

3 Summary Project Description:

The North County Transit District, operating as North County Transit – San Diego Railroad (hereinafter referred to as “NCTD”) seeks bids for Plumbing Services in accordance with the specifications, terms and conditions of this solicitation.

See Appendix A, Scope of Work and Special Conditions for a detailed scope of work.

4 Funding Source Federal

5 Solicitation Package:

The solicitation package shall consist of the following sections as denoted below.

Section 1 – Solicitation Summary Section 2 – General Information Section 3 – Submittal Information

Appendices:

Appendix A – Scope of Work and Special Conditions Appendix B – Federal Terms Appendix C – Required Forms Appendix D – Sample Agreement Appendix E – Davis Bacon Wage Determination

See Section 2, General Information, Sub-section 2.1, Purpose.

6 Date Posted: June 29, 2026 7 Site/Delivery Address:

See Appendix A – Scope of Work and Special Conditions

Estimated Project Costs:

$1,620,000 (Includes options years)

9 Solicitation Contact:

Name: Kaylin Wade Title: Senior Procurement Contracting Officer

All communications regarding this solicitation shall be through PlanetBids.

See Section 2, Sub-section 2.4, Communications and Sub-section 2.6, Cone of Silence.

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10 Contractor/Consultant Associated with the Project:

☐ Shall apply.

☒ Shall not apply.

N/A

See Section 2, Sub-section 2.7, Contractors/Consultants Associated with

Project if the Shall apply box is checked

IMPORTANT DATES & EVENTS

11 Submittal Deadline: Date: Time:

July 30, 2026 02:00 P.M. (PST)

LATE BIDS ARE NOT ALLOWED AND WILL NOT BE CONSIDERED.

Bidders are solely responsible for complying with submittal deadline, including allowing sufficient time for uploading to PlanetBids.

See Section 3, Submittal Information

12 Pre-Solicitation

Conference:

☒ Shall apply.

☐ Shall not apply.

☐ Pre-Solicitation

Conference is Mandatory.

Date: Time:

July 16, 2026 11:00 A.M. (PST)

☒ On-Site Pre-Solicitation Conference

The Pre-Solicitation Conference and Site Visit will be conducted consecutively beginning at the Oceanside Transit Center located at:

235 South Tremont Street Oceanside, CA 92054

See Section 2, Sub-section 2.11, Pre-Solicitation Conference & Site Visit 13 Site Visit:

☐ Site Visit is

Mandatory.

Date: Time:

July 16, 2026 11:00 A.M. (PST)

Oceanside Transit Center 235 South Tremont Street Oceanside, CA 92054

PPE Requirements - All participants must arrive in standard PPE, including safety vest, and closed-toe shoes.

See Section 2, Sub-section 2.11, Pre-bid Conference & Site Visit

14 Access to Camp Pendleton for site visit:

See Section 2, Sub-section 2.3, Camp Pendleton Access for instructions on requesting access and Section 2.11, Pre-Solicitation Conference and Site

Visit

15 Access to Camp

Pendleton need to perform services:

See Section 2, Sub-section 2.3, Camp Pendleton Access for instructions on requesting access

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16 Last Day for Questions and Substitutions (Approved Equals):

The deadline for the submittal of questions and/or substitutions (Approved Equals) is July 17, 2026, by 2:00 P.M. (PST)

All questions and/or approved equal requests are to be submitted through

PlanetBids.

17 Public Bid Opening:

Public bid opening will occur in PlanetBids immediately following the deadline for submittal of bids.

SUMMARY OF REQUIREMENTS

The following is not an exhaustive list of all solicitation requirements.

Bidders are solely responsible for ensuring compliance with all solicitation terms, conditions and requirements, including, without limitation, scope of work, special conditions, online terms and conditions, and federal requirements (if applicable).

18 Agreement Form:

☒ Type A: The successful Bidder shall be required to execute NCTD’s

Agreement document, which is included in this solicitation as Appendix D.

See Section 2, Sub-section 2.2, Type A.

☐ Type B: If NCTD accepts the signed Bid, the Bidder will be issued a

Purchase Order(s), at which point the awarded Bid shall constitute a binding Agreement between NCTD and the awarded Bidder (s).

See Section 2, Sub-section 2.2, Type B.

19 Bonding:

See Section 3, Sub-section 3.6, Bid Bonds (Due at time of bid) See Section 2, Sub-section 2.10 Performance and Payment Bond and

Maintenance Bond Requirements (Required at time of Agreement execution)

20 Bid Form:

See Appendix C for Bid Form or PlanetBids.

Failure to submit a Bid Form shall result in bidder being deemed non-responsive.

See Section 3, Sub-section 3.4, Failure to Submit Required Documents

21 DBE Participation Goal:

See Section 2, Sub-section 2.8, Disadvantaged Business Enterprise.

22 DBE Reporting Requirements:

See Section 2, Sub-section 2.8, Disadvantaged Business Enterprise and Appendix C, Required Forms

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23 Federal Terms:

All contractual provisions required by the Department of Transportation, as set forth in Federal Transit Administration (FTA) Circular 4220.1G, must be in all of Contractor’s subcontracts. 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 NCTD requests that would cause NCTD to be in violation of the FTA terms and conditions.

Inasmuch as the services herein described are to be purchased with federal assistance authorized by the Department of Transportation and FTA laws and regulations codified at 49 USC § 5301 et seq.; or Title 23, United States Code (Highways); or the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58, November 15, 2021; or the Transportation Equity Act for the 21st Century, Pub. L. 105-178, June 9, 1998, 23 USC § 101 note, as amended by the TEA-21 Restoration Act, Pub. L., 105-206, July 22, 1998, 23 USC § 101 note, (TEA-21), Moving Ahead for Progress in the 21st Century Act (MAP 21), Pub. L. 112-141, July 6, 2012, and other further amendments thereto, Fixing America’s Surface Transportation (FAST) Act, Public Law No:

114-94 , as may be amended, or other federal enabling laws administered by FTA and guidance thereto, including without limitation FTA Circular 4220.1G and amendments thereto, and 2 CFR Part 200, the Contractor will be required to comply with all terms and conditions prescribed for third party contract in a grant contract between the United States Department of Transportation and NCTD and to flow all applicable federal provisions down to subcontractors at every tier. Federal provisions applicable to this Agreement and third party contracting in general are provided in the IFB and this Agreement.

Specific guidelines shall be those prescribed by the most recent FTA Master Agreement (Form FTA-MA) and FTA Circular 4220.1G, "Third-party Contracting Requirements”. In the event of a conflict between FTA Circular 4220.1G and 2 CFR Part 200, 2 CFR Part 200 shall control and supersede.

See Appendix B, Federal Terms

24 Insurance

Prior to Agreement award, successful Bidder shall submit Certificates of

Insurance with the limits specified in the Agreement via myCOI.

See Appendix D, Sample Agreement for policy limits requirements

25 License Requirement:

See Section 2, Sub-section 2.9, License Requirements

26 Liquidated Damages:

NCTD reserves the right to include liquidated damages in any task order issued pursuant to the resulting agreement.

See Appendix A, Scope of Work or the Agreement

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27 California Prevailing Wage

See Section 2, Sub-section 2.5, Compliance with Labor Code/Prevailing Wages

28 Construction Project:

Additional Special terms and Conditions marked “Construction Only” shall apply

29 Required Forms & Certifications:

Failure to submit all required forms may result in proposal being deemed non-responsive.

See Appendix C, Required Forms

30 Safety Training Requirement:

See Section 2, Sub-section 2.12, Contractor and Subcontractor Safety Training

31 Flagging

See Section 2.16, Flagging

32 Signal Maintainer

See Section 2.17, Signal Maintainer

33 Approved Equal

☐ Brand Name Referenced; Approved Equal Permitted after NCTD approval

☐ Brand Name Referenced; No Equal or Substitutions Permitted

☒ No Brand Name

Referenced

See Section 2.14, Substitutions (Approved Equals)

END OF SECTION

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SECTION 2 – GENERAL INFORMATION

2.1 PURPOSE

This solicitation is issued by the North County Transit District, operating under and pursuant to California Public Utilities Code sections 125000, et seq., and referred to as North County Transit – San Diego Railroad (“NCTD”) as the means for prospective Bidders to submit their bid to NCTD for its consideration as an option in achieving the required scope of services and requirements identified herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included or referenced herein or released under separate cover, comprise the solicitation and are complementary to one another and together establish the complete terms, conditions, and obligations of the Bidder and, subsequently, the successful Bidder(s) if this solicitation results in an award.

1. General Terms and Conditions. In addition to any term, condition, requirement stipulated herein, by virtue of submitting a bid in response to this solicitation, Bidder agrees to be bound by and in compliance with the General Terms and Conditions, which are incorporated herein by reference, located at General Terms and Conditions 26.03.13 for Solicitations.

2. e-Procurement System Registration. NCTD utilizes PlanetBids (www.planetbids.com) for notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this solicitation. Any prospective Bidder who has received this solicitation by any means other than through PlanetBids must register immediately with PlanetBids to ensure it receives any addendum issued to this solicitation. Failure to receive an addendum may result in disqualification of the bid submitted. To register with PlanetBids visit www.gonctd.com and click on “About NCTD” at the top of the page and then select “Doing Business with NCTD” from the pulldown menu options. Several links providing information on use of PlanetBids are available. The direct link to register with PlanetBids is http://www.planetbids.com/portal/portal.cfm?CompanyID=20134.

3. Accommodations. For individuals with sensory disabilities, documents may be made available in alternate formats. For information regarding alternate formats, contact the Contract Officer listed in the solicitation or write to Procurement & Contract Administration Division, North County Transit – San Diego Railroad, 810 Mission Ave., Oceanside, CA 92054.

4. Terms. The following terms are used interchangeably:

Bidder, Offeror, Proposer, and Respondent.

Bid, Proposal, and Submittal.

Agreement and Contract.

Subcontractor and Subconsultant.

2.2 AGREEMENT

Section 1, Solicitation Summary, stipulates the Agreement form for this solicitation as Type A or Type B.

Each agreement form is detailed below. The Agreement forms contain language which is standard to all NCTD agreements and generally is not negotiable. Exceptions to Agreement language concerning insurance requirements or indemnification language must be made by the deadline for Submission of Questions or Request for Clarifications. If NCTD is willing to modify its insurance or indemnification language, it will post the modified language as part of an Addendum. If a Bidder requests an exception prior to bid submittal and is informed by NCTD that the proposed amended or substitute language is unacceptable, Bidder should propose with the expectation that the proposed amended or substituted language will not be accepted.

Type A: The successful Bidder shall be required to execute NCTD’s Agreement document, which is included in this solicitation as Appendix D.

Type B: The signed bid shall be considered an offer on the part of the Bidder, which shall be deemed accepted upon the issuance of award notification and/or purchase order issued by NCTD. Said award shall constitute a binding Agreement between NCTD and the awarded bidder(s).

https://d4lp5oxce4dvw.cloudfront.net/wp-content/uploads/General-Terms-and-Conditions-Version-26.03.13.pdf https://d4lp5oxce4dvw.cloudfront.net/wp-content/uploads/General-Terms-and-Conditions-Version-26.03.13.pdf http://www.planetbids.com/portal/portal.cfm?CompanyID=20134

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In case of default on the part of the awarded bidder, NCTD may take such action as it deems appropriate, including legal action, for damages or specific performance. By submitting a bid, Bidder agrees that the Agreement shall include the solicitation inclusive of all attachments and appendices, any and all addenda issued by NCTD, and the bid submitted by the bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation inclusive of all attachments and appendices; 3) Bid. In case of default on the part of the successful Bidder, NCTD may procure the items or services from other sources and hold the Bidder responsible for any excess cost occasioned or incurred thereby.

2.3 CAMP PENDLETON ACCESS

If applicable (see Section 1, Solicitation Summary), the Contractor and subcontractor(s) requiring access to Camp Pendleton whether to perform work under this Agreement or to attend a site walk in connection with a job bid must obtain base access authorization through NCTD’s Administration Department. Access requires completion of the Defense Biometric Identification System (DBIDS) online pre-enrollment process.

Individuals will not be permitted on base unless pre-enrollment has been completed and a QR code confirmation (generated at the end of pre-enrollment) is presented at the Base Access Control & Security Office.

For job bid site walks, the Contractor is responsible for submitting its own base access information directly to the Administration Department. The Contractor must also identify the solicitation/job bid number, specify the purpose of access, and provide the name and contact information of the Project Manager or Procurement Officer responsible for the bid.

Each individual employee must personally take the QR code confirmation to the Base Access Control & Security Office to obtain an access badge. Individuals must present a valid REAL ID card to gain access.

If a REAL ID is not available, a current Passport with a Driver’s License will suffice. In the absence of a Passport, an original Social Security Card, original Birth Certificate, and a Driver’s License will be accepted.

To obtain the pre-enrollment link, a request must be sent to administration@nctd.org at least 10 business days prior to the required access date. The email subject line must include the solicitation or Agreement number, and the body of the email must contain the following information:

1. The full legal name of each contractor/employee requiring base access, exactly as it appears on their government-issued identification.

2. The two-letter abbreviation of the State or Province where the contractor’s Driver License, Identification Card, or Passport was issued (this must be the same ID presented at the Access Control Office).

3. The Driver License/Identification Card/Passport number for No. 1 above (inclusive of hyphens or other punctuation).

4. Project description, along with the specific dates and times access is required.

5. The name and contact information of the Project Manager or Procurement Officer responsible for the project or job bid.

NCTD will forward the request to the Camp Pendleton Base Access Control & Security Office and will notify the requester of the date the individual(s) may report to obtain their base pass. On or after that date, each sponsored individual must appear in person with the printed QR code from the DBIDS pre-enrollment, and proper identification.

Note: Pre-enrollment is mandatory. However, the pre-enrollment link should not be completed until the NCTD Administration Department has confirmed approval and provided instructions regarding the date the individual may report to the Base Access Control & Security Office. Pre-enrollment may then be completed at: https://dbids-global-enroll.dmdc.mil/preenrollui/#/landing-page

NCTD staff will not escort Contractor’s or its subcontractors’ staff without base passes onto Camp Pendleton. Failure to adhere to the Camp Pendleton Access requirements may lead to a determination that Contractor is in breach of contract.

mailto:administration@nctd.org https://dbids-global-enroll.dmdc.mil/preenrollui/#/landing-page

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Bidders are cautioned that this entire process can take up to ten (10) business days. Untimely requests may be processed when received but will not be guaranteed access until the process has been completed.

Bidders are responsible for planning accordingly.

2.4 COMMUNICATIONS

All communications, including questions, relating to this solicitation must be directed through the Q&A tab within the solicitation posted on PlanetBids. Bidders shall submit all questions, as specified above, no later than the date and time stipulated in Section 1, Solicitation Summary. Questions not submitted timely may not be responded to. Addendums will be issued to all prospective Bidders who have downloaded the solicitation from the NCTD PlanetBids Vendor Portal. Bidders are cautioned that oral communication such as opinions, comments, explanations, responses to questions, etc. are not binding on NCTD.

2.5 COMPLIANCE WITH LABOR CODE/PREVAILING WAGES

1. Applicability. The State of California requires the payment of prevailing wage rates on the design, site assessment, feasibility study, and other preconstruction and construction phases of all public works projects (including but not limited to construction, alteration, installation, demolition, repair, maintenance) in excess of one thousand dollars ($1,000) pursuant to the provisions of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division 2 of the Labor Code of California. In addition to the payment of prevailing wage, the Bidder must comply with all applicable Department of Industrial Relations (DIR) registration and reporting requirements of SB 854 as may be amended from time to time. No Bidder or subcontractor may be awarded an agreement for public work unless registered with the DIR pursuant to Labor Code section 1725.5, unless an applicable registration exemption is applicable. Additionally, refer to Appendix B for any applicable federal wage requirements.

2. Compliance with Prevailing Wage Requirements. Pursuant to sections 1720 through 1861 of the California Labor Code, Bidder and its subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

a. Copies of such prevailing rate of per diem wages are included in the procurement file and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wages also may be found at Director's General Prevailing Wage Determinations. Bidder and its subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.

b. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.

The Contractor/Consultant will be required to comply with all terms and conditions (including Federal and State General Prevailing Wage requirements) prescribed for the Contractor performing public works construction projects. The latest General Prevailing Wage determinations for crafts associated with public works construction projects shall apply. In all instances where Federal, State, and Local Prevailing Wages for a given craft differ, the higher Prevailing Wage shall be paid.

3. Penalties for Violations. Bidder and its subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under Labor Code sections 1720 – 1861.

https://www.dir.ca.gov/oprl/DPreWageDetermination.htm

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4. Payroll Records. Bidder and its subcontractors shall comply with California Labor Code section 1776, which generally requires certified payrolls must be submitted per the stricter of federal/state regulations, keeping accurate payroll records, verifying, and certifying payroll records, and making them available for inspection. Bidder shall require its subcontractors to also comply with section 1776. Bidder and its subcontractors shall submit a hardcopy of weekly certified payroll records to GAFCON at 5960 Cornerstone Court West, Suite 100, San Diego, CA 92121, Attention: Lizette Rodriguez. Bidder and its subcontractors shall also furnish the records specified in Labor Code section 1776 directly to the Labor Commissioner in the manner required in Labor Code section 1771.4. Bidder is responsible for ensuring its subcontractors submit certified payroll records to NCTD.

5. Apprentices. Bidder and its subcontractors shall comply with California Labor Code sections 1777.5,

1777.6 and 1777.7 concerning the employment and wages of apprentices. Bidder shall be held responsible for their compliance as well as the compliance of their subcontractors with sections 1777.5,

1777.6 and 1777.7.

6. Working Hours. Bidder and its subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight

(8) hours a day and forty hours a week, unless all hours worked in excess of eight (8) hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on design professionals and subcontractors of $25 per worker per day for each day the worker works more than eight (8) hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

7. Required Provisions for Subcontracts. Bidder shall include at a minimum a copy of the following provisions in any Agreement they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.

8. Labor Code Section 1861 Certification. Bidder in accordance with California Labor Code section 3700 is required to secure the payment of compensation of its employees and by signing this Agreement, Bidder certifies that “I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

9. Contractor/Consultant and Subcontractor Registration Requirements. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). A Bidder or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Agreement Code, or enter into any Agreement for public work, as defined in this chapter of the Labor Code unless currently registered and qualified to perform the work pursuant to Section 1725.5. In accordance with Labor Code section 1771.1(a), “[i]t is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Agreement Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”

a. A Bidder ’s inadvertent error in listing a subcontractor who is not registered pursuant to Labor Code section 1725.5 in a response to a solicitation shall not be grounds for filing a bid protest or grounds for considering the bid non-responsive provided that any of the following apply: (1) the subcontractor is registered prior to bid opening; (2) within twenty-four hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in Labor Code section 1725.5; or (3) the subcontractor is replaced by another registered contractor pursuant to Public Agreement Code section 4107.

b. An Agreement entered into with any Bidder or subcontractor in violation of Labor Code section 1771.1(a) shall be subject to cancellation, provided that a Agreement for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, Bidder, or any subcontractor to comply with the requirements of section 1725.5 of this section.

c. By submitting a bid or proposal to NCTD, Bidder is certifying that he or she has verified that all subcontractors used on this public works project are registered with the DIR in compliance with Labor Code sections 1771.1 and 1725.5, and Bidder shall provide proof of registration for themselves and all listed subcontractors to NCTD at the time of bid or proposal due date or upon request.

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10. Stop Order. For Bidder or its subcontractor(s) engaging in the performance of any public work Agreement without having been registered in violation of Labor Code sections 1725.5 or 1771.1, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered Bidder or unregistered subcontractor(s) on ALL public works until the unregistered Bidder or unregistered subcontractor(s) is registered. Failure to observe a stop order is a misdemeanor.

11. List of all Subcontractors. NCTD may ask Bidder for the most current list of subcontractors (regardless of tier), along with their DIR registration numbers, utilized on this contract at any time during performance of this Agreement, and Bidder shall provide the list within ten (10) working days of NCTD’s request. Additionally, Bidder shall provide NCTD with a complete list of all subcontractors utilized on this contract (regardless of tier), within ten (10) working days of the completion of the Agreement, along with their DIR registration numbers. NCTD shall withhold final payment to Bidder until at least thirty (30) working days after this information is provided to NCTD.

12. Exemptions for Small Projects. There are limited exemptions for installation, alteration, demolition, or repair work done on projects of $25,000 or less. The Bidder shall still comply with Labor Code sections 1720 et. seq. The only recognized exemptions are listed below:

a. Registration. The Bidder will not be required to register with the DIR for small projects. (Labor Code section 1771.1).

b. Certified Payroll Records. The records required in Labor Code section 1776 shall be required to be kept and submitted to NCTD but will not be required to be submitted online with the DIR directly. The Bidder will need to keep those records for at least three (3) years following the completion of the Agreement. (Labor Code section 1771.4).

c. List of all Subcontractors. The Bidder shall not be required to hire only registered subcontractors and is exempt from submitting the list of all subcontractors that is required in section 11 above. (Labor Code section 1773.3).

2.6 CONE OF SILENCE

Any verbal or written communications between any potential or actual Bidder, or its representatives and any NCTD Board Member, staff member, committee member, or any consultant, or employee of a consultant, providing NCTD with assistance, advice, or professional services relating to the matters covered by the solicitation or who is involved in any aspect of the proposal or bid evaluation process are strictly prohibited from the date the draft Scope of Work is sent to NCTD’s Procurement and Contract Administration Division for approval through the date of execution of an Agreement or purchase order. The only exceptions to this are: (1) written requests regarding information or clarification made to NCTD’s designated Contract Officer (CO) during the allowable time period under the solicitation; (2) any request for a reference from an NCTD employee that is sent to the designated CO during the procurement process, and (3) any communications at a publicly noticed meeting of the NCTD Board of Directors. Any violation of the requirements set forth in this section shall constitute grounds for immediate and permanent disqualification of the bidder/Bidder from participation in this procurement.

2.7 CONTRACTOR(S)/CONSULTANT(S) ASSOCIATED WITH PROJECT

If applicable (see Section 1, Solicitation Summary), any consultant(s) listed in Section 1, Solicitation Summary, have been associated with the development and/or the preparation of this solicitation and are provided for informational purposes only. This list is not intended to be relied on for purposes of compliance with any conflict-of-interest rules or applicable laws or regulations affecting this solicitation. Bidders are solely responsible for due diligence in identifying and avoiding all potential conflicts of interest related to contracting for and performing the services as required by this solicitation and resulting Agreement.

2.8 DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION

As a recipient of federal funding, NCTD has established Disadvantaged Business Enterprise (DBE) program goals and is required to report on DBE participation each year so that its attainment efforts may be evaluated. NCTD’s overall (for the agency, not necessarily this solicitation) DBE participation goal for Federal Fiscal Years 2023-2026 is 11.3%. Any specific DBE goal applicable to this solicitation shall be stated in Section 1, Solicitation Summary. Contractor will cooperate with NCTD in meeting its commitments and goals with regard to the maximum utilization of DBEs and small businesses, and Contractor will use its best efforts to ensure that DBEs shall have an equitable opportunity to compete for subcontract work under this Agreement. The term DBE means a for-profit small business concern as defined in 49 CFR 26.5. If

REV-5/27/2026 Page 13 of 58 federal funding is used on the Agreement awarded pursuant to this solicitation, the selected Bidder will be required to document their use of Small Businesses (SB) and DBEs in the performance of the Work.

Each subcontract the Contractor signs with a subcontractor must include the following assurance:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate, which may include, but is not limited to: Withholding monthly progress payments; Assessing sanctions; Liquidated Damages; and/or Disqualifying the contractor from future bidding as non-responsible.

2.9 LICENSE(S) REQUIREMENTS

Pursuant to California Public Agreement Code section 20103.5, no bid submitted shall be invalidated by the failure of the Bidder to be licensed in accordance with the laws of this state. However, at the time the Agreement is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

Any Bidder or contractor not licensed as required shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board.

Failure of the bidder to obtain proper and adequate licensing for an award of an Agreement shall constitute a failure to execute the Agreement and shall result in the forfeiture of the security of the Bidder.

2.10 PERFORMANCE AND PAYMENT BOND and MAINTENANCE BOND REQUIREMENTS If applicable (see Section 1, Solicitation Summary), the Bidder shall be required, at the time of execution of the Agreement, to furnish a Performance Bond and Payment (Labor and Material) Bond that guarantees performance and payment with respect to all provisions of the Agreement Documents. The bonds shall be in the form required in the Section entitled Submission Documents, signed by Contractor as Principal and by an established reputable bonding or insurance company as surety, in the penal sum of 100 percent (100%) of the bid amount on the Bonds. The Performance and Payment Bonds must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure Section 995.120. In addition, to the extent required by law, the Bonds must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of San Diego that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has that it has been renewed, and four (4) copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California.

The Contractor warrants to NCTD, the Architect and/or Engineer that all materials and equipment furnished under the awarded Agreement will be of highest quality and new unless otherwise specified by NCTD, free from faults and defects and in conformance with the Agreement Documents. All materials and equipment not so conforming to these standards shall be considered defective. If required by NCTD’s designated representative, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial, and durable construction in all respects. The Contractor warrants the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by NCTD and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the warranty at no cost to NCTD or reimburse NCTD upon demand, for its expenses incurred in restoring said Work to the condition contemplated in said Agreement, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs. The agency shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the Contractor. In the event NCTD elects to have said work performed by the Contractor, the Contractor agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from NCTD. If the Contractor fails or refuses to comply with its obligations under this warranty, NCTD shall be entitled to all costs and expenses, including attorney’s fees and expert costs reasonably incurred by reason of the said failure or refusal.

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As additional security for these warranties, the Contractor shall, prior to the release of Final Payment as provided in the PAYMENTS clause of the solicitation, furnish separate Maintenance Bonds in the form contained in this section to NCTD written by the same corporate surety that provides the Performance Bond and Payment Bond (Labor and Material) for this Agreement. These bonds shall secure the Contractor’s obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to one hundred percent (100%) of the final Agreement amount, as adjusted.

If the Agreement will exceed $5,000,000, pursuant to the provisions of California Public Contract Code Section 22300, at the request and expense of the Contractor, NCTD will pay the amounts retained as security for the completion of the project pursuant to the Agreement Documents, in compliance with the requirements of Public Contract Code section 22300.

2.11 PRE-SOLICITATION CONFERENCE AND SITE VISIT

If applicable (see Section 1, Solicitation Summary), a pre-bid conference and site visit(s) may be held to discuss or clarify project requirements. Information provided at the pre-bid conference or site visit is not binding on NCTD unless such information is released in an addendum. If the pre-bid conference or site visit is mandatory, Bidders that are not represented at the pre-proposal conference or site visit will be deemed non-responsive.

For Construction project site visits, Personal Protection Equipment (PPE) in the form of hardhat, safety boots, reflective vest (red vests are not allowed), and safety glasses will be required in certain areas of the job walk. NCTD is unable to provide such PPE. It’s the responsibility of the Bidder to bring its own PPE. If Bidder does not have the proper PPE, they will not be allowed in restricted areas.

If applicable (see Section 1, Solicitation Summary), the site visit and pre-bid conference may be held within Camp Pendleton. All attendees must attain base access prior to the date of the site visit. See Section 2, Sub-Section 2.3, Camp Pendleton Access.

2.12 SAFETY TRAINING (CONTRACTOR AND SUBCONTRACTOR)

If applicable (see Section 1, Solicitation Summary), safety training is a requirement of the resulting agreement. The Federal Railroad Administration (FRA) and NCTD’s safety rules require safety training to any worker whose job duties include inspection, testing, repair, construction, maintenance, repair of track, bridges, roadway, signal and communication systems, roadway facilities, or maintenance machinery on or near the track. The Contractor and subcontractor shall be responsible for requesting/scheduling and the costs associated with attending the class. Contractor and subcontractor are responsible for taking the appropriate training classes based on the work they will be performing.

Roadway Worker Protection (RWP) Training: Required for contractors and subcontractor(s), as defined in 49 CFR 214.7 and NCTD SOP 3000.27 – Roadway Worker Protection Program, whose duties include inspection, construction, maintenance, or repair work on or near the right of way or with the potential to foul the track. RWP training is a 4-hour, classroom-based training available in English and is offered for a fee by NCTD’s flagger of record.

Blue Signal Protection Training: Required for contractors and subcontractor(s), as defined by 49 CFR 218.21 and NCTD SOP 3000.64 – Blue Signal Protection, whose duties include the inspection, testing, repair, and servicing of equipment whose activities require them to be on, under, or between the equipment. This includes contractors and subcontractor(s) who will be fouling the tracks at NCTD railroad yards to perform facilities maintenance. Blue signal training is a 1-hour, classroom-based training, required every two (2) years, is available in English, and offered at no cost by an NCTD Safety Trainer.

NCTD Safety Rules and Standard Operating Procedures (SOPs): Required for contractors and subcontractor(s) working in any NCTD yard or mechanical shop, working under Roadway Worker or Blue Signal Protection, or as determined by NCTD Safety and Risk Management division. NCTD Safety Rules and SOP training is a 1-hour, classroom based-training, which may be required annually or as needed, is available in English, and offered at no cost by an NCTD Safety Trainer.

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For further information, scheduling, and the cost to attend RWP training, go to the NCTD website:

http://www.gonctd.com/working-around-the-rails

2.13 SENSITIVE SECURITY INFORMATION (SSI)

Any information that is designated as SSI will be so delineated in Appendix A, Scope of Work and Special Conditions. Pursuant to NCTD's Sensitive Security Information (SSI) Procedure, certain information deemed to be SSI that is determined by NCTD to be necessary for Bidders to submit a proposal may be made available to Bidders by NCTD. The Bidders shall comply with all SSI requirements as set forth in the SSI Procedure and applicable law for information designated as SSI by NCTD. Such requirements address, without limitation (i) storage of SSI; (ii) protective marking of SSI; (iii) security protection for SSI; (iv) reproduction of SSI; (v) control and release of SSI; (vi) packaging and transmission of SSI; and (vii) destruction of SSI. Bidder is directed to thoroughly review the provisions of the SSI Procedure for additional information regarding the Bidder’s obligations related to treatment of SSI.

SSI is not subject to public disclosure pursuant to the California Public Records Act. Any unauthorized disclosure of SSI by a Bidder shall be deemed a breach by Bidder and shall constitute cause of action by NCTD. Upon the occurrence of any unauthorized disclosure of SSI by a Bidder, Bidder shall immediately provide notice to NCTD. The unauthorized disclosure shall be documented and investigated by NCTD.

The Bidder expressly agrees to fully cooperate with NCTD in course of any investigation related to the unauthorized disclosure of SSI. The Bidder additionally agrees to indemnify NCTD in accordance with Contractor indemnity obligations in the Agreement for any claim arising out of the unauthorized disclosure of SSI by Bidder, its employees, officers, agents, or a subcontractor.

If the solicitation is federally funded, further SSI requirements shall apply. See applicable Federal Terms and Conditions at Standard Terms and Conditions - North County Transit District.

2.14 SUBSTITUTIONS (APPROVED EQUALS)

If applicable (see Section 1, Solicitation Summary), the specification of any materials, process, or item is indicated or specified by grade, patent, or proprietary name or by name of manufacture, shall be deemed to be used for the purpose of facilitating description of material, process or article desired and shall be deemed to be followed by words “or approved equal" and salient characteristics listed. Bidders may, unless otherwise stated, offer any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified. However, NCTD has adopted certain uniform standards for certain material, processes, and fixtures. If material, process, or article offered by Bidders is not found to be an approved equal as identified by NCTD, (i.e. equal to or better in every respect to the item specified) the Bidder shall be required to furnish material, process or item specified in the solicitation at no additional cost to NCTD. The burden of proof as to the equality of any material, process or article shall rest with the Bidder.

Requests for approved equal must be received by NCTD, in writing, by the deadline stated in Section 1, Solicitation Summary. Any request for an approved equal or complaint concerning the equipment or material specifications must be fully supported with technical data, test results, or other pertinent facts as evidence that the substitute offered is equal to or better than the specification requirement.

Time limitations in this section shall be complied with strictly and in no case will an extension of time for performance of the agreement be granted because of Bidders failure to request a substitution of an alternative item at the times and manner set forth herein. NCTD has the complete and sole discretion to determine if an item or article is an equal item.

2.15 SUBCONTRACTOR REQUIREMENTS (CONSTRUCTION ONLY)

1. Non-Collusion Affidavit: Bidders on all public works contracts are required to submit an “Affidavit of

Non-Collusion” with their bid and must be signed under the penalty of perjury and dated.

2. List of Subcontractors: Every Bidder shall comply with the Subletting and Subcontracting Fair Practice Act, Public Contract Code sections 4100, et seq., and shall set forth in its bid:

(a) (1) The name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or http://www.gonctd.com/working-around-the-rails https://gonctd.com/terms/

REV-5/27/2026 Page 16 of 58 improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

(2) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.

(3) (A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor's name, location of business, and California contractor license number, may be submitted by the prime contractor up to 24 hours after the deadline established by the officer, department, board, or commission for receipt of bids by prime contractors.

(B) A state or local agency may implement subparagraph (A) at its option.

(b) The portion of the work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime…