Green Pleasure Pier Deck Replacement.pdf

-1- Green Pleasure Pier Deck Replacement Project

CITY OF AVALON

INVITATION FOR BIDS

AND

CONTRACT DOCUMENTS

FOR

GREEN PLEASURE PIER DECK REPLACEMENT

Project No. 267006 Contract No. 2026-267006

410 Avalon Canyon Road P.O. Box 707

Avalon, California 90704

(310) 510-0220 www.cityofavalon.gov

Key Information

Submit Written Questions By: Monday, September 1, 2026 at 1 p.m.

Proposals Due: Wednesday, September 9, 2026 at 1 p.m.

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TABLE OF CONTENTS

NOTICE INVITING BIDS

CITY OF AVALON INSTRUCTIONS TO BIDDERS

BID FORMS

CONTRACT FOR CONSTRUCTION

ARTICLE 2. SCOPE OF WORK

ARTICLE 3. TIME FOR COMPLETION

ARTICLE 4. CONTRACT PRICE

ARTICLE 5. LIQUIDATED DAMAGES

ARTICLE 6. COMPONENT PARTS OF THE CONTRACT

ARTICLE 7. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. .42

ARTICLE 8. INDEMNIFICATION

ARTICLE 9. PREVAILING WAGES

ARTICLE 10. FALSE CLAIMS

GENERAL CONDITIONS

ARTICLE 1 - TERMS; DEFINITIONS

1.1 Defined Terms

1.2 Terminology

ARTICLE 2 - PRELIMINARY MATTERS

2.1 Delivery of Contract Documents

2.2 Bonds

2.3 Evidence of Insurance

2.4 Execution of the Contract

2.5 Contractor’s Failure to Perform

2.6 Commencement of Contract Times; Notice to Proceed

2.7 Copies of Documents

2.8 Substitution Requests, Schedule of Submittals, and Schedule

2.9 Preconstruction Conference; Designation of Authorized Representatives

2.10 Subcontractor Mobilization Meeting

2.11 Mobilization

ARTICLE 3 - CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work

3.2 Intent of Contract Documents

3.3 Reference Standards

3.4 Reporting and Resolving Discrepancies; Order of Precedence

3.5 Amending and Supplementing Contract Documents

3.6 Reuse of Documents

ARTICLE 4 - INDEMNIFICATION; INSURANCE

4.1 Indemnification

4.2 Insurance

ARTICLE 5 - CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS ... 770

5.1 Applicable Laws

5.2 Permits and Licenses

5.3 Taxes

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5.4 Traffic Control

5.5 Safety

5.6 Hazardous Materials

5.7 Sanitary Facilities

5.8 Dust Control

5.9 Air Pollution Control

5.10 Water Quality Management and Compliance

5.11 Environmental Quality Protection

5.12 Excessive Noise

5.13 Diversion of Recyclable Waste Material

5.14 Inspector’s Field Office

5.15 Contractor’s Supervision

5.16 Workers

5.17 Independent Contractors

5.18 Verification of Employment Eligibility

5.19 Labor

5.20 Subcontracts

5.21 Progress Meetings

5.22 Submittals

5.23 Shop Drawings and Sample Submittal Procedures

5.24 Record (“As-Built”) Drawings

5.25 Layout and Field Engineering

5.26 Separate Contracts and Cooperation

5.27 Work Site

5.28 Utility Usage

5.29 Protection of Work and Property

5.30 Emergencies

ARTICLE 6 - MATERIALS; INSPECTION

6.1 Access to Work

6.2 Materials

6.3 Test and Inspections

6.4 Requests for Substitutions

ARTICLE 7 - SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations

7.2 Differing Subsurface or Physical Conditions

7.3 Ownership of Site Materials Found

7.4 Existence of Utilities at the Work Site

7.5 Trenches

ARTICLE 8 - PROSECUTION OF THE WORK

8.1 Contractor’s Means and Methods

8.2 Construction Schedule

8.3 Time for Completion and Liquidated Damages

8.4 Contractor’s Responsibility for Work

8.5 Occupancy

8.6 Securities for Money Withheld

8.7 The City’s Right to Suspend/Terminate the Contract

8.8 Completion and Acceptance of Work

8.9 Warranty and Guaranty of Work

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ARTICLE 9 - CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions

9.2 Procedure for Resolving Claims

ARTICLE 10 - MEASUREMENT; PAYMENT

10.1 Cost Breakdown

10.2 Progress Estimates and Payment

10.3 Final Acceptance and Payment

ARTICLE 11 - MISCELLANEOUS

11.1 Patents

11.2 Document Retention & Examination

11.3 Notice

11.4 Notice of Third Party Claims

11.5 State License Board Notice

11.6 Assignment of Contract

11.7 Change In Name And Nature Of Contractor’s Legal Entity

11.8 Prohibited Interests

11.9 Controlling Law

11.10 Jurisdiction; Venue

11.11 Cumulative Remedies

11.12 Survival of Obligations

11.13 Headings

11.14 Assignment of Antitrust Actions

11.15 All Legal Provisions Included

SPECIAL CONDITIONS

SPECIFICATIONS

PLANS AND DRAWINGS

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NOTICE INVITING BIDS

GREEN PLEASURE PIER DECK REPLACEMENT PROJECT

Project No. 267006

Contract No. 2026-267006

NOTICE IS HEREBY GIVEN that the City of Avalon, a municipal corporation, organized under the laws of the State of California ("City"), invites and will receive sealed Bids up to but not later than Wednesday, September 9, 2026 at 1:00 p.m. at the Office of Public Works, located at 410 Avalon Canyon Road, Avalon, CA 90704, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for the GREEN PLEASURE PIER DECK REPLACEMENT PROJECT (the “Project”). At said time, Bids will be publicly opened and read aloud at the purchasing office. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

The City is seeking bids from qualified vendors to replace the decking on the Green Pleasure Pier located adjacent to Crescent Avenue, Avalon, California. Work consists of removal and replacement of approximately 15,000 square feet in pressure treated 4”, 4” by 10” timber planks.

It is the City’s intent that the scope of work be performed in phases in order to maintain access to commercial, recreational and public safety operations on the pier facilities. Support activities may be performed from the deck of the Green Pleasure Pier; however, no heavy equipment larger than a telehandler will be permitted on the Green Pleasure Pier, unless an approved plan is provided to redistribute the weight.

While removing and replacing the deck surface of the pier, if structural deficiencies are discovered this contract will include replacement of stringers and pile caps as determined necessary and appropriate by the City Engineer.

The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Bids must be submitted on City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from www.publicpurchase.com or the City’s web site, www.cityofavalon.gov/rfp. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. Firms that anticipate submitting a bid shall send an email to the City contact acknowledging receipt of the Contract Documents so that the City can add the firm to its notification list. Please include the contact person, the name of the firm, address, phone number, and e-mail address. Addenda will be published on www.publicpurchase.com .

It is the responsibility of each prospective Bidder to download and print all Contract Documents for review and to verify the completeness of Contract Documents before submitting a bid. Any Addenda will be posted on the City’s website www.publicpurchase.com and publicpurchase.com.

It is the responsibility of each prospective Bidder to check www.publicpurchase.com on a daily basis through the close of Bids for any applicable Addenda or updates. City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Contract Documents. Information on http://www.publicpurchase.com/ http://www.cityofavalon.gov/rfp http://www.publicpurchase.com/ http://www.publicpurchase.com/

-6- Green Pleasure Pier Deck Replacement www.publicpurchase.com may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by www.publicpurchase.com.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Avalon as bid security. The bid security shall be provided as a guarantee that within ten (10) Days after City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with the City.

The City will not hold a Pre-Bid Conference; however, bidders interested in reviewing the Project plans or existing conditions can contact Robert Greelaw at bgreenlaw@cityofavalon.gov to schedule a guided tour of the project site. Questions must be submitted in writing. All questions and answers shall be sent to all Bidders engaged with the project on www.publicpurchase.com.

The successful Bidder will be required to furnish a Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price.

Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the Contract.

Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Los Angeles County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages is available at City’s Planning Counter and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption http://www.publicpurchase.com/ http://www.publicpurchase.com/ mailto:bgreenlaw@cityofavalon.gov

-7- Green Pleasure Pier Deck Replacement specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Contract: A.

Substitution requests shall be made within 35 calendar days after the award of the Contract.

Pursuant to Public Contract Code Section 3400(b), City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract Documents be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by City from the BASE BID as calculated on the Bid Schedule. City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the bidding process.

For further information, contact Robert Greenlaw at bgreenlaw@cityofavalon.gov or 310-570- 3025.

END NOTICE INVITING BIDS

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INSTRUCTIONS TO BIDDERS

GREEN PLEASURE DECK REPLACEMENT PROJECT

Project No. 267006 Contract No. 2026-267006

GENERAL

Bids must be submitted to the City on the Bid Forms which are a part of the Contract Documents for the Project. Contract Documents may be obtained from as specified in the Notice Inviting Bids.

Prospective Bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact City to obtain the required Contract Documents if they decide to submit a Bid for the Project.

I. SCOPE OF WORK

The Bidder selected to provide the Work shall be retained under the City’s Contract for Construction (“Contract”), included as part of these Contract Documents. The City will not consider alterations to the Contract.

The City is seeking bids from qualified vendors to replace the decking on the Green Pleasure Pier located adjacent to Crescent Avenue, Avalon, California. Work consists of removal and replacement of approximately 15,000 square feet in pressure treated timber. If necessary, the project scope may also include replacement of stringers and/or pile caps determined to be structurally compromised by the City Engineer.

It is the City’s intent that the scope of work be performed in phases in order to maintain access to commercial, recreational and public safety operations on the pier facilities. Support activities may be performed from the deck of the Green Pleasure Pier; however, no heavy equipment larger than a telehandler will be permitted on the Green Pleasure Pier, unless an approved plan is provided to redistribute the weight.

An equipment lay down yard located adjacent to the work site is available at South Beach.

Additionally, a lay down/storage site for preserved timber will be available on Third Street in Avalon. There is a possibility of another project/contractor sharing these storage areas.

Coastal Preservation Requirements:

1. No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to wave erosion and dispersion;

2. Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction;

3. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day.

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4. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss.

5. Netting, tarps and/or other forms of barriers shall be installed between the water and the work areas to prevent any unpermitted material from entering the Pacific Ocean.

6. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of construction-related materials, and to contain sediment or contaminants associated with construction activity, shall be implemented prior to the on- set of such activity. BMPs and GHPs which shall be implemented include, but are not limited to:

stormdrain inlet protection with sandbags or berms, all stockpiles must be covered, and a pre-construction meeting shall be held to review procedural and BMP/GHP guidelines. Selected BMPs shall be maintained in a functional condition throughout the duration of the project.

7. Construction debris and sediment shall be properly contained and secured on site with BMPs, to prevent the unintended transport of sediment and other debris into coastal waters by wind, rain or tracking. Construction debris and sediment shall be removed from construction areas as necessary to prevent the accumulation of sediment and other debris, which may be discharged into coastal waters. Debris shall be disposed at a debris disposal site outside the coastal zone, pursuant to Special Condition No. 4.

8. Water Quality Management Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the contractor shall submit a Water Quality Management Plan (WQMP), which incorporates Best Management Practices (BMPs) including, but are not limited to: 1) all equipment shall be inspected for leaks immediately prior to the start of construction operations, and regularly inspected thereafter until project completion. Vehicles and equipment with leaks shall not enter the project/beach area; 2) trash and other debris encountered during demolition and clean-up shall not be disposed of in the ocean, but will be disposed of off-site at an approved landfill; and 3) secure all materials to prevent discharges to receiving waters via wind.

The permittee shall comply with the following requirements related to the use of pressure-treated wood in the marine environment:

1. Pressure-treated wood used in construction of the project shall meet the American Wood Protection Association’s (AWPA) wood preservative standards, specifically AWPA Standard U1, the primary specification for pressure-treated wood

2. Ammoniacal copper zinc arsenate (ACZA) pressure-treated wood shall be treated to the proper preservative retention standard (i.e., amount of preservative) specified by the AWPA for the appropriate AWPA Use Category. The ACZA pressure-treated wood used for the project shall not have a preservative retention exceeding the minimum specified for the appropriate Use Category, in order to minimize the amount of preservative present in treated wood on-site that may subsequently leach into the marine environment

3. The ACZA pressure-treated wood shall be inspected on-site to assure it is free of visible surface residues or bleeding of preservatives. If ACZA pressure-treated wood has a noticeable ammonia odor, then it has not been properly processed or aged, and the preservative may thus not be properly fixed, therefore the lumber shall not be used.

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4. The ACZA pressure-treated wood shall be stored in a contained area within a continuous, plastic-lined berm on the deck of the materials barge or the staging area.

If there is a chance of precipitation, the wood shall be stored under a covered area or tarp to prevent exposure to precipitation or run-on wastes from surrounding areas. No runoff from the pressure treated wood storage area shall be allowed to drain to the marine environment.

5. Whenever possible, cutting or drilling of ACZA pressure-treated wood shall be performed at a site a minimum of 100 feet away from the water, to minimize transport of debris and sawdust by wind to the marine environment. Any resulting sawdust, drill shavings, and wood scraps shall be contained and collected immediately, in order to prevent the discharge of pressure-treated wood to the marine environment. If it is essential that treated wood be cut or drilled in place on the pier, a protective layer shall be installed between the activity and the receiving waters so that all sawdust, shavings, and wood scraps generated during construction will be collected and prevented from entering the water below.

6. The procedures outlined in AWPA Standard M4, Standard for the Care of Preservative-Treated Wood Products, shall be followed when applying a topical (non-pressure treated) preservative to the cut ends of treated wood. Whenever possible, application of a topical preservative to treated wood shall be performed at a site a minimum of 100 feet away from the water, equipped with containment for potential drips and spills, in order to prevent discharge of the preservative to the environment.

The topical preservative shall not be applied during rain events. Any excess topical preservative shall be wiped off, and the preservative shall be allowed to fully dry before the wood is used in construction. If a small amount of touch-up preservative application must be performed over water, then tarps or containers shall be used to capture any potential spills or drips.

Operational Requirements

1. The contractor shall submit it’s construction plan to the City 5 days prior to mobilization.

The City will provide comments within five calendar days.

2. During active construction, the contractor may restrict access to certain portions of the pier. Refer to the Green Pleasure Pier Deck Replacement Access Plan identifying proposed constraints. The City anticipates the contractor will begin at “Zone 1” working toward Zone 6. Contractor shall coordinate closure and access plan with the City Engineer and/or Harbor Master.

3. The City will handle all traffic and pedestrian control.

4. Active construction on the pier shall be completed within 90 calendar days.

II. CITY CONTACT

The principal contact for the City will be Robert Greenlaw, P.E., bgreenlaw@cityofavalon.gov, 310-570-3025, or a designated representative, who will coordinate the assistance to be provided by the City to the Bidder.

For further information, contact at bgreenlaw@cityofavalon.gov or 310-570-3025.

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III. PRE-BID CONFERENCE

The City will not hold a Pre-Bid Conference; however, bidders interested in reviewing the Project plans or existing conditions can contact Robert Greelaw at bgreenlaw@cityofavalon.gov to schedule a guided tour of the project site. Questions must be submitted in writing. All questions and answers shall be sent to all Bidders engaged with the project on www.publicpurchase.com.

IV. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein and made part of the Contract Documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract Documents. The failure or omission of any Bidder to receive or examine the Contract Documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under state law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

V. INTERPRETATION OF DRAWINGS AND DOCUMENTS

Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other Contract Documents may submit to a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other Contract Documents will be made only by a written Addendum duly issued and a copy of such Addenda will be posted on the City’s website at www.cityofavalon.gov. The City will not be responsible for any other explanation or interpretations of the Contract Documents.

If a prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the prospective Bidder to promptly bring it to the attention of the City.

VI. ADDENDA

The City reserves the right to revise the Contract Documents prior to the Bid opening date.

Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum

-12- Green Pleasure Pier Deck Replacement warrants postponement of the Bid submission date. Each Bidder shall leave with the City its name, address, phone and fax numbers, and e-mail address for the purpose of receiving notification of Addendum. Copies of Addenda will be posted on the City’s website at www.cityofavalon.gov

Please Note: Bidders are responsible for ensuring that they have received any and all Addenda.

To this end, each Bidder should contact the City Contact to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

VII. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each Bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder.

VIII. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

IX. SUBCONTRACTORS

Bidder shall set forth the name, address of the place of business, contractor license number, and public works contractor registration number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Contract Documents in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Substitution of listed subcontractors shall only be permitted in accordance with

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Public Contract Code Section 4107.

X. LICENSING REQUIREMENT

Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all Bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any Bid submitted by a Bidder not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

XI. BID GUARANTEE

Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Avalon; or (c) a Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Avalon as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) Days after the City provides the successful Bidder the Notice of Award, the successful Bidder will enter into a Contract and provide the necessary bonds and certificates of insurance.

The bid security will be declared forfeited if the successful Bidder fails to comply within said time, and the City may enter into a Contract with the next lowest responsive responsible bidder, or may call for new Bids. No interest shall be paid on funds deposited with the City. The City will return the security accompanying the Bids of all unsuccessful Bidders no later than 60 calendar days after award of the contract.

XII. IRAN CONTRACTING ACT OF 2010

.In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a Bid with the City of one million dollars ($1,000,000) or more, certify at the time the Bid is submitted that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision

(b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the Bid Forms and must be signed and dated under penalty of perjury.

XIII. NONCOLLUSION DECLARATION

Bidders on all public works contracts are required to submit a declaration of noncollusion with their Bid. This form is included with the Bid Forms and must be signed and dated under penalty of perjury.

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XIV. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

XV. BIDDER INFORMATION AND EXPERIENCE FORM

Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the City that the Bidder is qualified to properly carry out the terms of the Contract..

XVI. WORKERS’ COMPENSATION CERTIFICATION

In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City a Workers' Compensation Certificate prior to performing the work under this Contract. The form of such Workers' Compensation Certificate is included as part of the Bid Forms.

XVII. SIGNING OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid;

and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

XVIII. SUBMITTAL INSTRUCTIONS

Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid guarantee and other required materials, in City Clerk Office before the time and day set for the receipt of Bids. The envelope shall bear the title of the

-15- Green Pleasure Pier Deck Replacement work and the name of the Bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of Bids shall be returned to the Bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder’s Name) for the Green Pleasure Pier Deck Replacement Project

Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. The City may reject any Bid not strictly complying with the City’s designated methods for delivery.

XIX. OPENING OF BIDS

At the time and place set for the opening and reading of Bids, or any time thereafter, each and every Bid received prior to the time and day set for the receipt of Bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

The public reading of each Bid will include the following information:

A. The name and business location of the Bidder.

B. The nature and amount of the bid security furnished by Bidder.

C. The Bid amount.

Bidders or their representatives and other interested persons may be present at the opening of the Bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids.

The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

XX. WITHDRAWAL OF BID

Any Bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of Bids. Requests to withdraw Bids shall be worded so as not to reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the time and day set for the receipt of Bids, provided that resubmitted Bids are in conformance with the instructions herein.

Bids may be withdrawn after Bid opening only by providing written notice to the City within five (5) working days of the Bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City.

XXI. BIDDERS INTERESTED IN MORE THAN ONE BID

No Bidder shall be allowed to make, file or be interested in more than one Bid for the same work unless alternate Bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from

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XXII. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

XXIII. PREVAILING WAGES

The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

XXIV. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

XXV. INSURANCE REQUIREMENTS

Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.

XXVI. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

The successful Bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of the City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to the City within ten (10) Days from the date the City provides the successful bidder with the Notice of Award.

XXVII. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise

-17- Green Pleasure Pier Deck Replacement expressly provided by the Contract Documents.

XXVIII. FILING OF BID PROTESTS

Bidders may file a “protest” of a Bid with the City’s Director of Public Works. In order for a Bidder’s protest to be considered valid, the protest must:

D. Be filed in writing within ten (10) calendar days after the bid opening date or any City determination or recommendation regarding the Bidder’s bid;

E. Clearly identify the specific irregularity or accusation;

F. Clearly identify the specific City staff determination or recommendation being protested;

G. Specify in detail the grounds for protest and the facts supporting the protest; and H. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, the City may reject the protest without further review.

If the protest is timely and complies with the above requirements, the City’s Director of Public Works, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The Director of Public Works will provide a written decision to the protestor.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

XXIX. BASIS OF AWARD; BALANCED BID

The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the Total Bid Price, that includes both base bid and alternative unit rate items as defined on the Bid Sheet. The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

XXX. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the Contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) Days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City will issue a Notice to Proceed to that Bidder.

XXXI. EXECUTION OF CONTRACT

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As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Contract Documents

Publication Date : Thursday, August 20, 2026

END INSTRUCTIONS TO BIDDERS

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BID FORMS

Green Pleasure Pier Deck Replacement Project Project No. 267006

Contract No. 2026-267006

BID ACKNOWLEDGMENT

Bids will be received at the City of Avalon, 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704, until 1 p.m. Wednesday, September 9, 2026.

Green Pleasure Pier Deck Replacement Project

NAME OF BIDDER: ______________________________________________

To the City of Avalon, a municipal corporation, organized under the laws of the State of California.

I. In response to the Notice Inviting Bids dated Thursday, August, 20, 2026 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

J. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

K. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

L. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

M. The following required are attached:

1. Bid Schedule

2. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

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3. Completed Designation of Subcontractors form.

4. Fully executed Noncollusion Declaration form.

5. Completed Iran Contracting Act Certification form.

6. Completed Public Works Contractor Registration Certification form.

7. Completed Contractor’s Certificate Regarding Workers’ Compensation form.

8. Completed Bidder Information and Experience form.

N. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

1. Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

License number

Expiration date

License classification

1. Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

Member No. 1

Name

License number

Expiration date

License classification

Member No. 2

Name

License number

Expiration date

License classification (If there are more than two members of the joint venture, attach a page for the additional member(s) with the above information.)

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The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. ________________________________________________

[SIGNATURE ON NEXT PAGE]

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I hereby certify under penalty of perjury under the laws of the State…