Bid Notice-Beermann Plaza Trash Enclosure.pdf

ENGINEERING DEPARTMENT

NOTICE TO BIDDERS

PROPOSAL AND CONTRACT

SPECIAL PROVISIONS

FOR

CIP 722 - Beermann Plaza Trash Enclosure

FOR USE IN CONNECTION WITH PUBLIC FACILITIES IMPROVEMENT STANDARDS,

EQUIPMENT RENTAL RATES AND GENERAL PREVAILING WAGE RATES

FOR PRE-BID INFORMATION CALL:

Jacob Groeser 530-709-5895

Approval Recommended by: Jacob Groeser

Approved by: Vin Cay, P.E., City Engineer

BID OPENS: July 17, 2026 @ 2:00PM

CONTRACT #:

TABLE OF CONTENTS

I. NOTICE TO BIDDERS

II. INFORMATION FOR BIDDERS

III. BID PROPOSAL, DESIGNATION OF SUBCONTRACTORS FORM, BIDDER’S

BOND, & NON-COLLUSION AFIDAVIT, PUBLIC WORKS CONTRACTOR

REGISTRATION LIST

IV. (NOT USED ) (FOR FEDERAL AID PROJECTS) LOCAL AGENCY BIDDER-DBE

INFORMATION, DBE CERTIFICATION STATUS CHANGE, & CERTIFICATION /

DISCLOSURE FORMS, DBE GOOD FAITH EFFORTS FORM

V. AGREEMENT, PERFORMANCE & PAYMENT BOND

VI. GENERAL CONDITIONS

VII. SPECIAL PROVISIONS

I. NOTICE TO BIDDERS

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NOTICE TO BIDDERS

NOTICE HEREBY is given that the City of Lincoln, California, will receive bids for the furnishing of all labor, materials, equipment, transportation and services CIP 722 –Beermann Plaza Trash Enclosure located in the City of Lincoln, Placer County, California.

ENGINEER’S ESTIMATE:

$200,000

TIME AND PLACE FOR SUBMISSION AND OPENING:

Sealed bid proposals shall be submitted on or before July 17th , at the hour of 2:00 p.m., at the Office of the City Clerk, City of Lincoln, City Hall, 600 Sixth Street, Lincoln, California.

Any bid received after the time specified will be returned to the bidder unopened. All bids will be opened, publicly read aloud and recorded by the City Clerk at the time and place specified, in a public meeting called for that purpose.

The City reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in the advertisement. The City Clerk will report the bids to the Lincoln City Council in regular session. Each bid shall be on forms provided by the City, and shall in all respects comply with the Instructions to Bidders and the Contract Documents.

SECURING DOCUMENTS:

Contract documents are available for downloading free of charge through the services of Planet Bids. You may sign up to use this service which will automatically inform you of updates and amendments. Plans and specifications are available for download at https://pbsystem.planetbids.com/portal/48920/bo/bo-search. Sign up or sign in to download the project documents including bidder’s list etc. Hard copies are not available from the City.

PRE-BID CONFERENCE:

A Mandatory pre-bid conference will be held at 9:00 a.m. on July 8th at Beermann Plaza at 640 5th Street in the City of Lincoln, California.

LICENSING:

In accordance with the provisions of California Public contract Code section 3300, the City of Lincoln has determined that the following license classification is required to perform this project Class A – General Engineering Contractor, C-29 Masonry, or C-8 Concrete.

WAGE RATES:

Pursuant to Labor Code section 1770, the California Director of Industrial Relations has specified the general prevailing wage rates for the public projects in California. The wages to be paid to all workers on such projects shall not be less than those specified in such wage rate determination. The wage rates specified by the Director of Industrial Relations are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm.

FURTHER INFORMATION:

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Further information and Instructions for Bidders may be obtained from the Project Manager Jacob Groeser, (530) 709-5895 or email Jacob.Groeser@lincolnca.gov .

By Order of the City Council, City of Lincoln Hope Ithurburn City Clerk

II. INFORMATION FOR BIDDERS

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INFORMATION FOR BIDDERS:

1. Site.

The project is located at 2525 East Joiner Parkway. The limit of this work area is designated on the drawings and the Contractor shall confine his operations to this area and along the adjacent public areas by permission of the City of Lincoln.

2. Drawings.

Drawings accompany these Contract Documents and are made a part thereof.

3. Sales Tax.

Bidders shall have included in their bids any and all federal, state and local taxes of whatever nature in connection with material to be furnished to the City. Absolutely no extras shall be allowed for such by the City.

4. Bid Form.

In order to receive consideration, all bids shall be made in accordance with the following instructions:

(a) Bids shall be made upon the form provided therefore, properly executed and with all items filled out; numbers shall be stated in figures, and in writing where specifically called for;

the signature of all persons signing shall be in longhand. The completed form shall be free of interlineation, alterations, or erasures. No verbal, telegraphic, or telephonic proposals or modifications will be considered.

(b) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered unless specifically called for.

(c) Before submitting a bid, each bidder shall carefully examine the drawings and read the specifications and other Contract Documents. He shall visit the site of the project and shall fully inform himself as to all existing conditions and limitations under which the work is to be performed, and he shall include in his bid sums to cover the cost of all items necessary to perform the work as set forth in these Contract Documents. No allowance will be made to any bidder because of lack of such examination or knowledge.

(d) Each bid shall be addressed to the Mayor of the City of Lincoln and shall be delivered to the City Clerk at his office on or before the date and time specified in the published Notice to Bidders. The bid shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder and the date and hour of the opening. It is the sole responsibility of the bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids shall be returned to the bidder unopened.

(e) Each bid must be accompanied by cash, a certified or cashier's check or a bidder's bond in the sum of not less than ten percent (10%) of the total aggregate amount of the bid including the highest alternate. Said check or bond shall be made payable to the order of the City of Lincoln, and shall be forfeited to the City of Lincoln if the successful bidder refuses, II-2 neglects, or fails to file satisfactory bonds as required by the Contract Documents or to enter into the agreement for construction after being requested to do so by the City.

(f) No bidder may withdraw his bid for a period of sixty (60) days after the date and time set for the opening thereof, and no bid security shall be released prior to said date.

(g) The bidder and all subcontractors listed on the Designation of Subcontractors form as required by the provisions of §4100 et seq of the Public Contract Code shall be registered with the State of California Department of Industrial Relations as a Public Works Contractor prior to the time and date that bid proposals are due. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations as a Public Works Contractor prior to working on the project. Contractors and subcontractors may register with the Department of Industrial Relations online at https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm

(h) The successful bidder will be required to post a Labor and Materials Payment Bond and a Performance Bond, both in an amount equal to one hundred percent (100%) of the contract price, no later than ten (10) days after notification of award of the contract, and before the City will execute the Agreement for Construction. Before final payment, the successful bidder must also guarantee his work and secure that guarantee with a bond in an amount no less than ten percent (10%) of the total amount of the contract.

5. Proof of Competency of Bidder.

Any bidder may be required to furnish evidence satisfactory to the City that he and his proposed subcontractors have sufficient means and experience in the type of work called for to assure completion of the contract in a satisfactory manner.

6. Award or Rejection of Bids.

(a) The contract will be awarded, contingent upon the availability of funding, to the lowest responsible bidder. Determination of low bidder shall be determined by the Base Bid.

(b) The City of Lincoln reserves all rights to reject any and/or all bids, or to utilize any alternate procedure as authorized by Public Contract Code sections 20166 and 20167.

The City also reserves all rights to waive any informality in the bids or bidding.

7. Contract Documents.

The form of agreement which the successful bidder, as Contractor, will be required to execute and the form of bond which he will be required to furnish are included in the Contract Documents and should be carefully examined by each bidder. The agreement and bonds will be executed in two (2) original counterparts. The complete contract consists of the Contract Documents as defined in Section 7 of the agreement, and are intended to cooperate and be complementary so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The intention of the documents is to include all labor, materials, equipment, transportation and services necessary for the proper execution of the work.

8. Clarification of Drawings and Documents by Addenda.

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If any bidder is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, or finds discrepancies in, or omissions from, the drawings or specifications, he may submit to the City Engineer, a written request for a clarification or correction thereof not later than seven (7) calendar days before the date bids will be opened.

The person submitting the request will be responsible for its prompt delivery. Any clarification or correction will be made by written addendum, which shall be mailed or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanation or interpretation of the Contract Documents. Written request for clarification shall be submitted via email to Jacob.groeser@lincolnca.gov.

9. Addenda.

Any addenda issued before the time in which to submit bids expires shall form a part of the Contract Documents and shall be covered in the bid. Each bidder shall confirm receipt of any and all addenda in the space provided in Paragraph 1 of the bid form.

10. Alternates.

The City reserves all rights to accept or not accept alternates as set forth on the bid form.

11. Bidders Interested in More Than One Bid.

No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm, or corporation submitting a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders.

12. List of Subcontractors.

All bidders must submit with their bids a list of their proposed subcontractors in compliance with sections 4100-4113 of the Public Contract Code of the State of California. Forms for this designation are furnished in the Contract Documents.

13. Submitting Purchase Orders.

Within ten (10) days after the execution date of the contract, the Contractor shall submit to the City for approval, copies of purchase orders of all materials and equipment to be incorporated in this contract.

14. Progress Payments; Withholds.

Monthly progress payments shall be made to the Contractor for the value of the work completed during the preceding month. Pursuant to Government Code section 4590 and Public Contract Code Section 10263, and Public Contracts Code section 16430, at the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, State Treasurer or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the contract.

Alternatively the Contractor may request, pursuant to Public Contract Code section 10263, and the City shall make payment of retentions earned directly to the escrow agent. The Contractor shall receive the interest earned on the investments upon the same terms

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provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the owner.

Securities eligible for investment under this section shall include those listed in Government Code section 16430 or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City.

The Contractor shall be beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

15. Prompt Payment of Funds Withheld to Subcontractors The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

16. Declaration for Final Payment.

After the completion of the work of this contract, the Contractor shall file with the City his declaration under penalty of perjury stating that all workers and persons employed, all firms supplying the materials and all subcontractors upon the project, have been paid in full and that there are no bills outstanding against the project for either labor or materials except certain items, if any, to be set forth in detail in the declaration. The filing of such declaration by the Contractor and the submittals referred to in Article 25 of the General Conditions shall be a condition precedent to Contractor's receipt of the final payment on this contract.

17. Examination of Proposed Location and Contract Documents.

Bidder shall, prior to submitting a bid, carefully examine the location of the proposed project, and review the Contract Documents to become fully aware of the work to be done.

18. Non-Discrimination.

Contractor shall comply with state and federal non-discrimination provisions set forth in Articles 12 and 13 of the General Conditions.

19. Small Business Development.

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The California Construction Contracting Program offers free training, counseling and resources to assist small businesses to be successful in bidding and winning public construction contracts. Additional information is available online at www.buildcalifornia.org.

20 General Conditions.

All bidders hereby are advised that the City of Lincoln has adopted General Conditions for this work which may differ substantially from the general conditions provided for private projects or projects undertaken by other governmental agencies. Contractors are admonished to carefully read the General Conditions, as well as the special provisions and technical specifications, and are advised that the General Conditions shall be enforced strictly.

21. Address.

The address of the City Engineer for all purposes is:

CITY ENGINEER

CITY OF LINCOLN

600 SIXTH STREET

LINCOLN, CA 95648

TELEPHONE: (916) 434-3233

Any reference to Project Architect in the contract documents shall mean City Engineer.

22. Qualifications of Bidders.

Each bidder shall be licensed in accordance with the contractor's State License Law (Business and Professions Code section 7000 et seq.) each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract.

23. Inquiries.

Questions regarding the bidding documents may be directed to Jacob Groeser. His email address is Jacob.groeser@lincolnca.gov. Any questions addressing the interpretation or clarification of the Contract Bid Forms or the Bid Documents must be submitted in writing by email not later than seven (7) calendar days before the date bids will be opened.

City Standards may be downloaded free of charge from https://www.lincolnca.gov/en/business-and-development/design-and-construction-standards.aspx . Prevailing wage rates of wages applicable to this project are available from the State of California Department of Industrial Relations, Division of Labor Statistics and Research web page at http://www.dir.ca.gov/DLSR/PWD/index.htm. The plan holders list is available at https://pbsystem.planetbids.com/portal/48920/bo/bo-search along with other project documents.

The City elects to be subject to the Uniform Public Construction Cost Accounting Act as set forth in Section 22000 et seq. of the Public Contract Code ("Act"), and the uniform construction cost accounting procedures.

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24. Bid Protest Any Bid Protest must be submitted in writing to the Office of the City Clerk, 600 Sixth Street, Lincoln, CA 95648 before 5:00 p.m. on the fifth (5th) calendar day following the date of bid opening.

a. The initial protest document must contain a complete statement of the basis for the protest.

b. The protest must refer to the specific portion of the Bid that forms the basis for the protest.

c. The protest must include the name, address and telephone number of the person representing the protesting party.

d. The protest must include all relevant, supporting documentation with the protest at the time of the filing.

The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

(Remainder of this page left intentionally blank.)

III. BID PROPOSAL,

DESIGNATION OF

SUBCONTRACTORS FORM,

BIDDER’S BOND &

NON-COLLUSION AFFIDAVIT

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Beermann Plaza Trash Enclosure

BID PROPOSAL

Pursuant to and in compliance with your Notice to Bidders and Contract Documents, relating to the Beermann Plaza Trash Enclosure Project, the undersigned bidder, having become thoroughly familiar with the terms and the conditions of the Contract, including Addendum(s) __________, agrees to fully perform the work within the time stated and in strict accordance with the Contracts Documents. This includes the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the work and complete it in a workmanlike manner. The Bid sums shall be as follows:

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)

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The Bid sums shall be as follows:

SCHEDULE OF BID PRICES

All bid items; including lump sums, unit prices, and additive alternates must be filled in completely.

BASE BID ITEMS

Item No.

Item Description Estimated Quantity

Unit Unit Price Total Cost

1 Mobilization 1 LS

2 Remove Concrete, Pavers & Base

915 SF

3 Remove Asphalt Concrete 1100 SF

4 Remove & Salvage Bollards 6 EA

5 Remove Tree & Grate 2 EA

6 4-Inch A.C. Patch 375 SF

7 Class II Aggregate Base 26 CY

8 6-Inch Reinforced Concrete Pavement

1015 SF

9 4-Inch Concrete Sidewalk 480 SF

10 Raise Cleanout to Grade 2 EA

11 Block Wall with Brick Veneer, Cap, and Metal Gates

1 LS

12 6-Inch PVC Sleeve 100 LF

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13 4-Inch PVC Sleeve 32 LF

14 Irrigation 1 LS

15 5-Gallon "Common Myrtle" Shrub 9 EA

16 6-Foot Bench w/ Center Arm (DuMor, Inc.)

4 EA

17 Applied Landscape "Sierra Brown" Mulch

100 SF

18 Thermoplastic Striping 1 LS

Base Bid Total: $___________________

TOTAL COST IN WORDS

CONTRACTOR

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2. It is understood that City reserves the right to reject this proposal and that it shall remain open and not be withdrawn for a period of sixty (60) days from the date prescribed for its opening.

3. Attached hereto and incorporated herein are the following documents that shall be included with submission of the Bid Proposal:

i. Division III Documents:

a. Designation of Subcontractors form in compliance with sections 4100-4113 of the Public Contract Code of the State of California.

b. Bidder’s Bond or cashier’s check for at least 10% of the amount of the base bid total.

c. Non Collusion Affidavit

ii. Division IV Documents (For Federal Aid Projects): (NOT USED)

a. Employment Opportunity Certification (For Federal Aid Project)

b. Debarment and Suspension Certification (For Federal Aid Project)

c. Nonlobbying Certification for Federal Aid Projects (For Federal Aid Project)

d. Disclosure of Lobbying Activities (For Federal Aid Project)

This project is NOT a Federal Aid Project, and Division IV Documents shall NOT apply.

4. It is understood and agreed that if written notice of the acceptance of this proposal is mailed or delivered personally to the undersigned bidder within sixty (60) days after the opening of the proposal, or at any time thereafter before it is withdrawn, the undersigned bidder will execute and deliver the Contract Documents to City in accordance with the proposal as accepted.

5. Notice of acceptance or request for additional information may be addressed to the undersigned bidder at the business address set forth below.

6. The undersigned bidder declares that this proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the undersigned bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham proposal and has not directly or indirectly colluded or agreed with any bidder or anyone else to put in a sham proposal or to refrain from bidding;

that the undersigned bidder has not directly or indirectly sought by agreement, III - 5 communication, or conference with anyone to fix his bid price or the bid price of any other bidder, or to fix any overhead, profit or cost advantage against the City or anyone interested in this proposed contract; that the only persons or parties interested in this proposal as principals are those named herein; that all statements contained in this proposal are true; that the undersigned bidder has not directly, or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or the contents thereof, or divulged information or data relative thereto, to any other person, partnership, corporation, or association except to such person or persons as have a direct financial interest in bidder’s general business; and that he is aware of the provisions of section 3700 of the 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 he will comply with such provisions before commencing the performance of the work of this contract.

7. Wherever in this proposal an amount is stated in both words and figures, in case of discrepancy, the words shall prevail; if all or any portion of the proposal is required to be given in unit prices and totals and a discrepancy exists between any such unit prices and totals so given, the unit prices shall prevail.

8. The names of all persons interested in the foregoing proposal as principals are as follows: (Stockholders and limited partners need not be listed unless they are officers or employees of the corporation or limited partnership. All general partners and corporate officers shall be listed. If a stockholder or partner is a firm, list the principals of that firm, as stated herein.)

(If bidder or other interested person is a corporation, it shall furnish with this bid proposal a certificate attesting to corporate existence and authority of officer(s) to sign contracts and other documents on behalf of the corporation.

State legal name of corporation, names of the president, secretary, treasurer, and manager thereof.)

NAME: BUSINESS ADDRESS INTEREST (owner, partner, etc.)

a) ____________________________________________________________

b) ____________________________________________________________

c) ____________________________________________________________

d) ____________________________________________________________

e) ____________________________________________________________

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(Attach additional sheets if necessary)

9. The undersigned is licensed in accordance with the Contractor’s State License Law, Business and Professions Code section 7000 et seq.

License No.: __________________

Type of License: ______________

Expiration Date: ______________

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Name and Relationship to Bidder of Licensed Firm or Individual:

License Holder: _______________________

Relationship to Bidder: _______________

I certify under the laws of the State of California that the foregoing is true and correct.

DATED: ___________________

Signature of Bidder:

_____________________ CONTRACTOR _____________________________

Street Address

Sign here: City, State and Zip

Telephone (Include Area Code)

By: _________________ Type Name

-AND-

Sign here:

By: _________________ Type Name

NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co partnership, the true names of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the co partnership; and if bidder is an individual, his signature shall be placed above.

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DESIGNATION OF SUBCONTRACTORS

SECTION 004800

LIST OF

SUBCONTRACTORS

Per Public Contract Code 4104:

“Any officer, department, board, or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received for the doing of the work incident to the public work or improvement that any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth:

(a) (1) The name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code 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 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.”

Each bidder shall complete the information listed below for each of the Subcontractors who will perform a portion of the Contract work.

Note: In accordance with Agency requirements (Section 1.24 Subcontractor), the Contractor shall not award work valued at more than fifty percent (50%) of the Contract Price to the Subcontractor(s) without the prior written approval of the Owner.

Description of Work Percent of

Total Contract, Subcontractor’s Name Subcontract or

Location of Business

License Number

DIR

Number

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(Add additional sheets if necessary)

BIDDER:

Signature:

Date:

END OF SECTION

LIST OF SUBCONTRACTORS (004800)

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BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, ____________________, as Principal, and _____________________, as Surety, are held and firmly bound unto the City of Lincoln, State of California, (hereinafter called "City") in the sum of ten percent (10%) of the total aggregate amount of the bid of the Principal above named, submitted by said Principal to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of ________________________________________ DOLLARS ($____________). The condition of this obligation is such that a bid to City for certain construction specifically described as follows, for which bids are to be opened on ____________________, 2026, has been submitted by Principal to City:

(Copy here the exact description of work, including location, from bid form):

NOW, THEREFORE, if the aforesaid Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after said opening, and shall within the period specified therefore, or, if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with City, in the prescribed to him for signature, in accordance with the bid as accepted, and file the two bonds with Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force, virtue, and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said contract or to the work to be performed hereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In the event suit is brought upon said bond by City and judgment is recovered, the Surety shall pay all costs incurred by City in such suit, including a reasonable attorneys' fee to be fixed by the Court. Death of the Principal shall not relieve Surety of its obligations hereunder.

(Signatures are on the following page.)

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IN WITNESS WHEREOF, we have hereunder set our hands and seals on this ______day of ________________________, 2026.

_________________________ (SEAL)

PRINCIPAL

__________________________ (SEAL)

SURETY

Address

NOTE:

Signatures of those executing for Surety must be properly acknowledged, and a power of attorney attached.

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NON-COLLUSION AFFIDAVIT

(To be executed by Bidder and submitted with Bid)

STATE OF CALIFORNIA ) ss.

COUNTY OF _________________________ )

In accordance with Public Contract Code section 7106, (Name)__________________________, being first duly sworn, deposes and says that he/she is (Title)____________________________ of (Company) ________________________, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, and that the bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the City of Lincoln, a municipal corporation, or anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that Bidder has not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Executed under penalty of perjury under the laws of the State of California:

Name of Firm

Signature Date

Signature Date

NOTE: If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.

If Bidder [including any partner or venturer of a partnership or joint venture bidder] is a corporation, this affidavit must be signed by the Chairman, President or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer.

If Bidder’s affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.

Subscribed and sworn to this _____ day of _________________ of 2026.

NOTARY PUBLIC

END OF DOCUMENT

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PUBLIC WORKS CONTRACTOR REGISTRATION

(To be submitted within 24 hours of the time and date that bid proposals are due.)

In compliance with the provisions of section 1771.1(B) of the Labor Code of the State of California, no contractor or listed subcontractor may be listed on a bid proposal for a public works project unless they are registered as a Public Works Contractor with the Department of Industrial Relations.

(a) The name, location of the place of business, and registration number of the prime contractor and each subcontractor who will perform work or labor, or render service to the undersigned in or about the construction of the work to be preformed hereunder, or a subcontractor licensed by the State of California, who, under subcontract to the undersigned, will specifically fabricate and install a portion of said work according to detailed drawings contained in the plans and specifications.

PORTION OF THE

WORK

PRIME CONTRACTOR

NAME

LOCATION OF

BUSINESS

CONTRACTOR DIR

REGISTRATION

NUMBER

PRIME

CONTRACTOR

PORTION OF THE

WORK

SUBCONTRACTOR

NAME

LOCATION OF

BUSINESS

CONTRACTOR DIR

REGISTRATION

NUMBER

(Attach additional sheets if necessary.)

By: ___________________________ Bidders Signature

IV. (NOT USED)

V. AGREEMENT

PERFORMANCE

PAYMENT BONDS

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CITY OF LINCOLN

Agreement for the Construction of the

BEERMANN PLAZA TRASH ENCLOSURE

THIS AGREEMENT, made and entered on, (DATE) ________________, by and between the CITY OF LINCOLN, a municipal corporation, (hereinafter referred to as "City"), and (CONTRACTOR), a (California Corporation, Limited Liability Company, etc.).

W I T N E S S E T H:

RECITALS:

WHEREAS, the City Council of the City of Lincoln has awarded a contract to Contractor for performance of the work set forth herein.

AGREEMENTS:

SECTION 1 - SCOPE OF WORK:

Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike manner, and in strict accordance with the Contract Documents as defined in section 7 hereof, the work of: Beermann Plaza Trash Enclosure, City of Lincoln, County of Placer, State of California, as called for in the drawings and specifications adopted by the City, which drawings and specifications have been executed by the parties to this agreement. It is understood and agreed that said tools, equipment, apparatus, facilities, labor and materials shall be furnished, and said work performed and completed as required in the Contract Documents, under the direction and supervision of, and subject to the approval of the City and its duly authorized representatives.

SECTION 2 - TIME OF COMPLETION:

The contract time duration shall commence on the 15th calendar days following contract approval by the City of Lincoln City Council and shall be fully completed no later than 30 working days thereafter, or such additional time as may have been provided by change order, pursuant to the Contract Documents.

Time is of the essence of this agreement.

SECTION 3 - CONTRACT PRICE:

City shall pay Contractor for the full and complete performance of this contract the sum of ___________Dollars ($ ), subject to adjustments as provided in the Contract Documents.

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SECTION 4 - MONTHLY PROGRESS PAYMENTS:

Monthly progress payments shall be made in accordance with Article 23 of the General Conditions of these Contract Documents.

SECTION 5 - FINAL PAYMENT:

Final payment shall be made in accordance with Article 25 of the General Conditions of these Contract Documents.

SECTION 6 - ACCEPTANCE OF FINAL PAYMENT AS RELEASE:

The acceptance by the Contractor of final payment shall be and shall operate as a release to the City of any and all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and/or neglect of the City or others relating to or arising from the work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract or the performance and payment bonds required by this contract.

SECTION 7 - CONTRACT DOCUMENTS:

The complete contract between the parties hereto shall consist of the following documents herein referred to as the "Contract Documents":

Notice to Bidders Information for Bidders Bid Form Designation of Subcontractors This agreement Bidder’s Bond Payment Bond General Conditions Special Provisions Contract Drawing Technical Specifications Duly issued addenda Duly issued interpretations Supplemental Drawings issued pursuant to Article 4 of the General Conditions Shop Drawings and Manufacturers' Instructions approved pursuant to Article 5 of the General Conditions Approved Change Orders Contractors' Guarantee and Bond

Such documents, collectively referred to herein as the Contract Documents, hereby are incorporated herein by this reference and made a part hereof.

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IN WITNESS WHEREOF, the parties hereto executed this agreement the day and year first above written.

CITY: CITY OF LINCOLN

By: _______________________________ City Manager

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

Dated Dated

(SEAL)

CONTRACTOR:

Signature

Name

Official Title

Business Address

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CORPORATE CERTIFICATE

I, _________________, certify that I am the Secretary of the corporation named as Contractor in the foregoing contract; that ________________, who signed said contract on behalf of said corporation is authorized to fully bind the corporation to this agreement; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

(Signature)

(Seal)

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That

WHEREAS, the City Council of the City of Lincoln, State of California, has awarded to CONTRACTOR (hereinafter designated as "Principal") a contract for Beermann Plaza Trash Enclosure; and

WHEREAS, said Principal is required under the terms of said contact to furnish a bond for the faithful performance of said contract;

NOW, THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City of Lincoln (hereinafter called "Owner"), in the sum of _____________________DOLLARS ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless Owner, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force, virtue, and effect.

And said Surety for value received, thereby expressly acknowledges and agrees that no change, extension of time, forbearance or waiver, prepayment or delay in payment, alteration or addition to the terms of the Contract Documents, whether by virtue of the provisions for modifications contained therein or by separate agreement between the Contractor and the City of Lincoln, shall in any manner affect its obligations on this agreement, and said Surety hereby expressly waives notice of and consents to any such change, forbearance or waiver, extension of time, prepayment or delay in payment, alteration or addition. Said Surety hereby expressly acknowledges and agrees to be bound by the terms and conditions contained in the contract documents and any amendment and/or modifications thereto, and said contract documents, amendments and modifications are hereby incorporated in this performance bond as though fully set forth herein.

In the event suit is brought upon this bond by Owner and judgment is recovered, Surety shall pay all costs incurred by Owner in such suit, including a reasonable attorneys' fees to be fixed by the Court.

Death of the Principal shall not relieve Surety of its obligations hereunder.

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IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by Principal and Surety above named, on the _____________ day of _____________________, 2026.

_____________________________ (SEAL)

_____________________________ (SEAL)

PRINCIPAL

_____________________________ (SEAL)

_____________________________ (SEAL)

SURETY

NOTE:

Signatures of those executing for Surety must be properly acknowledged.

The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond. A copy of such power of attorney shall be on file with the Lincoln City Clerk.

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PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City Council of the City of Lincoln, State of California, and CONTRACTOR (hereinafter designated as "Principal") have entered into an agreement for the furnishing of all materials, labor, services, and transportation, necessary, convenient, and proper to Beermann Plaza Trash Enclosure which said agreement dated , and all of the Contract Documents attached to or forming a part of said agreement, are hereby referred to and made a part hereof; and

WHEREAS, pursuant to law, the Principal is required before entering upon the performance of the work, to file a good and sufficient bond with the body which awards the contract, to secure claims to which reference is made in Chapter 7 of Title 15 of the Civil Code of California.

NOW, THEREFORE, said Principal and the undersigned ___________________, as corporate surety, are held and firmly bound unto the City of Lincoln, and unto all laborers, material, men, and other persons referred to in said statutes, in the sum of _______ DOLLARS ($ ), lawful money of the United States, for the payments of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally by these presents.

The condition of this obligation is such that if the said Principal or any of his or its subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all or either of them, shall fail to pay any of the persons named in Civil Code section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the Surety herein will pay for the same in an amount not to exceed the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorneys' fee to be fixed by the Court.

This bond shall inure to the benefit of any of the persons named in Civil Code section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force, virtue and effect.

And said Surety for value received, hereby expressly acknowledges and agrees that no change, extension of time, forbearance or waiver, prepayment or delay in payment, alteration or addition to the terms of the Contract Documents, whether by virtue of the provisions for modifications contained therein or by separate agreement between the Contractor and the City of Lincoln, shall in any manner affect its obligations on this agreement, and said Surety hereby

V - 8 expressly waives notice of and consents to any such change, forbearance or waiver, extension of time, prepayment or delay in payment, alteration or addition.

Death of Principal shall not relieve Surety of its obligations hereunder.

IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____________________ day of _____________, 2026.

_____________________________ (SEAL)

_____________________________ (SEAL)

_____________________________ (SEAL)

Principal

_____________________________ (SEAL)

_____________________________ (SEAL)

_____________________________ (SEAL)

Surety

NOTE:

Signatures of those executing for Surety must be properly acknowledged.

The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond. A copy of such power of attorney shall be on file with the Lincoln City Clerk.

VI. GENERAL

CONDITIONS

VI - 1

GENERAL CONDITIONS

TABLE OF CONTENTS

Page

ARTICLE 1. DEFINITIONS AND PRINCIPLES OF

INTERPRETATION

Section 1.01 Section 1.02 Addendum/Addenda Section 1.03 Bid Section 1.04 City Council Section 1.05 Contract Documents Section 1.06 Contract Drawings or Plans Section 1.07 Contractor Section 1.08 City Section 1.09 City Engineer Section 1.10 City Inspector Section 1.11 Day Section 1.12 General Intent of Contract Documents Section 1.13 Harmonization of Various Parts of Contract Documents Section 1.14 Interpretations of Plans Section 1.15 Interpretations Section 1.16 Materials Section 1.17 Project Section 1.18 Project Engineer Section 1.19 Function of Project Engineer Section 1.20 Reference to Codes Section 1.21 Site Section 1.22 Special Provisions Section 1.23 Specifications Section 1.24 Subcontractor

ARTICLE 2. BONDS AND BONDING:

INDEMNIFICAITON AND INSURANCE

Section 2.01 Bonds: Time to Submit Section 2.02 Performance Bond Section 2.03 Labor and Materials Payment Bond Section 2.04 Guarantee Bond Section 2.05 Indemnification Section 2.06 Indemnification of Adjacent Property Owners Section 2.07 Insurance Section 2.08 Subcontractors’ Insurance Section 2.09 Effective Date of Policies Section 2.10 Workers’ Compensation and Employers’ Liability Insurance Section 2.11 Posting at Site

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Section 2.12 Liability Insurance A. Scope of Insurance and Required Endorsements B. Additional Requirements-Claims Made Policies

Section 2.13 Builders’ Risk Insurance (NOT USED)

ARTICLE 3. TIME OF WORK

Section 3.01 Schedule of Work and Cost Breakdown Section 3.02 List of Materials and Schedule of Unavailable Materials Section 3.03 Approval of Progress Schedule and Materials List Section 3.04 Commencement of Work Section 3.05 Time of Essence Section 3.06 Date of Completion Section 3.07 Extensions of Time Section 3.08 Notice of Delays Section 3.09 Investigation Section 3.10 Discretionary Time Extensions for Best Interest of City Section 3.11 Liquidated Damages Section 3.12 Extension of Time Not a Waiver Section 3.13 Suspensions Exceeding One Year Section 3.14 Effect of Stop Work Notice

ARTICLE 4. INTERPRETATION OF DRAWINGS AND

SPECIFICATIONS

Section 4.01 Sections of Drawings and Specifications Section 4.02 Coordination of Drawings, Specifications, and Work Section 4.03 Interpretation and Additional Instructions

A. Notification by Contractor B. Additional Detailed Instructions

Section 4.04 Dispute as to Contract Requirements Section 4.05 Supplemental Drawings Section 4.06 Contractor’s As-Built Drawings

ARTICLE 5. SHOP DRAWINGS AND MANUFACTURERS’

INSTRUCTIONS

Section 5.01 Shop Drawings and Manufacturers’ Instructions Section 5.02 Submission of Shop Drawings Section 5.03 Review of Shop Drawings Section 5.04 Shop Drawings Showing Variation from Contract Section 5.05 Effect of Review of Shop Drawings

ARTICLE 6. MATERIALS AND PRODUCTS

Section 6.01 Quality of Materials and Products Section 6.02 Better Material or Process…