City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01044 6/10/2025 Item 2.
Contract: 35th Avenue Department of Utilities (DOU) Tool Building Roof Replacement (Z14140600)
File ID: 2024-01044
Location: 1391 35th Avenue, District 5
Recommendation: Pass a Motion 1) awarding a construction contract to Pacific Polymers, Inc, DBA American Foam Experts, the lowest responsive and responsible bidder, in an amount not to exceed $259,818 for the 35th Avenue Department of Utilities (DOU) Tool Building Roof Replacement; and 2) authorizing the Interim City Manager or designee to execute the contract specified above.
Contact: Norm Colby, Facilities & Real Property Superintendent, [email protected], (916) 808-8335; James Christensen, Facilities Manager, [email protected], (916) 808-5863; Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Contract- Pacific Polymers, Inc. DBA American Foam Experts Description/Analysis
Issue Detail: The existing roof of the 35th Avenue Tool Building is nearing the end of its useful life and requires replacement. The recommended contract with Pacific Polymers, Inc. DBA American Foam Experts (Pacific Polymers, Inc.) will include partial removal of the existing roof system and related components, and the application of a Tremco Tri-Polymer Alloy (TPA) Membrane Roof that will be adhesively attached to the building.
Policy Considerations: The recommendations in this report are in accordance with the provisions of the City Code Chapter 3.56, which requires City Council approval for contracts over $250,000 or more.
Economic Impacts: The recommended contract is expected to create 1.92 jobs (1.22 direct jobs and .70 job through indirect and induced activities) and create $253,717 in total economic output ($162,639 of direct output and another $91,078 of output in indirect and induced activities).
File ID: 2025-01044 6/10/2025 Item 2.
The indicated economic impacts are estimates calculated using a calculation tool developed by the Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN input-output model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impacts could differ significantly from the estimates and neither the City of Sacramento nor CSER shall be held responsible for consequences resulting from such differences.
Environmental Considerations: California Environmental Quality Act: No environmental review is necessary because the recommendations in this report involve the repair of an existing structure with no expansion beyond the previously existing level of use and are therefore considered to be an exempt project or activity in accordance with Section 15301 of the CEQA Guidelines.
Sustainability: None.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Replacement of the existing roof of the 35th Avenue Tool Building was identified as a priority by DOU and the Public Works Department’s Facilities Division and was included in DOU’s deferred maintenance project list for FY2024/25. On March 19, 2025, the Department of Public Works issued Invitation for Bid (IFB) No. B25014541002. Seven bids were received, six of which were determined to be responsive in meeting the minimum local business enterprise (LBE) participation requirement. One of the contractors failed to list any subcontractors or suppliers to meet the LBE participation requirement. Pacific Polymers, Inc. was determined to be the lowest responsive and responsible bidder. Work is anticipated to begin on site in June of 2025 if the weather conditions are optimal.
The results of IFB No. B25014541002 are listed in the table below.
CONTRACTOR Bid Amount
Pacific Polymers, Inc. dba American Foam Experts $259,818 Madsen Roofing & Waterproofing, Inc. $273,499
Mountain Roofing Systems $276,222
Clark Roofing Inc. $288,700
DK Enterprises, Inc. dba King’s Roofing $297,830
MCM Roofing Company, Inc. $319,000
Heagly Construction Improvements, Inc. * $345,480
*Did not meet the minimum LBE participation requirement. th
File ID: 2025-01044 6/10/2025 Item 2.
Financial Considerations: Sufficient funding exists in the 35th Ave Tool Room Bldg Roof (Z14140600) to award a construction contract to Pacific Polymers Inc. in an amount not to exceed $ 259,818. and meet other project costs
Local Business Enterprise (LBE): Pacific Polymers, Inc. dba American Foam Experts is an LBE.
Form approved by City Attorney 6-23-23 1
AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification , 2025, is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and PACIFIC POLYMERS, INC. DBA AMERICAN FOAM EXPERTS, 11500 Twin Cities Rd., Galt, CA 95632, (“Contractor”) in the amount of TWO HUNDRED FIFTY -NINE THOUSAND EIGHT HUNDRED EIGHTEEN DOLLARS AND ZERO CENTS ($259,818.00)
The City and Contractor hereby mutually agree as follows:
1. CONTRACT DOCUMENTS
The Contract Documents, sometimes also referred to as the “Contract,” consist of the following items, which are hereby incorporated by reference as if set forth in full in this Agreement:
Notice to Contractors
Proposal Form submitted by the Contractor
Instructions to Bidders
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Workers’ Compensation Insurance Certification
Federal or State funding requirements (if applicable)
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to the “Standard Specifications” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on November 10, 2020 (Resolution No. 2020-0354), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager . Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings co ntained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretation of the provisions to which they refer.
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2. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.
3. AGREEMENT CONTROLS
In the event of a conflict between any of the terms and conditions set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail, except that the provisions of any duly authorized change order shall prevail over any conflicting provisions of this Agreement.
4. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor , material, and transportation necessary to perform and complete in a good and workmanlike manner to the satisfaction of City, all the Work called for in the Contract Documents entitled:
35 th Avenue DOU Tool Building Roof Replacement
Z14140626
Including the Work called for in the following alternative bid items described in the Proposal Form:
NONE
Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.
5. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay, and Contractor agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents, a total sum that shall not exceed the total bid amount set forth in Contractor’s Proposal Form . In addition, subject to deductions, withholdings, and additions as specified in the Contract Documents , payment for individual items of the Work shall be computed as follows:
A. For items of the Work for which a lump sum price is specified in Contractor’s Proposal Form , Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item Form approved by City Attorney 6-23-23 3
performed and/or furnished and incorporated in the Work ; provided that in no event shall the total sum for a unit price item exceed the total bid amount set forth for such item in the Contractor’s Proposal Form, unless authorized by Change Order.
6. PROGRESS PAYMENTS
Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows:
A. On or about the first of the month, the Engineer shall present to the Contractor a statement showing the amount of labor and materials incorporated in the Work through the twentieth (20) calendar day of the preceding month . After both Contractor and Engineer approve the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for ninety-five (95) percent of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations.
B. No inaccuracy or error in said monthly estimates shall operate to release Contractor from damages arising from such Work or from enforcement of each and every provision of the Contract Documents, and City shall have the right subsequently to correct any error made in any estimate for payment.
C. Contractor shall not be paid for any defective or improper Work.
D. The remaining five (5) percent of the value of the Work performed under the Contract, if unencumbered and subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations, shall be released not later than sixty (60) days after completion and final acceptance of the Work by City. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising under the Contract Documents, except for disputed claims in stated amounts that the Contractor specifically reserves in writing , but only to the extent that the Contractor has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) under the Contract Documents. Contractor shall be entitled to substitute securities for retention or to direct that payments of retention be made into escrow, as provided in Public Contract Code Section 22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.
E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code Section 20104.50, the date that the City receives a statement jointly approved by the Contractor and the Engineer as provided above shall be deemed to constitute the date that City receives an undisputed and properly submitted payment request from the Contractor. Progress payments not made within 30 days after this date may be subject to payment of interest as provided in Public Contract Code Section 20104.50.
Form approved by City Attorney 6-23-23 4
F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.
7. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract or any applicable Laws or Regulations, City is authorized or required to withhold, deduct, or charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate(s), or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges, City shall have the right to recover the balance from Contractor or its Sureties.
8. COMMENCEMENT AND PROSECUTION OF WORK
Contractor shall commence the Work not later than fifteen (15) working days after the date of the written Notice to Proceed from City to Contractor and shall diligently prosecute the W ork t o final completion. The phase “ commence the W ork” means to engage in a continuous program on- site including, but not limited to, site clearance, grading, dredging, land filling and the fabrications, erection, or installation of the Work.
The Notice to Proceed shall be issued within fifteen (15) calendar days following execution of the Agreement by the City and the filing by Contractor of the required Bonds and proof of insurance, provided that the Engineer may delay issuance of the Notice to Proceed if the Engineer determines in the Engineer’s sole discretion that conditions on the site of the Work are unsuitable for commencement of the Work . After the Notice to Proceed is issued, the continuous prosecution of Work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.
9. TIME OF COMPLETION
The entire Work shall be brought to completion in the manner provided for in the Contract Documents on or before SIXTY (60) CALENDAR days from the date of the Notice to P roceed (hereinafter called the “ Completion Date”) unless extensions of time are granted in accordance with the Contract Documents.
Failure to complete the entire Work by the Completion Date and in the manner provided for in the Contract Documents shall subject Contractor to liquidated damages as provided in this Agreement. Time is and shall be of the essence in the performance of the Contract and the Work.
10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or not the unsatisfactory character of such work or material was apparent or detected at the time such payment was made.
Form approved by City Attorney 6-23-23 5
11. ACCEPTANCE NOT RELEASE
Contractor shall correct immediately any defective or imperfect work or materials that may be discovered before final acceptance of the entire Work, whether or not such defect or imperfection was previously noticed or identified by the City . The inspection of the Work, or any part thereof, shall not relieve Contractor of any of its obligations to perform satisfactory work as herein specified.
Failure or neglect on the part of City or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials , if such defect or imperfection becomes evident at any time prior to final acceptance of the entire Work, nor shall such failure or neglect be construed as barring City from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of money as may be required to repair or rebuild the defective or imperfect work or materials whenever City may discover the same , subject only to any statu tes of limitation that may apply to any such claim.
12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART
The City shall have the right at any time to enter upon the Work and perform work not covered by this Contract, or to occupy and use a portion of the Work, prior to the date of the final acceptance of the Work as a whole, without in any way relieving Contr actor of any obligations under this Contract.
13. NO WAIVER OF REMEDIES
Neither the inspection by City , its officers, employees or agents, nor any certificate or other approval for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City, its officers, employees or its agents shall operate as a waiver of any provision of the Contract Documents nor of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in the Contract Documents shall be taken and construed as cumulative; in addition to each and every other remedy herein provided, the City shall have any and all equitable and legal remedies that it would in any case have.
14. WARRANTY
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the City. Contractor shall repair or replace all work or material, toge ther with any other work or material that may be displaced or damaged in so doing, that may prove Form approved by City Attorney 6-23-23 6
defective in workmanship or material within this one-year warranty period without expense or charge of any nature whatsoever to City.
In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition th at constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair.
The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City.
In addition to the above, the Contractor shall make a written assignment of all manufacturer’s and other product warranties to the City, prior to completion and final acceptance of the Work by City.
The Contractor’s Performance Bond shall secure the performance of the Contractor’s obligations under this Section 14 , and the Contractor and its Surety shall be jointly and severally liable for these obligations.
15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion thereof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and /or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon completion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof, and shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.
Form approved by City Attorney 6-23-23 7
B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of $ 1,000.00 a day for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable) , continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.
The parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquidated damages from the Completion Date (as extended in accordance with the Contr act Documents, if applicable) until the date of completion of the entire Work as determined by the Engineer in accordance with Section 8-4 of the Standard Specifications, whether or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.
C. In the event Contractor shall become liable for liquidated damages, City, in addition to all other remedies provided by law, shall have the right to withhold any and all payments that otherwise would be or become due Contractor until the liability of Contractor under this section is finally determined. City shall have the right to use and apply such payments, in whole or in part, to reimburse City for all liquidated damages due or to become due to City. Any remaining balance of such payments shall be p aid to Contractor only after discharge in full of all liability incurred by Contractor under this section or otherwise under any provision of the Contract Documents or any applicable Law or Regulation. If the sum so retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor shall continue to remain liable to City until all such liabilities are satisfied in full.
No failure by City to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the City’s right to withhold payment for such liabilities.
16. INDEMNITY AND HOLD HARMLESS
A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonably incurred by City’ s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform the Work by the Contractor, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are Form approved by City Attorney 6-23-23 8
caused in part by a party indemnified hereunder , or (ii) such Liabilities are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, or (ii) the active negligence of City.
B. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 16, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 16 shall survive any expiration or termination of the Contract.
17. CONTRACTOR SHALL ASSUME RISKS
Until the completion and final acceptance by City of all Work under this Contract, the Work shall be under Contractor's responsible care and charge, and Contractor, at no cost to City, shall rebuild, repair, restore and make good all injuries, damages, re- erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work.
18. GENERAL LIABILITY OF CONTRACTOR
Except as otherwise herein expressly stipulated, Contractor shall perform all the Work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner and within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be solely for the purpose of explanation.
19. INSURANCE
During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 19.
Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Work performed by Contractor under this Contract. No additional compensation will be provided for Contractor’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
Form approved by City Attorney 6-23-23 9
A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than two million dollars ($2 ,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1 ,000,000) per accident. The policy shall provide coverage for owned, non- owned, and/or hired autos as appropriate to the operations of the Contractor.
No automobile liability insurance shall be required if Contractor completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this agreement.” ________ (Contractor initials)
(3) Excess Insurance : The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall apply on a primary basis for the benefit of the CITY, and any insurance or self- insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it.
(4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers’ Compensation policy shall include a waiver of subrogation in favor of the City.
No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
Form approved by City Attorney 6-23-23 10
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________
(Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors.
(2) Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers. Any insurance or self- insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers.
(3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:VI. Self- insured retentions, policy terms or other variations that do not comply with the requirements of this Section 3 must be declared to and approved by the City in writing prior to execution of this Contract.
E. Verification of Coverage
Form approved by City Attorney 6-23-23 11
(1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:
City of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Con tractor otherwise ceases to be insured as required herein.
F. Subcontractors
Contractors shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.
20. FAILURE TO MAINTAIN BONDS OR INSURANCE
If, at any time during the performance of this Contract, Contractor fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, Contractor shall immediately suspend all work under the Contract and notify City in writing of such failure. After such notice is provided, or if City discovers such failure and notifies Contractor, the City thereafter may withhold all Contract payments due or that become due until notice is received by City that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the Division of Risk Management. Contractor shall not resume work until notified by City to do so , and the City shall have no responsibility or liability for any costs incurred by Contractor as a result of such suspension of Work.
In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at any time during the performance of this Contract will be sufficient cause for termination of the Contract by City.
Form approved by City Attorney 6-23-23 12
The Contractor shall be solely responsible for, and shall defend, indemnify, and hold harmless the City, its officers, employees and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or terminatio n of the Contract under the provisions of this Section.
21. EXCUSABLE DELAYS
For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by : acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of public utility service.
The term "Excusable Delay" shall specifically not include: (i) any delay that could have been avoided by the exercise of care, prudence, foresight and diligence on the part of Contractor; (ii) any delay in the prosecution of any part of the Work that does not constitute a Controlling Operation, whether or not such delay is unavoidable; (iii) any reasonable delay resulting from time required by City for review of any Contractor submittals and for the making of surveys, measurements and inspection; and, (iv) any delay arising from an interruption in the prosecution of the Work on account of reasonable interference by other Contractors employed by City that does not necessarily prevent the completion of the entire Work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as dete rmined by City) and shall not under any circumstances increase the amount City is required to pay Contractor except as otherwise provided in these Contract Documents.
22. CONTRACTOR TO SERVE NOTICE OF DELAYS
Whenever Contractor foresees any delay in the prosecution of the Work, and in any event as soon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrence of any delay that Contractor regards as or may later claim to be an Excusable Delay, the Contractor shall notify the Engineer in writing of such delay and its cause, in order that the Engineer : (i) may take immediate steps to prevent if possible the occurrence or continuance of the delay ; or (ii) if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the Work are delayed thereby. Said written notice shall constitute an application for an extension of time only if the notice requests Form approved by City Attorney 6-23-23 13
such an extension and sets forth the Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.
After the completion of any part or whole of the Work, the Engineer, in estimating the amount due Contractor, will assume that any and all delays that may have occurred in its prosecution and completion were not Excusable Delays, except for such delays for which the Contractor has provided timely written notice as required herein, and that the Engineer has found to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delay for which the Contractor failed to provide such timely written notice.
23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension. During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.
If the City extends the time to complete the Work as provided herein, such extension shall in no way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties of the Bonds provided pursuant to the Contract Doc uments. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extension of time. The granting of any extension of time as provided herein shall in no way operate as a waiver on the part of City of its rights under this Contract, excepting only extension of the Completion Date for such period of Excusable Delay as may be determined by the Engineer and approved by a duly authorized change order.
24. NO PAYMENT FOR DELAYS
No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the Work whether or not such delays qualify for extension of time under this Agreement; except that this provision shall not preclude the recovery of damages for a delay caused by the City that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the Contractor timely submits all such written notice(s) and fully complies with such other procedures as may be specified in the Contract Documents or any Laws or Regulations for Contractor to claim damages for such delay.
25. CHANGES IN THE WORK
Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason thereof shall not in any way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such changes in the Work relieve or release the Sureties on Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such change in Work and to any extension of time made by reason thereof.
Form approved by City Attorney 6-23-23 14
26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents ), by providing a written notice to Contrac tor specifying the date of termination. Such notice also may specify conditions or requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.
In addition to any other charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if City terminates the Contract pursuant to this section, City may withhold and deduct from any payment and/or retention funds otherwise due Contractor any sum necessary to pay the City's cost of completing or correcting, or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the City or that otherwise are deficient or require correction as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the City’s direct and indirect costs incurred to complete or correct such services or work, including the City’s administrative and overhead costs. If the amount of payment(s) and/or retention funds otherwise due the Contractor are insufficient to pay such costs, City shall have the right to recover the balance of such costs from the Contractor and/or its Surety(ies).
27. TERMINATION FOR CONVENIENCE
Upon written notice to the Contractor, the City may at any time, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract for the convenience of City. In such case, the Contractor shall be paid (without duplication of any items, and after deduction and/or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Law s or Regulations):
A. For Work executed in accordance with the Contract Documents prior to the effective date of termination and determined to be acceptable by the Engineer , including fair and reasonable sums for overhead and profit on such Work;
B. For reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others; and
C. For reasonable expenses directly attributable to termination.
Form approved by City Attorney 6-23-23 15
Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contra ctor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The City shall be entitled to have any or all remaining Work performed by ot her contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.
28. TERMINATION FOR BREACH OF CONTRACT
If Contractor abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the City, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contract in respect to the rate of progress of the Work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if Contracto r refuses or fails to supply enough properly skilled labor or materials or refuses or fails to make prompt payment to subcontractors for material or labor, or if Contractor disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City may give Contractor and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.
In the event that such notice is given, and, in the event such situation is not corrected, or arrangements for correction satisfactory to the City are not made, within ten (10) calendar days from the date of such notice or within such other period of time as may be specified by the City in the notice, the Contract shall upon the expiration of said period cease and terminate. In the event of any such termination, City may take over the Work and prosecute the Work to completion, or otherwise, and the Contractor and its Sureties shall be liable to City for any cost occasioned City thereby, as hereinafter set forth.
In the event City completes the Work, or causes the Work to be completed, no payment of any kind shall be made to Contractor until the Work is complete. The cost of completing the Work, including but not limited to, extra costs of project administration and management incurred by City, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to Contractor from City. If sums due to Contractor from City are less than the cost of completing the Work, Contractor and its Sureties shall pay City a sum equal to this difference on demand. In the event City completes the Work, and there is a sum remaining due to Contractor after City deducts the costs of completing the Work, then City shall pay such sum to Contractor. The Contractor and Contractor’s Sureties shall be jointly and severally liable for all obligations imposed on Contractor hereunder.
No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to Form approved by City Attorney 6-23-23 16
this section upon the happening of any prior default or breach of Contractor, shall be construed to be a waiver or esto ppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.
29. CONTRACTOR BANKRUPT
If Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged a bankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.
30. SURETIES’ OBLIGATIONS UPON TERMINATION
If the City terminates the Contract pursuant to Section 28 or Section 29 above:
A. The Surety under Contractor’s performance bond shall be fully responsible for all of the Contractor’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract, including without limitation Contractor’s obligations, as provided in the Contract Documents, to complete and provide a one-year warranty of the entire Work , pay liquidated damages and indemnify, defend and hold harmless City, up to the full amount of the performance bond.
B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, services, equipment, or materials performed or provided in connection with the Work or any portion thereof, up to the full amount of the payment bond.
31. ACCOUNTING RECORDS OF CONTRACTOR
During performance of the Contract and for a period of three (3) years after completing the entire Work, Contractor shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices and shall keep and make such records available for inspection and audit by representatives of the City upon reasonable written notice.
Form approved by City Attorney 6-23-23 17
32. USE TAX REQUIREMENTS
During the performance of this Agreement, CONTRACTOR, for itself, its assignees, and successors in interest, agrees as follows:
A. Use Tax Direct Payment Permit : For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equalization (“SBE”) in accordance with the applicable SBE criteria and requirements.
B. Sellers Permit: For any construction contract and any construction subcontract in the amount of $5,000,000 or more, Contractor and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and use tax to the City. Contractor and its subcontractors shall remit the self- accrued use tax to the SBE, and shall provide a copy of each remittance to the City.
C. The above provisions shall apply in all instances unless prohibited by the funding source for the Agreement.
33. NON-DISCRIMINATION IN EMPLOYEE BENEFITS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.54, Non -Discrimination in Employee Benefits by City Contractors. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter
3.54, entitled “Requirements of the Non- Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.5 4 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT
APPLICATION PROCESS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacr amento City Code Chapter 3.62, entitled “Ban- The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents Form approved by City Attorney 6-23-23 18
that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equ itable remedies. Contractor agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.
Form approved by City Attorney 6-23-23 19
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set for opposite their names.
CONTRACTOR
Under penalty of perjury, I certify that the
taxpayer identification number and all other
information provided here are correct.
DATE BY_________________________________ ____________________________________
Print Name
____________________________________
Title
BY_________________________________
___________________________________
Print Name
____________________________________
Title
DIR Registration #
____________________________________
Federal ID#
____________________________________
State ID#
____________________________________
City of Sacramento Business Operation Tax
Certificate No. (City will not award contract
until Certificate Number is obtained)
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
CITY OF SACRAMENTO
a municipal corporation
DATE BY _________________________________ For: Leyne Milstein, Interim City Manager
Original Approved As To Form: Attest:
City Attorney City Clerk
CITY OF SACRAMENTO BID PROPOSAL
Department of Public Works
Facility Maintenance Division Page 1 of 3
TO THE HONORABLE CITY COUNCIL
SACRAMENTO, CALIFORNIA:
In compliance with the Contract Documents, the undersigned hereby proposes to furnish all required labor, materials, supervision, transportation, equipment, services, taxes and incidentals required for:
35th Avenue DOU Tool Building Roof Replacement
Z14140626
in the City and County of Sacramento, California.
The Work is to be done in strict conformity with the Contract Documents now on file in the office of the City Clerk, for the following BID ITEMS:
A.) Lump Sum Items - Cost of permitting, constructing, mobilization, demobilization, overhead, insurance and other appropriate costs for the installation of work identified on the attached drawings and specifications with Contractor supplied equipment and appurtenances as shown on the contract documents for the himp sum of:
Two Hundred Fifty Nine Thousand Eight Hundred Eighteen Dollars and Zero Cents 35th Ave Tooi Building Roof Replacement Dollars ($ 259,818.00 ).
B. ALTERNATES, IF APPLICABLE:
The Contractor shall price the following Alternative(s), if applicable, stating the amount to be added or deducted from the Base Bid Proposal. The City reserves the right to award the Agreement on the basis of the Base Bid Proposal alone, or with a combination of one or more of the Alternative(s). Failure on the part of any Contractor to list the Alternative(s) may be cause for rejection of the Bid Proposal.
NONE
If awarded the Agreement, the undersigned agrees to sign said Agreement and furnish the necessary surety bonds and insurance certificates within ten (10) days after receipt of the notice of award of
Agreement, and to begin work within fifteen (15) days after receipt of the Notice to Proceed by the City.
It is understood that this Bid Proposal is based upon completion of the Work within the time set forth in the schedule section.
CITY OF SACRAMENTO BID PROPOSAL
Department of Public Works
Facility Maintenance Division Page 2 of 3
The undersigned has examined the location of the proposed Work, the local conditions at the place where the Work is to be done, is familiar with the Contract Documents and is familiar and exi4ssly agrees to the liquidated damages provision of the Contract Documents.
The undersigned has checked carefully all of the foregoing figures and understands that the City of Sacramento will not be responsible for any errors or omissions on the part of the undersigned in making up this Bid Proposal.
Enclosed is Bid Proposal Guarantee, as required, consisting of a bidder's bond or other acceptable security for not less than ten percent (10 %) of the amount Bid Proposal.
The undersigned agrees that all addenda received and acknowledged herein shall become a part of and be included in this Bid Proposal. This Bid Proposal includes the following addenda:
Add. # 1 DATE April 02, 2025
Add. # 2 DATE April 03, 2025
Add. # 3 DATE April 09, 2025
Add.# DATE
NOTE: State whether your concern is a corporation, a co-partnership, private individual, or individuals doing business under a firm name.
Corporation
If the Bidder is a corporation, the Bid Proposal must be executed in the name of the corporation and must be signed by a duly authorized officer of the corporation.
If the Bidder is a partnership, the Bid Proposal must be executed in the narne of the partnership and one of the partners must subscribe their signature thereto as the authorized representative of the partnership.
FOR CITY USE ONLY
BID BOND SECURITY
O Properly Signed
O Improperly Signed
O Not lncluded
O Not Required
TYPE OF DEPOSIT
a Bid Bond
O Cashier/Certified Check
O Other
CITY OF SACRAMENTO BID PROPOSAL
Department of Public Works
Facility Maintenance Division Page 3 of 3
AMOUNT OF BID PROPOSAL GUARANTEE ENCLOSED:
($ 25,981.80 ) not less than ten percent (Wok) of amount Bid Proposal CONTRACTOR: Pacific POlymerS, Inc.
DBA American Foam Experts
By:
(Signature)
Bobby Stepps
(Print or Type)
Title President
Address 11500 Twin Cities Road
Galt, CA 95632
Telephone No. 209-748-2662
Fax No. 209-748-2503
EMAIL ADDRESS [email protected]
Date 04/15/2025
PLEASE PRINT CLEARLY AS BID RESULTS WILL BE SENT VIA EMAIL Contractor's License No. 969486 Type C-39 Roofing
Expiration Date 01/31/2026
Tax I.D. Nos. - Fed. 45-2978152 State 3427419
City of Sacramento Business Operation Tax Certificate No. 1046657 (Certificate Number will need to be in place prior to execution of the contract) DIR Registration No. 1000026412
•For any person or entity who submits a Bid ProposaL all such inforrnation shall be subinitted under penalty of perjury.
REQUIREMENTS FOR THE LOCAL BUSINESS ENTERPRISE PROGRAM
(LBE Program)
1. INTRODUCTION
The City of Sacrarnento has a Local Business Enterprise (LBE) Program to provide enhanced opportunities for local businesses to participate in the City's procurement and contracting activities. The Program began with an LBE Preference for bid and proposal evaluation. The Program was then expanded to require minimum LBE Participation levels in specific procurement opportunities.
2. APPLICATION
As summarized in the table below, there are two components to the LBE Program:
a. LBE Preference: For certain contracts, a 5% LBE Preference is applied during the bid evaluation process.
b. LBE Participation Requirement: For certain contracts, a minimum 5% LBE participation level is required for a bidder to be considered responsive.
Contracts Under $250,00() Contracts $250,000 or more
Goods
Non-
Professional
Services
Professional
Services
Public
Projects Goods
Non-
Professional
Services
Professional
Services
Public
Projects
Apply 5% LBE
Preference* YES YES YES YES NO NO YES NO
Apply 5%
Minimum LBE
Participation
Requirement
NO NO NO NO NO YES YES YES
* LBE Preference only applies if the p oposed prime contractor qualifies as an LBE.
Local Business Enterprise: A Local Business Enterprise ("LBE") means a business enterprise, including but not limited to, a sole proprietorship, partnership, limited liability company, corporation, or other business entity that has a "legitimate business presence" within City limits or the unincorporated area of Sacramento County.
A "legitimate business presence" within City limits or the unincorporated area of Sacramento County means:
a. An established business entity operating within the selected areas for at least 12 consecutive months prior to submission of bid; and
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
b. Legally operating a location in the City of Sacramento or unincorporated areal of Sacramento County that is either:
(1) a principal business office or workspace; or
(2) a regional, branch, or satellite office with at least one full-time employee.
To qualify as an LBE, firms must meet these two requirements prior to the deadline for submission of bids or proposals. Upon the request of the City, firms shall provide proof of legally operating a location within City limits or the unincorporated County with the following documents:
- Tax returns for the business;
- Utility bill in the name of the business;
- Business license; and/or
Secretary of State filings.
Exceptions from LBE Preference and Participation Requirements The LBE Program does not apply to procurement processes for contracts funded with federal funds, goods or services purchased through cooperative purchase agreements, or contracts entered into in response to a declared emergency.
3. LBE PREFERENCE
For contracts under $250,000, firms that qualify as an LBE will receive a 5% preference on all City procurement opportunities. For professional service contracts only, this preference also applies to procurement opportunities of $250,000 or more. The proposed prime contractor must qualify as an LBE to receive LBE preference points. Utilizing an LBE subcontractor is not a basis for receiving LBE preference points.
For contracts to be awarded in response to a solicitation for bids, a bid or quotation submitted by a firm that qualifies as an LBE will receive a 5% bid evaluation preference for the purpose of determining the lowest responsible bidder. This means that, for bid evaluation purposes, the total price bid by an LBE shall be reduced by 5%. However, this reduction only applies for bid evaluation purposes, and the resulting contract or purchase order will reflect the actual amount bid by the LBE.
For contracts awarded in response to a solicitation for proposals or qualifications, a firm that qualifies as an LBE shall receive additional points during the scoring process, so the final score I "Unincorporated area" generally refers to the part of a county that is not part of any city. The unincorporated area of Sacramento County does not include the cities of Citrus Heights, Elk Grove, Folsom, Galt, lsleton, Rancho Cordova, Rancho Cordova, and Sacramento.
(see https://www.saccountv.gov/Government/Pages/CitieswithintheCourrtv.asex).
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
awarded to the LBE is increased by 5% of the total possible evaluation points.
The City Manager does not have the authority to waive the application of the LBE Preference.
Only the City Council can waive the application of the LBE Preference. No waiver is required for procurements that are otherwise excluded from the LBE Program (as listed above), including federally funded purchases.
4. LBE PARTICIPATION REQUIREMENT
For non-professional service, professional service, and public project contracts of $250,000 or more, a minimum 5% LBE participation level is required. To receive credit for the 5% minimum participation requirement, bidderš mu5t either (a) bp an LRE, or (b) subcontract with a qualified LBE.
Under City Code section 3.60.270, when the City establishes a minimum participation level for LBE's on a contract, no contractor shall be considered responsive unless its bid or proposal meets the minimum LBE participation level required.
The City Manager (or designee) has the authority to waive or reduce the LBE Participation requirements on some procurement opportunities prior to acceptance of bids or proposals.
PARTICIPATION LEVEL
LBE Participation: The percentage of LBE participation is determined based on the dollar value of the work to be performed. LBE credit may be obtained by utilizing LBE qualified subcontractors or suppliers, as outlined below.
Participation Credit: To receive credit for LBE participation:
1. An LBE contractor or subcontractor must: (1) be responsible for the execution of a distinct element of the work; (2) possess any license or certification required for the work; and (3) actually perform, manage, or supervise the work without subcontracting or otherwise shifting any portion of the work to another subcontractor.
2. An LBE supplier must: (1) furnish materials or equipment that the supplier sells as a recurring, although not necessarily primary, part of its business; and (2) the materials or equipment must be necessary for performance of the work.
Suppliers: Credit for an LBE supplier of materials or equipment is counted as 100% of the amount paid to the supplier for the materials or equipment. To receive this credit, LBE Suppliers must be listed on a Subcontractor and LBE Participation Verification Form and submitted with a bid or proposal.
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
Subcontractors (including Truckers): To receive credit for an LBE subcontractor, the subcontractor must be listed on a Subcontractor and LBE Participation Verification Form and submitted with a bid or proposal.
Truckers: Credit for an LBE trucker is counted as 100% of the amount paid to the trucker for trucking/hauling services, not including any amount paid to the Trucker for the cost of any materials or equipment being transported by the Trucker.
CONTRACTOR AND SUBCONTRACTOR REQUIREMENTS2
LBE Records: The Contractor shall maintain records of all subcontracts with verified LBE subcontractors and records of materials purchased from verified LBE suppliers for one year after receiving final payment from the City. Such records shall show the name and business address of each LBE subcontractor or supplier and the total dollar amount actually paid to each LBE subcontractor or supplier.
No later than 30 days after completion of the work performed under the contract, a summary of these records shall be prepared, certified correct by the Contractor's authorized representative and furnished to the City. The Contractor shall provide such other information, records, reports, certifications or other documents as may be required by the City, to determine compliance with any provision of the LBE Program or these specifications.
Performance of LBE Subcontractors and Suppliers: The LBE subcontractors and suppliers listed by the Contractor shall perform the work and supply the materials or equipment for which they are listed on the Subcontractor and LBE Participation Verification Form, unless the Contractor has received prior written authorization from the City to perform the work with other forces or to obtain the materials or equipment from other sources. Reasons for requesting such authorization would include:
1. The listed LBE subcontractor or supplier fails to execute a written contract based upon the general terms, conditions, plans, and specifications for the project.
2. The listed LBE subcontractor or supplier becomes bankrupt or insolvent.
3. The listed LBE subcontractor or supplier fails to meet the bond requirements of the Contractor.
4. The work performed or the materials or equipment provided by the listed LBE subcontractor or supplier are unsatisfactory or are not in accordance with the plans and specifications.
5. The listed LBE subcontractor or supplier fails to perform its contractual obligations. 2 These requirements only apply to the LBE Participation component of the LBE Program CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
6. It would be in the best interest of the City.
Subcontractor Substitution: No substitution of an LBE subcontractor shall be made at any time without compliance with the Subletting and Subcontracting Fair Practices Act. If an LBE subcontractor is unable to perform successfully and is to be replaced, the Contractor shall make reasonable efforts to replace the original LBE subcontractor with another verified LBE subcontractor. The new LBE subcontractor must be verified at the time of substitution.
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
Reporting and Utilization Requirements and Sanctions: Failure to provide specific information, records, reports, certifications or any other documents required for compliance with these specifications, or failure to utilize one or more LBE's in substantial compliance with the LBE utilization indicated in the Contractor's bid or proposal (unless otherwise authorized by the City as provided herein, or when such failure results from changes to the work approved by the City), shall be considered a breach of the contract.
A deduction may be made from the contract amount and the deduction shall not be more than 10% of the value of the work or materials or equipment that the subject LBE(s) were listed to perform or provide in the Contractor's bid or proposal. Deduction shall be made from any payment due the Contractor. This is in addition to any deduction that may be made under any other provision of the Contract, the Sacramento City Code, or State law.
Hearing and Review of Division Manager Decision: Prior to making a deduction pursuant to the Reporting and Utilization Section above, the City shall provide written notice of the proposed deduction to the Contractor. The Contractor may, no later than 5 working days after receiving such notice, provide a written request to the City for a hearing to contest the proposed deduction. Upon receipt of a timely written request from the Contractor, the City shall schedule a hearing before the Division Manager (as defined in the City's Standard Specifications for Public Construction), and written notice of the date, time, and location of the hearing shall be provided to the Contractor not less than 5 working days prior to the date of the hearing.
The hearing shall be conducted in the manner specified in Section 4-8 of the Standard Specifications, and the Division Manager shall prepare and forward to the Contractor a written decision as soon as practicable after the hearing. The Division Manager's decision shall be subject to review in accordance with the provisions of Section 4-9 of the Standard Specifications. Failure to request such review in compliance with the requirements set forth in Section 4-9 shall constitute acceptance of the Division Manager's decision by the Contractor.
Written Notices: The written notices and request described above shall be provided by registered or certified mail (return receipt requested), by personal delivery, or by any other method that provides reliable evidence of the date of receipt. Written notice provided by personal delivery shall be deemed received on the date of delivery.
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
LOCAL BUSINESS ENTERPRISE (LBE)
PARTICIPATION PROGRAM
NOTE: Proposers must provide responses to the following items. Failure to provide a response to each of the items in this section may be grounds for rejection of the proposal.
1. LBE FIVE PERCENT (5°/0) PARTICIPATION
On April 3, 2012, the Sacramento City Council adopted a Local Business Enterprise (LBE) Preference Program to provide enhanced opportunities for the participation of local business enterprises (LBEs) in the City's contracting and procurement activities. On November 19, 2013, City Council increased the LBE preference and authorized City departments to require minimum LBE participation levels in individual contracts, Under City Code section 3.60.270 , when the bid specifications for a City contract establish a minimum participation level for LBEs. no bidder on the contract shall be considered responsive unless its bid meets the minimum LBE participation level required by the bid specifications.
The City has established a minimum 5% participation level for LBEs on this contract. Pursuant to City Code Section
3.60.270, no bidder on this contract shall be considered responsive unless its bid meets or exceeds this minimum participation level. To qualify for this requirement, bidders must either (a) he an LBE, or (b) subcontract with a qualified LBE.
Detailed information aboul this program can be found al hitp://www.cityofsacrarnento.org/FinancielProcurernent/ Contract-Ordinances
Local Business Enterprise means a business enterprise, including but not limited to. a sole proprietorship. partnership, limited liability company, corporation, or other business entity that has a legitimate business presence in the city or unincorporated county of Sacramento. Evidence of legitimate business presence in the city or unincorporated county of Sacramento shall include:
1. Having a current City of Sacramento Business Operation Tax or County of Sacramento Business License for at least twelve (12) consecutive months prior to submission of bid: and
2. Having either of the following types of offices or workspace operating legally within the city or unincorporated county of Sacramento for at least twelve (12) consecutive months prior to submission of bid:
a. The LBE's principle business office orworkspace: or
b. The LBE's regional, branch or satellite office with at least one full time employee located in the city or unincorporated county of Sacramento.
A. LOCAL BUSINESS ENTERPRISE (LBE)
Is the firm submitting the bid qualified as a local business enterprise? Check the appropriate box below:
YES - the firm submitting the bid is qualified as a local business enterprise.
SUBCONTRACTING/SUPPLIERS - The firm submitting the bid is qualified by utilizing subcontractors and/or suppliers who qualify as local business enterprises.
NO - the firm submitting the bid is not qualified as a local business enterprise.
If the response to the above is YES, provide the City of Sacramento Business Operations Tax Certificate Number and/or County of Sacramento Business License Number,
1046657
If the response to the above is YES, provide a current copy of the City of Sacramento Business Operations Tax Certificate and/or County of Sacramento Business License.
If the response to the above is YES. provide business office or workspace address':
11500 Twin Cities Road
Galt, CA 95632
Address rnust be a physical address for the basis of location, this excludes P.O. Box addresses.
Form Updated 6.11, 2020
SUBCONTRACTOR AND LOCAL BUSINESS ENTERPRISE PARTICIPATION FORM FOR PUBLIC PROJECTS UNDER 250,000
TIIIS FORM MUST BE SUBMITTED WITH THE SEALED BID PROPOSAL SACRAVENTO To be eligible for award of this contract, the bidder shall listthe business entities used to attain the 5% LBE requirement. Additionally, the bidder shall list all other subcontractors who perform work, render service, or provide materials in an amount in excess of one-half of 1 percent of the total bid amount. 1n the case of bids for the construction of streets and highways, including bridges, subcontractors whose subcontract value exceeds one-half of 1 percent of the total bid or ten thousand dollars ($10,000), whichever is greater, shall be listed. Estimated dollar vahies shall be provided for ail work, services or materials listed. No contractoror subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)j. The failure to attain the 5% LBE participation or the inclusion of false information or the omission of required information will render the bid non-responsive.
COPY AND ATTACH ADDITIONAL SHEETS AS NECESSARY
Prime Contractor Name Pacific Polymers, Inc. DBA American Foam Experts (RE(jUIRED) Prime Contractor DIR Registration if 1000026412 Business Name N /A-NO Su bC0 ntractors
Subcontractor or Suppli er? (Concrete delivery companies. temp fence companies that perform labor of installing or removing fencing and surveyors require D111 Registration) Ll Subcontractor
iii Supplier
CSI.B/Professional License if
DIR Registration a (10 r4gliv)
Address
Does this subcontractor or supplier qualify as an WE?
City, State, Zip
Estimated dollar value of work, services or materials to be performed of provided S Contact Person
'Type of Work, Services. or Materials lobe provided to complete contract.
Entail Mdress
Phone
Business Name
Subcontractor or Supplier?(Concrete delivery, compa nies, temp)ence compa nies that perform labor of InstaNng or rernovteg fencing and surveysrs requIr2 (RR Registration) Iii Subcontractor
O Supplier
CSLB/Professional License #
RR Registration t* O0 d(gits)
Address
Does this subcontractor or supplier qualify as an LBE?
City, State, Zip
Estimated dollar value of work, services or materials to be performed of provided $ Contact Person
T'ype of Wort; Service% or Materials to be provided to complete contract.
Email Address
Phnne
I hereby certify thateach su contractor listed on t is LBE Participation Horm has heen notifted t at it has heen listed and hasconsented in writing 0n Its narne beingsubmitied tort Is contract. The Prime Contractor also certlfles that It will notify each subcontractor listed on this Form in writing if the contract awa rd is made to the Prime Contractor, and will make all documentation relevant to the subcontractor and LBE participation available to City of Sacramento upon request The Prime Contractor furthe r certifies that all of the information contained in thts Form is true and correct and acknowledges that the City will rely on the accuracy of this information In awarding the contract
c/CZ:a= ,-------___ President 04/15/2025 $ 259,818.00
Signature (Principal of Finn) Title Date Total Bid Amount (including additive alternates if applicable)
LBE status is applicable to the following:
• Any Sacramento addresses which encompasses both the City & unincorporated Sacramento County - including neighborhoods like Rosemont, Antelope, Foothill Farms & walerga.
• North Highlands
• Carmichael
• Fair Oaks
• Orangevale
• If you should have a question regarding if you or one of your subcontractors or suppliers qualifies as an LBE please type the address locations using the link that is provided on the following page.
Unincorprated Area
The man helow can be found at: httm/A .3 1 saccountv.net/Paees/Sacramento-Countv-Mans as )
AC KAM E C U
UNINCORPORATED AREAS
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for more information about a specific address
visit our Assessor Parcel Viewer at www.sacgis.org
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Doc Date: May, 2014
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For an interactive map showing exact address locations within the City of Sacramento or unincorporated County of Sacramento: http://generaltnap.gis.saccounty.net/ISViewerfcounty portal.html
City Of Sacramento Bid Proposal Guarantee
B25014541002 Page 1 of 1
KNOW ALL MEN BY THESE PRESENTS,
That we,
as Principal, and
Pacific Polymers lnc. dba American Foam Experts
Western National Mutual Insurance Company
a corporation duly organized under the laws of the State of Minnesota and duly licensed to become sole surety on bonds required or authorized by the State of California, as Surety, are held and firmly bound unto the City of Sacrainento, hereinafter called the City, in the penal sum of ten percent (10%) of the (BASE OR LUMP SUM) Proposal of the Principal above named, or other amount as set forth in the Invitation to Bidders, submitted by said Principal to the City for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be rnade, we bind ourselves, our heirs, executors, administrators and successor's, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH
That whereas the Principal has submitted the above-mentioned Proposal to the City, for which Proposals are to be opened at the Department of City Clerk, City of Sacramento, located at 915 I Street, Sacramento, CA 95814,
35th Avenue DOU Tool Building Roof Replacement
Z14140626
NOW, THEREFORE, if the aforesaid Principal is awarded the Contract and within the time and manner required under the Contract Documents, enters into a written Contract, in the prescribed form, in accordance with the Proposal, and files two (2) bonds with the City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and files the required insurance policies with the City, all as required by the Contract Documents or by law, then the obligation shall be null and void; otherwise it shall be and remain in full force and effect.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to he fixed by the court, which surns shall be additional to the principal amount of this bond.
IN WITNESS THEREOF We have hereunto set our hands and seal this day of April 2021
16th
Pacific Polymers Inc. dba American Foam Experts Western National Mutual Insurance Company tractor) (Seal) tYi(
By
Title Pietro Micciche, Attorney In 'jam
Agent Name and Address Pietro Mi-:,c,iche
ORIGINAL APPROVED AS TO FORM: 4326 Eagle Rock Blvd. Los AngeL-s, CC. 9004-f Agent Phone ft (323) 663-7814
Surety Phone # (855) 283-8106
California License # OD69256
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On cyril to 20/s before me,
Dafe
personally appeared Pietro Micciche
Angel Nunez, Notary Public
Here lnsert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person% whose name% isalA subscribed to the within instrument and acknowledged to me that heigkeftbey executed the same in his/Wttok authorized capacity(M), and that by his/kactitattoignature% on the instrument the person(x), or the entity upon behalf of which the person% acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califom' at the foregoing paragraph
is true and corre
WITNESS official seal.
ANGEL NUNEZ
Notary Public - California z
i Los Angeles County g
Commission # 2482770
L
ogimiwilw
My Comm. Expires mar 14, 2028
Place Notary Seal Above
Sign
Signatu f •N ary Public
OPTIONAL
Though this section is optional, completing this information candeter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
Signer's Name:
0 Corporate Officer — Title(s):
Partner — Li LirnW LI General
0 Individual If Attorney in Fact
D Trustee Li Guardian or Conservator
D Other:
Signer Is Representing:
.
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Signer's Name:
H Corporate Officer — Title(s):
LI Partner — II] Limited El General
El Individual CI Attomey in Fact
El Trustee Guardian or Conservator
El Other:
Signer Is Representing:
Signed and sealed at the City of Edina, MN tnis lb' day of IA it2.6 ,:f=z;S,EAL1
Jennifer A. Young. Assistant Secretary
WESTERN NATIONAL
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company. a Minnesota mutual insurance company, does make, constitute, and appoint: Patricia Zenizo, Pietro Micciche, Manuel Reguerra, and Elisabete Salazar , Preferred Bonding Services (#9760)
Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds. mortgage deKcr-:. trond, glarantees = ,„ paper and note guaranty bonds, self-insurance workers compel-, salion myment of benefits, hazardorrs waste remediation bonds or black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 ($7,500,000 00) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds. undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance. or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president. secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attomey issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December , 2020.
Jon R. Hebeisen, Secretary Larry A. Byers, Sr. Vice President
STATE OF MINNESOTA, COUNTY OF HENNEPIN
On this 16th day of December, 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn. did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation. and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
Jennifer A. Young, Notary Public
My commission expires January 31, 2026
CERTIFICATE
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the ibregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
''''''' ''
MINIMUM QUALIFICATIONS QUESTIONNAIRE
Sacramento City Code Section 3.60.020 authorizes the Sacramento City Council to adopt standard minimum qualifications for bidders on competitively bid public works construction projects, and requires, among other provisions, that a bidder meet such minimum qualifications at the time of bid opening in order to bid. On July 31, 2007, the City Council adopted Resolution No. 2007-574 establishing these standard minimum qualifications. Pursuant to City Code section 3.60.020, a bidder failing to meet these minimum qualifications at the time of bid opening shall not be considered a responsible bidder for purposes of bidding on the subject project.
AII bidders must demonstrate compliance with the minimum qualifications established by Resolution No. 2007-574 by completing all of the questions contained in this questionnaire. Bidder responses shall be limited to those operating business units, offices, branches and/or subsidiary divisions of the bidder that will be involved with the performance of any project work if awarded the contract. If a bidder answers "yes" to any single question, fails to submit a fully cornpleted questionnaire, or submits false information, this will result in a determination that the minimum qualifications are not met, and the bidder shall not be considered a qualified bidder for purposes of bidding on this contract. If two or more entities submit a bid on a contract as a Joint Venture, each entity within the Joint Venture must separately meet these minimum qualifications for the Joint Venture to be considered a qualified bidder.
The City of Sacramento ("City") shall make its determination on the basis of the submitted questionnaire, as well as any relevant information that is obtained from others or as a result of investigation by the City.
While it is the intent of this questionnaire to assist the City in determining whether bidders possess the minimum qualifications necessary to submit bids on the City's competitively bid public works construction contracts, the fact that a bidder submits a questionnaire demonstrating that it meets these minirnum qualifications shatl not in any way limit or affect the City's ability to: (1) review other information contained in the bid submitted by the bidder, and additional relevant information, and determine whether the contractor is a responsive and/or responsible bidder; or (2) establish pre-qualification requirements for a specific contract or contracts.
By submitting this questionnaire, the bidder consents to the disclosure of its questionnaire answers: (i) to third parties for purposes of verification and investigation; (ii) in connection with any protest, challenge or appeal of any action taken by the City: and (iii) as required by any law or regulation, including without limitation the California Public Records Act (Calif. Gov't Code sections 6250 et seq.). Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the bidder submitting the questionnaire. If any information provided by a bidder becomes inaccurate, the bidder shall immediately notify the City and provide updated accurate information in writing, under penalty of perjury.
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
Page l of 9
QUESTIONNAIRE
NOTICE: For firms that maintain other operating business units, offices, branches and/or subsidiary divisions that will not be involved with the performance of any project work if the firm is awarded the contract, references hereafter to "your firm" shall mean only those operating business units, offices, branches and/or subsidiary divisions that will be involved with the performance of any project work.
AII of the following questions regarding "your firm" refer to the firm (corporation, partnership or sole proprietor) submitting this questionnaire, as well as any firm(s) with which any of your firm's owners, officers, or partners are or have been associated as an owner, officer, partner orsimilar position within the lastfive years The firm submitting this questionnaire shall not be considered a responsible bidder if the answer to any of these questions is "yes", or if the firm submits a questionnaire that is not fully completed or contains false information.
1. Classification & Expiration Date(s) of California Contractor's License Number(s) held by firm:
Pacific Polymers, Inc. DBA American Foam Experts Lic # 969486 C-39 Exp: 01/31/2026
2. Has a contractor's license held by your firm and/or any owner, officer or partner of your firm been revoked at anytime in the last five years?
= Yes VNo
3. Within the last five years, has a surety firm completed a contract on your firm's behalf, or paid for completion of a contract to which your firm was a party, because your firm was considered to be in default or was terminated for cause by the project owner? = Yes s/No
4. At the time of submitting this minimum qualifications questionnaire, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either California Labor Code section 1777.1 (prevailing wage violations) or Labor Code section 1777.7 (apprenticeship violations)?
= Yes
5. At any time during the last five years, has your firrn, or any of its owners, officers or partners been convicted of a crime involving the awarding of a contract for a government construction project, or the bidding or performance of a government contract?
= Yes v/No
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
6. Answer either subsection A or B, as applicable:
A. Your firm has completed three or more government construction contracts in Sacramento County_within the last five years: Within those five years, has your firm been assessed Iiquidated damages on three or more government construction contracts in Sacramento County for failure to complete contract work on time?
NOTE: If there is a pending administrative or court action challenging the assessment of liquidated damages on a government contract within the last five years, you need not include that contract in responding to this question. = Yes ": Not applicable
OR
B. Your firm has not completed at least three government construction contracts in Sacramento County within the Iast five years: Within the last three years, has your firm been assessed liquidated damages on three or more govemment construction contracts for failure to complete contract work on time?
NOTE: If there is a pending administrative or court action challenging an assessment of liquidated damages on a government contract within the last three years, you need not include that contract in responding to this question. 7 Yes \--/No E Not applicable
7. In the last three years has your firm been debarred from bidding on, or completing, any government agency or public works construction contract for any reason? NOTE: If there is a pending administrative or court action challenging a debarment, you need not include that debarment in responding to this question. = Yes c4.10
8. Has CAL OSHA assessed a total of three or more penalties against your firm for any "serious" or "willful' violation occurring on construction projects performed in Sacramento County at any time within the last three years?
NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
Yes \-/No
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
Minimum Qualifications Questionnaire
DATE ADOPTED: July 31, 2007
Minirnurn Qualifications Questionnaire
9. Answer either subsection A or B, as preferred:
A. In the last three years has your firm had a three year average Workers' Compensation experience modification rate exceeding 1.1?
7 Yes
OR
B. In the last three years has your firm had a three-year average incident rate for total lost workday cases exceeding 10?
NOTE: Incident rates represent the number of Iost workday cases per 100 full-time workers and is to be calculated as: (NIEH) x 200,000, where N = number of lost workday cases (as defined by the U.S. Dept. of Labor, Bureau of Labor Statistics)
EH = total hours worked by all employees during the calendar year 200,000 = base for 100 equivalent full-time working (working 40 hours per week,
50 weeks per year)
= Yes VNo
10. In the past three years, has the federal EPA, Region IX or a Califomia Air Quality Management District or Regional Water Quality Control Board assessed penalties three or more times, either against your firm, or against the project owner for a violation resulting in whole or in part from any action or omission by your firm on a project on which your firm was a contractor in Sacramento County?
NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
Yes \INo
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
Minimum Qualifications Questionnaire
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
11. In the past three years, has the federal EPA, Region IX or a Califomia Air Quality Management District or Regional Water Quality Control Board assessed a single penalty of $100,000 or more, either against your firm, or against the project owner for a violation resulting in whole or in part from any action or omission by your firm on a project on which your firm was the contractor in Sacramento County?
NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
1: Yes VNo
12. In the past three years, have civil penalties been assessed against yourfirm pursuant to Califomia Labor Code 1777.7 for violation of California public works apprenticeship requirements, three or more times?
NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
Yes
13. In the past three years, has a public agency in California withheld contract payments or assessed penalties against your firm for violation of public works prevailing wage requirements, three or more times?
NOTE: If there is a pending administrative or court action appealing a withholding or penalty assessment, you need not include that withholding or penalty assessment in responding to this question.
Yes lo
14. Has your firm been assessed penalties for violation of public works prevailing wage requirements in California, in an aggregate amount for the past three years of $50,000 or more? NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
I: Yes N2/No
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
VERIFICATION AND SIGNATURE
l, the undersigned, certify and declare that l have read all the foregoing answers to this Minimum Qualifications Questionnaire, and know their contents. The matters stated in these Questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters l believe them to be true. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Signed at Galt, Califomia , on April 15, 2025
(Location) (Date)
Signature:
Print name: Bobby Stepps
Title: President
NOTE: If two or more entities submit a bid on a contract as a Joint Venture, each entity within the Joint Venture must submit a separate Minimum Qualifications Questionnaire.
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
box INVOICE INV12658280
PO Number:
Sold To:
American Foam Experts
Bobby Stepps
Bill To:
American Foam Experts
Bobby Stepps
11500 Twin Cities Road
Galt California 95632
United States
Account Number:
Invoice Number:
PO Number:
Invoice Date:
Payment Due By:
Payment Terms:
Payment Method:
B01336137
INV12658280
04/12/2025
04/12/2025
Due Upon Receipt
CreditCard
Service Unit Price Quantity Subtotal Tax TOTAL
Business Account Licenses
Service Period: 04/12/2025-05/11/2025 $20.00 13 $260.00 $0.00 $260.00
Invoice
Subtotal:
Tax:
Total:
Balance
Due:
Currency:
$260.00
$0.00
$260.00
$260.00
USD
Payments and Adjustments Transaction Tvpe I Notes
Balance
Due:
Transaction Date Transaction Number Applied Amount
$260.00
Please note that failure to pay this invoice by the due date provided may result in suspension of services and the accrual of a late fee as outlined in the Box Service Agreement.
Payments remitted without reference to relevant invoice number(s) will not be processed and will be returned.
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Account Number:
Invoice Date:
Invoice Number:
Payment Due Date:
Total Amount Due:
Amount Enclosed:
B01336137
04/12/2025
INV12658280
04/12/2025
$260.00
Copy of our W-9: https://cloud.app.box.com/v/Box-Billinq-W9 For additional Billing information or to pay via credit card, please visit our support site: support.box.com Box Inc. l 900 Jefferson Ave, Redwood City, CA 94063
SACRAMENTO BUSINESS OPERATIONS TAX CERTIFICATE
Finance Department
Business Name AMERICAN FOAM EXPERTS
Business Address 11500 TWIN CITIES RD
Owner BOBBY STEPPS
Type of Business Contractors - Construction
Tax Classification Gross Receipts
Expires 06/30/2023
Mailing Address AMERICAN FOAM EXPERTS
PO BOX 190
HERALD, CA 95638-0238
1046657 1046657
TOTAL PAID:
$156.58 CITY OF SACRAMENTO
DEPARTMENT OF FINANCE
MARK OF AUTHENTICATION
THIS STUB MAY BE
FOLDED/DETACHED
BEFORE POSTING
MUST BE POSTED IN CONSPICUOUS PLACE
This certificate is not to be construed as a business license or impiy that the City of Sacramento has bvestigated, or approves or recommends, the holder of this certificate. Any representation to the contrary is fraudulent. This certificate must be renewed within 30 days of expiration.
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/
CITY OF SACRAMENTO Drug-Free Policy and Affidavit
DRUG-FREE WORKPLACE POLICY AND AFFIDAVIT
BID PROPOSAL MAY BE DECLARED NONRESPONSIVE IF THIS FORM (COMPLETED) IS NOT ATTACHED.
Pursuant. to City Council Resolution CC90-498 dated 6/26/90 the following is required.
The undersigned contractor certifies that it and all subcontractors performing under this Agreement will provide a drug-free workplace by:
1. Publishing a "Drug-Free Workplace" statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition.
2. Establishing a Drug-Free Awareness Program to inform employees about:
a. The dangers of drug abuse in the workplace.
b. The contractor's policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance prograrn. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
3. Notify employees that as a condition of employment under this Agreement, employees will be expected to:
a. Abide by the terms of the statement
b. Notify the einployer of any criminal drug statute conviction for a violation occurring in the workplace.
4. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy on the "Drug-Free Workplace" statement.
5. Taking one of the following appropriate actions, within thirty (30) days of receiving notice from an employee or otherwise receiving such notice, that said employee has received a drug conviction for a violation occurring in the workplace:
a. Taking appropriate disciplinary action against such an employee, up to and including termination; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. * I certify that no person employed by this company, corporation, or business has been convicted of any criminal drug statute violation on any job site or project where this company, corporation or business was performing was within three years of the date of my signature below.
EXCEPTION:
Violation Type Place of Occurrence
If additional space is required use back of this form.
* The above statement will also be incorporated as a nart of each subcontract agreement for anv and all subcontractors selected for perforntance on this proiect.
IN THE EVENT THIS COMPANY, CORPORATION, OR BUSINESS IS AWARDED TH1S CONSTRUCTION AGREEMENT, AS A RESULT OF THtS BID; THE CONTRACTOR WITH HIS/HER SIGNATURE REPRESENTS TO THE CITY THAT THE INFORMATION DISCLOSED IN THIS DOCUMENT IS COMPLETE AND ACCURATE. rr IS UNDERSTOOD AND AGREED THAT FALSE CERTIFICATION IS SUBJECT TO IMMEDIATE TERMINATION BY THE CITY.
The Representations Made Herein On This Document Are Made Under Penalty Of Perjury.
CONTRACTOR'S Pacific Polymers, Inc. DBA American Foam Experts Date
President Date: 04/15/2025 BY: Signature Title
Effects of violations: a. Suspension of payments under the Agreement b. Suspension or termination of the Agreement. c. Suspension or debarment of the contractor from receiving any Agreement frorn the City of Sacramento for a period not to exceed five years.
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