Folsom City Council
July 26, 2022

07/26/2022 Item No.7.
as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified.

11. LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be ($ ) for each Calendar Day, continuing to the time at which the work is completed.

B. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay.

12. TERMINATION AFTER ALLOTTED WORKING OR CALENDAR DAYS A. In addition to any rights it may have, City may terminate this Contract at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted.

B. Upon such termination, Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to City for liquidated damages for all periods of time beyond such termination date until the work is completed.

13. CONTRACTOR BANKRUPT
A. If Contractor should commence any proceeding under the Bankruptcy Act, or if contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City Council may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Article 5 of the General Provisions.

B. City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the Standard Specifications.

14. PERFORMANCE ANO PAYMENT BONDS
A. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor.

1. One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract.

2. The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.

B. Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.

C. Bonds shall only be accepted from an "Admitted surety insurer, "which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

D. All bonds submitted shall include the following:

Contractor Name
Project
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1. Full name and address of the Contractor Surety, and the City;

2. Contract Date;

3. Exact Contract Sum;

4. Project Name and Address;

5. Signature of the Contractor

6. Corporate Seal, if applicable;

7. Signature of Authorized Surety Representative;

8. Notarization of the Contractor and Surety:

9. Power of Attorney; and

10. Local contact for surety, with name, phone nmber, and address to which legal notices may be sent.

15. SUBSTITUTION OF SECURITIES OF MONEY WITHHELD
A. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract.

8. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.

C. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. A fee set by the City Council shall be charged for such substitution.

16. LABOR CODE AND PUBLIC CONTRACT CODE COMPLIANCE
A. City affirmatively identifies this project as a "public work" as that term is defined by Labor Code section 1720, and the project is, therefore, subject to prevailing wages under Labor Code section 1771.

B. Contractor and its subcontractors shall fully comply with all the provision of the California Labor Code governing the performance of pubic works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.

C. Notice: This project may be subject to the skilled and trained workforce requirement under Public Contract Code section 2600. A "skilled and trained workforce" is defined by Public Contract Code section 2601 (d).

17. UNFAIR COMPETITION
The following provision in included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."

18. GENERAL LIABILITY OF CONTRACTOR
Contractor Name
Project
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Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment. tools, construction equipment and machinery, water, light, heat, utilities, transportation and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or statute, whether or not specifically described herein, as long as same is reasonably inferable therefrom as being necessary to produce the intended results, whether temporary or perma nent, and whether or not incorporated or to be incorporated in the Work. The mention of any specific duty or liability of Contractor and, any reference to any specific duty or liability shall be construed to be for the purpose of explanation.

19. AUTHORITY OF THE CITY
A. The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work. The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different prime contractors involved with the Work. The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.

B. The City will administer its authority through a duly designated representati ve identified at the pre-­ constructio n conference. The Contractor and the City's designated representative (the Owner's Representative) shall make good faith attempts to resolve disputes that arise during the performance of the Work.

C. Any order given by the City not otherwise required by the Contract to be in writing shall be given or confirmed by the City in writing at the Contracto r's request. Such request shall state the specific subject of the decision, order, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.

D. Any plan or method suggested to the Contractor by the City, the Architect or Consulting Engineer, or the Owner's Representative, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor.

The City assumes no responsibility.

20. RESPONSIBILITY OF THE CONTRACTOR
A. The Work shall be under the Contractor's responsible care and charge until completion and final acceptance, and the Contractor shall bear the entire risk of injury, loss, or damage to any part by any cause. The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damage to any portion of the Work· or the materials occasioned by any cause, and shall bear the entire expense.

B. The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.

C. The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and complet ing the Work herein required, including any change order work or disputed work directed by the City in conformity with the true meaning and intent of the Contract Documents, within the time specified.

21. CORRECTION OF WORK
Contractor Name
Project
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07/26/2022 Item No.7.

A. The Contractor shall promptly correct all work rejected by the Owner's Representative, Project Inspector or the Architect or Consulting Engineer as defective or as failing to conform to the Contract Documents, whether observed before or after final completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work including compensation for the Architect's, Consulting Engineer's Project Inspector's and the Owner's Representative's additional services.

B. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within three (3) days after receipt of written notice from the City to commence and continue correction of the default or neglect with diligence and promptness, the City may, without prejudice to any other remedy it may have, correct the deficiencies and may further elect to complete that portion of the Work through such means as the City may select, including the use of a new contractor. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting the deficiencies, and any other appropriate costs, including compensation for the Architect's or Consulting Engineer's, the Project Inspector's and the Owner's Representative's additional services made necessary by the default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover that amount, the Contractor shall pay the difference to the City.

C. If within two (2) years after the Date of Completion and acceptance of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to the City, promptly after receipt of a written notice from the City unless the City has previously given the Contractor a written acceptance of such condition. The City shall issue a correction notice promptly after discovering the condition. The Contractor shall notify the City upon completion of repairs. This obligation shall survive termination of the Contract with respect to work in place prior to termination.

D. The Contractor shall bear the cost of making good work destroyed or damaged by such correction or removal.

E. Nothing contained in this Section shall be construed to establish a period of limitation with respect to any other obligations which the Contractor might have under the Contract Documents or by operation of law. The establishment of the time period of two (2) years after the Date of Completion, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish the Contractor's liability with respect to its obligations other than specifically to correct the work

22. GUARANTEE REQUIRED
A. In addition to any guarantees required elsewhere by the Contract Documents, the Contractor shall guarantee the Work for a minimum of two (2) years from and after the recordation of the Notice of Completion and completion of all contract obligations by the Contractor, including formal acceptance of the entire Project by the City. The Contractor specifically waives any right to claim or rely on the statutory definition of completion set forth in Civil Code section 3086. The Contractor specifically acknowledges and agrees that completion shall mean the Contractor's complete performance of all Work required by the Contract Documents, amendments, change orders, construction change directives and punch lists, and the City's formal acceptance of the entire Project, without regard to prior occupancy, substantial completion doctrine, beneficial occupancy, or otherwise. Such guarantee shall be made on the form provided by the City.

B. The guarantee period for corrected defective work shall continue for a duration equivalent to the 6 Contractor Name
Project

07/26/2022 Item No.7.
original guarantee period.

C. Such guarantee is in addition to, and not in lieu of, the City's rights to enforce this Contract in all respects.

23. NO CHANGES WITHOUT CONSENT
A. No extra work shall be performed, and no change shall be made , except pursuant to a written Change Order or Proposed Change Order signed by the City, or by CCD signed by either the City or the Owner's Representative, stating that the extra work or change is authorized, and no claim for any addition to the Contract Sum or Contract Time shall be valid unless so authorized; provided, however, that nothing in this Article shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the Owner's Representative, furnish an itemized breakdown of the quantities and prices used in computing the value of any change requested by the Contractor, or that may have been ordered by the City.

B. Change Orders shall specify the cost adjustme nts associated therewith, and in no case shall the City pay or become liable to pay any sums different than those specified or those established under Sections 9.04 and 9.05.

C. Substitutions are considered change orders.

24. CHANGE ORDERS
A. Subject to legal requirements relating to competitive bidding, the City may require changes in, additions to, or deductions from the work to be performed or the materials to be furnished pursuant to the Contract Documents. Changes may be made pursuant to a written Change Order signed by the City, which shall state the agreeme nt of the City, the Contractor, and the Architect or Consulting Engineer upon all of the follow ing:

1. The scope of the change in the Work

2. The amount of the adjustment in the Contract Sum, if any; and

3. The extent of the adjustment in the Contract Time, if any.

B. All adjustments to the Contract Sum or the Contract Time must be approved by the City.

C. Signature by the Contractor on the Change Order const itutes its agreement with and acceptance of the adjustments in the Contract Sum and Contract Time, if any, set forth in the Change Order as full and complete satisfaction of any direct or indirect additional cost and/or time incurred by the Contractor in connection with performance of the change work.

25. CONSTRUCTION CHANGE OIRECTIVE/CCD
Changes also may be made pursuant to a CCD, which shall direct a change in the Work and state a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. A CCD shall be used in the absence of total agreement on the terms of a Change Order, or when time does not permit processing of a Change Order prior to implementation of the change. CCD's shall be approved by the City and the Architect or Consulting Engineer, but need not be signed by the Contractor. Upon receipt of a CCD, the Contractor shall promptly proceed with the change in the work involved. It is the intent of the City that all CCD's will be converted into a Change Order. When a CCD is used because time does not permit processing of a Change Order prior to implementation of the change, signature by the Contractor on the CCD constitutes its agreement with and acceptance of the adjustments in the Contract Sum and Contract Time, if any, set forth in the CCD as full and complete satisfaction of any direct or indirect additional cost and/or time incurred by the Contractor in connection with performance of the change work.

26. EXTENSIONS OF TIME; UNAVOIDABLE DELAYS
7 Contractor Name
Project

07/26/2022 Item No.7.

A. The Contractor shall not be granted an extension of time except on the issuance of a Change Order by the City, upon a finding of good cause for such extension.

B. As used herein, the following terms shall have the following meanings:

1. "Excusable Delay" means any delay in completion of the Work beyond the expiration of the Contract Time caused by conditions beyond the control and without the fault or negligence of the Contractor. These events may include strikes, embargoes, fire, unavoidable casualties, national emergency, and stormy and inclement weather conditions in which the Owner's Representative and Project Inspector agree that work on the critical path cannot continue. The financial inability of the Contractor or any Subcontractor or supplier and any default of any Subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an extension of the Contract Time, in accordance with this Section, but shall not entitle the Contractor to any adjustment of the Contract Sum.

2. "Compensable Delay" means any delay in the completion of the Work beyond the expiration date of the Contract Time caused solely by the wrongful acts of the City and which delay is unreasonable under the circumstances and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract Time, in accordance with this Section and/or an adjustment of the Contract Sum. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption.

3. "Inexcusable Delay" means any delay in completion of the Work beyond the expiration of the Contract Time resulting from causes other than those listed in Subparagraphs A 1 and A2, above. An Inexcusable Delay will not entitle the Contractor to an extension of the Contract Time or an adjustment of the Contract Sum.

C. The Contractor may make a claim for an extension of the Contract Time, for an Excusable Delay or a Compensable Delay, subject to the following:

1. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last.

Any adjustment of the Contract Sum shall be in accordance with Article 9 and shall be based only on the non-concurrent portion of any Compensable Delay.

2. If an Inexcusable Delay occurs concurrently with either an Excusable Delay and/or a Compensable Delay, the maximum extension of the Contract Time shall be the number of days, if any, by which the duration of the Excusable Delay and/or the Compensable Delay calculated in accordance with subparagraph B1, if applicable, exceeds the Inexcusable Delay. The duration of the concurrence is non­ compensable.

D. Delays in the prosecution of parts or classes of the Work which do not prevent or delay the completion of the whole Work within the Contract Time are not to be considered Excusable or Compensable.

E. Float or slack time is the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of activities on the Contract Schedule.

No time extensions or delay costs will be allowed for delays caused by the City on paths of Contractor Name
Project
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activities containing float, providing such delay does not exceed the float time per the latest updated version of the approved Contract Schedule.

F. Whenever the Contractor foresees any delay in the prosecution of the Work, and in any event __ _ immediately upon the occurrence of any delay which the Contractor regards as good cause for an extension, the Contractor shall notify the Owner's Representative in writing of the delay. The notice shall specify with detail the cause asserted by the Contractor to constitute good cause for an extension together with a detailed schedule analysis showing the effect of the delay on the critical path of the Contract Schedule and a quantification of the length of the requested extension of time. Failure of the Contractor to submit such a notice within seven (7) Calendar Days after the initial occurrence of the event giving rise to the delay shall constitute a waiver by the Contractor of any request for extension, and no extension shall be granted as a consequence of such delay.

G. The City shall have no obligation to consider any time extension request unless the Contractor has complied with the requirements of the Contract Documents, including, without limitation, giving the required seven (7) days' notice and submitting the detailed supporting schedule analysis. The City shall not be responsible or liable to the Contractor for any constructive acceleration due to failure of the City to grant time extensions under the Contract Documents, should the Contractor fail to comply with the submission and justification requirements of the Contract Documents for time extension requests. The Contractor's failure to perform in accordance with the Contract Schedule shall not be excused because the Contractor has submitted time extension requests, unless and until such requests are approved by the City.

H. Upon receipt of a request for extension, the Owner's Representative shall conduct an investigation of the facts asserted by the Contractor to constitute good cause for an extension.

The Owner's Representative shall report the results of this investigation, as well as the propriety of the time extension requested, to the Contractor in writing within ten (10) Calendar Days of receipt of the request and shall indicate whether it will recommend for or against the extension.

Upon receiving the Owner's Representative's recommendation, the Contractor may either concur in the recommendation, or reject the recommendation and proceed with a notice of potential claim and claim as provided for in Article 9.

27. DISCRETIONARY TIME EXTENSIONS FOR BEST INTEREST OF THE CITY A. The City reserves the right to extend the time for completion of the Work if the City determines that such extension is in the best interest of the City. In the event that a discretionary extension is granted at the request of the Contractor, the City shall have the right to charge to the Contractor all or any part, as the City may deem proper, of the actual cost of construction management, engineering, inspection, supervision, incidental and other overhead expenses that accrue during the period of the extension, and to deduct all or any portion of that amount from the final payment for the Work.

B. In the event a discretionary time extension is ordered over the objection of the Contractor, and the decision rests solely with the City and is not legally compelled for any cause, the Contractor shall be entitled to a contract change pursuant to Article 9 adjusting the price paid to reflect the actual costs incurred by the Contractor as a direct result of the delay, upon its written application therefor, accompanied with such verification of costs as the Owner's Representative requires.

The decision of the City on any discretionary time extension and the costs thereof shall be final and binding.

28. TERMINATION FOR CONVENIENCE
A. The City may at any time and for any reason, terminate, in whole or in part, Contractor's Work at the_ City's convenience. Termination shall be by written notice to Contractor. Upon receipt of sucti notice, Contractor shall, unless the notice directs otherwise, immediately discontinue Contractor's work and the placing of orders for materials, facilities and supplies in connection therewith, and Contractor Name
Project
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07/26/2022 Item No.7.
)
shall, if requested, make every reasonable effort to procure cancellation of all existing orders or ~ontracts upon terms satisfactory to the City, or at the option of the City, the City shall have the right to assume those obligations directly, including all benefits to be derived therefrom.

Contractor hereby assigns to the City all of its interest in said orders and/or contracts, and the assignment of said orders and/or contracts shall be effective upon notice of acceptance by the City in writing, and only as to those orders and/or contracts which the City designates in writing.

Following receipt of notice of termination, Contractor shall thereafter do only such work as may be necessary to preserve and protect portions of its work already in progress and to protect materials and e9uipment on or In transit to the Project.

B. Upon such termination, Contractor shall be entitled to payment only as follows: (1) Contractor's direct, actual cost of the Work allocable to the portion of the Work completed in conformity with the Contract, but in no event to exceed the amount of the Contract Sum allocable to the portion of the Work completed in conformity with the Contract; plus (2) previously unpaid costs of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work, but in no event to exceed the portion of the Contract Sum allocable to said items; plus (3) an allowance of ten percent (10%) of the foregoing costs for Contractor's overhead and profit; plus (4) any proven losses with respect to materials and equipment directly resulting from the termination; plus (5) reasonable demobilization costs. The costs referred to in this Section shall be calculated and documented as required for a Change Order under Article 9 of these General Provisions, except that markup shall be only as allowed by this Section. There shall be deducted from such sums the amount of any payments made to Contractor prior to the date of the termination of this Contract. Contractor shall not be entitled to any claim or claim of lien against the City for any additional compensation or damages in the event of such termination and payment beyond that provided for in this Section.

C. In connection with any termination for convenience, Contractor shall allow the City and any of its authorized representatives to inspect, audit, or reproduce any records to the extent necessary for the City to evaluate and verify the costs incurred by Contractor in performing the Work, including direct and indirect costs such as overhead allocations. Contractor will make this material available upon 48-hours' written notice from the City. The City may inspect and copy, from time to time and at reasonable times and places, any and all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), including without limitation, books, papers, documents, subscriptions, recordings, estimates, price quotations, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers, monthly, quarterly, yearly or other financial statements, and any and all other information or documentation that may, in the judgment of the City have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by the Contract Documents. Such records shall include but not be limited to, the following:
accounting records, payroll records, job cost reports, job cost history, margin analysis, written policies and procedures, subcontract files (contracts, correspondence, change order files, including documentation covering negotiated settlements), backcharge logs and supporting documentation, general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends, · and any other documents customarily maintained by contractors performing work on public works projects or that the City otherwise deems necessary to substantiate charges related to a Termination.

D. If this Contract is terminated for default under Section 5.25, and if it is later determined that the default was wrongful, such default termination automatically shall be converted to and treated as a termination for convenience under this Section. In such event, Contractor shall be entitled to receive only the amounts payable under this Section, and Contractor specifically waives any claim for any other amounts or damages, including any claim for consequential damages or lost profits.

29. TERMINATION FOR CAUSE
A.

Contractor Name
Project
The City may terminate the Contract, pursuant to the provisions of this Article, for the following 10

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causes:

1. 2.

3. 4.

5. 6.

7. 8.

The Contractor is insolvent or has made a general assignment for the benefit of creditors, or a receiver has been appointed on account of the insolvency of the - - Contractor.

The Contractor or any of Subcontractors violate any of the provisions of the Contract Documents or fail to perform the work within the time specified in the current Contract Schedule.

The Contractor or any of its Subcontractors should fail to make prompt payment to Subcontractors or material suppliers for material or for labor as required by statute.

The Contractor or Subcontractor persistently disregards laws, ordinances, or the instructions of the Owner's Representative, Architect, Consulting Engineer or the City.

The Contractor fails to abide by a Stop Work Notice or falls to correct rejected work or materials as required.

The Contractor fails to provide and keep in full force and effect all required insurance, or fails to cause all Subcontractors to so comply.

The Contractor fails to supply a sufficient number of properly skilled workers or proper materials.

The Contractor commits any substantial violation of the terms and conditions of the Contract Documents which the City, in its sole discretion, finds to be a material breach of the Contract.

B. The City The City may, without prejudice to any other right or remedy, give written notice to the Contractor and its surety or sureties of its intention to terminate the Contract.

C. Unless within seven (7) Calendar Days of the delivery of such notice, the Contractor shall cease such violation and make satisfactory arrangements for a correction thereof, which arrangements are set forth in a written agreement signed by the Contractor and the City, the Contractor's right to complete the Work shall cease and terminate.

D. In the event of any such termination, the City shall immediately give written notice thereof to the surety and to the Contractor and the surety shall have the rights and obligations set forth in the performance bond. If the City is forced to take over the Work, It may prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its sureties shall be liable to the City for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, the City may, without liability, take possession of and utilize in completing the Work, the Contractor's materials whether stored at the Site or elsewhere, that are necessary for completion. Contractor hereby assigns to the City all of its interest in orders and/or contracts existing at the time of termination. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by the City in writing, and only as to those orders and/or contracts which the City designates in writing. Whenever the Contractor's right to proceed is terminated, the Contractor shall not be entitled to receive any further payment until the Work is finished .

30. TERMINATION AFTER CONTRACT TIME
A. In addition to any rights it may have, the City may terminate this Contract at any time after the Contract Time, as adjusted by any extensions of time that the City may have granted.

B. Upon such termination, in addition to the Contractor's obligations under Section 5.29 and the other provisions of the Contract Documents, the Contractor shall not be entitled to receive any compensation for services rendered before or after such termination until the Work Is completed. and the Contractor shall be liable to the City for liquidated damages for all periods of time from 11 Contractor Name
Project

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such termination date until the Date of Completion, as well as for all losses incurred by the City in completing the Work.

31. INDEMNIFICATION

1. Construction-related services:

A.

8. C.

The Contractor shall defend, indemnify and save harmless the City, the Owner's Representative, the Architect, the Consulting Engineer and any of their respective officers, officials, agents, and employees from any and all claims, demands, damages, costs, expenses, attorney's fees, or liability arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract, including but not limited to, inverse condemnation, equitable relief, or any acts or omissions, any wrongful act, or any negligent act or omission to act, whether active or passive, on the part of the Contractor or any of its agents, employees, independent contractors, Subcontractors or -suppliers; provided, further, without limiting the foregoing, that the indemnity is intended to apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Contractor, the Contractor's agents, employees, independent contractors, Subcontractors or suppliers, and the City, its agents, employees, or independent contractors.

The indemnity obligation expressly extends to and includes, but is not limited to, any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work.

The indemnity obligation expressly extends to and includes, but is not limited to, any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of the violation by the Contractor, the Contractor's agents, employees, or independent contractors, Subcontractors or suppliers of any provisions of federal, state or local law, including applicable administrative regulations.

D. The indemnity obligation also expressly extends to and includes, but is not limited to, any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the Site or as a result of the Work, whether such persons are on or about the Site by right or not, whenever the Work is alleged to have been or may have been a contributing cause in any degree whatsoever.

E. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the City in contravention of Section 2782 of the Civil Code for the sole negligence or willful misconduct of the City or its agents, employees or independent contractors.

F. In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor's agents, independent contractors, Subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor's agents, independent contractors, Subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor's agents, independent contractors, Subcontractors or suppliers may be liable, the indemnification obligation herein shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Contractor's agents, independent contractors, Subcontractors or suppliers under workers' compensation acts, disability acts, or other employee benefit acts.

G. The indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty.

H. The indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract Documents.

I. The indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.

Contractor Name
Project
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07/26/2022 Item No.7.

2. Design-related services:

A. To the fullest extent permitted by law, Constractor agrees to immediately indemnify, defend, and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all claims, losses, liability, or damages that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of Contractor, its subcontractors, sub consultants, agents, and employees ("Claims"). Contractor assumes no responsibility to indemnify City for the negligent acts or omissions or willful misconduct of City, its officers, officials, employees, agents, and volunteers. The Contractor's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the negligence or willful misconduct of an indemnified party. If it is finally adjudicated that liability Is caused by the comparative negligence or willful misconduct of an ihdemnified party, then Contractor's indemnification obligation shall be in proportion to the established comparative fault of Contractor.

B. The duty to defend is a separate and distinct obligation from Contractor's duty to indemnify. Contractor shall be obligated to defend allegations of Contractor negligence, recklessness or willful misconduct, whether Contractor is specifically Identified or not in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and Its council members, officers, agents and employees, immediately upon tender to Contractor of the Claim in any form or at any stage of an action or proceeding, whether or not liability Is established. An allegation or determination that persons other than Contractor are partially responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Contractor asserts in a cross-claim, counter claim, third party complaint or defense (affirmative defense or by reference in the action) that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an indemnified party, Contractor's share of the cost to defend shall not exceed Contractor's proportionate percentage of fault, and Contractor may submit a claim to the City for reimbursement of reasonable attorneys' fees and defense costs in proportion to the established comparative liability of the indemnified party.

32. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.

33. AMENDMENTS
Any modification or amendment of any provision of this agreement shall be in writing and must be executed by both parties hereto.

34. INCIDENTAL BENEFICIARIES
Contractor Name
Project
It is expressly understood and agreed that the enforcement of these terms and conditions shall be .reserv~d to City ~nd Contractor. Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the City and Contr~ctor that a_ny such person or entity, other than City and Contractor, receiving services 01 benefits under this Agreement shall be deemed an incidental beneficiary. 13

07/26/2022 Item No.7.

36. Ownership of Work Product
All technical data, evaluations, reports, plans and other work products of Contractor provided hereunder shall become the property of City and shall be delivered to City upon completion of the services authorized hereunder. Contractor may retain copies thereof for its files and internal use.

City representatives shall have access to work products for the purpose of inspecting same and determining that the services are being performed in accordance with the terms of the Agreement.

Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.

Both parties recognize that the City is a public entity subject to the requirements of the California Public Records Act ("PRA"). Contractor understands that the release of any written, printed, graphic, or electronically recorded information and document delivered by Contractor to the City will be governed by the PRA and agrees that the release of such material pursuant to the PRA shall not require Contractor's prior consent or approval.

35. MISCELLANEOUS PROVISIONS
A. Attorneys' Fees: In the event an action or proceeding is instituted by either party for the breach or enforcement of any provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees according to law.

B. This Agreement shall be deemed to be made in, and the rights and liabilities of the parties, and the interpretation and construction of the Agreement governed by and construed in accordance with the laws of the State of California. Any legal action arising out of this Agreement shall be filed in and adjudicated by a state court in the County of Sacramento, State of California .

C. Enforceabllity : If any term or provision of this Agreement is found to be void, voidable, invalid or unenforceable by a court of competent jurisdiction under the laws of the State of California, any and all of the remaining terms and provisions of this Agreement shall remain binding.

D. Time: All times stated herein or in any other contract documents are of the essence.

E. Binding: This Agreement shall bind and inure to the heirs, devisees, assignees and successors in interest of Contractor and to the successors in interest of City in the same manner as if such parties had been expressly named herein.

F. Surviorship: Any responsibility of Contractor for warranties, insurance, indemnity, record keeping or compliance with laws with respect to this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement.

G. Waiver: In the event that either City or Contractor shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation . Waiver shall not be deemed effective until and unless signed by the waiving party.

36. ENTIRE AGREEMENT
This instrument and any attachments hereto constitute the entire Agreement between the City , and Contractor concerning the subject matter hereof and supersedes any and all prior oral and written communications between the parties regarding the subject matter hereof.

Contractor Name
Project
14

07/26/2022 Item No.7.

37. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of Its obligations - · · hereunder.

38. COUNTERPARTS
Contractor Name
Project
This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart.

SIGNATURE PAGE IMMEDIATELY FOLLOWS
15

07/26/2022 Item No.7.

IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR:

Date
Signature
Print Name
Title
CITY OF FOLSOM, A Municipal Corporation:

Date
ATTEST:

Christa Freemantle, City Clerk
ORIGINAL APPROVED AS TO CONTENT:

Director
(Must be signed by two officers of the corporation in
compliance with Corporations Code section 313.)
Tax J.O. Number
Signature
Print Name
Title
Elaine Andersen, City Manager
FUNDING AVAILABLE:

Date Stacey Tamagni, Finance Director
ORIGINAL APPROVED AS TO FORM:

Date Steven Wang, City Attorney
Date
Date
NOTICE: SIGNATURE(S} ON BEHALF OF CONSULTANT MUST BE NOTARIZED.

A certificate of acknowledgment In accordance with the provisions of Callfornla Clvil Code section 1189 must be attached for each person executing this agreement on behalf of contractor. This section provides, at part (b): "Any certificate of acknowledgment taken in another place shall be sufficient In this state if it is taken in accordance with the laws of the place where the acknowledgment is made." Contractor Name
Project
16

07/26/2022 Item No.7.

EXHIBIT A

INSURANCE
NOTE: The word "Contractor" in this Exhibit refers to either "Contractor" or "Contractor" as the term is used in the Agreement/Contract to which this Exhibit is attached.

A. During the term of this Agreement, Contractor shall maintain in full force and effect at all times during the term of the contract, at its sole cost and expense, policies of insurance as set forth herein:

I. General Liability :
a. General liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability.
b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).
c. Claims-made coverage is not acceptable.
d. The limits of liability shall not be less than:

Each occurrence: One Million Dollars ($1,000,000)
Products & Completed Operations: One Million Dollars ($1,000,000) Personal & Advertising Injury: One Million Dollars ($1,000,000) e. If a general aggregate limit of liability is used, the minimum general aggregate shall be twice the 'each occurrence' limit or the policy shall contain an endorsement stating that the general aggregate limit shall apply separately to the project that is the subject of the contract.
f. If a products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice the 'each occurrence' limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the contract.
g. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

2. Automobile Liability:
a. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles.
b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol 1 (any auto).
c. The limits of liability per accident shall not be less than:

Combined Single Limit One Million Dollars ($1,000,000)
17 Contractor Name
Project

07/26/2022 Item No.7.
d. If Automobile Liability coverage, as required above, is provided by the Commercial General Liability form, the General liability policy shall include an endorsement providing automobile liability as required above.

3. Workers' Compensation
a. Workers' Compensation Insurance, with coverage as required by the State of California (unless the Contractor is a qualified self-insurer with the State of California), and Employer's Liability coverage.
b. Employer's Liability Coverage with a limit not less than $1,000,000 per accident for bodily injury and disease.
c. Contractor shall sign and file with the City department responsible for this Agreement/Contract the Worker's Compensation Certificate contained in the Project Manual.

4. Insurance Required in the Supplementary Conditions
Contractor shall be required to comply with all conditions as stipulated in the Standard Construction Specifications, any supplementary conditions and any special provisions as applicable.

5. Professional Liability Insurance
If required errors and omissions, malpractice or professional liability insurance with coverage of not less than $1,000,000 per claim.

6. Other Insurance Provisions
a. The Contractor's General Liability and Automobile Liability policies shall contain, or be endorsed to contain, the following provisions:
i. The City, its officials, employees, agents and volunteers shall be covered and specifically named as additional insureds on a separate endorsement as respects liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied, or used by the Contractor, or automobiles owned, leased, hired, or borrowed by the Contractor in a form acceptable to the City Attorney. ii. The Endorsement requirement may be satisfied with express provisions in the insurance policy(ies) which identifies any person or entity required to be included as an insured under the policy. A copy of the declarations page identifying the policy number, and pertinent provisions in the policy providing additional insured coverage shall be provided to the City.
iii. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officials, employees, agents or volunteers . b. For any claims related to the project, the Contractor's General Liability and Automobile insurance coverage shall be primary insurance in their coverage of the City and its officers, officials, employees, agents, or volunteers, and any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
c. Any failure to comply with reporting or other provisions of the policies on the part of the Contractor, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. d. The Contractor's Workers Compensation and Employer's Liability policies shall contain an endorsement that waives any rights of subrogation against the City, its Contractor Name
Project
18

07/26/2022 Item No.7.
officers, officials, employees, agents, and volunteers. e. Each insurance policy shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, non~renewed, or materially changed except after 30 days prior written notice by certified mail has been given to the City. Ten days prior written notice by certified mail shall be given to the City in the event of cancellation due to nonpayment of premium.

7. Acceptability of Insurers
Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.

8. The Contractor shall furnish the City with Certificates of Insurance and endorsements or insurance binders , signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this section , the Standard Specifications, Special Provisions and/or any Supplementary Conditions . The Contractor shall furnish complete, certified copies of all required insurance policies, Including original endorsements specifically required hereunder if requested.

9. The Contractor shall report, by telephone to the Project Manager within 24 hours, and also report in writing to the City within 48 hours, after Contractor or any Subcontractors or agents have knowledge of, any accident or occurrence involving death of or serious injury to any person or persons, or damage in excess of Ten Thousand Dollars ($10,000) to property of the City or others, arising out of any work done by or on behalf of the Contractor as part of the contract.

Io. Such report shall contain:
a. the date and time of the occurrence,
b. the names and addresses of all persons involved, and c. a description of the accident or occurrence and the nature and extent of the injury or damage .

11. The City, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice.

12. If the Contractor fails to procure or maintain insurance as required by this section, the Standard Specifications, and any Supplementary Conditions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance . Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Contractor under the contract.

13. Failure of the City to obtain such insurance shall in no way relieve the Contractor from any of its responsibilities under the contract.

14. The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its Subcontractors of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the City.

15. The failure of the City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the contract.

16. In the event Contractor carries Excess Liability Coverage, the Excess Liability Coverage shall apply to any and all claims related to the project on a primary and non-contributory basis, and the City's insurance or self-insurance coverage shall be excess to the · Contractor's Excess Liability Coverage.

Contractor Name
Project
19

07/26/2022 Item No.7.

PAYMENT BOND
BOND NO. : -------
PREMIUM : -------City of Folsom
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF FOLSOM (hereinafter referred to as "CITY") has awarded to (hereinafter designated as "Principal") an agreement for the City of Folsom Sports Courts Resurfacing Project (hereinafter referred to as the "Project").

WHEREAS, the work to be performed by Principal is more particularly set forth in the Contract Documents for the Project dated ______ _, (hereinafter referred to as the "Contract"), the tenns and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said Contract providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or tenns used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond.

NOW, THEREFORE, we, the undersigned Principal and
_ _________ __________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and finnly bound unto the CITY in the sum of ________ ___ DOLLARS, ($ _____ ~, said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequen t ial damages . In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations January 2022 Payment Bond

07/26/2022 Item No.7.
entitled to make claims under Section 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the tenns of the said Contract or to the work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ __ day of _ _____ , 2022, then names and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body. Principal: _ _ ___________ _
By:, _ ______________ _
Surety:

APPROVED AS TO FORM Address:

City Attorney Telephone:

Attorney in Fact:
{Attach Attorney -Jn-Fact Certificate, Corporate Seal and Surety Seal. This bond must be accompanied by n current Power of Attorney Appointing the Attorney-in-Fact) NOTICE:

A CERTmCATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE
PROVISIONS OF CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH

PERSON EXECUTING THIS AGREEMENT ON BEHALF OF PRINCIPAL AND SURETY.

January 2022 Payment Bond

07/26/2022 Item No.7.

PERFORMANCE BOND
BOND NO.: - ------
PREMIUM: _____ _
City of Folsom
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF FOLSOM (hereinafter referred to as "CITY") has awarded to ____ ___ _, hereinafter designated as the "Principal" a contract for the City of Folsom Sports Court Resurfacing Project (hereinafter referred to as the "Project").

WHEREAS, the work to be performed by Principal is more particularly set forth in the Contract Documents for the Project dated - -----~ (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, the undersigned Principal and
___________ _ _______ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the CITY in the sum of ___________ DOLLARS,
($ _____ ~, said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the two-year guarantee of all materials and workmanship; and shall indemnify and save hannless the CITY, its officers and agents, as stipulated in said Contract Documents, then this obligation sha11 become nuJI and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by CITY in enforcing such obligation.

The obligations of Surety hereunder shall continue so long as any obligation of Principal remains. Nothing herein shall limit the CITY's rights or Principal's or Surety's obligations under January 2022 Performance Bond

07/26/2022 Item No.7.
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Principal shat I be, and is declared by the CITY to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the CITY's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bjdder , the Surety and the CITY, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modification thereto, less any amount previously paid by the CITY to Principal and any other set offs pursuant to the Contract Documents.
(3) Permit the CITY to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modification thereto, less any amount previously paid by the CITY to Principal and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the CITY may reject any design-bui1der, contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by Principal. Surety shall not utilize Principal in completing the Project nor shall Surety accept a bid from Principal for completion of the Project if the CITY, when declaring Principal in default, notifies Surety of the CITY's objection to Principal's further participation in the completion of the Project.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Pr~ject to be performed there under shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___ day of ______ , 2022, then names and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

Principal:. ______________ _
By: ------------- - - --
January 2022 Performance Bond

07/26/2022 Item No.7.

Surety:

APPROVED AS TO FORM Address:

City Attorney Telephone:

Attorney in Fact:
(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal. This bond must be accompanied by a current Power of Attorney Appointing the Attorney-in-Fact) NOTICE:

A CERTIFICATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE
PROVISIONS OF CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH

PERSON EXECUTING THIS AGREEMENT ON BEHALF OF PRINCIPAL AND SURETY.

January 2022 Performance Bond

07/26/2022 Item No.7.

GUARANTEE FOllM
hereby unconditionally guarantees that the Work ------------performed for the (Folsom City Hall Boiler & HVAC Replacement Design-Build Project), has been done in accordance with the requirements of the Contract therefore and further guarantees the Work of the Contract to be and remain free of defects in workmanship and materials for a period of two (2) years from and after the recordation of the Notice of Completion of the Project and completion of all Contract obligations by the Contractor, including formal acceptance of the entire Project by the City of Folsom, unless a longer guarantee period is called for by the Contract Documents, in which case the terms of the longer guarantee shall govern. The Contractor specifically waives any right to claim or rely on the statutory definition of completion set forth in Civil Code section 3086. The Contractor specifically acknowledges and agrees that completion shall mean the Contractor's complete performance of all Work required by the Contract Documents, amendments, change orders, construction change directives and punch lists, and the City of Folsom's formal acceptance of the entire Project, without regard to prior occupancy, substantial completion doctrine, beneficial occupancy, or otherwise. The Contractor hereby agrees to repair or replace any and all Work, together with any adjacent Work which may have been damaged or displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or materials within the guarantee period specified, without any expense whatsoever to the City of Folsom, ordinary wear and tear and unusual abuse and neglect only excepted. The Contractor has provided contract bonds, which will remain in full force and effect during the guarantee period.

The Contractor further agrees that within ten ( 10) calendar days after being notified in writing by the City of Folsom of any Work not in accordance with the requirements of the contract or any defects in the Work, it wil I commence and prosecute with due diligence alJ Work necessary to fulfill the terms of this guarantee, and to complete the Work within a period of time stipulated in writing. In the event it fails to so comply, Contractor does hereby authorize the City of Folsom to proceed to have such Work done at the Contractor's expense and it will pay the cost thereof upon demand. The City of Folsom shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs.

The guarantee period for corrected defective work shall continue for a duration equivalent to the original guarantee period.

Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the employees of the City of Folsom, or its property or licensees, the City of Folsom may undertake at the Contractor's expense without prior notice, all Work necessary to correct such hazardous condition when it was caused by the Work of the Contractor not being in accordance with the requirements of January 2022 1 Guarantee

07/26/2022 Item No.7.
this contract, or being defective, and to charge the same to the Contractor as specified in the preceding paragraph.

The guarantee set forth herein is not intended by the parties, nor shall it be construed, as in anyway limiting or reducing the City ofFolsom's rights to enforce all terms of the Contract referenced hereinabove or the time for enforcement thereof. This guarantee is provided in addition to, and not in lieu of, the City ofFolsom's rights on such contract.

CONTRACTOR'S SIGNATURE

PRINTNAME
January 2022 2 Guarantee

07/26/2022 Item No.7.

ESCROW AGREEMENT FOR SECURITY DEPOSITS

IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between _________ _ ____ _ _ _ _ whose address is ____________ _ ______ ,
hereinafter called Owner, whose address is
hereinafter called Contractor, and _________________ _, --- whose address is ---- - ------- --- - - - - - ---- ---- ------ - ---- - -' hereinafter called Escrow Agent.

For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:

I. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for (in the amount of) _______ _____ _ _ _ _ _________ dated _______ _ __ (hereinafter referred to as the "Contract''). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of - - - --------~ and shall designate the Contractor as the beneficial owner.

2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

5. The interest earned on the securities or the money market accounts held in escrow and aU interest earned on that interest shall be for the sole account of the Contractor and shall be January 2022 Escrow Agreemenf

07/26/2022 Item No.7.
subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable tot he Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities and payments of fees and charges.

9. Escrow Agent shalJ rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

I 0. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:

Title Title
Name Name
Signature Signature
Address Address
January 2022 2 Escrow Agreement

07/26/2022 Item No.7.

On behalf of Escrow Agent:

Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner; Contractor:

Title Title
Name Name
Signature Signature
January 2022 3 Escrow Agreement

07/26/2022 Item No.7.

SUPPLEMENT ARY CONDITIONS
FOR

CITY OF FOLSOM

CITY HALL HVAC & BOILER REPLACEMENT DESIGN-BUILD PROJECT

1. Summary
A. The following modifies and supplements the City of Folsom Department of Public Works Standard Construction Specifications, which are a part of this Contract. The above named General Conditions are modified as follows:
1) Where any part of the General Conditions is modified or deleted, unaltered provisions shall remain in effect.

2. Specifications
A. The work to be perfonned under this contract shall be done in accordance with the Supplementary Conditions contained herein. In these Supplementary Conditions, reference is made to the most current editions of:

B. City of Folsom Standard Construction Specifications referred to herein as Standard Specifications, and
C. California Building Code 2016 Edition as adopted by the City of Folsom effective January 2017 including but not limited to Chapter 1609.5 and Chapter 33.

D. State Specifications, State of California.

E. The Proposal Specifications shall govern first, followed by the Plans, Supplementary Conditions, Standard Specifications and State Specifications respectively.

3. List of Subcontractors
A. The Contractor shall perform, with the Contractor's own organization and with workers under the Contractor's immediate supervision, work of a value not less than 25 percent of the value of all work embraced in the contract. All other requirements of Section 2.05 of the General Provisions shall remain in effect as a part of this Contract.

4. Completion Time
A. The time limit for the completion of all work is 60 (Sixty) calendar days from the Notice to Proceed.

5. Interpretation of Contract Documents
A. No oral representations or interpretation will be made to any bidder as to the meaning of the contract documents.

B. Requests for interpretation shall be made in writing and delivered to the City al least five (5) days before the time announced for open ing the proposals.

C. Interpretation, where necessary, will be made by the City in the fonn of an addendum to the contract documents and, when issued, will be sent as promptly as is practicable to all parties to whom the bid documents have been issued. All such addenda shall become part of the contract.

D. Requests for information regarding this procedure or other similar information shall be directed to Chris O'Keefe, Facilities Maintenance Supervisor, City of Folsom, 50 Natoma Street, Folsom CA 95630, 916-461- 6684 / email [email protected].

E. It shall also be the bidder's responsibility to call to the attention of the Project Manager any missing pages or drawings in the contract documents including the addenda. These items shall be brought to the attention of the Project Manager at least one (I) week prior to the bid opening date.

SUPPLEMENTARY CONDITIONS-City of Folsom City Hall HVAC & Boller Replacement Design-Build Project

07/26/2022 Item No.7.

F. The Contractor will be furnished, free of charge, five (5) copies of Project Manuals for execution of the Work.

G. Any work cal1ed for in the Drawings and not mentioned in the specifications, or vice versa, shall be performed as though fully set forth in both.

H. Work not particularly detailed, marked, or specified shall be the same as similar parts that are detailed, marked or specified.

I. In case of conflict between the Drawings and Specifications, the Drawings shall govern in matters of quantity, the Specifications in matters of quality.

J. The general character of the detail work is shown on the Contract Drawings. 1) The Contractor will furnish shop drawings and additional details, if necessary, to more fully explain the work and it shall be considered a part of the Contract. 2) Any work executed before receipt of such details, if not in accordance with it, shall be removed and replaced, or adjusted, as directed, without expense to the Owner. a. Should any detail submitted later than the Contract Drawings, be in the opinion of the Contractor, more elaborate than the Contract Drawings and the Specifications indicate, written notice thereof shall be given to the Owner within five days of receipt of same. b. The claim will be considered, and, if justified, said detail drawings will be amended or the extra work authorized; non-receipt of such notice shall relieve the Owner of any claim.

6. Review of Contractor's Information (Submittals)
A. When review and checking for acceptance is required of any drawing, or information regarding materials and equipment, the Contractor shall prepare or secure, and submit for review, three (3) copies.

B. Deliver submittals to City of Folsom Parks & Recreation Department at 50 Natoma Street, Folsom, California 95630. Attention: Chris O'Keefe, Facilities Maintenance Supervisor Submittals may also be sent electronically to [email protected]~ C. The Project Manager, after taking appropriate action, will return one (] )-marked copy to the Contractor. The City of Folsom submittal review is performed to determine that the Submittal is in conformance with the design intent.
1) "Design intent" and "design concept" shall mean the general purpose of the design or plan. 2) It shall not encompass particular calculations, dimensions, quantities, or other means by which the Contractor intends to carry out the plan."
D. Transmit each item under City of Folsom - accepted form. Bind submittals with index tabs.

Identify:
1) Project
2) Contractor
3) Subcontractor
4) Drawing sheet and detail number submittal refers to
5) Specification section number, as appropriate
6) Deviations from Contract Documents
7) Provide space for City of Folsom review stamps
E. Product Data Submittals: Each copy of product data shall be marked to identify:
1) Applicable products, models, options, which bid item the submittal is related to 2) Performance data
SUPPLEMENTARY CONDITIONS- City of Folsom City Hall HVAC & Boiler Replacement Design-Build Project l

07/26/2022 Item No.7.
3) information unique to the Work
4) Manufacturers' installation instructions
5) Major supplier
6) Manufacturers' samples of standard colors, textures, and patterns for City of Folsom's selection (City of Folsom shall make selection of colors)

7. Substitutions
A. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents.
l) Request constitutes a representation that Contractor:
a. Has investigated proposed product and detennined that it meets or exceeds, in all respects, specified product.
b. Will provide the same warranty for substitution as for specified product. c. Will coordinate installation and make other changes that may be required for Work to be complete in all respects at no additional cost to the City. d. Waives claims for additional costs and/or contract time which may subsequently become apparent.

B. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents.

C. City of Folsom will determine acceptability of proposed substitution. 1) If, upon City of Folsom review of a substitution, it is determined by the City of Folsom that the substitution is not acceptable, for whatever reason, the Contractor shall supply the specified product or products.

D. The City of Folsom can, at its option, require as a condition of acceptance of a substitution that the Contractor provide a credit to the City of Folsom for the difference in cost of product(s) or components, or systems proposed as a substitution.

8. Schedule of Values
A. The Schedule of Values shall be submitted to the Project Manager along with the signed Agreement.

B. Pro'ect Mana er ma re uest co ies of all Subcontracto · contracts to substa ntiate the Schedu le of Values as submitted by the Contractor.

C. Include sufficient detail under each specification section to identify materials and quantities; use additional sections as required to address items not identified under sections listed.

D. The schedules shall be revised, as the project progresses, to list change orders, for each application for payment.

9. Shop Drawings:

A. Before submission of each Shop Drawing or sample, the Contractor shall detennine and verify all:
1) Calculations
2) Quantities
3) Dimensions
4) Specified performance criteria
5) Installation requirements
6) Materials
SUPPLEMENTARY CONDITIONS- City of Folsom City Hall HVAC & Boller Replacement Design-Build Project 3

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7) Catalog numbers
8) Similar data with respect thereto
B. Contractor shall review or coordinate each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the work and contract documents.

C. Contractor will stamp his approval on each sheet of Shop Drawings and verify the review in writing.

D. At the time of each submission, the Contractor shall give the City of Folsom specific written notice of each variation, deviation, or change that the Shop Drawings or samples may have made from the requirements of the Contract Documents and, in addition, shalJ note specifically every variation on each Shop Drawing submitted to the City of Folsom for review and approval. l O. Review of Shop Drawings:

A. Shop Drawings will not be checked for exactness, accuracy or correctness.

B. The City of Folsom is entitled to rely on the Shop Drawings submitted by the Contractor as exact, accurate , and correct drawings.

C. The City of Folsom review of Shop Drawings for deviation, variations and changes shall be limited to the deviations, variations and changes of which the Contractor has notified the City of Folsom in writing.

D. Such deviation. variation and changes shall be shown on the Shop Drawings by means of a cloud or darkening of the area requiring review.

E. Absent written notice and clouding, City of Folsom shall have no liability for review of any deviat ion, variation, or changes reflected in the Shop Drawings.

11. Record Drawings
A. The Contractor shall maintain a neatly and accurately marked set of record drawings showing the final locations and layout of all mechanical, electrical, and instrumentation equipment; piping and conduit; structures; and other facilities.

B. Drawings shall be kept current weekly, with all work instructions and change orders; mechanical , electrical, and instrumentation equipment accommodations; and construction adjustment.

C. Drawings shall be subject to the inspection of the Project Manager at all times and progress payments, or portions thereof, may be with he.Id if drawings are not accurate and current.

D. The Contractor will supply one (1) set of Record Drawings on screened mylars to the City. The Contractor is responsible for the cost of this and any additional sets.

E. Prior to acceptance of the Record Drawings, the Contractor shall deliver to the Project Manager two (2) blue print sets of neatly marked record drawings accurately showing the information required above. All markings shall be neatly drafted using mylar pencil or indelible ink; smudgable or smearable pencil or pen marks will not be accepted. The City shall review for completeness and accuracy, comment / approve, and return to the Contractor for revisions if necessary to the final mylar Record Drawings. Submit final Record Drawings prior to receipt of final payment.

12. Materials and Equipment
A. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged.

B. The City of Folsom may reject as non-complying such material and products that do not bear identification satisfactory to the Project Manager as to manufacturer, grade, quality, and other pertinent information.

SUPPLEMENTARY CONDITIONS - City of Folsom City Hall HVAC & Boiler Replacement Design-Build Project 4

07/26/2022 Item No.7.

C. Storage: Except as otherwise approved by the Project Manager, determine and comply with manufacturer's recommendations on product handling, storage and protection with seals and labels intact and legible until time of use.

I) Store sensitive products in weather-tight enclosures ; maintain within temperature and humidity ranges required by manufacturer's instructions. 2) For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation.
3) Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. 4) To facilitate efficient construction progression, as well as ordering and delivery of materials, the City may pay for stored materials with each progress payment under this contract.

Discretion for this decision shall lie with the Park Planning Superintendent. · D. In event of damage, promptly make replacements and repairs to the approval of the City of Folsom and at no additional cost to the City of Folsom.

E. Promptly remove damaged materials and unsuitable items from the job site, and promptly replace with material meeting the specified · requirements, at no additional cost to the City of Folsom.

F. Additional time required to secure replacements and to make repairs will not be considered by the City of Folsom to justify an extension in the Contract Time of Completion .

G. After installation, provide coverings to protect products from damage from traffic and construction operations, remove when no longer needed.

13. Manufacturer's Directions
A. Manufactured articles, material, and equipment shall be applied, installed, connected , erected, adjusted, tested, used, cleaned, and conditioned as recommended by the manufacturer unless specified to the contrary.

B. Copies of the manufacturer 's installation instructions and procedures shall be submitted prior to the installation of manufacturer's articles, material and equipment.

14. Protection of Existing Improvements
A. Existing improvements, utilities and adjacent property shall be protected from damage resulting ~om the Contractor's operations.

B. All trees, shrubbery, fences, walls and other improvements including roof areas not a part of this project, existing pavements and sidewalks, shall be protected from damage by the Contractor throughout the construction period.

C. All painted or other disfiguring markings on the pavement, sidewalk or gutters shall be removed by the Contractor before acceptance of the work.

D. The cost for protection of existing improvements shall be included with those bid items the bidder deems appropriate; the Contractor shall be liable for costs of repairing damage to existing improvements and roof area not a part of this project.

15. Construction Facilities and Temporary Controls
A. The Contractor shall provide and maintain the following facilities throughout the construction of the project:

B. Temporary Roof Protection: If a weather event (rain, etc.) occurs at any time during the construction period, the contractor is responsible for providing temporary rain protection for the City Hall. Boiler/HY AC equipment. Temporary rain protection means absolutely no water SUPPLEMENTARY CONDITIONS - City of Folsom City Hall HV AC & Boiler Replacement Design-Build Project 5

07/26/2022 Item No.7.
intrusion into the building. This temporary rain protection shall be fully secured in place and remain in place until said weather event is completely over.

C. Provide construction fencing as required to prevent public entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations. 1) The contractor shall provide for public access around the perimeter of the area at all times 2) Equipment/vehicular and pedestrian gates with keyed locks; provide keys to the City of Folsom Project Inspector and Project Manager.
3) All gates and fences shall be securely locked, or securely attached at the conclusion of each day's work. Provide high visibility fence around trees and plants designated to remain. 4) Protect against vehicular traffic, dumping, chemically injurious materials and puddling or continuous running water.
5) Contractor shall maintain security at all times until project acceptance by the City.

D. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in providing construction facilities and temporary controls shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed, therefore.

16. Temporary Electricity
A The Contractor is responsible for providing portable, temporary electrical power as required to perform the proposed work if existing electrical power is unavailable.

17. Temporary Water
A. Temporary water connections for construction: Including connection to existing hose bibs so that water is available by use of hoses. City of Folsom will pay for water used.

18. Project Closeout
A. The Contractor shall comply with procedures stated in General Specifications and General Provisions of the Project Manual prior to issuance of Certificate of Substantial Completion.

B. When Contractor considers Work has reached final completion, submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Project Manual and ready for City of Folsom inspection.

C. In addition to submittals required by the conditions of the Project Manual, provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due.

D. Final cleaning, per Section 7.27 of the General Provisions, shall be complete prior to final inspection.
1) Clean equipment and fixtures to a sanitary condition, clean or replace filters on mechanical equipment. Clean roof drainage systems.
2) Clean site; sweep paved areas, rake cJean other surfaces. 3) Remove waste and surplus materials, rubbish, and construction facilities from the Project and from the she.
4) Remove temporary materials, equipment, services and construction prior to Substantial Completion inspection.
5) The Contractor shall clean and repair damage caused by installation or use of temporary facilities.
6) Restore existing facilities used during construction to specified, or to original, condition.

SUPPLEMENTARY CONDITIONS-City of Folsom City Hall HVAC & Boiler Replacement Design-Build Project 6

07/26/2022 Item No.7.

E. Record drawings shall be provided, in accordance with paragraph VI-E of these general requirements, with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor .

F. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in project closeout shall be considered as included in the prices paid for various contract items of work and no additional compensation will be al1owed therefore.

19. Construction and Demolition Debris
A. The Contractor shall insure compliance with City of Folsom Ordinance No. 1056.

B. The Contractor shall contract with a single City-approved and permitted Construction and Debris Hauler.

C. The Construction and Debris Hauler is responsible for the payment of Construction and Demolition Debris Administrative Fees with the City of Folsom Utilities Department.

END SUPPLEMENTARY CONDITIONS
SUPPLEMENTARY CONDITIONS- City of Folsom City Hall HVAC & Boiler Replacement Design-Build Project 7

07/26/2022 Item No.7.

Folsorn City Hall Des1gn-Bu1ld Boiler & HVAC Replacement P1 OJect Existing HVAC Units
Existing HVAC Units
Appendix B:

Folson1 City Hall HVAC Location Map

07/26/2022 Item No.7.

Attachment
Commissioning Checklist for Each HVAC Unit (to be provided with Submittal) PROJECT:

Equipment:

Name/Tag: Location:

ITEM m COMMENTS

PRE-START-UP INSPECTION
Commissioning lock-out procedures reviewed
Operation and maintenance information
Mounting/support system and vibration isolation
Seismic restraints
Equipment guards
Alignment & V-belt tension
Freedom of rotation
Lubrication
Plenums clean and free of loose material
Temporary start-up filters
Fire & balance dampers positioned
Access doors, Insulation, and interior lights
Filter bank, DP switch gauge and photohellcs
Local valving/piping (gas, condensate, pans, drains)
Motorized dampers
0/X expansion (cooling) coil and compressor
D/X condensing coll and fans
Gas piping and valving complete
Gas inspection certificate
Regulatory authority approved installation and burner
control (certificate available)
Building cleanliness
Electrical wiring complete
Overload protection (sized correctly)
Disconnect switch (tested)
Local control module with DDC interface
Control system - point to point checks complete

START-UP
Start-up by manufacturer's representative with report
and certificate or log provided
Direction of rotation
Electrical Interlocks - stop/start
Local air leakage acceptable
Vibration & noise level acceptable
Motor Amps - Rated: Actual:

Motor Volts - Rated:_ Actual:

Final operating filters installed

07/26/2022 Item No.7.
8{

MECHANICAL
AK Mechanical (nc.

I 040 Paso Diablo Ct.

Placerville, Ca. 95667
Ca. Lie. 973241
Phone 530 417 2862
TO: Chris Okeef
City of Folsom, CA
Folsom City Hall
50 Natoma Street
Folsom, CA 95630
Proposal Folsom City Hall Boiler and HVAC Replacement Project:

AK Mechanical Inc. proposes to replace four rooftop package units, two boilers, and VAV control system per Folsom City Hall Boiler and HVAC Replacement Project RFP.

Carrier equipment, Lochinvar 97% boilers, and ALC controls.

Includes preconstruction drawings per RFI and equipment submittals for approval.

Obtain building permits as required
A/C unit scope: Remove A/C 1, 2, 3, and 4 and replace with new units. Includes: Units, curb adaptors, control wiring, new disconnects and electrical wiring from rooftop POC. Condensate piping. Gas piping at A/C 2. Start up and startup report. Crane rental, and unit disposal. All work is above the roof line.

Price: $529,534.00
Scope Boilers: Remove two boilers and replace with two new boilers with fixed speed primary pumps.

Includes all necessary hydronic, condensate, and gas piping. Hydronic piping insulation. Secondary drain pan and flue pipe. Power wiring. Start up and startup reports. Crane rental and disposal. All work is inside the boiler room. Price: $102,509.00
Add for variable speed primary pumps. $4,977.00
Scope controls:
111 All existing raceways, gutters, and panels shall be used 111 All existing BMS panel and VAV 24vac transformers shall be used 111 Provide all cabling, hardware, field components materials rn Provide and install (1) Work station and (1) building level router rn provide new DDC system licensing at the current revisions including all software patches, and update lzl Install new Bacnet MS/TP Communication cabling to all new proposed DDC devices rn Install new Bacnet MS/TP Communication cabling to the new AHU/RTU equipment 111 Variable Air Volume (VAV) Terminal Units; Hardwired Control:
111 Provide new communication cable to new room temp sensors, with set point adjust, local override, and LCD
rn Provide and install (75ea) terminal unit controllers integral damper actuators, and velocity DP transducer
rn Provide and install (75ea) zone temp sensors, with set point adjust, local override, and LCD rn Provide and install (45ea) plenum discharge air temp sensor, and hot water valve Provide 10% of the zone sensors with CO2 feature
rn Provide (45ea) pressure dependent 2-way valve/actuator assemblies 111 Provide VAV single zone with hot water reheat vav programming with setpoint adjust (+/-2F)

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m Provide VAV single zone CO2 minimum CFM reset programming for areas requiring demand control ventilation
Ill Provide new VAV zone graphic to reflect new equipment controls with the following operator graphical control: Cooling and heating set point adjust, CFM setpoint adjust, Damper position override, Zone occupancy override
rn Provide scheduling, alarming and trending of critical points rn Provide VAV CFM 4-Point calibration for (75) terminal units at the DP inlet Velocity port; Provide 4- Point calibration documentation for measured results
AHU Programming Optimization:
m All new proposed AHU/RTU shall be controlled by Integration ONLY; all hardwired 1/0 controls are Excluded
121 Provide integration operational programming with terminal zone feedback for servicing AHU reset strategies: Schedule Occupancy, Supply Air Temperature Setpoint Reset, Supply Duct Pressure Setpoint Reset
rn Provide new AHU/RTU equipment graphic to reflect the available integration points rn Provide point trending, and alarming
rn Hot Water System:
rn Re-use the existing DOC panel and 24vac power transformer inside the boiler room 121 Provide and install (1) Controller with 1/0 to cover the proposed point plus 10% spare and output HOA 121 Provide and install the following field components and wire to the Distech controller as shown per M401: 1) outdoor air temperature sensor, (2) boiler start/stop output relays, (2) boiler status dry contact inputs, (1) hot water supply immersion temperature sensor and well, (1) hot water return immersion temperature sensor and well, (2) pump start/stop output relay, (2) pump CT status input 111 Reuse the existing hot water valve/actuator assembly (1) hot water valve modulating output rn Provide system supply water setpoint sequence of operation with lead/ standby boiler staging's programming
121 Provide hot water system setpoint write capabilities 111 Provide hot water system graphics to reflect the proposed points 121 Provide hot water system trending and alarming
m Provide startup and functional testing support
Iii B-1, B-2: Integration Monitoring and Control
121 Provide and install new Bacnet MS/TP cabling to each boiler communication cared Ill Provide Bacnet integration program for the following features: each boiler available display/ status points for monitoring, each boiler supply water writable setpoint rn Provide equipment graphic for each boiler
Ill Site Graphics:
111 Provide new site graphical user interface navigation 111 Provide new first floorplan overview to reflect current wall layout and zoning rn Provide new second floorplan overview to reflect current wall layout and zoni~g ffi Provide new Rooftop floorplan overview to reflect current wall layout and zoning Iii Each floorplan overview shall have hyper link to serving AHU/RTU/terminal zone equipment rn Control Drawing:

Ill Provide electric pdf As-Build Control Drawing follow project completion.

Ill Provide (2) 17xll hardcopy As-Build Control Drawing follow project completion Ill Drawings shall include network riser, network subnet riser, vav unit drawing, and VAV cfm setpoint schedule
Ill Create a database backup following project completion and move to customer designate location Price: $332,982.00

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Two year warranty period maintenance: Quarterly maintenance inspections. Bl.annual filter changes.

Biannual condenser coil cleaning. Includes two year cellular based remote DDC control system access Price; $ Included
Clarifications:
•Existing duct work and VAV boxes to be reused. VAV boxes to be evaluated in progress and replacement to be quoted extra as needed, if needed.
•Existing VAV piping components to be reused, only control valves are included. •Liquidated damages and engineering time frames to be negotiated based on availability of materials and equipment as current lead times are sometimes three to five months. •Equipment lift to be performed on separate Saturdays for north equipment well, and south equipment well. All other work to be performed on regular time.
•Existing primary hot water pumps to be reused.
•Price assumes that structural engineering is not required as equipment weights will be similar to existing.
•New labeling at units, disconnect and VAV locations included. •Price is good for 30 days
Exclusions:
•New or additional vibration isolation at unit curbs.
•Air or water balance
Data center work not included
•Anything else not mentioned above.

07/26/2022 Item No.7.

MECHANICAL
AK Mechanical Inc.
1040 Paso Diablo Ct.

Placerville, Ca. 95667
Ca. Lie. 97324 J
Phone 530 417 2862
AK Mechanical Project Members for Folsom City Hall HVAC Proiect Scott Keeling-Estimator/Manager
Alternate: Jason Ayule
Experience: Over 40 years of Union Mechanical Construction and Service Knowledge In.eluding 10 years servicing Folsom City Hall Completed Projects: Sutter Stockton Blvd MOB tenant improvements, Sacramento, CA., Fresenius Kidney Care Diablo East Antioch Dialysis Center.

ALC Controls retrofits; State fund, Sac CA, 2000 Evergreen Sac, CA.

Jason Ayule-Owner/Construction Manager
Alternate: Scott Keeling
Experience: Over 25 years of Union Mechanical Management service Including 10 years servicing Folsom City Hall
Completed Projects: Sutter Stockton Blvd MOB tenant improvements, Sacramento, CA., Fresenius Kidney Care Diablo East Antioch Dialysis Center.

ALC Controls retrofits; State fund, Sac CA, 2000 Evergreen Sac, CA Philip Snyder-General Foreman
Alternate: Gabe Skelton
Experience: 20-years of local 447 union membership and construction/retrofit related projects.

Completed Projects: Sutter Stockton Blvd MOB tenant improvements, Sacramento, CA., Fresenius Kidney Care Diablo East Antioch Dialysis Center.

Sierra Health Boiler Replacement Sacramento, CA
Alexandria Zepeda-Project Coordinator
Alternate: Scott Keeling
Experience: 5-years working for AK mechanical.

Completed Projects: CADA HVAC Retrofit, Multiple Sites, Sacramento, CA.

Sierra Health Boiler Replacement, Sacramento, CA.

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Al Amini-Lead Electrician
Alternate: Jason Ayule
Experience: Over 35 years commercial and industrial electrical service.

Completed projects : 1545 River Park Drive Sacramento Main Panel Switch Retrofit. 1610 Arden Way Sacramento Main breaker retrofit. California American Water: Well 4 Electrical Rehab, Well 16 Electrical Rehab, Well 18 Electrical Rehab. Preferred Contractor for Site Controls and Motor controls AK Mechanical prides itself on developing long-term relationships with our clients. We bring our Design Build coordination abilities along with our with budget development processes to the General Contractor and other trade team members. Our years for constructability experience has proven to be an asset to maintaining targeted budgets and schedule milestones. Many of our projects are direct to owner which allows us to build and maintain services throughout the construction and buildings operations well after the construction or tenant improvement is completed.

07/26/2022 Item No.7.
a{
AK Mechanical Inc.
1040 Paso Diablo Ct.

Plnccrville. Ca. 95667
MECHANICAL Ca. Lie. 973241
Phone 530 417 2862
Cost Proposal
DDC Controls Retrofit
A/C 1 Replacement
A/C 2 Replacement
A/C 3 Replacement
A/C 4 Replacement
$332,982.00
$253,052.00
$60,726.00
$107,878.00
$107,878.00
Boiler Replacement (2) each $102.509.00
Two-year HVAC maintenance, bi-annual filter
changes, and bi-annual coil cleaning included.

Two-year remote system access included in pricing

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11 .. .,,, ... , . :-,111, .. ,.14
CONTRJ.lCTORS
ST~TE LICENSE BOARD

ACTIVE LICENSE
_ ,,,.-._rr~ 973241 ,-n. CORP
,,,, .. ;•..,-, AK MECHANICAL INC
,.,.,.-.,.-.,,. C20 C10 C36
!""'"":"' 05/31/2022 www.cslb.ca.gov

07/26/2022 Item No.7.

BUSINESS LICENSE
'Far61M ..,Prov /dod In lho ~
NO .. OJ 6l 11Mdo Counlf Only
BUSINESS NAME:
()INESS OWNER:

BUSINESS LOCATION:

AK MECHANIGAL INC

TO BE POSTED IN A CONSPICUOUS PLACE

COUNTY OF EL DORADO
KAREN COLEMAN, MBA I M.ACC. j TREASURER· TAX COLLECTOR
360 Fair Lane • Plagervllla, CA 95887
Phone: /630) 821-6800

NONTRANSFERABLE
BUSINESS TYPE: CONTRACTOR • SPECIAL TY
um er: 051962
1Expiration Date: July 31, 2022
By: ~'f. /I,/___
K. E. Coleman, MBA
Tnmaurer -T1111 Collectur
TC

07/26/2022 Item No.7.
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PREPARED-FOR
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Chris Okeefe
City of Folsom
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Natoma St Folsom c~ ·
Folsom , CA 95814 ..
[email protected]
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PREPARED BY
Jim Mears

AIR SYSTEMS SERVICE & CONSTRUCTION

07/26/2022 Item No.7.

TABLE OF CONTENTS
o Company Profile
o Project Summary
o HVAC
o Scope of Work
o Assumptions & Clarlficatlons
o Exclusions
o Hydronlc
o Scope of Work
o Controls
o Scope of Work
o Assumptions & Clarifications
o Exclusions
o Project Pricing
2

07/26/2022 Item No.7.

There are several reasons why Air Systems Service & Construction Is the right choice for your proJect:

We have Passion  We are Talented  We Innovate  We Collaborate  We Deliver Value Each proJect Is unique In many ways, and the design shows a commitment to differentiate and define Itself as such. The Mechanlcal and Plumbing trade partners that are selected to team on this proJect must have the same appreciation and understanding of the unique nature of the proJect as the team who conceived of It. Air Systems Service & Construction Is perfectly equipped to be that partner.

Air Systems Service & CQpstructlon's creative, proactive agd aggressive pre-constructton efforts wlll yleld the most cost effective mechanlcal and plumbing package for each proJect.

Air Systems Service··.& Con.struc:tton''5 ex,,etJenee •allows us: ·to antlclpatlt pro.Ject challenges and assist In team resolutlon, saYlng-:your:proJect future oosls''and·potentlal project delays.

Safety is one of Air Systems Service & Construction's highest priorities. Our culture of safe work practices conslstently dellvers a low MOD rate, and the resultant overhead cost savings provides a direct benefit to each proJect, as well as minimizing project Impacts due to Incidents.

Together we wlll establish a prioritized coordination and design/ construction schedule with crltlcal path milestones for Integrated lnfonnatlon flow to all the design entitles and trade partners. This prioritized schedule wlll assist In allowlng all parties to be more efficient, and assures that the team stays on track and minimizes or ellmlnates proJect Impacts 12

07/26/2022 Item No.7.

HVAC ProJect Summary
This proposal is for the replacement of (QTY-4) Roof top Air Handling units, This will not be a direct fit, curb adapter will be needed. Both of the Hydronic boiler's will be swapped out as well. Air Systems Service and Construction has performed a thorough review of the project site and equipment submittals Crane events will happen on a Saturday for Safety reasons. The equipment can not be hoisted over an occupied building.
s

07/26/2022 Item No.7.

HVAC (QTY-4)

1. Provide engineering and permit for scope of work listed below.

2. Provide disconnect and safe-off of all electrical serving the unit.

3. Provide disconnect of existing condensate piping.

4. Provide disconnect of existing controls at the unit.

5. Provide disconnect of supply and return air ductwork at point of connection to unit.

6. Provide preparation of existing equipment for crane pick.

7. Perform on-site crane safety meeting with project team.

8. Perform crane pick.

9. Provide proper disposal of the existing equipment per EPA guidelines

8. Furnish and install new equipment in place.

9. Provide reconnection of existing supply and return ductwork to the new unit.

10. Provide reconnection of existing electrical to factory installed disconnect and fuses.

11. Provide re-connection of controls to the unit.

12. Provide reconnection to existing utilities.

13. Provide FACTORY start-up of newly installed equipment to ensure proper operation .

14. Provide all closeout documentation on ASSC provided equipment to include; a) Operation and Maintenance Manuals
b) Warranty Documents
c) Start Up Documents
d) Title 24 Documents
4

07/26/2022 Item No.7.

HYDRONIC BOILER REPLACEMENT

1. Provide engineering and permit for scope of work listed below.

2. Provide disconnect and safe-off of all electrical serving the Boilers and pump.

3. Provide disconnect of existing condensate piping.

4. Provide disconnect of existing controls at the Boilers.

5. Provide disconnect of existing condensate piping.

6. Provide disconnect of supply and return Hot water piping.

7. Provide disconnect of gas piping.

8. Provide preparation of existing equipment for removal.

9. Provide proper disposal of the existing equipment per EPA guidelines.

8. Furnish and install new equipment in place.

9. Provide reconnection of existing supply and return ductwork to the Boilers.

10. Provide reconnection of existing electrical to the new Boilers.

11. Provide re-connection of controls to the Boilers.

12. Provide reconnection of the gas piping.

13. Provide FACTORY start-up of newly installed equipment to ensure proper operation .

14. Provide all closeout documentation on ASSC provided equipment to include; a) Operation and Maintenance Manuals
b) Warranty Documents
c) Start Up Documents
d) Title 24 Documents
5

07/26/2022 Item No.7.

CONTROLS PROJECT NARRATIVE
We are pleased to present for your consideration our proposal to provide the replacement of the existing Treme Tracer controls at Folsom City Hall with current hardware and software from Carrier i-Vu.

CONTROLS BASE SCOPE OF WORK

1. Provide and install the following hardware/software:

FRONT END
o (1) i-Vu Open Pro 750 interface software
o (1) i-Vu XT Router
o (1) Web server, monitor, keyboard and mouse

ZONE CONTROL
o (75) i-Vu Zone Controllers with actuators
o (69) i-Vu Plus space temperature sensors with adjustable slide and pushbutton override o (6) i-Vu Plus space temperature and CO2 combo sensors with adjustable slide and pushbutton override for conference rooms. If more conference rooms are discovered then we will need to issue a change order to capture the additional cost.

AC UNIT CONTROL
o (4) i-Vu TruVu Processors for AC-1, AC-2, AC-3 and AC-4 o (4) I-Vu OPN-UPC translators for integration to new Carrier units o (8) Static pressure transducers for duct and building pressure

BOILER SKID CONTROL
o (1) i-Vu TruVu Processor and 1/0 expander for the boiler skid o (1) Current sensor for pump status
o (4) Water temperature sensors for primary and secondary supply and return o (1) Outside air temperature sensor

2. Provide and install floor to floor conduit in electrical rooms as raceway as required.

3. Provide demo and removal of existing VAV and rooftop equipment controls.

4. Provide and install associated communication, low voltage power, stat and sensor wiring and terminate to new control modules and sensors as required.

5. Provide point to point check out, VAV air flow calibration, programming, floorplan and equipment graphics, functional testing, commissioning and as-bullt drawings for all devices in scope.

6. Provide close-out documentation and owner training upon project completion.

ROEBBELEN CONTRACTING/ UCD STUDENT ATIILETIC PERFORMANCE CENTER

07/26/2022 Item No.7.

CONTROLS SCOPE CLARIRCATIONS

1. Work is to take place during normal business hours, Monday thru Friday, 5:00AM to 3:30PM.

2. Dedicated internet connection with static IP to be provided by Owner.

3. Assumes all existing equipment, devices, panels, conduit and wiring, except those listed as new in scope of work, are functional, in good working condition and can be reused.

4. Assumes supply air temperature sensors and control valves exist at each reheat VAV box and can be reused.

5. Assumes duct and building static pressure tubing Is existing and can be reused.

6. Assumes mechanical as-built drawings from original construction wlll be provided to ASSC.

7. Assumes 4 registers per VAV for balancing as no drawings were provided.

8. Assumes full, unrestricted access to the work spaces for the duration of the project.

9. Assumes 120VAC power to all ASSC temperature control panels will be provided by others.

10. All controls wiring to be plenum rated. Conduit In Electrical Rooms and rooftops to be installed In EMT raceways.

11. Parking is available within 1 block of project site

12. All Carrier i-Vu control modules come with a 24 month warranty.

CONTROLS SCOPE EXCLUSIONS

1. Anything not specifically listed in the scope section of this proposal.

2. Permits, fees, plan review expenses, inspection services, bonds, assessments, etc.

3. Structural review and calculations

4. Moving or protecting of furniture and equipment throughout project.

5. Ceiling system removal and replacement

6. ADA or code compliance upgrades

7. LEED requirements and documentation

8. Asbestos, mold or lead abatement

9. Occupancy, humidity and CO2 sensors

10. Control or monitoring of exhaust fans.

11. Demo of existing control wiring and pneumatic tubing

12. In-wall or underground conduit

13. Line voltage electrical wiring, motor starters, disconnects, or variable frequency drives

14. Any scope related to generator/venvexhaust, fire llfe safety, fire sprinkler system, fire/smoke dampers (FSD), FSD test switches, security/access, receptacle control, utlllty monitoring or lighting

15. Cutting, scanning, coring, roofing, patching, monokote patch back, painting, framing, blockouts, backing plates, structural supports, deck/roof openings, penetrations, and repairs, sound caulking, fire stopping, and flashings

16. Ceiling, wall or duct access doors

17. System design, deficiencies or repairs to existing equipment

18. Air and water testing and balancing

19. Equipment start-up

20. Extended equipment warranties

21. Preventative maintenance
ROEBBELEN CONTIIACTING / UCD STUDENT ATHLErlC PERFORMANCE CENTER Page 215 07/26/2022 Item No.7.

ASSUMPllONS AND CLARIRCATIONS

1. The piping (if applicable) shall meetASPE, PHCC,CPC local code requirements and shall be installed per ASSC construction standards.

2. Are Life Safety integration will be needed for the new piece(s) of equipment into the system.

They will come with Duct Smoke Detectors installed already but will need to be tied into the existing system by the buildings Fire Life Safety Contractor.

3. Assumes permit fees at 5%. If there are any fees above and beyond that, it will be submitted at a re-imbursable expense to the customer.

4. We have included standard housekeeping for our work area. Any additional cleanup above and beyond has been excluded from our pricing.

5. This proposal is for the scope of work in the areas identified. Any deficiencies other than what area stated in the scope of work are explicitly excluded.

6. ASSC is a union shop signatory to the Sheet Metal Workers International Association and the Plumbing/Pipe Fitters United Association and meets the prevailing wage requirements if any.

7. Assumes no badging will be required for this project.

8. Assumes no escorting will be required for this project.

9. Assumes onsite parking will be available for construction personnel.

10.HVAC REPALCEMENT WORK TO BE PERFORMED AFTER HOURS

11.lt is assumed that the existing electrical wire size is sufficient for the new equipment.

12.lt is assumed that the existing breaker size(s) is sufficient for the new equipment

13.The Site-Specific Safety & Health Plan refers to a site safety professionat This person shall provide full-time support for crew members. ASSC employs a full-time safety manager that will provide the support required for this project. This person will not be stationed onsite but will visit the site to assure operations are planned and conducted in a safe manner. 8

07/26/2022 Item No.7.

GENERAL EXCLUSIONS

1. All LEED documentation and Un-identified LEED requirements.

2. 3D Modeling, BIM Administration, BIM coordination, and Clash detection.

3. Special fees, water meters, gas meters, special inspections or bonds.

4. All patching and monokote/fireproofing patch back and painting, including painting of ductwork or piping.

5. Demolition and Drywall repair.

6. 3rd party commissioning agent.

7. Temporary construction barriers and surface protection.

8. Any upgrade to existing systems outside of the project scope to include electrical, structural, controls, smoke detectors, or tie into Fire Life Safety panel. Assumes all existing and in good working order.

9. Temporary utilities.

10.Duct cleaning or any systems tied into.

11.Any electrical work of any kind except for disconnect and reconnect of the existing wire to the new units.

12.Any roofing work of any kind.
9

07/26/2022 Item No.7.

ASSC is a licensed i-Vu provider and installer
~c ;:~ .
••
tQH1 Old ~rvlU. llolld
~,CA"'27
1900 htll Avenue, SMtt. I!
Conclord, CA 9452
(Ill) S<M,2772
www.alraptwn,1.com
Carrier i-Vu Direct Digital Controls
(w ®
✓ AhhJ to meet any custom application
,/Jntuithie 9rnphic--rich ust?r interfate
✓ Ac,:ess from anywhere via any standard Web brows~r
✓ Unlimited us~r lo9in sea ts/ac:cess
✓ Demand Controlled Ventilation (DCV) - eliminates over-ventilation and ensures ample fresh air at all times
✓ Er:onomizer control and 11ight-time free cooling to minimize mechani<:al cooling by using outside air
✓ Heating and cooling lockouts prevent mechanical cooling and heating based on outside air conditions
✓ Setpoint control limiis tenant adjustments
✓ Advanced password policy and SSL for added security
✓ Optimal start algorithm for conditioning space before occ:upanl:s arrive ✓ Web server can be used as user interface, commissioning and configuration tool ..
..

07/26/2022 Item No.7.

ASSC is a licensed ;.~vu provide and installer
Real-time, interactive CUSTOM
EQUIPMENT GRAPHICS give users
total insight and control
ALARMING is easily configured to notify
personnel via email or text message of an
alarm or record information about an
alarm in system.

CUSTOM FLOORPLAN GRAPHICS with
Sample points at different time intervals or
on change of value, and view multiple
TRENDING graphs simultaneously to help
monitor and troubleshoot your system
~·­._ .....
-
,-• I
= =
..,,,,
Very flexible, hierarchical
SCHEDULING capabilities at the
building, area, or zone level
' , ... ,.
, ....... ·~- ·­.., .... ,. .. ,_. __ ........

The TOB application provides building
owners and managers with a convenient Wiil_l,
to track and bill tenants for their after-hours
energy consumption

07/26/2022 Item No.7.

PROJECT PRICING: $991,489
13

07/26/2022 Item No.7.

Pricing is valid for 7 days. If the project award extends beyond that period we will need to update our pricing. Material pricing has become volatile during the C0VID-19 pandemic and can change from day to day. ASSC will work with vendors and equipment suppliers to hold pricing as Ion as ossible.

All material and workmanship provided by Air Systems Service & Construction Inc. is warranted to be free from defects for a period of one (1) year. This warranty requires that the system be properly used and maintained.

Any breakouts are provided for accounting purposes only, and pricing assumes the entire scope of work will be awarded to Air Systems Service & Construction at time of contract award unless specifically stated otherwise.

A change in material and/or commodities pricing in excess of 10% of current pricing (as of the date of this proposal) shall render this proposal void and subject to renegotiation.

Acceptance of the pricing provided for the indicated scope is acceptance of the proposal as indicated herein and excludes anything not expressly indicated within this document.

We look forward to working with you on this project. Please contact me with any questions you have regarding this proposal.

Jim Mears
Air Systems Service and Construction, Inc.

BY:

Chris Okeefe
City of Folsom
BY:

Jim Mears

AIR SYSTEMS SERVICE & CONSTRUCTION
CONTRACTOR'S LICENSE NO. 406794
DIR# 1000432016
FEDERAL TAXPAYER ID NO. 68-0375310
10381 Old Placervllla Rd, SUITE 100
Sacn1mento,CA95827
(888) 504-2712
MBE/WBE# 15080079

07/26/2022 Item No.7.

ATTACHMENT 3

07/26/2022 Item No.7.

VIA E-MAIL
June 28, 2022
City of Folsom
City Clerk's Office
50 Natoma Street
Folsom, CA 95630
~
COAC

COOPER OATES

AIR CONDITIONING
RE: Folsom City Hall Boiler & HVAC Replacement project - Response to ACCO Engineered Systems' Bid Protest dated 6/27/2022
Dear City of Folsom:

We have reviewed ACCO's letter dated June 27, 2022 and submit this response to their Bid Protest.

Their grounds for protest appear to be based on three main points to which we disagree and to which we provide clarification and our rebuttal:
1) " ... COAC would only be providing a one-year warranty." In our cover letter we inadvertently stated that our warranty would be one-year. A one-year warranty is typically an industry standard and we incorrectly included that in our cover letter.

On page 1 of the City of Folsom Sealed Proposal signed by COAC, it states that "The work is to be done in strict conformity with the Contract Documents ... " As such, we would always be held to the standard as set forth in the governing document which is the Project Manual, which we acknowledge is a two-year warranty/guaranty.
2) " ... COAC's bid falls short [in] treating pre and post air readings as "highly recommended" ... " There is no mention of any "pre and post air readings" in the Project Manual. This is the governing document that defines the scope required by the City of Folsom. Given our extensive engineering experience in unit replacements of this type, we recommended that this be done.

We have no argument with ACCO that this should be done and we highlighted it as such for the bid evaluators . We offered that as an "alternate add," should the City choose to exercise that option.
3) '~ .. Required Information requires bidders to describe the design process. 11 We did not articulate a detailed design process beyond the statement that we would "provide mechanical engineering design by a licensed PE" because it was already well articulated in the City's Project Manual under sections 4-B (page 2) and 5-2 (page 3). These two sections are very 6250 SKY CREEK DRIVE, SACRAMENTO CA 95828 ~ 916.381.4611 ~ COACAIR.COM CCL: 611351

07/26/2022 Item No.7.

City of Folsom, City Clerk
RE: Folsom City Hall Boiler & HVAC Replacement project- Response to ACCO Engineered Systems' Bid Protest dated 6/27/2022

clear as to what a licensed PE should provide and ACCO's submissio'l echoes those requirements. As previously indicated, our bid document clearly acknowledges that we will comply with the terms of the Project Manual which means that we are obliged, under the terms of the contract, to follow the scope as provided in the governing document.

Based on our response to the three items in ACCO's bid protest letter of June 27, 2022, we respectfully submit that the City should maintain it's evaluation and scoring of the proposals as per the ranking form provided to all bidders on June 2, 2022 and maintain its award of the project to Cooper Oates Air Conditioning.

Very truly yours,
German Juarez
Project Executive
916-416-7003

07/26/2022 Item No.7.
l o i.,:i I .l1"'[
iia.1!'r t: ),1: :i
Folsom City Council
Staff ort
MEETING DATE: 712612022
AGENDA SECTION: Public Hearing
SUBJECT: Amendment to City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement AreaNo. 6
FROM: Finance Department
RECOMMENDATION / CITY COUJ\EIL AETIQN
It is recommended that the City Council adopt the following resolutions and conduct the first reading of the ordinance:
i. Resolution No. 10893 - A Resolution of the City Council of the City of Folsom Calling a Special Mailed-Ballot Election Related to Change Proceedings for Improvement Area No. 6 within City of Folsom Community Facilities District No. 23 (Folsbm Ranch) ii. Resolution No. 10894 - A Resolution of Change of the City Council of the City of Folsom Relating to Improvement Area No. 6 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch)
iii. Ordinance No. 1330 - An Uncodified Ordinance Levying a Special Tax for the Fiscal Year 2022-2023 and Following Fiscal Years Solely within and Relating to Improvement Area No. 6 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Introduction and First Reading)

BACKGROI IND / ISSTIE
The Folsom Plan Area Specific Plan Public Facilities Financing Plan ("PFFP"), approved by the City Council on January 28, 2014 via Resolution 9298, is an $877 million plan that describes the backbone infrastructure and facility requirements, presents a comprehensive financing strategy, and sets forth the estimated time horizon for the development of the Folsom Plan Area ("FPA").

I

07/26/2022 Item No.8.

The City Council previously approved the Resolution of Formation (ResolutionNo. 10435) on May 26,2020 to form Community Facilities District No. 23 (Folsom Ranch) ("CFD No. 23"), designate Improvement Area No. 6, authorize a special tax to finance the acquisition and construction of certain public facilities and certain public services, authorize the issuance of debt to finance the public facilities, and establish the appropriations limit and maximum bonded indebtedness for Improvement Area No. 6.

The landowners within Improvement AreaNo. 6 have requested to amend the Rate and Method of Apportionment to adjust the maximum special tax rates based on the planned development of property within Improvement Area No. 6. The proposed development plan for Improvement Arla No. 6 includes 9.46 acres of multi-family medium density, 9.26 acres of multi-family high density, and 1 1.71 acres of non-residential use.

On June 14, 2022 this City Council considered to amend the Rate and Method of Apportionment for Improvement AreaNo. 6 by passage of ResolutionNo. 10870.

A Public Hearing is required as part of the amendment process for Improvement Area No. 6.

Notice of the hearing was mailed to the landowners within Improvement Area No. 6 on June 30,2022 and published in the Folsom Telegraph on July 14,2022.

POLICY / RULE
Chapter 5 of the Folsom Plan Area Public Facilities Financing Plan authorizes the formation of CFDs to finance the construction, acquisition, and servicing of FPA backbone infrastructure and public facilities
Section 2.5.3 of the First Amended and Restated Tier I Development Agreement authorizes the formation of infrastructure CFDs
Resolution No. 9282 - A Resolution of the City Council of the City of Folsom Approving Goals and Policies for Community Facilities Districts
Mello-Roos Community Facilities Act of 1982

ANALYSIS
CFD No. 23 is structured as an extended-term CFD and will provide the necessary funding to help fund all or a portion of the project's share of PFFP backbone infrastructure and facilities, including related environmental mitigation obligations. The PFFP backbone infrastructure and facilities will be financed using both bond proceeds and PAYGO special tax revenues. The extended-term CFD structure is proposed to help to meet the challenge of high-cost infrastructure and facilities while also aligning the timing of future funding availability with the need for such funding.
2 Page 226
07/26/2022 Item No.8.

The proposed amendment to the Rate and Method of Apportionment for Improvement Area No. 6 will remove the maximum facilities special tax rates from the multi-family high density land use and the non-residential land use. The maximum facilities special tax will be levied upon the multi-family medium land use only. There is no single-family detached property planned for development within Improvement AreaNo. 6.

The special tax revenue generated from taxable parcels within Improvement Area No. 6 will be comprised of a special tax to fund facilities and a special tax to fund services. The amended Fiscal Year 2021122 maximum facilities special tax rates and maximum services special tax rates, for each land use category, are provided in the table below:

Land Use Category
FY 202U22
Maximum
Facilities
Special Tax
Rate
FY 202U22
Maximum
Services
Special Tax
Rate Per
Single-Family Detached Property - SF/SFHD
Zoning $o $o Unit
Single-Family Detached Property - MLD Zoning $o $o Unit MMD Multi-Family Attached Property $30,600 $3 10 Acre
MHD Multi-Family Attached Property $o $3 10 Acre
Non-Residential Property $o $o Acre
The facilities special tax can be levied and collected through Fiscal Year 2079180. Each fiscal year, commencing with Fiscal Year 2022123, the maximum facilities special tax rate will be increased by 2% annually. The services special tax can be levied and collected in perpetuity for Improvement Area No. 6. Each fiscal year, commencing with Fiscal Year 2022123, the maximum services special taxrate will be increased by the June annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose atea, not to exceed 4o/o.

Approving the resolutions will amend Improvement AreaNo. 6, call for a special mailed-ballot election within Improvement Area No. 6, and declare the results of the special mailed-ballot election within Improvement AreaNo. 6. An ordinance is also being introduced to levy Special Taxes for Fiscal Year 2022123 and following fiscal years. This is the first reading of the ordinance.

F'INANCIAL IMPACT
There is no direct General Fund impact on the City of Folsom. The Improvement Area No. 6 amendment and expenses are solely the responsibility of Improvement Area No. 6. The J Page 227
07/26/2022 Item No.8.

General Fund is not impacted by the Improvement Area No. 6 Amended Rate and Method of Apportionment.

ENVIRONMENTAL REVIEW
An Initial Study and Mitigated Negative Declaration prepared for the Folsom Plan Area Backbone Infrastructure Project were previously prepared for, and adopted by the City Council on February 24,2015, in accordance with the requirements of the California Environmental Quality Act. Pursuant to CEQA Guidelines section 15378(c), the term ooproject" does not mean each separate govemmental approval for an approved activity which may be subject to several discretionary approvals by governmental agencies. Additionally, the creation of government funding mechanisms which do not involve any commitment to any specific project which may result in a potentially signifrcant physical impact on the environment is not defined as a 'oproject" under CEQA. CEQA Guidelines Section 15378(b)(4) and 15061(bX3).

ATTACHMENTS

1. Resolution No. 10893 - A Resolution of the City Council of the City of Folsom Calling a Special Mailed-Ballot Election Related to Change Proceedings for Improvement AreaNo. 6 within City of Folsom Community Facilities District No. 23 (Folsom Ranch)

2. ResolutionNo. 10894-AResolutionofChangeoftheCityCounciloftheCityofFolsom Relating to Improvement Area No. 6 within the City of Folsom Community Facilities DistrictNo. 23 (Folsom Ranch)

3. Ordinance No. 1330 - An Uncodified Ordinance Levying a Special Tax for the Fiscal Year 2022-2023 and Following Fiscal Years Solely within and Relating to Improvement Area No. 6 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Introduction and First Reading)
Submitted,
Tamagni
Finance Director
4 Page 228
07/26/2022 Item No.8.

ATTACHMENT 1

07/26/2022 Item No.8.

RESOLUTION NO. 10893

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOLSOM

CALLING A SPECIAL MAILED-BALLOT ELECTION RELATED TO
CHANGE PROCEEDINGS FOR IMPROVEMENT AREA NO. 6 WITHIN
CITY OF FOLSOM COMMUNITY FACILITIES DISTRICT NO. 23
(FOLSOM RANCH)
WHEREAS, the City Council (the "City Council") of the City of Folsom (the "City") conducted proceedings under and pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended (being Chapter 2.5,Part l, Division 2,Title 5 of the Government Code of the State of California), and all laws amendatory thereof or supplemental thereto (the "Act"), among other things, (i) to form a community facilities district within the City of Folsom, designated and known as "City of Folsom Community Facilities DistrictNo. 23 (Folsom Ranch)" (the "Community Facilities District"), (ii) to designate Improvement Area No. 6 therein, (iii) to authorize a special tax (the "special Tax") to finance the acquisition and construction of certain public facilities (the "Facilities") and certain public services (the "Services"), (iv) to authorize the issuance of debt to finance the Facilities, and (v) to establish the appropriations limit for Improvement Area No. 6 of the Community Facilities District, all as set forth in the City Council's Resolution No. 10435 (the "Resolution of Formation"), adopted on May 26,2020; arld WHEREAS' on June 14, 2022, the City Council adopted its Resolution No. 10870 (the 'oResolution of Consideration") in which it determined to consider amending the rate and method of apportionmentforImprovementAreaNo. 6 (he "Rate andMethod")to adjustthemaximumspecial tax rates based on the planned development within Improvement Area No. 6 (the "Proposed Amendments"); and
WHEREAS, the Resolution of Consideration set a public hearing to be held on July 26, 2022 (the "Public Hearing"); and
WHEREAS, the Public Hearing has been held as scheduled and all persons interested were permitted to testifr and to submit written protests to the Proposed Amendments; and WHEREAS' the City Council determined that there was no majority protest under Section 53337 of the Government Code of the State of California, and thus the City Council is permitted to continue with these proceedings; and
WHEREAS, in order for the Proposed Amendments to be effective, they mustbe submitted to an election of the qualified electors of Improvement Area No. 6 of the Community Facilities District; and
WHEREAS, a Certificate Regarding Landowners (the "Certificate re: Landowners") has been filed with the City Clerk (the "Clerk") and submitted to the City Council, certiffing that during the 90 days preceding the close of the Public Hearing on July 26,2022, there were no persons registered to vote within the tenitory of Improvement Area No. 6 of the Community Facilities District; and
Resolution No. 10893
Page I of8 Page 230
07/26/2022 Item No.8.

WHEREAS, a Certificate of Clerk Regarding Receipt of Property Owner Waiver and Consent, has been submitted by the Clerk, stating that each landowner, or an authorized representative of each landowner, within Improvement Area No. 6 of the Community Facilities District the has filed with the Clerk a properly executed Waiver and Consent (as defined below) in substantially the form attached hereto as Exhibit B, and by this reference incorporated herein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom, as follows:

Section 1. The above recitals are true and correct, and the City Council so finds and determines.

Section 2. The City Council accepts the Certificate regarding Landowners filed inthese proceedings and finds, in accordance therewith, that during the 90 days just past, there were no registered voters residing within the boundaries of Improvement Area No. 6 of the Community Facilities District. Accordingly, under Section 53326(b) of the Government Code of the State of California, the qualified electors of Improvement AreaNo. 6 ofthe Community Facilities District for the proposed special election shall be the owners of land within Improvement Area No. 6 of the Community Facilities District.

Section 3. The City Council further finds and determines that the owners of land within Improvement Area No. 6 of the Community Facilities District (the "Landowners") are the landowners set forth in the attachment to the Certificate regarding Landowners and that the attachment correctly sets forth the amount of property owned by each Landowner and the number of votes to which each Landowner is entitled pursuant to Section 53326(b), being the number of acres owned rounded up to the next whole acre.

Section 4. The City Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting a Mailed-Ballot Election (the "Waiver and Consent") by which the time limits and related requirements respecting preparation and distribution of election materials are waived, a form of which is attached hereto as -p*triUit g. The City Council hereby finds that the rights, procedures, and time periods therein waived are solely for the protection of the qualified electors and may be waived by the qualified electors under Section 53326(a) and53327(b) of the Act and under other provisions of law dealing with waiver generally, and that the Waiver and Consent constitutes a full and knowing waiver, by any qualified elector who has executed the form, of those rights, procedures and time periods' Section 5. The City Council further finds and determines, based on a Certificate of Clerk regarding Receipt of Property Owner Waiver and Consent Forms provided this date by the Clerk that each Landowner, or an authorized representative of each Landowner, has filed with the Clerk a properly executed Waiver and Consent in substantially the form of Exhibit B hereto. The City-Council therefore is establishing the procedures and time periods for this special mailed-ballot election without regard to statutory schedules.

Section 6. Pursuantto Sections 5333S(a) and53326 ofthe GovernmentCode ofthe State of California, the City Council hereby calls an election, to be held and conducted upon adoption of this Resolution, and sets July 26, 2022, as the election date. Pursuant to Section 53326 of the Resolution No. 10893

07/26/2022 Item No.8.

Government Code, the election shall be conducted by mailed ballot; provided that personal service of the respective ballots to authorized representatives of each Landowner is permified under the terms of the Waiver and Consent forms on file with the Clerk and shall therefore be permitted. The Clerk is directed to either mail or make personal service of the ballots, in the form of the attached Exhibit A, to each Landowner or, if one has been appointed pursuant to a Waiver and Consent, to the Landowner' s authorized representative.

Section 7. The proposition to be submitted to the qualified electors of Improvement Area No. 6 of the Community Facilities District shall be as set forth inthe form of special electionballot attached hereto as Exhibit A.

Section 8. The Clerk is hereby designated as the official to conduct the special mailed- ballot election pursuant to the Act and California Elections Code Sections 307 and 320 and the following provisions:
(a) The special election shall be held and conducted, and the votes canvassed and the retums made, and the results determined, as provided herein; and in all particulars not prescribed by this Resolution the special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of special elections consistent with the Act.
(b) All Landowners within Improvement Area No. 6 of the Community Facilities District as of the close of the Public Hearing shall be qualified to vote upon the proposition to be submitted at the special election.
(c) The special election shall be conducted as a mailed-ballot election, in accordance with the provisions of the Act and the prior proceedings of the City taken thereunder, and there shall be no polling places for the special election. All ballots shall be delivered or mailed by the Clerk to the Landowners, and all voted ballots are required to be received by the Clerk not later than 6:00 p.m. on the date of the election in order to be counted. However, if at any time the Clerk determines that all votes have been cast, the Clerk shall immediately declare the election closed.
(d) The Clerk shall commence the canvass of the returns of the special election, and report the returns to the City Council no later than the City Council meeting of July 26,2022.
(e) The City Council may thereupon declare the results of the special election, and shall cause to be spread upon its minutes a statement of the results of the special election as ascertained by the canvass.

Resolution No. 10893

07/26/2022 Item No.8.

Section 9. This Resolution shall take effect from and after its date of adoption.

PASSED AND ADOPTED this 26th day of July,2022,by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

Kerri M Howell, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
ResolutionNo. 10893

07/26/2022 Item No.8.

EXHIBIT A
(Form of Ballot)

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 23
IMPROVEMENT AREA NO. 6
(FOLSOM RANCH)

SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of , a landowner
owning land within Improvement AreaNo. 6 of City of Folsom Community Facilities DistrictNo. 23 (Folsom Ranch).

According to the provisions of the Mello-Roos Community Facilities Act of 1982 and the resolutions ofthe City Council ofthe City of Folsom, the above-named landowner is entitledto cast votes on this ballot.

In order to be counted, this ballot must be certified below and be returned, either by mail or in person, before 6:00 p.m. on July 26,2022,to:

Christa Freemantle, City Clerk
City of Folsom
50 Natoma Street
Folsom, CA 95630
Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted.

AN "X'' OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED.

BALLOT MEASURE
Shall the authority previously conferred upon the City Council (the *CiW Council") of the City of Folsom by and through its City of Folsom Community Facilities District No. 23 (Folsom Ranch) for Improvement Area No. 6 be changed in accordance with the City Council's Resolution of Consideration to Amend the Rate and Method of Apportionment for Improvement Area No. 6 Within the City of Folsom Community Facilities District No. 23 (Folsom Ranch), and Related Matters adopted on June 14,2022?
Number of votes
YES
Number of votes
NO
Resolution No. 10893

07/26/2022 Item No.8.

Certification
The undersigned is or are the authorized representative(s) ofthe above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare underpenalty ofperjury underthe laws of the State of Californiathatthe foregoing is true and correct and that this declaration is executed as of July 26,2022.

By:

Name:

Title:

Resolution No.10893

07/26/2022 Item No.8.

EXHIBIT B
(Form of waiver and consent)

WAIVER AND CONSENT

SHORTENING TIME PERIODS AND WAIVING VARIOUS

REQUIREMENTS FOR PROCEEDINGS AND FOR

CONDUCTING SPECIAL MAILED-BALLOT ELECTION

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 23
(FOLSOM RANCH)
IMPROVEMENT AREA NO. 6
(CHANGE PROCEEDINGS)
The undersigned
owner or authorized
TITLE is the
representative of the owner of Assessor's Parcel No(s)
withinthe above-captioned Improvement Area No. 6 (the "Improvement Area") ofthe City of Folsom Community Facilities DistrictNo. 23 (Folsom Ranch) (the "District").

The undersigned understands that a special mailed ballot landowner election will be held to determine whether the authority conferred upon the City Council by and through the District will be changed, all as set forth in Resolution No. 10870 adopted by the City Council of the City of Folsom on June 14,2022 (the "Resolution of Consideration").

The undersigned is (or are) the person (or persons) legally entitled and authorizedto cast the ballot for the above-referenced owner in the election to be conducted within the District for the Improvement Area.

The undersigned, on behalf of the above-referenced owner, hereby waives any and all minimum time periods and requirements pertaining to the conduct of the election pursuant to Government Code Section 53326(a).

The undersigned, on behalf of the above-referenced owner, hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of Government Code Section53327(b).

The undersigned, on behalf ofthe above-referenced owner, hereby waives the requirementto publish notice of the election under Govemment Code Section 53352.

The undersigned, on behalf ofthe above-referenced owner, hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot.

The undersigned, on behalf ofthe above-referenced owner, hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in Government Code Section 53327.5.

Resolution No. 10893

07/26/2022 Item No.8.

The undersigned, on behalf of the above-referenced owner, hereby waives any right to notice and hearing and consents to authorized facilities, authorized services, expenses and rate and method of apportionment of special tax as described in the related resolutions to be adopted by the City Council of the City of Folsom on July 26,2022.

The undersigned, on behalf of the above-referenced owner, hereby waives any and all defects in notice or procedure in the time periods to record the boundary map, conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the above-referenced owner.

The undersigned, on behalfofthe above-referenced owner, hereby consents to the levy and collection of the special tax in accordance with the amended rate and method of apportionment approved by the City Council for the Improvement Area and hereby waives any and all rights to challenge the inclusion of the above referenced parcels in the Improvement Area and any other proceedings related thereto.

Further, the undersigned, on behalf of the above-referenced owner, hereby waives any entitlement to initiate or prosecute any form of legal proceedings, including judicial proceedings, to challenge any aspect of the proceedings for levy of the special tax and for issuance of bonded indebtedness in the District.

I declare, under penalty of pedury, under the laws of the State of California, that the foregoing is true and correct and that this declaration is executed on 2022.

By
Name
Title
NOTE: lf this form is signed by an authorized representative other than an officer of the property owner(s) of the parcel(s), or if the name of the signing party is different from the name of the property owner, please attach evidence of authorization to sign on behalf of the property owner(s) or evidence of name change.

ResolutionNo. 10893

07/26/2022 Item No.8.

ATTACHMENT 2

07/26/2022 Item No.8.

RE,SOLUTION NO. 10894

A RESOLUTION OF CHANGE OF THE CITY COUNCIL OF THE CITY
OF FOLSOM RELATING TO IMPROVEMENT AREA NO. 6 WITHIN
THE CITY OF'FOLSOM COMMUNITY FACILITIES DISTRICT NO. 23 (roLSoM RANCH)
WHEREAS, the City Council (the "City Council") of the City of Folsom (the "City") conducted proceedings under and pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended (being Chapter 2.5,Part 1, Division 2, Title 5 of the Government Code of the State of California), and all laws amendatory thereof or supplemental thereto (the "Act"), among other things, (i) to form a community facilities district within the City of Folsom, designated and known as "City of Folsom Community Facilities District No. 23 (Folsom Ranch)" (the "Community Facilities District"), (ii) to designate Improvement Area No. 6 therein, (iii) to authorize a special tax (the "special Tax") to finance the acquisition and construction of certain public facilities (the "Facilities") and certain public services (the "services"), (iv) to authorize the issuance of debt to finance the Facilities, and (v) to establish the appropriations limit for Improvement Area No. 6 of the Community Facilities District, all as set forth in the City Council's Resolution No. 10435 (the "Resolution of Formation"), adopted on May 26,2020; and
WHEREAS, on June 14,2022, the City Council adopted its Resolution No. 10870 (the "Resolution of Consideration") in which it determined to consider amending the rate and method of apportionment for Improvement Area No. 6 (the "Rate and Method") to adjust the maximum special tax rates based on the planned development within Improvement AreaNo. 6 (the "Proposed Amendments"); and
WHEREAS, in order for the Proposed Amendments to be effective, a two-thirds approving vote by the qualified electors within Improvement Area No. 6 within the Community Facilities District is required; and
WHEREAS, a special mailed-ballot election has been conducted within Improvement Area No. 6 within the Community Facilities District pursuant to Resolution No. 10893, adopted by the City Council on July 26,2022, to which reference is made for further particulars; and WHEREAS, a Certificate of the City Clerk (the "Clerk") Regarding Election Results (the "Certificate of Election Results") has been filed with the City Council; and WHEREAS, the City Council has received, reviewed and hereby accepts the Certificate of Election Results;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom, as follows:

Section 1.
determines.

Resolution No. 10894

The above recitals are true and conect, and the City Council so finds and

07/26/2022 Item No.8.

Section 2. The City Council hereby finds and determines and declares that the ballot measure submitted to the qualified electors of Improvement Area No. 6 within the Community Facilities District has been passed and approved by those qualified electors in accordance with Sections 53338 of the Government Code of the State of Califomia.

Section 3. The City Council hereby finds and determines and declares that the authority conferred upon it by the Community Facilities District for Improvement Area No. 6 has been changed in accordance with the Proposed Amendments as set forth in the Resolution of Consideration.

Section 4. The City Council hereby authorizes and directs the Clerk to cause an Amended Notice of Special Tax Lien to be prepared and to be recorded with the County Recorder of the County of Sacramento (the ooCounty Recorder") in accordance withthe provisions of Section 3ll7 .5 of the Streets and Highways Code of the State of Califomia and Section 53338(c) of the Government Code of the State of Califomia. The Amended Notice of Special Tax Lien shall include, as an attachment, the amended rate and method of apportionment as provided in Exhibit A to the Resolution of Consideration and be recorded in the County Recorder's office within fifteen days of the date of adoption of this Resolution.

Section 5. This Resolution shall take effect from and after its date of adoption.

PASSED AND ADOPTED this 26th day of July,2022,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10894
Page2 of2 Page 240
07/26/2022 Item No.8.

ATTACHMENT 3

07/26/2022 Item No.8.

ORDINANCE NO. 1330

AN UNCODIFIED ORDINANCE LEVYING A SPECIAL TAX FOR THE FISCAL YEAR 2022.2023 AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO IMPROVEMENT AREA NO. 6 WITHIN THE CITY OF FOLSOM COMMUNITY FACILTTIES DISTRTCT NO.23 (FOLSOM RANCH)
The City Council of the City of Folsom, State of California ordains as follows:

SECTION 1 PURPOSE
The City Council of the City of Folsom hereby finds, determines and declares based on the record before it that:
l. The City is authorized to establish a community facilities district pursuant to the terms of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Division 2 of Title 5 of the California Government Code, commencing with Section 53311 (the "Act"); and

2. Pursuant to Section 53350 of the Act, the City is authorized to designate improvement areas within the community facilities district; and

3. Pursuant to Government Code section 53340 and Resolution No. 10435, adopted by the City Council (the "City Council") of the City of Folsom (the "City") on May 26,2020 (the "Resolution of Formation"), the City Council formed its Community Facilities District No 23 (Folsom Ranch) (the Facilities District") and a rate and method of apportionment of the special tax (as
established therein was approved by
Facilities District on such date; and
amended, the "special Tax") for Improvement Area No' 6
an election of the qualified electors within the Community

4. Pursuant to Resolution No. 10870, adopted by the City Council on June 14,2022 (the "Resolution of Consideration") and Resolution No. 10894 adopted by the City Council on July 26, 2022 (the "Resolution of Change" and, collectively with the Resolution of Formation und th" Resolution of Consideration, the "Resolutions"), the City Council approved an Amended Rate and Method of Apportionment for City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement Area No. 6 (the "Amended Rate and Method"), which changes were approved by an by an election of the qualified electors within the Community Facilities District on such date; and

5. The Resolutions proposed the establishment of an appropriations limit for the Improvement Area (each an "Appropriations Limit"); and

6. The City Council desires to levy and impose the Special Tax and to take other related actions.

Ordinance No. 1330
Page r of4 Page 242
07/26/2022 Item No.8.
1 2
SECTION 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOLSOM
RESOLVES:

The recitals set forth in Section 1 are true and correct.

A special tax is hereby levied on all Taxable Property (as defined in the Amended Rate and Method) within Improvement Area No.6 for the 2022-23 fiscal year and for all subsequent fiscal years in the amount of the maximum authorized tax, provided that this amount may be adjusted annually, subject to the maximum authorized special tax limit, by resolution of the City Council.

The Finance Director of the City of Folsom or designee thereof (the "CFD Administrator") is authorized and directed, to determine each year, without further action of the City Council, the Special Tax, to prepare the annual Special Tax roll in the amount of the Special Tax in accordance with the related exhibit and, without further action of the City Council, to provide all necessary and appropriate information to the Sacramento County Auditor-Controller's Office (the "County") in proper form, and in proper time, necessary to effect the correct and timely billing and collection of the Special Tax on the secured property tax roll of the County; provided, that as provided in the Resolutions and Section 53340 of the California Government Code, the City has reserved the right to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of the City of Folsom (the "City"), including but not limited to, direct billing by the City to the property owners and supplemental billing.

The appropriate officers and agents of the City are authorized to make adjustments to the Special Tax roll prior to the final posting of the Special Tax to the County tax roll each fiscal year, as may be necessary to achieve a correct match of the Special Tax levy with the assessor's parcel numbers finally utilized by the County in sending out property tax bills.
3 5
6 4.

Ordinance No. 1330
Page2 of4
The City agrees that, in the event the Special Tax for the Improvement Area is collected on the secured tax roll of the County, the County may deduct its reasonable and agreed charges for collecting the Special Tax from the amounts collected, prior to remitting the Special Tax collections to the City.

Taxpayers who have requested changes or corrections of the Special Tax pursuant to Section I of the Amended Rate and Method and who are not satisfied with the decision of the CFD Administrator (whether the CFD Administrator disagrees with the taxpayer or concludes that the City is not authorizedto consider the change requested), may appeal to the City Council. The appeal must be in writing, fully explain the grounds of appeal and must be based solely on the correction of mistakes in the levy based upon the status of the property, and no other appeals will be allowed. The CFD Administrator shall schedule the appeal for consideration within a reasonable time at aCity Council meeting.

07/26/2022 Item No.8.

SECTION 3 SEVERABILITY
If for any cause any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel by a court of competent jurisdiction, the balance of this ordinance, and the application of the Special Tax to the remaining parcels, shall not be affected.

SECTION 4 EFFECTM DATE; EFFECT ON ORDINANCE NO. 1305
This ordinance shall take effect and be in force as a tax measure thirty (30) days following its second reading and adoption at a meeting of the City Council; and before the expiration of twenty (20) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published and circulated in the District.

Ordinance No. 1305 adopted by the City Council on June 9,2020, shall be superseded, solely with respect to Improvement Area No. 6, to the extent it is inconsistent with this ordinance, upon the date that this ordinance takes effect, as described in the immediately preceding paragraph.
* * *
Ordinance No. 1330

07/26/2022 Item No.8.

This ordinance was introduced and the title thereof read at the regular meeting of the City Council on July 26, 2022 and the second reading occurred at the regular meeting of the City Council on August 23,2022
On a motion by second by the foregoing ordinance
was passed and adopted by the City Council of the City of Folsom, State of California, day of August,2022 by the following vote, to wit:
this 23'd
AYES: Councilmember(s):

NOES: Councilmembers(s):

ABSENT: Councilmembers(s)
ABSTAIN: Councilmembers(s):

Keni M. Howell, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Ordinance No. 1330

07/26/2022 Item No.8.

This page is intentionally left blank.

07/26/2022 Item No.8.

F()LSOl\{
Folsom City Council
Staff rt

RECOMMENDATION / COUNCIL ACTION
Staff is seeking direction on recommendations described in this staff report resulting from the analysis in the Targeted Mixed-Use and Multi-Family Housing Study. Please review the recommendations presented in the issue summary below and provide direction to staff on the proposed recofilmendations. The detailed report from Opticos Design, is enclosed for reference in Attachment 1.

BACKGROUND/ISSUE
The 2035 General Plan and the recently adopted 2021-2029 Housing Element focus Folsom's future growth along the East Bidwell Corridor, areas around two of the three light rail stations, and the Folsom Plan Area, south of Highway 50. Furthennore, the housing element identified Folsom's share of the region's housing need allocation (RHNA) over the next 8.5-year planning period. The City must provide for the development of 6,383 housing units, of which 3,567 units must be developed as affordable to very low-income and low-income households. A core assumption of the state's RHNA requirements is that the higher the dsnsity permitted in the zoning for the land, the more likely it is to accommodate affordable housing. Thus, per state law, the lower income categories (very low- and low-income) can only be accommodated on sites zoned for higher densities (allowing at least 30 dwelling units per acre). While the202l- 2029 Housing Element identified sufficient sites in the sites inventory to accommodate the current RHNA and provided a buffer of 400 units, once several of these sites develop with housing that is not affordable to low-income households or at lower densities below 30 du/ac, the City will likely be required to identi$ and rezone additional sites outside of the targeted areas.

MEETING DATE: 712612022
AGENDA SECTION: New Business
SUBJECT: Targeted Multi-Family and Mixed-Use Housing Study - Results and Recommendations
FROM: Community Development Department

07/26/2022 Item No.9.

Based on current development trends, the City will likely need to rezone additional sites or identiff new strategies within ayear in order to maintain sufficient RHNA capacity.

To identifr opportunities for increasing development (RHNA) capacily, while at the same time creating housing that is attractive, well-designed and benefits these areas, the City used grant funds to hire Opticos Design, an architecture and urban planning firm with experience advising cities on housing design and development standards. Opticos evaluated the City's current standards including density, height, setbacks, parking standards, and design guidelines. They also evaluated the economic feasibility of projects using these standards. What they found, as described in Attachment 1, is that the City's current development standards in these areas either prevent development altogether or promote poorly designed development and do not encourage the development of more affordably priced housing.

Based on Opticos' analysis, as well as staff s evaluation of how other communities, including Roseville and El Dorado Hills, have addressed similar challenges, staff developed recommendations that focus on form, size, scale, height, and design rather than on density and setbacks. These recommendations are:

1. A modest increase in density to 35 or 40 dtilac in these target areas.

2. An alternative approach using floor area ratio (FAR) that focuses on form, design, and activation of ground floors for projects that wish to exceed the allocated density.

3. Moderate increases in heights in these areas consistent with community input from the prior workshops and survey.

4. Parking reductions down to one space per unit if viable alternative transportation or parking options are provided.

5. Using build-to lines instead of setbacks to ensure that development goes in the right location, activates the street, and supports pedestrian activity.

6. Development of objective design standards that promote quality design, appropriate scale, and building form.

7. Increase the number of allowed housing units in the Folsom Plan Area and rezone additional sites for multi-family housing development subject to the availability of adequate infrastructure and water supplies.

After receiving direction from the City Council, City staff and its consultant, Ascent Environmental, will start the detailed technical and environmental analyses necessary for any future amendments to the General Plan and Folsom Plan Area Specific Plan and the information will also be incorporated into the current Zoning Code Update.

Commission Input: This item was presented to the Planning Commission on July 20,2022.

Since this staff report was completed before the Commission meeting occurred staff will provide the Commission's comments as part of its presentation to the City Council. The Planning Commission meeting was originally scheduled for July 6, 2022butwas continued to July 20 due to technical problems with the call-in number for the July 6 meeting. Please note that this report

07/26/2022 Item No.9.
was not presented to the Historic District Commission since none of the target areas are located within the boundaries of the Historic District,

POLICY / RULE
The City's 2021-2029 Housing Element was approved by the City Council in August 2021. That document includes several policies that relate directly to the issues discussed in this staff report.

These include:

Policy H-1.1 Sufficient Land for Housing: The City shall ensure that sufficient land is designated and zoned in a range of residential densities to accommodate the City's regional share of housing.

Policy H-1.2 Location of Higher-Density Housing Sites: The City shall endeavor to designate future sites for higher-density housing near transit stops, commercial services, employment centers, and schools, where appropriate and feasible. a
a
o
o
o
a
Policy H-1.3 Multi-family Housing Densities: The City shall encourage home builders to develop their projects on multi-family-designated land at the high end of the applicable density range.

Policy H-1.4 Lower-Income Housing Replacement Sites: The City shall mitigate the loss of lower-income housing sites within the Folsom Plan Area by securing voluntary agreements with the landowners to find replacement sites as market-rate housing is developed on sites identified in the lower-income sites inventory.

Policy H-2.5 Objective Standards: The City shall endeavor through its development and design standards and decision making to provide consistent and predictable policy direction based on objective standards for multi-family residential project applicants.

Policy H-3.2 Inclusionary Housing: The City shall continue to require inclusionary housing on all new for-sale units. The City may also consider inclusionary housing as a community benefit for non-City-initiated General Plan and/or Specific Plan amendments that result in rental housing.

Policy H-3.6 Density Bonus: The City shall continue to make density bonuses available to affordable and senior housing projects, consistent with State law and Title 17 of the Folsom Municipal Code.

Policy H-6.3 Balance of Housing Types: The City shall encourage residential projects affordable to a mix of household incomes and disperse affordable housing projects throughout the city, including the Folsom Plan Area, to achieve a balance of housing in all neighborhoods and communities.
o

07/26/2022 Item No.9.

In addition, housing element program H-2 commits the City to increasing opportunities for the development of high-density housing development. Specifically, it states:

Implementation Program H-2 Create Additional Lower-Income Housing Capacity: The City shall create additional opportunities for high-density housing to ensure the City maintains adequate capacity to meet the lower-income RHNA throughout the planning period. The City shall increase maximum allowable densities in the East Bidwell Mixed Use Overlay, SACOG Transit Priority Areas outside the Historic District, and Folsom Plan Area Specific Plan Town Center. In implementing this program, the City shall strive to disperse affordable housing opportunities and avoid fair housing issues related to overconcentration. The City shall coordinate with property owners along the East Bidwell Street corridor and within the Transit Priority Areas to identifu and pursue residential development opportunities. The City shall review and revise Pohcy 4.7 of the Folsom Plan Area Specific Plan to increase the total number of dwelling units allowed in the Plan Area to satisfu the RHNA, as long as infrastructure needs are met. In addition, the City shall coordinate with property owners in the Folsom Plan Area to mitigate for the loss of lower-income housing sites to market-rate housing. a
o Timeframe: Increase maximum allowable densities by 2022; reach out to property owners at least annually.

ANALYSIS
Folsom has continued to grow and is growing faster than the rest of Sacramento County. In addition, housing rents and sales prices are rising faster here than in other communities. The City must plan for that growh and make sure that growth occurs in key areas of Folsom where it will have the most benefit, but also have the least impact in existing areas, especially established residential areas. In the City's 2035 General Plan, new growth is focused in the Folsom Plan Area, the East Bidwell Corridor, and the areas around the City's light rail stations particularly the Glenn/Bob Holderness Station and the Iron Point Station.

In August 2021, the City Council adopted the202l-2029 Housing Element. This state-mandated part of the General Plan serves as the plan to accommodate current housing needs and future growth. It also includes a plan to encourage a variety of different housing types and ensure that there is sufficient land with the correct zoning for the development of housing units affordable to those with lower incomes (e.g., sites zoned to allow up to 30 dwelling units per acre or more).

As a result of the housing crisis in California, the state has passed numerous new laws changing the rules for housing development over the past few years. One of the biggest changes has been how cities and counties plan for sites to accommodate future housing growth, particularly sites for affordable housing. Under state law, if a city or county includes a site in its housing element sites inventory that is zoned for a density of 30 dulac or more and that site is developed with market- rate housing, then the jurisdiction must identifr another site with zoning that allows 30 dr.r/ac or more. As part of the housing element requirements, the jurisdiction must maintain a housing sites inventory suffrcient to accommodate the projected housing growth at all times including sites for housing affordable to lower-income households. If any of those sites identified for affordable

07/26/2022 Item No.9.
housing are developed with market-rate housing, then the jurisdiction must identifi'additional sites and rezone those sites for housing at 30 du/ac or more within 6 months so that it can accommodate its future affordable housing obligations. This is called the "no net loss" provision.

On July 28,2020, City Planning staff, in conjunction with its housing element consultant, Ascent Environmental, explained to the Council that the City's share of the Regional Housing Needs Allocation (RHNA) is 6,383 housing units, which must be planned for over the 2021 Io 2029 period. Of the 6,383 housing units, approximately 56 percent of those units must be affordable to households with lower incomes (e.g., $81,050 or less for a 4-person household). The type of housing that is affordable at those income level is typically apartments.

Though Folsom has a larger proportion of households with children compared to the rest of Sacramento County, it has a growing population of persons aged 65 or older - similar to that of the County. As people age, they often need smaller housing units that are easier to maintain and closer to services. Folsom currently has fewer housing options for those looking to transition out of a larger single-family home. Similarly, as children age and become young adults, there are few affordable housing options here available to them. In addition, while Folsom has almost six million square feet of retail shopping space and has a healthy retail environment compared with other areas in the region, Folsom does not have as many housing options to address the needs of these workers as other cities in this region. As a result, many workers commute into Folsom, which worsens traffrc congestion and parking.

While the City has identified sufficient sites for future housing growth, including sites for affordable development, given current development trends here it is anticipated that within ayear the City may need to rezone additional sites, particularly to meet the lower income housing needs. This is because of the state's "no net loss" requirements discussed earlier in this report.

As a result of the ongoing growth, state law changes, and the increasing cost of housing in Folsom, the community faces a challe4ge. That challenge is not just where to direct this growth, but more importantly ensuring that new housing growth enhances the areas where it is located and minimizes the negative effects of growth (e.g., traffic, noise, greenhouse gas emissions).

Future growth should also provide a variety housing types and prices or rents that meet the needs of all income levels. As part of the City Council presentation on July 28, 2020, the Council was asked the following three questions as staff worked to ensure that the City would continue to have enough capacity for future housing growth:

1. Would Council support increasing densities in several key locations?

2. Would Council support increasing the Folsom Plan Area maximum unit count to accommod ate an increase in multi-family housing?

3. Would the Council support adding an inclusionary requirement for rental housing? Overall, the Council supported the concept of increasing density in key locations and increasing the maximum housing unit count in the Folsom Plan Area if analysis supports it but did not support expanding the inclusionary requirement. Based on this information, City staff and the Opticos team reviewed the existing density limit and development standards for those areas. The conclusion was that the density and existing standards prevent development of smaller sites (e.g.,

07/26/2022 Item No.9.
sites less than 3 acres), favored fewer and larger unit that were less affordable, and if development did occur it would result in poorly designed buildings that would detract from the area. The existing regulations also limit the capacity for growth in these areas, which means the housing element sites inventory could fall below what is required. In that situation, the City would have to identifu additional sites closer to established neighborhoods and rezone those to higher density.

As part of their review, Opticos evaluated how the City's existing development standards impacted design and building form and how these standards affected the economics of projects Based on their review and analysis, Opticos made the following recommendations:
o Encourage attractive design and appropriate building form using FAR instead of density along with objective design standards and appropriate height limits. o Foster pedestrian activity and reduce reliance on automobiles for trips. o Improve development economics for these type of projects by considering changes to development standards including parking reductions.
o Promote development that provides a greater number of units and smaller units to encourage affordability.

In addition to Opticos' review, City staff evaluated the distribution of existing and planned affordable housing sites throughout Folsom and looked at opportunities for additional affordable housing locations in the Folsom Plan Area south of Highway 50. City staff also looked at recent trr.".sful nearby projects in Roseville and El Dorado Hills as well as approaches used in these communities and in other wealthy communities such as San Rafael and Santa Barbara. Those communities have made changes to focus more on building form, design, and height in innovative ways to encourage attractive and affordable housing options.

Furthermore, Senate Bill 330 (2019) and Senate Bill 8 (202I) now require that jurisdictions conduct design review for all residential projects, including single family development, using objective design standards. This means that design review conducted by either staff, Commission or the City Council is limited to whether the project meets objective standards.

Objective design standards must be "uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application" (California Government Code Section 66300(a)(7)). Since design is so critical to whether a project enhances an area or detracts from it, using objective design standards coupled with height limits and FAR is important to ensuring the appropriate and attractive design of new projects.

As a result of this review and the additional legal changes, the key lessons from this effort are the following:
1) Focus on building form not just density.
2) While higher densities are needed for economic feasibility, just increasing density alone will not result in either attractive development or affordable development (refer to the discussion onp.26 of Attachment l).
3) A combination of using FAR standards along with objective design standards, build-to

07/26/2022 Item No.9.
lines, and parking reductions are more likely to result in attractive and appropriate development in these areas as shown in the renderings in Attachment 1. a. FAR levels considered ranged from the current 1.5 FAR in the East Bidwell Corridor to between 2.0 and 4.0 FAR in the Glenn and Iron Point Station areas and at the Folsom Town Center along the Alder Creek Parkway transit corridor The specific target area recommendations can be found in Attachment 1 beginning on p. 23 with a discussion of key design standards onp.24 of the Opticos' recommendations memo.

For the Folsom Plan Area, Opticos provided specific recommendations on design and form for the Town Center. City staff also looked additional opportunities for higher-density affordable housing development including sites within the Town Center and other areas including potential Folsom Plan Area sites in the northwest corner of the along Prairie City Road and in the northeast area south of the planned Empire Ranch Interchange at Highway 50. These sites have the potential to accommodate several hundred higher-density and potentially affordable housing units. All of this is conditioned upon the outcome of technical and environmental studies to determine whether there is sufficient infrastructure and water resources to support this additional development.

With recent attractive higher-density projects ranging from 50 to 75 du/ac in the communities of Roseville and El Dorado Hills, Folsom has the potential to accommodate additional development in its target areas to expand its housing sites inventory without having, to rezone land outside of these areas. While new development brings with it more people and rirore traffic, putting development in these target areas where residents will be closer to jobs, services, shopping, and transit will reduce the likelihood that cars will be needed for all trips. Furtherrnore, it will improve the pedestrian environment in these areas compared to the traffic that would be generated if this development happened elsewhere in Folsom Communitv Outreach: Planning staff conducted two virtual community workshops on April 21 and June 9,2022 to solicit input from residents, businesses, developers, homeowner's associations, renters, architects, and housing advocates on these issues. In addition, an online survey on the City's housing study website (www.folsom.ca.us/housingstudy) was conducted between Monday, April25 and Friday, May 13,2022. The City received 343 responses to the survey. While many longtime Folsom homeowners completed the survey, the City also received responses from renters, younger people, and newer Folsom residents. Overall, younger respondents and those that were renters tended to favor slightly taller and larger development projects (4 to 6-story heights and medium to larger scale), while older residents and longtime homeowners favored shorter and smaller development projects (3-story heights and small to medium scale).

With all the workshops, including this workshop, as well as with the sirrvey, staff sent emails with information about these events to over 500 persons consisting of residents, businesses, homeowners' associations, community and religious groups, developers, preservationists, etc. In addition to email, staff also put out information about the workshops in the City's weekly

07/26/2022 Item No.9.
electronic newsletter and used social media to alert the public about these workshops and the survey.

Next Steps and Schedule: Based on direction from the City Council, staff and its consultant team will begin the technical and environmental studies necessary for any future amendments to the General Plan and Folsom Plan Area Specific Plan. This information will also be incorporated into the Zoning Code update that is cunently underway. It is anticipated that these detailed studies will take between 6 to 12 months to complete at which time staff will return to the Planning Commission and Council for action.

In addition,later this summer or early fall, City staff will return to the City Council with a discussion regarding a possible fee for luxury rental projects. While the City Council at its July 28,2020 meeting was not supportive of applying the City's inclusionary ordinance to multi- family rental projects, new development trends suggest that the City may see new luxury single- family and townhouse rental projects that would be exempt from an affordable housing fee.

Staff is also exploring ways that apotential affordable housing fee could be used to address the Council's concern over a potential ongoing cycle of rezones due to the State's "no net loss" requirements.

FINANCIAL IMPACT
No financial impact will result from Council action on this item.

ENVIRO AI, REVIEW
This action by the City Council to provide direction to staff is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(bX3) of the California Public Resources Code as there is no possibility that the workshop will have a significant effect on the environment. Once direction is provided by the City Council on design, density and development standards, the City will undertake an environmental analysis in compliance with CEQA to determine whether the changes, including amendments to the General Plan and Folsom Plan Area Specific Plan, would have a significant effect on the environment.

ATTACHMENTS

1. Opticos Recommendations Memo for the Targeted Multi-Family and Mixed-Use Housing Study
Submitted,
Pam Johns, Community Development Director

07/26/2022 Item No.9.

Reconn r-nendations
oPTr(o5
lVer-n
City of Folsom
Targeted Mixed-Use
and Multi-Family
Housing Study
tune28,2o.22
FOLSOM

07/26/2022 Item No.9.

Prepared For:

Gity of Folsom
Gommunity Development Department
Planning Services
50 Natoma Street
Folsom, CA 95630
916.461.6202
Prepared By:

Opticos Design, lnc.
21OO Milvia Street, Suite 125
Berkeley, California 9470 4
510.558.6957
With Consultants:

Lisa Wise Consulting
58 Maiden Lane, 3rd Floor
San Francisco, CA 94108
805.595.1345
Gity of Folsom
Desmond Parrington,
Principal Planner
Stephanie Henry,
Senior Planner and
Housing Coordinator
2 Recommendations lvlemo Folsom Targeted lvlixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.
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ln
Recommendations Memo
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a
Background
5 I
23 37
Opportunity Site Testing
Recommendations
Appendix
Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022 Recommendations Memo 3

07/26/2022 Item No.9.
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4 Recommendations lvlemo Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.
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Folsom needs to provide more housing
opportunities.

The State of California has identified the number of
housing units that Folsom needs to provide through its .

Regional Housing Needs Allocation (RHNA), and Folsom
needs to plan for that growth. As a result, it is imperative that Folsom change the status quo in order to create
additional opportunities for housing. This challenge raises a series of questions:

I Where should additional housing opportunities be
located?
I What kind of housing should be built?
f How should these additional housing opportunities be
enabled?
Folsom needs an approach that can target particular
locations that are best suited to accommodate additional housing and can incorporate community input on the
form and scale of the new development in a way that
makes the development financially feaslble.
ln setting the parameters for this study, the City has
identified targeted study areas that are well-suited for additional housing. Within these targeted study areas,
this memo addresses the remaining two questions, using
community input and financial feasibility analysis to
identify the preferred form and scale of new development at those locations (see Section 2, Opportunity Site
Testing), and issuing recommendations for changes to
existing development standards to enable this additional housing (see Section 3, Recommendations).

Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022 Recommendations lvlemo 5

07/26/2022 Item No.9.

Key lssues
These issues convey the urgency of providing new housing in Folsom and barriers to meeting this need.

Section 1 - Background
High housing demand with limited housing stock
results in unaffordability for children of longtime
residents, seniors who want to downsize or who don't
drive as often, and people who work in Folsom.

Folsom's housing supply doesn't provide enough
options for diverse lifestyles, including for residents who want to live a compact, walkable and transit-
oriented lifestyle.

One of the barriers to the production of diverse
housing options is regulatory standards that end up
making a site infeasible to develop as housing or
that result in unattractive development.
1 3
6 Recommendations lvlemo Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Targeted Study Areas
This study provides recommendations for three targeted study areas within Folsom.

Section 1 - Background
This project provides recommendations
for changes to development standards,
General Plan policies, and zoning
regulations in targeted areas that can help
to support infill housing in Folsom
Recommendations will be tailored to
three general areas, which have been
identified by the Crty as best suited to
accommodate new housing.

I The East Bidwell Mixed-Use Overlay
Zone along the East Bidwell corridor.

With existing retail and service uses
along this corrrdor, new infill housing
would create a mixed-use environment
where residents couid have easy access
to services, shopping, and jobs within
walking distance of their homes. This
new infill housing would also benefit
from the planned improvements to the
East Bidwell right-of-way.

I The Folsom Boulevard TOD study
area* along Folsom Boulevard. This area
encompasses two light rail stations,
Glenn Station and lron Point, as well
as the Folsom Parkway Rail Trail. As a
result, housing in this location would
have easy access to transit and bicycle
infrastructure and offer built in mobility
alternatives for people interested in a
less car-dependent lifestyle.

I The New Town Center in the Folsom
Plan Area south of US-50. Planned
through a Specific Plan process that
included community engagement, this
location is slated for new mixed-use and
multi-family development that will create
housing opportunities at a new node of
retail, service, and public space.
*Note that the Historic District light rail
station is excluded from this study.

Key
' ...:

East Bidwell Mixed-Use
Overlay Zone
Folsom Boulevard TOD
study area
Folsom Plan Area's New
Town Center
Recommendations lvlemo 7Folsom Ta rgeted Mixed- Use and N/lulti-Family Housing Study - )une 28, 2022

07/26/2022 Item No.9.
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07/26/2022 Item No.9.
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SECTION
2Site Testin
Opportunity site testing analyzes the housing
capacity of actual sites on the ground. This
study tested hypothetical buildout concepts on
a site in each of the three targeted study areas
where the City envisions opportunities for
more housing.

The potential buildout scenarios were informed by
community feedback about preferred building form,
building scale, and key design elements received at a
public workshop and through an online survey.

After beginning with the community's desired vision,
these hypothetlcal buildout concepts were then subject
to multiple iterations of financial feasibility analysis in order to understand what conditions are necessary to make
these projects feasible at these locations and arrive at a prototype in the realm of financial viability.

Because the sample designs plan for long-term value
and livability, they may not always reach the theoretical maximum capacity of a site. However, they are
representative of a desirable development approach that creates a place where people want to live.

Recommendations Alemo 9Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Site 1
Snowline Hospice Thrift Store
Overview
Existing Gonditions
This is a deep lot bounded by East Bidwell
Street in the front and an alley in the
rear. lt is surrounded on both sides by
multl-tenant retail centers. Multi-family
residential buildings are located directly
behind the site across the rear alley. There
is one single-story retail building onsite
containing the Snowline Hospice Thrift
Store.

What We Heard From The
Community
Community members expressed that a
height of three to four stories felt about
right for this location. There was also some
support for taller development on corner
sites, such as up to five stories.

Given the scale and character of the East
Bidwell corridor, it was also important to
the community to explore ways to make
the buildings look and feel smaller, with
smallto medium width and bulk.

Section 2 - opportunity Site Testing
Vision
The design concept for this site includes
two courtyard buildings. One courtyard
building, in the center of the rendering
on the next page, faces East Bidwell. The
second courtyard building ls located in the
rear half of the Iot. The second courtyard
building is nearly identical to the first, but
is rotated ninety degrees to face a new
pedestrian passage along the side lot line,
vlsible on the left side of the rendering.

Parking for this project would be located
behind these buildings in both surface
parking lots and tuck-under spaces at the
ground floor of the building.

Common open space in the form of
courtyards would be accessed directly
from the sidewalk. Additional open space
would take the form of the tree-lined
pedestrian passage pictured on the left
of the rendering, which leads from East
Bidwell Street to the rear courtyard and
finally to the alley at the rear of the site.
10 RecommendationsMemo Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Section 2 - Opportunity Site Testing
Design Concept + Site Testing Outcome
Left: View looking across East Bidwell Street towards the opportunity site.

Below: Rendering depicting rhe deslgn vision for thls site /ooklng across East Bldwel/ Streef towards the opportunity site. i\ole fhat thls rendering is illustrative only. It represents hypothetical bulld-outsusedtoca/cu/atepotential new houslnganddoes ni;t represent an actual development proposal.

Site Test Assumptions + Yields
Above: Conceptua/ slte plan. Arrow indicates Lot depth (ft) vantage pointfor perspective rendering. Lotarea (ac)
Folsom Ta rgeted Mixed- Use and Mu lti-Family Housing Study - )une 28, 2022 # of Units (du)
# of Buildings
Bldg type
Height (stories)
Bldg width (ft)
Bldg depth (ft)
Density (du/ac)
FAR
Parking (sp/du)
Parking type
Front setback (lt)
Lot width (ft)
82 2
Courtyard
3-4
140
100
59 1.0

1.O
Surface + tuck-under
15 170
350

1.4 Recommendations l\4emo 11

07/26/2022 Item No.9.

Architectural Style
The two renderings below illustrate how
the design vision for this site could be
expressed in two different architectural
styles.

The top image represents a contemporary
architectural style, while the bottom image
represents a more traditional architectural
style. Both images depict the same
building types, building configurations,
building scale, and building program. The
Section 2 - Opportunity Site Testing
difference is in the exterior architectural
expression which conveys the building in a
particular style.
lf there are certain locations where
particular architectural styles are important
to the community, the City can consider
opportunities to incorporate architectural
style standards into future design
standards for those areas.

Upper image: Buildings
on this site expressed ln a
contem por a ry architectur a I
sty/e
Lower image: Bul/dlngs on thrs
slte expressed ln a traditional
architectural style
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12 RecommendationsMemo Folsom Targeted lVixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Section 2 - Opportunity Site Testing
Key Design Elements
Regardless of architectural style, there
are aspects of the two example designs
that accomplish the same design goals
through key design elements. These
design elements can be considered and
regulated independent of architectural
style and are important for ensuring
that development will make positive
contributions to the public realm.
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Design Elements
I Open space creates a buffer between the public realm and individual unit entries and provides an amenity for residents
I Pedestrian entries to individual units and to shared stairwells open directly onto the courtyard and onto the pedestrian passage
n Shopfront frontages oriented towards East Bidwell Street could provide amenities to residents or could provide leasable service or retail space t Upper story is located within the roof form to reduce the perceived height of the building
fl Building height steps down from four stories in the rear down to three stories in the wings that project towards the street to reduce the perceived scale Key Regulatory Barriers
Parking standards. Currently, the site requires 1.5 spaces per unit. The design concept tested for this opportunity site provides 1.O spaces per unit.

Density. The prototype tested 59 du/acre for feasibility, exceeding the current maximum of 30 du/acre.
'+tu'f
Upper image: Key design
e/ements highlighted
on a building that has a
contem por a r y architectu r al
sty/e
Lower image: Many of the same
key design e/ements highlighted
on a building rhat has a
traditional architectural style
Folsom Targeted lVixed-Use and lvlulti-Family Housing Study - )une28,2022 RecommendationsMemo 13

07/26/2022 Item No.9.

Site 2
Glenn Station Park-and-Ride Lot
Overview
Existing Conditions
This site is adjacent to Glenn Station, a
stop on the Gold Line of the Sacramento
Regional Transit (SacRT) light rail
that connects Folsom to downtown
Sacramento. The light rail runs along the
western edge of the site, as does the
Folsom Parkway Rail Trail. The site is used
as a park-and-ride surface parking lot for
people using the light rail.

What We Heard From The
Community
The community expressed support for
more intense development at this location
given its adjacency to a light rail station.
ln general, we heard that five stories felt
about right for this location. Community
members were also open to buildings that
felt and looked large in width and bulk.

The community also expressed
interest in exploring additional design
guidelines for this location in order to
Section 2 - Opportunity Site Testing
make larger buildings attractive and also
transition in scale to adjacent lower-
scale development. lt is also important
to the community and to SacRT to
accommodate parking for the light rail
users, whether onsite or on an adjacent
parcel, when this site is redeveloped.

Vision
The design concept for this site includes
one four-story buildlng and two five-story
podium buildings. These are arranged
to create a common open space at the
entrance to the station and a public
pedestrian paseo leading through the
site from the station to a potential parking
lot across Coolidge Drive. These three
buildings accommodate 305 units and
1,500 square feet of commercial space.

The commercial space could be used for
an amenity that serves residents, such as
a day care.
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Targeted study area
Folsom Boulevard TOD
study area
Current site condition
Park-and-ride parking lot
serving light rail station
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14 Recommendations lvlemo Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Section 2 - Opportunity Site Testing
Design Concept + Site Testing Outcome
Lef t: View looking from the stalion pavilion easf across the parking lot at the exlstlng opporlunlty site.

Below: Rendering depicting the deslgn vision for thls slte /ooklng from the station pavilion east across the parking lot. The rail line is behind the vantage point. /Vote rhat this rendering ls l/iustratlve on Iy. lt represents hypothetical build-outs used to calculate potential new housing and does nol represent an actual development proposa/. l!l:.:ii_: ii
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Above: Conceptual site plan. Arrow indicates Lot depth (ft) vantage point for perspective rendering.

Lot area (ac)
Folsom Targeted Mixed Use and lVulti-Family Housing Study - )une 28,2a22 # of Units (du)
# of Buildings
Bldg type
Height (stories)
Bldg width (ft)
Bldg depth (ft)
Density (du/ac)
FAR
Parking (sp/du)
Parking type
Front setback (ft)
Lot width (ft)
305
J
Podium and corridor
4-5
Range from 9O-20O
Range from 60-2BO
112

2.O

1.1 Podium and tuck-under
10 315
370

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I
Site Test Assumptions + Yields
Recommendations lvemo 15

07/26/2022 Item No.9.

Section 2 - Opportunity Site Testing
Key Design Elements
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Design Elements
I Open space in the form of a green or plaza provides a gathering space at the station entrance, and a public pedestrian paseo leads through the site towards public parklng across the street
I Pedestrian entries to individual units and to shared stairwells open directly onto public space
Corner element near the entrance to the station anchors the public open space ffi Shopfront frontage facing public open space could provide amenities to residents or could provide leasable service or retail space
ffi Upper story is located within the roof form to reduce the perceived height of the burlding
E:l Massing breaks down perceived bulk by designing recesses in the wall plane and variations on style and material so that one large building actually reads as several smaller buildings
E Upper story stepback with the top story set back 1O feet behind the facade plane to reduce perceived height from the pedestrian paseo
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16 Recommendations lvlemo Folsom Targeted lVixed-Use and IVulti-Family Housing Study - )une28,2022

07/26/2022 Item No.9.

Section 2 - Opportunity Site Testing
Key Regulatory Barriers
ln testlng development standards for this site, the following standards were found to be key barriers to development that both satisfied the community's preferred form and scale and also demonstrated financial feasibility.

Building height. Currently, this site allows building height up to 4 stories. The design concept depicted for this opportunity site shows buildings that could range from 4 stories to 5 stories in different areas of the site.

Setbacks. Currently, the site requires a 20 fl minimum front setback and a 15 ft minimum side street setback. The design concept depicted for this site shows 10 ft front and side street setbacks.

Parking standards. Currently, the site requires 1.5 to 2.5 spaces per unit, depending on unit size. The design concept depicted for this opportunity site provides 1.1 spaces per unit.

Density. Currently this site allows up to 30 du/acre. The design concept depicted for this site shows 112 dulacre.

Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022 Recommendations Memo 17

07/26/2022 Item No.9.

Site 3
Block in New Town Center
Overview
Existing Conditions
This site is currently undeveloped land
in the Folsom Plan Area. Development
is completed or underway for
neighborhoods in other parts of the
Folsom Plan Area, but the New Town
Center is unbuilt. lt is anticipated that
this site will be made available for
development in the near [uLure.

What We Heard From The
Community
ln the'Folsom Plan Area Specific Plan, this
site was envisioned as a walkable, mixed-
use town core for the Folsom Plan Area.

The community reiterated these desires
in outreach for the present study and also
expressed preference for a mix of scales,
three stories up to six stories in height
and medium in bulk, and making sure to
transition in scale from a higher intensity at
the town center's core to a lower intensity
Section 2 - Opportunity Site Testing
at the edges where it interfaces with
surrounding residential neighborhoods.

Vision
The New Town Center envisioned in the
Specific Plan is composed of a series
of medium to large-scale mixed-use
buildings oriented around a public plaza or
square.

The hypothetical block that was tested as
part of the feasibility analysis for this study
included mixed-use podium buildings up
to six stories in height, multi-family corridor
apartment burldings, and smaller surface-
parked multi-family buildings.
*
t
Address
One hypothetical block
within the New Town
Center
Study area
Folsom Plan Area New
Town Center
Current site condition
Undeveloped land
Site dimensions
38O ft wide x 620 ft deep
18 Recommendations N/emo Folsom Targeted Nilixed-Use and lVulti Family Housing Study - )une 28,2022

07/26/2022 Item No.9.

Section 2 - Opportunity Site Testing
Design Concept + Site Testing Outcome
* of Units (du)
Retail area (sf)
# of Buildings
Bldg type
Height (stories)
Bldg width (ft)
Bldg depth (ft)
Density (du/ac)
FAR
Parking (sp/du)
Parking type
Front setback (ft)
Lot width (ft)
439
78,OOO
12 Podium, corridor, multiplex
3to6
Ranges from 4O to 250
Ranges from 6O to 240
90 1.8

1.1 + 1 per 1,000 sf retail
Podium and surface
5-15
380
Below and left: Renderings from
the folsom Plan Area Specific
Plan depicting deslgn concepts
for the New Town Center area.
/Vote that these renderings are
illustrative only. They represent
hypotheti cal buil d - o uts and
do not represent an actual
development proposa/.
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Above: Conceptual site plan developed f or site Lot depth (ft) 620 testing Lot area (ac) 4.g
Folsom Targeted Mixed-Use and Muhi-Family Housing Study - June28,2022 RecommendationsMemo 19

07/26/2022 Item No.9.

Section 2 - Opportunity Site Testing
Key Design Elements
Design Elements
ffi nrchitectural proiections like balconies, awnings, and eaves create focal points of visual interest
Corner elements like facade expression that wraps around corners E:l Massing breaks down perceived bulk by designing recesses in the wall plane so that one large building actually reads as several smaller buildings f: Pedestrian entries to indlvidual residential units and to shared stairwells open directly onto the sidewalk or public space with frontages that transition from the building entries to the pedestrian realm
Folsom Targeted lVixed-Use and lVulti-Family Housing Study - June28,2022 \F
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20 RecommendationsN,4emo

07/26/2022 Item No.9.

Section 2 - opportunity Site Testing
Key Regulatory Barriers
ln testing development standards for this site, the following standards were found to be key barriers to development that both satisfied the community's preferred form and scale and also demonstrated financial feasibility.

Building height. Some of the images shared here, which were developed as part of the Folsom Plan Area Specific Plan. show buildings up to approximately 70 feet in height.

Currently. the maximum building height allowed by the Specific Plan development standards is 50 feet.

Parking standards. Currently, residential parking requirements are between 1.5 and

2.5 spaces per unit, depending on unit size, and the commercial parking requirement is 3 spaces per 1,000 square feet. What this study evaluated for purposes of feasibility testing was 1.1 spaces per residential unit and 1 space per 1,000 square feet of commercial space.

Density. Currently, this site has a maximum density of 30 du/acre. The design concept evaluated for purposes of feasibility had 90 du/acre.

Folsom Targeted Mixed-Use and N/lulti-Family Housing Study - June28,2022 Recommendations Memo 21

07/26/2022 Item No.9.
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Folsom Targeted lVlxed Use and lVulti Family llousing Study )ure28,2A22

07/26/2022 Item No.9.

Recor^n r^nendations

SECTION
I
The recommendations in this section can
help promote a predictable built outcome
that is aligned with the community's vision for
housing in these locations.

Folsom needs to provide more housing and more
diverse types of housing to meet the housing needs of
its residents. Development standards for mixed-use and
multi-family housing, if regulated carefully, can promote more housing that is consistent with the desired character of the community.

Current regulations are not creating the housing diversity needed to serve the current and future needs of Folsom. ln order to meet these needs, it is important to understand what targeted changes will be most impactful to
unlocking opportunities for infill housing in these priority locations.
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Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022 Recommendationsl\y'emo 23

07/26/2022 Item No.9.

Regulatory standards help to shape development outcomes.

Some of the key regulatory standards that will factor into recommendations are introduced here.

Key Standards for Built Form
Section 3 - Recommendations
utilized to help new development relate to
existing context. Strategies include upper-
story stepbacks that require the facade to
step back from the built-to line at upper
stories, and facade articulation that may
require a break in the wall plane after a
maximum distance of unbroken facade.

Building Types
Buildings can be categorized according
to their physical form. While certain uses
or functions may be typical of certain
building types, uses are not a primary
determinant of building type. Different
building types are appropriate for different
contexts and site conditions, depending
on lot dimensions, resident preferences,
market conditions, and the nature of the
adjacent street.

Regulating by building types creates
more predictability in form and scale, and
context-sensitive development. Each of
the targeted study areas can allow a range
of different building types that respond to
exlsting contexts.
vervrew ot Key Standards
Building Placement
Building placement standards regulate
where buildings are situated on a
lot. These regulations are frequently
expressed as minimum setbacks, although
build-to lines are a preferable regulatory
tool to produce predictable built results.

Rrghl lhis dlagrarn presents
the concept of a build-to line. A
build-to line is a line parallelto
a property line or right-of-way
where a building fagade must be
placed. Build-to /rnes he/p ensure
that building fronts are placed
c/ose enough to the streer or
sidewalk to create a pedestdan-
oriented environment.
l,!.rir _ !.,''iflr J :,-. .1 lL'l
* Build-to line expressed as a min. and
max. range. The building facade must be
placed within this area and cannot be set
back behind this range.

Building Height
Building helght can be regulated by
number of stories, overall height, or both.

Massing and Articulation
The composition of building volumes and
facades helps enliven the streetscape,
helping people orient themselves and
creating a more comfortable experience
for pedestrians navigating the space.

Standards for massing and articulation
can include regulations for facade
composition, patterns of openings, and
corner elements.

This group of standards also includes
strategles to reduce the perception of
building scale and bulk and is frequently
Parking Location
Although parking location does not
directly impact the production of housing,
regulating the location of parking is critical
to creating the desired built environment.

It is recommended to require the parking
in the rear of the lot or at least behind a
habitable ground floor whenever feasible,
to encourage buildings closer to the
sidewalk, creating a more active, more
pedestrian-friendly, and safer environment.

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24 RecommendationsMemo Folsom Targeted Mixed-Use and Multi-Family Housing Study - June2a,2022

07/26/2022 Item No.9.

Section 3 - Recommendations
Standards for Large Sites
For lots larger than 3 acres and longer
than approximately 750 linear feet
along a street, standards should require
the creation of new streets and blocks
to fit better into the existing context.

This will avoid so-called "superblock"
developments that are typlcally inward-
facing and do not support walkability,
livability, or safety.
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Left: Diagrams describing
one possib/e outcome of
deve/opment standards for
/arge sifes
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Existing large lot Existing large lot Resu/ting development,provides subdivided into four blocks, new with variety of building types in a streets and open space walkable neighborhood
Key Standards for Mixed-Use Environments
Frontages
A frontage is the part of a building that
connects the public realm (street and
sidewalk)with the private realm (yard or
building), providing an important transition
between the two. Examples of different
frontage types include porches, stoops,
and shopfronts.

Frontage standards can include
regulations on which types of frontages
are allowed in particular areas as well as
dimensional standards for each frontage
type.

Parking Requirements
Minimum requirements for parking
space(s) per dwelling unit can play a large
role in limiting development and feasibility
if the standards are not properly callbrated
for the context. Current standards for
Key Standards lmpacting Economic
Feasibility
I n mixed-use environments, frontage
standards should ensure that residential
frontage types are crafted along
with frontage types typical of retail
environments in order to enable ground
floor residential uses on secondary
facades.

Building Placement
Where the City wants to enable either
ground-floor retail or residential uses on
the front facade, consider flexible build-to
lines.
parking in the study areas are high,
requiring larger lots for developments and
limiting the sites'capacity for new infill
housing at these priority locations.

Reductions in parking requirements
should be coordinated with the provision
I
Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022 RecommendationsMemo 25

07/26/2022 Item No.9.
of mobility alternatives, which can include
bicycle infrastructure and storage, car-
share programs with dedicated spaces
for car-share vehicles onsite, and transit
service with transit passes for residents.

One resource as an alternative mobility
option is the new SmaRT Ride service.

Sacramento Regional Transit (RT) now
provides on-demand transit service
through an app that can take users directly
to major offices, shopping centers and
light rail stations in Folsom. The new
service will also be available in the Folsom
Plan Area. The fee to use the service is half
the cost of bus and light rail fares.

Another resource in planning for
alternative mobility options is GreenTRlP
Section 3 - Recommendations
a program launched in the San Francisco
Bay Area and expanding statewide, which
offers a certification for new development
that provides mobility alternatives in
exchange for reduced parking.

Density Limits
A common misconception is that lower
densities mean smaller buildings and that
higher densities mean larger buildings.

However, density is a numerical approach
based on the lot size that does not
regulate the size of buildings or how they
relate to their surrounding contexts. A
moderate-density building may still dwarf
a house next to it, just as a high-density
bullding may blend into the surrounding
neighborhood as a house-scale building.

Why DensityAlone Can Have
Unexpected Built Outcomes
While people commonly assume that
density limits ensure that new projects
will be compatible with their context,
this is not actually the case. See the
images at right of projects which have
nearly the same density but drastically
different built form.

The number of dwelling units may have
no correlation with the size of those
units, their arrangement on the lot, or
the form of the buildings within which
they appear. There is a misconception
that high density means big buildings.
despite the fact that existing house-
scale buildings ofien achieve higher
densities.
ln order to achieve the benefits of
increased housing choices-including
attainability, support for neighborhood
walkability, and compatibility with
context-a thoughtful approach to
regulating form, scale, and building
types is most important.

Above: Large corridor apartment building
60 unlts; 30 du/ac.

Building 175' xl65';3 Sfories
Above: House-scale courtyard building
B units;31.7 du/ac.

Building back bar 84 x 32, wings coming to street 31 x 25, courtyard 30 x 3O 2 Stories
26 RecommendationsMemo Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Section 3 - Recommendations
Density should not be considered a
standard that produces partlcular built
form outcomes. lnstead, a combination
Key Regulatory Tools
Obiective Design Standards (ODS)
Per state law, cities must have clear,
objective standards for multi-family
development projects, including
affordable housing projects. These types
of projects must be reviewed by city staff
using only objective standards. Planning
Commission and Council can no longer
review design.

While recommendations for policies
or programs that address housing
affordability are outside the parameters of
this project, the goal to provide housing
opportunities for all income levels informs
the thinking behind this study.
ln many cases, Objective Design
Standards may be one of the most
A Note on Housing Affordability
of building types and building massing
regulations can create desirable results
regardtess of a project's numerical density.
important ways for local jurisdictions to
influence the design of multi-family and
mixed-use buildings.

The City of Folsom will undertake to
create Objective Design Standards in
the near future and can incorporate
recommendations from this project into
the new standards.

I lncreases in density, when coupled with
appropriate building form standards, can
help encourage the provision of smaller
units which are generally available at a
more attalnable price point than larger
units
I Parking requirement reductions
reduce development costs and enable
developers to provide more units
I Unbundling parking, i.e. offering tenants
the option to lease a dwelling unit
without also leasing a parking space,
can help bring down unit costs for
individual tenants and can reduce the
number of parking spaces required in a
development
The enclosed recommendations can
support housing affordability in myriad
ways, including:

I Objective Design Standards create a
predictable and streamlined approval
process for developers who produce
multi-family and affordable housing
while also providing a predictable built
outcome for the community
Folsom Targeted lVixed-Use and Multi-Family Housing Study - June28,2022 RecommendationsMemo 27

07/26/2022 Item No.9.

Emerging Best Practices on
Density and FAR
Density, FAR, and Predictability of
Built Form
As described in the previous sectlon,
density alone as a regulatory tool does
not always result in predictable built form.

Factors such as building length, size, and
bulk, and the type and sizes of dwelling
units can result in bulldings with similar
densities and different built outcomes.

When the State Denslty Bonus is applied
to mixed-income projects, the resultant
building form can deviate even further
from expectations. Denslty cannot yield
predictable built form results.

FAR (floor area ratio) can result in more
predictable buildings especially when
used with other, form-based regulations
to guide the outcome of the zoning
envelope. FAR measures the ratio of total
usable built floor area to the area of the
lot. As an example, a single-story building
that covers lOO percent of its lot has an
FAR of 1.0, as does a two-story building
that covers 50 percent of the lot. ln this
way, FAR directly regulates building square
footage relative to lot size, which yields a
level of predictability in a building's mass,
an important aspect of built form that
can complement other building form
standards in Objective Design Standards.

Regulating with FAR Instead of
Density
Given density's inability to deliver
predictable built form, an emerging best
practice is to replace density with FAR as a
regulatory tool.

Section 3 - Recommendations
Some opponents of eliminating density
requirements fear that it will result in
buildings with very high numbers of
micro-units or single room occupancy
(SRO) units. While unlikely, additional
standards can be considered to prevent
this situation, such as establishing
minimum requirements for "family units" or
2+ bedroom units in multi-famlly projects.

Eliminating density does not jeopardize
density bonus projects. FAR can be used
instead of density to determine base
entitlements and also to determine density
bonus allocations, as described in the El
Cerrito example on the facing page.

Establishing FAR Standards
Rather than establishing FAR maximums
up-f ront, determining FAR standards
after other form standards have been
established can better ensure that FAR
furthers the City's goals for desired built
form.

The process of determining potential built
outcomes in the opportunity site testing
in this project can be helpful to determine
an appropriate resultant FAR for projects
in Folsom. Further site testing can help to
determine appropriate FAR levels for future
housing projects in Folsom.
2A RecommendationsMemo Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Section 3 - Recommendations
Examples From Other Gommunities
Several other California cities have
begun to eliminate density standards
and rely on FAR instead. The following
are some examples from Northern
California.

Roseville
Roseville has recently adopted standards
that allow projects to meet either
density maximums or FAR maximums,
whichever is more permissive. With its
moderate density maximum (36 du/ac)
and relatively high FAR maximum (4.0),
FAR is likely to effectively replace density
as the applicable regulatory tool for new
projects.
its downtown and now relies on
FAR instead. The intention behind
this change was to increase the
predictability of built form as the City
pursues its housing goals. This policy
change was implemented in the
Downtown Precise Plan, which makes no
mention of density.

ElCerrito
ln its 2014 San Pablo Avenue Specific
Plan, El Cerrito eliminated density
standards for the San Pablo Avenue
Specific Planning Area. The City has
established the legal precedent for
using FAR in awarding state density
bonuses by awarding additional square
footage rather than additional density to
state density bonus recipients.

San Rafael
ln its 2O2O General Plan, San Rafael
eliminated density standards for
Above: Locations of example communities in Northern California Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022 RecommendationsMemo 29

07/26/2022 Item No.9.

Recommendations for the
East Bidwell Study Area
5 stories max. on corner
ssites
Build-to line of 5-1O ft min.
to 15-20 ft max.

Section 3 - Recommendations
Objective Design
Standards
Objective Design
Standards
guilding height 4 stories (5O ft) max.

Front setback None required
Parking for Multi-Unit 1.5 spaces per unit
Dwellings min.

Parking for Retail 1 space per 2OO sf
min.

Density 2O-3O du/acre
/Vote: fhe existlng standards
evaluated in this matrix are from
lhe C-2 zoning district and the
East Bidwell Mixed-Use Overlay.

O.7-O.9 space per unit min. Objective Design
Standards
Allow small retail spaces Objective Design
in mixed-use buildings to Standards
pool parking space with
adjacent parcels rather
than providing them onsite
60-8O du/acre max., or
eliminate density standard
General Plan + Objective
Design Standards
Recommendations Matrix
Lti ll rlil ..rl
Frontage types
Building types
Massing and
articulation
Standards for large
sites
Pedestrian entry
standards
Density minimums
Allow f rontage types appropriate to both retail uses (e.9. shopf ronts) and ground-floor residential uses (e.9. porches). Create sufficient depth (10{5 ft) in residential frontages to buffer these building entries from the street.

Regulating by building types can help create predictable built form. Building types can incorporate dimensional standards like building width.

Consider requiring massing strategies such as upper-story stepbacks and facade articulation to reduce the perceived bulk of new development.

Plan for the possibility of redevelopment of large parcels. lncorporate street and block standards and open space standards to encourage a walkable development pattern.

Regulate a minimum distance between pedestrian entries along a building facade and require that ground-f loor units be accessed from the sidewalk or common open space.

Consider density minimums that capture the City's housing goals for infill sites and helps the City meet its RHNA allocation goals.

Unbundling parking, i.e. offering tenants the option to lease a dwelling unit without also leasing a parking space, can help bring down unit costs for individual tenants and can reduce the number of parking spaces required in a development.
30 RecommendationsMemo
Unbundling parking
Folsom Targeted lvlixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Section 3 - Recommendations
Allowing taller building heights on corner sites enables the creation of nodes of intensity along the corridor Regulate as a build-to line rather than a setback. Dimensions provided are flexible enough to accommodate either retail or residential use on the ground floor. Build-to lines will ensure that buildings are placed to engage the street and sidewalk. ln order to improve comfort and safety for pedestrians, incorporate a small buffer into the dimension that can accommodate an expanded sidewalk and/or a frontage that transitions from the sidewalk to the building face.

A reduced parking ratio was required for feasibility on the opportunity site tested. Lowering the parking ratio further will increase development feasibility. This parking ratio should be paired with alternative mobility strategies like onsite car-share.

Particularly on small infill sites, parking requirements make it difficult to realize development potential due not only to the cost of providing parking but also because of the physical constraints of the lot. The parking ratio for retail square footage is more demanding than the parking ratio for residential square footage and can be diff icult to physically accomplish on sites like the opportunity site studied on East Bidwell St. Currently, some of the retail centers along East Bidwell have an excess of parking spaces that could be used by patrons of small retail or service components in new mixed-use buildings. Eliminating the parking requirement for small retail spaces, provided there is adequate parking on adjacent parcels, can help enable mixed-use development on this corridor.

Higher density was required for feasibility in the opportunity site test. This increased density can enable smaller, more attainable units. lncrease in density should be paired with the development of robust design standards to control built form.

Folsom Targeted lVixed-Use and N4ulti-Family Housing Study - June28,2022 Recommendations lvlemo 31

07/26/2022 Item No.9.

Recom mendations for the
Folsom Blvd. TOD Study Area
Section 3 - Recommendations
Objective Design
Standards
Note; fhe existing standards
evaluated in this matrix are from
the R-4 zoning district.

Building height 4 stories (50 ft) max. Up to 5 stories max., and up to 7 stories max. at TOD
sites
Front setback 20'min. Build-to line of 5-1O ft min.
to t5-20 ft max.

Side street setback 15' min Build-to line of 5-1O ft min. to 15 ft max.

Parking for Multi-Unit 1.5-2.5 spaces per unit O.5-O.75 spaces per unit Dwellings min. (varies by unit min. at TOD sites; l space/ size) unit min. elsewhere
Density 20-30 du/acre lOO-12O dulaqe max., or
eliminate density standard
Objective Design
Standards
Objective Design
Standards
Objective Design
Standards
General Plan + Obiective
Design Standards
,r,ri r, :i..jir :r.i: t .t ) r r!, r'. r i'
Frontage types
Building types
Massing and
articulation
standards
Standards for large
sites
Unbundling parking
Alternative mobility
provisions
Allow f rontage types appropriate to both retail uses (e.9. shopfronts) and ground-floor residential uses (e.9. porches). Create sufficient depth (10-15 ft) in residential frontages to buffer these building entries from the street.

Regulating by building types can help create predictable built form. Building types can incorporate dimensional standards like building width and depth.

Consider massing strategies such as upper-story stepbacks, facade articulation, and upper stories within roof forms to reduce the perceived bulk of new development.

Plan for the possibility of redevelopment of large parcels. lncorporate street and block standards and open space standards to encourage a walkable development pattern.

Unbundling parking, i.e. offering tenants the option to lease a dwelling unit without also leasing a parking space, can help bring down unit costs for individual tenants and can reduce the number of parking spaces required in a development.

Pair a reduction in parking requirements with a requirement for alternative mobility options, including transit passes.
32 Recommendationsl\,4emo Folsom Targeted Mixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Section 3 - Recommendations
Located along a transit corridor, this targeted area is a rational location for the greatest intensity of new residential development.

Anticipating that podium buildings will be required in order to capture the desired development potential on this site, taller building heights will likely be necessary in order to offset the costs of this more expensive construction type. At the Glenn Station opportunity site tested, five stories across the site was in the realm of feasibility. Consider allowing some taller heights at this location to ensure that this development remains feasible. This will also allow development to be taller than 5 stories at the station entrance and step down to lower heights at the edges of the parcel to transition to the surrounding context.

Regulate as a build-to line rather than a setback. The proposed dimensions are flexible enough to accommodate either retail or residential use on the ground floor. Build-to lines will ensure that buildings are placed to engage the street and sidewalk. In order to improve comfort and safety for pedestrians, incorporate a small buffer into the dimension that can accommodate an expanded sidewalk and/or a frontage that transitions f rom the sidewalk to the building face.

Regulate as a build-to line rather than a setback. The proposed dimensions are flexible enough to accommodate either retail or residential use on the ground floor. Build-to lines will ensure that buildings are placed to engage the street and sidewalk. ln order to improve comfort and safety for pedestrians, incorporate a small buffer into the dimension that can accommodate an expanded sidewalk andlor a f rontage that transitions from the sidewalk to the building face.

A reduced parking ratio was required for feasibility on the opportunity site tested. Lowering the parking ratio further will increase development feasibility. This parking ratio should be paired with alternative mobility strategies like onsite car-share and transit passes.

Higher density was required for feasibility in the opportunity site test. This increased density can enable smaller. more attainable units. lncrease in density should be paired with the development of robust design standards to control built form. lli|r il
Folsom Ta rgeted Mixed- Use and Multi- Family Housing Study - June 28, 2022 RecommendationsMemo 33

07/26/2022 Item No.9.

Notei fhe existing srandards
evaluated in this matrix are
from the SP-MU zoning district,
whlch is the most intense of ihe
zonlng dlstricts in the New Town
Center.

Building height 50 ft max.

Parking for Multi-Unit 1.5 spaces per unit
Dwellings min.

Density 9-30 du/acre
70 ft max.
1 space per unit min.
8O-1OO du/acre max.,
or eliminate density
standard
Section 3 - Recommendations
Objective Design
Standards
Objective Design
Standards
Folsom Plan Area
Specific Plan +
Objective Design
Standards
Recommendations for the
New Town Center Study Area
Recommendations Matrix
'. : l :,-r I , l: r ,l,t : r lil ri i ,r: l.lr'l i
Flontage types
Building types
Massing and
articulation standards
Standards for large
sites
Unbundling parking
Allow frontage types appropriate to both retail uses (e.9. shopf ronts) and ground-floor residential uses (e.9. porches). Create sufficient depth (1O-15 ft) in residential frontages to buffer unit entries from the street or sidewalk.

Regulating by building types can help create predictable built form.

Building types can incorporate dimensional standards like building width and depth.

Consider requiring massing strategies such as upper-story stepbacks and facade articulation to reduce the perceived bulk of new development.

Plan for the possibility of redevelopment of large parcels. lncorporate street and block standards and open space standards to encourage a walkable development pattern.

Unbundling parking, i.e. offering tenants the option to lease a dwelling unit without also leasing a parking space, can help bring down unit costs for individual tenants and can reduce the number of parking spaces required in a development.
34 RecommendationsMemo Folsom Targeted lVixed-Use and Multi-Family Housing Study - June28,2022

07/26/2022 Item No.9.

Section 3 - Recommendations
These increased building heights are aligned with the renderings shown in the Folsom Plan Area Specific Plan. They are also aligned with the density evaluated for feasibility as part of this project.

A reduced parking ratio was required for feasibility on the opportunity site tested. This parking ratio should be paired with alternative mobility strategies like onsite car-share. Note that this recommended parking ratio is higher than in the other two study areas since the New Town Center does not yet have an established transit system and due to its location is more likely to require a certain level of auto-dependency.

Higher density was required for feasibility in the opportunity site test. This increased density can enable smaller. more attainable units. lncrease in density should be paired with the development of robust design standards to control built form.

Folsom Targeted Nlixed-Use and N,4ulti-Family Housing Study - June28,2022 Recommendationslvlemo 35

07/26/2022 Item No.9.
36 RecommendationsNlemo Folsom Targeted Nlixed Use and Multi Family Houslng Study - )rne28,2022

07/26/2022 Item No.9.

Appendix
Folsom Targeted lVixed Use and Multl-Family Housing Study - June28,2022 RecommendationsMemo 37

07/26/2022 Item No.9.

Table'l
City of Folsom
Feasibility Analysis
Building Prototypes
FAR
DU/Acre
Number of Stories
Land Area SF
Gross SF

1.04 s8.9
3 60,632
63,250

1.98 111.7
4and5
118,925
234,900

1.83 90.4
3and4
211,600
387,000
Residential
Gross Residential SF
Net Residential SF
Building Efficiency
63,250
54,100
860/o
233,400
197,900
85o/o
309,000
257,040
83o/o
RetailSF 1,500 78,000
Residential Unit
Efficiency
Studio
1-BR
2-BR
Total Units
27 23
24 8
9)
103
93 88
21 221
170
48 305 439
Average Unit Size (SF) 659 649 585
Parking
Type
Number of Spaces
Tuck Under/Surface
83 Tuck Under/Podium
328
Podium/Garage
551
Snowline Hospice
Thrift Store
616 E BidwellSt
Glenn Station Park +
Ride
520 Coolidge Dr
New Town Center
Folsom Plan Area

07/26/2022 Item No.9.

Iable 2
Folsom cordova Unified Srhool Obklct
sewer Fe€s (Muitilamily InRID
Gene.al capital lmprovement Fee
FLe capital hprov€ment Fee
Police captial tmprovement Fee
Park EquLement Fee
Transpoitatlon Manatement Fee
Lltht Rail Fee
Solld Wasre capt.l Fee
waste Manasem€nt Plan Admin Fee
Folsom Cordova Unifi€d School Dbtict
HousinSlru* Fund Fee
General Capatal lmprovement Fee
Fte captal lmprovement Fe€
Police captial lmprovement Fee
Park Equirement Fee
Transportadon Management Fee
tight Rail Fee
Waste Management PlanAdmln Fee

7.57 petsl.
5,717.00 pet unit
530.00 peluflt
1,596.00 petunil
1,O5O.OO per unn
6a1.oo pet unit

25.00 pet unit
363.00 pet unil
5o.oo perlirct10,000sf

25.00 pet each oddilional 5,000 sl
409,537
386.755

35.855
56,758
70,153
107,969
71,033
46,070
6,359
1,691
316,264
33,690
24,557
50 266
1,498,103
1,434,540
133,361
211,113
260,935
401,594
264,206
171,357
23,653
6,291
1,176,347
125,309

91.340
50 1,117
1,170
2,640

18.405
46 217
747
9s1
1,518
27 22s
714
345
250
o.7a

1.76 12.27
1,326.00
6,302.00

0.498

0.634

1.O12

0.018

0.150

0.476
o.230
250.00

50.00 per each oddinonol 1 0,000 sJ
Multftamlly
Folsom cordova Unified school Dtstict
General Pa.k Equipment
Folsom Plan Area SpecificPlan Fees(Mixed Use Disrico
GeneralCaphal
tibrary
Municipal Cent€r
Trails
Folsom Plan Area standAlone Fees(Mixed Use DisrlcD
HW50 lmprovement
HW50 lnterrhange
Sac Counrylranspo Dev
Speciic Plan lnfiastiudure Fees(Mixed Use Dhtico
Onand off site Roadways
DryUtilaties
Habitat Mltitadon
Adminbtation (3S)
Parkland EqualIation Fee (Mix€d Use Distic0
Publi. Fa.ilities Land Equalization Fee(Mixed Use Otskicd Specifi c Plan lnfiaslrudure Fee serAside {otrsite RoadwayxMixed Use Distico Transportation Manatement Fee
Specifrc Plan lnfrasvuaure Fee WaterTreatment Plant setsAslde Folsom cordova Unifred school Distict
General ParkEquipment
Folsom PlanArea speclfic Plan Fees{Mixed use District)
Trails
Folsom PlaoArea stand Alone Fees(Mixed Use Dtsktt)
HW50 lmprovement
HW50 lnt€.chaote
sa. countyTranspo Dev
Specifl. Plan lnfranructure Fees{Mixed Use Disrk0
on and otrslteRoadways
Dry Utililies
Habtat MliBation
Adminbsation (3%)
Public Facilitles Land Equali2ation Fee{Mixed Use Distk0 speciRc Plan lnlrastructure Fee 5elAside(otrslte RoadwayxMlxed Use Dhtrict) Transportation Management Fee
SpecifrcPlan lnfrastru<tureFeeWaterTreatmentPlantSeLAside 1,945,793
34,044
391,51 1
79,679
145,594
163,341
394,046
2,056,067
406.360
1,OAA.OO pe.unit
1,122,OO perunit
353.OO pe.unft
231.00 perunit
95O.OO perunrt
o.o2 petsJ.
9,447.OO
2,494.0O
2,800.00
1,395.00
443.00
4,184.00
893.00
203.00
658.00
3,870.00
599.00
144.00
25_00
366.00

14.17 2.31

3.26 1.62
0,98

9.53 o.12

0.46 1.09
3,392.00

0.29 0.15
o42
127,444
43,662
344,066
332,839
677,267
1,370,470
60,840
1,404
3,421,467
903,264
1,014,090
505,234
305,314
I,515,340
323,422
73,522
241,933
1,401,617
216,943
53,602
9,054
132,556
o.a2 persJ.
o.84 petsl.
o-a2 petsl.

0.53 persl

1.82 persf.

3.60 pe.sf.

7.2a pe.sl
63,960
8,580
65,520

63.960

36.660
31,200

41.340
141,960
138,060
240,800
567,840

1.417,260
180,1 80
z54,2AO
126,360
76,44D
143,340
9,360
35,880
85,020
6,O74
22,620
11,70Q
32,760
No&: lnpd.tlees orc redD.ed by 50 percen(lot ellcenq ond studio opartnents upto 35 per.ent olthetotol nunbuolunits - se.tion 1670 oJthe Fohon Muntipol code.

07/26/2022 Item No.9.

Table 3
City of Folsom
Feasibility Analysis
Revenues
Residential Program
Total units
Market-Rate Units
Studios
1 -BR

2.BR
3-BR
Unit Size (SF)
Studios
1-BR
2-BR
3-BR
Commercial Program
Retail sF
Residential Revenues
l\4arket-Rate Rent PSF
Efficiency
Studio
1-BR
2-BR
lvlarket-Rate Rent per-Unit
Efficiency
Studio
1-BR
2-BR
Market-Rate Unit Revenues
Efficiency
Studio
1 -BR
2-BR
Total Annual Market-Rate Rent
Commercial Revenues
Retail Rent PSF
Retail Revenues
Net Operating lncome
Residential
Total Project Revenues
Less Vacancy (2.5%)
Effective Gross lncome
Less Operating Expenses (including reserves)
Residential Net Operating lncome
Retail
Total Project Revenues
Less Vacancy (5.00/o)
Effective Gross lncome
Less Operating Expenses (including reserves)l
Retail Net Operating lncome
Total Net Operating lncome
$ 41,850
$ 42,608
5 47,700
$ 18,240
5 1.804.770
305
$ rs9,6s0
$ 172,283
$ 174,900
$ 47,880
s 6,656.550
439
221
170
48 650
78,000

3.10 2.85

2.65 1,550
1,853
1,988
$ 342,550
$ 314,925
$ 9s,400
$-
$ 9.034.500
82 27
23 24
8 s00
650
750
9s0
103
93 88
21 3.10 $

2.85 $

2.6s $

2.40 $

3.10 $

2.85 $

2.6s $

2.40 $
1,550 $
1,853 $
1,988 $
2,280 $
1,550 $
1,853 $
1,988 $
2,280 $
500
750
500
650
750
950
1,500
$
$
$
$
$
$

2.00 $ 2.00 $ 2.00
$ 36.000 $ 1.872.000

2.5o/o

32.5Vo

5.)Vo

12.00 1,804,770
45,119
1,759,651
571,886
6,656,550
166,414
6,490,136
2,109,294
842
9,034,s00
225,863
8,808,638
2,862,807
5,945,830
$
$
$
$
$ 764
$
$
$
$
s $ 30,096 $
1,872,000
93,600
1,778,400
213,408
1,s64,992
$ 1,1a7,764 $ 4,410,938 j 7,s10,822
36,000 $
1,800 $
34,200 $
4,104 $
Glenn
Snowline Hospice Station Park
Thrift Store + Ride
516 E Bidwell St 620 Coolidge
Dr
New Town
Center
Folsom Plan
Area
1 Commericiol operating costs ore ossumed to be tripte net.

07/26/2022 Item No.9.

Table 4
City of Folsom
Feasibility Analysis
Development Costs
Su
Hard Costs
Residential Construction Costs
Demo/On-5ite lmprovements
Retail Construction Costsl
Parking
Surface
Garage
Tuck Under
Podium
1 Assumes .onstuction cost fot building substru.ture ond shell only 2,64,4.,6a4 5,1A7344 ] 9,229,699
$195 per GSF
$1o per land sF
$93 per GsF
$2,500 per spoce
$8,500 per spoce
$11,5OO per spqce
$45,OOO per space
4rk x Hord Cost subtotal
$
$
$
$
$
$
$
$
$
$
$
12,333,750
606,320
45,513,000 $
1,189,250 $
'139,500 $
60,255,000
2,'1 16.000
7,254,OO0
3,400,000
1 05,000
471,500
540,663
1 49,500
14,175,OOO
2,446,650
6,795,000
3,1 92,800
Area SF
Iond sF$44 $
82 42
41 1,500
305
Land Costs
Cost3

1.O4

58.9 60,632

63.250

1.98 111.7
118,925
234.900
1,83
90,4
21 ',|,600
Gross Residential SF
Net Residential SF
Building Efficiency
63,250
54,'100
86%
309,000
257,040
78,000
439
400
151
9,229,699
233,400
197,900
85%
13 315
2,6M,684 $ 5,187,344 $
Parking
surface
Garage
Tuck Under
Podium
SF
Residential units
City Permits and Fees
A&E/Other Professionals
Marketing/Leasing Commissions
Legal & Accounting
Taxes & lnsurance
Pre-Opening Expenses
Developer Fee
See Fees Tdb
6% x Hard Cosrs
$7.5O xNetLeosobleSF

2.Ya x Hard Costs
2% x Hard Costs
$4.O0 x Net Leasoble SF
6Vo x Hord Costs
1,567,007 $
843,434 $
454,740 $
281,145 $
281j45 $
242,528 $
843,434 $
135,403 $
5,830,570 $
3,816,774 S
891,938 $
1,212,258 $
1,272,258 $
475,700 $
3,816,774 $
521,288 $
23,173,346
4,980,768
1,587,000
1,660,256
1,660,256
846,400
4,980,768
1,166,664
Costs
46$
Costs
3%x Costs subtotol
83,012,80014,057,233
40k
17 63,612,900 $
23%
109 $
Parking costs as % of Hard Costs
Parking Cost per sf.

Soft Costs Subtotal
33%
20%
48%
28%
,550
28%
19%
$
$

75.O% x capitalized volue
15%
$ 4,6/4,835 $ 17,497 40,055,457
$
t 21.350.751 3 86.597,804 J 132.297.956
296,94't$ 1,102,734$ 1,877,706

2.O.k x subtotdl
'1,353,104 $
427,O15 $
5,494,473 $
1,733,956 $
8,384,383
2,645,959
ok of Hard Costs
% of Total Costs
Subtotal: Land + Hard Costs + soft costs
Financlng Costs
Average Loan Balance
Construction Loan lnterest Rate
Loan Term
Construction Loan lnterest
Construction Loan Fees
Permanent Loan Percent
Permanent Loan Fees
65%

6.5%
18 months
fotal Development Cost
Total: Land + Hard+ Soft + Financing
Per Unit Cost
Per SF
3 23.427.af $ 95.028,957 3 145.205.004
$ 285,705 $ 311,570 $ 330,765
$ 370 $ 405 $ 375
$ 2,O7t,O60 $ 8,331,t64$ 12,908,0/AFinancing Costs Subtotal Dr Folsom Plan Area
Snowline Hospice
Thrift Store
616 E Bidwell St
Glenn Station New Town
Park + Ride Center
Sour.e: RS Meons, Los Angeles, 2021

07/26/2022 Item No.9.

Table 5
City of Folsom
Feasibility Analysis
Proforma
Land Area SF
FAR
Number of Stories
Gross Building SF
Residential
DU/Acre
Residential Gross SF
Building Efficiency
Total Units
Average Unit Size (SF)
Retail SF
Parking
Type
Number of Spaces
Development Costs
Land Cost
Hard Costs
Soft Costs (include. Financing)
Total Development. Costs
Sales Revenues
Net Operating lncome
Capitalized Value (Cap Rate 4.5%)1
Developer Profit
Total Revenues Less Total Development Costs
Yield on Cost %o
Feasibility
Feasibility: Cap Rate +1%
Feasibility: Hurdle Rate
% Rent lncrease Required for Target Yield-on-Cost
Feasibility with above % Rent lncrease
$ 2,644,684 $ 5,187,344 $ 9,229,699
$ 14,057,233 $ 63,612,900 $ 83,012,800
$ 6,725,89s $ 26,228,724 $ 52,963,s0s
$ 23.427.811 S 95.028.967 S 145,206.004
Tuck Under/Surface
83 118,925

1.98 4and5
234,900
111.7
233,400
85o/o
305
649
1,500
Tuck Under/Podium
328
Podium/Garage
551
211,600

1.83 3and4
387,000

90.4 78,000
7,510,822
166,907,163
21,701,159

5.170/o
60,632

1.04 3
63,250
s8.9
63,2s0
860/o
82 659
309,000
8370
439
585
$
$
1,187,764 $
26,394,761 $
2,966,950 $

5.070/o
4,410,938 $
98,020,844 $
2,991,876 $

4.640/o
190/o
Yes

4.500/o

5.50%

8.0%
$
No
No
8o/o
Yes
No
No
No
No
' 9o/o
Yes
Snowline Hospice
Thrift Store
616 E Bidwell St
Glenn Station Park +
Ride
620 Coolidge Dr
New Town Center
Folsom Plan Area

07/26/2022 Item No.9.