Folsom City Council
July 26, 2022

1 Agenda
City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 July 26, 2022
6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.

Participation
If you would like to provide comments to the City Council, please:
 Fill out a blue speaker request form, located at the back table.  Submit the form to the City Clerk before the item begins.  When it’s your turn, the City Clerk will call your name and invite you to the podium.  Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time.

Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

How to Watch
The City of Folsom provides three ways to watch a City Council meeting:

In Person Online On TV

City Council meetings take place at
City Hall, 50 Natoma Street
Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14

More information about City Council meetings is available at the end of this agenda

2 City Council Regular Meeting

Folsom City Council Chambers
50 Natoma Street, Folsom, CA

www.folsom.ca.us
Tuesday, July 26, 2022 6:30 PM

Kerri Howell, Mayor

Rosario Rodriguez, Vice Mayor Sarah Aquino, Councilmember YK Chalamcherla, Councilmember Mike Kozlowski, Councilmember

REGULAR CITY COUNCIL AGENDA
Effective July 7, 2022, the City of Folsom returned to all in-person City Council, Commission, and Committee meetings. Remote participation for the public will no longer be offered.

Everyone is invited and encouraged to attend and participate in City meetings in person.

CALL TO ORDER
ROLL CALL:

Councilmembers: Chalamcherla, Kozlowski, Rodriguez, Aquino, Howell The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council Meeting.

PLEDGE OF ALLEGIANCE

AGENDA UPDATE
BUSINESS FROM THE FLOOR:

Members of the public are entitled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.

SCHEDULED PRESENTATIONS:

1. Presentation from Folsom History (Formerly Folsom Historical Society) Representatives Regarding their Organization

2. Presentation of the Parks and Recreation Commission's Perspective 2022 Report

3 3. Historic District Residential Permit Parking Pilot: Report Outcomes and Direction to Staff CONSENT CALENDAR:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.

4. Approval of July 12, 2022 Special and Regular Meeting Minutes

5. Resolution No. 10891 – A Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Agreement (Contract No. 046-21 21-005) with Badger Meter, Inc. to Purchase Badger Cellular Endpoints for a Three Year Pilot Automated Metering Infrastructure Network for the City of Folsom Water Meter Division

6. Resolution No. 10892 – A Resolution Authorizing the City Manager to Execute Contract Amendment No. 5 Extending the Term for the Consultant and Professional Services Agreement with The Ferguson Group for Federal Legislative Advocacy Services (Contract No. 173-21 09- 026)

7. Resolution No. 10896 – A Resolution Rejecting All Proposals Submitted for the Folsom City Hall Boiler and HVAC Replacement Design-Build Project
PUBLIC HEARING:

8. Amendment to City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement Area No. 6
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 (Folsom 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)
NEW BUSINESS:

9. Targeted Multi-Family and Mixed-Use Housing Study – Results and Recommendations CITY MANAGER REPORTS:

COUNCIL COMMENTS:

ADJOURNMENT
The City Council is in recess the first half of August.

The next regular meeting is scheduled for August 23, 2022.

NOTICE: Members of the p ublic are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If

4 you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.

NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisio ns (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.

PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOUL D CONTACT A MEMBER OF THE CITY COUNCIL.

The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control scheduling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.

In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library lo cated at 411 Stafford Street, Folsom, California during normal business hours.

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Folsom City Council
Staff Re ort

CITY COUNCIL ACTION
Representatives from Folsom History will make a presentation regarding their organrzation.

Respectfu lly submitted,
Christa Freemantle, CMC
City Clerk
1 MEETING DATE: 712612022
AGENDA SECTION: Scheduled Presentatrons
SUBJECT: Presentation from Folsom History (Formerly Folsom Historical Society) Representatives Regarding their Organization
F'ROM: City Clerk's Department

07/26/2022 Item No.1.

This page is intentionally lefr blank.

07/26/2022 Item No.1.

Folsom City Council
Staff ort
MEETING DATE: 7/26/2022
AGENDA SECTION: Scheduled Presentations
SUBJECT: Presentation of the Parks and Recreation Commission's Perspective 2022Report ,.

FROM: Parks and Recreation Department

BACKGROUND / ISSUE
In January of this year, an Ad-Hoc subcommittee was formed by the Parks and Recreation Commission to prepare a report that provided an overview of the accomplishments and challenges associated with topics reviewed by the Commission's four standing subcommittees: Youth Sports, Budget/Finance, Planning and Development, and Renovation.

The subcommittee, referred to as the Commissioner's Report Ad-Hoc Subcommittee, meet on January 5; February 9; March 23; April25; and May 31 to develop the report. The report was presented to the full Parks and Recreation Commission as a Draft on March 1 and a final Draft on April 5. Attached is the final approved report by the Parks and Recreation Commission.

Members of the Ad-Hoc Subcommittee are Will Kempton, Chair; Brain Wallace; and Marina Leight and will be making a presentation about their findings and perspective of the relevant parks and recreation issues.
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ATTACHMENTS
Folsom Parks and Recreation Commission, Commission Perspectiv es, 2022 Submitted,
Lorraine J. Poggione
Parks and Recreation Director
I

07/26/2022 Item No.2.

Folsom Porks & Recreotrorr Commissiotr
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TO: Mayor and Members of the City Council
Residents of Folsom, California
SU BJECT: Park and Recreation Commission Perspectives 2022 '' The purpose of this communication is to introduce an important document developed by the City's Park end Recreation Commission. This report, entitled "Park and Recreation Commission Perspectives 2022," reviews the status of Folsom's Park and Recreation system and discusses some issues regarding the system that the City faces going forward.
ln June, 2021, the City conducied a Park and Recreation Needs Assessment Survey to gauge resident satlsfaction with Folsom's system of parks to determine the relativJimportance and usage of City park and recreation activities and facilities and to learn about preferences for future park development. The Park and Recreation Commission is pleased with the results of that survey which showed that nearly 90 percent of respondents are satisfied with the Citys system. However, as the City grapples with questions about the future of thls system, we think that elected leaders and the public should also know about future challenges regarding the program and this report provides a summary of those challenges' This document was not prepared by City staff. The perspectives contained in the report are the views and opinions of the Commissioners. We appreciate this opportunity to share these perspectives and trust thai readers wlll find the information useful and constructive. Finally, we hope that making this document available will help lead to appropriate and effective decisions for the future of the Citys Park and Recreation program. You can access this report by 9oin9 to the citys website at www.folsom.ca.us on the parks and recreaiion commission Page.

Thank you for taking the time to review this report.

Ihis reporf is bosed on the opinions of lhe Fo/som Porks ond Recreofion Commission ond does nof reflect fhe opinions of the City of Fo/som, ils sfoff, or e/ecfed city councilmembers.

07/26/2022 Item No.2.

07/26/2022 Item No.2.

Commission Chair I Dave Nazworth
Dave Nazworth
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Dear Folsom Resident,
The Parks & Recreation Commission is responsible for advising ihe City Council and City Manager on the development and
administration of all parks and recreation programs, parks, and facilities in the City of Folsom. The Commission makes
recommendations to the Parks & Recreation Department and works collaboratively with city staff.

The Commission has been working in smaller subcommittees for several years with Commisstoners dedicated to a particular task or area. Subcommittees allow the Commission to dive deeper into specific topics and explore these areas of interest in greater detail.

Subcommittees formally share findings and opinions with the full Commission in public meetings. Currently, there are 4 standing subcommittees. The subcommittees are as follows.

Budget
Planning & Development
Youth Sports
Renovation
As the Chairperson of the Folsom Parks & Recreation Commission, I am honored to deliver Commission Perspectives 2022.Ihis document was produced by the Commission and highlights the work of the Park and Recreation Commission's subcommittees over the last year. This document also identifies the challenges facing the department from the Commission's persPective.

We believe that this may be the first trme in the history of Folsom that a Commission has independently prepared an annual report for Folsom residents. This is not a document prepared by city personnel.

The perspectives within this report are the views and opinions of the Commission and have been authored in the spirit of full transparency.

We appreciate this opportunity to share our perspectives with our neighbors and would like to thank city stafl for supporting the Commission in their execution of this initiative.

I invite you to attend a parks and recreation meeting to learn more about what we do as a Commission. The Parks and Recreation Commission's meeting schedule can be found on the City of Folsom website.

Dave Nazworth
Chairperson
Folsom Parks and Recreation Commission

07/26/2022 Item No.2.

Planning and Development Subcommittee
The Planning and Development subcommittee for the Folsom Park and Recreation Commission serves to review and make specific recommendations for existing and new park development. The subcommitlee works in coordination with staffto summarize public perspective along with an analysis of the city budget and the city's master plan to bring information fonruard to the larger commission. Those insights assist the commission to make official recommendations to help guide the Folsom City Council in park planning actions.

Over the course of 2021, the planning subcommittee engaged in several aclivities. A key projed was to provide input to the 2021Parks and Recreation Needs Assessment Survey which will serue as a guidance document for current and future park planning and programming projects. The subcommittee went on to collaborate with staff on a prioritization tool to align the needs assessment data and the city's master plan to begin the process of prioritizing new park construction. Additionally- the subcommittee also reviewed the cdncept plans for new parks (Prospector Park in the Folsom Plan Area and Benevento Family Park north of Highway 50).

ACCOMPTISHMENTS
Collaborated with staff on developing a
prioritization tool aligning the needs assessment
data with a process to begin evaluating priorities
for renovation and new park construction
Reviewed concept plans for new parks

FUTURE CHATTENGES
. Budget and Staff Constraints
. Funding for a Master Plan Update
. Balancing public feedback and expectations
against existing resources
Began master plan update analysis
"Folsom is rapidly gaining state and national attention as a great place to live. This is largely due to the city's parks and recreation system. The planning commitlee plays a key role contributing to the momentum as our parks, trails and city programs contribute to not only the high quality of life in Folsom but they are also a powerful driver of our local economy." - Marina Leight
'ln light of the current and projected growth of Folsom in the coming decade and to exceed the expectation of the residents, the Planning and Development subcommittee provides oversight of future park plans while maintaining a renewed focus on improving existing parks and developing those for which land has been acquired." - Samantha Davidson Commissioner Commentary
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07/26/2022 Item No.2.

Budget Subcommittee
The primary mission and goal of the budget subcommittee is to work to ensure that the parks and recreation department have the funds needed to match the community elrpqgtations to deliver park services, renovate our existing parks, and create new parks in the City of Folsom, Achieving those goals will take an extremely large amount of funding that currently d99s not exist or is already ailocated'elsewhere. ln order to dothis, the budget subcommittee assists staff to highlight the currenl state of our parks system to city leaders and the community so that everyone,understands the real status of our sydtem, and so we can create an honest dialogue about the major challenges that stand between those needs and the status-quo.

The budget subcommittee is diligently working at highlighting this by having meetings with the Folsom City Council, and clearly identiflTing these needs to City staff'

ACCOMPTISHMENTS FUTURE CHATTENGES
Conducted a budget presentation to the City
Councilto have an honest discussion about
the state of Parks and Recreation budget, and
to chart a future path towards reaching our
funding goals.

Assisted with highlighting budget needs to
City Council
There is a major funding gap for maintaining the
parks that we currently have in operation.

There is a major funding gap for creating the
new parks that have not yet been built.

More funding for staff is needed to ensure that
we can deliver adequate services to the
community.
"The Budget Subcommittee of the Folsom Parks & Recreation Commission was instrumenlal in outlining the budget shortfall that exists relative to park construction "North of 50'defined in the city'iVaster Plan. With impact fee revenue dwindling due to slowing growth in housing construclion, the Subcommittee was able to highlight to the City Council a $50+ million gap il funding vs. future park costs. That anilys's is currentlf being used by Council to evaluate various revenue and other cost reduction options to solve the gap." - Dave Nazworth "The Budget Subcommitlee has provided a forum for identiflTing the financial needs of the City's parks and recreation program and providing the data necessaryto focus limited resources on the park slrstem's renovation, maintenance and capital needs. Working in collaboration with Department staff, this information l"ias been vital in the development of effective budget recommendations for consideration by the City Council and in making investment decisions for the future. " - Will Kempton Commissioner CommentarY

07/26/2022 Item No.2.

Renovation Subcommittee
The renovation subcommittee is responsible for working collaboratively with city staff to determine how to best address the renovation needs of Folsom city parks. Our subcommittee works creatively to find solutions to address funding and resourcing gaps, while seeking out root causes and anticipating future challenges.

ACCOMPTISHMENTS FUTURE CHATLENGES
Established a fair and equitable
approach to ranking and prioritizing
park renovation projects.
lntroduced the concept of a volunteer
coordinator to city staff and outlined
programmatic details.

Shared new tools to streamline
reporting, data collection and
management of park assets.

Staffing levels. With a smaller team of resources
dedicated to park maintenance and development, staff
is limited in what renovation projects can be completed by city staff. Without staff to work on renovation, the city will have to hire contractors which will increase the cost of the renovation effort.

Funding. Renovation has been underfunded and we are
not keeping pace withthe renovation demand. Many
aging assets are costly to maintain and should be
replaced based on age and condition.

Awareness. The number of assets that require
replacement within city parks is staggering. |n2019,
there were $5.9V in assets that were rated condition 1
and 2 (Condition rating is 1-5. Condition 1 and 2 are the assets in need of replacement). Many residents do not
fully understand the number of assets that need
replacement, as they are often being maintained as
opposed to being replaced.
'The Renovation Subcommittee played a significant role in developing an innovative new system to systematically prioritize future renovation projects. This effort has been instrumental in receiving more funding, as the funding gap now has significantly more clarity.' - Matt Hedges
Commissioner Commentary
"Working with the director and staff, this subcommittee has worked hard to find solutions to a significant challenge that is facing our parks. We are looking deeper into how we address the needs at hand, as well as anticipate future challenges and plan accordingly." - Brian Wallace

07/26/2022 Item No.2.

Youth Sports Subcommittee
The subcommittee's mission/purpose is to provide recommendations to city parks staff on the usage ol and other issues related to, the use of Folsom's city parks by youth sports participants & leagues in the gr"ut.r Folsom area. Our ultimate goal is to ensur-e a safe dnd fun experience for all of Folsom's youth 1-and others) by ensuring that a well-equipped and well-maintained park system is available and suitable for their use.
ln 2021, despite the presence of multiple COVID strains/outbreaks, the subcommittee and staff were able to pio"iO. rrttipt. dports and other activity offerings to our residents. We were able to find outdoor opiion, for indoor sports, craft and facilitate COVID safety protocols, and also finalize Memorandums of Understanding with multiple youth Sports Leagues to ensure clear and equitable usage and scheduling of the various park fields/facilities.

ACCOMPTISHMENTS
Successful completion of Memorandums of
Understanding (MOU9 for multiple Youth
Sports Leagues in the city of Folsom;
facilitated an equitable sharing of facility space
despite the fact that demand (participants) is
beginning to outpace supply (facilities)
Successfully orchestrated multiple outdoor
offerings for indoor sports during the ongoing
COVID pandemic

FUTURE CHALTENGES
Growth in sporl participation, and overlapping
sports seasons, which is causing demand to
outpace field/gym capacity. This problem is
significantly greater for indoor sports
Future lockdowns due to future strains of COVID
or other pandemic/emergency situations
Securing proper funding to build/renovate our
parks system to meet continued growth in
demand for facilities & programs
"Given the participation rate of Folsom's youth and the need for park space to suppott, this subcommittee stands ready to assist city staff in the planning, maintdnance and scheduling of Folsom's park syitem. Havinq a dedicated group ready to quickly assist staff in reJcting and responding to changing conditions helps keep our youth active and having fun with minimal lapses in programming." - Dave Nazworth Commlssioner Commentary
"This subcommittee is important to understanding the trends and demands related to youth sports programming Our subcommittee helps in supporting staff in OuilOing strong partierships with our community partners." - Brian Wallace

07/26/2022 Item No.2.

Looking Forward
As stated r1 the Charr's opentng lelter, lve appreciate the opportunity lct share ottt perspecttvr's tvtllr thoreside;tsof Folsorl TheConrrlissionisptotrcl ofthet.rlrtentstaleof tlreCLty'sParl<satrd Recrt alion Procl ant, but wt are facing sotne signif icattl tillttte t hallertc,lt's Budgetary Considerations
ln March of this year, the City Manager made a
presentation to the City Council regarding the
status of the Folsom's Budget. Due to prudent fiscal
management, Folsom's budgetary resources have
been relatively stable for the past several years
According to the City's Financial Officer, Folsom
should be able to continue that stability for the next
two years. At that point, City revenues, including
primarily property taxes and sales tax recerpts will
not support current funding levels and Folsom will
have to cut back on expenditures or find new
sources of revenue to make up for any shortfalls.

This is not good news for the City's operations,
including the Parks and Recreation Department.

Over the past several years, fiscal constraints have
been tight, but with careful management, Folsom
has been able to retatn a relatively high level of
seryice, particularly in the area of programs
servicing our residents, When revenues are limited,
however, planned capital improvements, along with
needed facility maintenance and renovation are
often underfunded and/or deferred. Here is where
we stand with planned capital development,
needed facility renovation, ongoing maintenance of
our current system, and the provision of a robust
recreation program for the community in the
future.

Capital lmprovements
Folsom is facing a $50 million gap in funding for
planned park facilities north of Highway 50. lt
should be noted that the development of parks
planned for south of Highway 50 will be paid for
with developer impact fees and don't figure into
this discussion. However, of the parks included in
the City's Master Plan,12 parks north of Highway
50 are either unfinrshed or have not broken ground
and the deficit continues to grow as the cost of
finishing or constructing these facilities will only go up over time.

Renovation Needs
Just as homeowners must take care of their
properties, the City has to constantly repair and
upgrade its existing park facilities. This is an
expensive process, pnd, although the Parks and
Recreation Deparlment has done a good job of
managing its assets, annually assessing expanding
needs and addressing needed repairs in priority
order, the Department is falling further and further
behind due to the lack of adequate funding.

Unfunded renovation needs are estimated at $5.9
million and growing as the system continues to
age.

Maintenance Requirements
Department staff maintains nearly 1,000 acres of
open space and performs trail maintenance on
more than 50 miles of publicly owned trails. ln spite
of the sterling efforts of maintenance crews and
contracted support, necessary staff and monetary
restrictions have limited the ability to expand
maintenance operations and respond to immediate
or unplanned needs. With an increasing inventory
due to the development south of Highway 50, this
problem will be severely exacerbated in the coming
yea rs.

Staffing Problems
Despite a growing system and an increasing
population, the staffing levels of the Parks and
Recreation Department, like other City operations,
have been limited based on budgetary constraints.

There have been steps taken to improve efficiency
of operations, but recreation needs for a City the
size of Folsom require an adequate cadre of
trained staff to ensure a viable and robust program
Additionally, planning and development staff must
be able to keep pace with the implementation of
system improvements, and maintenance and
renovation is a critical aspect of an effectively
functioning Department. The existing staff does a
great job of managing our Parks and Recreation
activities, but additional staff would materially
benefit our overall operation.

07/26/2022 Item No.2.

The first step in resolving a situation like we are facing for Folsom's Department of Parks and Recreation is recognizing the problem. Due to the efforts of a devoted and hard-working staff, the significance of the problems identified above are not readily observed by most residents. ln fact, a recent needs assessment survey indicated a high degree of satisfaction with the City's system of Parks, with over 88 percent of respondents very or somewhat satisfied. But the needs are there, and the Commission is committed to look for ways to increase revenues so that the City can continue to provide a high quality of parks and recreation services in the future.

Possible Solutions
I
. Galvanize community resources through volunteer programs . Establish a nonprofit foundation to support parks and programs . Create public private partnership programs to support specific projects . Right-size the city's master planning for parks and recreation . Develop creative facility maintenance programs
. Pursue grant funding to address funding gaps
. Consider tax or fees to ensure funding for park programming How to Get lnvolved
There are many opportunities for community
members to get involved support parks and
recreational programming in the City of Folsom
Here are a few ways that Folsom residents can
get involved.

Attend Parks & Recreation
Commission Meetings
The Commission meets at 6:30 p.m. the first
Tuesday of each month in the City Hall
Council Chambers. The public is welcome to
address the Commission and is offered the
opportunity to speak.

See, Click, Fix
Report non-emergency maintenance issues to the
City of Folsom with customer service tool called
See, Clic( Fix. Learn r1rore by visiting
https ://s eecl i c kf i x. co m/
Please be advised that this application is not to be
used for emergencies. For urgent matters that
require immediate attention, call 911.

Participate in Parks and
Recreation Programming
Looking to pick up a new skill or make new friends?
Try one of our classes, camps, activities, or events.

Our calendar is packed with recreational activities
designed to delight everyone from preschoolers to
seniors. You can challenge your body and mind
while having fun in Folsom's natural environment
and premier facilities. Learn more at
https ://wvw.fol som.ca. us/

07/26/2022 Item No.2.

About the Cornmission
The Parks and Recreation Commission consists of 7 members. The Commission shall consist of 5 members appointed by councilmembers. Each councilmember appoints 1 Commission member whose term shall run concurrently with that of the councilmember so appointing. Two members shall be appointed by the council for 2-year terms.

Dave Nazworfr, Chah
Term ends: 12/2022
Appointment: At-Large
dave_nazworth @ya hoo.com
WillKempton
Term ends: 12/2022
Appointment: Aquino
will kem ptonl 947@ya hoo.com
Matt Hedges
Term ends: 12/2022
Appointment: Kozlowski
[email protected]
Brian Wallace, Vice-Chair
Term ends: 12/2022
Appointment:At-Large
wallace95630@ya hoo.com
Samantha Davidson
Term ends: 12/2022
Appointment: Howell
Sama [email protected]
Marina Leight
Term ends: 12/2024
Appointment: Chalamcherla
[email protected]
Tanya Morales
Term ends: 12/2024
Appointment: Rodriguez
Ta nya @ Mora lesRea ltor.com
This report is based on the opinions of the Folsom Pqrks and Recreation Commission and does not reflect the opinions of the City of Folsom, its staff, or elected city council members.

Subcommittee
Assignments
(2027-221
Planning & Development
. Samantha Davidson, Chair
. Tanya Morales
. Marina Leight
Budget/ Finance
. Matt Hedges, Chair
. Dave Nazworth
. Will Kempton
Parks & Recreation
Renovation Plan
. Brian Wallace, Chair
. ,Samantha Davidson
. Matt Hedges
Youth Spofts
. Dave Nazworth, Chair
. Brian Wallace
. Will Kempton
A person is not eligible to hoLd
office as a park and recreation
Commissioner unless he or she
is, at the time of appointment, a
resident and registered voter of
the city. lf, during his or her term
of office, a member of the park
and recreation Com m ission
moves his or her residence
outside the city limits, or ceases
to be a registered voter ofthe
city, such member's office shall
im mediateLy become vacant.
(ord.709 I 3, 1990)

07/26/2022 Item No.2.
-l\
r
h
2020 Sierra Chapter American
Society of Landscape Architects -
"Parks and Open Space" award for
Broder Family Homestead Park
2020 APWA Design Award for the
Oak Parkway Trail Undercrossing
ProJect
2021 Marketing and
Communications Digital Media
Award of Excellence to Parks and
Recreation for the 2020 Virtual
Wayne Spence Veteran's Day Parade
2021 CPRS Award in the Facility
Design and Park Planning Award
Category for Broder Family
Homestead Park
2021 CPRS District ll Award in the
Facility Design and Park Planning
Award Category for Broder Family
Homestead Park
2020 Excellence in Design - Park
Planning for Broder Family
Homestead Park
2020 Champion of the Community
Will Kempton for his many years of
dedicated service on the Parks and
Recreation Commission.
2020 CPRS District ll - J.R. Needy
Professional Award - Chad Gunter
2020 CPRS District ll- Facility Design
& Park Planning Award - Broder
Family Homestead Park
CPRS Awards
Folsom Parks and
Recrcatlon Awards
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Commission Perspectives
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07/26/2022 Item No.2.
-F'ffitu8{b:qf
DJaAt*ClrY3 It XAlEaa
Folsom City Council
Staff ort
MEETING DATE: 7126/2022
AGEI\DA SECTION: Scheduled Presentations
SUBJECT: Historic District Residential Permit Parking Pilot: Report Outcomes and Direction to Staff
FROM: Public Works Department

BACKGROUND / ISSUE
Atthe September 28,2021meeting the City Council directed stafftg proceed with a six-month pilot program to implement residential permit parking in the Historic District. Staff was directed to report back to the City Council at the conclusion of the pilot.

The six-month pilot program was initiated on December 17,2021 and concluded on June 17, 2022. Staffwill report on the outcomes ofthe pilot project and seek direction from City Council whether to continue the pilot, institute a permanent program, or discontinue the permit program.

Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
1

07/26/2022 Item No.3.

This page is intentionally lefr blank.

07/26/2022 Item No.3.

Book 76 Page272
Folsom City Council
July 12,2022
Gity Gouncil Special Meeting

MINUTES
Tuesday, July 12,2022 5:45 PM
Councilmember YK Chalamcherla participated via teleconference from the following location 1755 Abbeyfeale Court
Folsom, CA 95630

CALL TO ORDER
The special City Council meeting was called to order at 5:45 pm with Mayor Kerri Howell presiding.

ROLL GALL:

Councilmembers Present: Sarah Aquino, Councilmember
YK Chalamcherla, Councilmember (via teleconference)
Mike Kozlowski, Councilmember
Rosario Rodriguez, Vice Mayor
Kerri Howell, Mayor
Councilmembers Absent
Participating Staff:

None
City Manager Elaine Andersen
City Attorney Steven Wang
City Clerk Christa Freemantle
lnterim Human Resources Director John Spittler
Human Resources Manager Allison Garcia
ADJOURNMENT CLOSED SESSION FOR THE FOL NG PURPOSES:

1. Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6. Agency Negotiator: lnterim Human Resources Director John Spittler. Employee Organization: Various Bargaining Groups
Motion by Gouncilmember Sarah Aquino second by Vice Mayor Rosario Rodriguez to adjourn to Glosed Session for the above referenced item. Motion carried with the following roll call vote:

AYES: Councilmember(s): Aquino, Ghalamcherla, Kozlowski, Rodriguez, Howell NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None
DRAFT - Not fficial until approved by the City Council. Page 21 07/26/2022 Item No.4.

Book 76 Page273
Folsom City Council
July 12,2022

RECONVENE
City Attorney Steven Wang announced that no final action was taken during Closed Session

ADJ NMENT
The meeting was adjourned at 6:36 P.m

SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST:

Kerri Howell, Mayor
DMFT - Not fficial until approved by the City Council. Page 22 07/26/2022 Item No.4.

Book 76 Page274
Folsom City Council
July 12,2022
City Gouncil Regular Meeting

MINUTES
Tuesday, July 12,2022 6:30 PM
Councilmember YK Chalamcherla participated via teleconference from the following location 1755 Abbeyfeale Court
Folsom, CA 95630

CALL TO ORDER
The regular City Council meeting was called to order at 6:37 pm with Mayor Kerri Howell presiding.

ROLL GALL:

Councilmembers Present: Sarah Aquino, Councilmember
YK Chalamcherla, Councilmember (via teleconference)
Mike Kozlowski, Councilmember
Rosario Rodriguez, Vice Mayor
Kerri Howell, Mayor
Councilmembers Absent: None
Participating Staff: City Manager Elaine Andersen
City Attorney Steven Wang
City Clerk Christa Freemantle
Landscaping and Lighting Manager Zach Perras
CFO/Finance Director Stacey Tamagni

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited

AGENDA UPDATE
City Attorney Steven Wang announced that there was revised staff report and resolution for item 8, revised staff report for item 1 1 and additional information for item 12.

BUSINESS FROM THE FLOOR:

DRAFT - not fficial until approued fu tbe Ci4t Council Page 23 07/26/2022 Item No.4.

Book 76 Page275
Folsom City Council
July 12,2022
The following speakers addressed the City Council:
o Durriya Syed representing California Department of lnsurance regarding their department and wildfires
o Loretta Hettinger regarding development patterns
SCHEDULED PRESENTATIONS:

1. Presentation from HART of Folsom (Homeless Assistance Resource Team) Regarding the Winter Shelter
HART Shelter Director Beverly Siess made a presentation and responded to questions from the City Council.

CONSENT GALENDAR:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.

2. Approval of June 28,2022 Special and Regular Meeting Minutes

3. pulled for comment

4. Appointment of At-Large Memberto the Folsom Landscaping and Lighting District Advisory Committee to Represent the Willow Springs District

5. Resolution No. 10883 - A Resolution Electing the Population and lnflation Factors and Establishing the Fiscal Year 2022-23 Appropriations Limit

6. Resolution No. 10886 - A Resolution Rescinding Resolution No. 10860 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Cooper Oates Air Conditioning for the Folsom City Hall Boiler and HVAC Replacement Design-Build Project

7. Resolution No. 10888 - A Resolution Acknowledging Receipt of Completed Annual State Mandated Fire lnspections
Motion by Vice Mayor Rosario Rodriguez second by Councilmember Mike Kozlowski, to approve Gonsent Calendar ltems 2 and 4'7.

Motion carried with the following roll call vote:

AYES: Gouncilmember(s): Aquino, Ghalamcherla, Kozlowski, Rodriguez, Howell NOES: Gouncilmember(s): None
ABSENT: Councilmember(s): None
ABSTAIN: Councilmember(s): None
CONSENT CALENDAR ITE PULLED FOR COMMENT:

DRAFT - not fficial until approued b1t the Ci4tCoancil Page 24 07/26/2022 Item No.4.

Book 76 Page276
Folsom City Council
July 12,2022

3. Appointment of Representatives to the Sacramento Central Groundwater Authority (SCGA) Governing Board
Councilmember YK Chalamcherla pulled this item to request future updates regarding the SCGA Board.

PUBLIC HEARING:

8. Resolution No. 10887 - A Resolution Approving the Final Engineer's Report for the following Landscaping and Lighting Districts for Fiscal Year 2022-2023 American River Canyon North, American River Canyon North No. 2, American River Canyon North No. 3, Blue Ravine Oaks, Blue Ravine Oaks No. 2, Briggs Ranch, Broadstone, Broadstone No. 4, Broadstone Unit No. 3, Cobble Ridge, Cobble Hills Ridge ll/Reflections ll, Folsom Heights, Folsom Heights No. 2, Hannaford Cross, Lake Natoma Shores, Los Cerros, Natoma Station, Natoma Valley, Prairie Oaks Ranch, Prairie Oaks Ranch No. 2, Prospect Ridge, Sierra Estates, Silverbrook, Steeplechase, The Residences at American River Canyon, The Residences at American River Canyon ll, Willow Creek Estates East, Willow Creek Estates East No. 2, Willow Creek Estates South, and Willow Springs Landscaping and Lighting Manager ZachPerras made a presentation.

Mayor Kerri Howell stated that the staff report and resolution had been amended.

Mayor Kerri Howell opened the public hearing. Hearing no public comments, the public hearing was closed.

Motion by Vice Mayor Rosario Rodriguez second by Councilmember Sarah Aquino, to approve Resolution No. 10887 as amended.

Motion carried with the following roll call vote:

AYES: Gouncilmember(s): Aquino, Chalamcherla, Kozlowski, Rodriguez, Howell NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None

CONVENE JOINT MEETING

JOINT CITY GOUNCIL AGENDA
Gity Council Regular and Joint Gity Gouncil / Folsom Redevelopment Successor Agency / Folsom Public Financing Authority / Folsom Ranch Financing Authority / South of 50 Parking AuthoritY Meeting
ROLL GALL:

Council/Boardmembers

Present:

Sarah Aquino, Councilmember
YK Chalamcherla, Councilmember
Mike Kozlowski, Councilmember
DRAFT - not officialuntil approued fui the Ci4t Council Page 25 07/26/2022 Item No.4.

Book 76 Page277
Folsom City Council
July 12,2022
Rosario Rodriguez, Vice Mayor
Kerri Howell, Mayor
NoneCouncil/Boardmembers

Absent:

Participating Staff: City Manager Elaine Andersen
City Attorney Steven Wang
City Clerk Christa Freemantle
CFO/Finance Director Stacey Tamagni
GONSENT GALENDAR:

9. Approval of the April 12, 2022 Joint City Council and Folsom Ranch Financing Authority Meeting Minutes

10. Approval of the May 24, 2022 Joint City Council / Redevelopment Successor Agency / Public Financing Authority / Folsom South of 50 Parking Authority / Folsom Ranch Financing Authority Meeting Minutes
Motion by Vice Ghair Rosario Rodriguez second by Boardmember Mike Kozlowski, to approve Gonsent Galendar.

Motion carried with the following roll call vote:

AYES: Boardmember(s): Aquino, Ghalamcherla, Kozlowski, Rodriguez, Howell NOES: Boardmember(s): None
ABSENT: Boardmember(s): None
ABSTAIN: Boardmember(s): None
PUBLIC HEARING:

11. Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 23 (Folsom Ranch) lmprovement Area No. 3 Special Tax Revenue Bonds, Series 2022 i. Resolution No. 10884 - A Resolution of the City Council of the City of Folsom Authorizing the lssuance of the City of Folsom Community Facilities District No. 23 (Folsom Ranch) lmprovement Area No. 3 Special Tax Bonds, Series 2022, the Execution of an lndenture Providing therefor, Authorizing the Execution of a Local Obligation Purchase Contract, and Authorizing Necessary Actions and the Execution of Other Documents in Connection therewith
ii. Resolution No. OO9-Folsom Ranch FA - A Resolution of the Governing Board of the Folsom Ranch Financing Authority Authorizing the lssuance, Sale and Delivery of Not to Exceed $12,000,000 Aggregate PrincipalAmount of City of Folsom Community Facilities District No. 23 (Folsom Ranch) lmprovement Area No. 3 Special Tax Revenue Bonds, Series 2022; Approving the Form and Substance of a Trust Agreement, Authorizing Modifications thereof and Execution and Delivery as Modified; Approving a Preliminary Official Statement, Authorizing Changes thereto and Execution and Delivery thereof and of an Official Statement to be Derived therefrom; Approving a Local Obligation Purchase DRAFT - not fficial until approued @ the Ciry Coancil Page 26 07/26/2022 Item No.4.

Book76 Page278
Folsom City Council
July 12,2022
Contract and a Bond Purchase Contract and Execution and Delivery of Each; and Authorizing Related Actions Necessary to lmplement the Proposed Financing CFO/Finance Director Stacey Tamagni made a presentation.

Mayor Kerri Howell opened the public hearing. Hearing no public comments, the public hearing was closed.

Motion by Vice Chair Rosario Rodriguez second by Boardmember Mike Kozlowski, to approve Resolution No. 10884.

Motion carried with the following roll call vote:

AYES: Boardmember(s): Aquino, Ghalamcherla, Kozlowski, Rodriguez, Howell NOES: Boardmember(s): None
ABSENT: Boardmember(s): None
ABSTAIN: Boardmember(s): None
Motion by Boardmember Mike Kozlowski, second by Vice Ghair Rosario Rodriguez to approve Resolution No. 009-Folsom Ranch FA.

Motion carried with the following roll call vote:

AYES: Boardmember(s): Aquino, Chalamcherla, Kozlowski, Rodriguez, Howell NOES: Boardmember(s): None
ABSENT: Boardmember(s): None
ABSTAIN: Boardmember(s): None

ADJOURNMENT
There being no further business to come before the joint City Council / Redevelopment Successor Agency / Public Financing Authority / Folsom South of 50 Parking Authority / Folsom Ranch Financing Authority, the meeting was adjourned to the regular City Council meeting at 7:19 pm.

RECONVENE CITY GOUNCIL MEETING
NEW BUSINESS:

12. General Municipal Election - November 8,2022

1. A. Resolution No. 10889 - A Resolution Authorizing the Submission of a Ballot Measure to the Qualified Voters of the City to Add a Transactions and Use Tax at the Rate of One-Half Percent (0.5%), Authorizing the Filing of Written Arguments Regarding the City's Revenue Measure, and Directing the City Attorney to Prepare an lmpartial Analysis for Said Measure; or
DRAFT - not fficial until approued fui the Ciry Council Page 27 07/26/2022 Item No.4.

Book 76 Page279
Folsom City Council
July 12,2022
B. Resolution No. 10890 - A Resolution Authorizing the Submission of a Ballot Measure to the Qualified Voters of the City to Add a Transactions and Use Tax at the Rate of One Percent (1%), Authorizing the Filing of Written Arguments Regarding the City's Revenue Measure, and Directing the City Attorney to Prepare an lmpartial Analysis for Said Measure

2. A. Ordinance No. 1328 - An Ordinance of the People of the City of Folsom lmposing a One-Half Percent (0.5%) Transactions and Use Tax by Adding Chapter 3.140, "Folsom Essential City Services Maintenance and lnvestment Measure", to the Folsom Municipal Code to be Administered by the California Department of Tax and Fee Administration (Approve Submission to Voters); or
B. Ordinance No. 1329 - An Ordinance of the People of the City of Folsom lmposing a One Percent (1%) Transactions and Use Tax by Adding Chapter 3.140, "Folsom Essential City Services Maintenance and lnvestment Measure", to the Folsom Municipal Code to be Administered by the California Department of Tax and Fee Administration (Approve Submission to Voters)
City Manager Elaine Andersen introduced the item. City Attorney Steven Wang made a presentation and responded to questions from the City Council.

The City Council discussed the item and received clarification from CFO/Finance Director Stacey Tamagni and consultant Bonnie Moss.

The following speaker addressed the City Council
o Loretta Hettinger
Motion by Gouncilmember Mike Kozlowskisecond by Mayor Kerri Howellto approve Resolution No. 10889.

Each of the City Councilmembers commented regarding the item Motion failed with the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Boardmember(s):

Boardmember(s):

Boardmember(s):

Boardmember(s):

Kozlowski, Howell
Aquino, Ghalamcherla, Rodriguez
None
None
Councilmember Sarah Aquino suggested a citizen's committee be created to prepare for a2024 sales tax measure. City Manager Elaine Andersen commented that the City's consultant suggested the City continue to telltheir story of need. She further commented that the City Council will need to consider which services the City will no longer provide due to revenue shortfalls.

Consultant Bonnie Moss concurred with City Manager Elaine Andersen and reminded the City Council of the survey results and explained that she wanted to reenforce the idea of a more robust citizen engagement effort for 2024.

DRAFT - not fficial antil approued bjt the CiE Council Page 28 07/26/2022 Item No.4.

Book 76 Page 280
Folsom City Council
July 12,2022
CITY MANAGER REPORTS:

City Manager Elaine Andersen made announcements of upcoming events including the annual national night out, the new session of the Police Department's citizens academy and the 48 Natoma Art Gallery reception. She wished a happy birthday to Vice Mayor Rosario Rodriguez.

GITY GOUNGIL COMMENTS:

Councilmember YK Chalamcherla requested future agenda items regarding Bidwell Suites and an update of Public Works projects. He spoke of the sales tax measure item and thanked staff for helping him join the meeting remotely.

Councilmember Sarah Aquino thanked City Attorney Steven Wang for his military service and congratulated Police Lieutenant Zelaya on his promotion. She requested that the City Council consider rescinding the state of emergency that was put into place during the pandemic.

Councilmembers concurred and City Manager Elaine Andersen said it would be brought to a future City Council meeting for discussion.

Councilmember Mike Kozlowski thanked the Chamber of Commerce and all the volunteers for the Folsom Pro Rodeo.

Vice Mayor Rosario Rodriguez congratulated the Choose Folsom Team for an outstanding rodeo. She spoke of her participation in the study mission to St. Louis and commented on a visit to the Toll Brothers Regency. She requested a future agenda item regarding strategic planning and wished City Manager Elaine Andersen an early happy birthday.

Mayor Kerri Howell encouraged everyone to drive safely. She commented on the Folsom Pro Rodeo and commended the Chamber of Commerce, all the volunteers and Vice Mayor Rosario Rodriguez for their work. She spoke of upcoming regional board meetings she will be attending and commended Environmental and Water Resources Director Marcus Yasutake on his tv news appearance.

ADJOURNMENT
There being no further business to come before the Folsom City Council, Mayor Kerri Howell adjourned the meeting at 8:13 pm.

SUBMITTED BY
ATTEST:

Kerri Howell, Mayor
DRAFT - not oficial until @proaed fu the Ci4t Council
Christa Freemantle, City Clerk

07/26/2022 Item No.4.

This page is intentionally left blank.

07/26/2022 Item No.4.

Folsom City Council
Staff ort
MEETING DATE: 712612022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10891 - A Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Agreement
(Contract N o. 046-21 2 1 -005) with Badger Meter, Inc. to Purchase Badger Cellular Endpoints for a Three Year Pilot Automated Metering Infrastructure Network for the City of Folsom Water Meter Division
F'ROM: Environmental and Water Resources Department

RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Department recofilmends that the City Council pass and adopt Resolution No. 10891 - A Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Agreement (Contract No.046-2121-005) with Badger Meter, Inc. to Purchase Badger Cellular Endpoints for a Three Year Pilot Automated Metering Infrastructure Network for the City of Folsom Water Meter Division.
r'

BACKGROUND / ISSUE
By State law California Water Code Secti on 526 the City began billing all City water customers based on consumptive rates in January 2013. In preparation for the 2013 metered billing, the City adopted a comprehensive Water Meter Implementation Plan (WMIP) in August 2007 and an updated WMIP in April 2011.

In the WMIP, staff analyzed the life cycle cost for various meter reading options, including touch read (walk-by), radio read (drive-by) and fixed network (remote meter reading). The life cycle cost analysis revealed that the fixed network system provided the best long-term cost advantages.

Staff moved forward with implementing a city-wide fixed network meter reading system.

Currently, the city is 100% deployed with a fixed network system. 1

07/26/2022 Item No.5.

Since the deployment of the City's current fixed network system, technology has expanded and improved in the area of automated meter reading. ln20l9, the city elected to participate in a regional Water Meter Consortium study that reviewed regional opportunities for meter purchasing, meter testing and meter reading technology. The meter reading technology analysis reviewed and compared what other water agencies use for meter reading and the various options available for remote meter reading. The study identified the pros and cons of various meter reading systems, as well as a recommendation to the City for future meter reading needs. The Water Meter Consortium consultants recommended the City conduct a pilot project of the Badger Meter cellular automated metering infrastructure (AMI) system.

This resolution authorizes the City Manager to execute Amendment No. I to the Agreement (Contract No. 046-21 21-005) with Badger Meter, Inc. to purchase Badger Cellular Endpoints for a Three Year Pilot Automated Metering Infrastructure Network for the City of Folsom Water Meter Division

POLICY / RULE
In accordance with Chapter 2.36 of theFolsom Municipal Code. supplies, equipment, services, and construction with a value of $66,141 or greater shall be awarded by City Council.

ANALYSIS
The Water Meter Consortium consultants recommended the City pilot the Badger Meter Cellular AMI system. As a result of this recommendation, the city,worked with Badger Meter, Inc. to identifu the overall costs for a pilot project.

On October 27,2020, the City Council approved Resolution No. 10537 authorizing execution of an agreement with Badger Meter Inc for the pilot project. Under the current Agreement (046-2121-005) it was estimated that the City would install approximately 800 meter reading units per year during the three years of the agreement.

Due to increased demand for water meters in the Folsom Plan Area, the City will exhaust the total inventory of cellular endpoints prior to the three years anticipated in the original agreement. To keep up with demand for the remainder of the three year pilot, the City requests this amendment to purchase an additional2,000 cellular endpoints from Badger Meter, Inc.

Since this is a cellular AMI system and is built on existing commercial wireless networks, there is no additional infrastructure that will need to be installed. The cost to the City over the remaining 2years is as follows:
2 Page 32
07/26/2022 Item No.5.

Item $ per Year 1 ($) Year 2 ($)
Badger Cellular Endpoint
Cellular Service Annual Cost
$8s.00
$8.1 6
$85,000
$8,160
$85,000
$16,320
Total Cost Per Year (inc. tax) $93,160 $101,320
Total Cost of Amendment to Meet Demand For AMI $194,480

FINANCIAL IMPACT
Sufficient funds have been budgeted and are available in the Water Operating Fund (Fund 520) in FY 2022-23 to provide for this program for a total of $93,160. Funds will also be made available in FY 2023-24. This amendment will authorize purchasing additional endpoints at the original contract price for the remainder of the AMI three year pilot duringFY 2022-23 and FY 2023-24, for a total not-to-exceed fee of $194,480.

ENVIRONMENTAL REVIEW
I.

This work consists of basic data collection and component installation that does not result in a serious or major disturbance to an environmental resource, and is categorically exempt from environmental review under the California Environmental Quality Act as noted in Title 14 - California Code of Regulations, Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Article 19 - Categorical Exemptions, Section 15306 - Information Collection.

ATTACHMENT
Resolution No. 10891 - A Resolution Authorizing the City Manager to Execute Amendment No. I to the Agreement (Contract No. 046-21 21-005) with Badger Meter, Inc. to Purchase Badger Cellular Endpoints for a Three Year Pilot Automated Metering Infrastructure Network for the City of Folsom Water Meter Division
Submitted,
Marcus Yasutake, Director

ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
-t Page 33
07/26/2022 Item No.5.

RESOLUTION NO. 10891

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. I TO THE AGREEMENT (CONTRACT NO. 046-2121-005) WrTH BADGER METER,INC. TO PURCHASE BADGER CELLULAR ENDPOINTS F'OR A

THREE YEAR PILOT AUTOMATED METERING INFRASTRUCTURE NETWORK

FOR THE CITY OF FOLSOM WATER METER DIVISION
WHEREAS, remote meter reading is an essential operation for accurate, timely billing, water conservation and maintenance of the meter infrastructure; and WHEREAS, the City participated in aregion Water Meter Consortium to analyze regional water meter networks with a recommendation that the City pilot the Badger Meter Cellular AMI system; and
WHEREAS, additional cellular endpoints are needed to keep up with an increased demand in water meter installations; and
WHEREAS, sufficient funds have been budgeted and are available in the Water Operating Fund (Fund 520); and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute Amendment No. 1 to the Agreement (Contract No. 046- 212l-005) with Badger Meter, Inc. to Purchase Badger Cellular Endpoints for a Three Year Pilot Automated Metering Infrastructure Network for the City of Folsom Water Meter Division for a not-to-exceed amount of $194,480.

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

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Kerri M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10891
Page I of I Page 34
07/26/2022 Item No.5.
,1".', l-'3 J, li .*.i.rlL
$:tlttc:itt l t tStit.lt
Folsom City Council
Staff ort
RECOMMENDATION / CITY COT]NCIL ACTION
I,
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10892 - A Resolution Authorizing the City Manager to Execute Amendment No. 5 Extending the Term for the Consultant and Professional Services Agreement with The Ferguson Group for Federal Legislative Advocacy Services (Contract No. 173-21 09-026).

BACKGROTII{D / ISSUE
Since January 1995, the City of Folsom has engagedthe services of The Ferguson Group to provide federal legislative advocacy consultant services. The Ferguson Group has assisted the city in all matters of interest to the city pertaining to the federal government, including federal funding; legislative, regulatory, and other administrative matters not directly related to federal funding; and a variety of special issues and projects, including advocacy and funding related to water supply and the Folsom Lake Crossing project, among many others.

The city's current three-year consultant and professional services agreement (Amendment No. 4 of Contract No. 173-21 09-026) with The Ferguson Group expired on June 30,2022. Staff proposes that the City Manager amend the current agreement to extend the term for another three years, from July l,2\22,through June 30, 2025. Staff feels that it is particularly important to provide for a three-year extension to ensure consistency and confinuity. 1 MEETING DATE: 7t2612022
AGEI\DA SECTION: Consent Calendar
SUBJECT: Resolution No. 10892 - A Resolution Authorizing the City Manager to Execute Contract Amendment No. 5 Extending the Term for the Consultant and Professional Services Agreement with The Ferguson Group for Federal Legislative Advocacy Services (Contract No. 173-21 09-026)
FROM: Public Works Department

07/26/2022 Item No.6.

POLICY / RULE
In accordance with Chapter 2.36 of the Folsom Municipal Code, agreements costing $66,141 or greater shall be approved by the City Council.

ANALYSIS
The Ferguson Group has proven to be a staunch and able advocate of the city's interests and has consistently demonstrated outstanding professional skills in support of the city.

A key element to the success of any consultant-client relationship is the rapport and familiarity established between the parties over time. Unlike other consultant relationships that are typically created for a specific project and have a known end date, legislative advocacy consultant relationships are intended to extend over a much longer period. This longevity is invaluable as the legislative advocacy consultant becomes intimately familiar with the city's needs and desires; that consultant becomes even more effective in representing those interests.

The Ferguson Group is an excellent example ofthe fruitfulness ofthis type of successful, long- term consultant-client relationship
Since it started representing the city, The Ferguson Group alone has been instrumental in helping secure nearly $14 million in congressional appropriations to meet the city's various capital needs, plus another $77 million toward the design and construction ofthe Folsom Lake Crossing. In total, since 1997, the city has received federal appropriations totaling over $91 million. The Ferguson Group advocated over the past several years for repayments to the city from the Corps of Engineers related to the bridge project. As bridge and Joint Federal Project budgeting have wound down, the city and The Ferguson Group have been reviewing the city's federal agenda and moving forward with new and additional priorities, most notably in the area of transportation and infrastructure generally.

The Ferguson Group has been proactive in educating staff on the contents, schedule, and criteria of the Infrastructure Investment and Jobs Act [IJA) of 2021. They also made staff aware that Congressionally-Directed Funds (CDF), formerly known as Federal earmarks, have been reinstated into the Federal budget and they assisted the city in successfully adding $4 million in CDF requests to Congress Member Ami Bera's list of funding priorities to fund the Riley Street Sidewalk Project.

The Ferguson Group interacts regularly with the U.S. Bureau of Reclamation, the U.S. Army Corps of Engineers, the Federal Aviation Administration, and many other federal departments, bureaus, and agencies on behalf of the city - both in Washington, D.C. and locally. The Ferguson Group's strong relationships with key officials and staff fnembers in these agencies are critical to the success of the city's ongoing federal lobbying program.

In addition, The Ferguson Group's existing relationship with other local clients, including the City of Roseville and San Juan Water District, broadens The Ferguson Group's access to other congressional representatives in this region which, directly and indirectly, can help further the City of Folsom's interests.
2

07/26/2022 Item No.6.

Importantly, The Ferguson Group's history with and breadth of knowledge of the city's needs and interests have become even more valuable over the last several years due to the retirement of key city senior staff members involved in federal issues. Because of city staff turnover, a significant portion of the city's institutional "memory" on key federal issues, projects, and programs, particularly the Folsom Lake Crossing project, rests with The Ferguson Group staff who have served the city for many years.

The amendment to the agreement with The Ferguson Group will be in a form acceptable to the City Attorney.

F'INAIICIAL IMPACT
The Ferguson Group proposes to continue providing federal legislative advocacy services to the city for a monthly retainer of $7,495, plus $5,000 annually for expenses for a new three- year term beginning July 1,2022.

The amendment to the contract will be for 36 months, from July 1,2022 through June30,2025.

Funding in the amount of $7,495 for the monthly retainer and $5,000 annually for expenses (for a total not to exceed $94,940) for the first year of the proposed extended term is included in the Fiscal Year 2022-23 Budget in the General Fund; funding for the subsequent years of the new term (total not to exceed 594,940 for Fiscal Year 2023-24 and total not to exceed 994,940 for Fiscal Year 2024-25 for retainer plus expenses) will be budgeted on an annual basis.

ATTACHMENT
Resolution No. 10892 - A Resolution Authorizing the City Manager to Execute Amendment No. 5 Extending the Term for the Consultant and Professional Services Agreement with The Ferguson Group for Federal Legislative Advocacy Services (Contract No. 173-21 09^026) Submiffed,
Mark Rackovan, PUBLIC WORKS DIRECTOR
J

07/26/2022 Item No.6.

RESOLUTION NO. 10892

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 5 EXTENDING THE TERM FOR THE CONSULTANT AND

PROF'ESSIONAL SERVICES AGREEMENT WITH THE FERGUSON GROUP F'OR F',EDERAL LEGTSLATM ADVOCACY SERVTCES (CONTRACT NO. 173-2109-026) WHEREAS, since January 1995, the city has engaged the services of The Ferguson Group to provide federal legislative advocacy consultant services; and WHEREAS, The Ferguson Group has assisted the city in all matters of interest to the city pertaining to the federal government, including federal funding; legislative, regulatory, and other administrative matters not directly related to federal funding; and a variety of special issues and projects, including advocacy and funding related to water supply and the Folsom Lake Crossing project, among many others; and
WHEREAS, the term of the city's current consultant and professional services agreement with The Ferguson Group (Contract No. 173-21 09-026, Amendment No. 3) expired June 30, 2022;and
WHEREAS, The Ferguson Group has provided outstanding service and the city wishes to extend the term of the current agreement by three years beginning July 1,2022, through June 30, 2025, with the same retainer and expenses as contained in the original agreement; and WHEREAS, funding in the amount of $7 ,495 for the monthly retainer and $5,000 annually for expenses (for a total not to exceed $94,940) for the first year ofthe proposed extended term is included in the Fiscal Year 2022-23 Budget in the General Fund, and funding for the subsequent years of the new term (total not to exceed $94,940 for Fiscal Year 2023-24 andtotal not to exceed $94,940 for Fiscal Yeau. 2024-25 for retainer plus expenses) will be budgeted on an annual basis, and
WHEREAS, the amendment to the agreement with The Ferguson Group will be in a form acceptable to the City Attorney:

NOW' THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the City Manager is hereby authorized to execute Amendment No. 5 (for a total not to exceed $94,940 for Fiscal Year2022-23,notto exceed $94,940 for Fiscal Year2023-24,andnotto exceed $94,940 for Fiscal Year 2024-25) extending the term for three years for the consultant and professional services agreement with The Ferguson Group for federal legislative advocacy services.

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

AYES:

NOES:

ABSENT
ResolutionNo. 10892
Page I of2
Councilmember(s)
Council Member(s)
Council Member(s)

07/26/2022 Item No.6.

ABSTAIN: CouncilMember(s)
ATTEST:

Keni M. Howell, MAYOR
Christa Freemantle, CITY CLERK
ResolutionNo. 10892
Page2 of2 Page 39
07/26/2022 Item No.6.

This page is intentionally left blank.

07/26/2022 Item No.6.

MEETING DATE:

AGENDA SECTION:

SUBJECT:

FROM:

Folsom City Council
Staff Re ort
7/26/2022
Consent Calendar
Resolution No. 10896 - A Resolution Rejecting All Proposals Submitted for the Folsom City Hall Boiler and HV AC
Replacement Design-Build Project
Parks and Recreation Department

RECOMMENDATION I CITY COUNCIL ACTION
Staff recommends that the City Council adopt Resolution No. 10896-A Resolution Rejecting All Proposals Submitted for the Folsom City Hall Boiler and HV AC Replacement Design-Build Project.

BACKGROUND/ ISSUE
The Request for Proposals (RFP) for the Folsom City Hall HVAC and Boiler Replacement Design Build Project was published on April 14, 2022, with noticing to electronic bid boards and the City of Folsom website. The Parks and Recreation Department received four proposals on May 3, 2022. The four proposals were evaluated by staff based on the following criteria which was outlined in the RFP:

Project Understanding
Relevant Experience
Cost
Total Possible Points
30 Points
30 Points
40 Points
100 Points
Three staff members evaluated the proposals independently, then held a meeting to collate the results. Following are the results and ranking of the four proposals received. 1

07/26/2022 Item No.7.

AK ACCO Air Systems
Contractor Cooper Oates Mechanical Engineered Service & Construction Inc Systems (ASSC)
Project
Understanding 28.3 27.3 25.6 18.3
Relevant Experience 27.3 25.6 26.6 11.6
Cost 38.3 33.3 33.3 18.3
Total Points 93.9 86.2 85.5 48.2
Ranking I D I ,.r ~- : 1·, •
. 16 ... . ,,,
Based on staffs review and final ranking, Cooper Oates Air Conditioning (COAC) received the highest ranking from the four proposals received.

On May 24, 2022, the City Council approved Resolution No. 10860, which authorized the City Manager to execute a construction agreement with COAC for the Folsom City Hall Boiler and HV AC Replacement Design-Build Project.

Due to an inadvertent error with the notice of intent to award, COAC was notified in writing on June 20, 2022 that the City suspended the award of the contract pending further action by the City Council. Also on June 20, 2022, all proposers were notified that the Council would consider award of the contract at its July 26, 2022 meeting.

As a result of the above, Resolution No. 10860 was rescinded by the City Council at its July 12, 2022 meeting.

On June 27, 2022, a protest to the award of the contact for this project to COAC was received from ACCO Engineered Systems, Inc. (ACCO).

Pursuant to the process laid out in the City of Folsom Standard Construction Specifications, the protest letter was provided to the apparent successful bidder, COAC, and staff requested a response to the claims made in the protest. On June 28, 2022, COAC provided a written response to ACCO's protest.

POLICY/ RULE
In accordance with Chapter 2.36 of the Folsom Municipal Code, City Council approval is required for contracts in excess of $66,141.

In accordance with Folsom Municipal Code section 2.36.180, the City Council may reject all proposals when it is for good cause and in the best interests of the City. 2 Page 42
07/26/2022 Item No.7.

ANALYSIS
The City of Folsom received a protest from ACCO on June 27, 2022. ACCO ranked third in the proposal evaluation.

The protest letter asserts that COAC's proposal is non-responsive and identifies certain deficiencies in support of their protest. Based on these alleged deficiencies, ACCO requested that COAC's proposal be deemed non-responsive, such that COAC is not eligible for award of the contract for this project. ACCO also stated that all scores for "project understanding" should be thrown out and, based on the remaining scores, the contract for this project should be awarded to ACCO.

COAC provided a written response to the protest letter, denying each of the allegations and stating that it could and would comply with the project manual and project specifications contained in the RFP. COAC requests that the contract for this project should be awarded to COAC, based on its score as the highest-ranking proposal.

Based on irregularities in both the process and the proposals received, staff recommends that Council reject all proposals. Staff intends to improve the process where needed, re-notice the project, and give any interested proposer an opportunity to submit a proposal for this project.

FINANCIAL IMP ACT
There is no financial impact on the general fund. The cost of replacing the City Hall HV AC and Boilers will be funded by American Rescue Plan Act (ARP A) funds.

ENVIRONMENTAL REVIEW
This action by the City Council is exempt from environmental review pursuant to Section 15061(b)(3) (Review for Exemption) of the California Environmental Quality Act (CEQA) Guidelines. The Folsom City Hall Boiler and HV AC Replacement Design-Build Project is exempt from environmental review pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

ATTACHMENTS

1. Resolution No. 10896 - A Resolution Rejecting All Proposals Submitted for the Folsom City Hall Boiler and HV AC Replacement Design-Build Project

2. Protest Letter from ACCO Engineering, Inc.

3. Response Letter from Cooper Oates Air Conditioning
Submitted,
3

07/26/2022 Item No.7.

Lorraine Poggione, Director
Parks & Recreation Department
4 Page 44
07/26/2022 Item No.7.

ATTACHMENT 1

07/26/2022 Item No.7.

RESOLUTION NO. 10896

A RESOLUTION REJECTING ALL PROPOSALS SUBMITTED FOR THE FOLSOM

CITY HALL BOILER AND HV AC REPLACEMENT DESIGN-BUILD PROJECT WHEREAS, the HVAC, Boiler, and HVAC control systems at the Folsom City Hall have reached the end of their useful life and are in need replacement; and WHEREAS, the project was publicly advertised on April 14, 2022, and four proposals were received on May 3, 2022; and
WHEREAS, Cooper Oates Air Conditioning's Proposal ranked the highest based on evaluation criteria; and
WHEREAS, a protest to the award of the project to Cooper Oates Air Conditioning was received on June 27, 2022 from ACCO Engineering Systems, Inc.; and WHEREAS, Cooper Oates Air Conditioning provided a response to the protest on June 28,2022;and
WHEREAS, based on irregularities in both the process and the proposals received, the City Council finds good cause and in the best interests of the City to reject all proposals received for the project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that all proposals received through the public Request for Proposal process for the Folsom City Hall Boiler and HVAC Replacement Design-Build Project are hereby rejected.

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):

ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10896

Kerri M. Howell, MAYOR

07/26/2022 Item No.7.

ATTACHMENT 2

07/26/2022 Item No.7.

June 27, 2022
Via Email
City of Folsom
City Clerk ([email protected])
50 Natoma Street
Folsom, CA 95630
•
engineered
systems
Mechanical Services
916 / 520-2100 Voice
800 / 598-2226 Service
916 / 520-2150 Fax
9290 Beatty Drive
Sacramento, CA
95826-9702
RE: Folsom City Hall Boiler & HV AC Replacement Design-Build Project - Bid Award to Cooper Oates Air Conditioning Protest by ACCO Engineered Systems, Inc.

Dear City of Folsom:

ACCO Engineered Systems, Inc. protests the award of the contract for the Folsom City Hall Boiler & HV AC Replacement Design-Build Project to the apparent awardee, Cooper Oates Air Conditioning. As explained in greater detail below, Cooper Oates Air Conditioning's ("COAC")bid is nonresponsive to the RFP. Further, the proper application of the City's ranking system would make ACCO the intended awardee.

Form required a two-year warranty/guarantee. COAC's Cover Letter & Statement of Understanding, provides COAC would only be providing a one-year warranty. COAC's response deviates from the general requirements of the project. COAC's bid is nonresponsive and is not eligible for the award.

COAC's failure to provide the required warranty/guarantee also demonstrates a lack of understanding of the project yet it was ranked the highest in all three bid categories - Project Understanding, Relevant Experience, and Cost.

Another area were COAC's bid falls short is treating pre and post air readings as "highly recommend" in its Cover Letter. In other words, COAC excluded that work (approximately $50,000+ value) even though pre and post air readings are an industry standard and critical in a design-build project. That exclusion should alone should be a basis to disqualify COAC's bid. However, despite this qualification by COAC, the City gave COAC the highest score for Project Understanding. This qualification by COAC would also lower COAC's score for price if the $50,000+ value for this work is added to its bid price.

Eslablished 1934
License# 120696

07/26/2022 Item No.7.

Additionally, item D, #2 in the Project Overview - Required Information, •
engineered
systems
requires bidders to describe the design process. COAC failed to provide to do this and demonstrates another bid omission.

ACCO Should be Awarded the Contract
As noted above, COAC was ranked the highest in all three bid categories despite the demonstrated clear omission of the require warranty that goes to specifically to the category of Project Understanding. How the scoring in the Project Understanding Category is determined is unclear; however, this category has the greatest disparity in awarded scores. How could the City award the highest score in the Project Understanding category to a bidder that clearly lacked a full understanding of the RFP requirements and qualified its price by excluding work.

The appropriate solution is to eliminate the Project Understanding Category from the scoring due to its subjective application. In doing so, ACCO's score for the remaining (objective) categories - Relevant Experience and Cost - would be 59.9. The other two bidders eligible for award - AK Mechanical and Air Systems Service, scores would be

58.9 and 29.9, respectively. Accordingly, ACCO, would have the highest score therefore be the appropriate awardee of the contract.

For the reasons stated above, ACCO respectively request that its protest be deemed successful and receive the award of the contract at issue.

NOTE: For your ready-reference, following supporting documentation is included with this:

Exhibit A: Bid Results
Exhibit B: Proposal Rankings
Exhibit C: Notice to Contractors
Exhibit D: Project Overview
Exhibit E: Construction Agreement
Exhibit F: Performance Bond Form
Exhibit G: Guarantee Form
Exhibit H: ACCO Bid
Exhibit I: Cooper Oates Bid
Exhibit J: AK Mechanical Bid
Exhibit K: Air Systems Bid

07/26/2022 Item No.7.

A engineered
W systems
ACCO appreciates the opportunity to raise its concerns regarding the contract award.

Regards,
~-~d #fa,,
Stephen Alwan, Project Manager
9290 Beatty Drive, Sacramento, CA 95826
916-628-0058 I [email protected]
Michael Potts, Sr. Vice President - Facility Service Group 9290 Beatty Drive, Sacramento, CA 95826
916-520-2100 / [email protected]

07/26/2022 Item No.7.

BID RESULTS
2:00 P.M. May 3. 2022
Folsom City Hall Boiler HVAC Replacement
Design-Build Project
Contractor Cooper Oates
Base Bid $ 947,825.00
Rank ,B
Laura Goller
Authorized Designee
AK Mechanical Inc
$ 965,025 .00
H
Exhibit A
Air Systems
ACCO Engineered Service &
Systems Construction
(ASSCl
$ 967,861 .10 $ 991 ,469 .00 $ - $ -
(1 a
Brad Nelson
Authorized Designee

07/26/2022 Item No.7.

Proposal Ranking
May 3. 2022
Folsom City Hall Boiler HVAC Replacement
Design-Build Project
Contractor
Project UnderstandinQ
Relevant Experience
Cost
Total Points
Rank
Cooper Oates

28.3 27 .3

38.3 93.9
B
Exhibit B
Air :systems
AK Mechanical Inc ACCO Engineered Service &
Systems Construction
IAC:C:~\
27 .3 25 .6 18.3

25.6 26 .6 11 .6

33.3 33.3 18.3

86.2 85.5 48.2
fl ~ a

07/26/2022 Item No.7.

Exhibit C

NOTICE TO CONTRACTORS
Sealed Proposals will be received by the City Clerk's Office for the City of Folsom at, 50 Natoma Street, Folsom, California 95630 up to the hour of2:00 P.M. on Tuesday, May 3, 2022 for construction of:

CITY OF FOLSOM

CITY HALL BOILER & HV AC REPLACEMENT

DESIGN-BUILD PROJECT
In accordance with the Contract Documents issued by the City of Folsom. Proposals must be submitted on printed forms supplied by the Department of Parks and Recreation enclosed in an envelope marked:

SEALED PROPOSALS FOR:

CITY OF FOLSOM

CITY HALL BOILER & HV AC REPLACEMENT

DESIGN-BUILD PROJECT
Copies of the Sealed Proposal forms and accompanying documents (specifications and drawings) are available electronically on-line at WWW.CIPLIST.COM Contractor's License: A, B or C-20 Air Conditioning/C-4 Boiler Requests for technical information or clarification shall be directed to the City's representative, Chris O'Keefe cokeefe @foJ om.ca .u (916) 461-6684.

City affirmatively identifies this project as a "public work" as that term is defined by Labor Code Section I 720, and the project is, therefore, subject to prevailing wages under Labor Code Section 1771.

Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public 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 the job site and prohibitions against discrimination. The prevailing rates so determined are on file with the City Clerk and they are available for public inspection. They may also be obtained on the internet at http ://ww .dir .ca.gov/d lsr/DPreWageDeterminat ion.htm . Those prevailing wage rates hereby are incorporated in this Contract and made a part hereof. (See General Provisions, Article 6, Section 6.01)
As of March I, 2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
https ://efiling.dir.ca .gov/PWCR/ActionServlet?action =displavPW RegistrationForrn April 2022 1 Notice to Contractors

07/26/2022 Item No.7.

Pursuant to California Public Contracts Code, any contract awarded pursuant to this invitation for bid shalJ include a provision permitting the substitution of securities for any moneys withheld to ensure performance under the contract. The terms of such provisions shalJ be according to the requirements of the Public Contracts Code Section 22300.

Each bid must be accompanied by security consisting only of cash, California Bank Cashier's Check, Certified Check, California Bank Money Order, or bid bond made payable to the "City of Folsom" in the sum often percent (10%) of the sum of the proposal.

The Contract will be awarded to the lowest r~ponsiye responsib le Bidder based on any combination of Base Bid and Alternates as determined by the City. This process is conducted by the City in a "blind selection" format, i.e., without knowledge of the identity of any of the Bidders before ranking of all Bidders from lowest to highest has been determined. All awards will be made in the City's best interest.

The right to reject any and all bids or waive any informality in any bid received is reserved by the City Council.

April 2022 2
Lorraine Poggione
Parks and Recreation Director
Notice to Contractors

07/26/2022 Item No.7.

EXHIBIT D

PROJECT OVERVIEW

1. PROJECT DESCRIPTION
The CLty of Folsom is conducting a formal Request for Proposals (RFP) to provide design-build services for the replacement of two (2) Lochinvar natural gas boilers (BOILERS) and the Heating Ventilation and Air Conditioning (HVAC) equipment and systems at the Folsom City Hall, 50 Natoma Street, Folsom, CA. The contractor shall work with the City of Folsom facilities and local utilities to determine if rebates are available for this project, and to identify replacement boilers that meet the performance criteria called for in the rebate program.

The General / Prime / Contractor I Lead Entity allowed to participate in the RFP process must meet and provide the minimum license requirements as follows:

1. Current and good standing Business License

2. Proof of a valid A, B, or C-20 License for HV AC and electrical work.

Compliance: All service(s) rendered shall be in compliance with all applicable federal, state, local, and OSHA regulations. The selected Contractor shall possess any, or all, required licenses required to perform the requested service.

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.

Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public 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 the job site and prohibitions against discrimination. The prevailing rates so determined are on file with the City Clerk and they are available for public inspection. They may also be obtained on the internet at http://www.dir.ca .gov/dlsr/DPreWageDetermination.htm . Those prevailing wage rates hereby are incorporated in this Contract and made a part hereof. (See General Provisions, Article 6, Section 6.01)
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
https://efi I ing.d ir.ca.gov/ PW CR/ Action erv let?action =d isp layPWCRegi tration Form Pursuant to California Public Contracts Code, any contract awarded pursuant to this invitation for bid shall include a provision permitting the substitution of securities for any moneys withheld to ensure performance under the contract. The terms of such provisions shall be according to the requirements of the Public Contracts Code Section 22300.

Each bid must be accompanied by security consisting only of cash, California Bank Cashier's Check, Certified Check, California Bank Money Order, or bid bond made payable to the "City of Folsom" in the sum often percent (10%) of the sum of the proposal.

07/26/2022 Item No.7.

The right to reject any and all bids, or waive any informality in any bid received is reserved by the City Council.

2. PROJECT LOCATION

BOILERS
The two (2) Lochinvar natural gas boilers and associated equipment to be replaced are located on the 2nd Floor Mechanical Room of the Folsom City Hall building. Access to the Utility Room is through the City Council Chambers, up two flights of stairs, and across two landings. Access to the Utility Room can also be accomplished by way of a door on the roof. Please see Mechanical Room Location Map in Appendix A.

HVAC
The HVAC units are located on the roof of the Folsom City Hall building. Access to the roof is through the Council Chamber, up two flights of stairs, and across two landings. The roof is accessed through a door in the Mechanical Room. Please see the HV AC Location Map in Appendix B.

3. PROPO AL REQUIREMENTS
Sealed Proposals will be received by the City Clerk's Office for the City of Folsom at 50 Natoma Street, Folsom, California, 95630, up to the hour of 2:00 P.M. on Tuesday May 3, 2022 for the design-build removal and replacement of gas boilers and HV AC system.

The City of Folsom is seeking qualified contractors for design build work relating to the removal and replacement of gas boilers and HV AC equipment and fixtures, control systems, electrical upgrades and improvements. The contractor is expected to prepare all documents, and provide and install all equipment described in the scope of work.

4. SCOPE OF WORK - DESIGN-BUILD SERVICES FOR THE BOILER

REPLACEMENT
A. Project Start-up Phase

1. Project Coordination & Mobilization (NTE 5%)
B. Design Phase
The Design-build Contractor shall provide all the necessary engineering, material procurement, labor, materials, tools, equipment, supplies, services, components, and disposal, and comply with the contract's General Conditions to successfully complete the replacement of existing Boiler units to the satisfaction of the City of Folsom.

1. Provide mechanical schematic design drawings for new and modified equipment, including Title 24 compliance documentation.

2. Secure all necessary electrical and mechanical permits, and/or demonstrate proof that quality and standards meets or exceeds Folsom Municipal Code requirements. Obtain No Fee Permit through the City of Folsom Building Department.

3. Determine if the project is eligible for utility rebates and assist City of Folsom staff in preparing rebate submittal if rebates are available.
2

07/26/2022 Item No.7.

C. Construction Phase

1. Disconnect, remove, and legally dispose of offsite the following:
a. Two (2) existing Lochinvar PBN0750 boilers.
b. Demo existing flue vent, old hot water piping, and gas piping as required to facilitate the installation of the new equipment.

2. Provide and install two (2) new boilers (Lochinvar FTXL 97.3% or equivalent) a. Provide new flue vent
b. Provide new circuits and disconnects
c. Provide new drain pan
d. Provide new pump
e. Connect new equipment to existing system
f. New boilers and pumps to existing HW system
g. New boilers to existing gas piping
h. Complete Installation of New Equipment
i. Insulate new HWS/HWR piping
j. Provide pipe identification
D. Project Close-out Phase
a. Test new equipment to confirm functionality
b. Start-up and leak check
c. Clean-up of project site
d. Approval from City on installation
e. Owner training

5. SCOPE OF WORK

REPLACEMENT

1. Project Start-Up Phase

DESIGN-BUILD SERVICES FOR THE HV AC

1. Project Coordination & Mobilization (NTE 5%)

2. Design Phase
The Design-build Contractor shall provide all the necessary engineering, material procurement, labor, materials, tools, equipment, supplies, services, components, and disposal, and comply with the contract's General Conditions to successfully complete the replacement of existing HVAC units to the satisfaction of the City of Folsom.

The work includes, but shall not be limited to the following:
l. After the work is awarded, the contractor shall conduct a Site Survey and gather all the information required to proceed with the engineering, based on the agreed Scope of Work (SOW). The contractor shall report any discrepancies or necessary changes to the SOW.

2. After the Site Survey, the contractor shall design a functioning system based on the agreed SOW. The contractor will prepare engineering drawings using AutoCAD format.

These drawings are to be available in electronic format; any additional drawings required for the design package shall be created by the contractor. 3

07/26/2022 Item No.7.

3. Upon review and approval of the design and all related submittals , the contractor will then proceed with the permitting , material procurement , and construction phase of the project.

4. The contractor's design drawings shall include, but not be limited to:
a. Schedule of equipment showing capacities , models, weights, and accessories. b. All proposed equipment shown on dimensioned drawings. c. Any details and sections that are required to clearly indicate the installation. d. Method of connecting to the facility .
e. Any variances or modifications from the City's scope of work.

5. Design Submittal Requirements
The Design-Build Contractor shall obtain all required approvals and permits prior to proceeding with the installation of the work in this SOW . The Design-Build Contractor is responsible for the review of electrical specifications , equipment performance specifications and related design criteria prior to the purchase of equipment, materials , and installation of work. The Design-Build Contractor shall submit the following information considered as the Design Submittal:

Provide engineering drawings and material submittals with equipment type, manufacturer , model , EER Rating, options , quantity; cut sheets, and product warranties (submitted within 10 days from the Notice to Proceed).

C. Construction Phase
General Description of Requirements
HVAC Equipment
• Demolish existing HVAC units in accordance with all equipment defined in Attachment B.
• Contractor shall be responsible to haul all demolished units and ancillary equipment offsite.
• Procure, install, and commission new high efficiency units. Equipment shall meet or exceed efficiency requirements as outlined by prevailing Title 24 Standards & Regulations.
• Unit weight shall not exceed 5% above existing HVAC unit weight .

Electrical
• Disconnect and demo existing electrical connections and disconnect switches . • Install new disconnect switches and conduit to the new units .

Plumbing
• Demo existing hydronic ball valves, control valves, and strainers as needed . • Furnish, install, and commission new ball valves, control valves, and strainers . 4

07/26/2022 Item No.7.
• Demo existing condensate drains and traps .
• Install new condensate drains and traps .
• Pressure test piping .
• Furnish NEBB Certified Report if necessary .

Ducting and Air Distribution
• Re-use existing ductwork
• Evaluate existing VAV system to determine if it can be re-used .

Controls
• Install smoke detector and connect to existing fire alarm systems . • Install new thermostats
• Evaluate the feasibility of installing occupancy sensors . • Replace existing Trane control system with non-proprietary control system . • Furnish as-built control diagrams, label control wiring, sensors, and cabinets . • Integrate new HVAC equipment into the new control system Commissioning
• Commission equipment and controls .
• Document and submit Commissioning Log for all equipment as outlined in the sow.

D. Project Close-out Phase

1. Test new equipment to confirm functionality

2. Start-up and leak check

3. Clean-up of project site

4. Approval from City on installation

5. Owner training

6. Close-Out Documents
a. List of Manufacturers with contact information and parts reordering information for all products installed.
b. As-built drawings of HVAC unit replacements and thermostat installations. c. Commissioning checklist for each HV AC unit as outlined in Attachment C.

6. General Requirements
A. The Scope of Work is provided to the Design-Build Contractor for information purposes only. Design-Build Contractor assumes all the responsibility for site verification of equipment for replacement with high-efficiency units, controls, and other items required to successfully complete the Boiler and HV AC replacements, and meet the necessary building and safety codes.

B. Design-Build Contractor shall become familiar with details of work in the field and shall advise City of Folsom Project Manager of any discrepancy prior to performing any tasks, including but not limited to existing and proposed equipment quantities, building and area locations, etc. The Design-Build Contractor shall thoroughly investigate and satisfy itself of the conditions affecting the work prior to construction start. 5

07/26/2022 Item No.7.

C. The selected contractor will be required to work closely with the designated Project Manager for the City of Folsom. The Contractor shall identify an individual who will serve as the key contact person and to specify other staff who will perform various tasks.

D. Required information to be included in response to this RFP:

I. Cover letter: signed by an individual authorized to make commitments on behalf of the design-build contractor/team.

2. Statement of Project Understanding: Provide a description of the design-build contractor/team's understanding of the project, describing both the design process as well as the construction (build) process of the project. This may be iQoluded as part of the Cover Letter.

3. Relevant Experience: Provide design-build contractor/team's qualifications and specific project related experience.

4. Cost Proposal: Provide a cost proposal, indicating breakdowns per task as identified in the Proposal Form.

6. The successful contractor shall be required to sign the Con truction Agreement for Design Build shown in Exhibit A of this RFP.
7 Instructions for Submitting Proposals
Three (3) copies of the requested information should be delivered to the following address not later than 2:00 PM on Tuesday, May 3, 2022:

City of Folsom, City Clerk's Office
Attn: Chris O'Keefe, Facilities Maintenance Supervisor
50 Natoma Street
Folsom, Ca 95630
All requests for clarification must be received no later than April 25, 2022 at 5:00 PM and must be sent via email to the contact provided below or by mail to the address sited above. Requests for clarification submitted after this date will not be responded to. Responses to requests for clarification will be posted and distributed as an addendum to this RFP and will be posted on the City website, CIPlist.com, and any other venue used by the City for posting this RFP. Requests for clarification should be sent to:

Chris O'Keefe, Facilities Maintenance Supervisor
Email: [email protected]
Phone: 916-461-66 84
Contractor must submit a signed copy of the addendum (if any) with their response as acknowledgement of receiving the additional information.

The City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code section 6250, et seq.), unless City identifies and exercises a right or obligation to exempt any record from public disclosure. If a contractor believes that any portion of its proposal is subject to a legal exception to public disclosure, they must clearly 6

07/26/2022 Item No.7.
mark the relevant portions of their proposal as "Confidential" and identify the legal basis for exemption from disclosure under the Public Record Act. The City Attorney 's office will determine if the information is in fact confidential, based on state and federal law. Note that un_der California law, a price proposal to a public agency is not a trade secret. Contractor shall defend , indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the "Confidential" portion of the proposal.
8 Proposal Selection Process and Criteria
The criteria that will be considered in the evaluation of proposals is summarized below. The City's final election will not be dictat ed on any single criteria, including price . The relative importanc e of the criteria invo lves jud gme nt on the part of the City 's select ion committee and will include both objective and subjective analysis. A contractor may be eliminated from consideration for failure to comply with any of the requiremen ts, depending upon the critical nature of such requirements.

Proposals will be evaluated using the following criteria:

I
Project Understanding
Relevan t Experience
Cost
Total Possible Points
30 Points
30 Points
40 Points
100 Points
The above selection criteria are provided to assist the proposer and are not meant to limit other considerations , which may become apparent during the course of the selection process.

The City reserves the right to reject any and all proposals. Elements and/or tasks may be added or deleted at the discretion of the City pending negotiation of the scope of work and compensation.

The Design-Build Contractor /team selected to perform the work will be required to complete the City of Folsom Constructi on Arrreement for Design Build (Attachment A) and must meet the insurance requirements stated therein.
9 Rights Reserved by the City of Folsom
The City reserves the right to waive informalities in proposals. The City is not obligated to award all tasks of the proposal selected but may award any combination of tasks best suited for completion of the project as the City envisions it. Elements and/or tasks may be added or deleted at the discretion of the City pending negotiation of the scope of work and compensation. 10 Folsom City Hall Existing HVAC Schedule
Unit Carrier Model # CFM Power Seer
AC 1 S0DK084 35,000 460V 9.3
AC 2 48DJD024 6,200 460V 9.4
AC3 S0DK034 12,000 460V 9.3
7

07/26/2022 Item No.7.
11 I SODK034 12,000 460V
Folsom City Hall Existing HV AC Control System
Trane Tracer Summit Version 17
12 Folsom City Hall Existing Variable Air Volume

1. Titus AESV 3000

2. 30 Cooling Only VA V Boxes

3. 45 Reheat VA V Boxes
8 9.4

07/26/2022 Item No.7.

Exhibit E

CONSTRUCTION AGREEMENT

FOR DESIGN-BUILD SERVICES
THIS AGREEMENT, dated for identification as of
municipal corporation, (hereinafter called "City"), and , 20 , is between the CITY OF FOLSOM, a
, (hereinafter called "Contractor").

The parties hereto mutually agree to the terms and condition set forth herein .

1. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents.

B. The Contract Documents shall include the Notice to Contractors, the completed Proposal Form submitted by Contractor, this Agreement, the Bid Bond, the Performance Bond, the Payment Bond, the Standard Construction Specifications, the General Provisions, the Special Provisions, Exhibits, the Contract Drawings and Plans, the Technical Specifications, any project-specific specifications or documents , all duly issued Addenda , Interpretations , Field Instructions, Written Directives , Supplemental Drawings , the Contractor 's Guarantee and Bond, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders.

C. The Standard Specifications shall mean and refer to the current Standard Construction Specifications of the City of Folsom, which are incorporated herein by this reference as if set forth herein .

2. AGREEMENT CONTROLS
In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. Unless otherwise specifically provided herein, all works and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.

3. SCOPE OF CONTRACT
Contractor Name
Project
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of City, all the work called for , and in the manner designated in, and in strict conformity with the Project entitled:
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07/26/2022 Item No.7.

4. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, DOLLARS($ ) as the stipulated sum price which Contractor bid in his Proposal Form.

5. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the Standard Specifications .

6. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract, City is authorized to charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay City's charges against him, City shall have the right to recover the balance from Contractor or his sureties.

7. TIME OF COMPLETION
A. The entire work shall be brought to completion in the manner and within the time period provided for in the Contract Documents, commencing on the date of issuance of the Notice to Proceed.

B. Failure to complete the entire work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.

8. INSURANCE
Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the Contract Documents, including, but not limited to, Exhibit A, attached hereto and incorporated herein by reference.

9. NO WAIVER OF REMEDIES
A. Neither the inspection by City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by City, nor any extensions of time, nor any position taken by City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach. ·
B. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and City shall have any and all equitable and legal remedies which it would in any case have.

10. DETERMINATION OF DAMAGES
A. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions and, it is impracticable and extremely difficult to fix the actual damages. Damages which City would suffer in the event of delay include loss of the use of the project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City of Folsom by reasons of the delay in the completion of the project to serve the public at the earliest possible time.

B. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he understands, has ascertained and agrees, that the amounts set forth herein Contractor Name
Project
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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 AND 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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07/26/2022 Item No.7.

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.

B. 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.

B.

C.

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.

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 .

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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07/26/2022 Item No.7.

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 permanent, 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.

8. The City will administer its authority through a duly designated representative identified at the pre­ construction 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 Contractor'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 completing 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 Contractor Name
Project
6

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 adjustments 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 agreement of the City, the Contractor, and the Architect or Consulting Engineer upon all of the following:

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 constitutes 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 DIRECTIVE/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 A1 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 81, 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
8

07/26/2022 Item No.7.
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 such 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 contracts 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 equipment 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. The City may terminate the Contract, pursuant to the provisions of this Article, for the following Contractor Name
Project
10

07/26/2022 Item No.7.
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 Representat ive, Architect, Consulting Engineer or the City .

The Contractor fails to abide by a Stop Work Notice or fails 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 Contractor Name
Project
11

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

B. 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.

C. 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
12

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 indemnified 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 reserved to City and 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 Contractor that any such person or entity, other than City and Contractor, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary. 13

07/26/2022 Item No.7.

35. 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.

8. 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. Enforceability: 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
Contractor Name
Project
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. 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 I.D. 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($) ON BEHALF OF CONSUL TANT MUST BE NOTARIZED.

A certificate of acknowledgment in accordance with the provisions of California Civil 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 F

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 harmless the CITY, its officers and agents, as stipulated in said Contract Documents , then this obligation shall become null 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 shall 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 bidder, 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-builder, 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 Project 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.

Exhibit G

GUARANTEE FORM
----------- - - hereby unconditionally guarantees that the Work performed for the (Folsom City Hall Boiler & HV AC 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 fonnal 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 will commence and prosecute with due diligence all 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 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 any way limiting or reducing the City of Folsom'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 of Folsom's rights on such contract.

CONTRACTOR'S SIGNATURE

PRINT NAME
January 2022 2 Guarantee

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

TABLE OF CONTENTS

1. Cover Letter

2. Statement of Project Understanding

3. Relevant Experience

4. Cost Proposal

5. Bid Bond

6. Certificate of Authorization

7. Sub-Bidder Form

8. Non-Collusion Affidavit

9. Workers Compensation Insurance Certification

10. Resolution of Disputes Regarding the Bidding Process

11. ACCO General Capabilities Brochure
•
engineered
systems

07/26/2022 Item No.7.

May 3, 2022
City of Folsom,
50 Natoma St
Folsom, CA 95630
Attn.: Chris O'Keefe
•
engineered
systems
Mechanical Services
916 / 520-2100 Voice
800 / 598-2226 Service
916 / 520-2150 Fax
9290 Beatty Drive
Sacramento, CA
95826-9702
Reference: Folsom City Hall Boiler & HV AC Replacement Design-Build Project Location: 50 Natoma St, Folsom CA
ACCO Engineered Systems is pleased to provide you with our proposal to provide design build labor, materials with tax and equipment for the HV AC systems at the aforementioned building. Our Scope is based on RFP Documents provided. The sequence of installation will be driven by equipment availability and approval from the city. The HV AC portion will be performed in two phases executing two units at a time. From safe off to commissioning, units will be down less than 48 hrs. Boilers will be done together and be down approximately 1-2 weeks. This will be performed during summer months as not to affect building heating. The controls portion will be installed prior to commissioning and integrated with a onetime cut over. Per Project Manual two year warranty will be provided as well as onsite training for controls and new equipment. Additionally the controls system selected is open protocol non-proprietary allowing multiple distribution channels and support options by the city for long term support per request.

As added value ACCO has included (2) alternate proposals. For alternate proposal #1, ACCO will include reheat valves parts and labor. In alternate proposal #2, ACCO and Sunbelt will provide a preventative maintenance on all equipment installed for two years during warranty period.

Our proposal is based on:
• Project Manual provided
Lead Times:
• RTU current lead time 20-25 Weeks
• Boiler Current lead time 10-12 Weeks
• Control 10-12 Weeks
Desi

1. Kick off meeting, establish schedule and points of contact.

2. Joint site visit with engineering (mechanical, electrical, structural), and controls to validate Established 1934
license# 120696

07/26/2022 Item No.7.

Cover Letter
May 3, 2022
Chris O'Keefe, Facilities Maintenance Supervisor
City of Folsom - City Clerk's Office
50 Natoma Street, Folsom, CA 95630
RE: City of Folsom City Hall Boiler & HVAC Replacement Design-Build Project Dear Chris,
•
engineered
systems
We appreciate the opportunity to propose on the City Hall Boiler & HVAC Replacement Design-Build project. We have used the Project Manual, site visit information, and our vast experience in delivering similar projects to assemble this bid.

ACCO is a design-build contractor who's focus is owner direct, turn-key solutions with long term support. The first way we intend to bring value is through our cradle through the grave project management approach. ACCO's dedicated Project Manager will remain involved from developing the scope to estimating, construction management, closeout, warranty calls, long term support, and everything in between. For this project, Stephen Alwan will be your dedicated Project Manager. Stephen has vast experience in successfully completing many public sector projects throughout Northern California of similar scope.

In our branch we have in-house engineering for both wet and dry side mechanical, piping fabrication, sheet metal fabrication, and a robust dedicated service department with over 50 service technicians in the field. With extensive public sector project and service experience we have executed a multitude of design build retrofit work which you highlighted in our relevant experience section of this bid package.

Once again, we appreciate this opportunity. If you have any questions, please do not hesitate to reach out to me.

Sincerely,
resident - Facility Services Group
Stephen Alwan, Project Manager
1 of2

07/26/2022 Item No.7.

Construction Phase 1 HV AC a
•
engineered
systems

1. Safe off disconnect electrical, gas, condensate, control wire AC1 & AC2.

2. Demo and dispose duct work to wall AC2.

3. Demo and dispose per EPA standards ACl & AC2

4. Furnish and :install new ductwork for AC2 from unit to wall.

5. Furnish and :install new curb adapters.

6. Furnish and install new Carrier units.

7. Structural anchorage eng:ineered and :included.

8. Furnish and :install new disconnects, and seal tight from roof penetration to unit.

9. Furnish and install new condensates copper pip:ing to existing roof dra:ins.

10. Furnish and :install new flex and drip leg for gas piping on AC2. onstruction Phase 2 HV AC a

1. Safe off disconnect electrical, condensate, control wire AC3 & AC4.

2. Demo and dispose per EPA standards AC3 & AC4.

3. Furnish and install new curb adapters.

4. Furnish and install new Carrier units.

5. Structural anchorage eng:ineered and included.

6. Furnish and :install new disconnects, and seal tight from roof penetration to unit.

7. Furnish and :install new condensates copper piping to existing roof dra:ins.

07/26/2022 Item No.7.

Con$truction Phase Boilers a roximatel 2 weeks:

1. Safe off disconnect boilers electrical, water, flue.

2. Demo and dispose per EPA standards off site.

3. Furnish and install new drain pan.
•
engineered
systems

4. Furnish and install two new Lochinvar FTX-75 Boilers. Boilers will be connected and programed to lead lag.

5. Structural anchorage engineered and included.

6. Furnish new gauges, valves, strainers, neutralizer kits.

7. New manufacturer specified and approved stainless steel flue pipe. Pipe to follow existing path and penetrations. Flue mounts and anchorage included.

8. Furnish and install two new Heat Hot Water pumps matching plans performance.

Infrastructure:
ontrols Scope
8-12Weeks

1. All existing raceways, gutters, and panels shall be used; provide and install raceways, and supports as needed.

2. All existing BMS panel and VA V 24vac transformers shall be used.

3. Provide and install new Bacnet MS/TP Communication cabling to all new proposed DDC devices.

4. Provide and install new Bacnet MS/TP Communication cabling to the new AHU /RTU equipment.

5. Provide and install (1) Work station and (1) building level router.

6. Provide new DDC system licensing at the current revisions including all software patches, and update.

V aiiable Air Volume AV Terminal Units· Hai:dwired Control:

1. 11 existing wall penetration raceways, and floor riser raceways shall be reused.

2. Provide and install new communication cable to new room temp sensors, with set point adjust, local override, and LCD.

3. Provide and install (75ea) terminal unit controller's integral damper actuators, and velocity DP transducer.

4. Provide and install (75ea) zone temp sensors, with set point adjust, local override, and LCD.

5. Provide and install (45ea) plenum discharge air temp sensor, zone sensor, and hot water valve. o Provide 10% of the zone sensors with CO2 feature.

6. Reuse all Terminate Unit Hot Water Valves.

7. Provide VAV single zone with hot water reheat vav programming with setpoint adjust(+ /-2F).

8. Provide VA V single zone CO2 minimum CFM reset programming for areas requiring demand control ventilation.

9. Provide new VAV zone graphic to reflect new equipment controls with the following operator graphical control:

07/26/2022 Item No.7.
o Cooling and heating set point adjust, CFM setpoint adjust, Dam.per position override, Zone occupancy override.

10. Provide scheduling, alarming and trending of critical points. •
engineered
systems

11. Provide VAV CFM 4-Point calibration for (75) terminal units at the DP inlet Velocity port. o Custom.er shall provide mechanical VA V schedule with designated CFM values. o Hood Anemometer measuring register outlet IS EXCLUDED.

12. Provide 4-Point calibration documentation for measured results.

AHU Programming Optimization:

1. All new proposed AHU/RTU shall be controlled by Integration ONLY; all hardwired I/O controls are excluded.

2. All equipment shall be provided with manufacturer supplies, installed, and configured Bacnet MS/TP communication.

3. Provide integration operational programming with terminal zone feedback for servicing AHU reset strategies:
o Schedule Occupancy
o Supply Air Temperature Setpoint Reset
o Supply Duct Pressure Setpoint Reset

4. Provide new AHU /RTU equipment graphic to reflect the available integration points.

5. Provide point trending, and alarming.

6. Provide startup and functional testing support.

Hot Water System:

1. Re-use the existing DDC panel and 24vac power transformer inside the boiler room.

2. Provide and install (1) Controller with I/O to cover the proposed point plus 10% spare and output HOA.

3. Provide and install the following field components and wire to the Distech controller as shown per M401:
o (1) outdoor air temperature sensor
o (2) boiler start/ stop output relays
o (2) boiler status dry contact inputs
o (1) hot water supply immersion temperature sensor and well o (1) hot water return immersion temperature sensor and well o (2) pump start/ stop output relay
o (2) pump CT status input

4. Reuse the existing hot water valve/ actuator assembly. o (1) hot water valve modulating output

5. Provide system supply water setpoint sequence of operation with lead/ standby boiler staging's programm.ing.

6. Provide hot water system setpoint write capabilities.

7. Provide hot water system graphics to reflect the proposed points.

8. Provide hot water system. trending and alarming.

9. Provide startup and functional testing support.

B-1, B-2: Integration Monitoring and onh:ol

1. Provide and install new Bacnet MS/TP cabling to each boiler communication card.

2. Provide Bacnet integration program for the following features:

07/26/2022 Item No.7.
o each boiler available display/ status points for monitoring o each boiler supply water writable setpoint

3. Provide equipment graphic for each boiler .

A engineered
- systems
Site Graphics:

1. Provide new site graphical user interface navigation.

2. Provide new first floorplan overview to reflect current wall layout and zoning.

3. Provide new second floorplan overview to reflect current wall layout and zoning

4. Provide new Rooftop floorplan overview to reflect current wall layout and zoning.

5. Each floorplan overview shall have hyper link to serving AHU /RTU / terminal zone equipment.

Control Drawing:

C

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

2. Provide (2) 17x11 hardcopy As-Build Control Drawing follow project completion.

3. Drawings shall include network riser, network subnet riser, vav unit drawing, and VA V cfm setpoint schedule.

4. Create a database backup following project completion and move to customer designate location.
· ns and Exclusions:
wmng IS assume to em plenum cable in accessible ceilings, EMT in all exposed areas.

3. All work shall be performed during normal hours, Monday through Friday.

4. All VA Vs are assumed to have existing operational differential pressure /velocity pressure VA V inlet measurement for CFM calibration; additional components and labor for CFM monitoring are subject to change order.

5. All existing 120 volt power shall be extended to new BMS panel; requires de-energized lockout­ tag-out for cut-over.

6. Customer shall provide all cooling min/ max cfm, and heating min/ max cfm setpoint per existing building design.

7. Customer shall provide mechanical sheet for dm calibration dependent duct sizing, vav inlet sizing, and register count data.

8. All areas of work shall be cleaned daily at shift end, and store e-waste for consolidated removal.

9. All items, equipment, accessories (etc.) not stated within are excluded.

10. All fire system, smoke damper(s) control and monitoring are excluded.

11. All quantity deficiencies in comparison to scope quantities are excluded and subject to change order.

12. All wall painting and patching are excluded.

13. Any existing device, programs, software configurations, actuators, etc. to be reused is assume to be in good working operation; repair and replacements are excluded.

07/26/2022 Item No.7.

ASSUMPTIONS and CLARIFICATIONS:

A engineered
'-ii' systems

1. At completion of the project an onsite training day will be provided by ACCO and Sunbelt on the new equipment and controls installed.

2. 100% Payment and Performance Bonds are included in pricing.

3. All equipment selections based on existing equipment and plans provided. High efficiency options or rebates are not available for all items. After engineering is completed all high efficiency options will be presented if any to qualify for rebates.

4. This proposal is to be incorporated into the contract. The proposal is based on mutually acceptable schedules, terms & conditions. Any terms and conditions stated herein supersede any other contract statements or wording which may conflict.

5. Any structural improvements, blocking, leveling not included and done by others.

6. Additional engineering mechanical, structural etc. not included unless stated in scope.

7. This proposal is based on the assumption that unobstructed access to the work areas will be provided to ACCO and its subcontractors.

8. ACCO assumes that the existing system and its components to be re-used (HV AC, piping, electrical, roofing, ductwork, etc.) are in proper operating condition. ACCO cannot warrant the performance of existing equipment and systems.

9. Multiple startups at different intervals will be at an added cost. Early start-up during construction is not recommended and may void the warranty of the equipment.

10. In the absence of the reliable as-built drawings as well as limited space access and time allotted for the bid preparation, ACCO has made certain design engineering and estimating assumptions for all work prior to final engineering and construction process. Though unanticipated, there may be some changes to the scope of work based on the unknown at this time, pre-existing conditions and system components sizing. Should they arise, a fair and equitable solution will be agreed to between the Customer and ACCO.

11. Installation of rooftop units is to be reviewed with the Structural Engineer.

12. If requested, ACCO will be replacing the existing outdated HV AC units with new in-kind equipment of equal capacity. These direct like-for-like replacements are based on the assumption that the original units have been sized properly for the local weather conditions, current occupancy levels, and current building use. Unless specifically requested, it is not ACCO' intent to re-design or to modify these systems.

EXCLUSIONS:

1. Electrical upgrades, its assumed existing electrical can support new units per code.

2. Any Painting required done by others.

3. Acoustical engineering and noise reduction provisions, Structural, Electrical & Civil Engineering; building permits, project bonding.

4. Fire sprinklers, Fire override control, Smoke Detector monitoring or fire life safety controls.

5. Concrete, sheet rock, wood and tile cutting & patching, any sheet rock & concrete work; framing; carpentry; roofing; painting; floors or ceilings, soffits or shafts for ductwork, piping, HV AC units and appliances; roof screens.

6. Duct cleaning, air balance or comfort balance.

7. Overtime labor.

8. Any and all items not specified in this scope and not shown on the mentioned above plans.

07/26/2022 Item No.7.
~, 1 engineered
"'-' systems
Auburn Jail Boiler
Replacements
2775 Richardson Blvd,
Auburn, CA 95603
OWNER:

Placer County
ARCHITECT:

MFDB Architects, Inc.

GENERAL CONTRACTOR:

ACCO Engineered Systems, Inc.

MECHANICAL/PLUMBING ENGINEER:

Capital Engineering Consultants, Inc.

WHAT ACCO DELIVERED
This was a design build project for ACCO which required work in separate room in a facility with tight security requirements .

ACCO poured a new housekeeping pad 7'X8'-3"X3 ½"in Room 1 and extended the existing pad in Room 3, excavated, trenched, and connected to (E) waste line, furnished and installed (2) new boilers 400 MBH stacked and (2) 750 MBH boilers, furnished and installed (3) new 752 gallon storage tank and anchored it, furnished and installed pumps with all trim in piping details, furnished and installed new flue pipe through wall and sealed penetrations, tied into hot water supply and return and extended to new location, tied into existing gas line and ran to new location, ran new power circuit to boilers and pumps, performed factory start up and provided start up reports, provided insulation of all new pipe with labels ident ifying flow and direction, demoed existing boiler tank and piping and disposed, demo existing housekeeping pad and poured back to grade, and replaced fire insulation.

07/26/2022 Item No.7.
•
engineered systems ·
Claybank HVAC /
Controls Upgrade
2500 Claybank Road,
Fairfield, CA 94533
OWNER:

County of Solano
ARCHITECT:

Staton Engineering
GENERAL CONTRACTOR:

ACCO Engineered Systems, Inc.

WHAT ACCO DELIVERED
This project was fast paced with several hurdles ACCO is no stranger to such as the presence of lead at the project site as well as security requirements and constraints due to the site being a detention facility . We made sure to accomplish the work without undue interference with detention facility operations. ACCO was required to follow all security procedures put forth by the Solano County Sheriff's Office as well as participate in frequent status meetings to review and monitor the adherence to the security procedures.

Our scope of work included removing and replacing (5) existing rooftop air handlers, pre-read of all units, duct sealing, truck joint repairs, controls, balance, and piping. It was critical that (1) unit was only down for a maximum of 24 hours in ensure minimal disruption to facility operations .

The successful completion of this project was due in no small measure to ACCO's considerable resources from the initial coordination to the daily turn-around . This project is another example of hard work and team effort .

07/26/2022 Item No.7.
•
engineered
systems
Yuba County Health
& Human Serivces
Marysville, CA
OWNER:

Yuba County
GENERAL CONTRACTOR:

ACCO Engineered Systems, Inc.

WHAT ACCO DELIVERED
ACCO commenced this project in February of 2020. Being that this building was occupied and was one that provided services to the public, ACCO was to able and willing to perform this work after business hours and on the weekend .

Our work included removing the existing AC units and furnishing and installing (1) 115 ton & (1) 100 ton Petra DX Cooling Box Car unit. We ensured that these units would have redundancy in case one half failed, the other half would run. The overall tonnage of the units were split.

ACCO discovered the existing condensate lines were not correctly installed or trapped to allow condensation to properly flow into the approved existing receptacle, and we quickly worked to provide a new condensate drain line to allow for proper operation in line with OEM and California Plumbing Code requirements.

We furnished and installed new curb adapters , connected the the existing ductwork, provided controls integration to the existing system.

Our team detailed and fabricated custom sheetmetal ductwork adapting to the existing curbs and detailed and fabricated new sheetmetal flashing for the new units.

After completion , we performed start-up to ensure the units were properly operating as well as provided title 24 testing . After the start-up process, we provided training to the owner .

07/26/2022 Item No.7.

Project Contact:

Dan Slifer
[email protected]
530-889-6801
a.,
1 engineered '-iii' systems .__ __
Placer County Bill
Santucci Justice
Center Boiler & Pump
Replacement
10820 Justice Center Drive,
Roseville, CA
OWNER:

Placer County
ARCHITECT:

MFDB Architects, Inc.

GENERAL CONTRACTOR:

ACCO Engineered Systems, Inc.

WHAT ACCO DELIVERED
This project was fast paced which ACCO is no stranger to .. We made sure to accomplish the work without undue interference.

Our scope of work included removing and demolishing the existing Laars boiler, furnishing and installing (1) new Lochinvar boiler, (1) pump, (1) expansion tank, (1) wax valve, and (1) secondary pump .

We set the new boiler on the existing stand and reconnected the piping and tied into existing controls system. We provided chemicals on the hot water loop and then performed startup and testing of the new boilers and pumps.

The successful completion of this project was due in no small measure to ACCO's considerable resources from the initial coordination to the daily turn-around. This project is another example of hard work and team effort.

07/26/2022 Item No.7.
•
engineered systems
Solano County
Library - Fairfield
1150 Kentucky Street,
Fairfield, CA 94533
OWNER:

Solano County
ARCHITECT:

Stanton Engineering
MECHANICAL CONTRACTOR:

ACCO Engineered Systems, Inc.

WHAT ACCO DELIVERED
After our submittals were approved and we procured the
equipment, ACCO proceeded with Phase 1 of the project which included pre-reading the equipment, rebuilding the existing air handler, installing the ductless split system in the IT Room, installed VAV and exhaust fans, started the controls system installation, duct work modifications, site work such as excavation, and air balance.

For Phase 2 of the project we removed and replaced the chiller & boiler, had electrical installed for new plant, and continued with the controls work.

Phase 3 was our final stage which included start-up, test, adjust, and balancing, as well as on-site training.

We subcontracted Garratt Callahan to passivate and treat the evaporative condenser and hot chiller loops plus start-up and service, and we subcontracted Sunbelt Controls to install the controls for the chiller, pumps, and boiler . For the electrical work we subcontracted Schetter Electric.

07/26/2022 Item No.7.

Resume
Stephen Alwan - ACCOUNT MANAGER
Experience I Education
2015-Present
2000-2015
1999-2002
1999-2000
Executive Summary
ACCO Engineered Systems, Sacramento, California
Account Manager
IN-N-Out Burger, Sacramento, California
Facility Manager 37 locations
Sacramento City College , Sacramento, California
Mechanical Electrical Technology
High Tech Mechanical, Newcastle, California
Service Technician
•
engineered
systems
An Auburn local with nearly 20 years of relevant industry and technical experience, Stephen has successfully implemented complex maintenance programs for clients throughout the West Coast.

Stephen works with his team to understand the unique needs of his customers and drive concept to successful completion with his strategic project management expertise.

Project Experience
Placer County , Auburn, California
Description: Account Manager, Multi site preventative maintenance 1.5 million square feet, controls, and projects Farmers & Merchants Bank, Lodi, California
Description: Account Manager Multi site preventative maintenance.controls, and projects Northern California Power Agency, Lodi, California
Description: Account Manager Multi site preventative maintenance and projects Rideout Memorial Hospital, Marysville, California
Description: Account Manager Multi site service repair, projects, engineering.

Paratransit, Sacramento, California
Description: Account Manager preventative maintenance, projects and controls upgrades.

Solano County , Fairfield, California
Description: Projects consisting of central plant replacements, air handler rebuilds/replacements, building controls. replacements
Stephen Alwan - Account Manager
916.62s.005a I 916.520.2156
[email protected]

07/26/2022 Item No.7.

Resume
Mark Holeman P .E. -ENGINEERING MANAGER
Experience I Education
2008-Present ACCO Engineered Systems, Sacramento, CA
Engineering Manager
.I
engineered
systems
2003-2008 California Polytechnic State University, San Luis Obispo, CA

8.5. - Mechanical Engineering
Professional Activities & Certifications
Professional Engineer, registered in California (PE) and Washington (PE) Member, ASHRAE (American Society of Heating, Refrigeration, and Air-Conditioning Engineers) Project Experience
Sierra College New Education Building, Rocklin, CA
CSUS Welcome Center, Sacramento, CA
Del Campo New Science Building, Fair Oaks, CA
Bryte Culinary Arts, West Sacramento, CA
UCD North Addition, Sacramento, CA
UCD Sports Medicine Clinic, Sacramento, CA
Bogle Cold Storage Warehouse, West Sacramento, CA
Jackson Labs lnvivo, Sacramento, CA
AMPAC Bldg 05122 Labs, Sacramento, CA
Joyn Bio, Woodland, CA
Agilent Building 91 Expansion, Folsom, CA
Gemini Bio, West Sacramento, CA
Penumbra, Roseville, CA
PG&E GOTTC, Winters, CA
8 Medical Plaza MOB, Roseville, CA
Sacramento Natural Foods COOP, Sacramento, CA
Sutter Medical Foundation MOB - Infusion Pharmacy, OSHPD Ill, Roseville, CA Sutter Medical Foundation MOB - Oncology, OSHPD Ill, Design-Build, Roseville, CA Kaiser Behavioral Health, Elk Grove, CA
Mark Holeman P.E. - Engineering Manager
916.520.2100
[email protected]

07/26/2022 Item No.7.

Resume
[continued)
Mark Holeman P .E. - ENGINEERING MANAGER
830 K Street, Sacramento, CA
1130 K Street, Sacramento, CA
Mark Holeman P.E. - Engineering Manager
916.520.2100
[email protected]
•
engineered
systems

07/26/2022 Item No.7.

Resume A engineered
W systems
Adam Miller - PLUMBING/PIPING GENERAL FOREMAN
Experience I Education
2017 - Present ACCO Engineered Systems, Inc., Sacramento, CA Plumbing/Piping General Foreman
2009 - 2017 Sacramento City Unified School District, Sacramento, CA Plumber
2005 - 2009 JW Mcclenahan Co., Sacramento, CA
Plumbing Foreman
2003 - 2005 Marelich Mechanical, Sacramento, CA
Apprentice
2003 - 2007 Local 447 Plumbing/Pipe Fitting Apprenticeship Program, Sacramento, CA Professional Activities & Certifications
OSHA 10
Project Experience
Sacramento State Academic Information Resource Center, Sacramento, CA Placer County Federal Courthouse, Roseville, CA
River City High School, West Sacramento, CA
PG&E Training Center, Winters, CA
State Buildings 8 & 9, Sacramento, CA
Thunder Valley Casino, Lincoln, CA
Ponderosa High School, Shingle Springs, CA
B Street Theater, Sacramento, CA
Kaiser Sterile Processing Facility, Sacramento, CA
Roseville High School HVAC Renovation, Roseville, CA
Agilent Technologies, Folsom, CA
Hewlett Packard Facilities, Roseville, CA
Apple Facilities, Elk Grove, CA
CSUS Well Building, Sacramento, CA
SMUD Loon Lake, Pollock Pines, CA
Flatstick Pub, Sacramento, CA
Adam Miller - Plumbing/Piping General Foreman
916.520.2100
[email protected]

07/26/2022 Item No.7.

Resume
[ continued]
A engineered
W systems
Adam Miller - PLUMBING/PIPING GENERAL FOREMAN
731 K Street, Sacramento, CA
Adam Miller - Plumbing/Piping General Foreman
916.520.2100
[email protected]

07/26/2022 Item No.7.

Resume •
engineered
systems
Phil Onatanian - PLUMBING/PIPING SUPERINTENDENT
Experience I Education
2010 - Present ACCO Engineered Systems, Inc., Sacramento, CA Plumbing/Piping Superintendent
2004 - Present Local 447
1996 - 2001 Local 62 Apprenticeship
Professional Activities & Certifications
OSHA 10
Boom/Aerial Lift
Fork Lift
CPR
Med Gas
Pipe Fusion
Soldering/Brazing
Rigging
Confined Space
Project Experience
Salinas Valley Memorial Hospital, Salinas, CA
Community Hospital Monterey Peninsula, Monterey, CA
Kaiser Behavioral Health G Street, Sacramento, CA
Kaiser Behavioral Health, Elk Grove, CA
Kaiser Morse, Sacramento, CA
Kaiser Roseville, Roseville, CA
Kaiser South, Sacramento, CA
Sacramento Airport, Sacramento, CA
SMUD Central Plant, Sacramento, CA
CSUS Welcome Center UTAPS, Sacramento, CA
UCD North Addition, Sacramento, CA
Golden 1 Center, Sacramento, CA
Phil Onatanian - Plumbing/Piping Superintendent
916.792.0884
[email protected]

07/26/2022 Item No.7.

Resume
[ continued]
•
Phil Onatanian - PLUMBING/PIPING SUPERINTENDENT
Adventist Health HQ, Roseville, CA
Del Campo New Science Building, Fair Oaks, CA
CSUS Well Expansion, Sacramento, CA
Sierra College New Instructional Building, Rocklin, CA
Sierra College Parking Structure, Rocklin, CA
New Sacramento Courthouse, Sacramento, CA
Phil Onatanian - Plumbing/Piping Superintendent
916. 792.0884
[email protected]
engineered
systems

07/26/2022 Item No.7.

Resume •
engineered
systems
Casey Lee - PLUMBING / PIPING FIELD SUPERINTENDENT
Experience I Education
2014 - Present ACCO Engineered Systems, Sacramento, CA
Plumbing I Piping Field Superintendent
Executive Summary
In the plumbing/ piping trade for 13+ years.
11+ years with local 447.
7 years experience as a foreman on large fast paced new construction projects. 2 years experience in plumbing/ piping service.

Well versed in plan reading, plumbing code, plumbing design, and leading crews.

Experience in Autocad 3D modeling. .
4 years experience with training using trimble layout tools.

Professional Activities & Certifications
ASME lX Certified Brazer
ASSE Certified Medical Gas Installer
AWWA Certified Backflow Prevention Tester
Project Experience
Thunder Valley Casino, Lincoln, CA
California Department of Corrections , Stockton, CA
7th & H Mercy Housing, Sacramento, CA
Golden 1 Center, Sacramento, CA
UC Davis Medical Center, Sacramento, CA
PG&E Training Facility , Winters, CA
Mercy General Hospital , Sacramento, CA
Bogle Winery , Clarksburg, CA
Casey Lee - Plumbing/ Piping Field Superintendent
916.520.2166 I 916.320.0693
[email protected]

07/26/2022 Item No.7.

Resume •
engineered
systems
Chris L. Dunham - SHEET METAL GENERAL FOREMAN
Experience I Education
2002 - 2007 Sheet Metal Worker - Local 104 Training
5 Year Apprentice Program
Professional Activities & Certifications
CPR / First Aid Certified
Scissor Lift, Fork Lift, Rough Terrain Fork, Crane Rigging (trained thru ACCO), Boom Lift Completion of OSHA 30-Hour Class on 04/27/15
Project Experience
Kaiser, South Sacramento, CA
Sierra Nevada Hospital, Grass Valley, CA
Tahoe Forest Hospital, Truckee, CA
UC Davis Medical Center, Sacramento, CA
UC Davis Veterinary Medical Remodel, Davis, CA
UC Davis Wood Shop Remodel, Davis, CA
UC Davis Shrem Museum, Davis, CA
Agilent Technologies, Folsom, CA
San Juan High School Remodel, Citrus Heights, CA
State Compensation Insurance Fund, Sacramento, CA
Solano County Fairfield Library, Fairfield, CA
Claybank Detention Facility, Fairfield, CA
Blue Diamond Growers, Sacramento, CA
Del Oro High School, Loomis, CA
CSUS Well Building, Sacramento, CA
Chris L. Dunham - Sheet Metal General Foreman
916.826,2056
[email protected]

07/26/2022 Item No.7.

Resume
•
Daniel Sesma - SYSTEM OPERATIONS SUPERVISOR
Experience I Education
2014 - Present
2013 - 2014
2004 - 2013
Executive Summary
ACCO Engineered Systems, Inc., Sacramento, CA
lntergrated Comfort Solutions, Elk Grove, CA
Buffalo Mechanical, Inc., Ripon, CA
Manage start-up and test & balance department.

Manage manpower.

Train technicians.

Field quality inspections.

Review start-up, title 24, and test & balance reports.

Provide technical assistance to project managers.

Conduct team meetings for safety and training.

Balance workload.

Professional Activities & Certifications
STAR Mastery Technician Certification
ABB Startup Training Course
G Pro - Green Professional Building Skills Training
Mechanical Acceptance Test Technician (Title 24)
Mitsubishi City Multi VFR Service Course
LG VRF Commissioning Course
Daikin VRV Training Course
Yaskawa Variable Frequency Drive Start-Up Certification Project Experience
Adventist Health HQ, Roseville, CA
Roseville Sutter MOB, Roseville, CA
SMUD Projects, Sacramento, CA
Natomas Crossing, Sacramento, CA
PG&E Winters, Winters, CA
HGA Tl, Sacramento, CA
Daniel Sesma - System Operations Supervisor
916.254.8070
[email protected]
engineered
systems

07/26/2022 Item No.7.

Resume
[continued]
•
Daniel Sesma - SYSTEM OPERATIONS SUPERVISOR
Antelope Crossing Middle School, Antelope, CA
Apple Elk Grove Projects, Elk Grove, CA
Kaiser Permanente Projects, Sacramento, CA
Sacramento State University Projects, Sacramento, CA
UC Davis Projects, Davis, CA
VSP Projects, Rancho Cordova, CA
Los Rios Community College Projects, Sacramento, CA
Turlock Irrigation District, Turlock, CA
Safeway Refrigeration , Reno, NV
Dyer Kelly Elementary School, Sacramento, CA
Prime Data Center, Roseville, CA
830 K Street, Sacramento, CA
Ragingwire CAl CH-2 & CH-3, Sacramento, CA
SMUD Loon Lake, Pollock Pines, CA
Daniel Sesma - System Operations Supervisor
916.254.8070
[email protected]
engineered
systems

07/26/2022 Item No.7.

CITY OF FOLSOM

SEALED PROPOSAL
(MUST BE SIGNED BY BIDDER)
Sealed Proposals will be received not later than 2:00 P.M on Tuesday, May 3, 2022, at the City of Folsom City Clerk's Office, 50 Natoma Street, Folsom, California .

TO THE HONORABLE CITY COUNCIL :

The undersigned hereby proposes and agrees to furnish any and all required labor, material , transportation , and services for

FOLSOM CITY HALL

BOILER & HV AC REPLACEMENT

DESIGN - BUILD PROJECT
in the City of Folsom, County of Sacramento, California.

The work is to be done in strict conformity with the Contract Documents, at the following Lump Sum and/or Unit Prices:

ITEM
NO.

BOILER

1. 2.

3. 4.

PROJECT ST ART-UP PHASE

DESIGN PHASE

CONSTRUCTION PHASE

PROJECT CLOSE-OUT PHASE

SUB-TOTAL BOILER
HVAC

5. 6.

7. 8.

PROJECT START-UP PHASE

DESIGN PHASE

CONSTRUCTION PHASE

PROJECT CLOSE-OUT PHASE

SUB-TOTAL HVAC
TOTAL BASE BID BOILER AND HV AC:

QTY
1 1
1 LS
LS
LS
LS
LS
LS
LS
LS
UNIT
PRICE
$ 5,000
$ 8,000
TOTAL
$ 5 000
$ 8,000
$104 468.66 $ 104,468.66
$ 5,000 $ 5 000
$ _ _ 1"--=2=2"--'A-=-68=·=66'-----
$ 40,000 $ 40 ,000
$ 15,000 $ 15 0 0
$ 775,392.44 $ 775,392 .44
$ 15,000 $ 15,000
$ 845 392.44
$ ___ ~96~7~8~6 ...... 1 ....... 1~0 __
Total Project Bid, Item Nos. I through 8, shall be (spell out) nine hundred and sixty-seven thousand , eight hundred and sixty-one, and ten cents Dollars.

April 2022 1 Sealed Proposal

07/26/2022 Item No.7.
,. .. ·-,) May 3, 2022
City of Folsom,
SO Natoma St
Folsom, CA 95630
Attn.: Chris O'Keefe
~ engineered
W, systems
Mechanical services
916 / 520-2100 Voice
800 / 598-2226 Service
916 / 520-2150 Fax
9290 Beatly Drive
Sacramento, CA
95826-9702
Reference: ALTERNATE 1 Reheat Valves: Folsom City Hall Boiler & HV AC Replacement Design­ Build Project
Location: 50 Natoma St, Folsom CA
Scope:

Furnish and install (45) pressure dependent 2-way vales/actuator assemblies. Proposal based on use of propress.

Price: $49,770.76
Established J 934
License 1120696

07/26/2022 Item No.7.

May 3, 2022
City of Folsom,
50 Natoma St
Folsom, CA 95630
Attn. : Chris O'Keefc
•
engineered
systems
Mechanical Services
916 / 520-2100 Voice
800 / 598-2226 Service
916 / 520-2150 Fax
9290 Beatty Drive
Sacramento, CA
95826-9702
Reference: ALTERNATE 2 HV AC & Control Maintenance: Folsom City Hall Boiler & HV AC Replacement Design-Build Project
Location: 50 Natoma St, Folsom CA
Scope:

Provide (2) years of maintenance on the HV AC equipment that is replaced as well as controls maintenance. Controls maintenance will be performed semi-annually. Boiler maintenance will consist of (1) semi-annual service and (1) annual service . Maintenance on the packaged AC units will be performed on a quarterly basis and includes quarterly MERV13 filters and annual condenser coil cleaning.
*Detailed tasking can be provided up on request.

Price: $29,000 for 2 years.

Established 1934
license #120696

07/26/2022 Item No.7.

BID DEPOSIT ENCLOSED IN THE FOLLOWING FORM:
$ _ _ _ ___ 1_30_,__00~0~ _____ not less than ten percent (10%) of amount bid. 0 CERTIFIED CHECK
0 MONEY ORDER
0 CASHIER'S CHECK
[xl BIDBOND
By:

Address:

Telephone No.:

CONTRACTOR
9290 Beatty Drive
Sacramento, CA 95826
916-520-2100
NOTE: As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
hUps://efil ing.dir.ca.gov/PWCR/AclionServ l t?aclion =di ·playPW RegistrntionF'orm License Required: Required license to perform the requested service.

Valid Contractor's License No. _ __ _,_1=20=6=9=6 _ _ _ is held by the bidder.

The Expiration date is _____ 1~2_!3_1~/2-0~2-3 ____ _
Dept. oflndustrial Relations (DIR) Registration No. __ 1_0_0~00_0_0_54_6 __ Representations contained within this bid are made under penalty of perjury.

April 2022 3 Sealed Proposal

07/26/2022 Item No.7.

SUB-BIDDER FORM
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts .

Please register at:
https://efi ling.dir.ca.gov/PW CR/ActionServlet?aclion =displayPW Regi traliouFonn In accordance with Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each subcontractor who will perform work amounting to more than one half of one percent (0.05%) of the Total Cost Base Bid. In addition, this form will be used to determine if the bidder is responsive to Section 2.08 of the General Provisions.

Name of Sub-Bidder Street Address of Shop, License Dept. of Portion of Percentage Mill, or Office Type and Ind. Work to be of Total
(Shall be completed within Number Relations Done by Work 2 working days of bid Reg. No. Specification
opening by apparent low Section
bidder)
Sunbelt Controls 1040 Riverside Parkway, #100 800423 1000000551 Controls 26% West Sacramento, CA 95605 B,C7,C20
474795
Performance Contracting , Inc. 3030 Orange Grove Avenue, B, C-9, C33, C35 1000004922 Insulation <1% North Highlands, CA 95660 C-61/D50, C-61/010 D~1/D39, C23
Schetter Electric 471 Bannon Street Electrical Sacramento, CA 95811 B, C10, C-7 1000000101 3% Maxim Crane 17512 Pacific Avenue 860395 1000009236 Crane & Rigging 1% Pleasant Grove, CA 95668 A January 2022 Sub-Bidder Form

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GENERAL INFORMATION & CAPABILITIES

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About ACCO
History of ACCO Engineered Systems 2
Project Management 4
Safety Training & Programs 5
Fabrication & Installation 6
ACCO's Project Approaches 8
Engineering
BIM & 3-D Modeling 13
Heating, Ventilation & Air Conditioning 13
Plumbing 14
Building Automation Systems 15
Industrial Construction 15
Process Piping 16
Building Services 19
Commissioning 20
Energy Services 20
Summary 21
ACCO Locations Back Cover

07/26/2022 Item No.7.

ACCO Engineered Systems is an employee-owned mechanical controc tor with specia lties in heating, ventilating , air conditioning , refrigeration, plumbing , process pip ing, bu ilding automation, industrial construction and service. Through an engineering orie11ted approach, we provide these services to the new construction and existing building markets. ACCO's driving force is to satisfy the complex, engineered system s needs of buildings/fac ilities. We do this in a valued-added, cost effective one-stop shop manne r by:
• Using our best in class know-how to deliver customized, value-added systems at a competitive level
• Structuring exceptional value deals
• Leveraging our project management and delivery capability to ta ke control, deliver with speed, and provide a single point of accountability
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.
,.J Page 116
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About ACCO Engineered Systems
ACCO Engineered Systems was founded in 1934 as Air Conditioning Company (ACCO). a proprietorship, by Ira Prentiss Fulmor at 1005 Santa Fe Street, Los Angeles. The former narne of the company was chosen to indicate what the company did because few people knew about air conditioning . In 1949, the business moved from downtown Los Angeles to Glendale, and again in 2019 to Pasadena. In 1950, ACCO transformed from an air condition ing distributor and became an independent corporation . Kenneth D. Simon was President from 1969 to 1980, Theodore M. Seidman was President from 7987 to 1989, followed by John Aversano in 1990, Peter Narbonne in 2014 and Jeff Marrs in 2016.

Over the years, ACCO has grown to become a leader in the design, installation and service of industrial, commercial, high-rise, residential, and institutional air conditioning, heating, ventilation, plumbing, process piping and Direct Digital Control (DDC) systems. ACCO's name was changed in 2002 to ACCO Engineered Systems to better reflect the various aspects of its business. A national trade publication regularly ranks ACCO among the 5 largest heating, ventilating and air conditioning contractors in the nation. ACCO's offices and manufacturing facilities reside on more than 20 acres across the western U.S.

The construction work areas include office buildings, biopharmaceutical, semi-conductor, medical centers and hospitals, micro-electronics, manufacturing plants, entertainment, retail, telecommunications, educational facilities, data centers and high-rise residential. ACCO has completed work in Arizona, California, Florida, Hawaii, Idaho, Illinois, Louisiana, Maryland, Michigan , Nevada, New Jersey, New Mexico, Oregon, Tennessee, Texas, Utah, Virginia, Washington, Washington D.C. and Mexico.

ACCO's headquarters is located in Pasadena, CA, with other principal offices located throughout California, Nevada, Idaho, Oregon and Washington.

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ACCO 1~, /\ IVIEMBER OF THE SHE El Ml,fAL AI\JD ,\111 CONDlflONINCi CONTRACTORS NATIONAL ASSOCIATION. INC iSMACNAI, THE MECHANICAL CONTRACTORS ASSOCIATION OF AMERICA. INC IMCAA). AND MECHANICAL SERVICE CONTRACTORS OF AMERICA (MSCA) I ,.\
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Your Personal Representative
At ACCO, when we accept a job, we accept all the responsibility that goes with it. An ACCO Project Manager supervises the project from the initial contact through conceptual studies, engineering design, energy studies, estimating, sales, construction and commissioning. This responsibility continues through final acceptance, as well as the warranty period.

Your project manager's responsibility is to get your job done - on time and on budget. ACCO pioneered this single source of responsibility to ensure strict adherence to all of the project requirements, quality demands and time schedules.

Keeping Your Project on Schedule
Keeping on schedule requires a large amount of up-to-date information. ACCO maintains a computerized database on all projects to allow project managers to have immediate access to up-to-date labor reports, equipment and materials status and time-and-cost accounting.

Diverse Experience & Flexible Approach
ACCO has successfully completed many different types of projects from simple warehouse installations to complex semiconductor and bio-tech fabrication facilities requiring the most advanced technological skills.

We can work with an engineer of your choice to develop and analyze systems tor your project, or you can utilize ACCO's in-house engineering resources to design a system for your project that meets your quality and budget requirements. In both cases, we guarantee price, performance and schedule. )

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ACCO is a large organization with rapid growth, but safety has remained a core value of our business.

We developed a detailed Safety Program to establish compliance with applicable regulations and maintain safety excellence. The result is an industry-leading Experience Modifier Rate (EMA), which reflects workers' compensation loss performance. ACCO's extensive safety training emphasizes the best practices to ensure the health and well-being of our employees. A copy of our Safety Program is available upon request.

ACCO Provides the Following Safety Training to Our Employees to Protect Them and Those Around Them.
• E11ployee Safety Orientation • Fall Protection Awareness • ConfiRed Spece Entry • Forklift f.ertifications
• Asbestos Awareness • Scalfol• Awareness
• Respirator Training • Trench/Excavation Awareness
• Respirator Fit Testing • Supervisor Safety Training
• CPR/First Aid • Hazard Communication (SDS)
In addition to this training, ACCO conducts weekly safety meetings with field and shop employees to raise safety awareness. General Foremen Safety Meetings are conducted on a quarterly basis to review incidents and update safety training.

Injury Management Program
ACCO is committed to ensuring employees who are injured have access to the best rehabilitation resources. ACCO does its best to provide meaningful, temporary alternative work for injured employees. In addition, we make our best efforts to ensure injured employees receive the best medical care available. •
engineered
systems

07/26/2022 Item No.7.

Fabrication & Installation
State-of-the-art fabrication facilities are necessary to control cost and ensure quality in the mechanical contracting industry .

To effectively service our geographical areas of wor k, ACCO has fully automated, computer-aided fabricat ion facilities in Commerce (2), Covina, San Leandro, Sacramento, San Diego and Vacaville. These fabrication plants produce in excess of 12 million pounds of fabricated sheet metal per year and more than 270,000 diameter inches of welded and grooved mechanical piping.

Our Los Angeles facilities include a modern 70,000 square foot sheet metal shop with an 11,000 square foot warehouse and tool crib located in Commerce, CA. We also have a piping and plumbing fabrication shop located in Commerce that includes 200,000 square feet of prefabrication and warehouse space with 12 cranes in four bays on a 10-acre parcel.

In order to fully seNe our Northern California operations, ACCO has fabrication facilities in San Leandro, which include a 38,000 square foot sheet metal fabrication shop, an 18,000 square foot warehouse and tool crib, an 11,000 square foot pipe fabrication shop and a separate 30,000 square foot plumbing fabrication shop.

Our Sacramento facilities include 5,000 square feet of plumbing fabrication , 9,000 square feet of piping fabrication and 17,000 square feet of sheet metal fabrication .

To complement our Los Angeles and Bay Area facilities, we also have a validated process piping fabrication facility in Vacaville, CA, and a piping and plumbing fabrication facility in San Diego. 0 :'··-- -~/

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Design-Build
Design-Build brings together a partnership of the owner, architects, general contractors and trades. As part of the Design-Build team, ACCO engineers analy2e the owner's requirements, reviewing concepts and systems on a price/performance basis. Realistic project budgets can be established early in the process. Design-Build speeds up the entire construction process as we proceed seamlessly from design into construction with known project costs. Design-Build is the best way to avoid constant change orders, project escalation and cost overruns.

Integrated Project Delivery
Integrated Project Delivery (IPD) is a concept that has been incorporated into all areas of ACCO's capabilities.

As a Design-Assist and Design-Build contractor, we regularly participate in the collaborative design and planning elements IPD Is known for, allowing us to determine the best way to accommodate the individual needs of each project. ACCO's Project Managers are unique in that they manage a project's mechanical and/or plumbing scope of work from start to finish, playing an integral role in the design, cost control, construction, commissioning and handover.

Design-Assist
In the Design-Assist method of delivering work, our engineers work closely with your design and construction team to clarify the operational benefits of the project. We will analyze alternates on a price/performance basis . Our engineers' knowledge of installation, maintenance and long-term operating costs will help deliver the maximum value for dollars spent. When appropriate, we'll recommend using alternative designs, different materials and more efficient installation methods. )

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Plan-Spec
ACCO brings decades of experience to construction projects that mandate a fixed-price bid on a detailed set A engineered
V systems
of construction documents. We examine the plans and specifications, determine the lowest possible cost and then build exactly what was designed. By working closely with the architect and engineering teams, our project managers anticipate issues and work to avoid change orders and cost overruns.

Lean Production & Construction
Internally, ACCO manufactures much of its own materials and has implemented Lean methods in order to reduce costs and inventory in our shops . We rely on pull scheduling , which requires effective project planning and efficiency, to reduce the amount of sheet metal and pipe we keep in inventory. Our shops also provide the opportunity to prefabricate and preassemble much of what is delivered to the field-increasing quality and safety due to the clean, controlled shop environment-and reducing labor and installation time in the field.

By leveraging shops throughout the western United States, we are able to make more frequent just-in-time deliveries consisting of the exact amount of materials needed for a specific portion of the job. This reduces the impact on other trades in the field by minimizing the amount of material staged on the floor and around the job site.

Target Value Design
Target Value Design (TVD) is a method closely aligned with Lean production, Lean construction and Integrated Project Delivery. It consists of designing a project to the customer's predetermined budget requirements, rather than establishing cost after the design is completed. TVD builds cost into the design process and minimizes waste in the production and construction process. It is a fundamental change in thinking from "expected costs" to "budgeted costs."The guiding factor forTVD is that the target cost for a project should never be exceeded.

Typically, cost follows design. Howeve r, on projects where TVD is used, cost dictates what gets designed to ensure that the target cost is not exceeded. One mechanism for providing this rapid cost feedback is extracting quantities from the virtual model and model-based estimates . As a result. rapid cost feedback to the design team is paramount in this process .

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Engineering
The Foundation
Engineering is the foundat ion of outstanding mechanical and plumbing systems. The challenge is to transform innovative ideas into practical and reliable systems.

ACCO leads with the right concepts to meet your needs and brings the advantage of system fabrication and installation know-how to capitalize on the best means and methods for cost-effective results.

We focus beyond the initial installation to ensure that your system is designed to last and function reliably for many years under varying conditions and requirements . Our engineers utilize the experience of our commissioning and service professionals to design systems that will be serviceable and perform efficiently for the long term.

Regardless of project scale or complexity, our engineering staff will work with your design team and contractors to guarantee you are provided with the best design to meet your requirements . We will also ensure your project is complete, coordinated and code compliant.

Services
• 3-D Modeling and Design Coordination
• Preconstruction Services and Planning
• Energy Conservation
• Systems Evaluation/Comparison and Economic Analysis
• Code Compliance or Variances
• LEED® Certification
• Retrofits & Upgrades
• Applications Engineering

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(HIM & 3-D Modeling
•
engineered
systems
ACCO stands at the forefront of Virtual Design and Construction (VDC), using three-dimensional (3-D) BIM visualization software for pre-construction trade coordination and product fabrication for HVAC, process, plumbing and industrial projects. Due to the space impact of these systems, ACCO often leads the coordination process and works with the general contractor and subcontractors to facilitate and manage coordination utilizing BIM software such as Autodesk's Navisworks and BIM 360. ACCO has the capability to facilitate 3-D coordination meetings, including creation and management of Clash Detection reports. Coordination meetings can be held in our ACCO offices, facilitated at a jobsite or hosted electronically utilizing Web Conferencing.

ACCO has more than 20 years of experience utilizing 3-D SIM software to accelerate our sheet metal and piping fabrication. ACCO uses Autodesk's fabrication software, which contains a library of fabrication level parts and objects used in both CAD and Revit environments. Applying Lean construction principles, our 3-D capability permits significant prefabrication of duct and pipe, as well as just-in-time delivery.

Our recent experience with challenging coordination projects includes HVAC, process and plumbing scopes within hospitals, laboratories and CGMP manufacturing facilities. ACCO brings knowledge and depth to any design and construction team, providing a catalyst for successful implementation of VDC.

Heating, Ventilation & Air Conditioning
Mechanical systems are the heart of buildings. They make buildings more marketable, more comfortable and more profitable, A properly designed, installed and maintained mechanical system conserves energy, cuts absenteeism, increases productivity and reduces tenant turnover. It can save a great deal of money.

Since 1934, owners and builders have selected ACCO to design, install and maintain hundreds of thousands of projects. That is because there is more to HVAC at ACCO than heating, ventilation and air conditioning. Where other companies see boilers, pumps, chillers and air handlers, we see entire systems. We see beyond the piping and the sheet metal on the drawings. We look for the best solution to meet your requirements. We evaluate your initial designs to find cost-effective solutions that deliver the same, or superior performance. We recommend smarter alternatives and upgrades to avoid problems and improve efficiency.

Whether we are providing conditioned air for an office building, meeting the acoustical needs of a performing arts theater or designing highly filtered air for bio-pharmaceutical clean rooms, our system-wide approach is unique in the industry. We deliver value, guarantee all your components work together as specified and lower the long-term costs of operation and maintenance.

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ACCO's plumbing department is comprised of more than 1,000 engineers, designers, tradespeople, project managers and support staff. The size and scope of our workforce gives us the capacity to perform projects of all types, sizes and levels of complexity. We utilize the latest technology available to take projects from their conceptual stages through completion. ACCO is recognized in the industry for working on many of the most high-profile projects throughout the western United States.

Our clients demand quality, speed and efficiency. In order to accommodate these needs, we have four dedicated fabrication facilities located in San Leandro, Commerce, Covina and San Diego. These spaces enable us to produce pre-built sections of plumbing systems, equipment skids and finish within a controlled environment. We use Lean production principles to maximize effective production levels. This practice, coupled with our large warehouse capacity, helps eliminate delays due to inventory access. Completed prefabricated materials are delivered to jobsites using just-in-time delivery, minimizing the impact to the project and saving time on even the most ambitious construction schedules.

ACCO Engineered Systems has strong alliances with local unions. A long history of successful labor management and coordination means that your project will not suffer due to the inability to effectively staff a project. no matter the crew size, shift type or schedule.

Capabilities Include:
• Design-Build/ Assist • In-House Prefabrication
• 3-D CAD/BIM Detailing • All Commercial and Industrial Project Types • Preconstruction/VDC • Full MEP Construction
• In-House Engineering
Project Types:
• Heelthcare/DSHPD • Laboratories
• Mixed-Use Residential • Food/Beverage Service and Processing • Hospitality • Office Buildings
• Education • Themed Entertainment
• New Construction/Renovations/TI/Relrofits • Amusement Parks • Parking Structures • Transportation Facilities !Road/Rail/ Air) • Core end Shell • Industrial Complexes
• High-Rises • Sito Utilities

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eeuilding Automation Systems
ACCO has more than 25 years of experience in the Building Automation industry and offers complete Direct Digital Control (DOC) system solutions. We are one of the largest independent DOC system solution providers in the western United States and employ experts on a diverse range of systems.

Our goal is to provide superior design, installation and continuous service support for our customers through our dedicated DOC control branch locations . Each location is staffed with experienced project managers, application engineers and highly skilled technicians that are trained in several lines of control products, including: Automated Logic, Distech Controls, Reliable Controls, Johnson Controls, Siemens, Trane andTridium-based systems. As system integrators, we provide you with the best solution for your facility that will be cost-effective, provide improved occupant comfort, and most importantly, reduce energy consumption. These solutions include, but are not limited to: mechanical and electrical system optimization, energy reduction strategies and lighting control.

Our DOC Project Managers are your point of contact from concept and design, through the budgeting process, installation, commissioning and warranty, with linkage to aftermarket service. There are no hand-offs in this process .

Industrial Construction
ACCO has a strong commitment to quality, which includes our current ASME/AWS Quality Program and Manual.
• 831.1, 3, 9 & AWS Quality Programs in place
• Site-specific quality plans are authored for each project, ensuring compliance with required specifications • OA/OC Inspectors are certified in accordance with ASNTTC 1 a and/or AWS-OC 1 for visual examinations • ACCO has more than 100 approved welding procedures covering carbon, stainless and chrome steels • Site-specific safety plans
•
engineered systems

07/26/2022 Item No.7.

Process Piping
As a full service mechanical contractor, ACCO is also at the forefront of customer needs in all aspects of process systems. ACCO's process piping department complements our HVAC and plumbing groups to provide complete mechanical design, fabrication, construction and services offerings to the marketplace.

ACCO is a leader in process piping systems, including pharmaceuticals, bio-pharmaceuticals, industrial, medical devices or diagnostics, micro-electronics, bio-fuels and solar cell manufacturing. We are ready to take responsibility for any phase of the project, from design through installation and commissioning. We are your one source of responsibility for a properly functioning process facility.

Our engineers' in-depth knowledge of FDA requirements enable us to comply with all regulations in the pharmaceutical/bio-pharmaceutical sectors. We study and create innovative solutions for compliance with the Code of Federal Regulations (CFAs), Center for Disease Control and National Institute of Health (CDC/NIH), ASME's Bio-Process Engineering Standards and ISPE Baseline guidelines.

ACCO's advanced Engineering Turnover Package and commissioning programs are your quickest solution to a validation-ready facility. We start the process before any procurement to guarantee a consistent product at completion. Across all systems, each document is correctly requested, collated and organized for quick and easy reference for your validation team.

In the high technology sector, whether it be photonics fabrication for fibre optics, micro-machines or integrated circuits, ACCO can quickly and efficiently design, execute and commission your installation. Our engineering will provide cost-effective design of high purity gas and chemical delivery. Our experienced engineers will guide the design from programming to detailed engineering. We create the P&IDs and quickly turn out 3-D AutoCAD models for form and fit. Our prefabrication and field installation methods will execute an efficient construction schedule. Then, our commissioning experts will ensure all systems are performing to expectations.

ACCO's process piping group is skilled in all types of pharmaceutical and high tech work, including both cGMP and GLP establishments, vivariums and high technology process facilities. Systems include: bulk chemical distribution, ultra-high purity water (including water for injection). clean in place and high purity gas distribution.

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Building Services
ACCO has one of the largest and most experienced service departments in the nation. We provide service and long-term maintenance agreements in more than 11,600 facilities throughout the western United States.

Properly maintained mechanical and control systems conserve energy, increase productivity and satisfy the needs of owners, tenants and production managers.

ACCO field service mechanics are trained signatory apprentices and journeymen dedicated solely to servicing HVAC mechanical and plumbing systems, DOC Controls systems and water treatment applications.

ACCO has one of the most modern fleets in the industry. We have more than 1,400 truck and sprinter van-based mobile field mechanics who can respond on-site in less than four hours, 24 hours a day, seven days a week.

ACCO reduces emergency repair costs by providing comprehensive maintenance solutions. This extends the life of the equipment, prevents catastrophic failures and ensures energy efficiency.

ACCO's service team can handle any size and any type of project, from a small package system to a complex manufacturing facility. We have the experience and know-how to ensure that your system will run efficiently and deliver the best possible results tailored to your needs.

Preventive Maintenance
Protect your investment
Equipment Repairs
Get youi· system back up and ope,ating, quickly
and expertly, minimizing impact on process and
building operations
Equipment Modernization
Replace, upgrade, modernize, and retrofit
your facility's systems due to age, obsolescence
or energy efficiency
Just-In-Time Service Delivery
Guaranteed two-hour emergency response
time for our contract customers
Oualified Technicians
The best and most highly trained in the industry
Chiller Service
Our Centrifugal Group specialists are trained and
certified to service and repair all types of chillers
Water Treatment
Our qualified technicians can prevent tube fouling ,
maintaining system capacity and efficiency
Tenant Improvements
Prevent employee discomfort, reduced productivity,
loss of revenue and increased vacancies
Direct Digital Controls
Designed and installed by ACCO, provide
operational efficiency in your processes and
building
Commissioning Services
Ensures that the performance of installed
equipment and its peripheral systems operate
at their peak by adhering to the design
specifications
Predictive Diagnostic Services
Offers an early warning system, which alerts
and minimizes possible equipment failures
before they happen

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Commissioning
Office buildings must be comfortable for the occupants. Recording studios must be quiet. Fabrication facilities must be clean. Mechanical systems must be properly designed, installed and set up for proper operation.

ACCO is NEBB (National Environmental Balancing Bureau) certified in air and water balance, HVAC compliance, field installation, verification and sound and vibration.

ACCO's commissioning technicians provide the final system balancing, verification and documentation, ensuring the systems function as designed.

Retro-Commissioning
Commissioning existing buildings offers substantial energy savings and improved operation . Our group is retro-commissioning certified and can assist in obtaining utility rebates where available.

Energy Services
ACCO is leading the way to a greener tomorrow with our energy services capabilities. Energy service projects are loosely defined as those which incorporate improved levels of energy efficiency and reduced utility costs as a primary project objective and which often incorporate much needed facility infrastructure upgrades as part of the scope of work. By leveraging the resulting energy cost savings, companies are often able to fund replacements and upgrades previously not budgeted.

ESCO Partnerships
Energy Service Companies (ESCOs) perform energy audits, study environmental impacts of site construction, provide financing to customers and guarantee savings that result from the implementation of various energy efficiency measures. ACCO has a long history of working with established and successful ESCO firms under a partnership arrangement. ACCO supports our ESCO partners by providing manpower, tools, technicians, engineering, budgeting and preliminary layout and design drawings during the pre-construction phase of energy-focused projects. During construction, ACCO provides required manpower and supervision for the mechanical and electrical trades. Oftentimes, at the customer's request, ACCO fills the role of overall site superintendent and oversees the hiring and management of all other construction trades.

Services
• Central Plants end Retrofits
• Renewable Energy
• Energy Efficiency and Retro-Commissioning
• Automation end Lighting

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,,.Building Confidence in Mechanical Design,
Construction & Service
)
ACCO has gained a wealth of knowledge since its founding and has grown to be the largest and most experienced environmental firm in the western United States, and among the top five nationwide.

ACCO has found success by evaluating overall system performance, ease of installation, reliability and long term energy consumption costs and how these variables relate to an owner's needs. Through innovative engineering, comprehensive design solutions, consistent work quality and qualified maintenance; ACCO confidently delivers the best possible solution.

ACCO offers complete in-house engineering, fabrication, installation, commissioning and service capabilities. This integrated delivery system provides customers with the most practical. cost effective solutions for their particular mechanical, plumbing and control system requirements .

Whether your project is a low or high-rise office or residential building, a shopping mall. hospital, semi-conductor fabrication facility or pharmaceutical/bio-pharmaceutical manufacturing plant. ACCO can design, build, install and maintain a mechanical system to meet your needs. iffll\ engineered
9 systems

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ACCO LOCATIONS
0 seattle

WASHINGTON
PortlandQ
OREGON
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Novato 0 sacrarnento
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San Francisco O San Leandro
San Jose g OFresno
Santa Cruz
NEVADA
0 Bakersfield
0 Las Vegas
Newbury ParkQ Q Riverside
Pasadena O O Cornrnerce
0 El Segundo Q Costa Mesa
oSan Diego
FOR OFFICE INFORMATION,VISIT US ONLINE AT: ACCO ES.COM
© 2020 by ACCO Engineered Systems M). All rig lits reserved.

License numbers: CA-120696, AZ-ROC276032/ROC080288, HI-CT30891, I0-RCE29927, NV-19551000749/0083321/005552/0002549, DR -65555, UT 76118975501, WA-UBl601003669, IA-C134181
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Hand Delivered
May 3rd, 2022
Chris O'Keefe
Folsom City Hall
50 E Natoma Street
Folsom, CA 95630
Exhibit I
~ ~
C OAC

COOPER OATES

AIR CONDITIONING
Project: City Hall - Design Build HVAC Replacement Proje ct.

We are pleased to provide the following description to replace four rooftop VAV packaged units, 2 boilers, and Direct Digital Controls. The controls portion is based on 75 VAVs; 30 cooling only and 45 with reheat coils, four rooftop packaged units (one 80-ton, two 30-ton , and one 20-ton), and two Lochinvar boilers. This proposal is based on project documents provided by the City of Folsom and a job walk with Mr. O'Keefe and facilities staff. We are including mechanical engineering design .

Please note that in order to produce satisfactory results for comfort and proper air distribution, it is highly recommended to have a pre-construction air flow readings (pre-balance) and after construction air balance to maximize results. There is no mention in the project documents of pre-balance or air balance. We are including this as a line item for your knowledge .

Below is our scope of work.

Assumptions:
 All interior work will be done during normal working hours, Monday thru Friday 7:00 AM- 5:00 PM. Equipment lift will be done over the weekend to minimize disruption and for safety purposes since the building must be vacated during the crane lift.  All work to be performed concurrently from start to finish , once mobilized. Any delays will be charged separately from this proposal.
 Prevailing wages are required for this project, and we have included them.  Water valves for VAVs will all be replaced regardless of their condition.

Rooftop Units Scope of Work :
 Provide mechanical engineering design by a licensed PE.  Demo and rem·ove one 80-ton Carrier VAV packaged unit, one 20-ton side discharge gas/electric Carrier packaged unit, two 30-ton Carrier packaged units.  Provide and install four (4) rooftop packaged units: one 75 tons high capacity, one 20 tons, and two 30 tons w/curb adaptors, VFDs, w economizers, power exhaust.  Connect new units to existing power supply and condensate (replace disconnects).  Wire smoke detectors to fire panel (fire panel tie-ins and test by current fire panel contractor).

Provide Factory Start-up and test.

Commission new equipment.

Provide Title-24 acceptance documentation with reports to owners upon project completion .

A I for no-fee ermit from the Cit of Folsom.
6250SKYCREEKDRIVE,SACRAMENTOCA 95828 ~ 916.381.4611 ~ COACAIR.COM ~ CCL: 611351

07/26/2022 Item No.7.
50 Natoma St- Folsom CA - HVAC/Controls Replacement
May 3rd, 2022

Boilers Scope of Work:

Carrier iVu DDC Scope of Work :
 Demo and remove existing control panels in mechanical room.  Demo and remove seventy-five VAV controllers.
 Provide and install seventy-five new iVu VAV controllers.  Run a new communication line, existing line is not capable of keeping up with new DOC traffic/speed demands.
 Provide control to the new RTUs and boilers .
 Provide and install new iVu front end in boiler room.  Replace all 45 reheat valves.
 Provide pre-balance for engineering design .
 Provide air balance based on engineering design.

The added price to provide air balance will be ........... $ 53,865 Spec ific Exclusions:
 Any and all sheetrock access doors.
 Duct leak testing and repairs.
 Any and all equipment platforms or housekeeping pads of any kind.  Any and all LEED or USGBC requirements.
 Permit fees.
 Structural retrofit.

Exclusions:

All cutting; patching, coring, framing, or blocking of any kind; Architectural flashings; Seismic calculations, details, or engineering for same; Mechanical engineering; curb vibration isolators; Painting; Electrical upgrades; motor starters, time clocks , or interlocks; T-bar removal or replacement; Environmental abatement ; Permit fees; Furniture removal or reset; Temporary HVAC; Special COVID requirements; existing building conditions; Line of sight; All union affiliations/ agreements; Insurance surcharges for special wording on certificates; Overtime labor.

07/26/2022 Item No.7.
50 Natoma St- Folsom CA- HVAC/Controls Replacement
May 3rd, 2022

Similar project experience:
1020 29th Street Sacramento:

Customer Name: Andrew Naify
Design build to replace two 75-ton Trane boxcar rooftop units, replace with DOC all pneumatic controls on 84 VAVs with electric re-heat. Project done during a weekend to replace the units until the units were left running. The controls portion was done in a four-week period due to occupancy. Control brand was JCI. Tenants had threatened to move out because of multiple comfort issues with the HVAC. The result of the project was that the tenants stayed, complaints were reduced to zero and the building owner was able to pay for the project with the $90,000/year in energy savings.
110 Woodmere Rd Folsom:

Customer Name: Jennifer O'Brien
Design build project to replace two 75-ton Trane Box car units, one 750,000BTU boiler, Trane DOC with iVu Carrier controls on 65 VAVs. Project done during two weekends to replace the equipment on the roof. The controls work on VAVs was done during regular hours. The units were 23 years old, and compressors were constantly failing. The Trane control system was obsolete and could not take upgrades anymore. Remote communication became a major issue.

New equipment uses 225-amp fuses, old equipment had 350-amp fuses. Energy savings and tenant comfort are a plus.
3310 El Camino Rd:

Customer name: Buzz Oates Management Services
Design build project to replace two 90-ton Mammoth VAV rooftop units, one boiler, one cooling tower, pneumatic control system with KMC DOC system. This project was split into two phases, the building is occupied by two State agencies. The existing equipment was old and obsolete, multiple comfort calls were coming to our office until we got the approval to retrofit the equipment. The lower levels had multiple water source heat pumps replaced also. These were connected to the boiler and cooling tower ; the Mammoth units had their own water-condenser integral to the units.

Please contact us should you have any questions.

Yours truly,
Ci U-,IM,{.UIV j IU4"V.Z.
916-416-7003
[email protected]

07/26/2022 Item No.7.

CITY OF FOLSOM

SEALED PROPOSAL
(MUST BE SIGNED BY BIDDER)
Sealed Proposals will be received not later than 2:00 P.M on Tuesday, May 3, 2022, at the City of Folsom City Clerk's Office, 50 Natoma Street, Folsom, California.

TO THE HONORABLE CITY COUNCIL:

The undersigned hereby proposes and agrees to furnish any and all required labor, material, transp01tation, and services for ·

FOLSOM CITY HALL

BOILER & HVAC REPLACEMENT

DESIGN - BUILD PROJECT
in the City of Folsom, County of Sacramento, California.

The work is to be done in strict conformity with the Contract Documents, at the following Lump Sum and/or Unit Prices:

ITEM UNIT
NO. ITEM · QTY UNIT PRICE TOTAL
BOILER

1. PROJECT START-UP PHASE I LS $ 15,000 $ 15,000

2. DESIGN PHASE LS $ 12,000 $ 12,000

3. CONSTRUCTION PHASE LS $ 85,107 $ 85,107

4. PROJECT CLOSE-OUT PHASE LS $ 25,000 $ 25,000
SUB-TOTAL BOILER $ 137,107 $137,107
HVAC

5. PROJECT START-UP PHASE l LS $ 20,000 $ 20,000

6. DESIGN PHASE LS $ 18,000 $ 18,000

7. CONSTRUCTION PHASE 1 LS $ 737,718 $ 737,718

8. PROJECT CLOSE-OUT PHASE LS $ 35,000 $ 35,000
SUB-TOTAL HVAC $ 810,718 $810,718
TOTAL BASE BTD BOILER AND 11 V $ 947,825
Total Project Bid, Item Nos. l through 8, shall be (spell oul) ____ ___________ _ _ Ni_ne_ hu_n_d_re_d_fo_rty_ -s_ev_e_n_lh_o_u_~_n_d_e_ig_ht_h_u_nd_re_d_t_w_e_nly_ fiv_e_ u_s ____ _ _______ Dollars.

April 2022 1 Sealed Proposal

07/26/2022 Item No.7.

If awarded the contract, the undersigned shall execute said Contract and furnish the necessary bonds within ten (10) calendar days after the Notice of Award of said Contract and begin work within ten (10) calendar days from and after receipt of written Notice to Proceed from City to Contractor.

In determining the amount bid by each bidder, the City of Folsom (City) shall disregard mathematical e1rnrs in addition, subtraction, multiplication, and division that appear obvious on the face of the Proposal. When such a mathematical error appears on the Proposal, the City shall have the right to conect such e1rnr and to compute the total amount bid by said bidder on the basis of the co1rncted figure or figures.

When an item price is required to be set forth in the Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Engineer's estimate of the quantity of work to be perfonned for said Hem; the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each such item of wad<: shall be based upon the item price and not the total price. Should the Proposal contain only a total price for the item and the item price is omitted, the City shall determine the item price by dividing the total price for the item by Engineer's estimate of the estimated quantities of work to be performed as items of work.

If the Proposal contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Proposal shall be disregarded.

It is understood that this bid is based upon completion of the work within a period of 60 working days commencing on the day the Notice to Proceed is issued.

The amount of the liquidated damages to be paid by the Contractor for failure to complete the entire work by the Completion Date (as extended, if applicable) will be $250 (Two-Hundred Fifty Dollars) for each calendar day, continuing to the time at which the work is completed . Such amount is the actual cash value agreed upon as the loss to the City resulting from Contractor's default.

The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other contract documents, and the undersigned is satisfied with all conditions for the performance of the work.

The undersigned has checked carefully all ofihe above figures and understands that the City of Folsom will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

The contractor shall initial below that he has received the appropriate addenda and has incorporated the addenda into his bid.

Addenda eceived and Aclcnowled ed
No. I
No.2
No. 3
April 2022
April 29, 2022
2 Sealed Proposal

07/26/2022 Item No.7.

BID DEPOSIT ENCLOSED lN THE FOLLOWING FORM :
$ ____ _____ ____ not less than ten percent ( 10%) of amom1t bid. 0 CERTIFIED CHECK
0 MONEY ORDER
0 CASHIER'S CHECK

III BIDBOND

CONTRACTOR
Cooper Oates Air Conditioning
By:

Address: 6250 Sky Creek Dr
Sacramento, CA 95828
Telephone No.: 916-381-4611
NOTE: As of March 1, 2015 Contractors (and sub-contractors) wishing lo bid on public works contracts shall be registered with the State Division of fudustrial Relations and certified to bid on Public Works contracts. Please register at:
hllps://efiling.dir.ca.gov/PWCR/ActionServlet?action==displayPWCRegistrationForm License Required: Required license to perform the requested service.

Valid Contractor's License No. _6_1_1_3_51 _______ is held by the bidder.

The Expiration date is January 31 , 2023
Dept. of Industrial Relations (DIR) Registration No . 1000000176 Representations contained within this bid are made under penalty 9f perjury.

April 2022 3 Sealed Proposal

07/26/2022 Item No.7.

SUB-BIDDER FOllM
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts.

Please register at:
hlt s;//efilin .dir.ca . ov/PWCR/Actio11Servlet?action ==dis la PW Re islrationFo rm In accordance with Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each subcontractor who will perform work amounting to more than one half of one percent (0.05%) of the Total Cost Base Bid. In addition, this form will be used to determine if the bidder is responsive to Section 2.08 of the General Provisions.

Name of Sub-Bidder Street Address of Shop, License Dept. of Portion of Percentage Mill, or Office Type and Ind. Work to be of Total
(Shall be completed within Number Relations Done by Work 2 working days of bid Reg . No. Specification
opening by apparent low Section
bidder)
7 512 Pacific Ave Pleasant 1000009236 Equipment Lift 3% Maxim Crane Grove CA 95668 860395 Crane Services Automated Electric Inc 11300 Sanders Dr Ste 9 C-10, C-20 Controls Rancho Cordova CA 9574; 981065 1000004291 20%
Pacific Power Electric 251 Opportunity St Ste B C-10 1000048835 Electrical 3% Sacramento, CA 95838 2013923 disconnects Circa Balance 4100 Florin Perkins C-61, D-62 Air balance 5% Sacramento, CA 95826 624117 100004883~ pre-balance January 2022 Sub-Bidder Fonn

07/26/2022 Item No.7.

AK Mechanical Inc.

I 040 Paso Dinblo Ct.

Placerville, Ca. 95667
MECHAt~ICAL Ca. Lie. 97324 t
Phone 530 417 2862
Exhibit J
City Of Folsom HVAC Replacement Proposal
Table of Contents
1:RFP
2:Coverletter/Scope
3: Cost Proposa I
4: Relevant Experience
5: Contractors License and Business License

Copy

07/26/2022 Item No.7.

PARKS AND RECREATION DEPARTMENT
48 NATOMA STREET
Cu~'7
FOLSOM, CALIFORNIA 95630

PROJECT MANUAL
FOR

FOLSOM CITY HALL

BOILER & HV AC REPLACEMENT

DESIGN-BUILD PROJECT
No Fee

FOR PRE-PROPOSAL INFORMATION CONTACT

CHRIS OKEEFE
[email protected]
(916) 461-6684

PROPOSALS TO BE RECEIVED BEFORE
2:00 P.M., TUESDAY MAY 3, 2022 AT:

CITY OF FOLSOM

CITY CLERK'S OFFICE
ATTN: CHRIS O'KEEFE
50 NATOMA STREET
FOLSOM, CA 95630
~
CJT\f OF
FOLSOM
f'l.-.n111.~ A. tt lC IJ£ ... l"I ON
D tP ,11,.RT Kl:NT

07/26/2022 Item No.7.

NOTICE TO CONTRACTORS
Sealed Proposals will be received by the City Clerk's Office for the City of Folsom at, 50 Natoma Street, Folsom, California 95630 up to the hour of 2:00 P.M. on Tuesday, May 3, 2022 for construction of:

CITY OF FOLSOM

CITY HALL BOILER & HV AC REPLACEMENT

DESIGN-BUILD PROJECT
In accordance with the Contract Documents issued by the City of Folsom. Proposals must be submitted on printed forms supplied by the Department of Parks and Recreation enclosed in an envelope marked:

SEALED PROPOSALS FOR:

CITY OF FOLSOM

CITY HALL BOILER & HVAC REPLACEMENT

DESIGN-BUILD PROJECT
Copies of the Sealed Proposal forms and accompanying documents (specifications and drawings) are available electronically on-line at W\VW.CIPLIST.COivi Contractor's License: A, B or C-20 Air Conditioning/C-4 Boiler Requests for technical information or clarification shall be directed to the City's representative, Chris O'Keefe cokcfe@,.fu_lso1n.ca.ns (916) 461-6684.

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.

Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public 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 the job site and prohibitions against discrimination. The prevailing rates so determined are on file with the City Clerk and they are available for public inspection. They may also be obtained on the internet at h!!.Jl://w ww.dir.·u .gov/dl.sr/DP reWaueD terminnli on.htm. Those prevailing wage rates hereby are incorporated in this Contract and made a part hereof. (See General Provisions, Article 6, Section 6.01)
As of March 1, 2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
l11tps://cl1lin!l.dir.rn.gov/PWCR/1\cr io11·ser let?action= displa,:P WCRt gistrationFonn April 2022 Notice to Contractors

07/26/2022 Item No.7.

Pursuant to California Public Contracts Code, any conlract awarded pursuant to this invitation for bid shall include a provision permitting the substitution of securities for any moneys withheld to ensure performance under the contract. The terms of such provisions shall be according to the requirements of the Public Contracts Code Section 22300.

Each bid must be accompanied by security consisting only of cash, California Bank Cashier's Check, Certified Check, California Bank Money Order, or bid bond made payable to the "City of Folsom" in the sum often percent (10%) of the sum of the proposal.

The Contract will be awarded to the lowest responsive responsible Bidder based on any combination of Base Bid and Alternates as dete1mined by the City. This process is conducted by the City in a "blind selection" fonnat, i.e., without knowledge of the identity of any of the Bidders before ranking ofall Bidders from lowest to highest has been determined. All awards will be made in the City's best interest.

The right to reject any and all bids or waive any informality in any bid received is reserved by the City Council.

April 2022 2
Lorraine Poggione
Parks and Recreation Director
Notice to Contractors

07/26/2022 Item No.7.

PROJECT OVERVIEW

1. PROJECT DESCRIPTION
The City of Folsom is conducting a fonnal Request for Proposals (RFP) to provide design-build services for the replacement of two (2) Lochinvar natural gas boilers (BOILERS) and the Heating Ventilation and Air Conditioning (HVAC) equipment and systems at the Folsom City Hall, 50 Natoma Street, Folsom, CA. The contractor shall work with the City of Folsom facilities and local utilities to determine if rebates are available for this project, and to identify replacement boilers that meet the performance criteria called for in the rebate program.

The General / Prime / Contractor / Lead Entity allowed to participate in the RFP process must meet and provide the minimum license requirements as follows:

1. Current and good standing Business License

2. Proof of a valid A, B, or C-20 License for HV AC and electrical work.

Compliance: All service(s) rendered shaJI be in compliance with all applicable federal, state, local, and OSHA regulations. The selected Contractor shall possess any, or all, required licenses required to perform the requested service.

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.

Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public 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 the job site and prohibitions against discrimination. The prevailing rates so determined are on file with the City Clerk and they are available for public inspection. They may also be obtained on the internet at hup://www.dir.C,l.!H •/cllsr/DPrcWau ·L>r:t ,rn1imninn.l 1111. Those prevailing wage rates hereby are incorporated in this Contract and made a part hereof. (See General Provisions, Article 6, Section 6.0 I)
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
btu> ·://efilin!!.dir.ca.l! v/P ~1CR/Aclio1 Servld?tl ·tion=displavP ~1CR f!isu·ati(l11For111 Pursuant to California Public Contracts Code, any contract awarded pursuant to this invitation for bid shall include a provision permitting the substitution of securities for any moneys withheld to ensure performance under the contract. The terms of such provisions shall be according to the requirements of the Public Contracts Code Section 22300.

Each bid must be accompanied by security consisting only of cash, California Bank Cashier's Check, Certified Check, California Bank Money Order, or bid bond made payable to the "City of Folsom" in the sum often percent (10%) of the sum ofthe proposal.

07/26/2022 Item No.7.

The right to reject any and all bids, or waive any infomiality in any bid received is reserved by the City Council.

2. PROJECT LOCATION

BOILERS
The two (2) Lochinvar natural gas boilers and associated equipment to be replaced are located on the 2nd Floor Mechanical Room of the Folsom City Hall building. Access to the Utility Room is through the City Council Chambers, up two flights of stairs, and across two landings. Access to the Utility Room can also be accomplished by way of a door on the roof. Please see Mechanical Room Location Map in Appendix A.

HVAC
The HVAC units are located on the roof of the Folsom City Hall building. Access to the roof is through the Council Chamber, up two flights of stairs, and across two landings. The roof is accessed through a door in the Mechanical Room. Please see the HVAC Location Map in AppendixB.

3. PROPOSAL REQUIREMENTS
Sealed Proposals will be received by the City Clerk's Office for the City of Folsom at 50 Natoma Street, Folsom, California, 95630, up to the hour of 2:00 P.M. on Tuesday May 3, 2022 for the design-build removal and replacement of gas boilers and HVAC system.

The City of Folsom is seeking qualified contractors for design build work relating to the removal and replacement of gas boilers and HVAC equipment and fixtures, control systems, electrical upgrades and improvements. The contractor is expected to prepare all documents, and provide and install all equipment described in the scope of work.

4. SCOPE OF WORK - DESIGN-BUILD SERVICES FOR THE BOILER

REPLACEMENT
A. Project Start-up Phase

1. Project Coordination & Mobilization (NTE 5%)
B. Design Phase
The Design-build Contractor shall provide all the necessary engineering, material procurement, labor, materials, tools, equipment, supplies, services, components, and disposal, and comply with the contract's General Conditions to successfully complete the replacement of existing Boiler units to the satisfaction of the City of Folsom.

1. Provide mechanical schematic design drawings for new and modified equipment, including Title 24 compliance documentation.

2. Secure all necessary electrical and mechanical permits, and/or demonstrate proof that quality and standards meets or exceeds Folsom Municipal Code requirements. Obtain No Fee Permit through the City of Folsom Building Department.

3. Determine if the project is eligible for utility rebates and assist City of Folsom staff in preparing rebate submittal if rebates are available.
2

07/26/2022 Item No.7.

C. Construction Phase

1. Disconnect, remove, and legally dispose of offsite the following:
a. Two (2) existing Lochinvar PBN0750 boilers.
b. Demo existing flue vent, old hot water piping, and gas piping as required to facilitate the installation of the new equipment.

2. Provide and install two (2) new boilers (Lochinvar FTXL 97.3% or equivalent) a. Provide new flue vent
b. Provide new circuits and disconnects
c. Provide new drain pan
d. Provide new pump
e. Connect new equipment to existing system
f. New boilers and pumps to existing HW system
g. New boilers to existing gas piping
h. Complete Installation of New Equipment

1. Insulate new HWS/HWR piping
J. Provide pipe identification
D. Project Close-out Phase
a. Test new equipment to confirm functionality
b. Start-up and leak check
c. Clean-up of project site
d. Approval from City on installation
e. Owner training

5. SCOPE OF WORK - DESIGN-BUILD SERVICES FOR THE HVAC

REPLACEMENT
J. Project Start-Up Phase

1. Project Coordination & Mobilization (NTE 5%)

2. Design Phase
The Design-build Contractor shall provide all the necessary engineering, material procurement, labor, materials, tools, equipment, supplies, services, components, and disposal, and comply with the contract's General Conditions to successfully complete the replacement of existing HVAC units to the satisfaction of the City of Folsom.

The work includes, but shall not be limited to the foltowing:

1. After the work is awarded, the contractor shall conduct a Site Survey and gather all the information required to proceed with the engineering, based on the agreed Scope of Work (SOW). The contractor shall report any discrepancies or necessary changes to the SOW.

2. After the Site Survey, the contractor shall design a functioning system based on the agreed SOW. The contractor will prepare engineering drawings using AutoCAD format.

These drawings are to be available in electronic format; any additional drawings required for the design package shall be created by the contractor. 3

07/26/2022 Item No.7.

3. Upon review and approval of the design and all related submittals, the contractor will then proceed with the permitting, material procurement, and construction phase of the project.

4. The contractor's design drawings shall include, but not be limited to:
a. Schedule of equipment showing capacities, models, weights, and accessories. b. All proposed equipment shown on dimensioned drawings. c. Any details and sections that are required to clearly indicate the installation. d. Method of connecting to the facility.
e. Any variances or modifications from the City's scope of work.

5. Design Submittal Requirements
The Design-Build Contractor shall obtain all required approvals and permits prior to proceeding with the installation of the work in this SOW. The Design-Build Contractor is responsible for the review of electrical specifications, equipment performance specifications and related design criteria prior to the purchase of equipment, materials, and insta11ation of work. The Design-Build Contractor shall submit the following information considered as the Design Submittal:

Provide engineering drawings and material submittals with equipment type, manufacturer, mode), EER Rating, options, quantity; cut sheets, and product warranties (submitted within IO days from the Notice to Proceed).

C. Construction Phase
General Description of Requirements
HVAC Equipment
• Demolish existing HVAC units in accordance with all equipment defined in Attachment B.
• Contractor shall be responsible to haul all demolished units and ancillary equipment offsite.
• Procure, install, and commission new high efficiency units. Equipment shall meet or exceed efficiency requirements as outlined by prevailing Title 24 Standards & Regulations.
• Unit weight shall not exceed 5% above existing HVAC unit weight .

Electrical
• Disconnect and demo existing electrical connections and disconnect switches . • Install new disconnect switches and conduit to the new units .

Plumbing
• Demo existing hydronic ball valves, control valves, and strainers as needed . • Furnish, install, and commission new ball valves, control valves, and strainers . 4

07/26/2022 Item No.7.
• Demo existing condensate drains and traps .
• Install new condensate drains and traps .
• Pressure test piping .
• Furnish NEBB Certified Report if necessary .

Ducting and Air Distribution
• Re-use existing ductwork
• Evaluate existing VAV system to determine if it can be re-used .

Controls
• Install smoke detector and connect to existing fire alarm systems . • Install new thermostats
• Evaluate the feasibility of installing occupancy sensors . • Replace existing Trane control system with non-proprietary control system . • Furnish as-built control diagrams, label control wiring, sensors, and cabinets . • Integrate new HVAC equipment into the new control system Commissioning
• Commission equipment and controls .
• Document and submit Commissioning Log for all equipment as outlined in the sow.

D. Project Close-out Phase

1. Test new equipment to confirm functionality

2. Start-up and leak check

3. Clean-up of project site

4. Approval from City on installation

5. Owner training

6. Close-Out Documents
a. List of Manufacturers with contact information and parts reordering information for all products installed.
b. As-built drawings of HY AC unit replacements and thermostat installations. c. Commissioning checklist for each HV AC unit as outlined in Attachment C.

6. General Requirements
A. The Scope of Work is provided to the Design-Build Contractor for information purposes only. Design-Build Contractor assumes all the responsibility for site verification of equipment for replacement with high-efficiency units, controls, and other items required to successfully complete the Boiler and HV AC replacements, and meet the necessary building and safety codes.

B. Design-Build Contractor shall become familiar with details of work in the field and shall advise City of Folsom Project Manager of any discrepancy prior to performing any tasks, including but not limited to existing and proposed equipment quantities, building and area locations, etc. The Design-Build Contractor shall thoroughly investigate and satisfy itself of the conditions affecting the work prior to construction start. 5

07/26/2022 Item No.7.

C. The selected contractor will be required to work closely with the designated Project Manager for the City of Folsom. The Contractor shall identify an individual who will serve as the key contact person and to specify other staff who will perform various tasks.

D. Required information to be included in response to this RFP:

I. Cover letter: signed by an individual authorized to make commitments on behalf of the design-build contractor/team.

2. Statement of Project Understanding: Provide a description of the design-build contractor/team's understanding of the project, describing both the design process as well as the construction (build) process of the project. This may be included as part of the Cover Letter.

3. Relevant Experience: Provide design-build contractor/team'.s qualifications and specific project related experience.

4. Cost Proposal: Provide a cost proposal, indicating breakdowns per task as identified in the Proposal Form.

6. The successful contractor shall be required to sign the Construction Agreement for Design Build shown in Exhibit A of this RFP.
7 InstructJons for Submittine Proposals
Three (3) copies of the requested information should be delivered to the following address not later than 2:00 PM on Tuesday, May 3, 2022:

City of Folsom, City Clerk's Office
Attn: Chris O'Keefe, Facilities Maintenance Supervisor
50 Natoma Street
Folsom, Ca 95630
All requests for clarification must be received no later than April 25, 2022 at 5:00 PM and must be sent via email to the contact provided below or by mail to the address sited above. Requests for clarification submitted after this date will not be responded to. Responses to requests for clarification will be posted and distributed as an addendum to this RFP and will be posted on the City website, CIPlist.com, and any other venue used by the City for posting this RFP. Requests for clarification shou Id be sent to:

Chris O'Keefe, Facilities Maintenance Supervisor
Email: [email protected]
Phone: 916-461-6684
Contractor must submit a signed copy of the addendum (if any) with their response as acknowledgement of receiving the additional infonnation.

The City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code section 6250, et seq.), unless City identifies and exercises a right or obligation to exempt any record from public disclosure. [fa contractor believes that any portion of its proposal is subject to a legal exception to public disclosure, they must clearly 6

07/26/2022 Item No.7.
mark the relevant portions of their proposal as "Confidential" and identify the legal basis for exemption from disclosure under the Public Record Act. The City Attorney's office will determine if the information is in fact confidential, based on state and federal law. Note that under California law, a price proposal to a public agency is not a trade secret. Contractor shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the "Confidential" portion of the proposal.
8 Proposal Selection Process and Criteria
The criteria that will be considered in the evaluation of proposals is summarized below. The City's final selection will not be dictated on any single criteria, including price. The relative importance of the criteria involves judgment on the part of the City's selection committee and will include both objective and subjective analysis. A contractor may be eliminated from consideration for failure to comply with any of the requirements, depending upon the critical nature of such requirements.

Proposals will be evaluated using the following criteria:

Project Understanding 30 Points
Relevant Experience 30 Points
~C:.::oo.,,,,st'---- ----- - ----4~0 ~o· ts
Total Possible Points 100 Points
The above selection criteria are provided to assist the proposer and are not meant to limit other considerations, which may become apparent during the course of the selection process.

The City reserves the right to reject any and all proposals. Elements and/or tasks may be added or deleted at the discretion of the City pending negotiation of the scope of work and compensation.

The Design-Build Contractor/team selected to perform the work will be required to complete the City of Folsom Construction Agreement for Design Build (Attachment A) and must meet the insurance requirements stated therein.
9 Rights Reserved by the City of Folsom
The City reserves the right to waive informalities in proposals. The City is not obligated to award all tasks of the proposal selected but may award any combination of tasks best suited for completion of the project as the City envisions it. Elements and/or tasks may be added or deleted at the discretion of the City pending negotiation of the scope of work and compensation. 10 Folsom City Hall Existing HVAC ScheduJe
Unit Carrier Model # CFM Power Seer
AC 1 50DK084 35,000 460V 9.3
AC2 48DJD024 6,200 460V 9.4
AC3 S0DK034 12,000 460V 9.3
7

07/26/2022 Item No.7.

I S0DK034 12,000 460V
11 Folsom City Hall Existing BVAC Control System
Trane Tracer Summit Version 17
12 Folsom City Hall Existing Variable Air Volume

1. Titus AESV 3000

2. 30 Cooling Only VA V Boxes

3. 45 Reheat VAV Boxes
8 9.4

07/26/2022 Item No.7.

CITY OF FOLSOM

SEALED PROPOSAL
(MUST BE SIGNED BY BIDDER)
Sealed Proposals will be received not later than 2:00 P.M on Tuesday, May 3, 2022, at the City of Folsom City Clerk's Office, 50 Natoma Street, Folsom, California.

TO THE HONORABLE CITY COUNCIL:

The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for

FOLSOM CITY HALL

BOILER & HVAC REPLACEMENT

DESIGN - BUILD PROJECT
in the City of Folsom, County of Sacramento, California.

The work is to be done in strict conformity with the Contract Documents, at the following Lump Sum and/or Unit Prices:

ITEM UNIT
NO. ITEM QTY UNIT PRICE TOTAL
BOILER

1. PROJECT START-UP PHASE 1 LS $ $ .,l.)_O~. er-

2. DESIGN PHASE LS $ $ Jl-,W.UO

3. CONSTRUCTION PHASE LS $ $ 9-J.l q1_3, 11o
i

4. PROJECT CLOSE-OUT PHASE LS $ $ lj__2o~W
SUB-TOT AL BOILER $ /fJJ,sD9, DV
HVAC

5. PROJECT START-UP PHASE 1 LS $ $ .!55;){).0l)

6. DESIGN PHASE l LS $ $ J_l{ I l:i-f ()' OD ,

7. CONSTRUCTION PHASE LS $ $ KID, 2]b.(J[)

8. PROJECT CLOSE-OUT PHASE LS $ $ », Dfs'O .OD '
SUB-TOTAL HV AC $ i,::i S l ~, OD I
TOTAL BASE Bm BOILER AND HVAC: $ 9 b.~ 6.:)~ trD
)
Total Project Bid, Item :s. 1 through 8, shall be (spell out) --.,/Jc...:;......i..,'w;::;.;:,,,,._....:...;h..,._vvJ~~~-$.,_,\~Y.~i-rr:>-J--G.>....?!w:..r..:..-c_1_i_.W>~u:....!.;SJ=w~,J,~±v-,~~e~v\..:..1..br~~:..2.:'V!LL-==----Dollars .

April 2022 1 Sealed Proposal

07/26/2022 Item No.7.

If awarded the contract, the undersigned shall execute said Contract and fumish the necessary bonds within ten (10) calendar days after the Notice of Award of said Contract and begin work within ten (10) calendar days from and after receipt of written Notice to Proceed from City to Contractor.

In determining the amount bid by each bidder, the City of Folsom (City) shall disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Proposal. When such a mathematical error appears on the Proposal, the City shall have the right to con·ect such error and to compute the total amount bid by said bidder on the basis of the cotTected figure or figures.

When an item price is required to be set forth in the Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Engineer's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the Proposal contain only a total price for the item and the item price is omitted, the City shall detennine the item price by dividing the total price for the item by Engineer's estimate of the estimated quantities of work to be performed as items of work.

Tf the Proposal contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Proposal sha11 be disregarded.

It is understood that this bid is based upon completion of the work within a period of 60 working days commencing on the day the Notice to Proceed is issued.

The amount of the liquidated damages to be paid by the Contractor for failure to complete the entire work by the Completion Date (as extended, if applicable) will be $250 (Two-Hundred Fifty Dollars) for each calendar day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from Contractor's default.

The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other contract documents, and the undersigned is satisfied with all conditions for the performance of the work.

The undersigned has checked carefully all of the above figures and understands that the City of Folsom will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

The contractor shall initial below that he has received the appropriate addenda and has incorporated the addenda into his bid.

Addenda Received and Acknowl edged
No. l
No.2
No.3
April 2022 2 Sealed Proposal

07/26/2022 Item No.7.

CERTIFICATE OF AUTHORIZATION
(If Bidder is a Corporation or a Limited Liability Corporation)

STATE OF CALIFORNIA
COUNTY OF El l1J4klu
I HERE Y CERTIFY that at a meeting of the Board of Directors of the ,~ ~ aro~_ra_ti_o_n_e_u_·~-~-g- u_n_d_m_t_h_e laws of the State of California, held on .1, / l.S ~ , 2~ the following resolution was duly passed and adopted:
"RESO~ ED, )hat .s:::c,jt ;)✓~\..,..... ,
as £<:~ l-t:.1fL...re sidento'fi th~ ~orporation , be and is hereby authorized to execute the Bid dated ..;..i.!S:¥~ L;f!:f,-==---__ _, 20,2.),. to the City of Folsom and this Corporation and that hi /her execution thereof, attested by the Secretary of the Corporation, and with the Corporate seal fixed, shall be the official act and deed of this Corporation."
1 further Certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF, l,have hereunto set my hand and affixed the official seal of the Corporation this M ~ ✓ J !-- day of /4,1 J .... / , 20 ..).~ r ' I
Corpo~Officer
/D1/0 p10 J~,;J~ Jo C+,
(seal)
Corporate Address
--- -----
January 2022 Certificate of Authorization

07/26/2022 Item No.7.

SUB-BIDDER FORM
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts.

Please register at:
hlq s://cl"ili111.t. lir. ·a.gov/I W 'IV/\ ti ,nS~rvld?a tion= Ii ·plnvPWCRcgisLrnliunl orm In accordance with Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for eac.h subcontractor who will perform work amounting to more than one half of one percent (0.05%) of the Total Cost Base Bid. In addition, this form will be used to determine if the bidder is responsive to Section 2.08 of the General Provisions.

Name of Sub-Bidder Street Address of Shop, License Dept. of Portion of Percentage Mill, or Office Type and Ind. Work to be of Total
(Shall be completed within Number Relations Done by Work 2 working days of bid Reg. No. Specification
opening by apparent low Section
bidder)
~R,l-c::.. J\A,r~,-u

1. T3'f TS/>.Jvf r.v- Dll- ~li c . .:io ICWl'.l6 rz~~~ !fti Sclu~'-vC~fo,t~vS(Q, 119D~OO St.ii ~k ~ Ml ~ { ,oqri,v.ui'i~ Pie.v-r ~5LE t ()(>66 O Cv"'-t.llO l.>
.
~~"'~,+ ~k\~ 27% ~. &I~. CA- q5"U>S' ~IJO'/:l~ ()§/ C(J...,,.,t.., s HCM '-4 I
January 2022 Sub-Bidder Form

07/26/2022 Item No.7.

THE FOLLOWING FORMS TO BE FILLED OUT AND SIGNED
ONLY

IF AWARDED CONTRACT
January 2022

07/26/2022 Item No.7.

CONSTRUCTION AGREEMENT

FOR DESIGN-BUILD SERVICES
THIS AGREEMENT, dated for identification as of
municipal corporation, (hereinafter called "City"), and , 20 , is between the CITY OF FOLSOM, a
, (hereinafter called "Contractor").

The parties hereto mutually agree to the terms and condition set forth herein.

1. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents.

B. The Contract Documents shall include the Notice to Contractors, the completed Proposal Form submitted by Contractor, this Agreement, the Bid Bond, the Performance Bond, the Payment Bond, the Standard Construction Specifications, the General Provisions, the Special Provisions, Exhibits, the Contract Drawings and Plans, the Technical Specifications, any project-specific specifications or documents, all duly issued Addenda, Interpretations, Field Instructions, Written Directives, Supplemental Drawings, the Contractor's Guarantee and Bond, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders.

C. The Standard Specifications shall mean and refer to the current Standard Construction Specifications of the City of Folsom, which are incorporated herein by this reference as if set forth herein.

2. AGREEMENT CONTROLS
In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. Unless otherwise specifically provided herein, all works and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.

3. SCOPE OF CONTRACT
Contractor Name
Project
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of City, all the work called for, and in the manner designated in, and in strict conformity with the Project entitled :
1

07/26/2022 Item No.7.

4. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, DOLLARS ($ ) as the stipulated sum price which Contractor bid in his Proposal Form.

6. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the Standard Specifications.

6. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract, City is authorized to charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay City's charges against him, City shall have the right to recover the balance from Contractor or his sureties.

7. TIME OF COMPLETION
A. The entire work shall be brought to completion in the manner and within the time period provided for in the Contract Documents, commencing on the date of issuance of the Notice to Proceed.

B. Failure to complete the entire work by the completion date and in the manner provided for by the Contract qocuments shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents .

8. INSURANCE
)
Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the Contract Documents, including, but not limited to, Exhibit A, attached hereto and incorporated herein by reference.

9. NO WAIVER OF REMEDIES
A. Neither the inspection by City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by City, nor any extensions of time, nor any position taken by City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach.

B. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and City shall have any and all equitable and legal remedies which it would in any case have.

10. DETERMINATION OF DAMAGES
A. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions and, it is impracticable and extremely difficult to fix the actual damages. Damages which City would suffer in the event of delay include loss of the use of the project , and, in addition, expenses of prolonged employment of an architectural and engineer ing staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City of Folsom by reasons of the delay in the completion of the project to serve the public at the earliest possible time.

B. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he understands, has ascertained and agrees, that the amounts set forth herein 2 Contractor Name
Project