Vallejo City Council
May 13, 2025

The apparent lowest responsive bidder for Region 8 is
New Image Landscape Company, in the amount of $349,992 for one year of monthly maintenance services.

All submitted bid documents appear to be complete, in order, and satisfy the requirements of the specification as advertised.

The contract will span one year, with the option for four one-year extensions. It includes a maximum 3% increase based on the Consumer Price Index (CPI) and allows for change orders or additional services up to $60,000 per contract year. Over the past five years, change orders have ranged from approximately $34,000 to $50,000. Staff recommends awarding the contract for Region 8 to New Image Landscape Company for a total not to exceed $2,158,155 for its duration.

Year 1 Year 2* (If
extended)
Year 3* (if
extended)
Year 4* (if
extended)
Year 5* (if
extended)
Total 5 years
(contract life)
Region 8 Base Contract $349,992 $360,492 $371,307 $382,446 $393,919 $1,858,155 POTENTIAL rehab
maintenance/additional
work
$60,000 $60,000 $60,000 $60,000 $60,000 $300,000
Totals (Annual+
potential rehab)
$409,992 $420,492 $431,307 $442,446 $453,919 $2,158,155 *Estimated using 3% CPI Increase per FY

4 Elite Maintenance & Tree
Services
$397,752

FISCAL IMPACT
There is no impact to the General Fund with the approval of this item.

Costs for the landscape maintenance services in Region 8 LMDs are funded through assessments of the property owners within the region. Assessments received from each LMD are only expended in the LMD from which these funds are collected. The annual landscape maintenance costs for each specific LMD region are within their overall approved budgets.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h) because it authorizes the maintenance of existing landscaping.

ATTACHMENTS

1. RESO Award Region 8_CAO Stamp

2. Region 8 - New Image - Annual Landscape Maintenance Services Contract_CAO Stamp

CONTACT
Melissa Tigbao P.E., Public Works Director, (707) 648-4433 [email protected]

RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AWARDING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 8 TO NEW IMAGE LANDSCAPE COMPANY OF FREMONT, CALIFORNIA FOR A MAXIMUM AMOUNT NOT TO EXCEED $2,158,155, AND REJECTING

ALL OTHER BIDS
WHEREAS, the City of Vallejo has 27 Landscape Maintenance Districts (LMDs) and, for contracting purposes, those districts have been organized into regions, with Region 8 containing Glen Cove I & II and Glen Cove III; and
WHEREAS, on February 20, 2025, the City of Vallejo advertised the Annual Landscape Maintenance Services Contract for Region 8 (the “Contract”) and on March 13, 2025, publicly opened bids; and WHEREAS, New Image Landscape Company, a California corporation, submitted the lowest responsive bid for Region 8 in the amount of $349,992 for one year of regular monthly maintenance; and WHEREAS, the Contract has a term of one year and allows the City to exercise up to four one- (1-) year extensions with an annual maximum CPI adjustment of 3% for a maximum not-to-exceed amount of $2,158,155 over five years should all extensions be exercised; and WHEREAS, there is adequate funding to award the Contract for up to a five-year term.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo that an invitation for bids was duly advertised.

BE IT FURTHER RESOLVED by the City Council of the City of Vallejo that New Image Landscape Company, of Fremont, California is determined to be the lowest responsive bidder and is hereby awarded a contract in the not-to-exceed amount of $2,158,155 for Region 8, for the original Term and all approved extensions and said contract is awarded to said low bidder at the prices bid.

BE IT FURTHER RESOLVED that all other bids to-wit:

Region 8:

Priority Landscape Services LLC $352,800
North Bay Landscape Management, Inc. $375,000
Elite Maintenance & Tree Services $397,752
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract between the City of Vallejo and New Image Landscape Company, of Fremont, CA, with any modifications recommended by City Attorney, and the City Clerk to attest the signing of the contract.

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 13, 2025, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________

ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT
FOR
REGION 8 - ANNUAL LANDSCAPE MAINTENANCE SERVICES
THIS CONTRACT (“Contract”) made and concluded in duplicate this 1st day of July, 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and New Image Landscape Company, a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said plans and specifications; and,
WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and,
WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said plans and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and, WHEREAS, Contractor was the lowest responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for the work and award to it a contract therefore.

NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. Scope of Work. The work to be done is shown in Exhibit A, entitled “Plans and Specifications,” which is incorporated herein by this reference.

The Contractor shall provide all labor, tools, and materials to do the work according to the

terms and conditions specified herein and as provided for and set forth in said plans, specifications, and any addendum that may be issued prior to the date of bid, or in either of them, which said plans and specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:
(a) This Contract, including Exhibits A, B, and C;
(b) Contractor’s accepted Proposal;
(c) Change Orders, if approved;
(d) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(e) City of Vallejo Standard Specifications and Standard Drawings dated, December 20, 2011;
(f) Vallejo Flood & Wastewater District Engineering Design Standard, dated July 2020, and Engineering Standard Details, dated July 2020; and (g) Any other documents identified as such in the Contract Documents.

2. Terms and Conditions. This Contract consists of the Contract Documents identified in Section 1(a)-(g) above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.

The said Contractor agrees to receive and accept the prices set forth in the proposal in the annual amount of $349,992 with an annual maximum adjustment of 3% as measured by the Consumer Price Index for All Urban Consumers for the San Francisco-Oakland- Hayward area over the previous 12-month period for a maximum not to exceed Two Million One Hundred Fifty-Eight Thousand One Hundred Fifty-Five Dollars and Zero Cents ($2,158,155.00) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA. Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth in Exhibit B, entitled “Compensation”, in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.

The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

4. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Contractor.” Failure to maintain required insurance at all times shall constitute a default and material breach.

5. Term. The term of this Contract shall commence on July 1, 2025 and shall continue in full force and effect until June 30, 2026.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one (1) year, by written notice to Contractor. The total duration of this Agreement, including the exercise of any options under this section, shall not extend beyond June 30, 2029.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to affect such continued payment are not appropriated, Contractor agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

If any option is exercised by the City, an increase may be granted equal to the average percentage variant for the previous twelve (12) months in the Consumer Price Index for All Urban Consumers (CPI-U), calculated by the U.S. Department of Labor, Bureau of Labor Statistics (BLS) for the Consolidated Metropolitan Statistical Area (CMSA) covering San Francisco-Oakland-San Jose.

6. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: Melissa Tigbao
Public Works Director
Public Works Department – LMD Region 8
555 Santa Clara Street
Vallejo, CA 94590
If to Contractor: Jeffrey Suzuki
General Manager
New Image Landscape Company
3250 Darby Common
Fremont, CA 94539
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

7. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Plans and Specifications,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments

SIGNATURES ARE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

New Image Landscape Company
a California corporation
By:

Jeffrey Suzuki
General Manager
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Andrew Murray
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao, P.E.

Public Works Director
APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager

EXHIBIT A

PLANS AND SPECIFICATIONS
SECTION A – DESCRIPTION OF PROJECT

1. Location: City of Vallejo

2. Representatives. The City Representative for this Agreement is:

James Olson
Senior Landscape Inspector
Public Works Department
Engineering – LMD Region 8
555 Santa Clara Street
Vallejo, CA 94590
(707) 648-4315
[email protected]
The Contractor’s Representative for this Agreement is:

Jeffrey Suzuki
General Manager
New Image Landscape Company
3250 Darby Common
Fremont, CA 94539
510-226-9191
[email protected]
All routine administrative communications between the parties will be between the above- named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Contractor Representative and City’s Representative.

SECTION B – GENERAL REQUIREMENTS

1. Definitions and Terms
A. Standard Specifications – The Standard Specifications of the State of California, Department of Transportation, Division of Highways, July 1995 edition. Any reference therein to a State Agency or officer shall be interpreted as the corresponding City office or officer acting under this contract with address at City Hall, Vallejo, California 94590.

B. City – The City of Vallejo.

C. City Council – The governing body of the City.

D. Landscape Maintenance Manager (LMM) – The City management staff or his/her authorized managing agent who shall represent the City during the term of the contract.

E. City Specifications – The City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition.

F. VFWD – Vallejo Flood and Wastewater District’s Standard Specification, March 2007.

G. Landscape Inspector (includes Sr. Landscape Inspector) – The authorized agent who may represent the Landscape Maintenance Manager.

H. Responsibility of Contractor, Hold Harmless & Indemnity Agreement – The Contractor shall take all responsibility including stewardship for the work and shall defend, indemnify, release and hold harmless the City, its officers, officials, directors, employees, agents and volunteers, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract of work regardless of responsibility for negligence (including costs and expenses, which include attorney’s fees, incurred in connection therewith) and from any and all claims, loss, damage, injury, and liability, howsoever the same may be cause, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence (including costs and expenses, which include attorney’s fees, incurred in connection therewith), but excluding liability due to the sole negligence or willful misconduct of the City.

The City, pursuant to this contract and indemnity agreement, may, at the time of preparing and certifying the final voucher, and as a condition of preparing and certifying the same, require the Contractor to continue his bond or any part thereof, as security against any such unsatisfied claims, for a time not exceeding the time when such claims would be legally barred.

Approval of the insurance contracts required does not relieve the Contractor or subcontractors from liability under this hold harmless and responsibility clause.

The provisions of this section shall survive the expiration or termination of the Contract and are not limited by any provisions relating to insurance.

2. Scope of Work
A. General – Attention is directed to the provisions of “Section D – Special Provisions” of Exhibit A of this Contract, as supplemented herein, for the requirements and conditions concerning the scope of the work.

B. Increased and Decreased Quantities – The quantities given in the proposal form and Contract are approximate only, being given as a basis for the comparison of bids. The City of Vallejo does not, expressly or by implication, agrees that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work. All items of work will be paid for at the respective prices negotiated for such work done and accepted by the City.

C. Hours of Work – Normal working hours are 7:00 AM to 5:00 PM, Monday through Friday, excluding holidays observed by the City. No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the City.

3. Legal Relations and Responsibility
A. Hours of Labor – The Contractor shall forfeit, as a penalty, to the City, Twenty-Five Dollars ($25.00) for each work-person employed in the execution of the contract by the Contractor or any subcontractor under him/her for each calendar day during which such work person is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of provisions of the Labor Code of the State of California, Section 1810 to Section 1815.

B. Public Convenience and Safety – Contractor shall furnish, install, and maintain all traffic warning and directional signs necessary to maintain the facility in a passable condition at all times as part of this bid. Traffic control shall meet the requirements of the latest State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. Submit documentation prior to the commencement of contract and prior to optional renewal years that assigned staff has received Traffic Control Training in accordance with the California Department of Transportation regulations. The Contractor may be required to submit a Traffic Control Plan for review and approval by the City at any time during the duration of this contract.

The Contractor shall designate in writing the name, address and telephone number of the employee to contact after working hours for the proper maintenance of traffic barriers and warning signs. Full compensation for furnishing all flag-persons necessary for the direction of public traffic either through or around the work shall be considered as included in the various contract items of work, and no additional compensation will be allowed therefore.

C. Damage to Private Property – Any damage to private property caused by the Contractor and adjudged to be the responsibility of the Contractor by the LMM shall be rectified to the satisfaction of the LMM within a reasonable time, depending on the extent of the damage. Said reasonable time shall be as determined by the LMM, and if the condition is not rectified, the LMM shall have the power and authority to rectify said damage and the cost thereof to be paid for by the Contractor, either by direct payment to the City of Vallejo, or by deducting said amount from moneys due the Contractor.

4. Prosecution and Progress
Attention is directed to the provisions of these Specifications, “Section D – Special Provisions,” for the requirements and conditions concerning the prosecution and progress of the work and the assignment of the Contract.

5. Permits and Code
A. The City will not waive required permit fees for this project. All other aspects of this "Permits and Code" section still apply. The Contractor shall give all notices required by and comply with all applicable laws, ordinances and codes of the City of Vallejo. All construction work and/or utility installations shall comply with all applicable ordinances and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawings and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the City Landscape Inspector of the City of Vallejo. Where requirements of the Drawings and Technical Specifications fail to comply with such applicable ordinances and codes, the City of Vallejo will adjust the contract by Change Order to conform to such ordinances and codes (unless waivers in writing covering the differences have been granted by the governing body or department) and make appropriate adjustment in the contract price or stipulated unit prices.

Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility variance with any applicable ordinance or Code including any written waivers (notwithstanding the fact that such installation is in compliance with the Drawings and Technical Specifications) the Contractor shall remove such work without cost to the City and a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been made before the Contractor commenced work on the items involved.

B. The Contractor shall comply with applicable laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the project area and commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this contract.

6. Apprenticeship Requirements
California Labor Section 1777.5 requires in the employment of apprentices in public works contracts:

A. Only registered apprentices within a written agreement in an approved apprentice training program providing no less than two-thousand (2,000) hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077).

B. A contractor is no longer required to submit Form DAS-7 but must submit award information to the local applicable joint apprenticeship committee.

The award information must include:

1. An estimate of the journeyman hours;

2. The number of apprentices to be employed; and

3. The approximate dates of apprentice employment.

C. The minimum statutory 1:5 hourly ratio of work stipulates that no less than one (1) hour of apprentice work for every five (5) hours of journeyman labor on any day of work. Any journeyman work performed beyond eight (8) hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio.

This section shall not apply to specialty contractors or general contractors whose contracts involve less than Thirty Thousand Dollars ($30,000.00) or twenty (20) working days.

The Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the minimum 1:5 hourly ratio under any one of the following:

1. Unemployment exceeds an average of fifteen percent (15%) in the area for the previous three (3) month period;

2. The number of apprentices in training in such area exceeds a ratio of 1:5;

3. The apprentice able craft or trade is replacing at least one thirtieth of its journeymen annually through apprenticeship training, either locally or statewide;

4. The specific task would jeopardize the apprentice's life or public safety, or no training can be provided to an apprentice by a journeyman for the specific task.

D. Apprentices employed on public works projects can only be assigned to perform work of the craft or trade to which the apprentice is registered.

E. All contractors with employees in any apprentice able occupation, regardless of the actual employment of journeymen or apprentices for the awarded public work, must either contribute to the local training trust fund or to the Department of Industrial Relations, California Apprenticeship Council, P.O. Box 511283, Los Angeles, CA 90051-7838 (as set forth in Section 227).

F. All violations of Section 1777.5 shall pay a civil penalty of Fifty Dollars ($50.00) for each calendar day of noncompliance.

All willful violations of Section 1777.5 shall pay the Fifty Dollar ($50.00) fine for each calendar day of noncompliance and shall be denied the right to bid on, or to receive, any public works contract for a period of up to one year for the first violation and up to three (3) years for any additional violations.

Compliance disputes arising under Section 177.5 shall be adjudicated under Section 8 California Code of Regulations, Article 1.

G. Within five (5) days of a public works contract award, the awarding agency must send a copy of the award to the Division of Apprenticeship Standards under Section 1773.3.

Within five (5) days of finding any discrepancy regarding the hourly ratio of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards.

H. The Contractor shall be responsible for compliance for all apprentice able occupations within these sections.

7. Subcontracting
In accordance with the requirements of Sections 4100 and 4113, inclusive, of the Government Code, each bidder shall list in his proposal all the names and business address of each subcontractor to whom the bidder proposes to subcontract work and shall list. Each subcontractor licensed by the State of California and registered with the State of California Department of Industrial Relations. Said list shall include a description of the portion of the work which will be done by each subcontractor.

A sheet for listing the subcontractors is included herein.

8. Permits and Licenses
The California Environmental Quality Act of 1970 (Public Resource Code section 21100 et seq.) (“CEQA”), as amended, may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of this Contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

In the event that the City has obtained permits, licenses or other authorizations, applicable to the work, the Contractor shall comply with the provisions of said permits, licenses, and other authorizations.

9. Statistical Testing
Moving average requirements are waived.

10. Highway Construction Equipment
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

Attention is directed to the statements in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his/her equipment and the protection of the public from injury and damage from such equipment.

11. Equipment Rental Rates
Unless otherwise negotiated, the Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Public Works, Division of Highway's publication entitled, "Equipment Rental Rates and General Prevailing Wage Rates," latest edition.

When work, other than work specifically designated as landscape maintenance in the plans and specifications, is to be paid for on a Force Account basis and the LMM determines that such contract change required the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the LMM may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:

A. The LMM shall specifically approve the necessity for the use of particular equipment on such work.

B. The Contractor shall establish to the satisfaction of the LMM that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors.

C. The Contractor shall establish to the satisfaction of the LMM that the proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use.

D. The LMM shall approve the equipment source and the equipment rental rate to be paid by the City before the Contractor begins work involving the use of said equipment. All work originates within the City of Vallejo. The City will not pay for transportation or travel time.

12. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.

No internal combustion engine shall be operated on the project without said muffler.

The noise level from the Contractor’s operations, between the hours of 9:00 PM and 7:00 AM shall not exceed fifty (50) D.B.A. and between the hours of 7:00 AM and 9:00 PM shall not exceed eighty (80) D.B.A. at a distance of fifty feet (50’).

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

13. Hazardous Waste in Excavation
If the Contractor encounters material in excavation which the Contractor has reason to believe may be hazardous waste as defined by Section 25117 of the Health and Safety Code, the Contractor shall immediately so notify the LMM in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the LMM authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor shall be granted an extension of time.

If such suspension delays the current controlling operation by more than two (2) working days, the delay shall be considered a right of way delay and the Contractor shall be compensated for such delay.

The City reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area.

SECTION C – WAGE AND EQUIPMENT RATES

1. Prevailing Wage Rates
In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk. Should the minimum Federal Wage Rate be higher than the rate determined by the Director of the Department of Industrial Relations, then the Federal Wage Rate Determination shall govern.

The successful bidder will be required to post a copy of these general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein.

In addition, the City Charter of the City of Vallejo requires that the Contractor and all his/her subcontractors shall pay their employees on said work a salary or wage at least equal to the prevailing salary or wage for work of similar character in the locality in which the public work is performed. The Contractor shall, as a penalty, forfeit to the City Fifty Dollars ($50.00) for each calendar day or portion thereof, for each employee paid less than the prevailing salary or wage for any public work done under the contract by him/her or any subcontractor under him/her.

The State Labor Code states that for violations of public works laws relating to payment of prevailing wages, the City of Vallejo will be required to withhold from any progress payments owed to a contractor any amounts that have been forfeited as penalties, or as wages owed to employees, who have not been paid the prevailing wage for work performed. Effective 01/01/93, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement those cases where a contractor fails to bring a lawsuit for amounts withheld within ninety (90) days after the completion of the public works contract and formal acceptance of the job by the City.

Also, the Labor Commissioner is permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld. In the event that the Contract does not prevail in the lawsuit to recover the amounts withheld, the wages and penalties will then be forwarded to the Labor Commissioner for disbursement in the manner previously described.

2. Payroll Records
In accordance with the provisions of Section 1776 of the Labor Code of the State of California, the Contractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor in connection with this project. Upon request of the City, this payroll record shall be certified and available for inspection at all reasonable hours at the principal office of the successful bidder and a certified copy shall be furnished within ten (10) days after receipt of a written request by the following parties:

A. An employee or his/her authorized representative
B. City’s representative
C. Representative of Labor Standard Enforcement and Division of Apprenticeship Standard of Department of Industrial Relations.

Any copy of the payroll record made available for inspection and furnished to the public through the above entities shall not disclose names, addresses or social security numbers of individual employees except the name and address of the Contractor.

In the event of non-compliance with the requirement of this subdivision, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notices from the State or City. If the non-compliance is still evident after the ten-day period, the Contractor shall, as a penalty, forfeit to the City Twenty-Five Dollars ($25.00) for each calendar day, for each employee, until strict compliance is effectuated.

3. Equipment Rental Rates – Contractor Equipment rented by the City will be paid for at the rates listed in the “Equipment Rental Rates Table” of the State of California, Department of Public Works, Division of Highways, latest issue, for use in their Special Provisions, a copy of which Table of Rates is filed in the LMM's Office. Any Equipment rented from a vendor will be paid for as invoiced by the Rental Vendor.

SECTION D – SPECIAL PROVISIONS

1. Scope of Work
A. The work to be done includes furnishing all labor, material, tool, and equipment necessary to maintain all identified Landscape Maintenance Districts (LMD) in Region Eight (8), which may include but are not limited to: street frontages or parkways, parking lots, neighborhood park sites, open space parcels, and all other areas identified as public lands.

B. Maintenance and repair may include but are not limited to: view improvements, fire safety zones, LMD graffiti removal from signs and site fixtures/features entrance monuments, slope embankments, drainage basin facilities, erosion control, irrigation sprinkler systems, pest management, noxious weed eradication, LMD walking trails and care to ornamental or native turf, plants and trees.

C. The Contractor shall contact the Landscape Inspector or Landscape Maintenance Manager and not take any action when the Contractor receives any direction or requests from property owners or general public.

2. Scope of Responsibility
A. Plants – Any plants that die due to Contractor's negligence shall be replaced at the Contractor's expense, equal in plant size and conforming to City Specifications. Replacement shall be made within fifteen (15) working days from the date the defective plant is brought to the attention of the Contractor or, the City may option a warrantee replacement, with planting to occur between the months of October to December. The final warrantee replanting list will be confirmed by the City’s representative provided to the Contractor in the month of September.

B. Irrigation – Contractor shall maintain all existing irrigation systems. Failures in the irrigation system shall be brought to the Landscape Inspectors attention immediately and repairs made within twenty-four (24) hours of known break at Contractors expense.

C. Cleanup – It shall be the Contractor's responsibility to maintain the entire Landscape Region in a condition that is acceptable to the City and in compliance with this contract. The Contractor shall include a daily walk through of the entire Region for the removal of all trash, dead or dying branches, excess soil erosion, empty plant basins, grass clippings, weeds, or any other debris that may accumulate at the site as a result of natural causes. Leaf drop will be blown off the sidewalks and gutters weekly and piles picked up on the same day. The Contractor will not be able to leave piles to be picked up at a later day.

Due to the location or public perception along landscaped areas, parkways and facilities all trash receptacles will be checked three (3) times weekly and emptied if one-third (⅓) full or more. Additional cleanup may be performed, as necessary or as deemed necessary at no cost to the City. Incidental illegal dumping within the LMD shall be considered an Extra Work Order. Unless agreed upon by the Landscape Inspector, all debris listed above for cleanup or any scheduled trimming shall be removed from the site the same day as collected and will be disposed of in an authorized fashion.

D. Street Improvements – Clean median and keep weed free, including sidewalks, walkways, pedestrian paths, curbs and gutters along LMD frontages.

E. Vehicles/Contractor’s Personnel – All vehicles used by the Contractor must clearly display the firm's name and/or logo and comply with State of California Regulations. Any vehicles used for pesticide application must clearly display placards listing the pesticide being applied and the pesticide number. Placard must be visible to pedestrians and vehicles passing the area of application. All Contractor personnel shall wear appropriate personal protective equipment and identification badges, and safety vests shall be clearly marked with the company name.

F. The Contractor shall be expected to communicate with the Landscape Inspector throughout the month for remedial updates to service areas. The status of non-performance punch list items and expected completion date will be reviewed by the last week of each month. All non-performance punch lists are expected to be completed by the first week of the subsequent month, unless previous arrangements are made with the City. Copies of the non- performance punch lists will be sent to the Contractor.

G. Emergency Numbers – The Contractor shall be readily available by telephone during work hours. This shall not be an answering machine. In addition, the Contractor shall provide the City of Vallejo with an emergency call out listing where he/she may be contacted after normal working hours, on weekends and holidays. Emergency calls may be considered as part of maintenance and shall not be considered as an Extra Work Order, unless damage was caused by natural damage or vandalism. The Contractor shall also supply the fax numbers for the business. It is highly desirable that the Contractor shall have available and reliable cell phone communication service.

3. Irrigation System
A. Throughout the term of this agreement the Contractor shall identify all leaking or malfunctioning irrigation systems beyond the water meter including but not limited to: main lines, lateral lines, sprinkler heads, valves, quick couplers; and irrigation controllers. Landscape Inspector shall be notified of cost estimate for repairs or replacements of all malfunctioning/damaged irrigation systems and components. Backflow prevention devices shall be the responsibility of the City.

B. Before beginning these maintenance program operations under the provisions of this agreement, the Contractor shall inspect all existing irrigation systems on the site(s) covered by this agreement and shall report damage or malfunction of any system to the Landscape Inspector. Immediately, Contractor shall perform all irrigation system checks and provide a written report with station numbers and controller names to the City within ninety (90) calendar days of execution of contract. Contractor shall provide a detailed estimate for all necessary repair work with the irrigation system check report. Contractor shall coordinate system checks with City Landscape Inspector and provide a detailed schedule for each site with forty-eight (48) hour notice to the inspector for starting inspections.

C. It is the City’s objective to actively pursue water conservation within the Region. The Contractor shall adhere to the irrigation specifications and closely monitor the irrigation system to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized to prevent runoff.

D. All irrigation controller stations shall be labeled by Contractor in an easy to read manner inside each controller box. Labeling shall include a description of the areas covered by each station. Contractor shall use City provided nomenclature when labeling each controller cabinet.

E. Contractor shall verify flow rates of each irrigation zone per irrigation controller per site and program the controller to reflect actual flow rates as determined in the field. Results of actual flow rate conditions shall be reported to the Landscape Inspector.

F. Flushing of systems and cleaning or replacement of all filters within irrigation systems is routine maintenance and will not be considered extra work. The Contractor shall flush the end of drip lines bi-annually to remove all dirt buildup.

H. Plant material exhibiting signs of wilting due to lack of water shall result in withholding of monthly payment until the problem is corrected. Manual watering will be required as necessary to regain plant vigor at no extra cost to the City.

I. The Contractor shall maintain all valve boxes and lids in good condition. This includes removal of any plant growth inside the boxes and removing any excessive dirt or debris from the inside of the box. Standing water in the valve boxes shall not be allowed to remain permanently. The Contractor shall also keep all boxes free from rodents and insects, at no cost to the City.

J. When replacing valve boxes, contractor shall label per the City of Vallejo standard specifications.

K. Programming of controllers shall be performed by the City with recommendations provided by the Contractor to maintain healthy growing plant material. Each month the Contractor shall provide the Landscape Inspector with a complete written schedule of watering for all controllers needing increased or decreased water needs.

L. Watering for overhead spray and rotors shall be between 9:00 PM and 7:30 AM.

There may be exceptions that occur from changing weather conditions or to accommodate a special event. Only drip irrigation may run during day times.

Irrigation schedules shall be coordinated with the Landscape Inspector.

M. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water.

N. In the event of improper irrigation scheduling or maintenance, the City will contact the Contractor immediately to investigate and make needed changes.

O. The Contractor shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments, no later than ninety (90) calendar days after contract start date and again bi-annually prior to start of the irrigation season and at the end or as directed by the Landscape Inspector. The contractor shall supply the City with a written report of every system as it is completed.

3.1. Water Requirements
A. The Contractor shall have full responsibility to ensure watering requirements are met within each landscape area. Contractor’s forces shall be capable of performing repairs, installations and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a full-time basis.

B. The Contractor shall ensure that sprinkler heads are in good operational order, filters are cleaned regularly, and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally), sprinkler head exchanges and filter replacements will be considered as an extra work item which will need to be approved by Landscape Inspector prior to repairs made for compensation.

C. All valves shall close completely at the conclusion of the station watering program. Weeping valves shall be immediately reported to Landscape Inspector. Valve boxes shall be kept clean of rocks, soil, debris and silt to a depth of two inches (2”) below the bottom of the valve assembly. All valve box lids shall be in place and locking bolts secured at all times.

3.2. Irrigation Repairs
A. The Contractor shall have a qualified irrigation technician check each irrigation controller and activate all stations on every controller each month. Adjustments shall be made at that time, as well as documenting repairs needed that shall adhere to City of Vallejo Standard Specifications and submitted to the Landscape Inspector.

B. Main lines shall not demonstrate leakage when all control valves are in the closed position. All irrigation system repairs, including vandalism, shall be completed within twenty-four (24) hours of approved extra work. If repairs cannot be accomplished within the designated time period, the Contractor shall notify the Landscape Inspector immediately of the condition and supply estimated time of when the repairs will be made.

C. The Contractor shall be responsible for watering the area of irrigation system failure by other means (hose, etc.) until repairs are completed. Upon approval Contractor shall replace all broke irrigation systems with the same brand and model. Any material substitution shall be approved by the City prior to installation.

3.3. Controllers
A. The City of Vallejo’s LMDs have several different irrigation controllers installed.

Each controller is unique to the landscape area where irrigation is applied.

Contractor shall become familiar with and have a full understanding and master the operational functions of each controller system.

B. The Contractor shall ensure employees are qualified to maintain and troubleshoot the Controller Systems. Contractor shall have hardware/software capable of making adjustments in the field remotely to the irrigation systems.

Contractor shall be responsible for notifying the City of needed repairs to irrigation controllers.

C. RainMaster, TBOS II, and WeatherTRAK controllers are utilized in the LMD.

D. Automatic controllers and electrical conductors shall be kept operational year- round. Controllers shall be inspected periodically, and controller cabinets shall be maintained clear of debris, nests, snails and insects.

3.4. Irrigation System Vandalism
The cost of parts and labor to replace stolen or vandalized portions of the irrigation system are considered an extra work item. Contractor is responsible for notifying these issues and locations to the City, so a report can be made to the Vallejo Police Department.

4. Water Management Program
A. City shall provide all the water and electricity necessary for the Contractor to perform the services except instances where excessive costs are incurred by the City due to water/electricity waste or negligence by the Contractor. If the City determines that excessive utility costs due to waste or negligence have occurred and are a result of Contractor's actions, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs.

B. For any controller schedule not supplied by the 10th day of the current month by Contractor in any month, a Fifty Dollar ($50.00) penalty per controller per day will be assessed. Contractor shall have the penalty deducted from the monthly bill for the District financially responsible for that irrigation controller.

C. If there is a difference of opinion between the City and the Contractor as to the whether there has been waste due to the negligence of the Contractor, the opinion of the City shall prevail.

D. The Contractor shall meet with the City to discuss water management as requested.

E. A monthly irrigation “base schedule” is developed based upon current controller settings and the feedback of moisture probing results. Adjustments of controllers shall be made by City from recommendations by Contractor.

Once the Contractor has the correct run times for any given month, the starting "base schedule" is acquired. Adjustments to the "base schedule" shall occur throughout the month to accommodate changes in area use and/or environmental changes to individual sites.

4.1. Irrigation Schedule
A. Monthly the Contractor shall provide to the City a report of irrigation controller setting needs for the current month in electronic format. This report will include the following information:

1. All irrigation programs set on controllers.

2. Irrigation schedule start times for each irrigation program.

3. Irrigation run-days for each irrigation program.

4. Irrigation cycle length, in minutes for each station in irrigation program.

5. Number of repeat cycles for each station in an irrigation program.

B. All required scheduling and operation of the automatic irrigation controllers reflecting weather changes and water needs shall be covered under this Contract. Contractor shall recommend all adjustments and settings of automatic controllers to the City. All systems shall be programmed as needed to maintain plants in a healthy, vigorous condition. The irrigation controller program is to be sufficient to keep the plant material healthy without excessive water use. Valve areas appearing to be over or under watered are to be further tested by the contractor and as directed by the City. Soil probing shall be conducted to determine soil moisture levels for automated overhead irrigation circuits.

C. Reports shall be submitted by the 10 th of each month.

D. Evapotranspiration (E.T.) shall be incorporated into the settings of the irrigation controller computerized central programming.

5. Landscape Maintenance Standards

5.1. Turf Care
A. Mowing

1. Turf shall be mowed weekly during the growing season and as required during the winter months.

2. The height of cutting shall be maintained consistently to prevent scalping or burn. The mowing height shall be appropriate to the turf species. Turf shall not be mowed lower than two and a half inches (2½”) in height. Cut heights shall have an average maintained height of three (3”) to four inches (4”).

3. Grass clippings or debris caused by mowing or trimming shall be collected and removed from adjacent walks, streets, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. Nothing shall be allowed to stay in the vicinity of a storm water inlet/catch basin(s) nor be allowed to enter into any inlet, catch basin or body of water.

4. Mowing patterns shall be alternated each week to avoid creating ruts and compaction.

5. All mowed clippings shall be removed from the job site including any leaf debris blown onto structures, vehicles, or utilities on the same day.

Mowers and edgers shall be cleaned and maintained of all turf debris before working on City contracts to prevent contamination of the City turf from outside sources.

B. Edging

1. All lawn edges along sidewalks and curbs shall be edged before each mowing event.

2. Edging shall be performed with a blade type mechanical edger. The cut edge should appear as a clean, straight line.

3. A monofilament line trimmer shall be used to trim around obstacles within the lawn area. Care shall be taken to ensure that the bark of trees and shrubs are not damaged or stripped by the line trimmer.

4. Lawn sprinkler heads shall only be edged to allow for proper distribution of water.

5. A round tree well shall be maintained just beyond the drip line of newly planted trees to encompass all tree stakes and guys. Older established trees shall have their basin cleared twelve inches (12”) from the trunk and maintained.

6. Allowing the mower deck or string line trimmer to come in contact with the basal Region of the tree or any exposed storage root is not permitted. The Contractor shall be liable for any basal injury repairs.

7. Edges of lawns against all paved areas, around valve boxes, and other utilities shall be kept neatly edged.

C. Fertilization
Turf will require a regular schedule of maintenance based on turf health and needs. The City expects a healthy green appearance and an annual fertilizer program not to exceed an approximate four (4) applications annually of a slow release fertilizer. Failed applications must be followed by re-applications or hand removal of weeds as directed by the City. Any infestation of turf disease or insect infestations must be identified, controlled in a timely manner, and reported to the City.

D. Aeration
Annual service completed by October 31st. Prior to aerating, a forty-eight (48) hour notice shall be given to the City Landscape Inspector to verify work. A coring tine shall be used for aeration. Multiple passes shall be made with the aerating device to ensure that tine holes are no more than two and a half inches (2.5”) apart. Aerator tines shall sink at least three and a half inches (3.5”) deep.

Tine cores shall be raked and removed the same day as aeration.

E. Weed Control

1. All Landscaped areas shall be maintained for weeds, organic & inorganic litter. Cutting and removal of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive action to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers, along fence lines, etc.

4. It is the intention of the City not to allow weeds of smaller dimensions of three inches (3”) in height or diameter in the landscape. Weeds shall be manually removed by herbicide with green coloring.

5. "Rust" infestations may require a high calcium nitrate-based fertilizer in winter months to maintain good, green color. Contractor shall selectively apply chemicals to control weed grasses and broadleaf weeds such as, but not limited to, various broadleaves, Poa annua, and Digitaria species. Any infestation of turf disease or insect infestations must be identified, controlled in a timely manner, and reported to the City.

6. Sedimentation shall be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

F. Irrigation
Lawn irrigation shall be adjusted to cover and present the best appearance to ensure consistent healthy growing conditions. Irrigation maintenance shall be per “Section 3. Irrigation System” of these specifications.

5.2. Ground Cover
A. Pruning

1. Utilize herbicides or mechanical trimming to maintain a neat, attractive appearance year-round. The Contractor is expected to have in the Base Bid an effective IPM per “Section 7. IPM Program” of these specifications, to combat various infestations that are endemic and may occur in the ground covers.

2. All ground covers and shrubs in the City of Vallejo shall be routinely maintained one foot (1’) behind the back of cobble, curbs, pathways, roadways, medians, fences & sidewalks.

3. Low-growing shrubs designed in the landscape as ground covers classified as ‘Prostratus,’ ‘Horizontalis,’ ‘Compacta,’ etc. shall be neatly trimmed and routinely maintained at an attractive form and appearance.

4. Ground cover shall not be allowed to touch or cover crowns of shrubs and trees.

5. Any plants that are known to be subject to disease shall have diseased branches selectively pruned out. Contractor shall be responsible for the removal and disposal of damaged plant material.

B. Fertilization

1. During rainy season before the end of February, apply 16-6-8 or approved equal at two and a half (2.5) pounds actual nitrogen per one-thousand (1,000) square feet to ground cover.

2. Arctostaphylos and Rosa sp.: Each plant shall be given a handful of balanced fertilizer in November and in the final two (2) weeks of March each year, or as directed by the City.

3. Fertilizer is scheduled to be applied seasonally. Following the application, the ground shall be watered thoroughly to leach the nutrients through the root zone; forty-eight (48) hour prior notification to the City is required.

Caution: The Contractor shall prevent over watering which could result in hillside slumps, nutrient runoff to adjacent properties or water courses which in turn may lead to water pollution.

C. Weed Care

1. Landscaped areas shall be maintained for weeds, organic & inorganic litter.

Cutting and removal of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive steps to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers and along fence lines.

4. It is the intention of the city not to allow weeds of the smaller dimensions of three inches (3”) in height or diameter in the landscape. Weeds shall be manually removed by herbicide with green coloring.

5. Sedimentation shall be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

D. Irrigation
Irrigation shall be adjusted to cover and present the best appearance to ensure consistent healthy growing conditions. Irrigation maintenance shall be per “Section 3. Irrigation System” of these specifications.

5.3. Shrubs/Vines
A. Pruning

1. Shrubs and vines shall be pruned to maintain growth within space limitations, to maintain or enhance the natural growth habit, or to eliminate diseased or damaged growth. Some species shall be trimmed appropriately to influence flowering and fruiting, or to improve vigor.

2. Shrubs and vines must be trimmed as needed to permit unobstructed passage to residents or vehicles. Trimming near vehicular entry or exits shall be carried out to prevent line of sight restrictions.

3. Shrubs shall be pruned to conform to the design concept of the landscape.

Individual shrubs shall not be clipped into balled or boxed forms, except where specifically instructed.

4. Contractor shall prune all shrubs and hedges, including but not limited to, the removal of dead and/or broken branches, suckers or sprouts, branches that may hang over walkways, grow through fences or obscure roadway vision. Pruning shall be performed to have shrubs appear neat and orderly at all times.

5. Vines shall be pruned to control growth and direction, and shall not be allowed to grow over windows, doors or other structural features, unless directed by the City. Vines shall not be allowed to grow over the crowns of shrubs or trees.

6. The Contractor shall ensure that appropriate vehicle, tools and crews are available and correctly selected for the various vegetative maintenance tasks within these specifications. Pruning tools shall be kept sharp, clean and disease free. The Contractor shall have a regular (monthly) maintenance service cycle which identifies all dead shrubs or dead and broken branches that will be pruned and removed throughout the Region monthly.

7. The Contractor shall remove all tree and shrub trimmings from the maintenance site the same day of the pruning. At no time shall vegetation be allowed to cover or impede access or visibility of any cross street, utility service, vault or box, street sign, or electrifier.

B. Fertilization

1. All plant material in LMD require the addition of complete nutrients to promote good growth. Fertilizers shall be urea-based or labeled slow- release and contain nitrogen, phosphate and potash. No nutrients shall be allowed to spill onto walks or into drains. The following Specifications have been prepared to identify what type of nutrient treatment will occur. All nutrients submitted by Contractor must be approved by City prior to purchasing.

2. Most shrubs and vines should be fertilized annually. Plants that have reached maturity may not require annual fertilization.

3. All actively growing plants not yet at maturity shall be fertilized yearly during the months of February through March. Contractor shall apply an appropriate slow-release, long-lasting complete fertilizer, controlled- release fertilizer, or plant tablets at the manufacturer’s recommended application rate.

4. All plants shall be observed for signs of nutrient deficiencies and treated to correct deficiencies throughout the year. Nutrient deficiency shall be brought to the attention of the City and properly identified prior to treatment.

C. Weed Control

1. Landscaped areas are maintained for weeds, organic & inorganic litter.

Cutting and pick-up of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive measures to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers and along fence lines.

4. It is the intention of the city not to allow weeds of the smaller dimensions of three inches (3”) in height or diameter in the landscape. Weeds shall be manually removed by herbicide with green coloring.

5. Sedimentation will be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re- inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

5.4. Trees
A. Pruning

1. All trees shall be regularly observed by a Certified Arborist. All tree pruning will be supervised by a Certified Arborist.

2. Pruning must be carried out to permit unobstructed passage to pedestrians and motor vehicles and to prevent sight restrictions near intersections. This means that branches shall be maintained to (10) feet above sidewalks and fourteen feet (14’) above traffic lanes aligned over the face of curb.

3. Mature tree policy – branching greater than three inches (3”) has been determined by the City to require hand or power saws for removal of limbs and requires specific shaping. This may be authorized by a Change Order.

4. Stripping of lower branches (“raising up”) of young trees shall not be permitted. Lower branches shall be retained in a “tipped back” or pinched condition with as much foliage as possible to promote trunk caliper. Lower branches should be cut off only after the tree is able to stand erect without staking or other support.

5. All trees shall be pruned to promote structural strength and to accentuate the natural form and features of the tree.

6. Thinning of certain species and individual specimens may be required to prevent wind damage. Suckers, water sprouts, rubbing and heavily laden branches shall be removed to provide less wind resistance.

7. All trees shall be allowed to grow to their natural genetic form and size, unless specifically noted by the Landscape Inspector.

8. Contractor shall perform inspections after every hard wind and/or rain storm to determine possible damage incurred and make
recommendations for care.

9. The following may be authorized by a Change Order: all trunks and limbs greater than three inches (3”) within the Public Right of Way and residences, leaning or broken due to wind, rain, vandalism, tree debris caused by storms or natural damage, etc. shall be properly pruned and picked up immediately.

10. The Contractor shall ensure that appropriate vehicle, tools and crews are available and correctly selected for the various vegetative maintenance tasks within these specifications. Pruning tools shall be kept sharp, clean and disease free. The Contractor will have a regular (monthly) maintenance service cycle which identifies all dead trees or dead and broken branches that will be pruned and removed throughout the Region.

11. The Contractor shall remove all tree and shrub trimmings from the maintenance site the same day of the pruning. At no time shall vegetation be allowed to cover or impede access or visibility of any cross street, utility service, vault or box, street sign, or electrifier.

B. Staking
The Contractor shall remove staking that has been attached to a tree for three (3) years or more. Stakes shall be inspected, especially after wind and/or rain storms. Stakes and ties shall be in good repair, replaced and maintained in-line at the Contractor’s cost.

C. Fertilizing

1. Shade trees up to a three-inch (3”) caliper shall be fertilized as directed by the City, with an 8-10-10 fertilizer containing micro-elements or equivalent at the rate of one (1) pound per caliper inch of trunk diameter at breast height (DBH).

2. Palm trees shall be fertilized utilizing a 13-3-13 fertilizer containing microelements or equivalent at the rate of one (1) to five (5) pounds per palm, dependent on the truck diameter, generally one-half (½) pounds per inch of trunk diameter as directed by the City.

D. Disease/Pests

1. Monitor any tree for disease or insect infestations – the Contractor shall be expected to provide an advisor’s recommendation should tree health be observed as adverse.

2. Pest control – the Contractor shall identify pests and contact the City before proceeding with any chemical application. The City may authorize this work to combat an infection on any identified tree(s) by issuance of a Change Order.

3. Insect control shall be provided for insects identified by the Contractor or City staff as problematic and shall be treated as needed upon approval of the City. Some specific insects to be controlled include but are not limited to aphids, scale, white fly, thrips, spider mites, and scale.

4. All damaged, dead or diseased limbs resulting from weather or pests shall be removed immediately.

5.5. General Pruning Requirements
A. During mid-fall season, at the onset of cold weather, Contractor shall hedge/prune all trees, shrubs and ground cover, one-foot (1’) behind sidewalks, streets, medians, fences and shall provide a one-foot (1’) clearance around all utilities. Contractor shall maintain the clearance behind the curb, walkway or utility infrastructure encroachment throughout the year.

Contractor shall not begin new hedging on any shrubs unless directed by the City. Refer to Contract for any specific scheduling not mentioned in these Specifications. Any shrub areas which are determined by the City to exhibit poor pruning practices with unsightly visible stubbing will result in re-trimming at the Contractors expense. Listed are Special Instructions, which the Contractor will be required to perform:

B. Damaged growth from vehicular incident damage in medians or behind the curb shall be pinched back and pruned to shape new growth. Ground covers, shrubs and trees shall be kept back three feet (3’) from all utilities. Utilities include but are not limited to: fire hydrants, PG&E vaults, manhole covers, telephone or cable TV cabinets, and specific drainage improvements. Areas that are public open space and not formal landscaped areas with utility structures, utility road access and debris flow corridors shall be maintained free of weeds and vegetation in excess of two inches (2”) in height for at least twenty feet (20’) back from the street or sidewalk and two feet (2’) clearance along any fences.

C. Fencing – Contractor shall annually inspect fencing and shall establish a two- foot (2’) pathway and prune any vegetation which has grown into any private fence originating from public property. Hold all shrubbery back from the Fence line by directional pruning or plant growth regulators.

D. Streets – Standard for visual traffic safety, the height shall not exceed three feet (3’) as measured from pavement at the stop sign or corner of the cross traffic. Prune all landscapes at street intersections. Eliminate vehicular line of sight obstructions in all directions for the distances indicated below:

Type of Intersection Site Distance
Residential streets 200 feet
Collector streets 250 feet
Arterial streets 350 feet
E. Distance adjustments for these specifications will be made for medians, slopes, and curves.

F. Mature Landscaping – Foliage in landscaping areas, medians, intersections, planting strips, or other maintained areas determined by the City to require more than normal pruning will be identified and maintained at no extra cost, including but not limited to special shaping, view corridor, hard pruning of large plants. The Contractor shall not remove any living tree or shrub without consent from the City.

5.6. Hardscape
A. Cobbled Medians and Streets – Annually during the term of the Contract, the Contractor shall keep all mortared cobble and stamped concrete in the medians, and any other cobbled areas neat and clean in appearance.

B. Decomposed Granite – Contractor is responsible for identifying areas that need repair due to erosion, low spots and natural run off. Repairs are considered a Change Order, Contractor shall verify color and estimate with the Landscape Inspector before installation. Decomposed granite installation shall be to grade, compact, and stabilizer shall be used per manufacturer’s specifications.

C. Signs – Contractor shall immediately contact the City any time that a political sign shows up in the LMD. The City shall provide directions on how the political sign is to be treated. The Contractor shall remove all other signs and stakes identified in public areas.

D. Irrigation controller boxes and utility boxes that pertain to landscaping services shall be painted green and cleaned during the term of the Contract. The Contractor shall repaint any vandalized controller cabinet immediately after any graffiti appears on the cabinet. Stainless steel cabinets should also be cleaned with graffiti remover.

E. Paved sidewalks, medians, bike-paths and patio areas shall be swept or blown off with a power blower on a weekly basis.

5.7. Litter Removal/Debris
A. Objects that are unsightly or present obstacles to mowing and other grounds maintenance operations, including but not limited to: rocks in lawn areas, wind and storm damage items; paper, glass, trash, or debris deposited or blown onto the sites, palm fronds and tree limbs; and illegally posted signs within the Public Right of Way, are to be removed at Contractor’s expense.

B. Litter removal from turf areas and plant beds and designated Right of Way areas shall be completed prior to each mowing operation in the same day.

C. The City reserves the right to request debris removal services upon findings of noncompliance.

D.Trash Pick-up – Trash and debris (including cigarette butts) shall be picked up daily each week. Mondays and Fridays are considered exceptionally heavy, and special attention is to be set on major roadways, thoroughfares and highly traffic areas.

E. Parking Lots require daily service for the removal of trash and leaf litter in and around planters, curbs, gutters, parking stalls, sidewalks, etc.

6. Weed Control Standards for Open Space Areas
GENERAL – Vallejo Fire Department Fire Prevention Division Weed Abatement Guidelines are included in these specifications.

SCOPE – This guideline is necessary to provide fire control points and to create or maintain a defensible space around buildings and property lines. Creating defensible space will help minimize fire damage and provide a space or fuel break where firefighters can defend against fire.

CODES AND STANDARDS – Weeds, grass, vines and other growth that are capable of endangering property shall be cut down and removed by the Contractor. Vegetation clearance requirements in the wild land-urban interface areas shall be in accordance with CFC Chapter 49, CFC Section 304.1.2: Vegetation and Title 19, Division 1§307(b): Clearances.

A. Abatement Criteria
Parcels five (5) acres or less must have all combustible growth cut and removed.

A defensible space of thirty (30’) to one-hundred feet (100’) depending on grade and other factors, around all structures, either man-made or natural, in which material is capable of allowing fire to spread unchecked, must be cleared, treated or modified to slow the rate and intensity of an approaching fire.

Roadways, driveways and Fire Department access roads shall be cleared of combustible vegetation equal to the width of the road plus ten feet (10’) on both sides. The contractor must also mitigate any additional fire hazard(s) that are determined by the City's Fire Chief.

Mowing is acceptable. These areas would include but are not limited to biologically sensitive areas or habitats.

Mowing with a tractor is sometimes impractical due to terrain. Mowing with a handheld weed-eater is acceptable and referred to as "handwork." In some cases, use of goats and sheep are acceptable abatement practices.

If the Contractor notices the existence of rare, threatened or endangered plants or wildlife on City property, Contractor must notify the City, Department of Fish and Game, or the appropriate agency at least ten (10) days in advance of undertaking the vegetation clearance. If the Contractor is aware of any State or Federally-listed species on the property, then the City, U.S. Fish and Wildlife Service and the Department of Fish and Game should be notified prior to abatement. If a State or Federal candidate or listed species is killed, injured or captured, the Contractor shall report this information to the City, Department of Fish and Game or U.S. Fish and Wildlife Service respectfully.

Safety Reminder

1. When mowing weeds, it is imperative to work safely. One small spark from a mower blade hitting a rock can result in fire. All mowing should be completed as early in the morning as possible, while temperatures are low, humidity is high, and grasses are still damp with dew. When mowing always have water, a fire extinguisher and pointed shovel handy. Mow early and often.

FIGURE 1
Defensible Space Zones
Minimum Minimum Minimum
30’ x 30’ x 30’ x 30’ 30’ x 30’ x 30’ x 50’ 50’ x 50’ x 50’ x 100’

Down Slope Down Slope Down Slope
Level 0-10% Moderate Slope 11-30% Steep Slope Greater than 30%

2. The Contractor shall be responsible to cut, trim, or apply herbicides to grasses and broad leaf weeds as directed. Weed height control zones are shown in the attached Maps. Open Spaces shall be cut and maintained to a height of approximately six inches (6”) or less throughout the fire season as defined above. This Contract specifies that the Contractor will provide continuous control of all identified noxious summer broad and narrow leaf weed height for fire safety suppression. All long cutting in excess of three inches (3”) left on the ground and determined by the City to be a fire hazard, may be required to be picked up and removed off-site for disposal. All Open Space areas shall be included in a weekly trash pickup program.

3. The City is seeking to establish narrow grass plant communities in the weed height control zones and eliminate noxious weeds such as thistles, artichoke, etc. and still maintain erosion control. The Contractor could expect new plant communities which will receive treatments which shall enhance cover reproduction.

4. While fire season is in effect, these areas will receive weed height suppression only. Required Regulatory Compliance, the Contractor shall be cognizant of

the designated California Department of Forestry start date for "Fire Season" as well as "City of Vallejo Fire Department Standards for Completed Weed Abatement Work" as supplied by the City of Vallejo Fire Department, Weed Abatement Code Enforcement Officer. The Contractor, after five (5) calendar days of the start of Fire Season, shall have completed all weed cutting in the Open Spaces. The fire season for the City of Vallejo officially begins May 1st of each year unless CDF or USFS declare Fire Season to be officially opened prior to that date. If the Contractor fails to comply with this requirement, the City reserves the right and shall have the work done at the Contractor’s expense.

Total Abatement costs for cuttings, mowing and hauling will be deducted from the Contractor's future regular monthly payments.

5. Pre-emergence of the ground to control plants on weed height control zones is not permitted without approval by the City. Indiscriminate ground sterilization by the application of herbicides in any Open Space may constitute forfeiture of monthly payments until recovery of a well-rooted population. Where slopes have been stripped and sterilized of a rooting population by the Contractor, Contractor shall provide ongoing erosion control measures per City Specifications at no expense to the City.

6. The Contractor will start planning the weed height control program in the month of December. This Open Space weed height control program will be presented to the City for approval by January 15th. The January payment will be withheld if the Contractor fails to meet or provide in writing to the City the Open Space weed height control program for the coming fire season.

7. Asphalt pathways and trails identified on the Maps will receive a one-foot (1’) wide, weed free, height control zone on each side of the four foot (4’) wide trail.

The asphalt portion of the trail shall be weed free within the pavement cracking.

8. Only edge the weeds next to structures such as V-ditches, culverts, sub-drain outlets, rock dissipater, catch basins, etc.

9. Mechanical control of weed height may be performed in lieu of chemical control with authorization by the City. The Contractor will obtain approval from the City before utilizing heavy equipment to perform flail mowing, rotary mowing, and other generally approved mowing methods.

10.Develop a pre-emergence program for all landscaped areas and fence lines abutting the LMD.

11.The Contractor’s inability to complete scheduled fire prevention service identified in these Specifications may be grounds for a Two Hundred Fifty Dollar ($250.00) non-refundable re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

7. Integrated Pest Management Program (IPM)
A. The Contractor shall be licensed as a Pest Control Advisor or list a subcontractor licensed specialist to legally plan the annual Weed Height Control program and identify any pest management problems which may arise in the District.

B. The Contractor shall be familiar with various Integrated Pest Management (IPM) programs and is required to develop an IPM plan to effectively eradicate any diseases or pests which develop during the duration of this Contract.

C. The development and application of chemicals for the IPM program shall be the responsibility of the Contractor and will not be considered an Extra Work Order.

The City may, on demand, review all labels, licenses, certificates, categories, permits, or recommendations before chemicals are applied.

D. The written IPM plan and a label and Material Safety Data Sheets (MSDS) binder must be submitted each Contract year to the City for each pesticide to be used in any Region by January 1 st. These items must be submitted to the City prior to commencement of initial contract or renewal for optional year extension.

E. Pest control methods may include but are not necessarily limited to the following:

1. Pre-emergent herbicide applications

2. Post-emergent herbicide applications

3. Mechanical cultivation and disposal

4. String line trimming or mowing

5. Chemical growth regulators

6. Tree injection

7. Aquatic herbicide applications

8. Traps

9. Pre-bait and poison bait techniques

10.Debris or food source removal

11.Water jetting

12.Insecticide, fungicide, or other pesticide applications

13.Verdant and dormant spraying

14.Management of vector, host, predator, or grazing populations

15.Repeated control methods as necessary

16.Poison gas or fog applications
F. Chemical Sterilant – presently, City staff evaluates the use of certain pre-emergent chemicals within the LMD. It is the City’s intention at this time to restrict the use of Simazine or any pre-emergence which mimic’s Simazine to strictly crack and crevice work in the street unless otherwise approved by the City.

G. The Contractor shall be expected to provide a year-round control program for the control of snail and slug populations, specifically applications to ground covers along residential fence lines. It is unacceptable to find populations of these pests building up within ivy and other ground covers, inside of valve boxes, on structures, or within the canopy of plant material at any time of the year.

H. Pre-Emergent

1. Pre-emergent must receive 0.511 of rain or be watered within ten (10) days of application.

2. Areas seeded with wild-flowers shall be identified by the City and shall not be treated with pre-emergent herbicide.

I. Post-Emergent

1. All areas shall be kept free of weeds. Chemical and/or mechanical means may be used as appropriate. If any weeding is not performed, maintenance will be considered unsatisfactory.

2. Before applying herbicides, the type of weed shall be identified, and the control selected accordingly, using the most effective control for the species, the location and the season.

3. Weeds shall not be allowed to grow in paved areas such as driveways, walks, curbs, gutters, etc. Weeds may be removed manually or sprayed with an herbicide. Dead weeds shall be removed from the paved areas.

4. Contractor shall provide the labeling (MSDS) for each herbicide proposed before the product is applied.

5. Post-emergent shall be sprayed at the manufacturer’s recommended rates.

6. Weeds shall be controlled in turf areas. Mowing is not an acceptable method for weed control.

J. Policy – as an integral part of this program, the City shall require all employees, developers and contractors doing City work requiring the use of pesticides, herbicides and fertilizers to submit to the City: 1) a copy of MSDS for the proposed chemicals, 2) a use report, and 3) the location of application. The aforementioned will also be required to comply with City of Vallejo Pesticide Treatment Posting and Notification Policy (Attachment D). City of Vallejo will establish an IPM Coordinator as the central point of contact and record keeper for the IPM Program.

8. Trail and Pathways

8.1. Year-round, concrete, asphalt, gravel, and decomposed granite pathways shall be kept weed and vegetation free. Each side of the path shall have a one-foot clearance of weeds and vegetation.

8.2. Year-round, trails shall be kept weed and vegetation free at four (4) feet wide. On a quarterly basis, pathways and trails will be inspected for safety and function of:
surface conditions, signage, bollard placement, head-height clearance, erosion, fencing, gates and locks.

9. Inspections, Defaults and Payment
A. For landscape maintenance services not completed as scheduled, the City will withhold the monthly invoice and may charge a Two Hundred Fifty Dollar ($250.00) non-refundable re-inspection fee to the Contractor. The withheld payment minus the re-inspection fee will be released upon satisfactory completion of the landscape maintenance service.

B. Before award of the contract, the Contractor and City shall meet to discuss schedule of services, calendar, IPM Program and weed height control program. It is the Contractor's responsibility to ensure that management, supervision, sufficient labor, equipment, and materials are estimated, planned and scheduled for the Region. The Contractor, through his/her General Superintendent, is expected to coordinate the efforts of maintenance operations and personnel to provide the best long-term benefit to the LMD.

9.1. Inspections
i. The City shall evaluate landscape services performed in the LMD on a regular basis. The City does not give ongoing supervision to the Contractor’s forces.

The Contractor’s Area Manager shall monitor the work and provide direction to the work force in the LMD.
ii. The City and the Contractor’s Manager shall meet on a weekly basis to ensure the LMD is in compliance and provide the services necessary to complete the maintenance tasks described in these specifications.
iii. The Contractor will be required to accompany the Landscape Inspector or other City representative in person on a monthly drive-through inspection for contract compliance which may generate a punch list. The Contractor is also expected to take notes during such inspections. Notes will be made with reference to current maps.
iv. The Contractor shall be responsible to notify the City that the LMD is ready to begin the following three specific final inspections at the end of this Contract.

The end of contract inspection will be held on June 16 or by the first of the month. Monthly payments shall be held in full for noncompliance on any of these inspections.
90 Day - The City could request the contractor to conduct an Irrigation main line test for ruptures or leakage. The Contractor will report any leaks and shall make necessary repairs. No visible leaks shall be accepted. Cutting and pick- up of weeds and application of a pre- and post-emergence herbicide will be required whenever a previously scheduled pre-emergence herbicide application has failed. Dead shrubs and trimming shall be in compliance with these specifications. Progress on all remedial actions will be evaluated prior to approval of monthly payments. The City will work with the Contractor to ensure they are in compliance.
60 Day - Provide a PCA recommendation and apply a post emergent systemic herbicide on weeds remaining for areas, determined by the Landscape Inspector, which have completely failed in the contractors IPM program. This will be required whenever a pre-emergence herbicide application has failed within this contract and the landscape is unacceptable. Progress on all remedial actions will be evaluated prior to approval of monthly payments. The City will work with the Contractor to ensure they are in compliance. 30 Day - Final acceptance walk-through to inspect and evaluate the condition of the Region for incumbent contractor extension or contractor turnover. A final punch list may be provided to the Contractor to be completed by end of Contract date.

Contractor Transition: Upon the expiration of this Contract all remaining items on any punch list shall be deducted from the final billing and will be completed by the incoming Contractor.
v. No Change Order/Extra Work will be performed by the regularly assigned maintenance personnel.

9.2. Defaults, Diligent Prosecution of Work, Termination of Contract for Failure to Prosecute Work Diligently
i. As a material part of this Contract, the Contractor shall diligently prosecute and complete all described items of work specified herein. In the event the City determines that the work is not being completed with diligence, as evidenced by the LMD not being maintained in accordance with these Specifications herein or otherwise, the City shall inform the Contractor in writing of the specific area of deficiency within the LMD. The Contractor thereafter shall have ten (10) calendar days in which to comply with the City's deficiency letter. ii. In the event the Contractor does not complete the deficient work by the assigned date and evidence of non-compliance within the written Contract exists, the Contractor shall be recommended to the Director of Public Works for immediate termination of the Contract, or if there is compliance but thereafter, the work in the future is again not performed diligently, the City will immediately take the above written steps to terminate the Contract for cause.

The City shall give written notification for extending or termination of the contract on or before April 1st of each year.
iii. Replacements and Additional Maintenance to be included – the following items listed will clarify other landscape maintenance and material requirements which may not be included elsewhere in these Specifications:

Warranty – Plant materials damaged due to the Contractor's maintenance practices or non-performance of services shall be replaced with like material at no cost to the City. Upon notification from the City, replacements shall follow Section 5 of the City of Vallejo Standard Specifications. Replacement plant stock shall be inspected by the City prior to planting to verify proper sizing, healthy rooting, and vigor.

10. Schedule of Landscaping Maintenance Services
A. Upon award of contract, the maintenance Contractor is required to provide a detailed twelve (12) month calendar indicating the proposed work schedule prior to July 1 of each award year. The calendar must include, but is not limited to, details of the following: fertilization, aeration, tree trimming, mulching, painting of controllers, etc. The City may change requirements as based upon seasonal or other considerations. The calendar must detail the minimum typical monthly Schedule of Landscape Services.

B. The schedule on pages D-27 through D-30 are a suggested guide for reference, please refer to the standards in this contract for timeline requirements.

10.1. Schedule:

July
1) Continue maintaining ground covers away from fences and other features. 2) Continue maintaining line of sight obstruction at street intersections. 3) Continue maintaining vegetation along medians, streets, sidewalks, retaining walls, etc.

August
1) Continue completing maintenance care per Specifications. 2) Begin cutting out spent blossom spikes on shrubs such as Agapanthus, Echium, Moraea, Hemerocallis, Tulbaghia, Roses, etc. This is to be a weekly task to be carried out throughout the winter until spent blossom spikes subside. 3) Continue edging vegetation along medians, streets, sidewalks, retaining walls, etc.
4) Continue pruning vegetation for line of sight obstruction at street intersections.

September
1) Continue completing maintenance care per Specifications. 2) Continue pruning vegetation for line of sight obstruction at street intersections. 3) If identified on the Maps start to prune trees.
4) Continue maintenance of all v-ditches and compact soil along edges to prevent water access to beneath v-ditch.
5) Warrantee replacement plant list determined by the City.

October
1) Continue completing maintenance care per specifications. 2) Continue pruning trees, as in September.
3) Complete and check to be sure all appropriate shrubs and ground covers have been trimmed, edged, and sprayed to maintain desired shape through winter months.
4) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.
5) Per the Specifications, continue maintenance leaf litter removal program along gutters, landscape frontages, medians, sidewalks, planter beds, and beneath identified plant canopies.
6) Begin warrantee plant replacement program.

November
1) Continue maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies.
2) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.
3) Complete warrantee replacement plantings.

December
1) Continue completing maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies. This is to be as specified and completed throughout the fall and winter until leaf drop subsides. 2) Meet with the City to establish a program for weed control in Open Space areas for the following calendar year.
3) Continue weekly leaf litter removal in all areas.
4) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation as well as stamped concrete and entrance Monuments.
5) Power wash cobble, stamped concrete and entrance monuments.

January
1) Continue completing maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies.
2) Continue to maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

February
1) Continue completing maintenance care per Specifications. 2) Complete fertilizer application required for all sites. Refer to Section 5, Landscape Maintenance Standards.
3) Continue pruning of landscapes.
4) Tip back Salvia greggii and all other irregularly shaped shrubs. 5) Continue maintenance of drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

March
1) Continue maintenance care per Specifications. Fertilize all Rose species in final two (2) weeks of this month (Inspection required).
2) Continue pruning vegetation for line of site obstruction at street intersections. 3) Continue edging vegetation along medians, sidewalks, retaining walls, etc. 4) Continue vigorous regime of snail control.
5) Complete dormant pruning of trees, shrubs, and vines. 6) Continue to maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

April
1) Continue completing maintenance care per Specifications. 2) Continue pruning vegetation for line of site obstructions at street intersections. 3) Continue to check for aphid and other infestations in shrubs, ground covers, and trees.
4) Contractor shall have completed firebreaks in Open Spaces. All Open Spaces are chemically treated or cut for April payment.
5) Continue maintenance of drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

May
1) Continue completing maintenance care per Specifications. 2) Complete all deficient grass and weed height control areas. Be aware, Fire Season has started for the City of Vallejo and additional cutting may be warranted for the remainder of the dry season, per Specification. 3) Continue edging vegetation along medians, streets, sidewalks, retaining walls, etc.
4) Continue pruning vegetation for line of sight obstruction at street intersections. 5) Continue pruning vegetation for line of sight.
6) Provide a PCA recommendation and apply a post-emergent systemic herbicide on weeds remaining for areas determined by the Landscape Inspector which have completely failed in the Contractors IPM program. This will be required whenever a pre-emergence herbicide application has failed within this contract and the landscape is unacceptable. Progress on all remedial actions will be evaluated prior to approval of monthly payments.

June
1) Continue completing maintenance care per Specifications. 2) Summer watering irrigation controller program completed. 3) Complete pruning vegetation for line of sight obstruction at street intersections. 4) Complete edging vegetation along medians, streets, sidewalks, retaining walls, etc.

Inspection: Final acceptance walk-through to inspect and evaluate the condition of the LMD for incumbent contractor extension and contractor turnover. A final punch list may be provided to the Contractor to be completed by end of Contract date, June 30th.

REGION 8 LANDSCAPE MAINTENANCE DISTRICT (LMD) LOCATIONS The districts found within Region 8 include GLEN COVE ONE &TWO, and GLEN COVE THREE. The following written descriptions of the locations within Region Eight are given as an aid to the contractor to locate the landscaped and firebreak areas. Maps enclosed within this contract are the leading document and, as such, will be the document used by the Landscape Manager and Inspectors to verify completion of work within each LMD. 1) Glen Cove One and Two
A. Ornamental maintenance includes the south side of Robles Drive from Glen Cove Parkway east to the property line at #101 Honeydew Drive and the frontages along the north and south sides of Shady Lane and Silktree Lane. The landscaped slopes on Dogwood, Applenut, Buckeye, Ironwood Lanes and Wildflower Avenue. The median island at the end of Bluebell Place and the easement on the east side of Wildflower Avenue between #156 and #188.

1. Maintain ground cover, shrubs, trees, and mow turf

2. Edge around all utility boxes
B. The open space slopes at the rear of the residential yards along Wildflower Avenue, behind one yard on Peppercorn Court, behind two yards on Wildberry Court, and behind specific yards on Bluebell Place.

1. Maintain concrete lined v-ditches

2. Weed height control zone at rear of residences

3. Maintain storm water earthen basins

4. Maintain trees and shrubs
C. In the open space on the south side of Silktree Lane, above #100 Wildflower Avenue, is an identified Protected Area where butterflies migrate. Weeds will be cut and removed as needed. Herbicides will not be used in this area at any time.
2) Glen Cove Three
The following subdivision developments and units, as indicated on the Glen Cove Three LMD Maps, are: Meadow Glen, Shadow Ridge 1-5, Marina Estates, Development Units 3A, 3B, 4, 5A, 5B, 5C, 5D, 5E, Crystal Point, Marina Village, Country Place, Harbour Towne, Valley Ensenada 1, 2A, & 2B, Glen Cove Estates, Waterview A, Dillon Point Units 1,3,4,6,7,Spyglass Pan Handle, Marina Hills, Clearpointe, and require the various landscape services as indicated below:

1. Maintain ground cover, shrubs and trees

2. Edge around all utility boxes

3. Maintain concrete lined v-ditches

4. Weed height control zone at rear of residences for fire prevention

5. Fire prevention within under-story of Eucalyptus groves

6. Trail maintenance

EXHIBIT B

COMPENSATION

1. Contractor’s Compensation.

A. Services: City agrees to pay Contractor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Two Million One Hundred Fifty-Eight Thousand One Hundred Fifty-Five Dollars and Zero Cents ($2,158,155.00).

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Contractor’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

3. Measurement and Payments
A. Claims Against the Contractor – The LMM may withhold from any INVOICE due the Contractor, a sum sufficient to protect the City from loss on account of (1) Claims filed or reasonable evidence indicating probable filing of claims; (2) Defective work not remedied; (3) Failure of Contractor to make payments properly to subcontractors or for material or labor; (4) A reasonable doubt that the contract can be completed for the balance then unpaid; (5) Damage to another Contractor on the project, which amounts withheld will be paid upon removal of grounds for withholding payment; or (6) Any other reason specified in the contract as grounds for withholding such payments.

B. Contractor Claims Against the City – Effective January 1, 1991, the California Legislature has enacted a requirement that all contract claims of Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less on local government public works contracts must be submitted to mediation and judicial arbitration. Article 1.5 (Sections 20104 through 20104.8, inclusive) of Chapter 1 of Part 3 of the Public Contract Code concerning Resolution of Construction Claims, is hereby incorporated into this agreement.

C. Force Account Payment – Work requiring force account payment shall be made as specified in the Standard Specifications.

D. Vandalism Repairs – Vandalism incidents are to be reported to the City and a Work Order will be issued to authorize the repair. If the damage creates an immediate public hazard, the Contractor shall take immediate actions to safeguard the public and/or City property. The Contractor shall immediately contact the City for authorization to be reimbursed. The Contractor shall use personnel available to make the necessary repairs and make the area safe for the public. Provide all commercial invoicing for materials, which shall include unit prices and total cost plus fifteen percent (15%) for coordination and overhead to the Contractor. Include total for labor at pursuant to the rates agreed upon with the City.

E. Monthly Payments – The City will make monthly payments to the Contractor for landscape service completed within the Region for the previous month. The invoice may not be submitted until all items on the calendar of events have been completed in “Exhibit A, Section D, 10. Schedule of Landscaping and Irrigation Maintenance Services." The Contractor's representative and the Landscape Inspector may negotiate a change in the monthly schedule based upon seasonal impacts. This revision to services must be agreed upon prior to any billing.

The monthly payment invoice shall be submitted and shall clearly identify the Contractor, mailing address, California Contractor's license number, business phone number, fax number, invoice number, and billing date. The invoice will be totaled and shall match the Bid Sheet. The invoice may not be submitted until after the first day of the subsequent month of service.

All invoices and request for payment shall be submitted to:

[email protected]
Should the landscape maintenance service not meet the Specifications in “Section D – Special Provisions” and is deemed unsatisfactory, the Contractor's invoice will be held by the City. No further payments will be authorized until the Region is brought into compliance. If two (2) consecutive monthly invoices are withheld and a Two Hundred Fifty Dollar ($250.00) re-inspection fee has been deducted because the LMM deems that the Region is being maintained in an unsatisfactory condition, the City may implement default procedures outlined in these Specifications, see “Exhibit A, Section D. 9. Inspections, Defaults and Payment.” F. Travel and Subsistence Payments – In accordance with the provisions of Section 1773.8 of the Labor Code of the State of California, the successful bidder will be required to pay each workman travel and subsistence payments needed to execute this project, as such, the travel and subsistence payments are defined in the applicable collective bargaining agreements and filed in accordance with Section 1773.8 of the Labor Code of the State of California. Full compensation for conforming to the requirement of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed. All work originates in the City of Vallejo. The City will not pay for travel or transportation associated with maintenance contract, emergency call out, or extra work projects.

G. Withholding of Payment – THE CITY MAY WITHHOLD PAYMENT OF ANY MONTHLY MAINTENANCE INVOICE AND ANY OF THE FINAL THREE (3)

MONTHLY INVOICES PRIOR TO THE END OF THIS ANNUAL CONTRACT (APRIL, MAY, AND JUNE, SEE “EXHIBIT A, SECTION D. 9. INSPECTIONS, DEFAULTS AND PAYMENT”). These withholdings will only be returned to the Contractor upon satisfactory completion of the contract specifications, minus any re-inspection fee. This option will not in any way restrict the City from refusing total payment for any of these final three months should there be cause to do so.

4. Accounting Records of Contractor. Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.

The obligations of Contractor under this section shall survive this Agreement.

5. Taxes. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6. Taxpayer Identification Number. Contractor shall provide City with Contractor’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by
EXHIBIT B ATTACHMMENT 1

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Contractor, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.

C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

2. Minimum Limits of Insurance. Contractor shall maintain limits no less than:

A. General Liability: $5,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: $5,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor is not subject to California Workers’ Compensation requirements, Contractor shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.

3. Deductible and Self-Insured Retention (SIR). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

4. Other Insurance Provisions.

A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.

B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Contractor’s performance under this Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.

D. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.

E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

F. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

G. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

H. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:

City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590

7. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

8. Payment Withhold. City will withhold payments to Contractor if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Contractor otherwise ceases to be insured as required herein.

ACTION ITEM 9.D.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION AWARDING AND APPROVING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 7 (EAST VALLEJO) TO NORTH BAY LANDSCAPE MANAGEMENT, INC. FOR A MAXIMUM AMOUNT NOT TO EXCEED $1,352,802, AND REJECTING ALL OTHER BIDS

RECOMMENDATION
Adopt a Resolution awarding a Landscape Maintenance Services Contract for Region 7 (East Vallejo) to North Bay Landscape Management, Inc. of Petaluma, California for a maximum amount not to exceed $1,352,802, and rejecting all other bids.

REASONS FOR RECOMMENDATION
Landscape maintenance services will continue to be required in Region 7 of the LMDs. The term of the previous landscape maintenance contract for this region will expire June 30, 2025. Approval of this contract will provide needed landscape maintenance services for an initial term of one-year, with the option to extend for up to four additional one-year periods with a maximum 3% annual CPI (Consumer Price Index) increase.

BACKGROUND AND DISCUSSION
The City of Vallejo has 27 Landscape Maintenance Districts (LMD), which were formed in accordance with the Improvement Act of 1911, the City of Vallejo Municipal Code, the Landscape and Lighting Act of 1972, and Proposition 218. For contracting purposes, many of these districts have been organized into regions.

Establishment of these regions was intended to consolidate various LMDs into groups that were expected to result in a more efficient and cost-effective execution of the maintenance activities required in each LMD.

The following are the LMDs in Region 7:
• 168 – Greenmont/Seaport Hills
• 173 – Somerset Highlands I & II
• 177 – Bordoni Ranch
• 180 – Garthe Ranch
• 188 – Garthe Estates

Plans and Specifications were prepared and completed by City Staff and the project was advertised on March 11, 2025 and on April 1, 2025 sealed bids were opened and read publicly by the Deputy City Clerk. The results of the bids for the subject project were as follows:

Region 7:

The lowest responsive bidder for Region 7 is North
Bay Landscape Management, Inc, in the amount of
1 North Bay Landscape
Management Inc
$198,300
2 New Image Landscape Company $269,622.84

Date: May 13, 2025
Subject: ADOPT A RESOLUTION AWARDING AND APPROVING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 7 (EAST VALLEJO) TO NORTH BAY LANDSCAPE MANAGEMENT, INC. FOR A MAXIMUM AMOUNT NOT TO EXCEED $1,352,802, AND REJECTING ALL OTHER BIDS

$198,300 for a year’s worth of monthly maintenance. All submitted bid documents are complete, in order, and satisfy the requirements of the specification as advertised.

The contract is for the term of one year with the option of four one-year extensions with a maximum 3% annual CPI (Consumer Price Index) increase and a potential for change orders/additional services in the amount of $60,000 per contract year. Change orders for the last five years range from approximately $34,000 to $50,000.

Staff recommend awarding the contract for Region 7 to North Bay Landscape Management, Inc, a total not to exceed $1,352,802 for the life of the contract.

Year 1 Year 2* (If
extended)
Year 3* (if
extended)
Year 4* (if
extended)
Year 5* (if
extended)
Total 5 years
(contract life)
Region 7 Base Contract $198,300 $204,249 $210,376 $216,688 $223,188 $1,052,802 POTENTIAL rehab
maintenance/additional
work
$60,000 $60,000 $60,000 $60,000 $60,000 $300,000
Totals (Annual+
potential rehab)
$258,300 $264,249 $270,376 $276,688 $283,188 $1,352,802 *Estimated using 3% CPI Increase per FY

FISCAL IMPACT
There is no impact to the General Fund with the approval of this item.

Costs for the landscape maintenance services in Region 7 are funded through assessments of the property owners within the Region. Assessments received from each LMD are only expended in the LMD from which these funds are collected. The annual landscape maintenance costs for each specific LMD region are within their overall approved budgets.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h) because it authorizes the maintenance of existing landscaping.

ATTACHMENTS

1. RESO Award Region 7_CAO Stamp

2. Region 7 - North Bay - Annual Landscape Maintenance Services Contract_CAO Stamp

CONTACT
Melissa Tigbao P.E., Public Works Director, (707) 648-4433 [email protected]

RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AWARDING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 7 TO NORTH BAY LANDSCAPE MANAGEMENT, INC. OF PETALUMA, CALIFORNIA FOR A MAXIMUM AMOUNT NOT TO EXCEED $1,352,802, AND

REJECTING ALL OTHER BIDS
WHEREAS, the City of Vallejo has 27 Landscape Maintenance Districts (LMDs), and, for contracting purposes, those districts have been organized into regions, with Region 7 containing Greenmont/Seaport Hills, Somerset Highlands I & II, Bordoni Ranch, Garthe Ranch, and Garthe Estates; and WHEREAS, on February 20, 2025, the City of Vallejo advertised the Annual Landscape Maintenance Services Contract for Region 7 (the “Contract”) and on March 13, 2025, publicly opened bids; and WHEREAS, North Bay Landscape Management, Inc., a California corporation, submitted the lowest responsive bid in the amount of $198,300 for one year of regular monthly maintenance; and WHEREAS, the Contract has a term of one year and allows the City to exercise up to four one- (1-) year extensions with an annual maximum CPI adjustment of 3% for a maximum not-to-exceed amount of $1,352,802 over five years should all extensions be exercised; and WHEREAS, there is adequate funding to award the Contract for up to a five-year term.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo that an invitation for bids was duly advertised.

BE IT FURTHER RESOLVED by the City Council of the City of Vallejo that North Bay Landscape Management, Inc, of Petaluma, California is determined to be the lowest responsive bidder and is hereby awarded a contract in the not-to-exceed amount of $1,352,802 for Region 7, for the original Term and all approved extensions and said contract is awarded to said low bidder at the prices bid.

BE IT FURTHER RESOLVED that all other bids to-wit:

Region 7:

New Image Landscape Company $269,622.84
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract between the City of Vallejo and North Bay Landscape Management, Inc, of Petaluma, CA, with any modifications recommended by City Attorney, and the City Clerk to attest the signing of the contract.

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 13, 2025, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________

ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT
FOR
REGION 7 - ANNUAL LANDSCAPE MAINTENANCE SERVICES
THIS CONTRACT (“Contract”) made and concluded in duplicate this 1st day of July, 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and North Bay Landscape Management, Inc., a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said plans and specifications; and,
WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and,
WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said plans and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and, WHEREAS, Contractor was the lowest responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for the work and award to it a contract therefore.

NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. Scope of Work. The work to be done is shown in Exhibit A, entitled “Plans and Specifications,” which is incorporated herein by this reference.

The Contractor shall provide all labor, tools, and materials to do the work according to the terms and conditions specified herein and as provided for and set forth in said plans, specifications, and any addendum that may be issued prior to the date of bid, or in either of them, which said plans and specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:
(a) This Contract, including Exhibits A, B, and C;
(b) Contractor’s accepted Proposal;
(c) Change Orders, if approved;
(d) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(e) City of Vallejo Standard Specifications and Standard Drawings dated, December 20, 2011;
(f) Vallejo Flood & Wastewater District Engineering Design Standard, dated July 2020, and Engineering Standard Details, dated July 2020; and (g) Any other documents identified as such in the Contract Documents.

2. Terms and Conditions. This Contract consists of the Contract Documents identified in Section 1(a)-(g) above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.

The said Contractor agrees to receive and accept the prices set forth in the proposal in the annual amount of $198,300 with an annual maximum adjustment of 3% as measured by the Consumer Price Index for All Urban Consumers for the San Francisco-Oakland- Hayward area over the previous 12-month period for a maximum not to exceed One Million Three Hundred Fifty-Two Thousand Eight Hundred Two ($1,352,802.00) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA. Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth in Exhibit B, entitled “Compensation”, in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.

The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

4. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Contractor.” Failure to maintain required insurance at all times shall constitute a default and material breach.

5. Term. The term of this Contract shall commence on July 1, 2025 and shall continue in full force and effect until June 30, 2026.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one (1) year, by written notice to Contractor. The total duration of this Agreement, including the exercise of any options under this section, shall not extend beyond June 30, 2029.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to affect such continued payment are not appropriated, Contractor agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

If any option is exercised by the City, an increase may be granted equal to the average percentage variant for the previous twelve (12) months in the Consumer Price Index for All Urban Consumers (CPI-U), calculated by the U.S. Department of Labor, Bureau of Labor Statistics (BLS) for the Consolidated Metropolitan Statistical Area (CMSA) covering San Francisco-Oakland-San Jose.

6. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: Melissa Tigbao
Public Works Director
Public Works Department – LMD Region 7
555 Santa Clara Street
Vallejo, CA 94590
If to Contractor: Kevin Pottorff
CEO
North Bay Landscape Management, Inc.
444 Payran Street
Petaluma, CA 94952
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

7. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Plans and Specifications,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments

SIGNATURES ARE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

North Bay Landscape Management, Inc.
a California corporation
By:

Kevin Pottorff
CEO
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Andrew Murray
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao, P.E.

Public Works Director
APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager

EXHIBIT A

PLANS AND SPECIFICATIONS
SECTION A – DESCRIPTION OF PROJECT

1. Location: City of Vallejo

2. Representatives. The City Representative for this Agreement is:

James Olson
Senior Landscape Inspector
Public Works Department
Engineering – LMD Region 7
555 Santa Clara Street
Vallejo, CA 94590
(707) 648-4315
[email protected]
The Contractor’s Representative for this Agreement is:

Kevin Pottorff
CEO
North Bay Landscape Management, Inc.
444 Payran Street
Petaluma, CA 94952
(707) 762-3850
[email protected]
All routine administrative communications between the parties will be between the above- named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Contractor Representative and City’s Representative.

SECTION B – GENERAL REQUIREMENTS

1. Definitions and Terms
A. Standard Specifications – The Standard Specifications of the State of California, Department of Transportation, Division of Highways, July 1995 edition. Any reference therein to a State Agency or officer shall be interpreted as the corresponding City office or officer acting under this contract with address at City Hall, Vallejo, California 94590.

B. City – The City of Vallejo.

C. City Council – The governing body of the City.

D. Landscape Maintenance Manager (LMM) – The City management staff or his/her authorized managing agent who shall represent the City during the term of the contract.

E. City Specifications – The City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition.

F. VFWD – Vallejo Flood and Wastewater District’s Standard Specification, March 2007.

G. Landscape Inspector (includes Sr. Landscape Inspector) – The authorized agent who may represent the Landscape Maintenance Manager.

H. Responsibility of Contractor, Hold Harmless & Indemnity Agreement – The Contractor shall take all responsibility including stewardship for the work and shall defend, indemnify, release and hold harmless the City, its officers, officials, directors, employees, agents and volunteers, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract of work regardless of responsibility for negligence (including costs and expenses, which include attorney’s fees, incurred in connection therewith) and from any and all claims, loss, damage, injury, and liability, howsoever the same may be cause, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence (including costs and expenses, which include attorney’s fees, incurred in connection therewith), but excluding liability due to the sole negligence or willful misconduct of the City.

The City, pursuant to this contract and indemnity agreement, may, at the time of preparing and certifying the final voucher, and as a condition of preparing and certifying the same, require the Contractor to continue his bond or any part thereof, as security against any such unsatisfied claims, for a time not exceeding the time when such claims would be legally barred.

Approval of the insurance contracts required does not relieve the Contractor or subcontractors from liability under this hold harmless and responsibility clause.

The provisions of this section shall survive the expiration or termination of the Contract and are not limited by any provisions relating to insurance.

2. Scope of Work
A. General – Attention is directed to the provisions of “Section D – Special Provisions” of Exhibit A of this Contract, as supplemented herein, for the requirements and conditions concerning the scope of the work.

B. Increased and Decreased Quantities – The quantities given in the proposal form and Contract are approximate only, being given as a basis for the comparison of bids. The City of Vallejo does not, expressly or by implication, agrees that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work. All items of work will be paid for at the respective prices negotiated for such work done and accepted by the City.

C. Hours of Work – Normal working hours are 7:00 AM to 5:00 PM, Monday through Friday, excluding holidays observed by the City. No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the City.

3. Legal Relations and Responsibility
A. Hours of Labor – The Contractor shall forfeit, as a penalty, to the City, Twenty-Five Dollars ($25.00) for each work-person employed in the execution of the contract by the Contractor or any subcontractor under him/her for each calendar day during which such work person is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of provisions of the Labor Code of the State of California, Section 1810 to Section 1815.

B. Public Convenience and Safety – Contractor shall furnish, install, and maintain all traffic warning and directional signs necessary to maintain the facility in a passable condition at all times as part of this bid. Traffic control shall meet the requirements of the latest State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. Submit documentation prior to the commencement of contract and prior to optional renewal years that assigned staff has received Traffic Control Training in accordance with the California Department of Transportation regulations. The Contractor may be required to submit a Traffic Control Plan for review and approval by the City at any time during the duration of this contract.

The Contractor shall designate in writing the name, address and telephone number of the employee to contact after working hours for the proper maintenance of traffic barriers and warning signs. Full compensation for furnishing all flag-persons necessary for the direction of public traffic either through or around the work shall be considered as included in the various contract items of work, and no additional compensation will be allowed therefore.

C. Damage to Private Property – Any damage to private property caused by the Contractor and adjudged to be the responsibility of the Contractor by the LMM shall be rectified to the satisfaction of the LMM within a reasonable time, depending on the extent of the damage. Said reasonable time shall be as determined by the LMM, and if the condition is not rectified, the LMM shall have the power and authority to rectify said damage and the cost thereof to be paid for by the Contractor, either by direct payment to the City of Vallejo, or by deducting said amount from moneys due the Contractor.

4. Prosecution and Progress
Attention is directed to the provisions of these Specifications, “Section D – Special Provisions,” for the requirements and conditions concerning the prosecution and progress of the work and the assignment of the Contract.

5. Permits and Code
A. The City will not waive required permit fees for this project. All other aspects of this "Permits and Code" section still apply. The Contractor shall give all notices required by and comply with all applicable laws, ordinances and codes of the City of Vallejo. All construction work and/or utility installations shall comply with all applicable ordinances and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawings and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the City Landscape Inspector of the City of Vallejo. Where requirements of the Drawings and Technical Specifications fail to comply with such applicable ordinances and codes, the City of Vallejo will adjust the contract by Change Order to conform to such ordinances and codes (unless waivers in writing covering the differences have been granted by the governing body or department) and make appropriate adjustment in the contract price or stipulated unit prices.

Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility variance with any applicable ordinance or Code including any written waivers (notwithstanding the fact that such installation is in compliance with the Drawings and Technical Specifications) the Contractor shall remove such work without cost to the City and a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been made before the Contractor commenced work on the items involved.

B. The Contractor shall comply with applicable laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the project area and commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this contract.

6. Apprenticeship Requirements
California Labor Section 1777.5 requires in the employment of apprentices in public works contracts:

A. Only registered apprentices within a written agreement in an approved apprentice training program providing no less than two-thousand (2,000) hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077).

B. A contractor is no longer required to submit Form DAS-7 but must submit award information to the local applicable joint apprenticeship committee.

The award information must include:

1. An estimate of the journeyman hours;

2. The number of apprentices to be employed; and

3. The approximate dates of apprentice employment.

C. The minimum statutory 1:5 hourly ratio of work stipulates that no less than one (1) hour of apprentice work for every five (5) hours of journeyman labor on any day of work. Any journeyman work performed beyond eight (8) hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio.

This section shall not apply to specialty contractors or general contractors whose contracts involve less than Thirty Thousand Dollars ($30,000.00) or twenty (20) working days.

The Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the minimum 1:5 hourly ratio under any one of the following:

1. Unemployment exceeds an average of fifteen percent (15%) in the area for the previous three (3) month period;

2. The number of apprentices in training in such area exceeds a ratio of 1:5;

3. The apprentice able craft or trade is replacing at least one thirtieth of its journeymen annually through apprenticeship training, either locally or statewide;

4. The specific task would jeopardize the apprentice's life or public safety, or no training can be provided to an apprentice by a journeyman for the specific task.

D. Apprentices employed on public works projects can only be assigned to perform work of the craft or trade to which the apprentice is registered.

E. All contractors with employees in any apprentice able occupation, regardless of the actual employment of journeymen or apprentices for the awarded public work, must either contribute to the local training trust fund or to the Department of Industrial Relations, California Apprenticeship Council, P.O. Box 511283, Los Angeles, CA 90051-7838 (as set forth in Section 227).

F. All violations of Section 1777.5 shall pay a civil penalty of Fifty Dollars ($50.00) for each calendar day of noncompliance.

All willful violations of Section 1777.5 shall pay the Fifty Dollar ($50.00) fine for each calendar day of noncompliance and shall be denied the right to bid on, or to receive, any public works contract for a period of up to one year for the first violation and up to three (3) years for any additional violations.

Compliance disputes arising under Section 177.5 shall be adjudicated under Section 8 California Code of Regulations, Article 1.

G. Within five (5) days of a public works contract award, the awarding agency must send a copy of the award to the Division of Apprenticeship Standards under Section 1773.3.

Within five (5) days of finding any discrepancy regarding the hourly ratio of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards.

H. The Contractor shall be responsible for compliance for all apprentice able occupations within these sections.

7. Subcontracting
In accordance with the requirements of Sections 4100 and 4113, inclusive, of the Government Code, each bidder shall list in his proposal all the names and business address of each subcontractor to whom the bidder proposes to subcontract work and shall list. Each subcontractor licensed by the State of California and registered with the State of California Department of Industrial Relations. Said list shall include a description of the portion of the work which will be done by each subcontractor.

A sheet for listing the subcontractors is included herein.

8. Permits and Licenses
The California Environmental Quality Act of 1970 (Public Resource Code section 21100 et seq.) (“CEQA”), as amended, may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of this Contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

In the event that the City has obtained permits, licenses or other authorizations, applicable to the work, the Contractor shall comply with the provisions of said permits, licenses, and other authorizations.

9. Statistical Testing
Moving average requirements are waived.

10. Highway Construction Equipment
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

Attention is directed to the statements in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his/her equipment and the protection of the public from injury and damage from such equipment.

11. Equipment Rental Rates
Unless otherwise negotiated, the Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Public Works, Division of Highway's publication entitled, "Equipment Rental Rates and General Prevailing Wage Rates," latest edition.

When work, other than work specifically designated as landscape maintenance in the plans and specifications, is to be paid for on a Force Account basis and the LMM determines that such contract change required the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the LMM may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:

A. The LMM shall specifically approve the necessity for the use of particular equipment on such work.

B. The Contractor shall establish to the satisfaction of the LMM that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors.

C. The Contractor shall establish to the satisfaction of the LMM that the proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use.

D. The LMM shall approve the equipment source and the equipment rental rate to be paid by the City before the Contractor begins work involving the use of said equipment. All work originates within the City of Vallejo. The City will not pay for transportation or travel time.

12. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.

No internal combustion engine shall be operated on the project without said muffler.

The noise level from the Contractor’s operations, between the hours of 9:00 PM and 7:00 AM shall not exceed fifty (50) D.B.A. and between the hours of 7:00 AM and 9:00 PM shall not exceed eighty (80) D.B.A. at a distance of fifty feet (50’).

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

13. Hazardous Waste in Excavation
If the Contractor encounters material in excavation which the Contractor has reason to believe may be hazardous waste as defined by Section 25117 of the Health and Safety Code, the Contractor shall immediately so notify the LMM in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the LMM authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor shall be granted an extension of time.

If such suspension delays the current controlling operation by more than two (2) working days, the delay shall be considered a right of way delay and the Contractor shall be compensated for such delay.

The City reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area.

SECTION C – WAGE AND EQUIPMENT RATES

1. Prevailing Wage Rates
In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk. Should the minimum Federal Wage Rate be higher than the rate determined by the Director of the Department of Industrial Relations, then the Federal Wage Rate Determination shall govern.

The successful bidder will be required to post a copy of these general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein.

In addition, the City Charter of the City of Vallejo requires that the Contractor and all his/her subcontractors shall pay their employees on said work a salary or wage at least equal to the prevailing salary or wage for work of similar character in the locality in which the public work is performed. The Contractor shall, as a penalty, forfeit to the City Fifty Dollars ($50.00) for each calendar day or portion thereof, for each employee paid less than the prevailing salary or wage for any public work done under the contract by him/her or any subcontractor under him/her.

The State Labor Code states that for violations of public works laws relating to payment of prevailing wages, the City of Vallejo will be required to withhold from any progress payments owed to a contractor any amounts that have been forfeited as penalties, or as wages owed to employees, who have not been paid the prevailing wage for work performed. Effective 01/01/93, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement those cases where a contractor fails to bring a lawsuit for amounts withheld within ninety (90) days after the completion of the public works contract and formal acceptance of the job by the City.

Also, the Labor Commissioner is permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld. In the event that the Contract does not prevail in the lawsuit to recover the amounts withheld, the wages and penalties will then be forwarded to the Labor Commissioner for disbursement in the manner previously described.

2. Payroll Records
In accordance with the provisions of Section 1776 of the Labor Code of the State of California, the Contractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor in connection with this project. Upon request of the City, this payroll record shall be certified and available for inspection at all reasonable hours at the principal office of the successful bidder and a certified copy shall be furnished within ten (10) days after receipt of a written request by the following parties:

A. An employee or his/her authorized representative
B. City’s representative
C. Representative of Labor Standard Enforcement and Division of Apprenticeship Standard of Department of Industrial Relations.

Any copy of the payroll record made available for inspection and furnished to the public through the above entities shall not disclose names, addresses or social security numbers of individual employees except the name and address of the Contractor.

In the event of non-compliance with the requirement of this subdivision, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notices from the State or City. If the non-compliance is still evident after the ten-day period, the Contractor shall, as a penalty, forfeit to the City Twenty-Five Dollars ($25.00) for each calendar day, for each employee, until strict compliance is effectuated.

3. Equipment Rental Rates – Contractor Equipment rented by the City will be paid for at the rates listed in the “Equipment Rental Rates Table” of the State of California, Department of Public Works, Division of Highways, latest issue, for use in their Special Provisions, a copy of which Table of Rates is filed in the LMM's Office. Any Equipment rented from a vendor will be paid for as invoiced by the Rental Vendor.

SECTION D – SPECIAL PROVISIONS

1. Scope of Work
A. The work to be done includes furnishing all labor, material, tool, and equipment necessary to maintain all identified Landscape Maintenance Districts (LMD) in Region Seven (7), which may include but are not limited to: street frontages or parkways, parking lots, neighborhood park sites, open space parcels, and all other areas identified as public lands.

B. Maintenance and repair may include but are not limited to: view improvements, fire safety zones, LMD graffiti removal from signs and site fixtures/features entrance monuments, slope embankments, drainage basin facilities, erosion control, irrigation sprinkler systems, pest management, noxious weed eradication, LMD walking trails and care to ornamental or native turf, plants and trees.

C. The Contractor shall contact the Landscape Inspector or Landscape Maintenance Manager and not take any action when the Contractor receives any direction or requests from property owners or general public.

2. Scope of Responsibility
A. Plants – Any plants that die due to Contractor's negligence shall be replaced at the Contractor's expense, equal in plant size and conforming to City Specifications. Replacement shall be made within fifteen (15) working days from the date the defective plant is brought to the attention of the Contractor or, the City may option a warrantee replacement, with planting to occur between the months of October to December. The final warrantee replanting list will be confirmed by the City’s representative provided to the Contractor in the month of September.

B. Irrigation – Contractor shall maintain all existing irrigation systems. Failures in the irrigation system shall be brought to the Landscape Inspectors attention immediately and repairs made within twenty-four (24) hours of known break at Contractors expense.

C. Cleanup – It shall be the Contractor's responsibility to maintain the entire Landscape Region in a condition that is acceptable to the City and in compliance with this contract. The Contractor shall include a daily walk through of the entire Region for the removal of all trash, dead or dying branches, excess soil erosion, empty plant basins, grass clippings, weeds, or any other debris that may accumulate at the site as a result of natural causes. Leaf drop will be blown off the sidewalks and gutters weekly and piles picked up on the same day. The Contractor will not be able to leave piles to be picked up at a later day.

Due to the location or public perception along landscaped areas, parkways and facilities all trash receptacles will be checked three (3) times weekly and emptied if one-third (⅓) full or more. Additional cleanup may be performed, as necessary or as deemed necessary at no cost to the City. Incidental illegal dumping within the LMD shall be considered an Extra Work Order. Unless agreed upon by the Landscape Inspector, all debris listed above for cleanup or any scheduled trimming shall be removed from the site the same day as collected and will be disposed of in an authorized fashion.

D. Street Improvements – Clean median and keep weed free, including sidewalks, walkways, pedestrian paths, curbs and gutters along LMD frontages.

E. Vehicles/Contractor’s Personnel – All vehicles used by the Contractor must clearly display the firm's name and/or logo and comply with State of California Regulations. Any vehicles used for pesticide application must clearly display placards listing the pesticide being applied and the pesticide number. Placard must be visible to pedestrians and vehicles passing the area of application. All Contractor personnel shall wear appropriate personal protective equipment and identification badges, and safety vests shall be clearly marked with the company name.

F. The Contractor shall be expected to communicate with the Landscape Inspector throughout the month for remedial updates to service areas. The status of non-performance punch list items and expected completion date will be reviewed by the last week of each month. All non-performance punch lists are expected to be completed by the first week of the subsequent month, unless previous arrangements are made with the City. Copies of the non- performance punch lists will be sent to the Contractor.

G. Emergency Numbers – The Contractor shall be readily available by telephone during work hours. This shall not be an answering machine. In addition, the Contractor shall provide the City of Vallejo with an emergency call out listing where he/she may be contacted after normal working hours, on weekends and holidays. Emergency calls may be considered as part of maintenance and shall not be considered as an Extra Work Order, unless damage was caused by natural damage or vandalism. The Contractor shall also supply the fax numbers for the business. It is highly desirable that the Contractor shall have available and reliable cell phone communication service.

3. Irrigation System
A. Throughout the term of this agreement the Contractor shall identify all leaking or malfunctioning irrigation systems beyond the water meter including but not limited to: main lines, lateral lines, sprinkler heads, valves, quick couplers; and irrigation controllers. Landscape Inspector shall be notified of cost estimate for repairs or replacements of all malfunctioning/damaged irrigation systems and components. Backflow prevention devices shall be the responsibility of the City.

B. Before beginning these maintenance program operations under the provisions of this agreement, the Contractor shall inspect all existing irrigation systems on the site(s) covered by this agreement and shall report damage or malfunction of any system to the Landscape Inspector. Immediately, Contractor shall perform all irrigation system checks and provide a written report with station numbers and controller names to the City within ninety (90) calendar days of execution of contract. Contractor shall provide a detailed estimate for all necessary repair work with the irrigation system check report. Contractor shall coordinate system checks with City Landscape Inspector and provide a detailed schedule for each site with forty-eight (48) hour notice to the inspector for starting inspections.

C. It is the City’s objective to actively pursue water conservation within the Region. The Contractor shall adhere to the irrigation specifications and closely monitor the irrigation system to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized to prevent runoff.

D. All irrigation controller stations shall be labeled by Contractor in an easy to read manner inside each controller box. Labeling shall include a description of the areas covered by each station. Contractor shall use City provided nomenclature when labeling each controller cabinet.

E. Contractor shall verify flow rates of each irrigation zone per irrigation controller per site and program the controller to reflect actual flow rates as determined in the field. Results of actual flow rate conditions shall be reported to the Landscape Inspector.

F. Flushing of systems and cleaning or replacement of all filters within irrigation systems is routine maintenance and will not be considered extra work. The Contractor shall flush the end of drip lines bi-annually to remove all dirt buildup.

H. Plant material exhibiting signs of wilting due to lack of water shall result in withholding of monthly payment until the problem is corrected. Manual watering will be required as necessary to regain plant vigor at no extra cost to the City.

I. The Contractor shall maintain all valve boxes and lids in good condition. This includes removal of any plant growth inside the boxes and removing any excessive dirt or debris from the inside of the box. Standing water in the valve boxes shall not be allowed to remain permanently. The Contractor shall also keep all boxes free from rodents and insects, at no cost to the City.

J. When replacing valve boxes, contractor shall label per the City of Vallejo standard specifications.

K. Programming of controllers shall be performed by the City with recommendations provided by the Contractor to maintain healthy growing plant material. Each month the Contractor shall provide the Landscape Inspector with a complete written schedule of watering for all controllers needing increased or decreased water needs.

L. Watering for overhead spray and rotors shall be between 9:00 PM and 7:30 AM.

There may be exceptions that occur from changing weather conditions or to accommodate a special event. Only drip irrigation may run during day times.

Irrigation schedules shall be coordinated with the Landscape Inspector.

M. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water.

N. In the event of improper irrigation scheduling or maintenance, the City will contact the Contractor immediately to investigate and make needed changes.

O. The Contractor shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments, no later than ninety (90) calendar days after contract start date and again bi-annually prior to start of the irrigation season and at the end or as directed by the Landscape Inspector. The contractor shall supply the City with a written report of every system as it is completed.

3.1. Water Requirements
A. The Contractor shall have full responsibility to ensure watering requirements are met within each landscape area. Contractor’s forces shall be capable of performing repairs, installations and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a full-time basis.

B. The Contractor shall ensure that sprinkler heads are in good operational order, filters are cleaned regularly, and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally), sprinkler head exchanges and filter replacements will be considered as an extra work item which will need to be approved by Landscape Inspector prior to repairs made for compensation.

C. All valves shall close completely at the conclusion of the station watering program. Weeping valves shall be immediately reported to Landscape Inspector. Valve boxes shall be kept clean of rocks, soil, debris and silt to a depth of two inches (2”) below the bottom of the valve assembly. All valve box lids shall be in place and locking bolts secured at all times.

3.2. Irrigation Repairs
A. The Contractor shall have a qualified irrigation technician check each irrigation controller and activate all stations on every controller each month. Adjustments shall be made at that time, as well as documenting repairs needed that shall adhere to City of Vallejo Standard Specifications and submitted to the Landscape Inspector.

B. Main lines shall not demonstrate leakage when all control valves are in the closed position. All irrigation system repairs, including vandalism, shall be completed within twenty-four (24) hours of approved extra work. If repairs cannot be accomplished within the designated time period, the Contractor shall notify the Landscape Inspector immediately of the condition and supply estimated time of when the repairs will be made.

C. The Contractor shall be responsible for watering the area of irrigation system failure by other means (hose, etc.) until repairs are completed. Upon approval Contractor shall replace all broke irrigation systems with the same brand and model. Any material substitution shall be approved by the City prior to installation.

3.3. Controllers
A. The City of Vallejo’s LMDs have several different irrigation controllers installed.

Each controller is unique to the landscape area where irrigation is applied.

Contractor shall become familiar with and have a full understanding and master the operational functions of each controller system.

B. The Contractor shall ensure employees are qualified to maintain and troubleshoot the Controller Systems. Contractor shall have hardware/software capable of making adjustments in the field remotely to the irrigation systems.

Contractor shall be responsible for notifying the City of needed repairs to irrigation controllers.

C. RainMaster, TBOS II, and WeatherTRAK controllers are utilized in the LMD.

D. Automatic controllers and electrical conductors shall be kept operational year- round. Controllers shall be inspected periodically, and controller cabinets shall be maintained clear of debris, nests, snails and insects.

3.4. Irrigation System Vandalism
The cost of parts and labor to replace stolen or vandalized portions of the irrigation system are considered an extra work item. Contractor is responsible for notifying these issues and locations to the City, so a report can be made to the Vallejo Police Department.

4. Water Management Program
A. City shall provide all the water and electricity necessary for the Contractor to perform the services except instances where excessive costs are incurred by the City due to water/electricity waste or negligence by the Contractor. If the City determines that excessive utility costs due to waste or negligence have occurred and are a result of Contractor's actions, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs.

B. For any controller schedule not supplied by the 10th day of the current month by Contractor in any month, a Fifty Dollar ($50.00) penalty per controller per day will be assessed. Contractor shall have the penalty deducted from the monthly bill for the District financially responsible for that irrigation controller.

C. If there is a difference of opinion between the City and the Contractor as to the whether there has been waste due to the negligence of the Contractor, the opinion of the City shall prevail.

D. The Contractor shall meet with the City to discuss water management as requested.

E. A monthly irrigation “base schedule” is developed based upon current controller settings and the feedback of moisture probing results. Adjustments of controllers shall be made by City from recommendations by Contractor.

Once the Contractor has the correct run times for any given month, the starting "base schedule" is acquired. Adjustments to the "base schedule" shall occur throughout the month to accommodate changes in area use and/or environmental changes to individual sites.

4.1. Irrigation Schedule
A. Monthly the Contractor shall provide to the City a report of irrigation controller setting needs for the current month in electronic format. This report will include the following information:

1. All irrigation programs set on controllers.

2. Irrigation schedule start times for each irrigation program.

3. Irrigation run-days for each irrigation program.

4. Irrigation cycle length, in minutes for each station in irrigation program.

5. Number of repeat cycles for each station in an irrigation program.

B. All required scheduling and operation of the automatic irrigation controllers reflecting weather changes and water needs shall be covered under this Contract. Contractor shall recommend all adjustments and settings of automatic controllers to the City. All systems shall be programmed as needed to maintain plants in a healthy, vigorous condition. The irrigation controller program is to be sufficient to keep the plant material healthy without excessive water use. Valve areas appearing to be over or under watered are to be further tested by the contractor and as directed by the City. Soil probing shall be conducted to determine soil moisture levels for automated overhead irrigation circuits.

C. Reports shall be submitted by the 10 th of each month.

D. Evapotranspiration (E.T.) shall be incorporated into the settings of the irrigation controller computerized central programming.

5. Landscape Maintenance Standards

5.1. Turf Care
A. Mowing

1. Turf shall be mowed weekly during the growing season and as required during the winter months.

2. The height of cutting shall be maintained consistently to prevent scalping or burn. The mowing height shall be appropriate to the turf species. Turf shall not be mowed lower than two and a half inches (2½”) in height. Cut heights shall have an average maintained height of three (3”) to four inches (4”).

3. Grass clippings or debris caused by mowing or trimming shall be collected and removed from adjacent walks, streets, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. Nothing shall be allowed to stay in the vicinity of a storm water inlet/catch basin(s) nor be allowed to enter into any inlet, catch basin or body of water.

4. Mowing patterns shall be alternated each week to avoid creating ruts and compaction.

5. All mowed clippings shall be removed from the job site including any leaf debris blown onto structures, vehicles, or utilities on the same day.

Mowers and edgers shall be cleaned and maintained of all turf debris before working on City contracts to prevent contamination of the City turf from outside sources.

B. Edging

1. All lawn edges along sidewalks and curbs shall be edged before each mowing event.

2. Edging shall be performed with a blade type mechanical edger. The cut edge should appear as a clean, straight line.

3. A monofilament line trimmer shall be used to trim around obstacles within the lawn area. Care shall be taken to ensure that the bark of trees and shrubs are not damaged or stripped by the line trimmer.

4. Lawn sprinkler heads shall only be edged to allow for proper distribution of water.

5. A round tree well shall be maintained just beyond the drip line of newly planted trees to encompass all tree stakes and guys. Older established trees shall have their basin cleared twelve inches (12”) from the trunk and maintained.

6. Allowing the mower deck or string line trimmer to come in contact with the basal Region of the tree or any exposed storage root is not permitted. The Contractor shall be liable for any basal injury repairs.

7. Edges of lawns against all paved areas, around valve boxes, and other utilities shall be kept neatly edged.

C. Fertilization
Turf will require a regular schedule of maintenance based on turf health and needs. The City expects a healthy green appearance and an annual fertilizer program not to exceed an approximate four (4) applications annually of a slow release fertilizer. Failed applications must be followed by re-applications or hand removal of weeds as directed by the City. Any infestation of turf disease or insect infestations must be identified, controlled in a timely manner, and reported to the City.

D. Aeration
Annual service completed by October 31st. Prior to aerating, a forty-eight (48) hour notice shall be given to the City Landscape Inspector to verify work. A coring tine shall be used for aeration. Multiple passes shall be made with the aerating device to ensure that tine holes are no more than two and a half inches (2.5”) apart. Aerator tines shall sink at least three and a half inches (3.5”) deep.

Tine cores shall be raked and removed the same day as aeration.

E. Weed Control

1. All Landscaped areas shall be maintained for weeds, organic & inorganic litter. Cutting and removal of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive action to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers, along fence lines, etc.

4. It is the intention of the City not to allow weeds of smaller dimensions of three inches (3”) in height or diameter in the landscape. Weeds shall be manually removed by herbicide with green coloring.

5. "Rust" infestations may require a high calcium nitrate-based fertilizer in winter months to maintain good, green color. Contractor shall selectively apply chemicals to control weed grasses and broadleaf weeds such as, but not limited to, various broadleaves, Poa annua, and Digitaria species. Any infestation of turf disease or insect infestations must be identified, controlled in a timely manner, and reported to the City.

6. Sedimentation shall be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

F. Irrigation
Lawn irrigation shall be adjusted to cover and present the best appearance to ensure consistent healthy growing conditions. Irrigation maintenance shall be per “Section 3. Irrigation System” of these specifications.

5.2. Ground Cover
A. Pruning

1. Utilize herbicides or mechanical trimming to maintain a neat, attractive appearance year-round. The Contractor is expected to have in the Base Bid an effective IPM per “Section 7. IPM Program” of these specifications, to combat various infestations that are endemic and may occur in the ground covers.

2. All ground covers and shrubs in the City of Vallejo shall be routinely maintained one foot (1’) behind the back of cobble, curbs, pathways, roadways, medians, fences & sidewalks.

3. Low-growing shrubs designed in the landscape as ground covers classified as ‘Prostratus,’ ‘Horizontalis,’ ‘Compacta,’ etc. shall be neatly trimmed and routinely maintained at an attractive form and appearance.

4. Ground cover shall not be allowed to touch or cover crowns of shrubs and trees.

5. Any plants that are known to be subject to disease shall have diseased branches selectively pruned out. Contractor shall be responsible for the removal and disposal of damaged plant material.

B. Fertilization

1. During rainy season before the end of February, apply 16-6-8 or approved equal at two and a half (2.5) pounds actual nitrogen per one-thousand (1,000) square feet to ground cover.

2. Arctostaphylos and Rosa sp.: Each plant shall be given a handful of balanced fertilizer in November and in the final two (2) weeks of March each year, or as directed by the City.

3. Fertilizer is scheduled to be applied seasonally. Following the application, the ground shall be watered thoroughly to leach the nutrients through the root zone; forty-eight (48) hour prior notification to the City is required.

Caution: The Contractor shall prevent over watering which could result in hillside slumps, nutrient runoff to adjacent properties or water courses which in turn may lead to water pollution.

C. Weed Care

1. Landscaped areas shall be maintained for weeds, organic & inorganic litter.

Cutting and removal of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive steps to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers and along fence lines.

4. It is the intention of the city not to allow weeds of the smaller dimensions of three inches (3”) in height or diameter in the landscape. Weeds shall be manually removed by herbicide with green coloring.

5. Sedimentation shall be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

D. Irrigation
Irrigation shall be adjusted to cover and present the best appearance to ensure consistent healthy growing conditions. Irrigation maintenance shall be per “Section 3. Irrigation System” of these specifications.

5.3. Shrubs/Vines
A. Pruning

1. Shrubs and vines shall be pruned to maintain growth within space limitations, to maintain or enhance the natural growth habit, or to eliminate diseased or damaged growth. Some species shall be trimmed appropriately to influence flowering and fruiting, or to improve vigor.

2. Shrubs and vines must be trimmed as needed to permit unobstructed passage to residents or vehicles. Trimming near vehicular entry or exits shall be carried out to prevent line of sight restrictions.

3. Shrubs shall be pruned to conform to the design concept of the landscape.

Individual shrubs shall not be clipped into balled or boxed forms, except where specifically instructed.

4. Contractor shall prune all shrubs and hedges, including but not limited to, the removal of dead and/or broken branches, suckers or sprouts, branches that may hang over walkways, grow through fences or obscure roadway vision. Pruning shall be performed to have shrubs appear neat and orderly at all times.

5. Vines shall be pruned to control growth and direction, and shall not be allowed to grow over windows, doors or other structural features, unless directed by the City. Vines shall not be allowed to grow over the crowns of shrubs or trees.

6. The Contractor shall ensure that appropriate vehicle, tools and crews are available and correctly selected for the various vegetative maintenance tasks within these specifications. Pruning tools shall be kept sharp, clean and disease free. The Contractor shall have a regular (monthly) maintenance service cycle which identifies all dead shrubs or dead and broken branches that will be pruned and removed throughout the Region monthly.

7. The Contractor shall remove all tree and shrub trimmings from the maintenance site the same day of the pruning. At no time shall vegetation be allowed to cover or impede access or visibility of any cross street, utility service, vault or box, street sign, or electrifier.

B. Fertilization

1. All plant material in LMD require the addition of complete nutrients to promote good growth. Fertilizers shall be urea-based or labeled slow- release and contain nitrogen, phosphate and potash. No nutrients shall be allowed to spill onto walks or into drains. The following Specifications have been prepared to identify what type of nutrient treatment will occur. All nutrients submitted by Contractor must be approved by City prior to purchasing.

2. Most shrubs and vines should be fertilized annually. Plants that have reached maturity may not require annual fertilization.

3. All actively growing plants not yet at maturity shall be fertilized yearly during the months of February through March. Contractor shall apply an appropriate slow-release, long-lasting complete fertilizer, controlled- release fertilizer, or plant tablets at the manufacturer’s recommended application rate.

4. All plants shall be observed for signs of nutrient deficiencies and treated to correct deficiencies throughout the year. Nutrient deficiency shall be brought to the attention of the City and properly identified prior to treatment.

C. Weed Control

1. Landscaped areas are maintained for weeds, organic & inorganic litter.

Cutting and pick-up of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive measures to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers and along fence lines.

4. It is the intention of the city not to allow weeds of the smaller dimensions of three inches (3”) in height or diameter in the landscape. Weeds shall be manually removed by herbicide with green coloring.

5. Sedimentation will be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re- inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

5.4. Trees
A. Pruning

1. All trees shall be regularly observed by a Certified Arborist. All tree pruning will be supervised by a Certified Arborist.

2. Pruning must be carried out to permit unobstructed passage to pedestrians and motor vehicles and to prevent sight restrictions near intersections. This means that branches shall be maintained to (10) feet above sidewalks and fourteen feet (14’) above traffic lanes aligned over the face of curb.

3. Mature tree policy – branching greater than three inches (3”) has been determined by the City to require hand or power saws for removal of limbs and requires specific shaping. This may be authorized by a Change Order.

4. Stripping of lower branches (“raising up”) of young trees shall not be permitted. Lower branches shall be retained in a “tipped back” or pinched condition with as much foliage as possible to promote trunk caliper. Lower branches should be cut off only after the tree is able to stand erect without staking or other support.

5. All trees shall be pruned to promote structural strength and to accentuate the natural form and features of the tree.

6. Thinning of certain species and individual specimens may be required to prevent wind damage. Suckers, water sprouts, rubbing and heavily laden branches shall be removed to provide less wind resistance.

7. All trees shall be allowed to grow to their natural genetic form and size, unless specifically noted by the Landscape Inspector.

8. Contractor shall perform inspections after every hard wind and/or rain storm to determine possible damage incurred and make
recommendations for care.

9. The following may be authorized by a Change Order: all trunks and limbs greater than three inches (3”) within the Public Right of Way and residences, leaning or broken due to wind, rain, vandalism, tree debris caused by storms or natural damage, etc. shall be properly pruned and picked up immediately.

10. The Contractor shall ensure that appropriate vehicle, tools and crews are available and correctly selected for the various vegetative maintenance tasks within these specifications. Pruning tools shall be kept sharp, clean and disease free. The Contractor will have a regular (monthly) maintenance service cycle which identifies all dead trees or dead and broken branches that will be pruned and removed throughout the Region.

11. The Contractor shall remove all tree and shrub trimmings from the maintenance site the same day of the pruning. At no time shall vegetation be allowed to cover or impede access or visibility of any cross street, utility service, vault or box, street sign, or electrifier.

B. Staking
The Contractor shall remove staking that has been attached to a tree for three (3) years or more. Stakes shall be inspected, especially after wind and/or rain storms. Stakes and ties shall be in good repair, replaced and maintained in-line at the Contractor’s cost.

C. Fertilizing

1. Shade trees up to a three-inch (3”) caliper shall be fertilized as directed by the City, with an 8-10-10 fertilizer containing micro-elements or equivalent at the rate of one (1) pound per caliper inch of trunk diameter at breast height (DBH).

2. Palm trees shall be fertilized utilizing a 13-3-13 fertilizer containing microelements or equivalent at the rate of one (1) to five (5) pounds per palm, dependent on the truck diameter, generally one-half (½) pounds per inch of trunk diameter as directed by the City.

D. Disease/Pests

1. Monitor any tree for disease or insect infestations – the Contractor shall be expected to provide an advisor’s recommendation should tree health be observed as adverse.

2. Pest control – the Contractor shall identify pests and contact the City before proceeding with any chemical application. The City may authorize this work to combat an infection on any identified tree(s) by issuance of a Change Order.

3. Insect control shall be provided for insects identified by the Contractor or City staff as problematic and shall be treated as needed upon approval of the City. Some specific insects to be controlled include but are not limited to aphids, scale, white fly, thrips, spider mites, and scale.

4. All damaged, dead or diseased limbs resulting from weather or pests shall be removed immediately.

5.5. General Pruning Requirements
A. During mid-fall season, at the onset of cold weather, Contractor shall hedge/prune all trees, shrubs and ground cover, one-foot (1’) behind sidewalks, streets, medians, fences and shall provide a one-foot (1’) clearance around all utilities. Contractor shall maintain the clearance behind the curb, walkway or utility infrastructure encroachment throughout the year.

Contractor shall not begin new hedging on any shrubs unless directed by the City. Refer to Contract for any specific scheduling not mentioned in these Specifications. Any shrub areas which are determined by the City to exhibit poor pruning practices with unsightly visible stubbing will result in re-trimming at the Contractors expense. Listed are Special Instructions, which the Contractor will be required to perform:

B. Damaged growth from vehicular incident damage in medians or behind the curb shall be pinched back and pruned to shape new growth. Ground covers, shrubs and trees shall be kept back three feet (3’) from all utilities. Utilities include but are not limited to: fire hydrants, PG&E vaults, manhole covers, telephone or cable TV cabinets, and specific drainage improvements. Areas that are public open space and not formal landscaped areas with utility structures, utility road access and debris flow corridors shall be maintained free of weeds and vegetation in excess of two inches (2”) in height for at least twenty feet (20’) back from the street or sidewalk and two feet (2’) clearance along any fences.

C. Fencing – Contractor shall annually inspect fencing and shall establish a two- foot (2’) pathway and prune any vegetation which has grown into any private fence originating from public property. Hold all shrubbery back from the Fence line by directional pruning or plant growth regulators.

D. Streets – Standard for visual traffic safety, the height shall not exceed three feet (3’) as measured from pavement at the stop sign or corner of the cross traffic. Prune all landscapes at street intersections. Eliminate vehicular line of sight obstructions in all directions for the distances indicated below:

Type of Intersection Site Distance
Residential streets 200 feet
Collector streets 250 feet
Arterial streets 350 feet
E. Distance adjustments for these specifications will be made for medians, slopes, and curves.

F. Mature Landscaping – Foliage in landscaping areas, medians, intersections, planting strips, or other maintained areas determined by the City to require more than normal pruning will be identified and maintained at no extra cost, including but not limited to special shaping, view corridor, hard pruning of large plants. The Contractor shall not remove any living tree or shrub without consent from the City.

5.6. Hardscape
A. Cobbled Medians and Streets – Annually during the term of the Contract, the Contractor shall keep all mortared cobble and stamped concrete in the medians, and any other cobbled areas neat and clean in appearance.

B. Decomposed Granite – Contractor is responsible for identifying areas that need repair due to erosion, low spots and natural run off. Repairs are considered a Change Order, Contractor shall verify color and estimate with the Landscape Inspector before installation. Decomposed granite installation shall be to grade, compact, and stabilizer shall be used per manufacturer’s specifications.

C. Signs – Contractor shall immediately contact the City any time that a political sign shows up in the LMD. The City shall provide directions on how the political sign is to be treated. The Contractor shall remove all other signs and stakes identified in public areas.

D. Irrigation controller boxes and utility boxes that pertain to landscaping services shall be painted green and cleaned during the term of the Contract. The Contractor shall repaint any vandalized controller cabinet immediately after any graffiti appears on the cabinet. Stainless steel cabinets should also be cleaned with graffiti remover.

E. Paved sidewalks, medians, bike-paths and patio areas shall be swept or blown off with a power blower on a weekly basis.

5.7. Litter Removal/Debris
A. Objects that are unsightly or present obstacles to mowing and other grounds maintenance operations, including but not limited to: rocks in lawn areas, wind and storm damage items; paper, glass, trash, or debris deposited or blown onto the sites, palm fronds and tree limbs; and illegally posted signs within the Public Right of Way, are to be removed at Contractor’s expense.

B. Litter removal from turf areas and plant beds and designated Right of Way areas shall be completed prior to each mowing operation in the same day.

C. The City reserves the right to request debris removal services upon findings of noncompliance.

D.Trash Pick-up – Trash and debris (including cigarette butts) shall be picked up daily each week. Mondays and Fridays are considered exceptionally heavy, and special attention is to be set on major roadways, thoroughfares and highly traffic areas.

E. Parking Lots require daily service for the removal of trash and leaf litter in and around planters, curbs, gutters, parking stalls, sidewalks, etc.

6. Weed Control Standards for Open Space Areas
GENERAL – Vallejo Fire Department Fire Prevention Division Weed Abatement Guidelines are included in these specifications.

SCOPE – This guideline is necessary to provide fire control points and to create or maintain a defensible space around buildings and property lines. Creating defensible space will help minimize fire damage and provide a space or fuel break where firefighters can defend against fire.

CODES AND STANDARDS – Weeds, grass, vines and other growth that are capable of endangering property shall be cut down and removed by the Contractor. Vegetation clearance requirements in the wild land-urban interface areas shall be in accordance with CFC Chapter 49, CFC Section 304.1.2: Vegetation and Title 19, Division 1§307(b): Clearances.

A. Abatement Criteria
Parcels five (5) acres or less must have all combustible growth cut and removed.

A defensible space of thirty (30’) to one-hundred feet (100’) depending on grade and other factors, around all structures, either man-made or natural, in which material is capable of allowing fire to spread unchecked, must be cleared, treated or modified to slow the rate and intensity of an approaching fire.

Roadways, driveways and Fire Department access roads shall be cleared of combustible vegetation equal to the width of the road plus ten feet (10’) on both sides. The contractor must also mitigate any additional fire hazard(s) that are determined by the City's Fire Chief.

Mowing is acceptable. These areas would include but are not limited to biologically sensitive areas or habitats.

Mowing with a tractor is sometimes impractical due to terrain. Mowing with a handheld weed-eater is acceptable and referred to as "handwork." In some cases, use of goats and sheep are acceptable abatement practices.

If the Contractor notices the existence of rare, threatened or endangered plants or wildlife on City property, Contractor must notify the City, Department of Fish and Game, or the appropriate agency at least ten (10) days in advance of undertaking the vegetation clearance. If the Contractor is aware of any State or Federally-listed species on the property, then the City, U.S. Fish and Wildlife Service and the Department of Fish and Game should be notified prior to abatement. If a State or Federal candidate or listed species is killed, injured or captured, the Contractor shall report this information to the City, Department of Fish and Game or U.S. Fish and Wildlife Service respectfully.

Safety Reminder

1. When mowing weeds, it is imperative to work safely. One small spark from a mower blade hitting a rock can result in fire. All mowing should be completed as early in the morning as possible, while temperatures are low, humidity is high, and grasses are still damp with dew. When mowing always have water, a fire extinguisher and pointed shovel handy. Mow early and often.

FIGURE 1
Defensible Space Zones
Minimum Minimum Minimum
30’ x 30’ x 30’ x 30’ 30’ x 30’ x 30’ x 50’ 50’ x 50’ x 50’ x 100’

Down Slope Down Slope Down Slope
Level 0-10% Moderate Slope 11-30% Steep Slope Greater than 30%

2. The Contractor shall be responsible to cut, trim, or apply herbicides to grasses and broad leaf weeds as directed. Weed height control zones are shown in the attached Maps. Open Spaces shall be cut and maintained to a height of approximately six inches (6”) or less throughout the fire season as defined above. This Contract specifies that the Contractor will provide continuous control of all identified noxious summer broad and narrow leaf weed height for fire safety suppression. All long cutting in excess of three inches (3”) left on the ground and determined by the City to be a fire hazard, may be required to be picked up and removed off-site for disposal. All Open Space areas shall be included in a weekly trash pickup program.

3. The City is seeking to establish narrow grass plant communities in the weed height control zones and eliminate noxious weeds such as thistles, artichoke, etc. and still maintain erosion control. The Contractor could expect new plant communities which will receive treatments which shall enhance cover reproduction.

4. While fire season is in effect, these areas will receive weed height suppression only. Required Regulatory Compliance, the Contractor shall be cognizant of

the designated California Department of Forestry start date for "Fire Season" as well as "City of Vallejo Fire Department Standards for Completed Weed Abatement Work" as supplied by the City of Vallejo Fire Department, Weed Abatement Code Enforcement Officer. The Contractor, after five (5) calendar days of the start of Fire Season, shall have completed all weed cutting in the Open Spaces. The fire season for the City of Vallejo officially begins May 1st of each year unless CDF or USFS declare Fire Season to be officially opened prior to that date. If the Contractor fails to comply with this requirement, the City reserves the right and shall have the work done at the Contractor’s expense.

Total Abatement costs for cuttings, mowing and hauling will be deducted from the Contractor's future regular monthly payments.

5. Pre-emergence of the ground to control plants on weed height control zones is not permitted without approval by the City. Indiscriminate ground sterilization by the application of herbicides in any Open Space may constitute forfeiture of monthly payments until recovery of a well-rooted population. Where slopes have been stripped and sterilized of a rooting population by the Contractor, Contractor shall provide ongoing erosion control measures per City Specifications at no expense to the City.

6. The Contractor will start planning the weed height control program in the month of December. This Open Space weed height control program will be presented to the City for approval by January 15th. The January payment will be withheld if the Contractor fails to meet or provide in writing to the City the Open Space weed height control program for the coming fire season.

7. Asphalt pathways and trails identified on the Maps will receive a one-foot (1’) wide, weed free, height control zone on each side of the four foot (4’) wide trail.

The asphalt portion of the trail shall be weed free within the pavement cracking.

8. Only edge the weeds next to structures such as V-ditches, culverts, sub-drain outlets, rock dissipater, catch basins, etc.

9. Mechanical control of weed height may be performed in lieu of chemical control with authorization by the City. The Contractor will obtain approval from the City before utilizing heavy equipment to perform flail mowing, rotary mowing, and other generally approved mowing methods.

10.Develop a pre-emergence program for all landscaped areas and fence lines abutting the LMD.

11.The Contractor’s inability to complete scheduled fire prevention service identified in these Specifications may be grounds for a Two Hundred Fifty Dollar ($250.00) non-refundable re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

7. Integrated Pest Management Program (IPM)
A. The Contractor shall be licensed as a Pest Control Advisor or list a subcontractor licensed specialist to legally plan the annual Weed Height Control program and identify any pest management problems which may arise in the District.

B. The Contractor shall be familiar with various Integrated Pest Management (IPM) programs and is required to develop an IPM plan to effectively eradicate any diseases or pests which develop during the duration of this Contract.

C. The development and application of chemicals for the IPM program shall be the responsibility of the Contractor and will not be considered an Extra Work Order.

The City may, on demand, review all labels, licenses, certificates, categories, permits, or recommendations before chemicals are applied.

D. The written IPM plan and a label and Material Safety Data Sheets (MSDS) binder must be submitted each Contract year to the City for each pesticide to be used in any Region by January 1 st. These items must be submitted to the City prior to commencement of initial contract or renewal for optional year extension.

E. Pest control methods may include but are not necessarily limited to the following:

1. Pre-emergent herbicide applications

2. Post-emergent herbicide applications

3. Mechanical cultivation and disposal

4. String line trimming or mowing

5. Chemical growth regulators

6. Tree injection

7. Aquatic herbicide applications

8. Traps

9. Pre-bait and poison bait techniques

10.Debris or food source removal

11.Water jetting

12.Insecticide, fungicide, or other pesticide applications

13.Verdant and dormant spraying

14.Management of vector, host, predator, or grazing populations

15.Repeated control methods as necessary

16.Poison gas or fog applications
F. Chemical Sterilant – presently, City staff evaluates the use of certain pre-emergent chemicals within the LMD. It is the City’s intention at this time to restrict the use of Simazine or any pre-emergence which mimic’s Simazine to strictly crack and crevice work in the street unless otherwise approved by the City.

G. The Contractor shall be expected to provide a year-round control program for the control of snail and slug populations, specifically applications to ground covers along residential fence lines. It is unacceptable to find populations of these pests building up within ivy and other ground covers, inside of valve boxes, on structures, or within the canopy of plant material at any time of the year.

H. Pre-Emergent

1. Pre-emergent must receive 0.511 of rain or be watered within ten (10) days of application.

2. Areas seeded with wild-flowers shall be identified by the City and shall not be treated with pre-emergent herbicide.

I. Post-Emergent

1. All areas shall be kept free of weeds. Chemical and/or mechanical means may be used as appropriate. If any weeding is not performed, maintenance will be considered unsatisfactory.

2. Before applying herbicides, the type of weed shall be identified, and the control selected accordingly, using the most effective control for the species, the location and the season.

3. Weeds shall not be allowed to grow in paved areas such as driveways, walks, curbs, gutters, etc. Weeds may be removed manually or sprayed with an herbicide. Dead weeds shall be removed from the paved areas.

4. Contractor shall provide the labeling (MSDS) for each herbicide proposed before the product is applied.

5. Post-emergent shall be sprayed at the manufacturer’s recommended rates.

6. Weeds shall be controlled in turf areas. Mowing is not an acceptable method for weed control.

J. Policy – as an integral part of this program, the City shall require all employees, developers and contractors doing City work requiring the use of pesticides, herbicides and fertilizers to submit to the City: 1) a copy of MSDS for the proposed chemicals, 2) a use report, and 3) the location of application. The aforementioned will also be required to comply with City of Vallejo Pesticide Treatment Posting and Notification Policy (Attachment D). City of Vallejo will establish an IPM Coordinator as the central point of contact and record keeper for the IPM Program.

8. Trail and Pathways

8.1. Year-round, concrete, asphalt, gravel, and decomposed granite pathways shall be kept weed and vegetation free. Each side of the path shall have a one-foot clearance of weeds and vegetation.

8.2. Year-round, trails shall be kept weed and vegetation free at four (4) feet wide. On a quarterly basis, pathways and trails will be inspected for safety and function of:
surface conditions, signage, bollard placement, head-height clearance, erosion, fencing, gates and locks.

9. Inspections, Defaults and Payment
A. For landscape maintenance services not completed as scheduled, the City will withhold the monthly invoice and may charge a Two Hundred Fifty Dollar ($250.00) non-refundable re-inspection fee to the Contractor. The withheld payment minus the re-inspection fee will be released upon satisfactory completion of the landscape maintenance service.

B. Before award of the contract, the Contractor and City shall meet to discuss schedule of services, calendar, IPM Program and weed height control program. It is the Contractor's responsibility to ensure that management, supervision, sufficient labor, equipment, and materials are estimated, planned and scheduled for the Region. The Contractor, through his/her General Superintendent, is expected to coordinate the efforts of maintenance operations and personnel to provide the best long-term benefit to the LMD.

9.1. Inspections
i. The City shall evaluate landscape services performed in the LMD on a regular basis. The City does not give ongoing supervision to the Contractor’s forces.

The Contractor’s Area Manager shall monitor the work and provide direction to the work force in the LMD.
ii. The City and the Contractor’s Manager shall meet on a weekly basis to ensure the LMD is in compliance and provide the services necessary to complete the maintenance tasks described in these specifications.
iii. The Contractor will be required to accompany the Landscape Inspector or other City representative in person on a monthly drive-through inspection for contract compliance which may generate a punch list. The Contractor is also expected to take notes during such inspections. Notes will be made with reference to current maps.
iv. The Contractor shall be responsible to notify the City that the LMD is ready to begin the following three specific final inspections at the end of this Contract.

The end of contract inspection will be held on June 16 or by the first of the month. Monthly payments shall be held in full for noncompliance on any of these inspections.
90 Day - The City could request the contractor to conduct an Irrigation main line test for ruptures or leakage. The Contractor will report any leaks and shall make necessary repairs. No visible leaks shall be accepted. Cutting and pick- up of weeds and application of a pre- and post-emergence herbicide will be required whenever a previously scheduled pre-emergence herbicide application has failed. Dead shrubs and trimming shall be in compliance with these specifications. Progress on all remedial actions will be evaluated prior to approval of monthly payments. The City will work with the Contractor to ensure they are in compliance.
60 Day - Provide a PCA recommendation and apply a post emergent systemic herbicide on weeds remaining for areas, determined by the Landscape Inspector, which have completely failed in the contractors IPM program. This will be required whenever a pre-emergence herbicide application has failed within this contract and the landscape is unacceptable. Progress on all remedial actions will be evaluated prior to approval of monthly payments. The City will work with the Contractor to ensure they are in compliance. 30 Day - Final acceptance walk-through to inspect and evaluate the condition of the Region for incumbent contractor extension or contractor turnover. A final punch list may be provided to the Contractor to be completed by end of Contract date.

Contractor Transition: Upon the expiration of this Contract all remaining items on any punch list shall be deducted from the final billing and will be completed by the incoming Contractor.
v. No Change Order/Extra Work will be performed by the regularly assigned maintenance personnel.

9.2. Defaults, Diligent Prosecution of Work, Termination of Contract for Failure to Prosecute Work Diligently
i. As a material part of this Contract, the Contractor shall diligently prosecute and complete all described items of work specified herein. In the event the City determines that the work is not being completed with diligence, as evidenced by the LMD not being maintained in accordance with these Specifications herein or otherwise, the City shall inform the Contractor in writing of the specific area of deficiency within the LMD. The Contractor thereafter shall have ten (10) calendar days in which to comply with the City's deficiency letter. ii. In the event the Contractor does not complete the deficient work by the assigned date and evidence of non-compliance within the written Contract exists, the Contractor shall be recommended to the Director of Public Works for immediate termination of the Contract, or if there is compliance but thereafter, the work in the future is again not performed diligently, the City will immediately take the above written steps to terminate the Contract for cause.

The City shall give written notification for extending or termination of the contract on or before April 1st of each year.
iii. Replacements and Additional Maintenance to be included – the following items listed will clarify other landscape maintenance and material requirements which may not be included elsewhere in these Specifications:

Warranty – Plant materials damaged due to the Contractor's maintenance practices or non-performance of services shall be replaced with like material at no cost to the City. Upon notification from the City, replacements shall follow Section 5 of the City of Vallejo Standard Specifications. Replacement plant stock shall be inspected by the City prior to planting to verify proper sizing, healthy rooting, and vigor.

10. Schedule of Landscaping Maintenance Services
A. Upon award of contract, the maintenance Contractor is required to provide a detailed twelve (12) month calendar indicating the proposed work schedule prior to July 1 of each award year. The calendar must include, but is not limited to, details of the following: fertilization, aeration, tree trimming, mulching, painting of controllers, etc. The City may change requirements as based upon seasonal or other considerations. The calendar must detail the minimum typical monthly Schedule of Landscape Services.

B. The schedule on pages D-27 through D-30 are a suggested guide for reference, please refer to the standards in this contract for timeline requirements.

10.1. Schedule:

July
1) Continue maintaining ground covers away from fences and other features. 2) Continue maintaining line of sight obstruction at street intersections. 3) Continue maintaining vegetation along medians, streets, sidewalks, retaining walls, etc.

August
1) Continue completing maintenance care per Specifications. 2) Begin cutting out spent blossom spikes on shrubs such as Agapanthus, Echium, Moraea, Hemerocallis, Tulbaghia, Roses, etc. This is to be a weekly task to be carried out throughout the winter until spent blossom spikes subside. 3) Continue edging vegetation along medians, streets, sidewalks, retaining walls, etc.
4) Continue pruning vegetation for line of sight obstruction at street intersections.

September
1) Continue completing maintenance care per Specifications. 2) Continue pruning vegetation for line of sight obstruction at street intersections. 3) If identified on the Maps start to prune trees.
4) Continue maintenance of all v-ditches and compact soil along edges to prevent water access to beneath v-ditch.
5) Warrantee replacement plant list determined by the City.

October
1) Continue completing maintenance care per specifications. 2) Continue pruning trees, as in September.
3) Complete and check to be sure all appropriate shrubs and ground covers have been trimmed, edged, and sprayed to maintain desired shape through winter months.
4) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.
5) Per the Specifications, continue maintenance leaf litter removal program along gutters, landscape frontages, medians, sidewalks, planter beds, and beneath identified plant canopies.
6) Begin warrantee plant replacement program.

November
1) Continue maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies.
2) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.
3) Complete warrantee replacement plantings.

December
1) Continue completing maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies. This is to be as specified and completed throughout the fall and winter until leaf drop subsides. 2) Meet with the City to establish a program for weed control in Open Space areas for the following calendar year.
3) Continue weekly leaf litter removal in all areas.
4) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation as well as stamped concrete and entrance Monuments.
5) Power wash cobble, stamped concrete and entrance monuments.

January
1) Continue completing maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies.
2) Continue to maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

February
1) Continue completing maintenance care per Specifications. 2) Complete fertilizer application required for all sites. Refer to Section 5, Landscape Maintenance Standards.
3) Continue pruning of landscapes.
4) Tip back Salvia greggii and all other irregularly shaped shrubs. 5) Continue maintenance of drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

March
1) Continue maintenance care per Specifications. Fertilize all Rose species in final two (2) weeks of this month (Inspection required).
2) Continue pruning vegetation for line of site obstruction at street intersections. 3) Continue edging vegetation along medians, sidewalks, retaining walls, etc. 4) Continue vigorous regime of snail control.
5) Complete dormant pruning of trees, shrubs, and vines. 6) Continue to maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

April
1) Continue completing maintenance care per Specifications. 2) Continue pruning vegetation for line of site obstructions at street intersections. 3) Continue to check for aphid and other infestations in shrubs, ground covers, and trees.
4) Contractor shall have completed firebreaks in Open Spaces. All Open Spaces are chemically treated or cut for April payment.
5) Continue maintenance of drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

May
1) Continue completing maintenance care per Specifications. 2) Complete all deficient grass and weed height control areas. Be aware, Fire Season has started for the City of Vallejo and additional cutting may be warranted for the remainder of the dry season, per Specification. 3) Continue edging vegetation along medians, streets, sidewalks, retaining walls, etc.
4) Continue pruning vegetation for line of sight obstruction at street intersections. 5) Continue pruning vegetation for line of sight.
6) Provide a PCA recommendation and apply a post-emergent systemic herbicide on weeds remaining for areas determined by the Landscape Inspector which have completely failed in the Contractors IPM program. This will be required whenever a pre-emergence herbicide application has failed within this contract and the landscape is unacceptable. Progress on all remedial actions will be evaluated prior to approval of monthly payments.

June
1) Continue completing maintenance care per Specifications. 2) Summer watering irrigation controller program completed. 3) Complete pruning vegetation for line of sight obstruction at street intersections. 4) Complete edging vegetation along medians, streets, sidewalks, retaining walls, etc.

Inspection: Final acceptance walk-through to inspect and evaluate the condition of the LMD for incumbent contractor extension and contractor turnover. A final punch list may be provided to the Contractor to be completed by end of Contract date, June 30th.

REGION 7 LANDSCAPE MAINTENANCE DISTRICT (LMD) LOCATIONS The following descriptions of the locations within Region 7 are given as an aid to the contractor to locate the landscaped and firebreak areas. Maps enclosed within this contract are the leading document and, as such, will be the document used by the Landscape Manager and Inspectors to verify completion of work within each LMD. The districts within Region Seven are: GARTHE RANCH, HIGHLANDS AT GARTH

RANCH/GARTHE ESTATES, GREENMONT/SEAPORT HILLS, SOMERSET HIGHLANDS ONE & TWO, AND WATERSTONE BORDONI. The following duties are a brief description of typical work the contractor is responsible for, but not necessarily limited to:
1) Garthe Ranch
Services will be reduced in this district until an increase in assessments has been approved by residents. As of FY 24-25 services will be as follows:
reduced irrigation to mainline and turf areas only, keep defensible space compliant and once a month litter & as needed vegetation clearance.

A. Ascot Parkway frontages and center medians from Columbus Parkway eastward to Newcastle Drive. Georgia Street frontages from approximately Southport Way to Ascot Parkway. Hilary Way between Columbus and Ascot Parkways. Columbus Parkway slopes below the Coventry Hills subdivision, Somerset Heights Unit 1, Highland Apartments, and Self-Storage. The center medians along Columbus Parkway from Highland at Garthe Ranch/Garthe Estates boundary going northeast to Ascot Parkway. Frontages along Windsor, Westminster, Southport, Britannia, Ramsgate Way, and the pocket parks on Coventry Way and Knights Circle. Open space areas behind the residences of: Ascot Parkway, Britannia Drive, Hawkins Street, Southport Way, Georgia Street, Knight’s Circle, Canterbury Circle, Devonshire & Joel Courts, Devonshire Avenue, Countryview Court, Newcastle Drive & Court, Windsor &
Westminster Way, Sandhurst Drive & Court, and Saxony Court:

1. Maintain ground cover, shrubs and trees.

2. Weed height control zones.

3. Maintain concrete lined v-ditches.

4. Drainage systems, hiking trails, and access/fire roads.

5. Removal of litter and debris.
2) Highlands at Garthe Ranch / Garthe Estates
A. Medians along Columbus Parkway from approximately 200 feet north of Tennessee Street to end of median that is south of Springs Road.

B. The triangular planting easement on the southwest corner of Springs Road and Columbus; from gutter lip down to v-ditch at the bottom of slope; including maintenance of v-ditch.

C. The triangular planting easement on the northwest corner of Springs Road at Columbus Parkway; from gutter lip to in back of plantings at edge of slope.

D. Median strips and side strips/slopes along Springs Roads from Maywood Drive east to Eucalyptus Drive / Azevedo Ranch Road.

E. Southeast slope along Columbus Parkway below the homes on Lexington Drive; from Springs Road intersection south to Somerset 1&2 LMD boundary.

F. Northeast slope along Columbus Parkway; from Springs Road intersection north to the end of the wood-wire fence line at Garthe Ranch LMD boundary.

G. The ornamental landscaping at the park between Azevedo Ranch Road and Bernice Court. The following features may require a Change Order to repair and/or maintain: fencing, playground area, play structure, basketball court and fixtures, ornamental structures, benches, waste receptacles, grill, concrete wall and lights.

H. Fifty (50) to one hundred (100) foot Firebreak around perimeter of Parcel A. Include one fifty (50) foot wide swath bisecting the parcel at the approximate midway point.

I. Ten (10) foot wide weed height control zone on the east side along Eucalyptus Dr. from 1174 Azevedo Ranch Rd. to the beginning of firebreak near the cul de sac.

J. Gate keys will be maintained by the HOA.
3) Greenmont / Seaport Hills
A. Maintain the west side of Columbus Parkway for line of sight; 300 feet going north and south of Greenmont Drive and of Devlin Drive intersections; 10 feet back of roadway:

1. Trees, shrubs and succulent perennials.

2. Utility boxes & fire hydrant.

3. Weed height control.

4. Litter and debris.

B. From the corner of Columbus Parkway going west approximately 180 feet up both sides of Greenmont Drive and on both sides of Devlin Drive; from the gutter lip back 25 feet down the slope. These landscaped slopes abut to the first residents’ property on the north & south sides of the streets:

1. 25’ ornamental and native trees, shrubs, succulent
perennials, and ground cover on frontages.

C. Open Space weed height control zones on the north and south sides of Devlin Drive; behind the homes on Granada Street, Devlin Court, and Shea Terrace. Including, the slope on the south side of Devlin Drive from the v-ditch going west to the intersection of Shea Terrace (beside #1390):

1. Weed height control also includes native and ornamental trees, shrubs, ground covers and succulent perennials.

2. V-ditches, catch basins, grates and metal sidewalk plates.

D. Open Space weed height control zones on the north and south sides of Greenmont Drive behind the homes. On the south side of Greenmont; from access road above the creek bed to the fence line at the top of the slope and south to the old cattle fence. On the north side of Greenmont Drive; west of the power lines going south to the slope at the VSFCD pump station on Greenmont Drive and the slope and flat area behind the Greenmont Drive residences:

1. Slopes above and below the v-ditches including the native & ornamental trees, shrubs, perennial grasses and ground
cover to the fence line at the top of the slope.

2. V-ditches, catch basins, grates and metal sidewalk plates.

E. Open space between the homes in the ends of the cul-de-sacs of Easson, Jason, Pyracantha, Iris, Fuchsia, Hydrangea, Oleander, & Narcissus Courts and homes along Granada. From Devlin Drive access (on side of #1205), maintain from fence line to fence line heading southeast to the power line easement:

1. Weed height control also includes native and ornamental trees, shrubs, ground covers and succulent perennials.

2. V-ditch, catch basins and grates.
4) Somerset Highlands I & II
A. Center median island on Georgia Street at Columbus Parkway:

1. Ornamental trees, herbaceous perennials and the installation of annual bedding plants as needed.

2. Development sign and masonry monument is maintained by the City. All masonry or wood work is directed by the City.

B. Landscape frontage on Georgia Street to Lexington Drive, north side from gutter lip to retaining wall, south side from gutter lip to property line of the residents:

1. Ornamental trees, shrubs, herbaceous perennials and ground cover.

C. Intersection of Georgia Street & Columbus Parkway, north to subdivision boundary & south to Regents Park Drive fronting Columbus Parkway:

1. Ornamental trees, shrubs, herbaceous perennials and ivy ground cover.

2. Inlets to the culvert crossing at Georgia Street, Columbus Parkway and Regents Park Drive.

3. Weed height control on the slope from fence lines to the road edge.

4. Cedrus deodora and weed height control zone between the top of slope and culvert included.

D. Beginning at the intersection of Columbus Parkway along the north side of Regents Park Drive:

1. Shrubs, roses, and ground cover on corner of Regents Park Drive.

2. Ornamental trees within the weed height control zone.

E. Open space behind some of the homes on Garthe Court, Ashton Court, Dover Court, Brunswick Drive, Lancaster Drive, Devonshire Street, Primrose Lane, New Castle Drive, Windsor Way, Fleet Court and Regents Park Drive.
5) Waterstone Bordoni
A. The ornamental slopes/frontage on the south side of Regents Park Drive from Columbus Parkway east to Waterstone Parkway; from gutter lip to top-of-slope at Highland Park boundary line.

B. The center medians and both sides of Waterstone Parkway from Regents Park Drive to Abbey Drive; including the street trees.

C. The frontage easements on the east and west sides of Regents Park Drive at Seaglass Drive; on south side of Stonebrooke Drive; Along Brookside Drive from Stonebrooke Drive to Rainwater Drive.

1. Maintain ground cover, succulent perennials, shrubs and trees.

2. Edge around all utility boxes.

3. Weed height control zones.

4. Removal of litter and debris.

D. Open space weight height control:

1. At the access on Stonebrooke Drive.

2. Slope on the south side of Waterstone Parkway going
southwest around the homes on Seaglass Drive.

3. Behind the homes on Seaglass Drive between Abbey Drive and Regents Park Drive.

4. Slope on the east side of Columbus Parkway just south of Regents Park Drive; from top of slope at Highland Park
boundary to chain-link fence at toe-of-slope.

5. Slopes east and west of Brookside drive; behind homes on Rainwater; behind homes on Blue River Drive
E. *Waterstone 2A & 2B will be added during the 25-26 fiscal year, exact date unknown at this time.

1. Ornamental landscape at northeast and northwest corners of Bordoni Drive and Columbus Parkway. Ornamental landscape on slopes on Bordoni Drive between Running Spring Drive and Rainwater Drive. Ornamental on slope bounded by Waterfall Lane, Rockaway Drive and Sandpebble Court.

2. Open space weed height control on slopes behind Bordoni Drive, Bordoni Court, Rainwater Drive, Waterfall Lane and Blue River Drive, slope on northeast side of Bordoni Drive between Running Springs Drive and Rainwater Drive, slope between Rockaway Drive, Sandpebble Court, and Waterfall Lane

3. Roadside edge along Bordoni Drive from Columbus Parkway to Running Spring Drive. Along the east side of Columbus Parkway from the existing limit near Regents Parkway to subdivision boundary near Benicia Road.

4. Bio-retention Basin on the east side of Columbus Parkway

5. Trail at the end of Bordoni Court, ending at the City Limit

*

EXHIBIT B

COMPENSATION

1. Contractor’s Compensation.

A. Services: City agrees to pay Contractor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed One Million Three Hundred Fifty-Two Thousand Eight Hundred Two ($1,352,802.00).

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Contractor’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

3. Measurement and Payments
A. Claims Against the Contractor – The LMM may withhold from any INVOICE due the Contractor, a sum sufficient to protect the City from loss on account of (1) Claims filed or reasonable evidence indicating probable filing of claims; (2) Defective work not remedied; (3) Failure of Contractor to make payments properly to subcontractors or for material or labor; (4) A reasonable doubt that the contract can be completed for the balance then unpaid; (5) Damage to another Contractor on the project, which amounts withheld will be paid upon removal of grounds for withholding payment; or (6) Any other reason specified in the contract as grounds for withholding such payments.

B. Contractor Claims Against the City – Effective January 1, 1991, the California Legislature has enacted a requirement that all contract claims of Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less on local government public works contracts must be submitted to mediation and judicial arbitration. Article 1.5 (Sections 20104 through 20104.8, inclusive) of Chapter 1 of Part 3 of the Public Contract Code concerning Resolution of Construction Claims, is hereby incorporated into this agreement.

C. Force Account Payment – Work requiring force account payment shall be made as specified in the Standard Specifications.

D. Vandalism Repairs – Vandalism incidents are to be reported to the City and a Work Order will be issued to authorize the repair. If the damage creates an immediate public hazard, the Contractor shall take immediate actions to safeguard the public and/or City property. The Contractor shall immediately contact the City for authorization to be reimbursed. The Contractor shall use personnel available to make the necessary repairs and make the area safe for the public. Provide all commercial invoicing for materials, which shall include unit prices and total cost plus fifteen percent (15%) for coordination and overhead to the Contractor. Include total for labor at pursuant to the rates agreed upon with the City.

E. Monthly Payments – The City will make monthly payments to the Contractor for landscape service completed within the Region for the previous month. The invoice may not be submitted until all items on the calendar of events have been completed in “Exhibit A, Section D, 10. Schedule of Landscaping and Irrigation Maintenance Services." The Contractor's representative and the Landscape Inspector may negotiate a change in the monthly schedule based upon seasonal impacts. This revision to services must be agreed upon prior to any billing.

The monthly payment invoice shall be submitted and shall clearly identify the Contractor, mailing address, California Contractor's license number, business phone number, fax number, invoice number, and billing date. The invoice will be totaled and shall match the Bid Sheet. The invoice may not be submitted until after the first day of the subsequent month of service.

All invoices and request for payment shall be submitted to:

[email protected]
Should the landscape maintenance service not meet the Specifications in “Section D – Special Provisions” and is deemed unsatisfactory, the Contractor's invoice will be held by the City. No further payments will be authorized until the Region is brought into compliance. If two (2) consecutive monthly invoices are withheld and a Two Hundred Fifty Dollar ($250.00) re-inspection fee has been deducted because the LMM deems that the Region is being maintained in an unsatisfactory condition, the City may implement default procedures outlined in these Specifications, see “Exhibit A, Section D. 9. Inspections, Defaults and Payment.” F. Travel and Subsistence Payments – In accordance with the provisions of Section 1773.8 of the Labor Code of the State of California, the successful bidder will be required to pay each workman travel and subsistence payments needed to execute this project, as such, the travel and subsistence payments are defined in the applicable collective bargaining agreements and filed in accordance with Section 1773.8 of the Labor Code of the State of California. Full compensation for conforming to the requirement of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed. All work originates in the City of Vallejo. The City will not pay for travel or transportation associated with maintenance contract, emergency call out, or extra work projects.

G. Withholding of Payment – THE CITY MAY WITHHOLD PAYMENT OF ANY MONTHLY MAINTENANCE INVOICE AND ANY OF THE FINAL THREE (3)

MONTHLY INVOICES PRIOR TO THE END OF THIS ANNUAL CONTRACT (APRIL, MAY, AND JUNE, SEE “EXHIBIT A, SECTION D. 9. INSPECTIONS, DEFAULTS AND PAYMENT”). These withholdings will only be returned to the Contractor upon satisfactory completion of the contract specifications minus any re-inspection fee. This option will not in any way restrict the City from refusing total payment for any of these final three months should there be cause to do so.

4. Accounting Records of Contractor. Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.

The obligations of Contractor under this section shall survive this Agreement.

5. Taxes. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6. Taxpayer Identification Number. Contractor shall provide City with Contractor’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by
EXHIBIT B ATTACHMMENT 1

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Contractor, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.

C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

2. Minimum Limits of Insurance. Contractor shall maintain limits no less than:

A. General Liability: $5,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: $5,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor is not subject to California Workers’ Compensation requirements, Contractor shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.

3. Deductible and Self-Insured Retention (SIR). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

4. Other Insurance Provisions.

A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.

B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Contractor’s performance under this Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.

D. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.

E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

F. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

G. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

H. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:

City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590

7. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

8. Payment Withhold. City will withhold payments to Contractor if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Contractor otherwise ceases to be insured as required herein.

ACTION ITEM 9.E.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, MMC, City Clerk
SUBJECT: ADOPT A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY BOARDS,

COMMISSIONS AND COMMITTEES

RECOMMENDATION
Adopt a resolution making the following appointments:
• Beautification Commission - 1 vacancy
• Code Enforcement Appeals Board - 2 vacancies
• Commission on Culture + Arts - 2 vacancies
• Economic Development Commission - 3 vacancies
• Housing & Community Development Commission - 3 vacancies • Measure P Oversight Committee (MPOC) - Districts 4 and 6 vacancies • Participatory Budgeting Steering Committee (PBSC) - 1 member and 3 alternate vacancies • Police Oversight & Accountability Commission (POAC) - Districts 1 and 6 vacancies • Surveillance Advisory Board (SAB) - Districts 1, 3 and 6 and at-large vacancies • SolTrans Public Advisory Committee - 3 vacancies

REASONS FOR RECOMMENDATION
A number of vacancies on City Commissions exist. Interviews were conducted virtually by the newly created 2 or 3 member council interview teams on March 31, April 2 and April 10, 2025. The Council conducted applicant interviews for the MPOC, POAC and SAB at a special meeting on April 23, 2025. Most applicants attended and participated in the interviews. Since all the applicant interviews have concluded, the item is before Council this evening to make their appointments.

BACKGROUND AND DISCUSSION
A number of vacancies on City Boards, Commissions and Committees have existed since the Fall of 2024.

Some of the vacancies were due to terms expiring on December 31, 2024, or in January 2025 when the Mayor and 3 new councilmembers were seated. A number of press releases were issued. Notices were posted on the City's various social media platforms and included in the Vallejo Weekly. The filing period for all except MPOC, POAC and SAB closed on March 28. The application filing period closed on April 18 for MPOC, POAC and SAB. Except for 7 boards and commissions, a sufficient number of applications were received by the Clerk's Office by each filing deadline for applicant interviews to proceed forward.

The application filing period remains open for the following:
• Architectural Heritage & Landmarks Commission - 1 vacancy • Code Enforcement Appeals Board - 2 vacancies. Only 1 application was initially received. • Design Review Board - 1 vacancy
• Housing Authority - 2 tenant commissioners

Date: May 13, 2025
Subject: ADOPT A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY BOARDS,

COMMISSIONS AND COMMITTEES

• Marina Advisory Committee - 2 berther vacancies
• Participatory Budgeting Steering Committee - 3 alternate vacancies • Surveillance Advisory Board - District 6 vacancy only

Applicant interviews were conducted on March 31, April 2, 10 and 23, 2025. Most applicants attended and participated in the interviews. Applicants must attend and be interviewed in order to be considered for appointment. Those applicants who participated in the interviews are presented to the City Council for consideration. During the appointment process, the 2 or 3 councilmember interview team may make their nomination first, followed by the remainder of each of the councilmembers.

Copies of applications for these commissions have been provided to the Mayor and City Council and copies are available for review in the Office of the City Clerk.

Beautification Commission
Chapter 2.39 of the Vallejo Municipal Code provides for a BC to consist of 7 members who shall be residents of the City.

Presently there is 1 vacancy. Four applications were received and 3 applicants attended and participated in the interview with the 3-member Council interview team on March 31. The 3 applicants are presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill the vacancy, the appointment shall be made for a term commencing from the date of appointment and expiring on June 30, 2028.

Code Enforcement Appeals Board (CEAB)
Chapter 2.49 of the Vallejo Municipal Code provides for a CEAB to consist of 7 members who shall be residents of the City.

Presently there are two vacancies. One application was received and the applicant attended and participated in the interview with the 3-member Council interview team on April 10. The applicant is presented to the City Council for its consideration. If the City Council chooses to make one appointment to fill the vacancies, the appointment shall be made for a term commencing from the date of appointment and expiring on December 31, 2025.

Commission on Culture + Arts
Chapter 2.32 of the Vallejo Municipal Code provides for a Commission on Culture + Arts to consist of 7 members who shall be residents of the City.

Presently there are two vacancies. Seven applications were received, and 4 applicants attended and participated in the interview with the 3-member Council interview team on April 10. The 4 applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the two vacancies, the appointments shall be made for a term commencing from the date of appointment and expiring on December 31, 2028.

Economic Developoment Commission
Chapter 2.36 of the Vallejo Municipal Code provides for a Economic Development Commission to consist of 7 members who shall be residents of the City or an employee or owner of a business with a Vallejo business license.

Presently there are 3 vacancies. Six applications were received, and 5 applicants attended and participated in Date: May 13, 2025
Subject: ADOPT A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY BOARDS,

COMMISSIONS AND COMMITTEES

the interview with the 3-member Council interview team on April 10. The 5 applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the 3 vacancies, all terms shall commence from the date of appointment. Two terms shall expire on June 30, 2026 and the other term shall expire on June 30, 2027.

Housing & Community Development Commission (HCDC)
Chapter 2.46 of the Vallejo Municipal Code provides for a HCDC to consist of seven members who shall be residents of the City.

Presently there are three vacancies. Six applications were received, and 4 applicants attended and participated in the interview with the 3-member Council interview team on April 2. The applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, all terms shall commence from date of appointment. One term shall expire on June 30, 2025, one term shall expire on June 30, 2027 and one term shall expire on June 30, 2028.

Measure P Oversight Committee
Chapter 3.09 of the Vallejo Municipal Code provides for a MPOC to consist of seven members who shall be residents of the City. Councilmembers and the Mayor shall each appoint one member. Members appointed by Councilmembers shall be residents of the corresponding Council District of the appointing Councilmember.

The member appointed by the Mayor may reside anywhere in the City. Each member shall serve for a term of 2 years unless there is a resignation, in which case the member appointed shall fill the remainder of the unexpired term.

Presently the District 4 and 6 seats are vacant. Two District 4 applications were received and six District 6 applications were received. With the exception of one District 6 applicant, all applicants attended and participated in the interview with the Council on April 23 and are presented to the Council for its consideration.

The appointment process with term of office are as follows:
• Councilmember Palmares: District 4 for a term to expire 10/10/25 • Councilmember Gordon: District 6 for a term to expire 10/10/26

Participatory Budgeting Steering Committee
The PBSC collaborates with staff to facilitate the PB process, which includes recommending process guidelines and project eligibility, conducting outreach with diverse communities, and evaluating the PB process. Members meet with staff once a month to ensure that PB is transparent, fair and inclusive. The committee has 11 seats, comprised of organizational and at-large members. Committee members serve for two, 12-month cycles of Vallejo's PB process.

Presently there is 1 regular and 3 alternate member vacancies. One application was received and the applicant participated in the interview with the 3-member Council interview team on March 31. The applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill either the 1 member or 3 alternate vacancies, the appointment shall be made for a term to commence from date of appointment and expiring on June 30, 2025.

Police Oversight & Accountability Commission
Title 18 of the Vallejo Municipal Code provides for a POAC that shall consist of 7 members and 2 alternate members appointed by the Mayor and City Council. Each councilmember shall appoint a member who is living within that councilmember's district. However, if in the opinion of the appointing councilmember, there are no qualified candidates in order to fulfill the City's obligation for diversity set forth in VMC Section 18.03.020C, the Date: May 13, 2025
Subject: ADOPT A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY BOARDS,

COMMISSIONS AND COMMITTEES

councilmember may select a candidate outside their District. The Mayor shall appoint one member from any District in the city, Councilmember and Mayor appointments shall be subject to the ratification of a majority of the City Council. In the event a majority approval is not obtained, the appointing councilmember or Mayor shall select a different individual to serve as a member of the Commission, and the process shall continue until a majority vote is obtained.

The term of office for each member is set forth in Section 2.26.030 of the Vallejo Municipal Code. A member shall hold office for no more than 8 consecutive years. Former members may be reappointed after a break in service of at least 2 years.

Presently there is a District 1 seat vacancy due to a resignation and a District 6 seat due to a term expiring February 27, 2025. Four District 1 applications were received and one District 6 application was received. All except for one District 1 applicant attended and participated in the interview with the Council on April 23 and are presented to the Council for its consideration. The appointment process with term of office is as follows:
• Councilmember Matias: District 1 for a term to expire 2/27/2028 • Councilmember Gordon: District 6 for a term to expire 2/27/2029

Surveillance Advisory Board
Chapter 2.27 of the Vallejo Municipal Code currently provides for a SAB to consist of seven members and membership shall consist of one resident of Vallejo appointed by each sitting member of the Vallejo City Council and one resident appointed by the Mayor.

Presently there are four vacancies for Council Districts 1, 3, 6 and one at-large, all due to terms expiring January 2, 2025. Two applications were received for Council District 1. One application was received for Council District 3 and 6 additional applications who all reside in District 5 and can be considered for the at- large appointment by the Mayor. No applications have been received to date for Council District 6. All applicants attended and participated in the interview with the City Council on April 23. Except one applicant who was later determined not to meet the qualifications as outlined in Chapter 2.27, the applicants are presented to the Council for its consideration. The term for each member shall run concurrently with the term of the appointing councilmember or Mayor. No member shall serve more than 8 consecutive years. Former members serving 8 consecutive years may be appointed again after a break in service of 2 years.

The appointment process with term of office is as follows:
• Mayor Sorce: at-large appointment for a term to expire 1/2/29 • Councilmember Matias: District 1 for a term to expire 1/2/29 • Councilmember Lediju: District 3 for a term to expire 1/2/29

SolTrans Public Advisory Committee
On July 1, 2011 Solano County Transit (SolTrans) officially took over the public transit programs from the cities of Vallejo and Benicia. SolTrans was formed in November 2010 to build a unified public transit system in southern Solano County. The first step included combining Vallejo Transit, Vallejo Runabout, and Benicia Breeze. SolTrans has a six member Board of Directors with four City Council members from Benicia and Vallejo and two members from regional planning agencies boards of directors, MTC, and the Solano Transportation Authority (STA). The Joint Powers Agreement established the creation of a Public Advisory Committee (PAC). Each member agency will appoint three members of the public with demonstrated expertise or special interest in, transit issues and who reside within the boundaries of the agencies that they Date: May 13, 2025
Subject: ADOPT A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY BOARDS,

COMMISSIONS AND COMMITTEES

represent. The PAC will serve as an advisory commitee to the SolTrans Board and will review and comment to the Board on the following matters:

1. Service and fare adjustments.

2. Development of Short Range Transit Plans.

3. Review SolTrans' annual work plan.

In keeping with the appointments of City Boards and Commissions, it is recommended that Vallejo's representatives be appointed for a term of four years.

Currently there are three vacancies representing the City of Vallejo on the PAC. Three applications were received, and all 3 applicants attended and participated in the interviews with the 3-member Council interview team on March 31. The applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the three vacancies, the appointment shall be made for a term commencing from the date of appointment and expiring on May 13, 2029.

Staff will continue its efforts to solicit interested applicants for the remaining vacancies as outlined in paragraph two above.

Pursuant to the City Council's procedure for selecting commissioners, only interviews were conducted on March 31, April 2, 10 and 23. Appointments to these advisory bodies are before the City Council this evening for consideration.

FISCAL IMPACT
There is no fiscal impact associated with filling vacancies to standing commissions.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. Resolution Making Appointments to Various Commissions 051325 CAO Stamp

2. List of Eligible Applicants for Appointment 05.13.25

CONTACT
Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25-___ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO MAKING

APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITEES WHEREAS, the Vallejo City Council has established various boards and commissions and such boards and commissions may be advisory, policy, appellate and/or rule making; and WHEREAS, members of these boards, committees, and commissions shall be appointed by the City Council and vacancies shall be filled for the unexpired portion of the term in the same manner as the original appointment pursuant to the Vallejo Municipal Code; and WHEREAS, section 2.26.030 of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be for four years, except as otherwise provided by ordinance or resolution, and that terms of members shall be staggered so that the number of terms expiring annually shall be approximately equal; and WHEREAS, there currently exist vacancies on the boards and commissions, and WHEREAS, pursuant to section 2.02.350 of the Vallejo Municipal Code, the City Clerk has published notices of these vacancies, received applications of interest, and delivered to the City Council all applications submitted; and
WHEREAS, the City Council reviewed the applications submitted and has conducted interviews.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

The following person is appointed to the Beautification Commission – 1 vacancy (term to expire 6/30/28):

1. ____________________ - term to expire 6/30/28
The following person is appointed to the Code Enforcement Appeals Board – 2 vacancies (terms to expire 12/31/25):

1. _________________________ - term to expire 12/31/25
The following persons are appointed to the Commission on Culture & the Arts – 2 vacancies (terms to expire 12/31/28):

1. _________________________ - term to expire 12/31/28

2. _________________________ - term to expire 12/31/28
The following persons are appointed to the Economic Development Commission – 3 vacancies (2 terms to expire 6/30/26 and 1 term to expire 6/30/27):

1. _________________________ - term to expire 6/30/26

2. _________________________ - term to expire 6/30/26

3. _________________________ - term to expire 6/30/27
The following persons are appointed to the Housing & Community Development Commission – 3 vacancies (1 term to expire 6/30/25, 1 term to expire 6/30/27 and 1 term to expire 6/30/28):

1. _________________________ - term to expire 6/30/25

2. _________________________ - term to expire 6/30/27

3. _________________________ - term to expire 6/30/28
The following persons are appointed to the Measure P Oversight Committee – District 4 vacancy (term to expire 10/10/25) and District 6 vacancy (term to expire 10/10/26)

1. _________________________ - District 4; term to expire 10/10/25

2. _________________________ - District 6; term to expire 10/10/26 The following person is appointed to the Participatory Budgeting Steering Committee – 1 member & 3 alternate vacancies (term to expire 6/30/25):

1. _________________________ - term to expire 6/30/25
The following persons are appointed to the Police Oversight & Accountability Commission – District 1 vacancy (term to expire 2/27/28) and District 6 vacancy (term to expire 2/27/29)

1. _________________________ - District 1; term to expire 2/27/28

2. _________________________ - District 6; term to expire 2/27/29 The following persons are appointed to the Surveillance Advisory Board – Districts 1, 3, 6 and at-large positions (all terms to expire 1/2/29)

1. _________________________ - District 1; term to expire 1/2/29

2. _________________________ - District 3; term to expire 1/2/29

3. _________________________ - District 6; term to expire 1/2/29

4. _________________________ - At-Large; term to expire 1/2/29 The following person is appointed as Vallejo’s representatives to the SolTrans Public Advisory Committee – 3 vacancies (terms to expire 4 years from date of appointment)

1. _________________________ - term to expire 5/13/29

2. _________________________ - term to expire 5/13/29

3. __________________________ - term to expire 5/13/29

4. __________________________ - term to expire 5/13/29
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 13, 2025 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ANDREA SORCE, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
*Current Commissioner
List of Applicants Eligible for Appointment
(May 13, 2025
Beautification Commission – 1 vacancy (term to expire 6/30/28) Sara Leahy
Avonelle Hanley-Mills
Erin McGarry
Code Enforcement Appeals Board – 2 vacancies (terms to expire 12/31/25) Edgar Ureta
Commission on Culture + Arts – 2 vacancies (terms to expire 12/31/28) *Dalia Vidor
Chris Thorson
Monique Shaifer
Jason Huynh
Economic Development Commission – 3 vacancies (2 terms to expire 6/30/26 & 1 term to expire 6/30/27)
Ta Lynn Mitchell
Jessica Gonzalez
Samantha Berrios
Keira Williams
Kristin Woods
Housing & Community Development Commission – 3 vacancies (1 term to expire 6/30/25, 1 term to expire 6/30/27 and 1 term to expire 6/30/28)
Carmen Marie Vance
Alexisbell Ojo
Nicholas Cassidy
Dana Stueland
Measure P Oversight Committee – Districts 4 (term to expire 10/10/25) & 6 only (term to expire 10/10/26)
Darrell Conley (District 4)
Aletta Santos (District 4)
Pamela Porter (District 6)
Adjoa McDonald (District 6)
Carl Miller (District 6)
Wayne Goodman (District 6)
Vanessa Oden (District 6)
*Current Commissioner
Participatory Budgeting Steering Committee –1 member & 3 alternate vacancies (terms to expire 6/30/25)
Paul Perry
Police Oversight & Accountability Commission – Districts 1 &6 Only (District 1 term to expire 2/27/28 & District 6 term to expire 2/27/29)
Rommye Qualls (District 1)
Robert Schussel (District 1)
Lewis Grant (District 1)
John Lewis (District 6)
Surveillance Advisory Board – Districts 1, 3, 6 and At-Large Members Only (terms to expire 1/2/29)
Russel Owen (District 1)
Peggy Cohen-Thompson (District 3)
Adam Bregenzer (at-large position)
Xavier Zamudio (at-large position)
Eurisha Edmonds (at-large position)
Ronald Tesnow (at-large position)
Alejandro Bras (at-large position)
Aaron Doran (at-large position)
SolTrans Public Advisory Committee – 3 vacancies (4 year appointment terms) Avery Livengood
*Richard Burnett
Ethan Standafer
ACTION ITEM 9.F.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION FINDING THAT THE CITY-OWNED PARCEL LOCATED AT 5 MIDWAY STREET ( APN: 0058-100-070) IS NO LONGER NECESSARY FOR THE CITY'S USE AND DECLARING SAID PARCEL "EXEMPT SURPLUS LAND" PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(D), AFTER MAKING THE FINDING THAT

SAID ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15312 - SURPLUS GOVERNMENT PROPERTY SALES

RECOMMENDATION
Adopt a Resolution finding that the City-owned parcel located at 5 Midway Street (APN: 0058-100-070) is no longer necessary for the City's use and declaring said parcel "exempt surplus land" pursuant to Government Code Section 54221(f)(1)(D); after making the finding that said action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15312 - Surplus Government Property Sales.

REASONS FOR RECOMMENDATION
The City of Vallejo has owned an underutilized parcel, consisting of 1.97 acres near the wastewater treatment plant located at 5 Midway Street. This parcel was a former home industrial supply and has been vacant since 1957. It has limited development potential because of its size and configuration. Vallejo Flood and Wastewater District expressed its interest in acquiring this site for its long-term treatment plant use. Declaring the site to be exempt surplus land and making the required findings to support the exemption will allow this transaction to proceed.

BACKGROUND AND DISCUSSION
The City of Vallejo is proposing to transfer a City-owned parcel located at 5 Midway Street (APN: 0058-100- 070) to the Vallejo Flood and Wastewater District for the expansion of the District's long-term treatment plant use. Under the California Surplus Land Act (the Act), the City Council must first declare this parcel "Exempt Surplus Land," as supported by written findings, before the City may take any action related to the disposition of the property.

This parcel, consisting of 1.97 acres, was a former home linen industrial supply and has been vacant since 1957. The site is currently zoned Industrial General (IG). City staff previously looked at the site to be a proposed location for the navigation center, but the off-site dry cleaner contamination did not allow the City to move forward with that.

"Surplus land" is defined as "land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use." (Gov. Code,§54221(b).) "Agency's use," is defined as "land that is being used, or is planned to be used pursuant to a written plan adopted by the local agency’s governing board, for agency work or operations, including, but not limited to, utility sites, property owned by a port that is used to support logistics uses, watershed property, land being used for conservation purposes, land for demonstration,

Date: May 13, 2025
Subject: ADOPT A RESOLUTION FINDING THAT THE CITY-OWNED PARCEL LOCATED AT 5 MIDWAY STREET ( APN: 0058-100-070) IS NO LONGER NECESSARY FOR THE CITY'S USE AND DECLARING SAID PARCEL "EXEMPT SURPLUS LAND" PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(D), AFTER MAKING

THE FINDING THAT SAID ACTION IS EXEMPT FROM ENVIRONMENTAL

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15312 - SURPLUS GOVERNMENT

PROPERTY SALES

exhibition, or educational purposes related to greenhouse gas emissions, sites for broadband equipment or wireless facilities, and buffer sites near sensitive governmental uses, including, but not limited to, waste disposal sites, and wastewater treatment plants." (Gov. Code §54221(c)(1).)

Applicable Exemption
Government Code Section 54221(f)(1)(D) provides that "exempt surplus land" includes surplus land that a local agency is transferring to another local, state, or federal agency for the receiving agency’s use. Because the proposed transfer is to the Vallejo Flood and Wastewater District, a local agency, for the District's use, the parcel, if found no longer necessary for the City's use, would qualify as "exempt surplus land" under the Act.

Staff recommends that the City Council declare the 5 Midway Street parcel as "surplus-exempt land", based upon the written findings in the attached resolution, which will allow staff to begin the process for disposition of this property in compliance with the Surplus Lands Act.

Next Steps
After the City Council finds City-owned parcel located at 5 Midway Street to be exempt surplus land, City staff will notify the California Department of Housing and Community Development (HCD) of the exemption determination at least 30 days prior to the intended disposal. The City must address any concerns raised by HCD during its review in the event that a Findings Letter is issued. Once HCD approves the exemption or does not object within the 30-day period, the City can proceed to sell the property to the local agency, which is Vallejo Flood and Wastewater District, without following the standard SLA notice and negotiation procedures due to the applicable exemption. (HCD Final Updated Surplus Land Act Guidelines 2024) City Staff will work on getting an appraisal and selling the property to Vallejo Flood and Wastewater District at fair market value.

FISCAL IMPACT
This action has no fiscal impact.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 1531-"Surplus Government Property Sales" because it relates to the proposed sale of surplus City property.

ATTACHMENTS

1. Resolution Declaring City Parcel Exempt Surplus_CAO Stamp (3)

2. Exhibit A - Record of Survey 5 Midway

3. final-updated-surplus-land-act-guidelines-2024

CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]

1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

FINDING THAT THE CITY-OWNED PARCEL LOCATED AT
5 MIDWAY STREET (APN: 0058-100-070) IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DECLARING
SAID PARCEL “EXEMPT SURPLUS LAND”
PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(D),

AFTER FINDING THAT SAID ACTION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15312 –

SURPLUS GOVERNMENT PROPERTY SALES
WHEREAS, the City of Vallejo (City) is the fee owner of an underutilized parcel around the Vallejo Flood and Wastewater District’s wastewater treatment plant located at 5 Midway Street (APN: 0058-100-070) and depicted in Exhibit A (the “City Parcel”); and WHEREAS, the Vallejo Flood and Wastewater District approached the City with an interest in acquiring this City Parcel for expansion of its wastewater treatment plant; and WHEREAS, the Surplus Land Act (California Government Code Sections 54220-54234, inclusive) (the “Act”) governs the disposition of surplus land by local agencies, such as the City; and
WHEREAS, Government Code Section 54221(b)(1) provides that land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures; and WHEREAS, Government Code Section 54221(b)(1) defines “surplus land” as “land owned in fee simply by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, Government Code Section 54221(f)(1) defines “exempt surplus land” as surplus land that a local agency is transferring to another local, state, or federal agency for the receiving agency’s use and Section 54221(a)(1) defines “local agency” as including “every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.”

2 NOW, THEREFORE, BE IT RESOLVED by the City Council hereby finds and resolves that:

1. The foregoing recitals are true and correct and incorporated herein by this reference as if set forth in full.

2. Designation of the City Parcel as “exempt surplus land” under the California Surplus Land Act is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15312, “Surplus Government Property Sales” because the action concerns the proposed sale of surplus government property.

3.The proposed transfer of the City Parcel to Vallejo Flood and Wastewater District would provide the District with additional land to expand its wastewater treatment plant.

4. The City Parcel is hereby declared “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(D).

ADOPTED by the City Council of the City of Vallejo at a regular meeting held on May 13, 2025 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ANDREA SORCE, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
This is the parcel referencing APN 0058-100-070 which is located on 5 Midway Street.

EXHIBIT A

Updated Surplus Land Act Guidelines
Final

Gavin Newsom, Governor
State of California

Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development

651 Bannon Street, Suite 400
Sacramento, CA 95811
916-263-7400

Originally issued April 2021
August 1, 2024
2 Contents

OVERVIEW .............................................................................................................................. 3 ARTICLE I. PROGRAM OVERVIEW ........................................................................................ 4 Section 100. Applicability ..................................................................................................... 4 Section 101. Guidelines ........................................................................................................ 4 Section 102. Definitions ........................................................................................................ 6 Section 103. Exemptions .................................................................................................... 11 Section 104. Agency’s Use ............................................................................................... 21 ARTICLE II. SURPLUS LAND ................................................................................................ 23 Section 200. Surplus Land Determination Process ............................................................ 23 Section 201. Notice of Availability ....................................................................................... 23 Section 202. Disposal of Surplus Land for Affordable Housing .......................................... 24 ARTICLE III. REQUIREMENTS TO BE PLACED ON SURPLUS LAND FOR AFFORDABLE HOUSING ............................................................................................................................... 32 Section 300. Requirements When an Entity Proposes to Use the Surplus Land for Developing Affordable Housing .......................................................................................... 32 ARTICLE IV. REPORTING REQUIREMENTS ....................................................................... 34 Section 400. Local Agency Reporting Requirements ......................................................... 34 ARTICLE V. PERFORMANCE MONITORING AND PENALTIES .......................................... 36 Section 500. HCD Monitoring, Recording, and Reporting ................................................... 36 Section 501. Penalties ........................................................................................................ 37 Section 502. Private Enforcement ...................................................................................... 40 Appendix A – Notice of Availability Forms .......................................................................... 41 Appendix B – Description of Disposition Form ................................................................... 42 Appendix C – Sample Covenant/Restriction ....................................................................... 43 Appendix D – HCD Survey to Indicate Interest in Surplus Land ......................................... 44

3 OVERVIEW

Article I summarizes the purpose and scope of the Surplus Land Act (SLA) by identifying the objectives of these Guidelines and defining key terms within the law. This section also defines lands exempt from the provisions of the SLA.

Article II describes the mechanisms for identifying and disposing of surplus lands. This Article also describes requirements for developments built upon disposed surplus land, surplus land in which no sale took place under the auspices of the SLA, and requirements for affordable housing on surplus land that is developed at a later date.

Article III identifies the affordable housing requirements for developments built upon disposed surplus land.

Article IV summarizes the notification, recording, and reporting requirements to the California Department of Housing and Community Development (HCD) under the SLA.

Article V explains HCD’s obligations to monitor local agency compliance with the SLA and identifies the escalating penalties associated with noncompliance. 4 ARTICLE I. PROGRAM OVERVIEW

Assembly Bill (AB) 1486 (Statutes of 2019, Chapter 664) and AB 1255 (Statutes of 2019, Chapter 661) made changes to the SLA found in Government Code, Title 5, Division 2, Part 1, Chapter 5, Article 8. Surplus Land. Generally, the purpose of the amendments is to promote affordable housing development on surplus land throughout the state to respond to the existing affordable housing crisis. The amendments to the SLA adopted with AB 1486 and AB 1255 clarify and strengthen reporting and enforcement provisions of the SLA to promote increased compliance with the SLA. Moreover, some of the changes in these updated Guidelines are the result of subsequently enacted legislation.

AB 1486 took effect on January 1, 2020. As of that date, HCD began reviewing notices that local agencies are required to send by email or certified mail pursuant to Government Code section 54222(a)(1) and examining complaints and other information received or requested to confirm compliance with the SLA pursuant to Government Code section 65585.1. As of that date, HCD also began collecting (in Table G of the Housing Element Annual Progress Report (APR)) information on jurisdiction-owned sites identified in the housing element sites inventory, and subsequently disposed of by the jurisdiction.

As of January 1, 2021, HCD was required to begin implementing Government Code section 54230.5, including, but not limited to, adopting these Guidelines; reviewing each local agency’s description of the notices of availability sent, description of negotiations conducted with any responding entities, and copies of any restrictions to be recorded against the property pursuant to Government Code sections 54233 or 54233.5; submitting written findings to local agencies; and, if necessary, assessing penalties, in conjunction with the Attorney General, to local agencies that dispose of surplus property in violation of the SLA.

Note: Authority cited: Government Code section 54230, subdivision (c), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54222, section 54230, section 54230.5, subdivision (b)(2)(A), section 54233, section 54233, section 54233.5, section 65585.1.

Section 100. Applicability

These updated SLA Guidelines (hereinafter “Guidelines”) apply on or after the date adopted as shown on the cover page. The application of these updated Guidelines to the disposition of surplus land shall be determined by the date of issuance of the Notice of Availability (NOA). The applicability of these updated Guidelines to exempt determinations shall be determined by the date that the property was declared exempt surplus land. Regardless of when Guidelines were adopted, the Surplus Land Act as amended is applicable to local agencies upon the date amendments went into effect.

Section 101. Guidelines

(a) These SLA Guidelines implement, interpret, and make specific the text of the SLA. The forms linked in the Appendices of these Guidelines may be updated from time to time upon approval by the Director of HCD or the Director’s designee.

(b) These Guidelines establish and revise terms, conditions, forms, and procedures for the proper identification and disposition of various types of surplus land, as well as provide 5 detail on expectations and sanctions related to SLA compliance. Major actors and their responsibilities include, but are not limited to:

(1) Local agencies:

(A) Provide NOAs of surplus land for lease or purchase to local public entities and housing sponsors as required by Government Code section 54222 on the form provided in Appendix A;

(B) Where applicable, receive notices of interest from entities desiring to purchase or lease surplus land and negotiate with entities in good faith;

(C) Provide HCD with descriptions of the NOAs sent, proof of sending the NOA to the CalHFA-certified housing sponsor list and local public entities within whose jurisdiction the surplus land is located, and description of negotiations conducted with any responding entities regarding the disposal of the surplus land on the form provided in Appendix B;

(D) Forward to HCD a copy of any restrictions recorded or to be recorded against the surplus land pursuant to Government Code section 54233 or 54233.5, whichever is applicable, in the form prescribed by HCD in Appendix B; and

(E) If the local agency is a city or county, beginning April 1, 2021, the local agency must report annually information about all locally owned surplus land sites pursuant to Government Code section 54230. Reporting shall be in table H of the Annual Progress Report (APR) in accordance with APR instructions.

(2) Housing sponsors, as defined by section 50074 of the Health and Safety Code, may notify HCD of their interest in surplus land pursuant to Government Code section 54222(a)(1) using the survey in Appendix D.

(3) HCD will maintain updates of interested housing sponsors and inventories of publicly owned surplus land and a list of NOAs.

Note: Authority cited: Government Code section 54230, subdivision (c), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54221, section 54222, section 54230, section 54230.5, subdivision (b)(2)(A), section 54230.5, subdivision (b)(2)(D), section 54233, section 54233.5; Health and Safety Code section 50074.

6 Section 102. Definitions

All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms provided in the SLA and Article 10.6 of Government Code sections 65580 – 65589.11 (housing elements). For terms defined in statute, any changes to the statutory definition shall supersede the definition in these Guidelines.

(a) “Affordable housing” means housing available at affordable housing cost, as defined in section 50052.5 of the Health and Safety Code, to lower-income households, or affordable rent, as defined in section 50053 of the Health and Safety Code, to lower-income households, as defined in section 50079.5 of the Health and Safety Code.

(b) “Affordable housing cost” means that for owner-occupied housing, the sales price is restricted for a minimum of 45 years, and 50 years for housing located on tribal trust lands.

The monthly ownership cost, including principal, interest, taxes, insurance, and utilities, equals:

(1) For extremely low-income households, the product of 30 percent times 30 percent of the area median income (AMI) adjusted for family size appropriate for the unit.

(2) For very low-income households, the product of 30 percent times 50 percent of the AMI adjusted for family size appropriate for the unit.

(3) For lower-income households whose gross incomes exceed the maximum income for very low-income households and does not exceed 70 percent of the AMI adjusted for family size, the product of 30 percent times 70 percent of the AMI adjusted for family size appropriate for the unit. In addition, for any lower-income household that has a gross income that equals or exceeds 70 percent of the AMI adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household.

(4) For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of AMI adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the AMI adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household.

(c) “ Affordable rent” means that for rental housing, the rent is restricted for a minimum of 55 years, and 50 years for housing located on tribal trust lands. Including a reasonable utility allowance, rent shall not exceed:

(1) For extremely low-income households, the product of 30 percent times 30 percent of the AMI adjusted for family size appropriate for the unit.

(2) For very low-income households, the product of 30 percent times 50 percent of the AMI adjusted for family size appropriate for the unit.
7 (3) For lower-income households whose gross incomes exceed the maximum income for very low-income households, the product of 30 percent times 60 percent of the AMI adjusted for family size appropriate for the unit. In addition, for those lower- income households with gross incomes that exceed 60 percent of the AMI adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of the gross income of the household.

(4) For moderate-income households, the product of 30 percent times 110 percent of the AMI adjusted for family size appropriate for the unit. In addition, for those moderate-income households whose gross incomes exceed 110 percent of the AMI adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of the gross income of the household.

(d) “APR” means the Annual Progress Report from each city or county detailing the agency’s implementation of the housing element of its general plan submitted to and using forms and definitions adopted by HCD.

(e) “Assisted unit” means a unit that is subject to rent and/or occupancy restrictions, as a result of financial assistance, as specified in a regulatory agreement.

(f) “CalHFA” means the California Housing Finance Agency.

(g) “ Description of negotiations” means a written summary of the negotiations that occurred between the local agency and each entity which responded to an NOA. The written summary must be accompanied by copies of written correspondence (e.g., emails, letters, etc.) that include, if applicable, (1) the respondent’s interest in the surplus land, (2) the local agency’s request for additional information from the respondent, (3) any responses to such requests, (4) a description of any significant changes proposed by the respondent, (5) confirmation from the local agency to the respondent indicating negotiations have concluded, and (6) if applicable, a copy of the draft Purchase and Sale Agreement, Disposition and Development Agreement, Lease Agreement or Exclusive Negotiating Agreement. This information shall be provided to HCD in a form prescribed by HCD in Appendix B.

(h) “Determination Letter” is a letter that HCD sends to a local agency when HCD finds that the local agency has corrected all issues identified by HCD in a Findings Letter or if HCD concurs that the local agency’s process for disposing of surplus land complies with the SLA.

(i) “ Disposition of surplus land.”

(1) Disposition means:

(A) The sale of surplus land, including land exchanged for monetary or nonmonetary consideration.

8 (B) The entering of a lease for surplus land for a term longer than 15 years, inclusive of any extension or renewal options included in the terms of the initial lease, entered into on or after January 1, 2024. A lease with a term of 15 years or less that includes an option to extend or renew is a disposition if the sum of the term of the original lease and the extension or renewal is greater than 15 years. A lease that is for a term of 15 years or less that includes an option to purchase is considered a disposition of surplus land at the time the lease is executed.

(2) Disposition does not mean:

(A) The entering of a lease for surplus land for a term of 15 years or less, inclusive of any extension or renewal options included in the terms of the initial lease.

(B) The entering of a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease.

(i) For the purposes of this section, development means the process of changing the character of the land from its existing condition to a more useable condition by constructing or placing a building or buildings on the land, preparing the land for such construction, or reusing an existing building for a purpose other than the purpose for which it was originally built or designed.

(ii) For the purposes of this section, demolition means the deliberate dismantling, destruction, or removal of an entire building or significant portions of a building, rendering it unfit for use.

(iii) Development and demolition do not include making improvements, renovations, or updates to an existing building, while preserving its structural integrity, or replacing an existing building that has reached the end of its structural life with a building that will be used for the same purpose.

(3) If a local agency is unsure whether a transaction involving local agency-owned land meets this definition, they are encouraged to seek additional guidance from HCD via the Surplus Land Act Portal.

(j) “Disposition and Development Agreement (DDA)” means an agreement between a developer and a local agency that binds the developer to construct a specific development and the local agency to dispose of the property to the developer if permits and other entitlements for the project are obtained and other applicable conditions are met.

(k) “District” includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of the state that is a district. The California State Controller provides information about districts at https://districts.bythenumbers.sco.ca.gov/#!/year/default. 9 (l) “Exclusive Negotiating Agreement (ENA)” means a legally binding agreement that binds a prospective buyer and seller under which the seller cannot negotiate with, entertain offers from, or make any similar deals with other potential buyers for a specified period regarding a particular property.

(m) “Expression-of-interest list” means the list maintained by HCD on its website of developers that have notified HCD of their interest in purchasing or leasing surplus property.

(n) “Fair market value” is the price a particular parcel would sell for on the open market when certain conditions are met. Those conditions are: (1) the parties involved are aware of all the facts, (2) are acting in their own interest, (3) are free of any pressure to buy or sell, and (4) have ample time to make the decision. In cases where fair market value has not been established, the parties may seek a broker’s opinion of value, or an appraisal may be conducted. If, following a single appraisal, consensus on fair market value remains absent, a second appraisal is frequently obtained. If consensus on fair market value is not reached after the second appraisal, the parties may average the results of the two appraisals, or a third appraisal may be obtained. Nothing in these Guidelines prevents a local agency from selling or leasing surplus land for fair market value or fair market rent or less than fair market value or fair market rent.

(o) “Findings Letter” is the initial letter HCD sends to a local agency informing the local agency whether it is potentially in violation of the SLA. A local agency may respond to a Findings Letter that notifies the local agency of potential violations by either providing evidence and arguments it is not in violation of the SLA or by providing a plan to cure and correct the violations identified in the Findings Letter.

(p) “Good faith negotiation” means to deal honestly and fairly with the other party throughout the negotiation process whether or not the negotiation results in a contract. For specific documentation requirements, see Section 202(a).

(q) “HCD” means the California Department of Housing and Community Development.

(r) “Housing sponsor” means any individual, joint venture, partnership, limited partnership, trust, corporation, limited equity housing cooperative, cooperative, local public entity, duly constituted governing body of an Indian reservation or rancheria, tribally designated housing entity, or other legal entity, or any combination thereof, certified by CalHFA pursuant to rules and regulations of CalHFA as qualified to either own, construct, acquire, or rehabilitate a housing development, whether for profit, nonprofit, or organized for limited profit, and subject to the regulatory powers of CalHFA pursuant to rules and regulations of CalHFA and other specified terms and conditions. A developer can become a self-certified housing sponsor in accordance with CalHFA’s procedures on the form as provided at https://www.calhfa.ca.gov/apps/HSC. “Housing sponsor” includes persons and families of low or moderate income who are approved by CalHFA as eligible to own and occupy a housing development and individuals and legal entities receiving property improvement loans through CalHFA.

(s) “ Local agency” means every city, whether organized under general law or by charter, 10 county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.

(t) “Local Public Entity” means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of Division 24, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of Division 24, and also includes any state agency, public district, or other political subdivision of the state, and any instrumentality thereof, that is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. “Local public entity” also includes two or more local public entities acting jointly.

(u) “Lower-income households” means persons and families whose income does not exceed the qualifying limits for lower-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and published by HCD pursuant to section 50093 of the Health and Safety Code. Lower-income households includes very low-income households, as defined in Health and Safety Code section 50105, and extremely low-income households, as defined in Health and Safety Code section 50106. The income limits published by HCD can be found at https://www.hcd.ca.gov/grants-and-funding/income-limits.

(v) “Notice of Alleged Violation” is a written communication sent to a local agency (with a copy to HCD) by a public (not HCD) or private entity alleging violations of the SLA.

(w) “Notice of Violation (NOV)” is a letter sent by HCD to a local agency after a Findings Letter has been sent, informing the local agency it is in violation of the SLA and the local agency may be subject to further enforcement if the local agency does not cure or correct the violations within 60 days, including but not limited to referral to the California Office of the Attorney General and financial penalties.

(x) “Open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources.

(y) “Option to lease” means a contract by which a local agency enters an agreement with another entity to allow the latter to lease surplus land at a specified rate for a specified term, or within a reasonable time in the future, but without imposing an obligation to lease upon the option holder.

(z) “Option to purchase” means a contract by which a local agency enters an agreement with another entity to allow the latter to purchase surplus land at a specified price, or within a reasonable time in the future, but without imposing an obligation to purchase upon the option holder.

(aa) “Persons and families of low or moderate income” means persons and families whose income does not exceed 120 percent of AMI adjusted for family size by HCD in accordance 11 with adjustment factors adopted and amended from time to time by the U.S. Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. The income limits published by HCD can be found at https://www.hcd.ca.gov/grants- and-funding/income-limits.

(bb) “Planning period” means the time period between the due date for an agency’s preparation or update of its housing element and the due date for the next housing element according to the applicable schedule described in paragraphs (2) and (3) of subdivision (e) of Government Code section 65588. Generally, the “Planning period" is eight years.

(cc) “RHNA” means the Regional Housing Needs Allocation to be developed by HCD in consultation with each council of governments, where appropriate, which shall determine the existing and projected need for housing for each region.

(dd) “Surplus land” means land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use (as defined in section 104 of these Guidelines). Land must be declared either “surplus” or “exempt surplus” as supported by written findings before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus” or “exempt surplus.”

(ee) “Transitional housing” means a rental housing development operating under programmatic constraints that require the termination of assistance after a specified time or event, in no case less than six months after initial occupancy, and the re-renting of the assisted unit to another eligible participant.

(ff) “Unit” means a residential unit that is used as a primary residence by its occupants, consistent with the definition of a unit as utilized by the United States Census Bureau and the California Department of Finance, including efficiency units, residential hotel units, and units used as transitional housing.

Note: Authority cited: Government Code section 54230, subdivision (c), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54221, section 54222, section 54222.5, section 54223, section 54226, section 54230, section 54230.5, section 54233, section 54233.5, section 54234, section 65400, sections 65580 – 65589.11; Health and Safety Code section 50052.5, section 50053, section 50074, section 50079.5, section 50093; Public Resources Code, Division 13 (section 21000 et seq.).

Section 103. Exemptions

(a) These Guidelines apply to the disposal of all surplus land and exempt surplus land, as defined in Government Code section 54221. However, exempt surplus land is not subject to Articles II and III of these Guidelines.

(b) Surplus land that meets one or more of the following conditions in this subsection is not subject to Articles II and III of these Guidelines, but is still subject to the provisions of the SLA as it existed on December 31, 2019:

12 (1) L and for which the local agency entered into an ENA or legally binding agreement to dispose of property as of September 30, 2019, provided the disposition is completed by December 31, 2027.

(2) L and related to the Metro North Hollywood Joint Development Project for which the local agency entered into an ENA or legally binding agreement to dispose of the property as of September 30, 2019, and the disposition of the property to the party that had entered into such an agreement, or its successors or assigns, is completed by December 31, 2027.

(3) L and for which the local agency has, by September 30, 2019, issued a competitive request for proposals (RFP) for the development of property that includes at least 100 residential units with at least 25 percent of the total residential units restricted to lower-income households with an affordable housing cost or affordable rent for a minimum of 55 years for rental housing, 45 years for ownership housing and 50 years for rental or ownership housing located on tribal trust lands; and the local agency enters into a disposition and development agreement (DDA) by December 31, 2027.

(A) A joint development involving multiple parcels for which the local agency has issued a single competitive RFP by September 30, 2019, is exempt from Articles II and III of these Guidelines so long as the joint development meets all the other requirements in paragraph (3) above.

(B) Paragraph (3) above does not apply to land held in the Community Redevelopment Property Trust Fund pursuant to section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to section 34191.5 of the Health and Safety Code.

(4) The deadline for disposal of property set out in paragraphs (1), (2), and (3) above shall be extended if the disposition of the property, the local agency’s right or ability to dispose of the property, or a development project for which such property is proposed to be transferred is the subject of judicial challenge by petition for writ of mandate, complaint for declaratory relief or otherwise. Such extension shall be six months following the conclusion of such litigation.

(5) Land held in the Community Redevelopment Property Trust Fund or designated in a long-range property management plan, provided the disposition of the property meets one of the following:

(A) L and for which the local agency entered into an ENA or legally binding agreement to dispose of the property as of December 31, 2020, and the disposition of the property to the party that had entered into such agreement, or its successors or assigns, was completed by December 31, 2027.

(B) The deadline for disposal of the property set out in paragraphs (5) and (5)(A) above shall be extended if the land subject to the Community Redevelopment Property Trust Fund or the long-range property management plan is the 13 subject of litigation, including, but not limited to, litigation challenging the disposition of such property, the right or ability to dispose of the property, or a development project for which such property is proposed to be transferred.

Such extension shall be six months following the conclusion of such litigation.

(6) HCD has no authority to waive or amend the statutory deadlines specified in paragraphs (1)-(5) above.

(7) Reviving Terminated Agreements. If a local agency failed to qualify for one of the grandfathering provisions found in a prior version of Government Code section 54234 because the final disposition of surplus land proposed for sale in an ENA, DDA, or other legally binding agreement was not completed before a prior statutory deadline (generally December 31, 2022), a local agency may seek, at its sole reasonable discretion, to revive the previous ENA, DDA, or legally binding agreement along substantially similar terms and qualify for the new December 31, 2027, deadline established in statute.

(c) Land declared to be exempt surplus land by the local agency. With the exception of the exemptions identified in 103(c)(1) below, the governing board of a local agency must declare the property to be “exempt surplus land” at a regular public meeting and the declaration must be supported by written findings demonstrating that the land is of one or more of the following types:

(1) For exempt surplus land identified in Government Code section 54221(f)(1)(A), (B), (E), (K), (L), or (Q), a local agency may, instead, elect to identify the land in a public notice that is published by the local agency and available for public comment. Notice must also be provided to the entities identified in Section 201(a) of these Guidelines.

The local agency must provide notice at least 30 days before the exemption takes effect.

(2) City- and County-Owned Land for Affordable Housing. County-owned surplus land transferred for the development of affordable housing must meet the requirements of Government Code section 25539.4. City-owned surplus land transferred for the development of affordable housing must meet the requirements of Government Code section 37364.

(A) Local agencies must, once a developer has been selected, submit to HCD a DDA, ENA or lease that confirms the requirements of Government Code section 54221(f)(1)(A) have been met.

(3) Small Surplus Land Parcels. Land that is:

(A) Less than one-half acre in area (21,780 square feet) and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

(i) For the purposes of these Guidelines, each parcel of land shall be considered a distinct unit of exempt surplus land, except that contiguous parcels that are disposed of simultaneously to the same receiving entity, 14 or any entity working in concert with another receiving entity, shall be treated as a single unit of land.

(4) Exchange of Surplus Land. Surplus land that a local agency is exchanging for another property or easement necessary for the local agency’s use.

(5) Local Agency to Agency Surplus Land Transfer. Surplus land that is transferred to another local, state, federal agency, or federally recognized California Indian tribe for the transferee agency’s use. Surplus land may also be transferred to a third party intermediary if that third party agrees to make no change in use to the property, and the third party acquires the land through a legally binding document that clearly binds the receiving local agency to use the property for the receiving agency’s use and includes a date for eventual transfer of the property to the receiving agency within a reasonable time period.

(6) Surplus Street Land. Surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.

(7) Mixed-Use Developments for Affordable Housing. Land disposed for any of the purposes identified below:

(A) A housing development (including mixed-use developments with ancillary commercial ground floor uses) that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower-income households as affordable housing pursuant to section 102(a) of these Guidelines. In no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located. The requirements of Section 102(a) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation
.

(i) For purposes of this subsection, neighborhood means the zip code in which the site is located. A local agency disposing of land for housing development pursuant to (i) above may use the most recent median market rents and sales price data for the zip code in which the site is located to calculate the affordable sales price and rent level of restricted units.

(B) A mixed-use development on surplus land that is more than one acre but less than 10 acres in area. The land may be a single parcel or multiple adjacent or non-adjacent parcels. The development must include not less than 300 residential units and restrict at least 25 percent of the residential units to lower-income households as affordable housing pursuant to section 102(a) of these Guidelines. The requirements of Section 102(a) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who 15 violates the covenant or restriction and each successor in interest who continues the violation.

(i) To qualify for this exemption, a local agency must either follow the local agency’s open, competitive solicitation process or put the property out to an open, competitive bid in which all entities identified in Section 201(a) of these Guidelines are invited to participate.

(C) Surplus land totaling 10 or more acres, consisting of either a single parcel or two or more adjacent or non-adjacent parcels combined for disposition to one or more buyers pursuant to a plan or ordinance adopted by the legislative body of the local agency or to a state statute if all of the following conditions are met:

(i) The completed development will consist of the greater of either:

I. 300 or more residential units, or

II. A number of residential units equal to 10 times the number of acres of the surplus land (e.g., a 40-acre development requires 400 residential units) or 10,000 residential units, whichever is less.

(ii) A local agency must either follow their local agency’s open, competitive solicitation process or put the property out to an open, competitive bid in which all entities identified in Section 201(a) of these Guidelines are invited to participate.

(iii) The development restricts at least 25 percent of the residential units to lower-income households as affordable housing pursuant to Section 102(a) of these Guidelines. The requirements of Section 102(a) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation
.

(iv) In mixed-use developments, residential housing must be constructed concurrently with non-residential development. If nonresidential development (e.g., commercial development) is included in the development, at least 25 percent of the total planned affordable units shall be made available for lease or sale and permitted for use and occupancy before or at the same time as at least 25 percent of nonresidential development is made available for lease or sale and permitted for use and occupancy.

I. Percent of nonresidential development is measured by computing the total square footage of the commercial component of the development, as identified in the final DDA, and multiplied by .25.

(v) A ny violation of this Section 103(c)(7)(C) is subject to the penalties 16 described in Government Code section 54230.5. A local agency shall only dispose of land pursuant to this subsection through a disposition and development agreement that includes an indemnification clause that provides that if an action occurs after disposition that violates this subsection, the person or entity that acquired the property shall be liable for the penalties.

(D) A mixed-use development in rural areas of California, consisting of one or more parcels, that meets all the following conditions:

(i) The development restricts at least 25 percent of the residential units to lower-income households as affordable housing pursuant to Section 102(a) of these Guidelines. The requirements of Section 102(a) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation
.

(ii) At least 50 percent of the square footage of the new construction is designated for residential use.

(iii) The development is not located in an urbanized area, as defined in Section 21094.5 of the Public Resources Code, which defines “urban” as either an incorporated city or an unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:

I. The sum of the population of the unincorporated area and the population of the surrounding incorporated cities is 100,000 or more.

II. The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities.

(E) Where the surplus land consists of more than one parcel or is one parcel that will be subdivided into multiple contiguous parcels, and the parcel(s) are eligible for one of the exemptions under Section 103(c)(7)(A)-(D), the land can be treated as one parcel by a master developer. In addition, the affordable residential units must be constructed and completed not later than the unrestricted units and non-residential portion of the development. If the mixed-use development occurs in phases, the affordability requirement must be met in each phase.

(8) Land Subject to Valid Legal Restrictions. For land to qualify for this exemption, a local agency must establish that the surplus land is subject to a legal restriction pursuant to section (A) below and meets the following criteria: 1) the restriction was not imposed by the local agency, 2) the restriction makes housing a prohibited use, and 3) there is no feasible method to mitigate or avoid the prohibition of housing on the site.
17 (A) S o long as the land meets all the criteria in this Section 103(c)(8), above, valid legal restrictions include, but are not limited to, the following:

(i) Existing contracts, including leases, agreed to prior to September 30, 2019.

(ii) Easements.

(iii) Source of Funding Restrictions. Restrictions imposed by the source of funding that a local agency used to purchase a property, provided that both of the following requirements are met:

I. The restrictions require the funds be spent only on non-housing purposes.

II. The proposed disposal of the land is consistent with the requirements imposed by the funding constraints.

(iv) Other valid legal restrictions may also include federal or state statutes or regulations.

(B) A valid legal restriction shall be supported by documentary evidence establishing the valid legal restriction. Such evidence includes, but is not limited to, the following:

(i) Copies of contracts, leases, public or private grant deeds, easements, or federal or state statutes or regulations.

(ii) A written explanation describing how the legal restriction meets the criteria in section 103(c)(8).

(iii) It is not necessary for a local agency to acquire additional property rights or property interests belonging to third parties in order to attempt to mitigate housing prohibitions.

(C) V alid Legal Restrictions do not include the following:

(i) Existing nonresidential land use designations.

(ii) Covenants, restrictions, or other conditions on the property rendered void and unenforceable by any other law, including, but not limited to, Section 714.6 of the Civil Code.

(9) Surplus Trust Lands. Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.

18 (A) A list of state granted trust lands may be found on the State Lands Commission website: https://www.slc.ca.gov/granted_lands/.

(B) A declaration of surplus trust land exempted pursuant to this subdivision must be supported by written findings that the land was granted by the state in trust or acquired by the local agency for trust purposes. The written findings must include the governing statute that sets the conditions for disposal of the trust land.

(10) School District Surplus Land. Land that is subject to Education Code sections 17388, 17515, 17536, 81192, 81397, 81399, 81420, or 81422 of the Education Code and Part 14 of Division 31 of the Health and Safety Code commencing with Health and Safety Code section 53570, unless compliance with the SLA is expressly required.

(11) Real property that is used by a district for agency’s use expressly authorized in Government Code section 54221(c).

(12) Transfers of Surplus Parking Lot Land. Surplus parking lot land that has been transferred before June 30, 2019, by the state to a local agency pursuant to Streets and Highways Code section 32667 and has a minimum planned residential density of at least 100 dwelling units per acre and includes 100 or more residential units that are restricted to persons and families of low or moderate income pursuant to Section 102(a) of these Guidelines.

(13) Surplus land disposed of by a local educational agency, as defined by and pursuant to Government Code section 65914.7 (effective January 1, 2024).

(14) Surplus land that is a former military base that was conveyed by the federal government to a local agency and is subject to Article 8 (commencing with section 33492.125) of Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, provided that all of the following conditions are met:

(A) The former military base has an aggregate area greater than five acres, is expected to include a mix of residential and nonresidential uses and is expected to include no fewer than 1,400 residential units upon completion of development or redevelopment of the former military base.

(B) The affordability requirements for residential units shall be governed by a settlement agreement entered into prior to September 1, 2020. Furthermore, at least 25 percent of the initial 1,400 residential units developed shall be restricted to lower-income households, as defined in section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in sections 50052.5 and 50053 of the Health and Safety Code.

Rental housing must be restricted for a minimum of 55 years; for-sale housing must be restricted for a minimum of 45 years; and rental or ownership housing located on tribal trust lands must be restricted for a minimum of 50 years.

19 (C) Prior to the disposition of the surplus land, the recipient has negotiated a project labor agreement consistent with the local agency's project stabilization agreement resolution, as adopted on February 2, 2021, and any succeeding ordinance, resolution, or policy, regardless of the length of the agreement between the local agency and the recipient.

(D) The agency includes in the annual report required by Government Code section 65400(a)(2) the status of development of residential units on the former military base, including the total number of residential units that have been permitted and what percentage of those residential units are restricted for persons and families of low or moderate income, as defined in section 50093 of the Health and Safety Code, or lower-income households, as defined in section 50079.5 of the Health and Safety Code.

(15) Sectional Planning Areas. Land subject to Government Code section 54221(f)(1)(P).

HCD may request additional information to confirm land is eligible for the exemption.

(16) Surplus Land at Airport Facilities. Land that is owned by a California public-use airport in which residential housing is prohibited by Federal Aviation Administration (FAA) rules, grant deeds, or grant assurances. It is the responsibility of the local agency to identify the specific FAA rule, grant deed or grant assurance that prohibits housing.

(17) Land Transferred to a Community Land Trust. Land that is sold, leased, or transferred to a community land trust that meets all the following requirements:

(A) The land is, or will be, developed or rehabilitated for the purposes of housing.

(B) The housing that will be developed or rehabilitated will be occupied by low or moderate-income households as defined in Section 50093 of the Health and Safety Code for owner-occupied units or occupied by low-income households as defined in Section 50079.5 of the Health and Safety Code for rental units.

(C) The affordability requirements identified above shall be contained in a covenant, deed restriction, or equity sharing agreement pursuant to paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code for owner-occupied units or pursuant to paragraph (2)(A) of subdivision (g) of Section 214 of the Revenue and Taxation Code for rental units, and recorded against the surplus land no later than January 1 of the year following the sale, that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation. A copy of the covenant or restriction shall be provided to the County Assessor.

(18) Mixed-use developments by Transportation Districts.

(A) Land owned by local agencies whose primary mission or purpose is to supply the public with transportation may be used to develop projects for commercial or industrial uses, including nongovernmental retail, entertainment, or office 20 development or for the sole purpose of investment or generation of revenue, if the agency meets all the following criteria:

(i) The agency has an adopted land use plan or policy that designates at least 50 percent of the gross acreage covered by the adopted land use plan or policy for residential purposes and that plan proposes to develop the greater of either at least 300 residential units or at least 10 residential units per gross acre, averaged across all land covered by the land use plan or policy. Land use plans or policies include but are not limited to an adopted land use plan, land use program, joint development policy, transit-oriented development policy, or other similar policy.

(ii) The agency’s adopted land use plan or policy requires that at least 25 percent of all residential units to be developed on the parcels covered by the adopted land use plan or policy
are affordable pursuant to Section
102(a) of these Guidelines.

(iii) While the agency is required to develop all the affordable units in the agency’s adopted land use plan or policy, before the agency is permitted to dispose of land for non-housing purposes, the agency must have in place a legally binding agreement(s), entered into since January 1, 2020, to dispose of at least 25 percent of the land pursuant to subparagraph (ii).

(B) Land disposed of for residential purposes shall:

(i) Be put out subject to the local agency’s open, competitive solicitation process or put out to open, competitive bid by the local agency, provided that all entities identified in Government Code section 54222, subdivision (a), are invited to participate.

(ii) Include the appropriate affordability covenants or restrictions recorded against the surplus land that will be used to meet the plan's affordability requirements. At least 25 percent of the residential units proposed in the entirety of the land use plan or policy, but not necessarily on individual parcels, must be affordable pursuant to Section 102(a) of these Guidelines.

(19) Land subject to Government Code section 54222.3.1. HCD may request additional information to confirm land is eligible for the exemption.

(d) If the surplus land is located in one of the four locations below, an NOA for open space purposes must be sent via email or certified mail to the entities identified in Government Code section 54222(b) and HCD before a local agency may dispose of the land pursuant to Section 103(c)(2)-(8) and (10)-(19) of these Guidelines.

(1) The land is located within a coastal zone.

(2) The land is adjacent to a historical unit of the State Parks System. 21 (3) The land is listed on, or determined by the State Office of Historic Preservation to be eligible for listing on, the National Register of Historic Places.

(4) The land is located within the Lake Tahoe region as defined in Government Code section 66905.5.

(e) Exemption Determination: Any determination by a local agency that its surplus lands are exempt from the SLA must be supported by written findings and documentation, which shall be provided to HCD pursuant to section 400(e) of these Guidelines.

(f) Pursuant to section 201 of these Guidelines, prior to disposing of surplus land or participating in negotiations to dispose of surplus land with a prospective transferee, a local agency shall send a written NOA. However, “participating in negotiations” does not include any of the following:

(1) I ssuing an RFP or RFQ to the entities identified in Government Code section 54222(a) for the purposes of meeting the affordable housing exemptions in Government Code section 54221(f)(1)(A), (F), (G), (H), and (I);

(2) N egotiating a lease, ENA, or option agreement for the purposes of meeting the affordable housing exemptions in Government Code section 54221(f)(1)(A), (F), (G), (H), and (I); or

(3) N egotiating with a developer to determine if the lease provisions of Government Code section 54221(d)(2) can be met.

Note: Authority cited: Government Code section 54230, subdivision (c)(2), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54221, section 54222, section 54222.3, section 54223, section 54226, section 54227, section 54230, section 54230.5, section 54233, section 54234, subdivisions (a)(2), (b)(1), (b)(2), section 25539, section 25539.4, section 37364; Education Code section 17388, section 17515, section 17536, section 81192, section 81397, section 81399, section 81420, and section 81422; Health and Safety Code sections 53570 et seq.; Streets and Highways Code section 32667.

Section 104. Agency’s Use

(a) Except as provided below, “agency’s use” shall include, but not be limited to, land that is being used for agency work or operations, land that a local agency plans to use for agency work or operations pursuant to a written plan adopted by the local agency’s governing board, or land that is disposed of for agency work or operations.

(1) “Agency work or operations” includes, but is not limited to, utility sites; watershed property; land being used for conservation purposes; land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, property owned by a port that is used to support logistics uses, sites for broadband equipment or wireless facilities, buffer sites located near sensitive governmental uses, including, but not limited to, wastewater treatment plants, and waste disposal sites.
22 (2) In cases where a local agency will only use a portion of land for agency’s use, the local agency must comply with the SLA when disposing of the portion of land not being used for agency’s use, even if revenue generated on that portion of the land is used to support the development on the portion of land that qualifies as agency’s use. A local agency may issue an NOA that includes reasonable conditions or restrictions, as provided in section 202(a)(2)(D)(iv), noting that a portion of the land will be used for agency’s use.

(3) Agency’s use shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the purpose of investment or generation of revenue shall not be considered necessary for agency’s use.

(4) In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, agency’s use may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development, or may be used for the sole purpose of investment or generation of revenue if either (a) such use directly furthers the express purpose of the district’s work or operations, or (b) such use is expressly authorized by a statute governing the district, provided the district complies with Government Code section 54233.5 where applicable. Also, the district’s governing body must take action in a public meeting declaring that the use of the site meets one of these two requirements.

(b) Land that a local agency disposes of pursuant to the Eminent Domain Law, Code of Civil Procedure section 1240.010 et seq., shall also constitute agency’s use, as defined in section 104 of these Guidelines, under either of the following conditions:

(1) The land is transferred to another property owner for the purpose of mitigating impacts to the transferee property owner resulting from the local agency’s project.

(2) The local agency acquired the land for the express purpose of transferring the land to another entity.

(c) N otice of Disposition for Agency’s Use: A local agency that plans to dispose of land for agency’s use shall provide documentation that the land meets the definition of agency’s use in Section 104(a) to HCD at least 30 days prior to disposition. A local agency that is using or plans to use the land for agency’s use but is not disposing of the land, as defined in Section 102(i) of these Guidelines, is not required to send documentation to HCD.

Note: Authority cited: Government Code section 54221, subdivisions (b)(1), (c)(1), (c)(2)(A), (c)(2)(B).

23 ARTICLE II. SURPLUS LAND

Section 200. Surplus Land Determination Process

(a) Land must be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. Prior to taking any action to dispose of surplus land or participating in negotiations to dispose of surplus land with a prospective transferee, a local agency shall send a written Notice of Availability (NOA). A local agency may not solicit or accept offers to purchase or develop surplus land until the agency has first sent an NOA and, if the agency receives any responses to the NOA, completed negotiations with those parties. However, “participating in negotiations” does not include any of the following:

(1) I ssuing an RFP or RFQ to the entities identified in section 54222(a) for the purposes of complying with Government Code sections 54221(f)(1)(A), (F), (G), (H), and (I);

(2) N egotiating a lease, ENA, or option agreement for the purposes of meeting the affordable housing exemptions in Government Code section 54221(f)(1)(A), (F), (G), (H), and (I); or

(3) N egotiating with a developer to determine if the lease provisions of Government Code section 54221(d)(2) can be met.

(b) Surplus land shall have the definition set forth in section 102(dd) of these Guidelines and exempt surplus land shall have the definition and meet the requirements set forth in section 103(c) of these Guidelines.

(c) Beginning April 1, 2021, “a central inventory of all surplus land” shall be reported to HCD no later than April 1 of each year on Table H of the city’s or county’s APR submitted pursuant to Government Code section 65400(a)(2).

Note: Authority cited: Government Code section 54230, subdivision (c)(2), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54230, section 65400.

Section 201. Notice of Availability

Any local agency disposing of surplus land, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, shall send a written NOA to all parties designated in Section 201(a)-(d) below. The notice shall be in a form prescribed by HCD in Appendix A of these Guidelines and shall comply with the following.

(a) Low- and Moderate-Income Housing Notice of Availability.

(1) A written NOA of surplus land provided on the form contained in Appendix A of these Guidelines for the purpose of developing low- and moderate-income housing shall be sent to the following:

(A) HCD and any local public entity as defined in Health and Safety Code section 50079 and Section 102(t) of these Guidelines, within whose jurisdiction the surplus land is located. HCD will maintain on its website an up-to-date listing 24 of all NOAs throughout the state. NOAs shall be delivered to HCD via the SLA Portal or Certified Mail.

(B) Housing sponsors that have notified HCD of their interest in surplus land that is in the county in which the surplus land is located or in all California counties. Housing sponsors must notify HCD of their interest in surplus land by completing a survey provided by HCD. Those interested in receiving notices from local agencies based on HCD’s expressions-of-interest list are responsible for keeping their addresses and contacts current.

(2) An entity not on HCD’s list may also respond to an NOA.

(3) All responses shall be date and time stamped by the local agency as they are received.

(4) All NOAs shall be sent by certified mail or email and shall include the location and a description of the surplus land.

(b) Park, Recreation and Open Space availability notices shall comply with the conditions and follow the requirements as described in Government Code sections 54221, subdivision (f)(2), 54222, and 54227, subdivision (b).

(c) School facilities surplus land availability notices shall comply with the conditions and follow the requirements as described in Government Code section 54222(c).

(d) Infill Opportunity Zone or Transit Village Plan surplus land availability notices shall comply with the conditions and follow the requirements as described in Government Code section 54222(d).

Note: Authority cited: Government Code section 54230, subdivision (c)(2), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54221, subdivision (f)(2), section 54222, and section 54227, subdivision (b); Health and Safety Code section 50079.

Section 202. Disposal of Surplus Land for Affordable Housing

Prior to taking any action to dispose of surplus land, the governing board of a local agency must hold the required public meeting to declare property as surplus land, as described in Section 102(dd) of these Guidelines, and an NOA described in Section 201(a) must be sent to interested housing sponsors identified by the expressions-of-interest list maintained by HCD and local public entities within whose jurisdiction the surplus land is located and must invite those interested to respond to the local agency with a notice of interest.

(a) Negotiating Disposition of Surplus Land for Affordable Housing

(1) Response to an NOA of surplus land for the development of affordable housing

(A) 60 Days to Respond. An entity or association interested in developing surplus land for affordable housing must notify in writing the disposing agency of its interest in purchasing or leasing the land within 60 days after the agency’s NOA is sent via certified mail or provided via electronic mail. 25 (i) A local agency may not issue an RFP on surplus land less than 60 days from the date that the local agency issues the NOA.
(ii) If a noti
ce of interest is received in response to an NOA, an RFP may not be issued until after the conclusion of the 90-day negotiation period. (B) Upon Receipt of Notice of Interest. If a local agency disposing of surplus land receives a timely notice of interest from a proper entity, then a good faith negotiation period of at least 90 days begins on the first day after the end of the 60-day period in Government Code section 54222(e). If the price or terms cannot be agreed upon after the full 90-day good faith negotiation period, then the local agency may dispose of the surplus land without further regard to the SLA but must still comply with Government Code section 54233 or 54233.5, as applicable.
(C) 90-Day Good Faith Negotiation Period.
(i) For purposes of the 90-day good faith negotiation period, residential use of the surplus land by the prospective transferee shall be deemed an acceptable use. Nothing in this subdivision shall restrict a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land, except that terms agreed to as part of the 90-day good faith negotiation period must comply with the following:

I. A local agency cannot prohibit residential use of the surplus land as a condition of a sale or lease.

II. A local agency cannot reduce the authorized number of residential units or the maximum lot coverage of the surplus land below what is allowed by zoning or general plan requirements.

III. A local agency may not require, as a condition of sale or lease, any design st
andards or architectural requirements that would have a substantial negative effect on the viability or affordability of a housing development for very low-, low- or moderate-income households, other than the minimum standards required by general plan, zoning, and subdivision standards and criteria.
(ii) For the purpose of disposition of surplus land in Section 400(b)(1) of these Guidelines, the local agency must establish and document that good faith negotiations have taken place with each respondent. (iii) HCD may request from local agencies a purchase and sale or lease agreement di
sposing of surplus land when good faith negotiations do not result in a disposition to an affordable housing entity.

(iv) Activities that demonstrate good faith negotiations include, but are not limited to:

26 I. Make a serious effort to meet at reasonable times and attempt to reach agreement;

II. Respon
d to letters of interest;
III. Respond to and consider reasonable offers to purchase or lease; IV. Not require that development proposals significantly deviate from the N
OA; and
V. Not arbitrarily end active negotiations after 90 days. (D) For the purposes of complying with the SLA’s requirements regarding NOAs, “participating in negotiations” does not include the commissioning of appraisals, due diligence prior to the sale or lease of the surplus land, discussions with brokers or real estate agents not representing a potential buyer, or other studies to determine value or best use of the surplus land, issuance of a request for qualifications, development of marketing materials, or discussions conducted exclusively among local agency employees and elected officials.
(E) If an entity believes a local agency has not negotiated with it in good faith pursuant to this section, the entity may notify HCD via the Surplus Lands Portal.
(F) Sam
ple negotiation process timeline. The following represents a sample timeline for a good faith negotiation per the definition in Section 102(m) of these Guidelines. Minor departures from this sample do not constitute per se bad faith, and differences in the timeline may be justified with prior notice to HCD.

• March 1, 2024 – disposing agency sends an NOA of surplus land as described in Section 201;
• March 12, 2024 – disposing agency receives notice of interest from first entity desiring to purchase or lease the surplus land; • March 22, 2024 – disposing agency receives notice of interest from second entity desiring to purchase or lease the surplus land; • April 30, 2024 – last day for an entity desiring to purchase or lease the surplus land to respond to the NOA;
• May 1, 2024 – 90-day, good faith negotiation period commences, as described in section 202(a)(1)(C);
• July 30, 2024 – last day of 90-day, good faith negotiation period; • July 31, 2024 – first day that disposing agency may dispose of the surplus land without regard to the amendments to the SLA, except that the disposing agency must still follow Government Code sections 54233 or 54233.5.
(2) Terms
(A) As part of the 90-day good faith negotiation period, a local agency and a 27 prospective transferee may agree to limitations on residential use or density if, without such limitations, the residential use or density would have a specific, adverse impact, supported by written findings, upon the public health or safety or upon the local agency’s operation or facilities, and there is no feasible method to satisfactorily mitigate the impact.

(B) For low- and moderate-income housing purposes, a local agency may agree to a payment period of up to 20 years for a sale of surplus land in any contract of sale or sale by trust deed for the land. Such payment period may exceed 20 years but shall not exceed the term that the surplus land is required to be used for low- or moderate-income housing. (C) A local agency may sell or lease surplus land at fair market value or fair market rent or less than fair market value or fair market rent. (D) Agreement between the local agency and buyer.
(i) Failure to agree on sale/purchase price of land: If “fair market value” was determined by a single appraisal, a second appraisal value commissioned from a mutually acceptable firm may be averaged with the initial value to determine a sales price.
(ii) Partial lease/acquisition: A local agency may agree to a lease or sale of part of the surplus land provided that the remaining parcel or parcels are disposed of as surplus land or exempt surplus land. A written justification for accepting a lease or sale of part of surplus land must accompany the Appendix B report to HCD.
(iii) Agency change of mind: A local agency may withdraw its NOA provided that no notices of interest have been received and a written “notice of withdrawal” is sent to all housing sponsors, local public entities, HCD, and any other developers to which the NOA was sent.
(iv) Conditions and restrictions required by the local agency as seller: A local agency may provide entities with reasonable conditions or restrictions for the surplus land in question, which must be included in the NOA, and should be reviewed by HCD pursuant to Section 400. The parties are required by the SLA to then negotiate in good faith. If the parties cannot resolve issues that would preclude a disposition within the 90-day negotiation period, the parties may discuss the issue(s) with HCD. (3) Multiple Notices of Interest
(A) A local agency may negotiate concurrently with all entities that provide notice of interest for the purpose of developing affordable housing that meets the requirements of Government Code section 54222.5.
(B) In the event that any local agency disposing of surplus land receives a notice of interest to purchase or lease that land from more than one of the entities to which an NOA was given, the local agency shall give first priority to the entity 28 or entities that agree to use the site for affordable housing that meets the requirements of Government Code section 54222.5, described as follows:

(i) Not less than 25 percent of the total number of units developed (which number includes density bonus units) shall be affordable housing as defined by Section 102(a) of these Guidelines.
(ii) If the local agency receives notices of interest from more than one entity that agrees to meet the requirements of Government Code section 54222.5, then the local agency shall give priority to the entity that proposes to provide the greatest number of units that meet the requirements of Government Code section 54222.5.
(iii) If more than one entity proposes the same number of units that meet the requirements of Government Code section 54222.5, priority shall be given to the entity that proposes the deepest average level of affordability for the affordable units.
(4) Following good faith negotiations, grounds for a local agency to reject an offer include, but are not limited to, the following:
(A) The local agency and buyer/lessee cannot agree on the sales price and terms or lease terms.
(B) Priority is given to a competing offer that includes a greater number of affordable units or, in case of a tie in the number of units, the lowest average level of affordability consistent with Government Code section 54222.5. (C) The interested entity is not responsive to a local agency’s reasonable conditions or restrictions as described in the NOA, where consistent with these Guidelines and the SLA.
(b) Requirements If Negotiations End with No Sale or Lease of Surplus Land (1) Local Agencies That Are Not Districts.
(A) If the local agency does not agree to price and terms with any entity to which an NOA was given pursuant to these Guidelines, or if no entity to which a NOA was given pursuant to these Guidelines responds to that notice, then the land in question may be disposed of outside of the SLA, except that this section shall apply.

In all dispositions of surplus land in which the local agency does not agree to price and terms or in which no entity responds, an affordability covenant must still be recorded against the property. The covenant must state that if 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the property shall be sold or rented as affordable housing as defined by Section 102(a) of these Guidelines.
29 (i) Rental units shall remain at an affordable housing cost to, and occupied by, lower-income households for a period of at least 55 years.

Ownership units shall remain at an affordable housing cost to, and occupied by, lower-income households for a period of at least 45 years.

Rental or ownership housing located on tribal trust lands shall remain at an affordable housing cost to, and occupied by, lower-income households for a period of at least 50 years. The initial occupants of all ownership units on the surplus land shall be lower-income households and the unit shall be subject to an equity sharing agreement consistent with Health and Safety Code section 65915(c)(2). Any subsequent occupants shall also be lower-income households, if necessary, for the unit to remain occupied by lower-income households, for at least 55 years, 45 years, or 50 years, respectively.

(ii) The requirements set out in this subdivision above shall be contained in a covenant or restriction to be recorded against the surplus land prior to land use entitlement, and the covenant or restriction shall run with the land and shall be enforceable by any of the following parties against any owner who violates the covenant or restriction and each successor in interest who continues the violation:

I. The local agency that disposed of the property.

II. Any resident of an affordable ownership or rental unit described in this subdivision.

III. A resident’s association with members who reside in units described in this subdivision.

IV. A former resident of a unit described in this subdivision who last resided in that unit.

V. An applicant seeking to enforce the covenants or restrictions for a particular unit, ownership or rental, as described in this subdivision, if the applicant conforms to all of the following:
a. Is of low or moderate income, as defined in section 50093 of the Health and Safety Code;
b. Is able and willing to occupy that particular unit; and c. Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing Government Code section 54222.5.

VI. A person on an affordable housing waiting list who is of low or moderate income, as defined in section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this provision of the Guidelines.
30 (B) A local agency shall provide a draft copy of any restrictions to be recorded against the surplus land to HCD as an attachment to the form prescribed by HCD in Appendix B.

(2) Distr
icts.
(A) If a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, disposes of surplus land where local zoning permits development of 10 or more residential units or is rezoned within five years of the disposal to permit the development of 10 or more residential units, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcel shall be sold or rented as affordable housing as defined by Section 102(a) of these Guidelines, and the additional requirements contained in Section 202(c)(1)(A)(i)-(ii) of these Guidelines shall apply.
(B) A local agency that is a district shall provide a draft copy of any restrictions to be recorded against the surplus land to HCD on the form prescribed by HCD in Appendix B of these Guidelines.
(C) This subsection shall not apply to projects as defined in Health and Safety Code section 32121(j).
(c) Disposition of contiguous land.
(1) If a local agency seeks to simultaneously dispose of multiple contiguous parcels of surplus land to the same receiving entity, or any entity working in concert with another receiving entity, such that it would reduce the capacity of individual parcels to support at least ten housing units, the applicable affordability covenant must be applied such that the amount of affordable housing required is based on the aggregate capacity of the contiguous parcels.
(2) If the surplus land consists of multiple contiguous parcels or is one parcel that will be subdivided into multiple contiguous parcels, the land can be treated as one parcel by a master developer for the purpose of applying the applicable affordability covenant. (d) Payment Period for Surplus Land Disposed of in Contract of Sale or Sale by Trust Deed. (1) If surplus land is disposed of for housing for persons and families of low and moderate income, the payment period shall not exceed the term that the land is required to be used for low- or moderate-income housing. (2) If surplus land is disposed of for park or recreation purposes, for open-space purposes, or for school purposes, the local agency may provide for a payment period of up to 20 years.
31 Note: Authority cited: Government Code section 54230, subdivision (c)(2), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54221, section 54222, section 54222, subdivision (f), section 54222.5, section 54223, section 54225, section 54226, section 54227, section 54233; Health and Safety Code section 32121. 32 ARTICLE III. REQUIREMENTS TO BE PLACED ON SURPLUS LAND FOR AFFORDABLE

HOUSING

Section 300. Requirements When an Entity Proposes to Use the Surplus Land for Developing Affordable Housing
(a) An entity proposing to use the surplus land for affordable housing shall agree to make no less than 25 percent of the total number of units developed on the parcels as affordable housing pursuant to Section 102(a) of these Guidelines. The entity shall comply with the following additional requirements:
(1) Rental units shall remain at an affordable housing cost to, and occupied by, lower- income households for a period of at least 55 years and 50 years for housing located on tribal trust lands.
(2) Ownership units shall remain at an affordable housing cost to, and occupied by, lower-income households for a period of at least 45 years and 50 years for housing located on tribal trust lands. The initial occupants of all affordable ownership units on the property shall be lower-income households and the units shall be subject to an equity sharing agreement consistent with Health and Safety Code section 65915(c)(2). Any subsequent occupants shall also be lower-income households, if necessary for the unit to remain occupied by lower-income households for at least 45 years and at least 50 years for housing located on tribal trust lands. (3) The affordable residential units required under the covenant described in subdivision (b) below must be developed prior to or at substantially the same time as the unrestricted units and non-residential portion of the development. If the development occurs in phases, the affordability requirement should be met in each phase. (b) The requirements set out in subdivision (a) above shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which by its express terms shall run with the land and shall be enforceable by any of the following parties, against any owner who violates the covenant or restriction and each successor in interest who continues the violation:
(1) The local agency that disposed of the property.
(2) Any resident of an affordable ownership or rental unit described in subdivision (a). (3) A resident’s association with members who reside in units described in subdivision (a).
(4) A former resident of a unit described in subdivision (a) who last resided in that unit. (5) An applicant seeking to enforce the covenants or restrictions for a particular unit, ownership or rental as described in subdivision (a), if the applicant conforms to all of the following:
(A) I s of low or moderate income, as defined in section 50093 of the Health and 33 Safety Code;

(B) Is able and willing to occupy that particular unit; and (C) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing Government Code section 54222.5. (6) A person on an affordable housing waiting list who is of low or moderate income, as defined in section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this provision of the Guidelines. (c) A local agency shall provide a draft copy of any restrictions to be recorded against the surplus land to HCD as an attachment to the form prescribed by HCD in Appendix B.

Note: Authority cited: Government Code section 54230, subdivision (c), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54222.5, section 54233; Health and Safety Code section 50093, section 65915.
34 ARTICLE IV. REPORTING REQUIREMENTS

Section 400. Local Agency Reporting Requirements

(a) Pre-Negotiation and Disposal Notice. A local agency must submit an NOA to HCD, all local public entities as defined in Health and Safety Code section 50079 within whose jurisdiction surplus land is located, and all interested housing sponsors that have provided notice to HCD.

(1) Prior to disposing of surplus land or participating in negotiations to dispose of surplus land with a prospective transferee, a written NOA shall be sent to HCD on the form in Appendix A pursuant to Section 201 of these Guidelines. If the NOA includes any local agency conditions or restrictions regarding development, local agencies are advised to send such conditions or restrictions to HCD for review before sending the NOA to the required entities.

(b) Post-Negotiation Notice and Proposed Disposition Summary: A proposed disposition summary must be sent to HCD on Appendix B at the conclusion of negotiations at least 30 days before the disposition of surplus land. Local agencies are only required to fill out the sections of Appendix B that apply to the disposition. Not all sections will apply to every disposition.

(1) Prior to finalizing any agreements or disposing of any surplus land, the local agency shall provide to HCD a copy of the resolution (or other document recording formal action) declaring the property surplus, a description of the NOAs sent, a description of negotiations conducted with any responding entities, including any non-solicited expressions of interest in regard to the disposal of the surplus land, proof of delivery of the NOA to all CalHFA-certified housing sponsors and local public entities, and a draft copy of any restrictions to be recorded against the property pursuant to Government Code sections 54233 or 54233.5, whichever is applicable, on the form prescribed by HCD in Appendix B. A sample covenant/restriction is provided in Appendix C. A local agency shall also provide HCD a copy of any recorded restrictions upon final disposition.

(A) Local agencies are not responsible for contacting housing entities that provided inaccurate or inactive emails or contact information within the CalHFA certified housing sponsors list. Affordable housing entities are responsible for maintaining current contact information.

(2) A local agency may submit this information to HCD after it has sent NOAs required by Government Code section 54222 and concluded negotiations with any responding entities. Article V of these Guidelines provides details on HCD’s required review of this information.

(3) If a local agency proposes to dispose of surplus land to an entity that does not have first priority and/or priority pursuant to Government Code section 54227, the local agency is required to provide HCD an adequate written explanation.

(c) A local agency may submit disposition documents identified in Section 400(b)(1) of these Guidelines to HCD any time after the 60-day NOA period or, if applicable, the 90-day good 35 faith negotiation period. In cases where a local agency is seeking to dispose of surplus land, the local agency is required to submit complete disposition documentation to HCD and receive a Findings Letter from HCD only once, regardless of when a final disposition occurs.

(d) A local agency that is a city, county, or city and county shall submit an APR pursuant to Government Code section 65400 including the following information:

(1) A central inventory of all surplus land and all lands as of December 31 in excess of the local agency’s foreseeable needs, if any, identified pursuant to Government Code section 50569. Beginning in 2021, this inventory is to be submitted to HCD by April 1 of each year. This inventory will become part of the APR as Table H. Please reference section 601 for web links which detail APR and housing element requirements.

(2) Jurisdiction-owned sites identified in the housing element sites inventory subsequently disposed of by the jurisdiction in Table G of the housing element APR.

(e) Notice of Exemption Determination: A local agency that determines that property is exempt from the SLA shall support such a determination with written findings and shall provide a copy of the written determination to HCD at least 30 days prior to disposition.

(1) A local agency must provide HCD with a copy of the resolution (or other document recording formal action) declaring the property exempt surplus land and written findings supporting such a declaration.

(2) A local agency must provide written findings that describe which exemption applies to the surplus land and how the surplus land meets the requirements of that exemption. Additional documentation may be necessary to support those written findings.

(3) Local agencies declaring land identified in Government Code section 54221(f)(1)(A), (B), (E), (K), (L), or (Q) as exempt surplus land pursuant to Government Code 54221(b)(4) must do the following: The notice must include a citation to the exemption (e.g., Government Code section 54221(f)(1)(A) for an affordable housing project), a contact name and email for public comments, and findings/reasons the land meets the exemption. HCD will accept online or newspaper publishing of the notice with evidence it was published and made available for 30 days (daily publication is not necessary). For newspaper publication, HCD will accept a notice published in a newspaper of general circulation in the local agency’s area. For online publication, the notice must be available for the full 30 days, at minimum.

(4) Local agencies are encouraged to notify HCD via the Surplus Lands Portal prior to having the resolution approved in order to clarify whether land should be declared “surplus land” or “exempt surplus land.” HCD requires at least 30 days to complete the review.

Note: Authority cited: Government Code section 54230, subdivision (c), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 50569, section 54221, section 54222, section 54230.5, section 54233, section 54233.5, section 65400. 36 ARTICLE V. PERFORMANCE MONITORING AND PENALTIES

Section 500. HCD Monitoring, Recording, and Reporting

(a) Initiation of Monitoring. Beginning on January 1, 2021, HCD shall initiate monitoring of local agency compliance with certain requirements imposed by the SLA.

(b) Educational Materials and Technical Assistance. To assist agencies with SLA compliance, HCD will from time to time make available educational resources and materials regarding the SLA and these Guidelines to local agencies and the public. Local agencies may request technical assistance via the Surplus Lands Portal.

(c) HCD’s Findings. HCD shall review the information and documents submitted by a local agency pursuant to Section 400 of these Guidelines. HCD shall consider and make findings as to whether the local agency’s proposed sale or lease of the land will violate the SLA, including these Guidelines.

(1) If HCD determines that the proposed sale or lease will violate the SLA, HCD shall issue a Findings Letter that contains written findings supporting HCD’s determination. HCD shall send the Findings Letter to the local agency within 30 days of receipt of the local agency’s submittal.

(A) HCD’s 30-day response period will begin to run when HCD receives all the required documents and information listed in Section 400 of these Guidelines.

HCD will immediately, and not more than 30 days after receipt of the required documents and information, notify the local agency in writing if HCD determines any required documents or information necessary for HCD’s findings are missing.

(d) Response to HCD’s Findings. The local agency shall consider HCD’s written findings made in the Findings Letter pursuant to subdivision (c) and, within 60 days of receiving the Findings Letter, do one of the following:

(1) Correct any issues identified by HCD or explain how the local agency will correct issues identified by HCD.

(2) Provide written findings explaining the reason(s) the local agency’s process for disposing of surplus land complies with the SLA.

(e) HCD’s Final Determination. HCD shall evaluate any written findings, corrections, or proposals to correct provided by the local agency pursuant to subdivision (d) and provide the local agency with a Determination Letter or a Notice of Violation.

(1) Determination Letter. If HCD finds that the local agency has corrected all issues, or if HCD concurs that the local agency’s process for disposing of surplus land complied with the SLA, HCD shall notify the local agency of its determination in a Determination Letter.

(2) Notice of Violation. If HCD finds that the local agency has not corrected all issues, or if HCD finds that the local agency’s process for disposing of surplus land did not 37 comply with the SLA, HCD shall notify the local agency in a Notice of Violation, and may notify the Attorney General, that the local agency is in violation of the SLA.

(A) If a local agency receives a Notice of Violation, the local agency must hold an open public meeting to review the Notice of Violation. In addition to all legally required public meeting noticing requirements, the local agency must also post the public notice to the agency’s website (if applicable), post the notice in a conspicuous public place in the local agency’s office, and send the public notice to HCD via the Surplus Land Act Portal no later than the time of posting required by the Brown Act (commencing with Government Code section 54950). A local agency is not required to disclose information conducted during closed sessions at this meeting.

(B) A local agency is prohibited from finalizing the disposition of surplus land subject to a Notice of Violation until an open, public meeting is held pursuant to this Section.

(C) A local agency is exempt from subdivision (e)(2)(A) and (B) of this Section if the agency ceases the disposal of surplus land and informs HCD they have done so. If a local agency resumes the existing disposition of land at a later date, all the provisions of subdivision (e)(2)(A) and (B) of this Section apply.

(3) County of Orange and the Cities within the County of Orange—Additional Requirements. For the County of Orange or any city within the County of Orange, the following requirements apply in addition to the requirements described in subdivisions (c)-(e)(2):

(A) HCD shall make its Final Determination within 30 days of receiving the local agency’s response to HCD’s Findings Letter described in subdivision (d).

(B) If, pursuant to subdivisions (c) or (e), HCD issues a Findings Letter or Notice of Violation determining that the proposed disposition of surplus land will violate the SLA, the local agency shall not dispose of the surplus land until it has received a Determination Letter pursuant to subdivision (e)(1).

Note: Authority cited: Government Code section 54230, subdivision (c), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54230.5.

Section 501. Penalties

(a) HCD may seek to enforce the SLA and pursue all applicable legal and equitable remedies consistent with Government Code section 54230.6, including, but not limited to, injunctive or declaratory relief, if a local agency disposes of land, or attempts to dispose of land, in violation of the SLA.

(b) Local agency’s violation of surplus land disposition requirements; penalties.

(1) If, after receiving a Findings Letter or a Notice of Violation, as described in Section 500 of these Guidelines, a local agency disposes of surplus land without correcting all violations identified in the Findings Letter or Notice of Violation, the local agency 38 is liable for a penalty of 30 percent of the applicable disposition value of the land disposed of in violation of the SLA, and 50 percent of the applicable disposition value for each subsequent violation.

(A) These penalties shall not apply to clerical errors or violations of the SLA that do not impact the availability, priority, or construction of affordable housing (e.g., the amount of affordable housing provided) or the ultimate disposition of the land in compliance with the SLA. However, failure to issue an NOA, to notice the required entities, to provide at least 90 days of good faith negotiations, or to provide a recorded covenant to HCD may impact the availability, priority, or construction of affordable housing or the ultimate disposition of the land in compliance with the SLA. Any violations of the SLA that limit the opportunity of affordable housing entities to purchase non- exempt surplus land are not exempt from the penalties established in Government Code section 54230.5.

(B) For the purposes of this section, “applicable disposition value” means:

(i) In the case of a sale, the greater of the final sale price of the land or the fair market value of the surplus land at the time of sale, as determined by an independent appraisal of the surplus land sold in violation of the SLA.

Appraised value should be determined by an independent, third-party appraisal prepared by a Member Appraisal Institute qualified appraiser and charged to the local agency no less than 60 days after receipt of a Notice of Violation.

(ii) In the case of a lease, the discounted net present value of the fair market value of the lease as of the date the lease was entered into, as determined by an independent appraisal of the lease of surplus land in violation of the SLA. The discounted net present value should be determined by an independent, third-party appraisal prepared by a Member Appraisal Institute qualified appraiser and charged to the local agency no less than 60 days after receipt of a Notice of Violation.

(2) The penalty shall be deposited into a local housing trust fund, except that the local agency may elect to instead deposit the penalty funds into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund.

(A) The penalty shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Asset Funds, funds dedicated to housing for very low-, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds.

(B) The local agency shall commit and expend the penalty funds within five years of deposit into the local housing trust fund for the sole purpose of financing newly constructed housing units that are affordable to extremely low-, very low-, or low-income households.

(i) If the penalty funds deposited into the local housing trust fund have not 39 been expended within five years after deposit, the funds shall revert to the state and be deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Low Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low-, very low-, or low- income households.

(C) Expenditure of any penalty funds deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this section shall be subject to appropriation by the Legislature.

(3) The local agency may appeal the penalty assessment to HCD’s Director by submitting a written appeal to the Director. The written appeal shall be limited to a statement of relevant facts, arguments, and evidence demonstrating the alleged error of law, procedure, or fact upon which the appeal is based. Penalties are mandatory in the absence of such error and cannot be waived or modified for grounds not stated in the SLA.

(4) Once the written appeal is submitted to the Director, HCD may request additional information or materials from the local agency for consideration. Appeals are to be submitted to the Director at the following address:

California Department of Housing and Community Development Division of Housing Policy Development
651 Bannon Street, Suite 400
Sacramento, CA 95811

(5) The Director will accept appeals delivered through a carrier service such as the U.S.

Postal Service, UPS, FedEx, or other carrier services that provide date stamp verification of delivery. Deliveries must be received during HCD’s weekday (non-state holiday) business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time.

(6) Appeals must be received by the Director no later than thirty (30) business days from the date of HCD’s assessment of the penalty.

(7) The Director shall render a written decision on the appeal within forty-five (45) business days after notice and hearing.

(8) The Director’s decision shall be HCD’s final decision.

(c) A local agency that sells or leases surplus land without complying with Sections 200(a), 201, 202, 300, 400(a), and 400(b) of these Guidelines violates the SLA.

(d) HCD may take action pursuant to Government Code section 65585.1 if a city, county, or city and county violates the SLA.

Note: Authority cited: Government Code section 54230, subdivision (c), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 6250 et seq., section 54222, section 54230.5, section 65589.5.

40 Section 502. Private Enforcement

(a) A public or private entity identified in Government Code section 54222, or a person who would have been eligible to apply for residency in any affordable housing developed, or a housing organization as defined in Government Code section 65589.5, or any beneficially interested person or entity, may bring an action to enforce Government Code section 54230.5.

(b) A public or private entity seeking to enforce Government Code section 54230.5 shall send a Notice of Alleged Violation to the local agency and provide a copy to HCD. The local agency has 60 days from the date of the Notice of Alleged Violation to cure or correct before the public or private entity may take further action, unless the local agency disposes of the land before curing or correcting the alleged violation, or HCD notifies the local agency in a Determination Letter that it is not in violation of the SLA in less than 60 days of receipt of the Notice of Alleged Violation.

(c) If HCD has not issued a Findings Letter to the local agency, HCD shall review the Notice of Alleged Violation submitted by the public or private entity and take action as appropriate.

HCD may send the local agency a Notice of Violation, send a Determination Letter notifying the local agency it is not in violation of the SLA, or decline to take any action on the Notice of Alleged Violation.

(1) If HCD sends the local agency a Notice of Violation, HCD shall also provide a copy of the Notice of Violation to the public or private entity that submitted the Notice of Alleged Violation. The local agency shall have 60 days from receipt of HCD’s Notice of Violation to cure or correct pursuant to Section 500 of these Guidelines before HCD or an entity identified in Section 502(a) of these Guidelines may take further action to enforce Government Code section 54230.5. Local agencies receiving a Notice of Violation from HCD must also hold an open, public meeting pursuant to Section 500(e)(2)(A) of these Guidelines.

(2) If HCD sends a Determination Letter notifying the local agency that it is not in violation of the SLA, HCD shall also send a copy of the Determination Letter to the public or private entity.

Note: Authority cited: Government Code section 54230, subdivision (c), section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code section 54222, section 54230.5, section 65589.5.
41 Appendix A – Notice of Availability Forms

Notice of Availability Cover Letter:
https://www.hcd.ca.gov/community-development/disaster-recovery- programs/docs/1.20.21.LS.SLA_TA_NoticeAvailability_CoverLetter.docx

Notice of Availability Property Description:
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.hcd.ca.gov%2Fsites% 2Fdefault%2Ffiles%2Fdocs%2Fplanning-and-community%2Fsla-ta-notice-availability-property- description.xlsx&wdOrigin=BROWSELINK

42 Appendix B – Description of Disposition Form

https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/disposition-description- template.xlsx
43 Appendix C – Sample Covenant/Restriction

https://www.hcd.ca.gov/community-
development/docs/1.20.LS.SLA_TA_SampleCovenantRestriction.docx 44 Appendix D – HCD Survey to Indicate Interest in Surplus Land

Housing sponsors, as defined by section 50074 of the Health and Safety Code, may notify HCD of their interest in surplus land pursuant to section Government Code section 54222(a)(1) using the survey at the link below:

https://calhcd.service-
now.com/csp?id=csm_sc_cat_item_public&sys_id=e2a1239747df355062339362736d4335 ACTION ITEM 9.G.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE CONSULTANT

AND PROFESSIONAL SERVICES AGREMENT WITH FELTON INSTITUTE, WHICH INCREASES THE IHART PROGRAM BUDGET BY $200,000.00 TO A TOTAL NOT-TO- EXCEED AMOUNT OF $1,112,463.00, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

RECOMMENDATION
Adopt a Resolution:

1. Approving the First Amendment to the Consultant and Professional Services Agreement with Felton Institute, which increases the IHART Program Budget by $200,000, and

2. Authorizing the City Manager to execute said First Amendment.

REASONS FOR RECOMMENDATION
In January 2024, City Council authorized execution of a one-year Consultant and Professional Services Agreement (“Agreement”) with Felton Institute (“Felton”) to provide IHART (Integrated Health and Resource Team) Program services for 12 hours every day for a total not-to-exceed budget of $912,463. The Agreement is funded by two federal grants: (1) Fiscal Year 2022 Byrne Discretionary Community Project grant ($900,000 total grant award, with $626,607 available for Felton’s scope of work), and (2) Fiscal Year 2022 Crisis Intervention Teams (“CIT”) Community Policing grant ($301,800 total grant award, with $247,965 available for Felton’s scope of work).

On December 31, 2024, the City exercised its option to extend the Agreement for one year, resulting in a term extension to January 31, 2026.

The IHART Program has produced results and is well-received in the community. As a result, City seeks to increase Felton’s available budget via a First Amendment to the Agreement. Currently, City is able to increase Felton’s budget by $200,000. Vallejo Police Department (“VPD”) continues to actively pursue additional funding options as there is a desire to further fund the IHART Program.

BACKGROUND AND DISCUSSION
In 2022, CRISIS Consulting conducted an official needs assessment for Vallejo. The assessment revealed that the demand for field based programs and mental health services (where law enforcement may not be the appropriate first response) has outpaced the resources available through Solano County. VPD, in partnership with community members, local non-profits, and many other stakeholders, worked to develop a new mobile community crisis intervention team to address specific and urgent mental and behavioral health needs in Vallejo via trauma-informed responses and linkages for mental and behavioral health and social services. This team was designed to reduce – and has reduced – the need for police presence at certain non-violent calls for service.

Date: May 13, 2025
Subject: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREMENT WITH FELTON INSTITUTE, WHICH INCREASES THE IHART PROGRAM BUDGET BY $200,000.00 TO A TOTAL NOT-TO-EXCEED AMOUNT OF $1,112,463.00, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME