SECTION 8: PROSECUTION AND PROGRESS
8-1.01 Subcontracting
The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the work under the Contractor's control.
No subcontractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and the Contractor will be held responsible for their work, which shall be subject to the provisions of the Contract Documents.
The Contractor shall perform, with the Contractor's own organization, Contract work amounting to not less than 50 percent of the original total Contract price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any designated "Specialty Items" performed by subcontract may be deducted from the original total Contract price before computing the amount of work required to be performed by the Contractor with the Contractor's own organization. When items of work in the Engineer's Estimate are preceded by the letters (S) or (S-F), those items are designated as "Specialty Items." Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to acceptance by the Engineer.
Subcontracts shall include provisions that the Contract between the City of Vallejo and the Contractor is part of the subcontract, and that all terms and provisions of the Contract are incorporated in the subcontract. Subcontracts shall also contain certification by the subcontractor that the subcontractor is experienced in and qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available to the Engineer upon written request and shall be provided to the Engineer within three (3) days of the Engineer’s request.
Pursuant to the provisions of Section 6109 of the Public Contract Code, the Contractor shall not perform work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City of Vallejo, the subcontractor shall be removed immediately on the request of the Engineer and shall not again be employed on the work.
The roadside production of materials produced by other than the Contractor's forces shall be considered as subcontracted. Roadside production of materials shall be construed to be production of aggregates of all kinds with portable, semi portable or temporary
crushing or screening, proportioning and mixing plants established or reopened for the purpose of supplying aggregate or material for a particular project or projects. The erection, establishment or reopening of the plants and the operation thereof in the production of materials for use on the work shall conform to the requirements relating to labor set forth in these Specifications and in the special provisions.
When any portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontract for such work shall be terminated immediately by the Contractor upon written notice from the Engineer, and the subcontractor shall not again be employed on the type of work in which his or her performance was unsatisfactory.
In no case shall the use of subcontractors in any way alter the position of the Contractor or Contractor's sureties with relation to this Contract. When a subcontractor is used, the responsibility for every portion of the work shall still remain with the Contractor.
The Contractor shall pay, when due, all valid claims of subcontractors, suppliers, and workmen with respect to the project.
The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility. 8-1.02 Assignment
The performance of the Contract may not be assigned, except upon the written consent of the Director. Consent will not be given to any proposed assignment which would relieve the original Contractor or the Contractor's surety of their responsibilities under the Contract nor will the Director consent to any assignment of a part of the work under the Contract.
The Contractor may assign moneys due or to become due the Contractor under the Contract and the assignment will be recognized by the City of Vallejo, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City of Vallejo and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject and subordinate to claims of the City of Vallejo. 8-1.03 Beginning of Work
The Contractor shall begin work within 10 calendar days after the first working day stated on the Notice to Proceed and shall diligently prosecute the same to completion within the time limit provided in the Notice to Contractors.
The Contractor shall notify the Engineer, in writing, of the Contractor's intent to begin work
at least 72 hours before work is begun. The notice shall be delivered to the Engineer and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location.
Should the Contractor begin work in advance of receiving written Notice to Proceed, any work performed by the Contractor in advance of the date of Notice to Proceed shall be considered as having been done by the Contractor at the Contractor's own risk and as a volunteer.
The Notice to Proceed shall constitute authority for the Contractor to enter upon the site of the work and to begin operations, upon condition that the Contractor has strictly complied with all requirements of these Contract Documents, including but not limited to, furnishing all required documentation and certificates of insurance. If Contractor has not provided City of Vallejo with all documents required by these Contract Documents as of the date of the Notice to Proceed, Contractor shall not be allowed on the site of the work or allowed to start work on the Project, notwithstanding the issuance of a Notice to Proceed.
When the Contractor has started work on the Project, the Contractor shall diligently prosecute the work to completion within the time limit provided in the Contract Documents.
The counting of working days shall begin on the date stated as the first working day on the Notice to Proceed, whether or not Contractor is allowed on the work site due to Contractor's failure to furnish City of Vallejo with all documentation required by these Contract Documents. In no event shall there be a period of time greater than thirty (30) days, from the time the Contract forms are first received by the Contractor and the commencement of the contract time, regardless of the receipt or lack thereof by City of Vallejo of all documents required by these Contract Documents. The Contractor shall, on commencing operations, take all precautions required for public safety and shall observe all the provisions in these Specifications and the special provisions. 8-1.04 (Intentionally Omitted)
8-1.05 Temporary Suspension of Work
The Engineer shall have the authority to suspend the work wholly or in part, for any time period as the Engineer deems necessary, due to unsuitable weather, or to such other conditions considered unfavorable for the suitable prosecution of the work, or for any time period as the Engineer deems necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the Contract, or for any other reason. The Contractor shall immediately comply with the written order of the Engineer to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or accepted in writing by the Engineer, or as directed by the Engineer.
In the event that a suspension of work is ordered as provided above, and should that suspension be ordered by reason of the failure of the Contractor to carry out orders or to perform any provision of the Contract; or by reason of weather conditions being unsuitable for performing any item or items of work, which work, in the sole opinion of the Engineer, could have been performed prior to the occurrence of the unsuitable weather conditions had the Contractor diligently prosecuted the work when weather conditions were suitable; the Contractor, at the Contractor's expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public traffic during the period of that suspension as provided in Sections 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," and as specified in the special provisions for the work. In the event that the Contractor fails to perform the work above specified, the City of Vallejo will perform that work and the cost thereof will be deducted from moneys due or to become due the Contractor.
In the event that a suspension of work is ordered by the Engineer due to unsuitable weather conditions, and in the sole opinion of the Engineer, the Contractor has prosecuted the work with energy and diligence prior to the time that operations were suspended, the cost of providing a smooth and unobstructed passageway through the work will be paid for as extra work as provided in Section 4-1.03D or, at the option of the Engineer, that work will be performed by the City of Vallejo at no cost to the Contractor.
If the Engineer orders a suspension of all of the work or a portion of the work which is the current controlling operation or operations, due to unsuitable weather or to other conditions considered unfavorable to the suitable prosecution of the work, the days on which the suspension is in effect shall not be considered working days as defined in Section 8-1.06, "Time of Completion." If a portion of work at the time of the suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.
If a suspension of work is ordered by the Engineer, due to the failure on the part of the Contractor to carry out orders given or to perform any provision of the Contract, the days on which the suspension order is in effect shall be considered working days if those days are working days within the meaning of the definition set forth in Section 8-1.06, "Time of Completion."
No Contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this Contract.
Any Contract adjustment warranted due to suspension of work ordered by the Engineer will be made in the same manner as provided for right of way delays in Section 8-1.09, "Right of Way Delays."
In the event of a suspension of work under any of the conditions set forth in this Section
8-1.05, the suspension of work shall not relieve the Contractor of the responsibilities as set forth in Section 7, "Legal Relations and Responsibility." 8-1.06 Time of Completion
The Contractor shall complete all or any designated portion of the work called for under the Contract Documents in all parts and requirements within the time set forth in the Contract Documents.
A working day is defined as any day, except as follows:
A. Saturdays, Sundays and legal holidays;
B. Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on that operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations; or
C. Days on which the Contractor is prevented, by reason of requirements in "Maintaining Traffic" of the special provisions, from working on the controlling operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations.
Should the Contractor prepare to begin work at the regular starting time of any day on which inclement weather, or the conditions resulting from the weather, or the condition of the work, prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least 75 percent of the normal labor and equipment force engaged in the current controlling operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter during that day and the major portion of the day could be considered to be suitable for those construction operations.
The current controlling operation or operations is to be construed to include any feature of the work (e.g., an operation or activity, or a settlement or curing period) considered at the time by the Engineer and the Contractor, which, if delayed or prolonged, will delay the time of completion of the Contract.
Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Engineer. The Contractor will be allowed 15 days from the issuance of the weekly statement of working days in which to file a written protest setting forth in what respects the Contractor differs from the Engineer; otherwise, the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. The Engineer will furnish the Contractor a weekly
statement showing the number of working days charged to the Contract for the preceding week, the number of working days of time extensions being considered or accepted, the number of working days originally specified for the completion of the Contract and the number of working days remaining to complete the Contract and the extended date for completion thereof, except when working days are not being charged in conformance with the provisions in Section 8-1.05, "Temporary Suspension of Work." 8-1.07 Liquidated Damages
It is agreed by the parties to the Contract that in case all the work called for under the Contract in all parts and requirements is not completed within the number of working days as set forth in the Contract Documents, damage will be sustained by the City of Vallejo, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City of Vallejo will sustain in the event of and by reason of the delay; and it is therefore agreed that the Contractor will pay to the City of Vallejo, the sum set forth in the Contract Documents per day for each and every calendar day's delay in completing the work in excess of the number of working days prescribed; and the Contractor agrees to pay the liquidated damages herein provided for, and further agrees that the City of Vallejo may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.
The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Contract Documents for the completion of the work caused by acts of God or of the public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the Contractor shall notify the Engineer in writing of the causes of delay within 3 days from the beginning of that delay.
The Engineer shall ascertain the facts and the extent of the delay, and the Engineer's findings thereon shall be final and conclusive.
No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that the Contractor has made every effort to obtain the materials from all known sources in a diligent and timely manner, and further proof in the form of supplementary progress schedules, as required in Section 8-1.04, "Progress Schedule," that the inability to obtain the materials when originally planned, did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials.
Except for the additional compensation provided for in Section 8-1.09, "Right of Way Delays," the Contractor shall have no claim for damage or compensation for any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this Section 8-1.08 Termination of Control
Whenever, in the opinion of the City of Vallejo, the Contractor has failed to supply an adequate force of labor, equipment, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence specified in the Contract; or if Contractor should refuse or fail to comply with laws, ordinances, or directions of the Engineer; or if Contractor should fail to make prompt payments to subcontractors or for labor or materials; or otherwise be in breach of this Contract; the City of Vallejo may give written notice of at least five (5) calendar days to the Contractor and Contractor's sureties that if the defaults are not remedied within a time specified in such notice, the Contractor's control over the work will be terminated.
If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of Contractor's creditors, or if a receiver should be appointed on account of Contractor's insolvency, the City of Vallejo may declare the Contractor's control over the work terminated, and so notify the Contractor and Contractor's sureties.
Upon such termination, the City of Vallejo may take possession, and use all or any part, of the Contractor's materials, tools, equipment, and appliances upon the premises to complete the work; the City of Vallejo assuming responsibility for the final relinquishment of such equipment at the conclusion of the work, or sooner, at its option, in as good condition as when it was taken over, reasonable wear and tear excepted; and the City of Vallejo agrees to pay for such materials and the use of said equipment at a reasonable compensation.
Upon such termination or the City of Vallejo's declaration that the Contractor is in default, the City of Vallejo may direct the surety to complete, or cause to be completed, the Contract work, or the City of Vallejo may direct that all or any part of the work be completed by day labor, or by employment of other contractors on informal contracts, or both. If the City of Vallejo directs the surety to complete or cause to be completed, the Contract work, Contractor's performance bond surety agrees to immediately undertake to complete or cause to be completed, all Contract work. If surety fails or refuses to immediately complete or cause to be completed, all Contract work, surety agrees that damage will be sustained by the City of Vallejo, and that it is and will be impracticable to determine the actual amount of damage by reason of such acts; and the Contractor and surety agree that in addition to any other damages City of Vallejo may sustain and may be recovered pursuant to these Contract Documents, including but not limited to, other liquidated damages for delay, or actual damages, the sum of FIVE HUNDRED DOLLARS
($500.00) is a reasonable amount to be charged as liquidated damages for each day surety fails or refuses to complete or cause to be completed, all Contract work, and it is therefore agreed that the Contractor and surety will pay to the City of Vallejo this sum, for each and every calendar day surety fails or refuses to complete or cause to be completed, the Contract work; and the Contractor and surety further agree that the City of Vallejo may deduct and retain the amount thereof from any monies due the Contractor under the Contract.
If the Contractor's control over the work is terminated as provided above, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City of Vallejo in finishing the work, plus all damages sustained, or to be sustained, by the City of Vallejo, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the work herein contemplated, the excess not otherwise required by these Contract Documents to be retained shall be paid the Contractor. If the sum so expended exceeds the unpaid balance, the Contractor and Contractor's surety are liable to the City of Vallejo for the amount of such excess. If the surety completes the Contract work as provided above, such surety shall be subrogated to money due under the Contract, and to money which shall become due in the course of completion by the surety. However, Contractor and surety agree that any subrogation rights of surety are subordinate to and inferior to rights of City of Vallejo.
The City of Vallejo reserves the right to terminate the work for its convenience upon written notice to Contractor. In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent (15%) of all such costs for overhead and profit.
8-1.09 (Intentionally Omitted)
8-1.11 Termination of Contract
The Contract may be terminated by the Director when termination is authorized by Section 7-1.125, "Legal Actions Against the City of Vallejo," Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," or by other provisions of the Contract which authorize termination. The City of Vallejo also reserves the right to terminate the Contract at any time upon a determination by the Director that termination of the Contract is in the best interest of the City of Vallejo.
If the Director elects to terminate the Contract, the termination of the Contract and the total compensation payable to the Contractor shall be governed by the following:
A. The Engineer will issue the Contractor a written notice signed by the Director, specifying that the Contract is to be terminated. Upon receipt of the written notice, the Contractor will be relieved of further responsibility for damage to the work
(excluding materials) as specified in Section 7-1.16, "Contractor's Responsibility for the Work and Materials," and, except as otherwise directed in writing by the Engineer, the Contractor shall:
1. Stop all work under the Contract except that specifically directed to be completed prior to acceptance.
2. Perform work the Engineer deems necessary to secure the project for termination.
3. Remove equipment and plant from the site of the work.
4. Take action that is necessary to protect materials from damage.
5. Notify all subcontractors and suppliers that the Contract is being terminated and that their Contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
6. Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request.
7. Dispose of materials not yet used in the work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City of Vallejo with good title to all materials purchased by the City of Vallejo hereunder, including materials for which partial payment has been made as provided in Section 9-1.06, "Partial Payments," and with bills of sale or other documents of title for those materials.
8. Subject to the prior written acceptance of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City of Vallejo all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
9. Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
10. Take other actions directed by the Engineer.
B. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be
responsible for damage to materials after issuance of the Notice of Termination, except as follows:
1. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 9-1.06, "Partial Payments," and for materials furnished by the City of Vallejo for use in the work and unused shall terminate when the Engineer certifies that those materials have been stored in the manner and at the locations the Engineer has directed.
2. The Contractor's responsibility for damage to materials purchased by the City of Vallejo subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of those materials has been taken by the City of Vallejo.
When the Engineer determines that the Contractor has completed the work under the Contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Engineer will recommend that the Director formally accept the Contract.
C. Termination of the Contract shall not relieve the Contractor or surety of their obligation for any claims arising out of the work performed.
D. The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
1. The reasonable cost to the Contractor, without profit, for all work performed under the Contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. Deductions will also be made, when the Contract is terminated under the authority of Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," for the cost of materials damaged by the "occurrence."
When, in the opinion of the Engineer, the cost of a Contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing that work in compliance with the requirements of the Contract Documents and the excessive actual cost shall be disallowed.
2. A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to
the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed 4 percent of the cost.
3. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City of Vallejo or otherwise disposed of as directed by the Engineer.
4. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Contractor's subcontractors, necessary to determine compensation in conformance with the provisions in this Section 8-1.11, shall be open to inspection or audit by representatives of the City of Vallejo at all times after issuance of the notice that the Contract is to be terminated and for a period of 3 years, thereafter, and those records shall be retained for that period.
After acceptance of the work by the Director, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in conformance with the provisions in Section 9-1.07B, "Final Payment," when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
SECTION 9: MEASUREMENT AND PAYMENT
9-1.01 Measurement of Quantities
All work to be paid for at a Contract price per unit of measurement will be measured by the Engineer in accordance with the International System of Units (SI) {United States Standard Measures. A ton shall consist of 2,000 pounds avoirdupois}.
Unless shipped by rail, material paid for by mass shall be weighed on scales furnished by and at the expense of the Contractor or on other sealed scales regularly inspected by the Division of Measurement Standards or its designated representative.
Weighing, measuring and metering devices used to measure the quantity of materials used in the work shall be suitable for the purpose intended and shall conform to the tolerances and Specifications as outlined in Title 4, Chapter 9 of the California Code of Regulations, the provisions of the California Business and Professions Code, Division 5, and these Specifications. Devices not Type-approved by the Division of Measurement Standards shall be Type-approved in conformance with the requirements in California Test 109.
Elements of the material plant controller which affect the accuracy or delivery of data shall be made available for the application of security seals. These devices will be inspected and adjusting elements sealed prior to the first production of materials for the Contract.
The security seals will be furnished by the Engineer. Material production shall cease when alteration, disconnection or otherwise manipulation of the security seals occur, and production shall not resume until the device is inspected and resealed by the Engineer.
Weighing, measuring or metering devices used to determine the quantity of materials to be paid for will be considered to be "commercial devices" and shall be sealed by the Division of Measurement Standards or its authorized representative as often as the Engineer may deem necessary. The installation of all portable vehicle scales must be accepted by the Engineer prior to sealing.
Vehicle scales shall be of sufficient size to permit the entire vehicle or combination of vehicles to rest on the scale deck while being weighed. Combination vehicles may be weighed as separate units provided they are disconnected while being weighed. The maximum concentrated load shall not exceed the manufacturer's designed sectional capacity of the scale.
Weighing, measuring or metering devices required by these Specifications for the purpose of proportioning a material or product will be considered to be "non-commercial devices" and shall be tested and accepted in conformance with the requirements in California Test 109. This testing shall be done by one of the following, in the presence of the Engineer, as often as the Engineer deems necessary:
A. A County Sealer of Weights and Measures;
B. A Scale Service Agency; or
C. A Division of Measurement Standards Official.
The Contractor shall notify the Engineer at least 24 hours in advance of testing the device.
Undersupports for scale bearing points shall be constructed of Portland cement concrete produced from commercial quality aggregates and cement, which contains not less than 275 kg of cement per cubic meter {463 pounds of cement per cubic yard}. Undersupports shall be constructed in a manner to prevent any shifting or tilting of the support and shall have a minimum height of 350 mm {14 inches} above ground line. The footings shall have a minimum depth of 150 mm {6 inches} below the ground line. The bearing surface of the footings shall have a minimum width of 760 mm {30 inches} and shall be of sufficient area so the pressure does not exceed 200 kPa {4,000 pounds per square foot}.
Adequate drainage shall be provided to prevent saturation of the ground under the scale.
Scale bulkheads shall be of adequate material and strength to resist displacement. If timber bulkheads are used, the minimum cross section shall be 200 mm x 200 mm {8 inches x 8 inches}. Wedges shall not be used to shim the supports. If shimming is necessary, the shimming shall be done by securely attached metal shims, or by grouting.
Shimming shall not exceed 75 mm {3 inches}. The approach ramps shall be level with the scale deck for a distance of not less than one-half the length of the scale deck. The mechanical indicating elements shall be installed level and plumb and shall be rigidly mounted upon a concrete foundation.
The lever system and mechanical indicating elements of hopper scales shall be rigidly attached to non-yielding supports in such a manner as to prevent any loss in weight due to bending and distortion of the supports.
When a multiple beam type scale is used in proportioning materials, an over and under indicator shall be provided which will give positive visible evidence of the amount of any over and under weight. The indicator shall be so designed that the indicator will operate during the addition of the last 90 kg {200 pounds} of any weighing. The over-travel of the indicator shall be at least one-third of the loading travel. Indicators shall be enclosed against moisture and dust.
Over and under dials, and other indicators for weighing and measuring systems used in proportioning materials shall be grouped so that the smallest increment for each indicator can be accurately read from the point at which the proportioning operation is controlled.
The Contractor shall bear the expense of all service fees for testing and approving of "non-commercial devices." The cost of the equipment, labor and materials furnished by the Contractor to assist in the testing of weighing, measuring or metering devices will be considered as included in the Contract prices paid for the various Contract items of work requiring the weighing, measuring or metering and no separate payment will be made therefor.
Whenever pay quantities of material are determined by weighing, the scales shall be operated by a weighmaster licensed in conformance with the requirements in the California Business and Professions Code, Division 5, Chapter 7. The Contractor shall
furnish a public weighmasters certificate or certified daily summary weigh sheets. A representative of the City of Vallejo may, at the discretion of the Engineer, be present to witness the weighing and to check and compile the daily record of the scale weights.
When required by the Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver that slip to the Engineer at the point of delivery of the material.
If material is shipped by rail, the car mass will be accepted provided that actual mass of material only will be paid for and not minimum car mass used for assessing freight tariff, and provided further that car mass will not be acceptable for material to be passed through mixing plants.
Vehicles used to haul material being paid for by mass shall be weighed empty daily and at additional times as the Engineer may direct. Each vehicle shall bear a plainly legible identification mark. Vehicles may from time to time be required by the Engineer to have the mass of the material to be paid for verified by weighing the empty and loaded vehicle on such other scales as the Engineer may designate.
Materials which are specified for measurement by volume, i.e. cubic yard, cubic foot, etc., shall be measured completed as-constructed. Whenever earthwork is to be measured by volume, it shall be measured “in-situ,” unless otherwise specified in the Contract documents. Materials "measured in the vehicle" shall be hauled in vehicles of such type and size that the actual contents may be readily and accurately determined. Unless all vehicles are of uniform capacity, each vehicle must bear a plainly legible identification mark indicating its water level capacity. Vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. Loads hauled in vehicles not meeting the above requirements or loads of a quantity less than the capacity of the vehicle, measured after being leveled off as above provided, will be subject to rejection, and no compensation will be allowed for that material.
When material is to be measured and paid for on a volume basis and it is impractical to determine the volume by the specified method of measurement, or when requested by the Contractor in writing and accepted by the Engineer in writing, the material will be weighed in accordance with the requirements specified for mass measurement and the mass will be converted to volume measurement for payment purposes. Factors for conversion from mass measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before that method of measurement of pay quantities will be adopted.
Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside of the lines indicated on the drawings or established by the Engineer; or material remaining on hand after completion of the work will not be paid for, and those quantities will be deducted from the final total quantities. No compensation will be allowed for hauling and disposing of
rejected material.
The mass of all aggregate or other roadway material which is to be paid for on a mass basis, except imported borrow, imported topsoil, straw, fiber, aggregate sub bases, aggregate bases or aggregate for cement treated bases, will be determined by deducting from the mass of material, the mass of water in the material at the time of weighing in excess of 3 percent of the dry mass of the material. When imported borrow, imported topsoil or aggregate subbase is being paid for on a mass basis, the mass to be paid for will be determined by deducting from the mass of the material, the mass of water in the material at the time of weighing in excess of 6 percent of the dry mass of the material.
When straw is being paid for on a mass basis, the mass to be paid for will be determined by deducting from the mass of straw, the mass of water in the straw at the time of weighing in excess of 15 percent of the dry mass of the straw. When fiber is being paid for on a mass basis, the mass of water in the fiber at the time of weighing shall not exceed 15 percent of the dry mass of the fiber. No deduction will be made for the mass of water in fiber. The percentage of water in the material shall be determined by California Test 226.
The mass of aggregate base and aggregate for cement treated bases which are to be paid for on a mass basis, will be determined as provided in Section 26, "Aggregate Bases," and Section 27, "Cement Treated Bases," respectively.
The mass of water deducted as provided in this Section 9-1.01 will not be paid for.
Full compensation for all expense involved in conforming to the requirements specified in this Section 9-1.01 shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional compensation will be allowed therefor. 9-1.015 Final Pay
Under no circumstances will Contractor be entitled to payment for any final pay quantity that is greater than the unit quantity price for the final pay quantity item set forth in the proposal form.
9-1.02 Scope of Payment
The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work required under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Director and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the work according to the Contract Documents.
No compensation will be made in any case for loss of anticipated profits. 9-1.03 Force Account Payment
When extra work is to be paid for on a force account basis, the labor, materials and equipment used in the performance of that work shall be subject to the review and acceptance of the Engineer and compensation will be determined as follows:
9-1.03A Work Performed by Contractor
The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereinafter provided in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental," except where agreement has been reached to pay in conformance with the provisions in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services." To the total of the direct costs computed as provided in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials and 15 percent to the equipment rental.
The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.
When extra work to be paid for on a force account basis is performed by a subcontractor, approved in conformance with the provisions in Section 8-1.01, "Subcontracting," an additional markup of 5 percent will be added to the total cost of that extra work including all markups specified in this Section 9-1.03A. The additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor. 9-1.03A(1) Labor
The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
9-1.03A(1a) Actual Wages
The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. 9-1.03A(1b) Labor Surcharge
To the actual wages, as defined in Section 9-1.03A(1a), will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. The labor surcharge shall constitute full compensation for all payments
imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section 9-1.03A(1a) and subsistence and travel allowance as specified in Section 9-1.03A(1C). 9-1.03A(1c) (Intentionally Omitted)
9-1.03A(2) Materials
The City of Vallejo reserves the right to furnish any materials it deems advisable, and the Contractor shall have no claims for costs and markup on those materials.
Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of those materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:
9-1.03A(2a)
If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City of Vallejo notwithstanding the fact that the discount may not have been taken.
9-1.03A(2b)
If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to the purchaser, the cost of those materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of the materials. 9-1.03A(2c)
If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of those materials shall not exceed the price paid by the purchaser for similar materials furnished from that source on Contract items or the current wholesale price for those materials delivered to the jobsite, whichever price is lower. 9-1.03A(2d)
If the cost of the materials is, in the opinion of the Engineer, excessive, then the cost of the material shall be deemed to be the lowest current wholesale price at which the materials were available in the quantities concerned delivered to the jobsite, less any discounts as provided in Section 9-1.03A(2a).
9-1.03A(2e)
If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 60 days after the date of delivery of the material or within 15 days after acceptance of the Contract, whichever occurs first, the City of Vallejo
reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9-1.03A(2a). 9-1.03A(3) Equipment Rental
The Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if they may exist, for the use of that equipment entered into by the Contractor, except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly or daily rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9-1.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.
Equipment owned by the Contractor and already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports. Equipment owned by the Contractor, required to perform force account work, and not already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports and the cost of mobilization to bring to the job site. The Engineer shall determine if equipment not on the job site is required to be mobilized to perform extra work.
If it is deemed necessary by the Engineer to use equipment not listed in the Labor Surcharge And Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor shall furnish all cost data which might assist the Engineer in the establishment of the rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.
The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.
Operators of rented equipment will be paid for as provided in Section 9-1.03A(1), "Labor." All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.
Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
Individual pieces of equipment or tools not listed in the Labor Surcharge and Equipment
Rental Rate publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.
Rental time will not be allowed while equipment is inoperative due to breakdowns. 9-1.03A(3a) Equipment on the Work
The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return the equipment to the original location or to another location requiring no more time than that required to return the equipment to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than the extra work.
The following shall be used in computing the rental time of equipment on the work:
A. When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.
B. When daily rates are listed, less than 4 hours of operation shall be considered to be 0.5-day of operation.
9-1.03A(3b) Equipment not on the Work
When extra work, other than work specifically designated as extra work in the drawings and specifications, is to be paid for on a Force Account basis and the Engineer determines that such extra work requires 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 Engineer 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 Engineer shall specifically approve the necessity for the use of particular equipment on such work.
B. The Contractor shall establish to the satisfaction of the Engineer 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 Engineer 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 Engineer shall approve the equipment source and the equipment rental rate
to be paid by the City of Vallejo before the Contractor begins work involving the use of said equipment.
For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, or determined as provided in Section 9-1.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
A. The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance.
B. The City of Vallejo will pay the costs of loading and unloading the equipment.
C. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.
D. The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each hour that the equipment is actually used at the site of the extra work, excluding Saturdays, Sundays and legal holidays unless the equipment is used to perform the extra work on those days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of the equipment. The rental time to be paid for equipment not on the work shall be the time the equipment is actually in operation on the extra work being performed and in accordance with the following:
The hours to be paid for equipment which is operated less than 8 hours due to breakdowns, shall not exceed 8 hours less the number of hours the equipment is inoperative due to breakdowns.
When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.
When daily rates are listed, less than 4 hours of operation shall be considered to be 4 hours of operation. No payment will be made if the equipment is not used. If the equipment is used more than 4 hours of operation, payment will be made for one day.
E. Should the Contractor desire the return of the equipment to a location other than its original location, the City of Vallejo will pay the cost of transportation in accordance with the above provisions, provided the payment shall not exceed the cost of moving the equipment to the work.
F. Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.
9-1.03A(3C) OWNER-OPERATED EQUIPMENT
When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:
A. Payment for the equipment will be made in conformance with the provisions in Section 9-1.03A(3), "Equipment Rental."
B. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workers operating similar equipment already on the project or, in the absence of other workers operating similar equipment, at the rates for that labor established by collective bargaining agreements for the type of workers and location of the work, whether or not the owner-operator is actually covered by an agreement. A labor surcharge will be added to the cost of labor described herein, in conformance with the provisions in Section 9-1.03A(lb), "Labor Surcharge."
C. To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 9-
1.03A, "Work Performed by Contractor."
9-1.03A(3d) Dump Truck Rental
Dump truck rental shall conform to the provisions in Sections 9-1.03A(3), "Equipment Rental," 9-1.03A(3a), "Equipment on the Work," and 9-1.03A(3b), "Equipment not on the Work," except as follows:
Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing Contract item work.
In the absence of Contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.
The provisions in Section 9-1.03A(1), "Labor," shall not apply to operators of rented dump trucks.
The rental rates listed for dump trucks in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.
To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. An additional markup of 5 percent will be added by reason of performance of the work by a subcontractor. No separate markup will be made for labor.
The provisions in Section 9-1.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals.
9-1.03B Work Performed by Special Forces or Other Special Services When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of the Contractor's subcontractors, that service or extra work item may be performed by a specialist.
9-1.03C RECORDS
The Contractor and all subcontractors shall maintain records in such a manner as to provide a clear distinction between the direct costs of extra work paid and the costs of other operations.
From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, either on forms furnished by the City of Vallejo or on computerized facsimiles of the City of Vallejo's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used, and shall state the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor or other forces, except for charges described in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names, identifications, and classifications of all workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated.
Material charges shall be substantiated by valid copies of vendor's invoices. The invoices shall be submitted with the daily extra work reports, or if not available, the invoices shall be submitted within 30 days after the submittal of the daily extra work report or 30 days after the date of delivery of the material, whichever occurs first. Contractor waives payment for material charges not substantiated by valid copies of vendor’s invoices submitted within the times provided.
Daily extra work reports shall be signed by the Contractor or the Contractor's authorized representative, and shall be submitted to the City on the day the work is performed, or within 24 hours if authorized by the Engineer. Daily extra work reports shall be signed by the designated representative of the City to acknowledge the labor hours, materials, and equipment used to perform the work. Signature by the City’s representative does not constitute approval for payment. All daily extra work reports are subject to review and approval by the Engineer for conformance to the Contract Documents prior to payment.
The City reserves the right to make adjustments to the amount to be paid for extra work based upon daily extra work reports at any time prior to project acceptance, even if payment has been made under a progress payment. Contractor waives payment for that portion of Force Account work in which a daily extra work report has not been signed by the City’s designated representative and/or submitted to the City within the time specified above.
The Engineer will compare the Engineer's records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, the reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City of Vallejo.
The Contractor's and all subcontractors’ records pertaining to the Project shall be open to inspection or audit by representatives of the City of Vallejo, during the life of the Contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor and all subcontractors shall retain those records for that period.
Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to ensure that the cost records of those other forces will be open to inspection and audit by representatives of the City of Vallejo on the same terms and conditions as the cost records of the Contractor.
If an audit is to be commenced more than 60 days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when the audit is to begin.
9-1.03D Payment
Payment as provided in Sections 9-1.03A, "Work Performed by Contractor," and 9-1.03B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. The payment will be made in conformance with the provisions in Section 9-1.06, "Partial Payments." The Engineer's receipt of a proposed progress schedule and monthly updated progress schedules, all in strict compliance with these Contract Documents shall be conditions precedent to the Engineers acceptance of the Contractor's periodic pay requests and/or the City of Vallejo's obligation to pay Contractor.
9-1.04 (Intentionally Omitted)
9-1.05 Stop Notices
The City of Vallejo, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. In cases where the contractor chooses to Bond around the Stop Notice, the Bond shall be of a form approved by the City.
9-1.06 Partial Payments
The City of Vallejo, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the
Contract, if the storage is within the City of Vallejo and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City of Vallejo, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.
The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on City of Vallejo-furnished forms properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.
Unless otherwise approved by the Engineer in writing, Contractor shall submit to Engineer on or before the tenth (10th) day of the month, an itemized application for payment for the cost of the work in permanent place, which has been completed in strict accordance with the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to Engineer, and shall contain itemized amounts in accordance with the Contract Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.
If requested by the City of Vallejo, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.
Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously issued and payment has been received from City of Vallejo, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the work.
Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City of Vallejo may withhold from payment, on account of any of the following:
Defective work not remedied;
Third-party claims against Contractor or City of Vallejo arising from the acts or
omissions of Contractor or subcontractors;
Stop notices;
Failure of Contractor to make timely payments due to subcontractors for material or labor;
A reasonable doubt that the work can be completed for the balance of the Contract price then unpaid;
Damage to the City of Vallejo or others for which Contractor is responsible; Reasonable evidence that the work cannot be completed within the Contract time, and the unpaid balance of the Contract price would not be adequate to complete the work and cover City of Vallejo's damages for the anticipated delay; Failure of Contractor to maintain, update, and submit record documents; Failure of Contractor to submit schedules or their updates as required by the Contract Documents;
Performance of the work by Contractor without properly processed shop drawings; Liquidated damages assessed;
Any other failure of Contractor to perform its obligations under the Contract Documents.
By resolution of the City of Vallejo’s City Council, a fund has been established, money appropriated in the current budget, and assigned to the account(s) which is/are the sole source(s) of funds available for payment of the Contract price. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment.
The availability of money in this fund, and City of Vallejo's ability to draw from this fund, are conditions precedent to City of Vallejo's obligation to make payments to Contractor.
Within thirty (30) days of receipt of an approved certificate for payment, properly executed by the Contractor, City of Vallejo’s Engineer and Director, City of Vallejo agrees to pay Contractor, subject to all of the terms and conditions of these Contract Documents, an amount equal to ninety five percent (95%) of the sum of the following (less any amounts withheld as permitted by the Contract Documents):
Cost of the work in permanent place as of the end of the preceding month as set forth and approved on the certificate for payment; and
Less amounts previously paid.
9-1.065 Payment of Withheld Funds
Upon the Contractor's request, the City of Vallejo will make payment of funds withheld from progress payments to ensure performance of the Contract if the Contractor deposits in escrow with the City of Vallejo, or with a bank acceptable to the City of Vallejo, securities equivalent to the amount withheld. The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.
Alternatively, upon the Contractor's request, the City of Vallejo will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities, and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor.
Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the City of Vallejo.
Alternatively, and subject to the acceptance by the City of Vallejo, the payment of retentions earned may be deposited directly with a person licensed under Division 6 (commencing with Section 17000) of the Financial Code as the escrow agent. Upon written request of an escrow agent that has not been approved by the City of Vallejo under subdivision (c) of Section 10263 of the Public Contract Code, the City of Vallejo will provide written notice to that escrow agent within 10 business days of receipt of the request indicating the reason or reasons for not approving that escrow agent. The payments will be deposited in a trust account with a Federally chartered bank or savings association within 24 hours of receipt by the escrow agent. The Contractor shall not place any retentions with the escrow agent in excess of the coverage provided to that escrow agent pursuant to subdivision (b) of Section 17314 of the Financial Code. In all respects not inconsistent with subdivision (c) of Section 10263 of the Public Contract Code, the remaining provisions of Section 10263 of the Public Contract Code shall apply to escrow agents acting pursuant to subdivision (c) of Section 10263 of the Public Contract Code.
Securities eligible for investment shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by the Contractor and the City of Vallejo.
The escrow agreement used pursuant to this Section 9-1.065 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herein by reference.
The Contractor shall obtain the written consent of the surety to the agreement. 9-1.07 Payment After Acceptance
After the work has been accepted in writing by the Director, as provided in Section 7-1.17, "Acceptance of Contract," payments will be made to the Contractor subject to the provisions in this Section 9-1.07.
9-1.07A Payment Prior to Proposed Final Estimate
After acceptance of the work by the Director, the Engineer will make an estimate of the total amount of work done under the Contract and the City of Vallejo will make a final monthly payment pending issuance of the proposed final estimate. The City of Vallejo will pay the balance thereon found to be due after deduction of all previous payments, all amounts to be kept or retained under the provisions of the Contract and those further amounts that the Engineer determines to be necessary pending issuance of the proposed final estimate and payment thereon.
9-1.07B Final Payment
After written acceptance of the Work as complete by the Director, or the Director’s designated representative, the Engineer will prepare and issue to the Contractor a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of the total amount, segregated as to Contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the Contract. All prior estimates and payments shall be subject to correction in the proposed final estimate.
The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the Contract so that the Engineer receives the written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of the written approval or statement of claims by the Engineer shall not be later than close of business of the next business day.
No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required unless the Contractor has strictly complied with the notice or protest requirements of the Contract Documents.
On the Contractor's approval, or if the Contractor files no claim within the specified period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor. The City of Vallejo will pay any remaining moneys unpaid and found to be due in the proposed final estimate 35 days after the recordation of the Notice of Completion in the records of the Solano County Recorder's Office as per Section 7-1.17, "Acceptance of Contract”. That final estimate and payment thereon shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
If the Contractor within the specified period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City of Vallejo will pay the sum so found to be due. The semifinal estimate and payment thereon shall be conclusive and binding against the Contractor on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder.
9-1.07C Claims
The Claims procedures set forth in this section 9-1.07C are in addition to any claims procedures or rights available to Contractor pursuant to California Public Contract Code section 20104-20104.6 or California Public Contract Code section 9204 and Contractor’s exhaustion of its administrative remedies pursuant to this section 9-1.07C is a condition precedent to Contractor pursuing any claim pursuant to California Public Contract Code section 20104-20104.6 or California Public Contract Code section 9204 A. General. A “Claim” means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents.
In order to qualify as a “Claim,” the written demand must state that it is a claim submitted under Section 9-1.07C of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements.
A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost.
Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor’s subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedure described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract.
If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer.
If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of the
information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall be result in Contractor waiving that Claim.
The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Contractor agrees that failure to permit access to those records waives Contractor’s Claims.
The City of Vallejo, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor and subcontractors' books, documents and accounting records, including but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City of Vallejo's cost.
The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City of Vallejo to determine its actual damages; therefore, Contractor agrees to pay City of Vallejo, as liquidated damages, the sum of Two hundred fifty dollars ($250.00), which Contractor agrees is reasonable under the circumstances, for each and every calendar day which Contractor or a subcontractor fails or refuses to provide the City of Vallejo, access to the documents, records and materials specified in this section.
B. Disputes
Contract Interpretation Disputes: Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City of Vallejo. The Contractor shall bear all costs incurred in the giving of such notice.
All issues regarding the interpretation of the drawings or specifications shall be referred to the City for interpretation. The City shall have the right but not the
obligation to affirm or disaffirm any interpretation of the drawings or specifications, which affirmance or disaffirmance shall be final. If the Contractor should disagree with the City’s decision, the Contractor’s sole and exclusive remedy is to file a Claim in accordance with these provisions.
Work Disputes: Should any dispute arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by the City of Vallejo and its decision shall be final and conclusive. If the Contractor disagrees with the City’s decision, the Contractor’s sole and exclusive remedy is to file a claim in accordance with these provisions.
C. Delays. As used herein, the following terms shall have the following meanings:
"Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time.
"Compensable Delay" means any delay of the completion of the work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City of Vallejo, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. "Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above.
An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price.
The Contractor may make a Claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following:
1. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last.
2. If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcusable Delay.
3. If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (a) exceeds the number of days of the Unexcusable Delay.
4. For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract Sum in an amount equal to: (1) the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative personnel necessary and directly employed at the Project site for the supervision of the work during the period of Compensable Delay; or (2) the Contractor’s Daily Delay Damages set forth in the Bid Form, whichever is less. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time.
The parties agree that the City of Vallejo's exercise of its right to order changes in the work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim for Compensable Delay. The rights of the Contractor to adjustments of the Contract time and the Contract sum, based on changes ordered in the work or suspension of the work, shall be governed by this provision.
Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, Contractor shall not cause any delay, cessation, or termination in or of Contractor's performance of the work, but shall diligently proceed with performance of the work in accordance with the Contract Documents.
Contractor agrees that the daily Contractor Daily Delay Damages as set forth in the Proposal Form shall be full compensation to Contractor, all subcontractors and anyone for whom they may be legally responsible, for each day of delay that may be caused by City of Vallejo or anyone for whom City of Vallejo is legally responsible, including but not limited to, extended field costs, extended home overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead, hindrance, disruption or any other damage arising from delay, no matter how characterized and regardless of the cause, extent or duration of the delay. Inclusion of Contractor Daily Delay Damages within the Proposal Form is solely for the purpose of determining the low Bidder and establishing the City of Vallejo’s maximum daily liability as a result of City of Vallejo
delays to Contractor, if any, and City of Vallejo has no obligation to pay any Contractor Daily Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City of Vallejo becomes liable to Contractor for compensable delays, City of Vallejo agrees to pay Contractor the Daily Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
D. Claim Procedures. Should any clarification, determination, action or inaction by the City, Work, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City on the form provided in the Contract Documents before commencing the Disputed Work, or within seven (7) calendar days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this time period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue.
The City will review the Contractor’s timely Notice of Potential Claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City’s decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor’s position within thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim. The Contractor’s failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim.
If Disputed Work persists longer than thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled “Claim Update” which shall update and quantify all elements of the Claim as completely as possible. The Contractor’s failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result waiver of that portion of the Claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates.
All Claims must be submitted to Engineer before the issuance of the final estimate.
Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate.
Upon receipt of the Contractor’s formal Claim including all arguments, justifications, costs or estimates, schedule analyses, and documentation supporting the Contractor’s position as previously stipulated, the City or its designate will review the Claim and render a final determination. If the Contractor’s Claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.
Claims shall be calculated in the same manner as extra work using the procedures set forth in Section 9-1.03 “Force Account Payment.” This method applies in all cases of Claims, regardless of type, whether in negotiation, arbitration, litigation, and even applies in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected to with the performance of Claims, of any nature, may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages.
Contractor shall be limited in its recovery on Claims to the calculations set forth in Section 9-1.03 of these provisions.
E. Claim Format. The Contractor shall submit the Claim justification in the following format:
1. Cover letter and certification of the accuracy of the contents of the Claim;
2. Summary of Claim including underlying facts, entitlement, quantum calculations and Contract Document provisions supporting relief;
3. List of documents relating to Claim including drawings, specifications, clarifications/requests for information, schedules and others;
4. Chronology of events and correspondence;
5. Analysis of Claim merit;
6. Analysis of Claim costs;
7. Attached supporting documents referenced in Item 3.) above.
F. Exclusive Remedy. The Contractors performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor’s sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents terms or other contractual or tort relief arising from the Contract Documents. This exclusive
remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City of Vallejo, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the Claim submission requirements. Compliance with the notice and Claim submission procedures described in these provisions is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City of Vallejo shall not have deemed to waive any provision under this Section, if at the City’s sole discretion, a Claim is accepted in a manner not in accord with this Section.
G. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. 9-1.075 FALSE CLAIMS
California Penal Code section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.
Government Code sections 12650, et seq., pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any officer or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code sections 12650, et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs.
All Claims by Contractor, shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:
I, __________________, BEING THE _________________ (MUST BE AN OFFICER) OF _____________________ (CONTRACTOR), DECLARE UNDER PENALTY OF
PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY REVIEWED
THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION
OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING TO
FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMISSION OR
CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.
Contractor agrees that submission of a Claim, in strict conformance with all of the requirements of this Contract, and rejection of all or part of said Claim by City of Vallejo, is a condition precedent to any action by Contractor against City of Vallejo, including but not limited to, the submission of a claim pursuant to Government Code section 900, et seq., and the filing of a lawsuit.
Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the claim.
Contractor agrees that any costs or expenses incurred by the City of Vallejo in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City of Vallejo within the meaning of the California False Claims Act.
Upon final determination of the claims, the Engineer will then make and issue the Engineer's final estimate in writing and within 30 days thereafter the City of Vallejo will pay the entire sum, if any, found due thereon. That final estimate shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
9-1.08 (Intentionally Omitted)
9-1.09 Clerical Errors
Notwithstanding the provisions in Section 9-1.07, "Payment After Acceptance," for a period of 3 years after acceptance of the work, all estimates and payments made pursuant to Section 9-1.07, including the final estimate and payment, shall be subject to correction and adjustment for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City of Vallejo agree to pay to the other any sum due under the provisions of this Section 9-1.09, provided, however, if the total sum to be paid is less than $200, no payment shall be made. 9-1.10 (Intentionally Omitted)
9-1.11 CONTRACTOR NOT AN AGENT OF THE CITY OF VALLEJO
The right of general supervision shall not make the Contractor an agent of the City of
Vallejo, and the liability of the Contractor for all damages to persons or to public or private property arising from the performance of the work shall not be lessened because of such general supervision.
9-1.12 THIRD-PARTY CLAIMS
The Contractor shall be responsible for all third-party claims, and for costs or injuries incurred by a third party which result from the operations of the Contractor, or its performance under the Contract.
9-1.13 GUARANTEE
Should any failure of the work occur within a period of one year after recordation of the notice of completion of the project or portions thereof, which can be attributed to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at Contractor’s expense.
The City of Vallejo is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) days after Contractor is given written notice of such failure and without notice to the surety provided, however, that in case of emergency where, in the opinion of the City of Vallejo, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected, without prior notice to the Contractor or surety, and the Contractor shall pay the entire costs thereof. 9-1.14 MISCELLANEOUS PROVISIONS
This Contract shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor, and to the successors in interest of City of Vallejo, in the same manner as if such parties had been expressly named herein.
This Contract shall be governed by the laws of the State of California.
If any one or more of the provisions contained in the Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
This Contract constitutes the full and complete understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may only be modified by a written instrument signed by both parties.
Contractor hereby assigns to City of Vallejo all its first-tier subcontracts now or hereafter entered into by Contractor for performance of any part of the work. The assignment will be effective upon acceptance by City of Vallejo in writing, and only as to those subcontracts which City of Vallejo designates in writing. Such assignment is part of the consideration to City of Vallejo for entering into the Contract with Contractor, and may not be withdrawn.
The provisions of the Contract Documents shall be included in all subcontracts. 9-1.15 PUBLIC CONTRACT CODE SECTION 20104, ET SEQ.
Public Contract Code section 20104, et seq., requires that the following language be set forth in the specifications:
§ 20104. Application of article; provisions included in plans and specifications (i) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(ii) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.
(iii) The provisions of this article or a summary thereof shall be set forth in the plans or specification for any work which may give rise to a claim under this article. (iv) This article applies only to contracts entered into on or after January 1, 1991. § 20104.2. Claims; requirements; tort claims excluded
For any claim subject to this article, the following requirements apply:
(v) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (vi) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim,
any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (vii) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(viii) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(ix) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (x) This article does not apply to tort claims and nothing in this article is intended nor
shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
§ 20104.4. Civil action procedures; mediation and arbitration; trial de novo; witnesses The following procedures are established for all civil actions filed to resolve claims subject to this article:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(ii) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(4) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
§ 20104.6. Payment on undisputed portion of claim; interest on arbitration awards or
judgments
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
9/1.16 Public Contract Code section 9204
Public Contract Code section 9204 requires that the following language be set forth in the specifications:
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes
of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the
claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor.
A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
Exhibit E
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 1/1/93, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within 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 Record
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. 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 ONE HUNDRED DOLLARS ($100.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated.
3. Equipment Rental Rates
Equipment rental will be paid for as provided under Section 9-1.03A of the State Standard Specifications 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 City Engineer's Office.
STATE OF CALIFORNIA - DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF APPRENTICESHIP STANDARDS
TO: California Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 603
San Francisco, CA 94101
FROM: City of Vallejo
Public Works Department
P.O. Box 3068
Vallejo, CA 94590
833690000
A contract to perform public works under Labor Code §1777.5 has been awarded to:
Name of General Contractor: Contractor's License Number:
City:Mailing Address:
Zip code: Telephone Number:
( )
Address or Location of Work Site (include City and/or County):
Contract or Project Number: Dollar Amount of Contract Award:
Starting Date (Estimated or Actual)
Month Day Year
/ /
Completion Date (Estimated or Actual)
Month Day Year
/ /
Number of Working Days:
Type of Construction (Highway, school, hospital, etc): G NEW CONSTRUCTION G ALTERATIONS Classification or Type of Workman (Carpenter, Plumber, etc.):
Is language included in the Contract Award to effectuate the provisions of Section 1777.5 as required by the Labor Code? G YES G NO Is Language included in the Contract Award to effectuate the provisions of Section 1776 as required by the Labor Code? G YES G NO Signature: Title: Date:
Printed or Typed Name: Telephone Number:
( )
Duplication of this form is permissible DAS 13 (RV. 7/85)
STATE OF CALIFORNIA
Gavin Newsom, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
Katie Hagen, Director
CALIFORNIA DIVISION OF APPRENTICESHIP STANDARDS
Eric Rood, Chief
P.O. Box 420603
San Francisco, CA 94142
Telephone (415) 703-4251
DISTRICT OFFICES ADDRESS TELEPHONE
Fresno 93721 2550 Mariposa Street, Room 3080 (209) 445-5431 Los Angeles 90012 107 South Broadway, Room 5034 (213) 897-1385 Oakland 94621 7700 Edgewater Drive, Suite 327 (510) 729-5170 Sacramento 95825 2424 Arden Way, Suite 160 (916) 920-6111 San Jose 95113 100 Paseo De San Antonio, Room 125 (408) 277-1273 Santa Ana 92701 28 Civic Center Plaza, Room 525 (714) 558-4126
Exhibit F
CONSENT CALENDAR 8.G.
DATE: May 27, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT AND DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025– 2026 WITHIN THE CIMARRON HILLS/MADIGAN, COLLEGE HILLS, COSTA DEL
RIO (SEAVIEW), SOMERSET HIGHLANDS I/II, HUNTER RANCH I/II, GLEN COVE I/II, MONICA PLACE, SOMERSET HIGHLANDS Ill, SPRINGTREE/FLEMING HILL, SUMMIT
II, TOWN AND COUNTRY I, WOODRIDGE, AND GREENMONT/SEAPORT
HILLS LANDSCAPE MAINTENANCE DISTRICTS AND SETTING A PUBLIC HEARING ON THE MATTER FOR JUNE 10, 2025 AT 7:00 P.M.
RECOMMENDATION
Adopt a resolution approving the Engineer's Report and declaring the intention to levy and collect assessments for Fiscal Year (FY) 2025-26 within existing landscape maintenance districts formed pursuant to the Improvement Act of 1911, and setting a public hearing on the matter for June 10, 2025 at 7:00pm.
REASONS FOR RECOMMENDATION
The City Council directed SCI Consulting Group, Inc. to prepare an Engineer's Report containing fiscal information for each LMD regulated by the Improvement Act of 1911. The City Council is required to hold a public hearing to receive public comments regarding FY 2025-2026 assessments within the following thirteen ad valorem Landscape Maintenance Districts formed pursuant to the Improvement Act of 1911: Cimarron Hills/Madigan; College Hills; Costa Del Rio (Seaview); Glen Cove I/II; Somerset Highlands I/II; Hunter Ranch I/II; Monica Place; Somerset Highlands III; Springtree/Fleming Hill; Summit II; Town & Country I; Woodridge; and Greenmont/Seaport Hills. The 1911 Act requires annual determination of each district's costs, and allocation of those costs by means of annual assessments to the parcels within each district.
BACKGROUND AND DISCUSSION
The City of Vallejo has 27 Landscape Maintenance Districts (LMDs), thirteen of which were established in accordance with the Landscape and Lighting Act of 1972 (1972 Act), and fourteen of which were established in accordance with the Improvement Act of 1911 (1911 Act). These districts require annual determination of each district’s costs, and allocation of these costs by means of annual assessment to the dwelling units within each district. The City Council will be considering the Ridgecrest Landscape Maintenance District and the 1972 Act districts under separate Council actions.
Previous City Council actions formed the 1911 Act LMDs and set a maximum annual assessment rate as determined by the City. The creation of these LMDs was approved by a majority of the parcel owners at the time of each LMD’s formation. The City has not exceeded the authorized maximum assessment rate for any LMD. The LMDs formed pursuant to the 1911 Act are exempt from the procedures and approval process of Proposition 218 until such time that it is necessary to exceed the authorized maximum approved rate.
The attached Engineer's Report, prepared by SCI Consulting Group, Inc., describes the proposed assessments, which are based on the estimated costs to maintain the improvements within each district. The Report also details each district’s landscape improvements, financial information, budget and boundaries.
Date: May 27, 2025
Subject: ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT AND DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025–2026 WITHIN THE CIMARRON HILLS/MADIGAN, COLLEGE HILLS, COSTA
DEL RIO (SEAVIEW), SOMERSET HIGHLANDS I/II, HUNTER RANCH I/II, GLEN COVE I/II, MONICA PLACE, SOMERSET HIGHLANDS Ill, SPRINGTREE/FLEMING
HILL, SUMMIT II, TOWN AND COUNTRY I, WOODRIDGE, AND
GREENMONT/SEAPORT HILLS LANDSCAPE MAINTENANCE DISTRICTS AND SETTING A PUBLIC HEARING ON THE MATTER FOR JUNE 10, 2025 AT 7:00 P.M.
Assessments for the 1911 Act LMDs are determined by applying the established assessment rate to each $100.00 in assessed value of each parcel.
The assessments are collected by the County of Solano and forwarded to the City for deposit into specific fund accounts for each LMD. All assessments are expended on landscape maintenance, repair of damage due to vandalism or natural occurrence, site rehabilitation or improvements, water and utilities, and City administration and inspection costs.
The approved FY 2024-25 and the proposed FY 2025-26 assessment rates are as follows:
DISTRICT MAX RATE / $100 APPROVED FY 2024-25
ASSESSMENT
PROPOSED FY 2025-26
ASSESSMENT
Cimarron Hills- Madigan $ 1.50 $ 0.162 $ 0.162
College Hills $ 1.50 $ 0.100 $ 0.100
Costa del Rio (Seaview) $ 4.00 $ 0.287 $ 0.287
Somerset I/II $ 1.25 $ 0.060 $ 0.060
Greenmont/Seaport Hills $ 1.25 $ 0.032 $ 0.032
Monica Place $ 1.25 $ 0.187 $ 0.187
Somerset III $ 1.50 $ 0.144 $ 0.144
Springtree-Fleming $ 1.50 $ 0.195 $ 0.195
Summit II $ 1.50 $ 0.095 $ 0.095
Town & Country I $ 1.50 $ 0.150 $ 0.150
Woodridge $ 1.50 $ 0.071 $ 0.071
Hunter Ranch I/II $ 1.50 $ 0.100 $ 0.100
Glen Cove I/II $ 1.50 $ 0.190 $ 0.190
The assessment rates for all of the LMDs are proposed to remain the same as for FY 2024-2025. The overall assessed value of a majority of the properties within the LMDs has increased by 4.74% since last year’s determination. The current assessed value of these properties is $1,343,987,425.
Rehabilitation projects will focus on areas such as:
• Improving landscape services
• Reducing water costs
• Street tree maintenance
• Additional rehabilitation of ornamental landscape and plant replacement • Reducing graffiti and other common area blight
• Extension of the grass cutting to provide a wider fire-defensive perimeter away from the residential structures
Date: May 27, 2025
Subject: ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT AND DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025–2026 WITHIN THE CIMARRON HILLS/MADIGAN, COLLEGE HILLS, COSTA
DEL RIO (SEAVIEW), SOMERSET HIGHLANDS I/II, HUNTER RANCH I/II, GLEN COVE I/II, MONICA PLACE, SOMERSET HIGHLANDS Ill, SPRINGTREE/FLEMING
HILL, SUMMIT II, TOWN AND COUNTRY I, WOODRIDGE, AND
GREENMONT/SEAPORT HILLS LANDSCAPE MAINTENANCE DISTRICTS AND SETTING A PUBLIC HEARING ON THE MATTER FOR JUNE 10, 2025 AT 7:00 P.M.
All the costs associated with the above LMDs are paid by the assessments levied upon the parcels within those districts. The amount of funds projected to be assessed for these 1911 Act Districts in FY 2025-2026 is $1,608,030.52.
The FY 2025-26 Engineer's Report for the 1911 Act LMDs is included as an attachment to this staff report and is also on file in the City Clerk’s Office (3rd floor) and in the Department of Public Works (4th Floor), City Hall, 555 Santa Clara Street, Vallejo, CA 94590.
FISCAL IMPACT
There is no fiscal impact from this action on the General Fund.
Landscape District budgets are separate from the City’s General Fund. Landscape Maintenance District assessments finance the maintenance of the districts. The Public Works Department costs for labor and materials associated with the Landscape Maintenance Districts are charged to the individual district budgets.
All City costs associated with maintaining and administering the Districts are covered by the annual assessments.
The financial health of the previously identified districts has been described in the Engineer's Report. The FY 2025-26 proposed assessments in the total amount of $1,608,030.52 are adequate to maintain the current minimal service levels and sustain the required operating reserves of the 1911 Act LMDs.
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. Reso - 1972 Glen Cove III LMDs FY25-26_CAO Stamp
2. Vallejo 1911 Act ER 25-26
CONTACT
Oscar Alcantar, Interim Public Works Director
[email protected]
RESOLUTION NO. 25-___ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE ENGINEER’S REPORT AND DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025-2026 WITHIN THE GLEN COVE Ill AND GLEN COVE Ill 2015 LANDSCAPE MAINTENANCE DISTRICTS AND SETTING A PUBLIC HEARING FOR JUNE 10, 2025 AT 7:00 P.M.
WHEREAS, the City Council, by previous Resolutions, formed and levied annual assessments for the Glen Cove III and Glen Cove III 2015 Landscape Maintenance Districts ("Districts" or “LMDs”), pursuant to the provisions of Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972, being Division 15, Part 2 of the California Streets and Highways Code (commencing with Section 22500 thereof) (the “1972 Act”); and WHEREAS, on April 8, 2025, the City Council, by resolution, ordered the preparation of an Engineer's Report for the Districts for fiscal year (FY) 2025-2026; and WHEREAS, the Engineer's Report was prepared by SCI Consulting Group, Inc. in accordance with Streets and Highways Code Section 22565 et. seq. and Article XIIID of the California Constitution.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF VALLEJO AS FOLLOWS:
Section 1. The Engineer’s Report regarding the annual levy for the Districts for Fiscal Year 2025-2026 is hereby preliminarily approved and is directed to be filed in the Office of the City Clerk. Reference is hereby made to the Report for a full and detailed description of the improvements, any substantial changes in existing improvements, the boundaries of the Districts, and the proposed assessments upon assessable lots and parcels of land within the Districts.
Section 2. It is the intention of this Council to levy and collect assessments within the Districts for FY 2025-2026, as authorized under the 1972 Act. It is proposed that Districts undertake the following improvements including but not limited to turf, ground cover, shrubs, trees, drainage systems, irrigation systems, hardscape, and associated appurtenances within the public parcels, easements, and rights-of-way.
Section 3. The Districts consist of the lots and parcels shown on the boundary maps of the Districts on file with the City, and reference is hereby made to such maps for further particulars.
Section 4. The Glen Cove III LMD assessments for FY 2025-2026 represent no change from the assessments applied in FY 2024-2025.
Section 5. The Maximum Assessment Rates for the Glen Cove III 2015 LMD are subject to an annual adjustment tied to the Consumer Price Index-U (CPI-U) for the San Francisco Bay Area as of December of each succeeding year. As the annual increase in the CPI from December 2023 to December 2024 is 2.37%, the maximum authorized assessment rate for fiscal year 2025-26 is 2.37% above that for fiscal year 2024-25.
Including the authorized annual adjustment, the maximum authorized assessment rates for fiscal year 2025-26 are $137.88 for properties in Zone A, $135.15 for properties in Zone B, and $129.60 for properties in Zone C. The Engineer’s Report proposes assessments for fiscal year 2025-2026 at the rate of $137.88 for properties in Zone A, $135.15 for properties in Zone B, and $129.60 for properties in Zone C, which are the maximum authorized assessment rates.
Section 6. That a duly noticed Public Hearing shall be held on June 10, 2025 at 7 p.m. in the City Council Chambers, located at 555 Santa Clara Street in Vallejo, California, to gather and consider public input and the ordering of the improvements and the levy of the proposed assessments.
Section 7. The City Clerk shall cause a notice of the hearing to be given by publishing a copy of this Resolution once, at least 10 days prior to the date of the hearing above specified, in a newspaper circulated in the City of Vallejo.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 27, 2025 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
ANDREA SORCE, MAYOR
ATTEST:
__________________________________
DAWN G. ABRAHAMSON, CITY CLERK
OVERVIEW REPORT
City of Vallejo
Landscape Maintenance Districts
Fiscal Year 2025-26
Pursuant to the Improvement Act of 1911
Page i
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Page ii
Table of Contents
Table of Contents ......................................................................................................... ii Introduction ................................................................................................................. 1 Overview.................................................................................................................................... 1 Assessment Process .................................................................................................................. 2 Overview Report ........................................................................................................................ 3 Legal Requirements ...................................................................................................... 4 Method of Apportionment ........................................................................................... 5 Method of Apportionment ........................................................................................................ 5 Discussion of Benefit ................................................................................................................. 5 General versus Special Benefit .................................................................................................. 6 Benefit Finding .......................................................................................................................... 7 Budget Definitions ..................................................................................................... 10 Description of the Districts and Budgets ..................................................................... 14 Cimarron Hills – Madigan Ranch ............................................................................................. 14 College Hills ............................................................................................................................. 17 Sea View (Costa Del Rio) .......................................................................................................... 20 Glen Cove I & II ........................................................................................................................ 23 Greenmont – Seaport Hills ...................................................................................................... 26 Hunter Ranch I/II ..................................................................................................................... 29 Monica Place ........................................................................................................................... 32 Ridgecrest ................................................................................................................................ 35 Somerset Highlands (I/II) ......................................................................................................... 38 Somerset Highlands III ............................................................................................................. 41 Springtree ................................................................................................................................ 44 Summit II ................................................................................................................................. 47 Town & Country ...................................................................................................................... 50 Woodridge ............................................................................................................................... 53
Page iii
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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Introduction
Overview
The City of Vallejo (the “City”) annually levies and collects special assessments in order to provide and maintain the improvements within the fo urteen (14) separate landscape maintenance districts (“District” or “Distric ts”). The Districts have been fo rmed between the years 1977 and 1981 pursuant to the Improvement Act of 1911, Part 3 of Division 7 of the California Streets and Highways Code (the “1911 Act”). The Districts are as follows:
Cimarron Hills/Madigan Ranch
College Hills
Seaview (Costa del Rio)
Glen Cove I/II
Greenmont-Seaport Hills
Hunter Ranch I/II
Monica Place
Ridegecrest
Somerset I/II
Somerset III
Springtree
Summit II
Town & Country I
Woodridge
This Overview Report (the “Report”) describes the Districts, any changes to the Districts, and the proposed assessments for Fiscal Year 2025-2026. The proposed assessments are based on the estimated cost to maintain the improvements within each District. The Report also details each District’s landscaped improvements, financial information, budget and boundaries.
The Report contains a section for recommenda tions and analysis based on the financial information presented for each District.
The various improvements provided and assessed wi thin each District may include local street lighting, local landscaping improvements and special services. All local landscaping improvements maintained by the Districts and associated with ea ch District were either installed as a condition of development for properties within the District or were installed for the benefit of the properties within the Districts. The landscaping improvemen ts associated with each District may include parkways, perimeters, entryways, medians, slopes , retention and detention basin areas, internal landscaped amenities, neighborhood parks, open space areas and other easements and public right-of-ways within the Districts.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
I m p r o v e m e n t s w i t h i n e a c h D i s t r i c t m a y a l s o include turf, ground cover, shrubs and trees, irrigation systems, lighting, water features, en try monuments, drainage systems and associated appurtenances. Special services provided in clude tree trimming, graffiti removal, weed abatement and landscape maintenance of flood control areas, operations, administration and all services and maintenance required to keep th e improvements in a healthy, vigorous, and satisfactory condition.
Similar to landscape improvements, street ligh ting improvements funded through District assessments were installed for th e benefit of properties within each of the Districts. The assessments in each District provide for the main tenance, operation and energy costs related to their specific street light improvements.
Assessment Process
This Report was prepared to establish the budge ts for the continued maintenance and services expenditures that would be funded by the proposed 2025-2026 assessments. This Report and the proposed assessments have been made pursuant to the provisions of the 1911 Act.
In each subsequent year for which the assessments will be continued, the City must determine the budgets and costs for the upcoming year and allocate these costs to parcels within each District. This Report includes this information. After the Report is completed, the Council may approve the proposed assessments and establish the date for a public hearing on the continuation of the assessments. If the Council approves the proposed assessments by resolution, a notice of public hearing must be published in a local paper.
Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the assessments.
This hearing is currently scheduled for June 10, 2025. At this hearing, the Council would consider approval of a resolution ordering the levy of assessments for fiscal year 2025-2026. If so confirmed and approved, the assessments would be submitted to the County Auditor/Controller for inclusion on the property tax rolls for Fiscal Year 2025-2026.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Overview Report
Beginning in 2011-12, SCI Consulting Group be came the Assessment Engineer for these Assessments. To maintain an accurate reference and legally defensible record of the Assessments, pertinent language used in the previous Overview Reports has been retained herein, and the fundamental methodology has been maintained, essentially verbatim. (In most cases, language taken from the prev ious Overview Report is shown in Times New Roman, 10 pt.
Font.)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Legal Requirements
All assessments described in this Report and approved by the City Council are prepared in accordance with the 1911 Act and are in compliance with the provi sions of the California Constitution Article XIIID (Proposition 218).
The 1911 Act provides that assessments be determined by applying the established assessment rate to each one hundred dollars of assessed value of each parcel.
On November 5, 1996, California voters approved Proposition 218, which subsequently became a California Constitutional Amendment (Articles XIIIC and XIIID). Proposition 218 established additional requirements with respect to taxes, fees and assessments levied by California agencies. All new and existing assessments (with some exceptions) are required to comply with the substantive and procedural requirements of Article XIIIC & XIIID.
Pursuant to the California Constitution Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that all improvements and the annual assessments originally established for the District were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to Article XIIID Section 5(b), all the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, the existing assessment amount (the maximum assessment ra te for each District identified in this Report) is exempt from the procedural requirements Article XIIID Section 4.
The current maximum assessment rates per each one hund red dollars of assessed value of each parcel were originally approved by the property owners. Accordingly, any assessment amount equal to or below the maximum amount is considered an exempt assessment pursuant to Article XIIID Section 5(b). The annual assessments for this fiscal year 2025-2026 are significantly less than the maximum assessment allowed. The proposed assessment for any fiscal year may be incr eased over the previous fiscal year provided the assessment rate does not exceed the maximum assessme nt rate for each District . Any proposed new or increased assessment that exceeds th e current maximum assessment shall comply with all provisions of Article XIIID Section 4 including a property owner protest proceeding (property owner assessment balloting).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Method of Apportionment
Method of Apportionment
Assessments for the 1911 Act landscape maintenance districts of the City of Vallejo are determined by applying the established assessment rate to each one hundred dollars ($100) of assessed value of each parcel.
The word “parcel” refers to an individual property assigned its own Assessor Parcel Number by the Solano County Assessor’s Office. The Solano County Auditor/Controller uses Assessor Parcel Numbers and specific Fund Numbers to identify assessed properties on the tax roll. The annual assessments outlined in this Report are proposed to cover the estimated costs to provide a ll necessary service, operation, administration, and maintenance required each year to keep these improv ements in a healthy, vigorous, and satisfactory condition.
Discussion of Benefit
In summary, the assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits.
Proposition 218, which added Article XIIID of the California Constitution, provides as follows:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." Benefit categories have been established that represent the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing lighting and landscaping improvements to be provided with the assessment proceeds.
These categories of special benefit are summarized as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within the Assessment Districts.
B. Access to Improved landscaped areas and Other Public Improvements within the Assessment Districts.
C. Improved Views within the Assessment Districts.
D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.
E. Creation of individual lots for resident ial and commercial use that, in absence of the assessments, would not have been created.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Case law interpreting Proposition 218 provides en hanced clarity to the definitions of special benefits to properties in three distinct areas:
Proximity
Expanded or improved access
Views
This case law also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The case law also provides specific guidance that park improvements are a direct advan tage and special benefit to property that is proximate to a park that is improved by an assessment:
the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proxim ity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in additi on to the other special benefits listed above further strengthen the basis of these assessments.
General versus Special Benefit
In absence of the assessments, the Improvements in the Districts would not be provided, so the Improvements are “over and above” what otherwise would be provided. Many of the parcels would not even exist if the assessments were not established because an assessment for the specific Improvements within the Districts was a condition of development approval.
All of the Assessment proceeds derived from the Districts will be utilized to fund the cost of providing a level of tangible “special benefits” in the form of landscaped parkways, landscaped medians, landscaped corridors, open space areas and other Improvements and costs incidental to providing the Improvements and collecting the Assessments.
Although these Improvements may be available to the general public at large, the permanent public Improvements in the Districts were specifically designed, located and created to provide additional and improved public resources for the direct advantage of property inside the Districts, and not the public at large. Other properties that are either outside the Districts or within the Districts and not assessed, do not enjoy the unique proximity, access, views and other special benefit factors described previously. Moreover, the homes in the Districts would not have been built if the Assessments were not established because an assessment for the Improvements was a condition of development approval.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Benefit Finding
In summary, real property located within the bou ndaries of the Districts distinctly and directly benefits from closer proximity, access and views of Improvements funded by the Assessments, the creation of developable parcels and from the extension of usable land area provided by the assessments. The Improvements are specifically designed to serve properties in the Districts, not other properties or the public at large. The Di stricts have been narrowly drawn to include those parcels that receive a direct advantage from th e Improvements. The public at large and other properties outside the Districts receive only limited benefits from the Improvements because they do not have proximity, good access or views of the Improvements. These are special benefits to property in the Districts in much the same wa y that sewer and water facilities, sidewalks and paved streets enhance the utility and desirability of property and make them more functional to use, safer and easier to access.
Without the Assessments, the public improvements within the Districts would not be maintained and would turn into brown, unmaintained and un usable public improvements and public lands.
If this happened, it would create a significant and material negative impact on the desirability, utility and value of property in the Districts. Most importantly, without the Assessments, the developed properties would not exist, becaus e the subdivisions and development proposals would not have been approved. The Improvements are, therefore, clearly above what otherwise would be provided and the Improvements uniquely and specially benefit parcels in the Districts in a way that is not enjoyed by the general public or other property. We therefore conclude that all the Improvements funded by the Assessment are of special benefit to the identified benefiting properties located within the Districts and that the value of the special benefits from such Improvements to property in the Districts reas onably exceeds the cost of the Assessments for every assessed parcel in the Dist ricts. (In other words, as required by Proposition 218; the reasonable cost of the proportional special bene fit conferred on each parcel reasonably exceeds the cost of the assessments.) Any general bene fits to surrounding properties outside of the Districts, if there were any, are collateral and conferred concomitantly.
The original determination of benefits to property and the method of special benefit apportionment to property were developed by Willdan Financial Services when the Districts were originally approved by property owners as noted in the Description of Districts section of this Report. The description of benefits and the de termination and apportionment of benefits to property in this Report are consistent with the original benefit determination and apportionment.
The original method of apportionment of assessment and other relevant elements of the original Reports for the Districts are hereby incorporated by reference.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Quantification of General Benefit
Although the analysis used to support these asse ssments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments - the funding must come from other sources.
The maintenance and servicing of these improvements is also partially funded, directly and indirectly from other sources including the Ci ty of Vallejo, Solano County and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters and streets, etc.) This funding from other sources more than compensates for general benefits, if any, received by the properties within the assessments district.
The General Benefits from these Assessments may be quantified as illustrated in the following table.
Benefit Factor
Relative
Weight
General Benefit
Contribution
Relative General
Benefit
Creati on of parcel s 90 0% 0
Proximity and access to open space and landscape areas 5 10% 0.5 Improved vi ews 5 10% 0.5
100 1
Total Calculate d Ge ne ral Be ne fit = 1.0%
As a result, City of Vallejo will contribute at least 1% of the total budget from sources other than the assessment. This contribution offsets any general benefits from the assessment services.
This general benefit contribution is the sum of the following components:
The City of Vallejo owns, maintains, rehabilitates and replaces curb and gutter along the border of the Districts improvements. Th is curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the improvements. The contribution from the City of Vallejo towards general benefit from the maintenance, rehabilitation and replacement of the curb and gutter is conservatively estimated to be 1%.
The City of Vallejo owns and maintains local publ ic streets along the border of the Districts improvements. These public streets provide access to the improvements for its enjoyment as well as efficient maintenance. The contribution from the City of Vallejo towards general benefit from the maintenance of local public streets is conservatively estimated to be 1%.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefi t costs, and is conservatively estimated to contribute 25%.
Therefore, the total General Benefit is conservatively quantified at 1.0% which is more than offset by the total non-assessment contribution towards general benefit of 27%.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Budget Definitions
The following provides a summary of the services and costs that are incl uded in the District Budgets:
Direct Costs:
Contract Maintenance Costs — Includes all contra cted labor, material and equipment required to properly maintain the landscaping, irrigation sy stems, drainage systems, fencing, and entry monuments within the District. All improvements within the District are maintained and serviced on a regular basis.
Salaries & Benefits — Staff time devoted to mana ging and inspecting Districts. The Public Works LMD reimbursement is proportionally spread amongst twenty-seven (27) Districts based on each District’s budgeted direct and maintenance expense, inspections as a percentage of total costs in these categories for all Districts. Inspection costs are budgeted directly to the District as Field Inspection based on the historical and projected time spent in the inspection efforts.
Services & Supplies - Vehicles, supplies and services devoted to managing and inspecting Districts.
Landscape Water — Utility costs for water required to irrigate landscaped areas.
Utilities — Includes the cost of the furnishing of electricity required for the irrigation systems and hardwire telephone connections at upgraded irrigation controllers, monitored by City Staff.
Landscape Rehabilitation & Vandalism — Landscap e projects, which significantly benefit and upgrade a specific Landscape Maintenance District . These costs reflect only a proportional share of the entire cost of the project and are noted because the amount of design, planning, coordination and execution. This budget item represents a cost to the individual Landscape Maintenance District, which is representative and has been identified by the city as above normal routine landscape maintenance inspection.
Vandalism includes repairs and rehabilitation th at are generally unforeseen and not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism, storms, frost, etc. These upgrades could include replacing plant materials and/or renovation of irrigation or lighting systems.
Capital Projects – This item includes major repairs or capital improvement projects.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Administration Costs:
Administration & Overhead — The cost allocation of all particular departments and staff of the City, for providing general support, services and operations related to the various districts, enterprises and accounts of the City.
County Administration Fee — This is the estimated cost to the District for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number plus a charge per assessment levied.
Professional Services — This is the estimated cost to the District for th e Assessment Engineer to prepare this report and to calculate and submit the assessments to the Solano County Auditor’s office.
Levy Breakdown:
Operating Reserve Collection/(Transfer) — This budg et item is provided to illustrate collection by the District of funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through January or when the County provides the City with the first installment of assessments collected from the property tax b ills. Transfer amounts (Negative amounts) shown for this budget item represent transfers from th e reserve fund that reduces the Balance to Levy.
Maintaining an adequately funded reserve fund eliminates the need for the City to transfer funds from non-District accounts to pay for operational ex penses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Rehabilitation Fund Collection/(Transfer) — This bu dget item is provided to illustrate collection by the District of funds to cover costs of repairs, landscape maintenance that may be unforeseen and are not normally included in the yearly main tenance contract costs or for planned capital improvement projects. These amounts are held in or paid from the refurbishment/rehabilitation fund. Negative amounts shown for this budget item are transfers from the refurbishment/rehabilitation fund to be used to reduce the Balance to Levy. Transfer amounts (Negative amounts) will only occur after the pla nned projects have been completed and excess funds are being credited back to the District’s regular accounts. The refurbishment/rehabilitation fund eliminates the need for the City to tr ansfer funds from non-District accounts. The Rehabilitation fund can be utilized to cover operating costs should the revenue and reserve fund be insufficient.
Other Revenue Source — This item includes additional funds designated for the District that are not annual assessments. These funds are applied to reduce assessments, and may be from non- District or District sources including City General Fund Contributions and/or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Balance to Levy — This is the total amount to be collected for the current fiscal year through assessments. The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve collections or transfers, Rehabilitation co llections or transfers, contributions from other sources and contribution repayments. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll.
Districts Statistics:
Total Parcels Levied — The total number of pa rcels levied within the District boundary.
Anticipated Total Assessed Values/$100 — The sum of all the assessed values of all parcels within the District as established by the Solano County Assessor’s Office divided by $100.
Rate per $100 of AV — The established assessment rate to each one hundr ed dollars ($100) of assessed value of each parcel.
Minimum Cost Recovery Rate per $100 of AV— Th e estimated assessment rate to each one hundred dollars ($100) of assessed value of each parcel to recover sufficient revenue for the District Direct, Administration and Rehabilitation costs.
Fund Balance Information:
Beginning Operating Reserve Fund Balance — The projected reserve fund balance as provided by the City of Vallejo.
Operating Reserve Fund Adjustments — Positive amounts shown for this budget item represent additions to the reserve fund from levy revenue exceeding the total of all Direct, District Administration and Rehabilitation Costs. Surplus levy revenue is allocated to the reserve fund until the balance is equivalent to six months of levy revenue. The reserve fund negative amounts shown for this budget item represent transfers from the reserve fund to be used to reduce the Balance to Levy as a result of total Di rect and District Administration Co sts exceeding total levy revenue.
Additionally, negative amounts shown for this budget item may represent a reduction of the reserve fund balance in excess of six months of levy revenue; excess balances may be used to increase the refurbishment/rehabilitation fund.
Anticipated Operating Reserve Balance — The projected ending balance in the reserve fund as based on activity provided by the City of Vallejo. A negative Operating Reserve Fund balance represents cumulative contributions from the General Fund.
Beginning Rehabilitation Reserve Fund Balance — The projected rehabilitation fund balance as provided by the City of Vallejo.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Rehabilitation Reserve Fund Adjustments — Positive amounts shown for this budget item represents additions to the rehabilitation fund from levy revenue. The rehabilitation fund negative amounts shown for this budget item represent transfers from the rehabilitation fund to be used to reduce the Balance to Levy as a result of excess funds on project completion.
Anticipated Rehabilitation Reserve Balance — The projected ending balance in the rehabilitation fund as based on activity provided by the City of Vallejo. A negative Rehabilitation Reserve Fund balance represents cumulative contributions from the General Fund.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Description of the Districts and Budgets
Cimarron Hills – Madigan Ranch
The Cimarron Hills – Madigan Ranch Landscape Maintenance District serves a residential neighborhood of ten developments located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1979.
The District has 12 acres of native and ornamental ground cover, shrubbery and trees. The District has 13 acres of weed control and plantings. Weed control in open space areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $0.162, Maximum Rate:
$1.50.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Fairgrounds Drive, Napa County line, Borges Lane , and Griffin Drive including open space below Highway 80.
Improvements
The District maintains landscaping and weed control on the following areas:
Along Fairgrounds Drive near the intersection of Taper to the Napa County Line. Borges Lane to Griffin Drive.
Open space below Highway 80 including the water tank site.
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $52,356
Salaries & Benefits $39,219
Services & Supplies $4,487
Landscape Water $15,000
Utilities $1,680
Landscape Rehabilitation / Vandalism $20,000
Capital Projects $0
Total Direct Costs $132,742
Administration Costs
Administration & Overhead $18,131
County Administration Fees $0
Professional Fees $2,244
Total Administration Costs $20,375
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $153,117
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $287,667
Contribution (from) General Fund / Other Revenue ($27,689) Balance to Levy $413,095
District Statistics
Total Parcels 811
Total Parcels Levied 811
Anticipated Total Assessed Value / $100 $2,549,970.30
Proposed Rate per $100 of Assessed Value $0.162
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $413,095.19
Fund Balance Information
Beginning Operating Reserve Fund Balance $76,558.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $76,558.50
Beginning Rehabilitation Reserve Fund Balance $2,692,357.50 Rehabilitation Reserve Fund Adjustments $287,667.00
Anticipated Rehabilitation Reserve Fund Balance $2, 980,024.50 Anticipated Total Ending Fund Balance $3,056,583.00
Estimate of Cost
City of V allejo
Cimarron Hills / Madigan Ranch Landscape Maintenance District Fund Number 0189 (#171)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment rate if direct costs are anticipated to remain at the current level.
College Hills
The College Hills Landscape Maintenance District (District) is a residential neighborhood consisting of two developments located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1977.
The District has 2 acres of ornamental and native ground cover, shrubbery, and trees. The District has 0.5 acre of weed control and plantings. Weed control in open space areas assists in fire protection. Concrete walkway and sound wall.
Ad Valorem rate per $100 of assessed valuation: Current Rate: $0.100, Maximum Rate:
$1.50.
Boundaries
The District lies within the city of Vallejo, generally located within the area bounded by Fairgrounds Drive, Whitney Avenue, and Olympic Drive.
Improvements
The District maintains landscaping and weed control in the following areas:
Slope along the west side of Fairgrounds Drive, including the concrete walkway and sound wall.
North side of Whitney Avenue, between Fairgrounds Drive and Pembroke Drive. Easement behind Chapman and above Frodham Circle up to the access walkway.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $12,672
Salaries & Benefits $10,017
Services & Supplies $1,146
Landscape Water $2,500
Utilities $568
Landscape Rehabilitation / Vandalism $7,000
Capital Projects $0
Total Direct Costs $33,903
Administration Costs
Administration & Overhead $4,631
County Administration Fees $0
Professional Fees $300
Total Administration Costs $4,931
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $38,834
Contribut ion to / (f rom) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $20,901
Contribution (from) General Fund / Other Revenue ($4,057) Balance to Levy $55,678
District Statistics
Total Parcels 213
Total Parcels Levied 213
Anticipated Total Assessed Value / $100 $556,781.42
Proposed Rate per $100 of Assessed Value $0.100
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $55,678.14
Fund Balance Information
Beginning Operating Reserve Fund Balance $19,417.00
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $19,417.00
Beginning Rehabilitation Reserve Fund Balance $386,263.00 Rehabilitation Reserve Fund Adjustments $20,901.00
Anticipated Rehabilitation Reserve Fund Balance $407,164.00 Anticipated Total Ending Fund Balance $426,581.00
Estimate of Cost
City of V allejo
College Hills Landscape Maintenance District
Fund Number 0119 (#175)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded. The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment rate if direct costs are anticipated to remain at the current level.
Sea View (Costa Del Rio)
The District lies within the City of Vallejo, generally located within the area bounded by Seaport Drive, Seawind Drive, Moonraker Drive, Sea Crest, and Schooner Way.
Special District Features
The District was formed in 1980.
The District has 5 acres of native and ornamental ground cover, shrubbery and trees.
The District has 1.5 acre of weed control and plantings.
Weed control in open space areas assists in fire protection.
Ad Valorem rate per $100 of assessed valuation: Current Rate: $0.287, Maximum Rate:
$4.00.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Seaport Drive, Seawind Drive, Moonraker Drive, Sea Crest, and Schooner Way.
Improvements
The District maintains landscaping and weed control in the following areas:
Landscaping and irrigation along Seaport Drive, Seawind Drive, Moonraker Drive, the upper most north facing slope of Sea Crest and Schooner Way. Open space weed control at the point on Seawind Drive. Street lights
Sidewalks including curbs, gutters and striping
Retaining walls
Street signs
Street maintenance
There are currently several rehabilitation projects in the District needed i.e. street paving, curb, gutter and sidewalk replacements, irrigation upgrades and vegetation replacement.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Financial Information
The Direct Costs of the District have not significantly changed from fiscal year 2024-2025 to fiscal year 2025-2026. As noted above there are severa l rehabilitation projec ts pending that the rehabilitation reserve fund is currently not adequate to fund. The assessment was increased fiscal year 2017-2018 in order to accumulate enough fund s to complete these projects in the future.
The proposed assessment is below the maximum ra te and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $19,920
Salaries & Benefits $24,130
Services & Supplies $2,761
Landscape Water $15,000
Utilities $360
Landscape Rehabilitation / Vandalism / Street Sweeping $19,500 Capital Projects $0
Total Direct Costs $81,671
Administration Costs
Administration & Overhead $11,155
County Administration Fees $0
Professional Fees $778
Total Administration Costs $11,933
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $93,604
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $56,726
Contribution (from) General Fund / Other Revenue ($7,559) Balance to Levy $142,771
District Statistics
Total Parcels 125
Total Parcels Levied 125
Anticipated Total Assessed Value / $100 $497,457.37
Proposed Rate per $100 of Assessed Value $0.287
Maximum Rate per $100 of Assessed Value $4.00
Total Assessment Levy $142,770.27
Fund Balance Information
Beginning Operating Reserve Fund Balance $46,802.00
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $46,802.00
Beginning Rehabilitation Reserve Fund Balance $709,136.00 Rehabilitation Reserve Fund Adjustments $56,726.00
Anticipated Rehabilitation Reserve Fund Balance $765,862.00 Anticipated Total Ending Fund Balance $812,664.00
Estimate of Cost
City of V allejo
Seaview (Costa Del Rio) Landscape Maintenance District
Fund Number 0121 (#166)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is not adequately funded due to pending rehabilitation projects in the District.
The following are recommendations to the City:
Ensure the District Reserve Fund adequately funded.
Increase the assessment in the future in order to provide adequate funding of capital improvement and rehabilitation projects.
Glen Cove I & II
The Glen Cove One and Two Landscape Maintenance District (District) serves a residential neighborhood located in southeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1978 with three annexations occurring in 1979 and 1980. The District has 3 acre of ornamental and native landscaping which includes ground cover, shrubbery and trees.
The District has 7 acres of weed control and plantings. Weed control in open space areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $0.19, Maximum Rate:
$1.50.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Honeydew Drive, Highway 780, Peppercorn & Wildberry Court, Wildflower Drive, Shady Lane and Silktree Lane.
Improvements
The District maintains landscaping and weed control in the following areas:
South side of the street just across from the entrance to the shopping center and east to the rear fence line of lot 60 on Honeydew Drive.
Stonewood Court cul-de-sac along the east side of the Highway 780 fence line and along the rear yard fences of Peppercorn and Wildberry Court. East and west sides of Shady Lane to Wildflower Drive including the v-ditches and fence line of Highway 780.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Downhill slope side of Wildflower Drive including the v-ditches and the out fall structures as well as the siltation basin on Wildflower Drive. The east and west sides of Silktree up to the fence lines on each side. The median island on Bluebell Place and the landscaped slopes of Wildflower, Ironwood, Buckeye, Applenut, and Dogwood Lane.
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $33,720
Salaries & Benefits $31,443
Services & Supplies $3,597
Landscape Water $10,861
Utilities $1,800
Landscape Rehabilitation / Vandalism $25,000
Capital Projects $0
Total Direct Costs $106,421
Administration Costs
Administration & Overhead $14,536
County Administration Fees $0
Professional Fees $1,068
Total Administration Costs $15,604
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $122,025
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $88,538
Contribution (from) General Fund / Other Revenue ($16,128) Balance to Levy $194,435
District Statistics
Total Parcels 239
Total Parcels Levied 239
Anticipated Total Assessed Value / $100 $1,023,341.97
Proposed Rate per $100 of Assessed Value $0.190
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $194,434.97
Fund Balance Information
Beginning Operating Reserve Fund Balance $61,012.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $61,012.50
Beginning Rehabilitation Reserve Fund Balance $1,551,801.50 Rehabilitation Reserve Fund Adjustments $88,538.00
Anticipated Rehabilitation Reserve F und Balance $1,640,339.50 Anticipated Total Ending Fund Balance $1,701,352.00
Estimate of Cost
City of Vallejo
Glen Cove I & II Landscape Maintenance District
Fund Number 0191 (#182)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund continues to be adequately funded. Decrease the assessment rate if direct costs are anticipated to remain at the current level in order to decrease the contribution to the Reserve Fund.
Greenmont – Se aport Hills
The Greenmont – Seaport Hills Landscape Maintenance District (District) serves a residential area of 4 developments located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1978 with one annexation in 1979.
The District has 10 acres of ornamental and native landscaping which includes wild flowers and native grasses acting as ground cover, shrubbery and trees.
The entire District is treated as a weed control Di strict for purposes of fire protection when fire season is declared each year in May.
Ad Valorem rate per $100 of assessed valuation: Current Rate: $.032, Maximum Rate: $1.25.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Columbus Parkway, Greenmont Drive, and Devlin Drive.
Improvements
The District maintains landscaping and weed control in the following areas:
Slopes surrounding the residential neighborhood primarily overlooking Columbus Parkway and Greenmont Drive as well as Devlin Drive.
Financial Information
The Direct Costs of the District have not significantly changed from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $17,400
Salaries & Benefits $14,272
Services & Supplies $1,633
Landscape Water $0
Utilities $0
Landscape Rehabilitation / Vandalism $15,000
Capital Projects $0
Total Direct Costs $48,305
Administration Costs
Administration & Overhead $6,598
County Administration Fees $0
Professional Fees $251
Total Administration Costs $6,849
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $55,154
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund ($5,831)
Contribution (from) General Fund / Other Revenue ($2,473) Balance to Levy $46,850
District Statistics
Total Parcels 407
Total Parcels Levied 407
Anticipated Total Assessed Value / $100 $1,464,077.88
Proposed Rate per $100 of Assessed Value $0.032
Maximum Rate per $100 of Assessed Value $1.25
Total Assessment Levy $46,850.49
Fund Balance Information
Beginning Operating Reserve Fund Balance $27,577.00
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $27,577.00
Beginning Rehabilitation Reserve Fund Balance $219,707.00 Rehabilitation Reserve Fund Adjustments ($5,831.00)
Anticipated Rehabilitation Reserve Fund Balance $213,876.00 Anticipated Total Ending Fund Balance $241,453.00
Estimate of Cost
City of Vallejo
Greenmont Seaport Hills Landscape Maintenance District
Fund Number 0187 (#168)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment rate if direct costs are anticipated to remain at the current level.
Hunter Ranch I/II
The Hunter Ranch I/II Landscape Maintenance Dist rict serves a residential neighborhood of two developments located in northeast Vallejo. The District is fully developed.
Special District Features
The District was initially formed in 1981.
The District has 2 acres of native and ornamental ground cover, shrubbery and trees. The District has 6 acres of plantings and weed control. Weed control in open areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $.100, Maximum Rate: $1.50.
Boundaries
The District lies within the City of Vallejo, generally located within the areas bounded by Foothill Drive, Sterling Drive, Redwood Parkway, and Doncaster.
Improvements
The District maintains landscaping and weed control in the following areas:
South side of Sterling from the sound wall at Ascot Drive to the curve at Legend Drive. North and south sides of each crossing at Clydesdale, Pacer, and Dapples Drives including the open spaces between each street crossing to Redwood Parkway behind the fence line.
Landscaping strip on the east and west side of the intersection of Doncaster and Redwood Parkway.
Planned capital improvement projects include remove and replace landscape and irrigation to keep up with current standards.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $6,504
Salaries & Benefits $13,943
Services & Supplies $1,595
Landscape Water $15,000
Utilities $150
Landscape Rehabilitation / Vandalism $10,000
Capital Projects $0
Total Direct Costs $47,192
Administration Costs
Administration & Overhead $6,446
County Administration Fees $0
Professional Fees $667
Total Administration Costs $7,113
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $54,305
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $77,227
Contribution (from) General Fund / Other Revenue ($10,520) Balance to Levy $121,012
District Statistics
Total Parcels 377
Total Parcels Levied 377
Anticipated Total Assessed Value / $100 $1,210,118.48
Proposed Rate per $100 of Assessed Value $0.100
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $121,011.85
Fund Balance Information
Beginning Operating Reserve Fund Balance $27,152.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $27,152.50
Beginning Rehabilitation Reserve Fund Balance $1,024,849.50 Rehabilitation Reserve Fund Adjustments $77,227.00
Anticipated Rehabilitation Reserve Fund Balance $1,102,076.50 Anticipated Total Ending Fund Balance $1,129,229.00
Estimate of Cost
City of V allejo
Hunter Ranch I & II Landscape Maintenance District
Fund Number 0172 (#181)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Decrease the assessment rate provided the current level of service is unchanged and there are no unforeseen expenditures in order to decrease the contribution to the Reserve Fund.
Monica Place
The Monica Place Landscape Main tenance District (District) serv es a residential neighborhood located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1976.
The District has 1,000 square feet of weed control and plantings. Landscape is ornamental ground cover.
Weed control areas along Monica Place assist in fire protection and protection of the asphalt.
Ad Valorem rate per $100 of assessed valuation: Current Rate: $.187, Maximum Rate:
$1.25.
Boundaries
The District lies within the City of Vallejo, generally located along the roadside of Monica Place.
Improvements
The District maintains weed control easements found along the edge of the asphalt and behind the sidewalk along Monica Place.
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $3,240
Salaries & Benefits $0
Services & Supplies $0
Landscape Water $0
Utilities $0
Landscape Rehabilitation / Vandalism $0
Capital Projects $0
Total Direct Costs $3,240
Administration Costs
Administration & Overhead $0
County Administration Fees $0
Professional Fees $17
Total Administration Costs $17
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $3,257
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $291
Contribution (from) General Fund / Other Revenue ($465) Balance to Levy $3,083
District Statistics
Tot al Parcels 5
Total Parcels Levied 5
Anticipated Total Assessed Value / $100 $16,487.87
Proposed Rate per $100 of Assessed Value $0.187
Maximum Rate per $100 of Assessed Value $1.25
Total Assessment Levy $3,083.23
Fund Balance Information
Beginning Operating Reserve Fund Balance $1,628.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $1,628.50
Beginning Rehabilitation Reserve Fund Balance $44,896.50 Rehabilitation Reserve Fund Adjustments $291.00
Anticipated Rehabilitation Reserve Fund Balance $45,187.50 Anticipated Total Ending Fund Balance $46,816.00
Estimate of Cost
City of V allejo
Monica Place Road Landscape Maintenance District
Fund Number 0163 (#167)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment in the future provided the current level of service is unchanged and there are no unforeseen expenditures.
Ridgecrest
The Ridgecrest Point Landscape Maintenance District (District) serves a residential neighborhood located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1978.
Ad Valorem rate per $100 of assessed valuation: Current Rate: $0.115, Maximum Rate:
$1.50.
The District is composed of six Pacific Gas & Electric easements and one area of ornamental plantings. The PG&E easements are composed of four with ornamental plants and two with weed height control and native/drought resistant plants. Weed control assists in fire protection.
Boundaries
The District lies within the City of Vallejo, generally located within the Woodvale Court cul-de-sac and the area bounded by Sylvia Court, Hale Str eet, Delgado Street, Clatyon Court, Elna Drive, Henry Street, and Woodvale Court.
Improvements
The District maintains landscaping and weed control in the following areas:
The PG&E easements found within chain-link fence enclosures on each side of Woodvale Street crossing extending north to and crossing Skyline Drive and along the south side of Goheen Circle
Rear yard fence lines.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Financial Information
The Direct Costs of the District not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. This proposed assessment is below the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $19,500
Salaries & Benefits $0
Services & Supplies $0
Landscape Water $4,000
Utilities $0
Landscape Rehabilitation / Vandalism $15,000
Capital Projects $0
Total Direct Costs $38,500
Administration Costs
Administration & Overhead $0
County Administration Fees $0
Professional Fees $390
Total Administration Costs $390
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $38,890
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $34,319
Contribution (from) General Fund / Other Revenue ($2,610) Balance to Levy $70,599
District Statistics
Total Parcels 171
Total Parcels Levied 171
Anticipated Total Assessed Value / $100 $613,905.57
Proposed Rate per $100 of Assessed Value $0.115
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $70,599.14
Fund Balance Information
Beginning Operating Reserve Fund Balance $19,445.00
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $19,445.00
Beginning Rehabilitation Reserve Fund Balance $241,516.00 Rehabilitation Reserve Fund Adjustments $34,319.00
Anticipated Rehabilitation Reserve Fund Balance $275,835.00 Anticipated Total Ending Fund Balance $295,280.00
Estimate of Cost
City of Vallejo
Ridgecrest Landscape Maintenance District
Fund Number 0193 (#169)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund is adequately funded. Consider decreasing the assessment in the future provided the current level of service is unchanged and there are no unforeseen expenditures.
Somerset Highlands (I/II)
The District lies within the City of Vallejo, generally located within the area bounded by Columbus Parkway, Georgia Street, and Regents Parkway.
Special District Features
The District was originally formed in 1975.
The District has 2 acres of native and ornamental ground cover, shrubbery and trees. The District has 5 acres of weed control.
Weed control in open space areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $.06, Maximum Rate:
$1.25.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Columbus Parkway, Georgia Street, and Regents Parkway.
Improvements
The District maintains landscaping and weed control in the following areas:
Slope along Columbus Parkway from Georgia Street north to the rail fence and south to Regents Parkway.
Open space along Regents Parkway to Brunswick.
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $16,800
Salaries & Benefits $11,056
Services & Supplies $1,265
Landscape Water $3,000
Utilities $300
Landscape Rehabilitation / Vandalism $5,000
Capital Projects $0
Total Direct Costs $37,421
Administration Costs
Administration & Overhead $5,111
County Administration Fees $0
Professional Fees $629
Total Administration Costs $5,740
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $43,161
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $76,622
Contribution (from) General Fund / Other Revenue ($4,504) Balance to Levy $115,279
District Statistics
Tot al Parcels 533
Total Parcels Levied 533
Anticipated Total Assessed Value / $100 $1,921,317.04
Proposed Rate per $100 of Assessed Value $0.060
Maximum Rate per $100 of Assessed Value $1.25
Total Assessment Levy $115,279.02
Fund Balance Information
Beginning Operating Reserve Fund Balance $21,580.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $21,580.50
Beginning Rehabilitation Reserve Fund Balance $428,866.50 Rehabilitation Reserve Fund Adjustments $76,622.00
Anticipated Rehabilitation Reserve Fund Balance $505,488.50 Anticipated Total Ending Fund Balance $527,069.00
City of V allejo
Somerset Highlands I & II Landscape Maintenance District Fund Number 0109 (#173)
Estimate of Cost
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment in the future provided the current level of service is unchanged and there are no unforeseen expenditures.
Somerset Highlands III
The Somerset Highlands Three Landscape Maintena nce District (District) serves a residential neighborhood located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1981.
The District has 7 acres of native and ornamental ground cover, shrubbery and trees.
The District has 4 acres of weed control.
Weed control in open space areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $.144, Maximum Rate: $1.50.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Locust Drive, Ascot Parkway, Columbus Parkway, and Rock Springs Golf Course.
Improvements
The District maintains landscaped areas and weed control in the following areas:
Landscape slope along the east and west side of Ascot Parkway. Medians from just south of Hawksbury Drive to the intersection of Columbus Parkway to the end of the sound wall along the north side of Columbus Parkway. Strip of landscaping running along two hundred feet east of the intersection of Columbus and Ascot Parkways at the sound wall to the back of the curb.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Interior slope beneath the power lines and slope overlooking the Blue Rock Springs Golf Course.
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $9,756
Salaries & Benefits $15,145
Services & Supplies $1,733
Landscape Water $11,947
Utilities $180
Landscape Rehabilitation / Vandalism $12,500
Capital Projects $0
Total Direct Costs $51,261
Administration Costs
Administration & Overhead $7,002
County Administration Fees $0
Professional Fees $715
Total Administration Costs $7,717
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $58,978
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $77,665
Contribution (from) General Fund / Other Revenue ($4,141) Balance to Levy $132,502
District Statistics
Total Parcels 233
Total Parcels Levied 233
Anticipated Total Assessed Value / $100 $920,149.87
Proposed Rate per $100 of Assessed Value $0.144
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $132,501.58
Fund Balance Information
Beginning Operating Reserve Fund Balance $29,489.00
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $29,489.00
Beginning Rehabilitation Reserve Fund Balance $384,611.00 Rehabilitation Reserve Fund Adjustments $77,665.00
Anticipated Rehabilitation Reserve Fund Balance $462,276.00 Anticipated Total Ending Fund Balance $491,765.00
City of V allejo
Somerset Highlands III Landscape Maintenance District
Fund Number 0171 (#176)
Estimate of Cost
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund is adequately funded.
Springtree
The Springtree Landscape Maintenance District (District) serves a residential neighborhood consisting of four developments located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1978 with one annexation in 1979. The District has 1 acre of native and ornamental ground cover, shrubbery and trees The District has 10 acres of weed control.
Weed control in open space areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $.195, Maximum Rate:
$1.50.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Tuolumne Street, Guava Court, Platt and Wake Court, Pa rkview Terrace, Phoenix Circle and the water treatment fence line.
Improvements
The District maintains landscaping and weed control in the following areas:
Landscaping along Tuolumne Street starting from Parkview Terrace, Public LMD behind lot 7, ending at the intersection of Phoenix Circle.
South side of Tuolumne Street beginning at Ridgeview Drive and ending at the rear of lot 8 at Guava Court.
Behind the residences along the south side of Mitchell Court and Riverview Drive. Open space bounded by Platt and Wake Court and Parkview Terrace and the water treatment plant fence line.
Public LMD on the north side of Amber Avenue, south side adjoining the park.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Public LMD situated below Phoenix Circle from lots 27-42 and behind the homes on Pepper Avenue.
Capital projects include remove and replace landscape and irrigation to keep up with current standards.
Financial Information
The Direct Costs of the District have not significantly changed from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 B udget
Contract Maintenance Costs $26,640
Salaries & Benefits $25,478
Services & Supplies $2,915
Landscape Water $10,000
Utilities $1,200
Landscape Rehabilitation / Vandalism $20,000
Capital Projects $0
Total Direct Costs $86,233
Administration Costs
Administration & Overhead $11,778
County Administration Fees $0
Professional Fees $940
Total Administration Costs $12,718
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $98,951
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $86,932
Contribution (from) General Fund / Other Revenue ($15,184) Balance to Levy $170,699
District Statistics
Total Parcels 297
Total Parcels Levied 297
Anticipated Total Assessed Value / $100 $875,377.71
Proposed Rate per $100 of Assessed Value $0.195
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $170,698.65
Fund Balance Information
Beginning Operating Reserve Fund Balance $49,475.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $49, 475.50
Beginning Rehabilitation Reserve Fund Balance $1,468,915.50 Rehabilitation Reserve Fund Adjustments $86,931.56
Anticipated Rehabilitation Reserve Fund Balance $1,555,847.06 Anticipated Total Ending Fund Balance $1,605,322.56
City of Vallejo
Springtree Landscape Maintenance District
Fund Number 0192 (#172)
Estimate of Cost
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment in the future provided the current level of service is unchanged and there are no unforeseen expenditures.
Summit II
The Summit Two Landscape Maintenance District (District) serves a residential neighborhood made from two subdivisions located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1978 with one annexation in 1979. The District has 3.5 acres of weed control.
Weed control in open space areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $.095, Maximum Rate:
$1.50.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Hillview Drive, Sunrise Way and the P.G. & E. towers.
Improvements
The District maintains landscaping and weed control in the following areas:
Remove the hazardous tree conditions behind the homes on Hillview and Sunrise Drive. Improve the fire protection grass control under the PGE power lines.
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $6,504
Salaries & Benefits $5,067
Services & Supplies $580
Landscape Water $0
Utilities $0
Landscape Rehabilitation / Vandalism $5,000
Capital Projects $0
Total Direct Costs $17,151
Administration Costs
Administration & Overhead $2,343
County Administration Fees $0
Professional Fees $293
Total Administration Costs $2,636
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $19,787
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $39,328
Contribution (from) General Fund / Other Revenue ($4,719) Balance to Levy $54,396
District Statistics
Total Parcels 171
Total Parcels Levied 171
Anticipated Total Assessed Value / $100 $572,584.31
Proposed Rate per $100 of Assessed Value $0.095
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $54,395.51
Fund Balance Information
Beginning Operating Reserve Fund Balance $9,893.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $9,893.50
Beginning Rehabilitation Reserve Fund Balance $462,015.50 Rehabilitation Reserve Fund Adjustments $39,328.00
Anticipated Rehabilitation Reserve Fund Balance $501,343.50 Anticipated Total Ending Fund Balance $511,237.00
City of Vallejo
Summit II Landscape Maintenance District
Fund Number 0188 (#164)
Estimate of Cost
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment in the future provided the current level of service is unchanged and there are no unforeseen expenditures.
Town & Country
The Town & Country One Landscape Maintenance District (District) se rves a residential neighborhood located in northwest Vallejo. The District is fully developed.
Special District Features
The District was formed in 1980.
The District has 1.5 acres of ornamental shrubbery and trees. Weed control assists in fire protection.
Ad Valorem rate per $100 of assessed valuation: Current Rate: $.150, Maximum Rate:
$1.50.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Fairgrounds Drive, Marine World Parkway fence, and the North Vallejo Community Park Ball Field.
Improvements
The District maintains landscaping and weed control in the following areas:
Slope on Fairgrounds Drive from Marine World Parkway fence to the North Vallejo Community Park Ball Field.
Walkway from Basalt down to the North Vallejo Community Park Ball Field.
Financial Information
The Direct Costs of the District have not significantly changed from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $13,440
Salaries & Benefits $8,739
Services & Supplies $1,000
Landscape Water $1,000
Utilities $400
Landscape Rehabilitation / Vandalism $5,000
Capital Projects $0
Total Direct Costs $29,579
Administration Costs
Administration & Overhead $4,040
County Administration Fees $0
Professional Fees $298
Total Administration Costs $4,338
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $33,917
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $21,284
Contribution (from) General Fund / Other Revenue ($1,762) Balance to Levy $53,439
District Statistics
Total Parcels 124
Total Parcels Levied 124
Anticipated Total Assessed Value / $100 $356,261.97
Proposed Rate per $100 of Assessed Value $0.150
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $53,439.30
Fund Balance Information
Beginning Operating Reserve Fund Balance $16,958.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $16,958.50
Beginning Rehabilitation Reserve Fund Balance $159,257.50 Rehabilitation Reserve Fund Adjustments $21,284.00
Anticipated Rehabilitation Reserve Fund Balance $180,541.50 Anticipated Total Ending Fund Balance $197,500.00
Estimate of Cost
City of V allejo
Town & Country 1 Landscape Maintenance District
Fund Number 0122 (#165)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment in the future provided the current level of service is unchanged and there are no unforeseen expenditures.
Woodridge
The Woodridge Landscape Maintenance District (District) serves a residential neighborhood located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1977.
The District has 6 acres of native and ornamental ground cover, shrubbery and trees. The District has 11 acres of weed control.
Weed control in open space areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $.071, Maximum Rate:
$1.50.
Boundaries
The District lies within the City of Vallejo, made up of several islands as generally located within the area bounded by Tennessee Street and Oakwood; Masonic Drive and Oakwood; Evergreen, Parhaven Court and Temple; Woodson Way, Blue Bird, Robin Courts, Skyline Drive and Blue Rock Springs Corridor.
Improvements
The District maintains landscaping and weed control in the following areas:
Landscaped slope along the north side of Tennessee Street behind Lain Court. Island at the corner of Tennessee and Oakwood, the easement directly west of the island and behind the homes of Bridge Court.
Easement off Evergreen Way on the south side bounded by the rear yard fences of Curtis and Springbrook.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Easement open space up slope of Evergreen and behind Park Haven Court and down slope of Temple.
Open space between Masonic Drive and Oakwood just south of Justin Court. Open space above Woodson Way and below Blue Bid and Robin Courts. The rear slope of Wood Court, Skyline Drive, and Masonic Court above Blue Rock Springs Corridor including the eucalyptus grove to within one hundred feet of the creak at high stage.
Slope behind Creekview, Glenview, and the open space entrance to the rear slope and frontage along the creek behind the private frontage road along Redwood. The islands of Redwood and the frontage landscaping from just west of Foothill to Doncaster on the north side and 500 feet west of Topley on the south side.
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $13,008
Salaries & Benefits $19,050
Services & Supplies $2,179
Landscape Water $10,000
Utilities $240
Landscape Rehabilitation / Vandalism $20,000
Capital Projects $0
Total Direct Costs $64,477
Administration Costs
Administration & Overhead $8,807
County Administration Fees $0
Professional Fees $567
Total Administration Costs $9,374
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $73,851
Cont ribut ion t o / (f rom ) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $36,512
Contribution (from) General Fund / Other Revenue ($5,571) Balance to Levy $104,792
District Statistics
Total Parcels 449
Total Parcels Levied 449
Anticipated Total Assessed Value / $100 $1,475,948.06
Proposed Rate per $100 of Assessed Value $0.071
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $104,792.31
Fund Balance Information
Beginning Operating Reserve Fund Balance $36,925.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $36,925.50
Beginning Rehabilitation Reserve Fund Balance $520,135.50 Rehabilitation Reserve Fund Adjustments $36,512.00
Anticipated Rehabilitation Reserve Fund Balance $556,647.50 Anticipated Total Ending Fund Balance $593,573.00
City of Vallejo
Woodridge Landscape Maintenance District
Fund Number 0118 (#174)
Estimate of Cost
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment in the future provided the current level of service is unchanged and there are no unforeseen expenditures.
CONSENT CALENDAR 8.H.
DATE: May 27, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT AND DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025- 2026 WITHIN THE RIDGECREST LANDSCAPE MAINTENANCE DISTRICT AND SETTING A PUBLIC HEARING ON THE MATTER FOR JUNE 10, 2025 AT 7:00 P.M.
RECOMMENDATION
Adopt a resolution approving the Engineer's Report and declaring the intention to levy and collect assessments for Fiscal Year 2025-26 within the Ridgecrest Landscape Maintenance District and setting a public hearing on the matter for June 10, 2025 at 7:00 p.m.
REASONS FOR RECOMMENDATION
The City Council directed SCI Consulting Group, Inc. to prepare an Engineer's Report containing fiscal information for the Ridgecrest Landscape Maintenance District (District) regulated by the Improvement Act of 1911. The City Council is required to hold a public hearing to receive public comments regarding fiscal year 2025–2026 assessments. The 1911 Act requires an annual determination of the District's costs, and allocation of those costs by means of annual assessments to the parcels within the district.
BACKGROUND AND DISCUSSION
The City of Vallejo has 27 Landscape Maintenance Districts (LMDs), thirteen of which were established in accordance with the Landscape and Lighting Act of 1972 (1972 Act), and fourteen of which were established in accordance with the Improvement Act of 1911 (1911 Act). These districts require annual determination of each district’s costs, and allocation of these costs by means of annual assessment to the dwelling units within each district. The City Council will be considering the remaining 1911 Act districts and the 1972 Act districts under separate Council actions.
Previous City Council actions formed the District and set a maximum annual assessment rate as determined by the City. The creation of the District was approved by a majority of the parcel owners at the time of formation. The City has not exceeded the authorized maximum assessment rate. The District is exempt from the procedures and approval process of Proposition 218 until such time that it is necessary to exceed the authorized maximum approved rate.
The attached Engineer's Report, prepared by SCI Consulting Group, Inc., describes the proposed assessments, which are based on the estimated cost to maintain the improvements within the District. The Report also details the District’s landscape improvements, financial information, budget and boundaries.
Assessments for the District are determined by applying the established assessment rate to each $100.00 in assessed value of each parcel.
The assessments are collected by the County of Solano and forwarded to the City for deposit into a specific fund account for the District. All assessments are expended on landscape maintenance, repair of damage due to vandalism or natural occurrence, site rehabilitation or improvements, water and utilities, and City administration and inspection costs.
Date: May 27, 2025
Subject: ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT AND DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025- 2026 WITHIN THE RIDGECREST LANDSCAPE MAINTENANCE DISTRICT AND SETTING A PUBLIC HEARING ON THE MATTER FOR JUNE 10, 2025 AT 7:00 P.M.
The proposed annual assessment rate for FY 2025-2026 is $0.115 per $100 of assessed valuation; the maximum assessment rate is $1.50. This assessment rate proposed is the same assessment rate levied for FY 2024-2025. The assessed value of the properties within the District has increased by 3.08% since last year’s determination. The current assessed value of these properties is $61,390,557.
Rehabilitation projects will focus on areas such as:
• Improving landscape services
• Reducing water costs
• Street tree maintenance
• Additional rehabilitation of ornamental landscape and plant replacement • Reducing graffiti and other common area blight
• Extension of the grass cutting to provide a wider fire-defensive perimeter away from the residential structures
All the costs associated with the District are paid by the assessments levied upon the parcels within the District. The amount of funds projected to be assessed for the District in FY 2025-2026 is $70,599.14.
The FY 2025-2026 Engineer's Report for the 1911 Act LMDs is included as an attachment to this staff report and is also on file in the City Clerk’s Office (3rd floor) and in the Department of Public Works (4th Floor), City Hall, 555 Santa Clara Street, Vallejo, CA 94590.
FISCAL IMPACT
There is no fiscal impact from this action on the General Fund.
Landscape District budgets are separate from the City’s General Fund. Landscape Maintenance District assessments finance the maintenance of the districts. The Public Works Department costs for labor and materials associated with the Landscape Maintenance Districts are charged to the individual district budgets.
All City costs associated with maintaining and administering the Districts are covered by the annual assessments.
The financial health of the District is described in the Engineer's Report. The FY 2025-2026 proposed assessments are adequate to maintain the current minimal service levels and sustain the required operating reserves of the 1911 Act LMDs.
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 Guidelines section 15378.
ATTACHMENTS
1. Reso - 1911 Ridgecrest LMD FY25-26_CAO Stamp
2. Vallejo 1911 Act ER 25-26
Date: May 27, 2025
Subject: ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT AND DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025- 2026 WITHIN THE RIDGECREST LANDSCAPE MAINTENANCE DISTRICT AND SETTING A PUBLIC HEARING ON THE MATTER FOR JUNE 10, 2025 AT 7:00 P.M.
CONTACT
Oscar Alcantar, Interim Public Works Director
[email protected]
RESOLUTION NO. 25-___ N.C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING THE ENGINEER’S REPORT AND DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025-2026 WITHIN
THE RIDGECREST LANDSCAPE MAINTENANCE DISTRICT AND SETTING A PUBLIC HEARING FOR JUNE 10, 2025 AT 7:00 P.M.
WHEREAS, the City Council, by previous Resolution, formed the Ridgecrest Landscape Maintenance District (hereinafter referred to as the "District"), pursuant to the provisions of the Improvement Act of 1911 (California Streets and Highways Code section 5000 et seq.) (hereinafter referred to as the "1911 Act"); and
WHEREAS, the 1911 Act authorizes the City Council to annually levy and collect assessments for the District on the Solano County tax roll to pay the maintenance and services of the improvements and facilities related thereto, and
WHEREAS, SCI Consulting Group, Inc. has prepared an Engineer’s Report which documents the District’s costs and the allocation of those costs; and WHEREAS, the City Council is required to conduct a public hearing to take public comments regarding Fiscal Year 2025-2026 assessments within the above-mentioned District pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo that:
1. The Engineer’s Report is preliminarily approved.
2. A Public Hearing on these matters is hereby set for June 10, 2025 at 7:00 p.m., at the City Council Chambers, located at 555 Santa Clara Street, Vallejo, California.
3. The City Clerk shall cause a notice of the hearing to be given by publishing a copy of this Resolution once, at least 10 days prior to the date of the hearing above specified, in a newspaper circulated in the City of Vallejo.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 27, 2025 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
ANDREA SORCE, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
OVERVIEW REPORT
City of Vallejo
Landscape Maintenance Districts
Fiscal Year 2025-26
Pursuant to the Improvement Act of 1911
Page i
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Page ii
Table of Contents
Table of Contents ......................................................................................................... ii Introduction ................................................................................................................. 1 Overview.................................................................................................................................... 1 Assessment Process .................................................................................................................. 2 Overview Report ........................................................................................................................ 3 Legal Requirements ...................................................................................................... 4 Method of Apportionment ........................................................................................... 5 Method of Apportionment ........................................................................................................ 5 Discussion of Benefit ................................................................................................................. 5 General versus Special Benefit .................................................................................................. 6 Benefit Finding .......................................................................................................................... 7 Budget Definitions ..................................................................................................... 10 Description of the Districts and Budgets ..................................................................... 14 Cimarron Hills – Madigan Ranch ............................................................................................. 14 College Hills ............................................................................................................................. 17 Sea View (Costa Del Rio) .......................................................................................................... 20 Glen Cove I & II ........................................................................................................................ 23 Greenmont – Seaport Hills ...................................................................................................... 26 Hunter Ranch I/II ..................................................................................................................... 29 Monica Place ........................................................................................................................... 32 Ridgecrest ................................................................................................................................ 35 Somerset Highlands (I/II) ......................................................................................................... 38 Somerset Highlands III ............................................................................................................. 41 Springtree ................................................................................................................................ 44 Summit II ................................................................................................................................. 47 Town & Country ...................................................................................................................... 50 Woodridge ............................................................................................................................... 53
Page iii
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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Introduction
Overview
The City of Vallejo (the “City”) annually levies and collects special assessments in order to provide and maintain the improvements within the fo urteen (14) separate landscape maintenance districts (“District” or “Distric ts”). The Districts have been fo rmed between the years 1977 and 1981 pursuant to the Improvement Act of 1911, Part 3 of Division 7 of the California Streets and Highways Code (the “1911 Act”). The Districts are as follows:
Cimarron Hills/Madigan Ranch
College Hills
Seaview (Costa del Rio)
Glen Cove I/II
Greenmont-Seaport Hills
Hunter Ranch I/II
Monica Place
Ridegecrest
Somerset I/II
Somerset III
Springtree
Summit II
Town & Country I
Woodridge
This Overview Report (the “Report”) describes the Districts, any changes to the Districts, and the proposed assessments for Fiscal Year 2025-2026. The proposed assessments are based on the estimated cost to maintain the improvements within each District. The Report also details each District’s landscaped improvements, financial information, budget and boundaries.
The Report contains a section for recommenda tions and analysis based on the financial information presented for each District.
The various improvements provided and assessed wi thin each District may include local street lighting, local landscaping improvements and special services. All local landscaping improvements maintained by the Districts and associated with ea ch District were either installed as a condition of development for properties within the District or were installed for the benefit of the properties within the Districts. The landscaping improvemen ts associated with each District may include parkways, perimeters, entryways, medians, slopes , retention and detention basin areas, internal landscaped amenities, neighborhood parks, open space areas and other easements and public right-of-ways within the Districts.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
I m p r o v e m e n t s w i t h i n e a c h D i s t r i c t m a y a l s o include turf, ground cover, shrubs and trees, irrigation systems, lighting, water features, en try monuments, drainage systems and associated appurtenances. Special services provided in clude tree trimming, graffiti removal, weed abatement and landscape maintenance of flood control areas, operations, administration and all services and maintenance required to keep th e improvements in a healthy, vigorous, and satisfactory condition.
Similar to landscape improvements, street ligh ting improvements funded through District assessments were installed for th e benefit of properties within each of the Districts. The assessments in each District provide for the main tenance, operation and energy costs related to their specific street light improvements.
Assessment Process
This Report was prepared to establish the budge ts for the continued maintenance and services expenditures that would be funded by the proposed 2025-2026 assessments. This Report and the proposed assessments have been made pursuant to the provisions of the 1911 Act.
In each subsequent year for which the assessments will be continued, the City must determine the budgets and costs for the upcoming year and allocate these costs to parcels within each District. This Report includes this information. After the Report is completed, the Council may approve the proposed assessments and establish the date for a public hearing on the continuation of the assessments. If the Council approves the proposed assessments by resolution, a notice of public hearing must be published in a local paper.
Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the assessments.
This hearing is currently scheduled for June 10, 2025. At this hearing, the Council would consider approval of a resolution ordering the levy of assessments for fiscal year 2025-2026. If so confirmed and approved, the assessments would be submitted to the County Auditor/Controller for inclusion on the property tax rolls for Fiscal Year 2025-2026.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Overview Report
Beginning in 2011-12, SCI Consulting Group be came the Assessment Engineer for these Assessments. To maintain an accurate reference and legally defensible record of the Assessments, pertinent language used in the previous Overview Reports has been retained herein, and the fundamental methodology has been maintained, essentially verbatim. (In most cases, language taken from the prev ious Overview Report is shown in Times New Roman, 10 pt.
Font.)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Legal Requirements
All assessments described in this Report and approved by the City Council are prepared in accordance with the 1911 Act and are in compliance with the provi sions of the California Constitution Article XIIID (Proposition 218).
The 1911 Act provides that assessments be determined by applying the established assessment rate to each one hundred dollars of assessed value of each parcel.
On November 5, 1996, California voters approved Proposition 218, which subsequently became a California Constitutional Amendment (Articles XIIIC and XIIID). Proposition 218 established additional requirements with respect to taxes, fees and assessments levied by California agencies. All new and existing assessments (with some exceptions) are required to comply with the substantive and procedural requirements of Article XIIIC & XIIID.
Pursuant to the California Constitution Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that all improvements and the annual assessments originally established for the District were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to Article XIIID Section 5(b), all the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, the existing assessment amount (the maximum assessment ra te for each District identified in this Report) is exempt from the procedural requirements Article XIIID Section 4.
The current maximum assessment rates per each one hund red dollars of assessed value of each parcel were originally approved by the property owners. Accordingly, any assessment amount equal to or below the maximum amount is considered an exempt assessment pursuant to Article XIIID Section 5(b). The annual assessments for this fiscal year 2025-2026 are significantly less than the maximum assessment allowed. The proposed assessment for any fiscal year may be incr eased over the previous fiscal year provided the assessment rate does not exceed the maximum assessme nt rate for each District . Any proposed new or increased assessment that exceeds th e current maximum assessment shall comply with all provisions of Article XIIID Section 4 including a property owner protest proceeding (property owner assessment balloting).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Method of Apportionment
Method of Apportionment
Assessments for the 1911 Act landscape maintenance districts of the City of Vallejo are determined by applying the established assessment rate to each one hundred dollars ($100) of assessed value of each parcel.
The word “parcel” refers to an individual property assigned its own Assessor Parcel Number by the Solano County Assessor’s Office. The Solano County Auditor/Controller uses Assessor Parcel Numbers and specific Fund Numbers to identify assessed properties on the tax roll. The annual assessments outlined in this Report are proposed to cover the estimated costs to provide a ll necessary service, operation, administration, and maintenance required each year to keep these improv ements in a healthy, vigorous, and satisfactory condition.
Discussion of Benefit
In summary, the assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits.
Proposition 218, which added Article XIIID of the California Constitution, provides as follows:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." Benefit categories have been established that represent the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing lighting and landscaping improvements to be provided with the assessment proceeds.
These categories of special benefit are summarized as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within the Assessment Districts.
B. Access to Improved landscaped areas and Other Public Improvements within the Assessment Districts.
C. Improved Views within the Assessment Districts.
D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.
E. Creation of individual lots for resident ial and commercial use that, in absence of the assessments, would not have been created.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Case law interpreting Proposition 218 provides en hanced clarity to the definitions of special benefits to properties in three distinct areas:
Proximity
Expanded or improved access
Views
This case law also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The case law also provides specific guidance that park improvements are a direct advan tage and special benefit to property that is proximate to a park that is improved by an assessment:
the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proxim ity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in additi on to the other special benefits listed above further strengthen the basis of these assessments.
General versus Special Benefit
In absence of the assessments, the Improvements in the Districts would not be provided, so the Improvements are “over and above” what otherwise would be provided. Many of the parcels would not even exist if the assessments were not established because an assessment for the specific Improvements within the Districts was a condition of development approval.
All of the Assessment proceeds derived from the Districts will be utilized to fund the cost of providing a level of tangible “special benefits” in the form of landscaped parkways, landscaped medians, landscaped corridors, open space areas and other Improvements and costs incidental to providing the Improvements and collecting the Assessments.
Although these Improvements may be available to the general public at large, the permanent public Improvements in the Districts were specifically designed, located and created to provide additional and improved public resources for the direct advantage of property inside the Districts, and not the public at large. Other properties that are either outside the Districts or within the Districts and not assessed, do not enjoy the unique proximity, access, views and other special benefit factors described previously. Moreover, the homes in the Districts would not have been built if the Assessments were not established because an assessment for the Improvements was a condition of development approval.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Benefit Finding
In summary, real property located within the bou ndaries of the Districts distinctly and directly benefits from closer proximity, access and views of Improvements funded by the Assessments, the creation of developable parcels and from the extension of usable land area provided by the assessments. The Improvements are specifically designed to serve properties in the Districts, not other properties or the public at large. The Di stricts have been narrowly drawn to include those parcels that receive a direct advantage from th e Improvements. The public at large and other properties outside the Districts receive only limited benefits from the Improvements because they do not have proximity, good access or views of the Improvements. These are special benefits to property in the Districts in much the same wa y that sewer and water facilities, sidewalks and paved streets enhance the utility and desirability of property and make them more functional to use, safer and easier to access.
Without the Assessments, the public improvements within the Districts would not be maintained and would turn into brown, unmaintained and un usable public improvements and public lands.
If this happened, it would create a significant and material negative impact on the desirability, utility and value of property in the Districts. Most importantly, without the Assessments, the developed properties would not exist, becaus e the subdivisions and development proposals would not have been approved. The Improvements are, therefore, clearly above what otherwise would be provided and the Improvements uniquely and specially benefit parcels in the Districts in a way that is not enjoyed by the general public or other property. We therefore conclude that all the Improvements funded by the Assessment are of special benefit to the identified benefiting properties located within the Districts and that the value of the special benefits from such Improvements to property in the Districts reas onably exceeds the cost of the Assessments for every assessed parcel in the Dist ricts. (In other words, as required by Proposition 218; the reasonable cost of the proportional special bene fit conferred on each parcel reasonably exceeds the cost of the assessments.) Any general bene fits to surrounding properties outside of the Districts, if there were any, are collateral and conferred concomitantly.
The original determination of benefits to property and the method of special benefit apportionment to property were developed by Willdan Financial Services when the Districts were originally approved by property owners as noted in the Description of Districts section of this Report. The description of benefits and the de termination and apportionment of benefits to property in this Report are consistent with the original benefit determination and apportionment.
The original method of apportionment of assessment and other relevant elements of the original Reports for the Districts are hereby incorporated by reference.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Quantification of General Benefit
Although the analysis used to support these asse ssments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments - the funding must come from other sources.
The maintenance and servicing of these improvements is also partially funded, directly and indirectly from other sources including the Ci ty of Vallejo, Solano County and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters and streets, etc.) This funding from other sources more than compensates for general benefits, if any, received by the properties within the assessments district.
The General Benefits from these Assessments may be quantified as illustrated in the following table.
Benefit Factor
Relative
Weight
General Benefit
Contribution
Relative General
Benefit
Creati on of parcel s 90 0% 0
Proximity and access to open space and landscape areas 5 10% 0.5 Improved vi ews 5 10% 0.5
100 1
Total Calculate d Ge ne ral Be ne fit = 1.0%
As a result, City of Vallejo will contribute at least 1% of the total budget from sources other than the assessment. This contribution offsets any general benefits from the assessment services.
This general benefit contribution is the sum of the following components:
The City of Vallejo owns, maintains, rehabilitates and replaces curb and gutter along the border of the Districts improvements. Th is curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the improvements. The contribution from the City of Vallejo towards general benefit from the maintenance, rehabilitation and replacement of the curb and gutter is conservatively estimated to be 1%.
The City of Vallejo owns and maintains local publ ic streets along the border of the Districts improvements. These public streets provide access to the improvements for its enjoyment as well as efficient maintenance. The contribution from the City of Vallejo towards general benefit from the maintenance of local public streets is conservatively estimated to be 1%.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefi t costs, and is conservatively estimated to contribute 25%.
Therefore, the total General Benefit is conservatively quantified at 1.0% which is more than offset by the total non-assessment contribution towards general benefit of 27%.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Budget Definitions
The following provides a summary of the services and costs that are incl uded in the District Budgets:
Direct Costs:
Contract Maintenance Costs — Includes all contra cted labor, material and equipment required to properly maintain the landscaping, irrigation sy stems, drainage systems, fencing, and entry monuments within the District. All improvements within the District are maintained and serviced on a regular basis.
Salaries & Benefits — Staff time devoted to mana ging and inspecting Districts. The Public Works LMD reimbursement is proportionally spread amongst twenty-seven (27) Districts based on each District’s budgeted direct and maintenance expense, inspections as a percentage of total costs in these categories for all Districts. Inspection costs are budgeted directly to the District as Field Inspection based on the historical and projected time spent in the inspection efforts.
Services & Supplies - Vehicles, supplies and services devoted to managing and inspecting Districts.
Landscape Water — Utility costs for water required to irrigate landscaped areas.
Utilities — Includes the cost of the furnishing of electricity required for the irrigation systems and hardwire telephone connections at upgraded irrigation controllers, monitored by City Staff.
Landscape Rehabilitation & Vandalism — Landscap e projects, which significantly benefit and upgrade a specific Landscape Maintenance District . These costs reflect only a proportional share of the entire cost of the project and are noted because the amount of design, planning, coordination and execution. This budget item represents a cost to the individual Landscape Maintenance District, which is representative and has been identified by the city as above normal routine landscape maintenance inspection.
Vandalism includes repairs and rehabilitation th at are generally unforeseen and not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism, storms, frost, etc. These upgrades could include replacing plant materials and/or renovation of irrigation or lighting systems.
Capital Projects – This item includes major repairs or capital improvement projects.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Administration Costs:
Administration & Overhead — The cost allocation of all particular departments and staff of the City, for providing general support, services and operations related to the various districts, enterprises and accounts of the City.
County Administration Fee — This is the estimated cost to the District for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number plus a charge per assessment levied.
Professional Services — This is the estimated cost to the District for th e Assessment Engineer to prepare this report and to calculate and submit the assessments to the Solano County Auditor’s office.
Levy Breakdown:
Operating Reserve Collection/(Transfer) — This budg et item is provided to illustrate collection by the District of funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through January or when the County provides the City with the first installment of assessments collected from the property tax b ills. Transfer amounts (Negative amounts) shown for this budget item represent transfers from th e reserve fund that reduces the Balance to Levy.
Maintaining an adequately funded reserve fund eliminates the need for the City to transfer funds from non-District accounts to pay for operational ex penses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Rehabilitation Fund Collection/(Transfer) — This bu dget item is provided to illustrate collection by the District of funds to cover costs of repairs, landscape maintenance that may be unforeseen and are not normally included in the yearly main tenance contract costs or for planned capital improvement projects. These amounts are held in or paid from the refurbishment/rehabilitation fund. Negative amounts shown for this budget item are transfers from the refurbishment/rehabilitation fund to be used to reduce the Balance to Levy. Transfer amounts (Negative amounts) will only occur after the pla nned projects have been completed and excess funds are being credited back to the District’s regular accounts. The refurbishment/rehabilitation fund eliminates the need for the City to tr ansfer funds from non-District accounts. The Rehabilitation fund can be utilized to cover operating costs should the revenue and reserve fund be insufficient.
Other Revenue Source — This item includes additional funds designated for the District that are not annual assessments. These funds are applied to reduce assessments, and may be from non- District or District sources including City General Fund Contributions and/or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Balance to Levy — This is the total amount to be collected for the current fiscal year through assessments. The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve collections or transfers, Rehabilitation co llections or transfers, contributions from other sources and contribution repayments. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll.
Districts Statistics:
Total Parcels Levied — The total number of pa rcels levied within the District boundary.
Anticipated Total Assessed Values/$100 — The sum of all the assessed values of all parcels within the District as established by the Solano County Assessor’s Office divided by $100.
Rate per $100 of AV — The established assessment rate to each one hundr ed dollars ($100) of assessed value of each parcel.
Minimum Cost Recovery Rate per $100 of AV— Th e estimated assessment rate to each one hundred dollars ($100) of assessed value of each parcel to recover sufficient revenue for the District Direct, Administration and Rehabilitation costs.
Fund Balance Information:
Beginning Operating Reserve Fund Balance — The projected reserve fund balance as provided by the City of Vallejo.
Operating Reserve Fund Adjustments — Positive amounts shown for this budget item represent additions to the reserve fund from levy revenue exceeding the total of all Direct, District Administration and Rehabilitation Costs. Surplus levy revenue is allocated to the reserve fund until the balance is equivalent to six months of levy revenue. The reserve fund negative amounts shown for this budget item represent transfers from the reserve fund to be used to reduce the Balance to Levy as a result of total Di rect and District Administration Co sts exceeding total levy revenue.
Additionally, negative amounts shown for this budget item may represent a reduction of the reserve fund balance in excess of six months of levy revenue; excess balances may be used to increase the refurbishment/rehabilitation fund.
Anticipated Operating Reserve Balance — The projected ending balance in the reserve fund as based on activity provided by the City of Vallejo. A negative Operating Reserve Fund balance represents cumulative contributions from the General Fund.
Beginning Rehabilitation Reserve Fund Balance — The projected rehabilitation fund balance as provided by the City of Vallejo.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Rehabilitation Reserve Fund Adjustments — Positive amounts shown for this budget item represents additions to the rehabilitation fund from levy revenue. The rehabilitation fund negative amounts shown for this budget item represent transfers from the rehabilitation fund to be used to reduce the Balance to Levy as a result of excess funds on project completion.
Anticipated Rehabilitation Reserve Balance — The projected ending balance in the rehabilitation fund as based on activity provided by the City of Vallejo. A negative Rehabilitation Reserve Fund balance represents cumulative contributions from the General Fund.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Description of the Districts and Budgets
Cimarron Hills – Madigan Ranch
The Cimarron Hills – Madigan Ranch Landscape Maintenance District serves a residential neighborhood of ten developments located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1979.
The District has 12 acres of native and ornamental ground cover, shrubbery and trees. The District has 13 acres of weed control and plantings. Weed control in open space areas assists in fire protection. Ad Valorem rate per $100 of assessed valuation: Current Rate: $0.162, Maximum Rate:
$1.50.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Fairgrounds Drive, Napa County line, Borges Lane , and Griffin Drive including open space below Highway 80.
Improvements
The District maintains landscaping and weed control on the following areas:
Along Fairgrounds Drive near the intersection of Taper to the Napa County Line. Borges Lane to Griffin Drive.
Open space below Highway 80 including the water tank site.
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $52,356
Salaries & Benefits $39,219
Services & Supplies $4,487
Landscape Water $15,000
Utilities $1,680
Landscape Rehabilitation / Vandalism $20,000
Capital Projects $0
Total Direct Costs $132,742
Administration Costs
Administration & Overhead $18,131
County Administration Fees $0
Professional Fees $2,244
Total Administration Costs $20,375
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $153,117
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $287,667
Contribution (from) General Fund / Other Revenue ($27,689) Balance to Levy $413,095
District Statistics
Total Parcels 811
Total Parcels Levied 811
Anticipated Total Assessed Value / $100 $2,549,970.30
Proposed Rate per $100 of Assessed Value $0.162
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $413,095.19
Fund Balance Information
Beginning Operating Reserve Fund Balance $76,558.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $76,558.50
Beginning Rehabilitation Reserve Fund Balance $2,692,357.50 Rehabilitation Reserve Fund Adjustments $287,667.00
Anticipated Rehabilitation Reserve Fund Balance $2, 980,024.50 Anticipated Total Ending Fund Balance $3,056,583.00
Estimate of Cost
City of V allejo
Cimarron Hills / Madigan Ranch Landscape Maintenance District Fund Number 0189 (#171)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded.
The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment rate if direct costs are anticipated to remain at the current level.
College Hills
The College Hills Landscape Maintenance District (District) is a residential neighborhood consisting of two developments located in northeast Vallejo. The District is fully developed.
Special District Features
The District was formed in 1977.
The District has 2 acres of ornamental and native ground cover, shrubbery, and trees. The District has 0.5 acre of weed control and plantings. Weed control in open space areas assists in fire protection. Concrete walkway and sound wall.
Ad Valorem rate per $100 of assessed valuation: Current Rate: $0.100, Maximum Rate:
$1.50.
Boundaries
The District lies within the city of Vallejo, generally located within the area bounded by Fairgrounds Drive, Whitney Avenue, and Olympic Drive.
Improvements
The District maintains landscaping and weed control in the following areas:
Slope along the west side of Fairgrounds Drive, including the concrete walkway and sound wall.
North side of Whitney Avenue, between Fairgrounds Drive and Pembroke Drive. Easement behind Chapman and above Frodham Circle up to the access walkway.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).
The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.
The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Direct Costs 2025-26 Budget
Contract Maintenance Costs $12,672
Salaries & Benefits $10,017
Services & Supplies $1,146
Landscape Water $2,500
Utilities $568
Landscape Rehabilitation / Vandalism $7,000
Capital Projects $0
Total Direct Costs $33,903
Administration Costs
Administration & Overhead $4,631
County Administration Fees $0
Professional Fees $300
Total Administration Costs $4,931
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $38,834
Contribut ion to / (f rom) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $20,901
Contribution (from) General Fund / Other Revenue ($4,057) Balance to Levy $55,678
District Statistics
Total Parcels 213
Total Parcels Levied 213
Anticipated Total Assessed Value / $100 $556,781.42
Proposed Rate per $100 of Assessed Value $0.100
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $55,678.14
Fund Balance Information
Beginning Operating Reserve Fund Balance $19,417.00
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $19,417.00
Beginning Rehabilitation Reserve Fund Balance $386,263.00 Rehabilitation Reserve Fund Adjustments $20,901.00
Anticipated Rehabilitation Reserve Fund Balance $407,164.00 Anticipated Total Ending Fund Balance $426,581.00
Estimate of Cost
City of V allejo
College Hills Landscape Maintenance District
Fund Number 0119 (#175)
City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026
Recommendations
The Reserve Fund balance for the District is adequately funded. The following are recommendations to the City:
Ensure the District Reserve Fund remains adequately funded. Consider decreasing the assessment rate if direct costs are anticipated to remain at the current level.
Sea View (Costa Del Rio)
The District lies within the City of Vallejo, generally located within the area bounded by Seaport Drive, Seawind Drive, Moonraker Drive, Sea Crest, and Schooner Way.
Special District Features
The District was formed in 1980.
The District has 5 acres of native and ornamental ground cover, shrubbery and trees.
The District has 1.5 acre of weed control and plantings.
Weed control in open space areas assists in fire protection.
Ad Valorem rate per $100 of assessed valuation: Current Rate: $0.287, Maximum Rate:
$4.00.
Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Seaport Drive, Seawind Drive, Moonraker Drive, Sea Crest, and Schooner Way.
Improvements
The District maintains landscaping and weed control in the following areas:
Landscaping and irrigation along Seaport Drive, Seawind Drive, Moonraker Drive, the upper most north facing slope of Sea Crest and Schooner Way. Open space weed control at the point on Seawind Drive. Street lights
Sidewalks including curbs, gutters and striping
Retaining walls
Street signs
Street maintenance
There are currently several rehabilitation projects in the District needed i.e. street paving, curb, gutter and sidewalk replacements, irrigation upgrades and vegetation replacement.