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HomeMy WebLinkAbout_ Contract - Nova Landscape Group, Inc. - 202536 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of Mav 20, 2025 by and between the City of Diamond Bar, a municipal corporation ("City") and Nova Landscape Group Inc., a California limited liability company("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the Landscape maintenance services for city parks set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Anthony Jordan, Maintenance Superintendent (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the perFormance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2025, and shall continue until June 30, 2028 ("Term), unless earlier terminated pursuant to the provisions herein. City shall have the option to extend this Agreement for up to an additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement for fiscal year 25/26 shall not exceed four hundred fifty thousand dollars ($450,000), fiscal year 26/27 shall not exceed four hundred sixty-four thousand seven hundred fifty dollars ($464,750) and fiscal year 27/28 shall not exceed four hundred eighty thousand two hundred dollars ($480,200) without 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel, and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually perFormed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work perFormed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between this Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; and (b) Consultant's Proposal dated March 25, 2025. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perForm the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the perFormance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including reasonable attorney fees, incurred by City. 10. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's perFormance of or failure to perform work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. 11. Insurance. A. Prior to perFormance of work under this Agreement and at all times during the term of this Agreement Contractor shall carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $2,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of$500,000.00 or the amount required by law, whichever is greater. B. The Indemnitees shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce, or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 12. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue perForming services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forFeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 17. Non-Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 19. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 20. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 23. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 24. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" "CITY" Nova Landscape Group, Inc. City of Diamond Bar 15218 Summit Avenue #300-734 21810 Copley Drive Fontana CA 92336 Diamond Bar, CA 91765-4178 Attn.: Attn.: Jason Williams Phone: 909-681-6949 Phone:(909) 839-7059 E-Mail: E-mail: 26. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 28. Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. {SIGNATURES FOLLOW ON THE NEXT PAGE} 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 "Contractor" "City" NOVA Landscape Group, Inc. CITY OF DIAMOND BAR Signed by: ,G/--/�� Caln, �b� 5/21/2025 By. L/ By. C6E9060EF5404E8... Printed all"1 : George Magana Dan Fox, City Manager TItl2: President By: � ATTEST: DocuSigned by: Printed Na 2: Georae Maaana 5/22/2025 TItI@: Chief Financial Officer ��� Kristina antana, City Clerk Approved as to form: �Signed by: 5/14/2025 By' zv�o� Omar San��oVal, City Attorney State of California "CONTRACTOR'S" License No. 1015991. CONTRACTOR'S Business Phone (909) 681-6949. Emergency Phone: (909) 681-6949 at which CONTRACTOR can be reached at any time. NOTE: If Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 1715351.1 Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 15218 Summit Ave,Suite 300-734 �� �O� /� Fontana,CA 92336 v T.909 681 6949 www.n�g-inc.com LANDSCAPE GROUP March 25, 2025 Jason Williams Maintenance Supervisor City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Re:Parks Landscape Maintenance Services Agreement Thank you for your time and the opportunity to discuss the Parks Landscape Maintenance Service Agreement. We value your relationship and consideration and are excited at the possibility of taking on the City's park's maintenance services. We are confident our direct experience working for the City in the past managing most of these facilities would provide a significant benefit in terms of facilitating as smooth a transition as possible for the City. To that end Nova Landscape Group, Inc. would like to request your consideration of the following terms. There was a discussion around us beginning lune 1St of 2025-2026 for the current contract amount plus a 3.5% CPI based increase. We would like to propose a second (2026-2027)- and third year (2027-2028) increase of the same 3.5%. From there we would refer to the current publicized CPI rate for the subsequent optional two one-year extensions. Our intent is to purchase specialized and dedicated equipment and vehicles to provide optimal service and coverage throughout the City's network of parks and this would allow us to offset that initial capital outlay as well as provide increased value to the City and its park patrons. As you are well aware, time is of the essence with regards to this transition so we will do our best to assure our availability for further discussions and/or meetings as needed. The sooner we can put this plan in motion, the better equipped we will be with plans and resources in place to begin the transition. We thank you for your consideration and look forward to hearing what more we can do to be your contractor of choice. Sincerely, � George Magana President Nova Landscape Group, Inc. Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 Exhibit A C I T Y D F � D IA111�C� I�J D B►A R C A L I F 0 R N I A SPECIFICATIONS FOR THE MAINTENANCE OF DIAMOND BAR COMMUNITY PARKS City of Diamond Bar City Parks Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 DIAMOND BAR COMMUNITY PARKS STATEMENT OF WORK Administrative Specifications On-Going Maintenance Tasks Seasonal Specialty Tasks Specific Requirements City of Diamond Bar City Parks Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 STATEMENT OF WORK LANDSCAPE AND GROUNDS MAINTENANCE AGREEMENT DIAMOND BAR COMMUNITY PARKS TABLE OF CONTENTS I. ADMINISTRATIVE SPECIFICATIONS SECTION HEADING PAGE 1. General Requirements PARKS SP1 2. Facilities to be Maintained PARKS SP1 3. Certifications/Reports PARKS SP3 4. Additional Work PARKS SP4 5. Contractors Damages PARKS SP4 6. Interpretation of the Maintenance Specifications PARKS SP5 7. Office of Inquiries and Complaints PARKS SP5 8. Safety PARKS SP6 9. Hours and Days of Maintenance services PARKS SP7 10. Maintenance Schedules PARKS SP7 11. Contractor's Staff PARKS SP8 12. Signs/Improvements PARKS SP8 13. Utilities PARKS SP9 14. Non-Interference PARKS SP9 15. Storage Facilities PARKS SP9 16. Use of Chemicals PARKS SP10 17. Term of Agreement PARKS SP10 18. Contractor's Compensation PARKS SP10 19. Monetary Penalties PARKS SP11 II. ON-GOING MAINTENANCE TASKS SECTION HEADING PAGE 1. Mowing - Operation PARKS SP14 2. Mowing- Frequency PARKS SP14 3. Mechanical Edging - Operation PARKS SP14 4. Mechanical Edging - Frequency PARKS SP15 5. Chemical Edging and Detailing - Operation PARKS SP15 6. Chemical Edging and Detailing - Frequency PARKS SP15 7. Weed Control and Removal - Operation PARKS SP15 8. Weed Control and Removal - Frequency PARKS SP16 9. Litter Control Operation PARKS 5P16 10. Litter Control - Frequency PARKS SP16 11. Trash Containers - Operation PARKS SP17 12. Trash Containers - Frequency PARKS SP17 13. Trash Bin Removal - Operation PARKS SP17 14. Trash Bin Removal - Frequency PARKS SP17 15. Raking - Operation PARKS SP17 16. Raking - Frequency PARKS SP17 17. Pruning and Hedge Trimming - Operation PARKS SP18 City of Diamond Bar City Parks Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 18. Pruning and Hedge Trimming - Frequency PARKS SP18 19. Sweeping/Washing- Operation PARKS SP19 20. Sweeping/Washing - Frequency PARKS SP19 21. Algae and Aquatic Growth Control - Operation PARKS SP19 22. Algae and Aquatic Growth Control - Frequency PARKS SP20 23. Picnic Areas and Pavilions Maintenance - Operation PARKS SP20 24. Picnic Areas and Pavilions Maintenance - Frequency PARKS SP20 25. Playground Equipment - Operation PARKS SP20 26. Playground Equipment - Frequency PARKS SP21 27. Restroom Maintenance - Daily Operation PARKS SP21 28. Restroom Maintenance - Weekly Operation PARKS SP23 29. Aerification - Operation PARKS SP23 30. Aerification - Frequency PARKS SP23 31. Fertilization - Operation and Frequency PARKS SP24 32. Turf Reseeding - Operation and Frequency PARKS SP24 33. Weed Control Turf- Operation and Frequency PARKS SP24 34. Disease/Insect Control - Operation and Frequency PARKS SP24 35. Watering and Irrigation Systems - Maintenance PARKS SP25 36. Irrigation System Operability and Testing - Operation PARKS SP27 37. Irrigation Operability and Testing- Frequency PARKS SP28 38. Ballfield Maintenance and Preparation - Operation PARKS SP28 39. Ballfield Maintenance and Preparation - Frequency PARKS SP29 40. Rodent Control - Operation PARKS SP30 41. Rodent Control - Frequency PARKS SP30 42. Drinking Fountain Maintenance - Operation and Frequency PARKS SP30 43. Exterior Building Maintenance - Operation and Frequency PARKS SP30 44. Slopes - Operation PARKS SP30 45. Slopes - Frequency PARKS SP31 46. Walks and Trails - Operation PARKS SP31 47. Walks and Trails - Frequency PARKS SP31 48. Swales and Drains - Operation PARKS SP31 49. Swales and Drains - Frequency PARKS SP32 50. Peterson Park & Paul C. Grow Park Special Needs / Operation and Frequency PARKS SP32 51. Raise American Flag Over Park Sites - Operation and Frequency PARKS SP32 52. Diversion of Organic Materials from Land Fills - Operation and Frequency PARKS SP32 53. Sycamore Canyon Park - Special Needs / Operation and Frequency PARKS SP33 III. SPECIFIC REQUIREMENTS SECTION HEADING PAGE 54. City-Provided Materials PARKS SP33 55. Locks and Keys PARKS SP33 City of Diamond Bar City Parks Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 ADMINISTRATIVE SPECIFICATIONS 1. GENERAL REQUIREMENTS 1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. 1.02 Contractor shall provide the labor, materials, and equipment necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained with nothing but the highest of standards at no less than the frequencies set forth herein. 1.03 Contractor is hereby required to render and provide landscape and grounds maintenance services including, but not limited to, the maintenance of turf, groundcover, shrubs and trees; renovation of turf and groundcover areas; maintain and prepare ballfields; the pruning of trees and shrubs; providing weed, disease and pest control; provide specified building custodial services; operating and maintaining specified components of the irrigation system, maintenance of aquatic areas, and the maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City of Diamond Bar Public Works Department, as set forth herein or revised by City. 1.04 Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage groundcover, athletic or turf areas. 1.05 The Contractor recognizes, that during the course of this Agreement, other activities and operations may be conducted by City work forces and other contracted parties. These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Contractor may be required to modify or curtail certain task and operations and shall promptly comply with any request therefore by the Maintenance Superintendent. 1.06 Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a weekly maintenance inspection during daylight hours of all areas within the premises such inspection shall be both visual and operational. It shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. Contractor shall take immediate steps to correct any observed irregularities, and submit a written report regarding such circumstances to the Maintenance Superintendent. 2. FACILITIES TO BE MAINTAINED 2.01 The facilities to be maintained under the provisions of this Agreement are located at the following addresses and locations: 2.02 The City of Diamond Bar facilities to be maintained under this agreement: 1. Diamond Bar Center— 1600 Grand Avenue City of Diamond Bar L.L.M.D. SP 1 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 2. Heritage Park Community Center - 2900 S. Brea Canyon Rd. 3. Pantera Park Activity Room - 738 Pantera Dr. 2.03 Parks: 1. Diamond Canyon Park— 3338 S. Brea Canyon Road 2. Paul C. Grow Park - 23281 E. Forest Canyon Rd. 3. Heritage Park - 2900 S. Brea Canyon Rd. 4. Maple Hill Park - 1355 S. Maple Hill Rd. 5. Pantera Park - 738 Pantera Dr. 6. Peterson Park - 24142 E. Sylvan Glen Rd. 7. Ronald Reagan Park - 2201 Peaceful Hills Rd. 8. Starshine Park - 20839 Starshine Rd. 9. Summitridge Park - 1425 Summitridge Dr. 10. Sycamore Canyon Park - 22930 E. Golden Springs Dr. 11.Washington Park— 21208 Washington Street 12. Larkstone Park—20668 Larkstone Drive 2.04 Special Facilities/Parks: 1. Diamond Bar Skate Park at Peterson Park - 24142 E. Sylvan Glen Road 2. Diamond Bar pog Park at Pantera Park— 738 Pantera Drive 3. Lorbeer Middle School Athletic Field (Owned by Pomona Unified School District) —501 S. Diamond Bar Blvd. 2.05 Trails: 1. Pantera Park Trail 2. Peterson Park Trail 3. Summitridge Park Trail 4. Sycamore Canyon Park Trail and Trail Head These facilities are landscaped with turf, groundcover, shrubs, and are irrigated by manual and/or automatic controlled systems. These areas are further defined on the plans of record on file with the City of Diamond Bar. 2.06 Contractor acknowledges personal inspection of the facilities and the surrounding areas. 3. CERTIFICATIONS/REPORTS 3.01 Maintenance Function Report Contractor shall maintain and keep current a daily report form that records all Ongoing, Seasonal and Additional Work; maintenance functions performed by Contractor's personnel. Said report shall be in a form and content acceptable to the Maintenance Superintendent and shall be submitted to Maintenance Superintendent concurrent with the monthly invoicing. The monthly payment will not be made until such report is received and deemed acceptable by the Maintenance Superintendent. 3.02 Certification City of Diamond Bar L.L.M.D. SP 2 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 Contractor shall complete the attached "Certification Report Form", designated Exhibit B and shall submit same to Maintenance Superintendent concurrent with the monthly invoicing the monthly payment to the Contractor will not be made until such report has been received and found acceptable by the Maintenance Superintendent. 3.03 Irriqation Schedule Contractor shall complete and submit a monthly irrigation schedule for the coming month, and submit same to Maintenance Superintendent concurrent with monthly invoicing. In addition, when applicable, Contractor shall submit with the monthly invoice, a report indicating those specialty type maintenance operations completed. Said report shall include the following information: a. Quantity and complete description of all commercial and organic fertilizers used. b. Quantity and label description of all grass seed used. c. Quantity and complete description of all soil amendments used. d. A valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 4. ADDITIONAL WORK 4.01 The Maintenance Superintendent may at his discretion authorize the Contractor to perForm additional work, including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third-party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems. If the Maintenance Superintendent determines that the labor for work resulting from vandalism, Acts of God or third-party negligence can be performed by Contractor's present work force, Maintenance Superintendent may modify the Contractor's On-Going Maintenance Schedule in order to compensate Contractor for performing said work. Absent of said modification, any work not provided for elsewhere in this agreement and authorized by the Maintenance Superintendent and performed by the Contractor shall be paid by City as specified in Pavment, Section 4 of the Agreement. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Maintenance Superintendent. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Maintenance Superintendent may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Maintenance Superintendent for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 4.04 Additional compensation may be authorized at the discretion of the Maintenance Superintendent, for those "Seasonal Specialty", or "Additional Work" functions deemed necessary and authorized by the Maintenance Superintendent. City of Diamond Bar L.L.M.D. SP 3 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 4.05 Contractor may also be requested to provide casual labor services for City Special Events, City emergencies or for other events and activities as approved by the Maintenance Superintendent. 5. CONTRACTOR'S DAMAGES 5.01 All damages incurred to existing facilities by the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits: a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Maintenance Superintendent. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 16. "Pruning and Hedge Trimming - Operation" of the On-Going Maintenance Specifications. c. Chemical - All damage resulting from chemical operation, either spray- drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to ensure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise; the Maintenance Superintendent will interpret this Agreement. If the Contractor disagrees with the interpretation of the Maintenance Superintendent, Contractor shall continue with the work in accordance with the Maintenance Superintendent's interpretation. Within thirty (30) days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Maintenance Superintendent and will be composed of not less than three (3) Non-City personnel having experience in the administration of grounds maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Maintenance Superintendent, for his consideration, within one (1) week following the conclusion of the hearing. The Maintenance Superintendent shall render an interpretation based upon his review of the City of Diamond Bar L.L.M.D. SP 4 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 Panels recommendation. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place located in the Los Angeles Metropolitan Area and shall maintain a telephone there, listed in the telephone directory in its own name or in the firm name by which it is most commonly known and shall, during the daily hours of maintenance operation have some responsible person(s) employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the Maintenance Superintendent, City personnel or patrons using the facilities. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. During normal working hours, the Contractor's Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through telephone communication. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City work force and shall charge the cost thereof, as determined by the Maintenance Superintendent, against the Contractor, or may deduct such cost from an amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non-action. The log of complaints shall be open to the inspection of the Maintenance Superintendent at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Superintendent. If any complaint is not abated within 24 hours, the Maintenance Superintendent shall be notified immediately of the reason for not abating the complaint followed by a written report to the Maintenance Superintendent within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Maintenance Superintendent, the Maintenance Superintendent may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. 8. SAFETY 8.01 Contractor agrees to perform all work outlined in this Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for, complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable OSHA, CALOSHA and NIOSHA Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action City of Diamond Bar L.L.M.D. SP 5 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 taken. 8.02 It shall be the Contractor's responsibility to inspect, and identify, any conditions that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The Maintenance Superintendent shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections Including, but not limited to; filling holes in turf areas and paving, using barricades or traffic cones to alert patrons of the existence of hazards, replacing valve box covers, and securing play apparatus so as to protect members of the public or others from injury. During normal hours Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the premises. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Maintenance Superintendent within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICES 9.01 The basic daily hours of maintenance service shall be as follows: a. During the months of November through April, the contractor shall, at a minimum, have staff onsite during the hours of 7:00 a.m. to 3:30 p.m. b. During the months of May through October, the contractor shall, at a minimum, have staff onsite during the hours of6:00 a.m. to 2:30 p.m. 9.02 Contractor shall provide staffing to perform the required maintenance services during the prescribed hours seven (7) days per week, Sunday through Saturday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Maintenance Superintendent. Contractor shall provide a daily schedule (seven (7) day per week schedule) of manpower assigned to work in Diamond Bar. This schedule shall serve as the minimum manpower requirement to adequately service this contract. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 10. MAINTENANCE SCHEDULES City of Diamond Bar L.L.M.D. SP 6 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 10.01 Contractor shall, within ten (10) days after the effective date of this Agreement, submit a facility work schedule to the Maintenance Superintendent for review and approval. Said work schedule shall be set on an annual calendar identifying and delineating the time frames for the required functions by the day of the week, morning and afternoon. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Maintenance Superintendent for his review, and if appropriate his approval, within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the Maintenance Superintendent for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Maintenance Superintendent, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. `Specialty Type" operations are defined as: a. Fertilization b. Turf renovation/reseeding c. Micro-Nutrients/soil amendments d. Spraying of trees, shrubs or turF e. Aesthetic tree pruning f. Other items as determined by the Maintenance Superintendent 11. CONTRACTOR'S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks the English language proficiently. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Maintenance Superintendent, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefore from the Maintenance Superintendent and such person shall not be employed at any City Parks and Recreation facility contracted for and maintained by the Contractor. 11.03 Maintenance Superintendent may require the Contractor to establish an identification system for personnel assigned to the facility which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Maintenance Superintendent. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times and buttoned. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the premises or City of Diamond Bar L.L.M.D. SP 7 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 improvements thereon, unless prior approval therefore is obtained from the Maintenance Superintendent. 13. UTILITIES 13.01 The City shall pay for all utilities with the exception of the telephone. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Maintenance Superintendent. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Maintenance Superintendent prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City, at its discretion, may provide storage and office facilities for Contractor's use within the premises. In such case, Contractor is prohibited from use of said facilities for the conduct of any of its business interests that are outside the scope of this Agreement. Further, said facilities shall not be used for human habitation, other than a night-watchman or patrolman as specifically approved by the Maintenance Superintendent. 15.01.01 Contractor, at its own risk, may store equipment and materials required for maintenance of the premises in said facilities. However, Contractor must, at all times, employ the use of such safety standards and handling procedures as are applicable to such equipment and materials. 15.02 Contractor shall not dispose of hazardous materials on the premises. All such hazardous materials collected on the premises shall be properly stored on a temporary basis, thereafter to be disposed of by Contractor at an approved disposal site. 15.03 Damage or loss to Contractor's equipment, materials and/or personal property shall be at Contractor's sole risk and expense. Contractor hereby agrees to hold City harmless and waive any claims for damages for loss of use of any equipment, materials and/or personal property that may occur at City provided storage facilities. City of Diamond Bar L.L.M.D. SP 8 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 16. USE OF CHEMICALS 16.01 All work involving the use of chemicals shall be in compliance with all Federal, State and Local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. 16.02 A listing of proposed chemicals to be used including; commercial name, application rates and type of usage shall be submitted to the Maintenance Superintendent for approval at the commencement of the contract. No work shall begin until written approval of use is obtained from the Maintenance Superintendent. 16.03 Chemicals shall only be applied by those persons possessing a valid California Pest Control Applicator's license. Application shall be in strict accordance with all governing regulations. 16.04 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. 16.05 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's office and a permit obtained with a copy to the City of Diamond Bar Public Works Department. 16.06 All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. 16.07 Chemicals shall be applied when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the area of application. 17. TERM OF AGREEMENT 17.01 This Agreement shall take effect and commence upon its execution by the City Council and unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) to thirty- six (36) full calendar months thereafter. 17.02 The City Council shall have the option to extend this Agreement up to three (3) additional years, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement. 18. CONTRACTOR'S COMPENSATION 18.01 Should this Agreement commence on other than the first day of a calendar month, the Contractor's compensation for that partial calendar month shall be prorated at the rate of 1/30 of the full monthly rate per day, to, and including, the last day of the partial calendar month. 18.02 In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional three (3) years as provided for in paragraph 17.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: City of Diamond Bar L.L.M.D. SP 9 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price index ("CPI") for the Los Angeles Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Maintenance Superintendent's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 19. Monetary Penalties for Contract Specification Deficiencies and Sub- Standard Work 19.01 Violation of the following provisions will result in the listed monetary penalty. Contract specification deficiencies and sub-standard work must be documented on the Performance Deficiency form and the form must be approved by the Supervisor and Maintenance Superintendent. 1. Contractor's employees shall wear proper working attire, including uniforms, proper shoes and other safety gear. (Section 11.04) Failure to comply shall result in a deduction of$100 per occurrence per day. 2. Complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Supervisor or Superintendent. (Section 7.04) Failure to comply shall result in a deduction of$100 per occurrence per day. 3. Contractor shall respond to emergencies within two (2) hours of notification. (Section 1.06) Emergencies include, but are not limited to, broken water mains, stuck valves, threat to private property due to contractor's operations, natural disasters, etc. Failure to respond shall result in a deduction of$250 per occurrence. 4. Contractor shall supply the City with name(s) and phone number(s) of twenty-four (24) hours-per-day, seven (7) days-per-week contact for emergencies. (Section 7.01) Failure to maintain current information shall result in a $200 penalty for each occurrence. 5. Contractor contact shall be available by telephone during regular work hours. (Section 7.01) Failure to respond back to City representative within 30 minutes of call shall result in $250 penalty per occurrence. City of Diamond Bar L.L.M.D. SP 10 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 6. Contractor shall provide a daily schedule (seven (7) day per week schedule) of manpower assigned to work in Diamond Bar. This schedule shall serve as the minimum manpower requirement to adequately service this contract. Failure to maintain the minimum level of manpower shall result in the immediate deficiency deduction of$200 per person per day. 7. Payments Withheld/Penalties: A. If the City determines that there are deficiencies in the performance of this contract, the Contractor shall be notified in writing each time service requirements are unsatisfactory and corrective action is necessary. Upon notification of service failure, the Contractor shall complete corrective action within the time frame as noted in the contract. Should the Contractor fail to correct any deficiencies within the stated time frame, the City may exercise the following measures: i. Deduct from the Contractor's payment the amount necessary to correct the deficiency. ii. Withhold the entire or partial payment. iii. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor's payment the total cost, including City overhead. iv. Deduct liquidated damages from Contractor's monthly invoice. B. Failure by the Contractor to provide reports, schedules and other deliverables as called for in this specification (and itemized below) will result in a penalty of$250 for each occurrence being withheld from the Contractor's current monthly invoice payment. i. "Weekly" written work schedules including tree well maintenance ii. Written pesticide recommendations iii. "Every three (3) weeks" irrigation tracking sheets for each controller iv. "Monthly" turF fertilization schedule (if applicable) v. "Monthly" rodent control reports (site specific) vi. "Monthly" chemical application report (site specific) C. Failure by the Contractor to provide certain maintenance functions/deliverables within the timelines called for in this specification (and itemized below) will result in a penalty of$200 for each occurrence (at each site) being withheld from the Contractor's current monthly invoice payment. City of Diamond Bar L.L.M.D. SP 11 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 I. Failure by the Contractor to take immediate corrective action to landscape that is stressed due to lack of water, insect infestation, rodents, etc. i. ii. Failure to perForm as indicated on the work schedule. ii. Responding to emergencies within two (2) hours during non-working hours. iii. Failure to conform to the W.A.T.C.H. Traffic Control handbook. iv. Removing litter/debris from site the same day it is generated. v. Blowing or sweeping debris onto private property, public streets, vi. parking lots or into stormdrains. vii. Tree pruning or tree care within five (5) days. viii. Failure to alleviate visibility obstructions within two (2) working days. ix. Ground cover replacement within five (5) days. x. Irrigation repair within twenty-four (24) hours. xi. Irrigating during rainy weather when it is obvious that additional soil moisture is not needed. (Per controller). xii. Objectionable weeds and subsequent days beyond three (3). xiii. Failure to pick up litter daily. xiv. Turf mowing and edging weekly. xv. Failure to test and or repair backflow prevention devices. II. ON-GOING MAINTENANCE TASKS 1. MOWING - Operation 1.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth, surface appearance without scalping or allowing excessive cuttings to remain. 1.02 TurF shall be mowed with a reel-type mower equipped with rollers or a rotary- type mower. 1.03 All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened. 1.04 Mowing height shall be no less than 3/4 inch for all turf areas. Mowing height may be set as high as 1 1/2 inches with one (1) being considered normal. City of Diamond Bar L.L.M.D. SP 12 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 Mowing heights may vary for special events and conditions. 1.05 Mowing operation shall be completely performed forty-three (43) times per year. 1 06 Mowing operation shall be scheduled Monday through Thursday. 1.07 Walkways shall be cleaned immediately following each mowing. 2. MOWING - Frequency All turf areas shall receive no less than the following: 2.01 During the warm season (April to November) all turF areas shall be mowed no less than once every week for a total mowing frequency of thirty-five (35) 2.02 During the cool season (December to March) all turf areas shall be mowed no less than once every two weeks for a total mowing frequency of eight (8). 3. MECHANICAL EDGING - Operation 3.01 All, turf edges, including designed edges in flower beds, shall be kept neatly edged and all grass invasions must be eliminated. 3.02 All turf edges, including but not limited to; sidewalks, patios, drives, curbs, shrub beds, flower beds, groundcover beds, around tree bases, and along lakes and streams shall be edged to a neat and uniform line. 3.03 Mechanical edging of turf shall be completed as one operation in a manner that results in a well-defined, V-shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade. 3.04 All turF edges shall be trimmed or limited around; sprinklers to provide optimum water coverage, valve boxes, meter boxes, backflow devices, park equipment and other obstacles. 3.05 All groundcover areas were maintained next to turf areas shall be kept neatly edged and all grass invasions eliminated. 4. MECHANICAL EDGING - Frequency 4.01 Mechanical edging of turf shall be performed forty-three (43) times per year. 4.02 Mechanical edging of all groundcover areas shall be completed twenty-six (26) times per year. 5. CHEMICAL EDGING AND DETAILING — Operation 5.01 Chemical application may be used in and around areas such as planters, areas adjacent to buildings, trees, fence lines, sprinkler heads, etc. Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift to six (6) inches. Precautionary measures shall be employed since all areas will be open for public during application. 5.02 Spot treat with a portable sprayer or wick wand using an herbicide approved by the Maintenance Superintendent and applied per manufacturer's recommendations. Water shall not be applied to treated areas for forty-eight (48) hours after each application. City of Diamond Bar L.L.M.D. SP 13 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 5.03 Where trees and shrubs occur in turF areas, all grass growth shall be limited to at least eighteen (18) inches from the trunks of trees and away from the drip line of shrubs by use of approved chemicals. 5.04 Linear chemical edging of turf boundaries may be performed in a manner that ensures a defined turF edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal. 5.05 Detailing of sprinkler heads (to provide maximum water coverage), valve boxes, meter boxes, and similar obstacles in turf areas may be performed in a manner that ensures operability, ease of location and/or a clean appearance. A six (6) inch clearance shall be considered normal. 6. CHEMICAL EDGING AND DETAILING — Frequency 6.01 Chemical edging and detailing operations shall be completed once every three (3) months or as needed and requested by the Maintenance Superintendent. 7. WEED CONTROL AND REMOVAL — Operation 7.01 All grass-like type weeds, morning glory or vine-weed types, ragweed or other underground spreading weeds shall be kept under strict control. 7.02 Remove all weeds and grass from the following areas: roadways, driveways, parking lots patios, drainage areas, slopes, hillsides, and expansion joints in all hard surface areas. 7.03 Remove all weeds, mechanically, from shrub beds, planters, and other cultivated areas. 7.04 Weeds treated with a contact weed chemical shall be left in place for a minimum of seven (7) days. If kill is not complete; additional application(s) shall be made, at no additional cost to the City, until target species are eliminated. 7.05 Weeds treated using a systemic chemical shall be left in place per manufacturer's recommendation. If kill is not complete by the time specified in the manufacturer's recommendation a second application, at no additional cost, shall be made. 7.06 After complete kill, all dead weeds shall be removed from the area. 8. WEED CONTROL AND REMOVAL - Frequency 8.01 Chemical application: Beds, planters, walkways, hard court areas, picnic pavilions, patios, expansion joints in all hard surFace areas, roadways, parking lots, drainage areas, slopes, and hillsides: once every month. 8.02 Mechanical Removal: shrub beds, planters, cultivated areas; once per week. 8.03 Inspect, spot treat or mechanically remove weeds as necessary. 9. LITTER CONTROL - Operation 9.01 Complete policing and litter pick-up to remove paper, glass, trash, undesirable materials, salutation and other accumulated debris within the hard surfaces, stadium and landscaped areas to be maintained, including but not limited to: walkways, City of Diamond Bar L.L.M.D. SP 14 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 roadways between and around planted areas, steps, planters, drains, areas on slopes from the toe of slope to ten feet up the slope, catch basins, play equipment, and sand areas. 9.02 Complete policing, litter pick up and supplemental hand sweeping of parking lot corners and other parking lot areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. 9.03 Complete removal of floating debris and litter in lakes and/or streams. 9.04 Litter pick-up shall be completed as early in the day as possible, but in no case later than 10:OOa.m. 9.05 Trash cans and any other large materials placed into the lakes or streams shall be removed. 10. LITTER CONTROL— Frequency 10.01 TurF, beds, planters, walkways, hard court areas, play areas, picnic pavilions and stadium areas, sand areas, patios, drainage areas, the above-described slope areas, roadways, parking lots, and lakes and streams; daily seven (7) days per week. 10.02 Trails and developed and irrigated slope areas: Once per week or as needed and directed by the Maintenance Superintendent. 11. TRASH CONTAINERS — Operation 11.01 Exterior trash containers shall be emptied prior to 10:00 a.m. and all materials shall be placed in appropriate trash bin(s). 11.02 Receptacles shall be conveniently located for the public use and returned daily to such locations if receptacles are displaced by third parties. 11.03 Containers or related appurtenances shall be cleaned and painted to avoid concentrations of insects and not detract from the overall appearance of the area. 11.04 Containers shall be painted black walnut as needed (precast concrete containers shall not be painted). 11.05 All containers or receptacles shall be installed securely to prevent tipping. 11.06 Contractor shall provide plastic liners for trash cans at Contractor's sole expense. 12. TRASH CONTAINERS - Frequency 12.01 Empty exterior trash containers or receptacles; daily seven (7) days per week. 12.02 Clean and paint exterior trash containers or receptacles; once annually or as needed (Precast concrete containers shall not be painted). 13. TRASH BIN REMOVAL - Operation 13.01 All trash and accumulated debris shall be placed in appropriate designated trash bin(s) each day. City of Diamond Bar L.L.M.D. SP 15 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 13.02 A designated storage area will be provided for the trash bin(s). 13.03 Contractor shall be responsible for providing all necessary trash bins; and off- site removal of all trash and accumulated debris to an approved disposal site. 14. TRASH BIN REMOVAL- Frequency 14.01 Trash bin removal; at least once per week or as otherwise approved by Maintenance Superintendent. 14.02 Trash trucks shall not be permitted on park turF areas. 15. RAKING - Operation 15.01 Accumulation of leaves shall be removed from all landscaped areas including beds, planters and turf areas under trees and placed in appropriate trash bin(s). 16. RAKING - Frequency 16.01 Planters, planter beds and turf areas under trees; once per month or as needed and directed by the Maintenance Superintendent. 17. PRUNING AND HEDGE TRIMMING - Operation 17.01 Clearance Maintain trees to achieve a seven (7) foot clearance for all branches within the park area and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and parking lots. Prune all plant materials where necessary to maintain access and safe vehicular and pedestrian visibility and clearance and to prevent or eliminate hazardous situations. 17.02 Trim designated formal plant materials to maintain formal hedges and topiary work. 17.03 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 17.04 Remove all new growth on trees up to the appropriate height clearances. 17.05 Remove all dead shrubs and trees. Trees to be removed shall have a caliper of three (3) inches or less measured six (6) inches above the ground level. 17.06 Stakinq and Tyinq a. Replacement of missing or damaged stakes where the tree diameter is less than three (3) inches. b. Stake in those cases where tree has been damaged and requires staking for support. c. Stake new trees or recently planted trees which have not previously been staked. d. Materials 1. Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees not less than ten (10) feet for fifteen (15) gallon trees. 2. Guide wires where required will be of pliable, zinc-coated ten City of Diamond Bar L.L.M.D. SP 16 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 (10) gauge using two (2) ties per tree 3. Tree ties shall be "Cinch Tie" tree supports or approved equivalent. 4. Stakes will not be placed closer than eight (8) inches from the bark. 17.07 Ground Cover All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. All groundcover areas shall be pruned to maintain a neat edge along planter box walls. Any runners that start to climb buildings, shrubs or trees shall be pruned out of these areas. 17.08 Damaged trees shall be staked and tied within twenty-four (24) hours. Replacement stakes or new staking shall be completed within five days. 18. PRUNING AND HEDGE TRIMMING - Frequency, as determined by Maintenance Superintendent. 18.01 Trees: Clearance pruning as needed. 18.02 Groundcover thinning; as needed. 18.03 Pruning plant material for vehicular and pedestrian visibility and access; as needed. 19. SWEEPING/WASHING - Operations 19.01 Check concrete areas for cracks, crevices and deterioration and notify Maintenance Superintendent in writing within twenty-four (24) hours. 19.02 Walkways, steps, curb and gutter, hard court areas, and patios shall be cleaned including but not limited to; the removal of all foreign objects from surfaces such as gum, grease, paint, graffiti, broken glass, etc. 19.03 Methods for sweeping of designated areas can incorporate one or all of the following: a. Power pack blowers b. Vacuums c. Brooms d. Push power blowers e. Pressure washers 19.04 In the event the Contractor elects to use power equipment to complete such operations, Contractor shall be subject to local ordinances regarding noise levels. Further, any schedule of such operations may be modified by Maintenance Superintendent in order to ensure that the public is not unduly impacted by the noise created by such equipment. 19.05 Supplemental hand sweeping of parking lot corners and other parking lot areas are required in those areas inaccessible to power equipment. 20. SWEEPING/WASHING - Frequency 20.01 Sweeping of hard surFace areas, parking lot corners, walkways, steps, hard court and stadium areas; once per week. 20.02 Washing of the following areas: a. Picnic pavilions and patios used in conjunction with food service City of Diamond Bar L.L.M.D. SP 17 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 areas shall be washed twice per week as instructed by the Maintenance Superintendent. b. Tennis courts and hard surface area; once per week. c. Stadiums; once per month. 20.03 Maintenance Superintendent may suspend or modify washing of hard surfaces in response to drought situations. 21. ALGAE AND AOUATIC GROWTH CONTROL - Operation 21.01 Lakes and streams shall be maintained free of algae and aquatic growth. 21.02 Chemicals used in control of algae and aquatic growth shall be approved for use by the Agricultural Commissioner's Office. 21.03 Chemicals used for control of algae and aquatic growth in lakes where fish are stocked must be approved by the Maintenance Superintendent for use in fisheries and not used in percentages that are harmful to fish. 21.04 Adjacent walkways and patio areas shall be maintained free of algae. 22. ALGAE AND AOUATIC GROWTH CONTROL— Frequency 22.01 Control of algae in lakes and streams, twenty (20) times per year during the months of March through December as requested by the Maintenance Superintendent. 22.02 Control of aquatic growth in lakes and streams; two (2) times per year as scheduled by Maintenance Superintendent. 23. PICNIC AREAS AND PAVILIONS MAINTENANCE - Operation 23.01 Picnic tables, benches, slabs, braziers and trash containers and receptacles shall be cleaned to insure safe use by the public. 23.02 Picnic tables and benches shall be checked for graffiti, carvings, looseness of planks or braces, cleanliness and general need of repair. 23.03 Cooking grills, braziers, fireplaces and fire rings shall be inspected for general need of repair. 23.04 The Contractor's observation of the general need of repair or replacement of loose planks or braces, braziers and fireplaces shall be immediately reported to the Maintenance Superintendent. 23.05 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed. 23.06 The entire picnic area shall be kept free of broken glass, cans, pop tops, paper, etc. 24. PICNIC AREAS AND PAVILIONS MAINTENANCE — Frequency 24.01 Inspect tables, benches, braziers, fireplaces and fire rings; daily, seven (7) days per week. 24.02 Spot clean tables, benches, braziers and pads; as needed. 24.03 Empty trash containers and receptacles; daily, seven (7) days per week. 24.04 Wash trash containers once every two (2) weeks. 24.05 Wash and disinfect tables and benches; once per week. City of Diamond Bar L.L.M.D. SP 18 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 24.06 Wash picnic hard surface areas; once per week. 24.07 Clean braziers and fire rings; once per week. 24.08 Clean and disinfect drinking fountains; Daily, seven (7) days per week. 24.09 Remove litter; daily, Seven (7) days per week. 24.10 Sweep picnic hard surface areas; daily, seven (7) days per week. 25. PLAYGROUND EOUIPMENT— Operation 25.01 All playground sites and equipment shall be inspected at the start of each work day, and the sand/wood chips cleaned and raked level to remove any foreign and hazardous material and be neatly groomed. 25.02 Any equipment showing signs of wear, fatigue or otherwise presenting an unsafe condition shall be reported immediately to the Maintenance Superintendent. 25.03 Special attention shall be made to low sand/wood chip areas, around play equipment. These sand areas shall be leveled by distributing sand/wood chips from high areas to low areas. 25.03.01 During the leveling and distribution of sand/wood chips, no concrete footing or steel anchor shall be exposed that could allow children to trip over or fall on. 25.03.02 During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. 25.03.03 The raking and distribution of sand/wood chips around and below the play equipment shall have a cushioning potential and this condition shall extend for eight (8) feet beyond any part of the play equipment. 25.04 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other harmful and unsightly debris. 25.05 All sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base material to be mixed in with the sand. After rototilling all areas shall be raked level. Wood chips shall not be rototilled. 25.06 Wood chips shall be replenished at the request of the Maintenance Superintendent. This shall be considered extra work pursuant to Section 4, 4.04. 25.07 All playground equipment shall be spot cleaned. 25.08 Power wash, clean and disinfect all playground equipment. 26. PLAYGROUND EQUIPMENT - Frequency 26.01 Inspect playground site and equipment; daily, seven (7) days per week. 26.02 Clean, regrade, rake and remove litter from sand area; daily, seven (7) days per week. 26.03 Sweep walks around sand play areas and return sand to play area; daily seven (7) days per week. 26.04 Rototill sand in playground areas by the 10th of each month. Twelve (12) times each year. 26.05 Spot clean playground equipment, seven (7) days per week or as needed. 26.06 Power wash, clean and disinfect all playground equipment bi-monthly, six (6) times each year or as needed and directed by the Maintenance Superintendent. 27. RESTROOM MAINTENANCE - Daily Operation, Seven (7) days per week. City of Diamond Bar L.L.M.D. SP 19 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 27.01 All restrooms shall be cleaned thoroughly in accordance with the following tasks, and all tasks shall be completed and restrooms opened for public use prior to 8 a.m., unless otherwise specifically authorized by the Maintenance Superintendent. All restrooms shall be closed and locked at the end of each day, no less than 30 minutes after park has closed. Paper and plastic products for the restrooms shall be provided by the Contractor at Contractor's sole expense. 27.02 Pick up debris and trash, then sweep floor. Removed materials are not to be swept outside of the restroom. 27.03 Empty trash and napkin receptacles, replace liners as needed. 27.04 Check and refill all dispensers as needed. 27.05 Replace burnt out light bulbs or tubes, inside of restroom and security lights outside. 27.06 Remove all graffiti using graffiti removal materials or other scrubbing techniques. 27.07 Remove spitballs, cobwebs, and other foreign materials from doors, walls, ceiling, partitions, vents, etc. 27.08 Do high and low dusting of ledges, tops of partitions, etc. using a dampened cloth or other device. 27.09 Disinfect the inside of urinals and toilets. 27.10 Disinfect the top and bottom of toilet seats, fixtures, and surfaces of and surrounding each fixture. 27.11 Disinfect stall walls and other areas where hands are normally placed. Clean doors and door frames. 27.12 Disinfect around urinals, under sinks, around floor drains, and other areas where bacteria might breed. 27.13 Disinfect sinks, dispensers, receptacles, trash containers, and walls around such areas. 27.14 Clean mirrors. 27.15 Scrub sinks and wipe dry. Use a small scrub brush to clean corners, cracks, and narrow areas. 27.16 Scrub inside surfaces of toilets and urinals. Be sure to scrub upper lip. Do not flush. 27.17 Scrub outside of toilets, urinals, and rear wall. 27.18 Wipe toilet seats, toilet bowls, urinals, and fixtures until dry. 27.19 Spot clean walls and scrub handprints, etc. from walls and partitions and wipe dry. 27.20 Disinfect and mop floors, making sure that corners, drains, areas around toilets, and feet of partitions are thoroughly cleaned and there is no accumulation of dirt or other matter. Leave the floor as dry as possible. 27.21 Wipe off cove base and remove mop strands caught around posts, etc. 27.22 Replace receptacles and trash containers following their cleaning. 27.23 Deodorize the restrooms. 27.24 Immediately notify Maintenance Superintendent of any irregularities or hazards. 27.25 If running water, broken fixtures, or plugged sewer lines cannot be normalized or isolated, the restroom is to be locked and the Maintenance Superintendent immediately notified. 27.26 Remove graffiti from the outside of the restroom building and wash off any other dirt clods, mud, or foreign materials. City of Diamond Bar L.L.M.D. SP 20 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 27.27 Clean top and sides of drinking fountains outside of restrooms and clear drains. 27.28 Disinfect drinking fountains, scrub the fixtures, and dry. 27.29 All areas are to be left clean and free of streaks, stains, film, debris, water spots, and odors. All fixtures shall be clean, including piping. 27.30 Make sure that supplies are in their appropriate dispensers and in adequate amounts to meet the demand. 27.31 All leaking fixtures, clogged drains, stopped up or damaged basins, toilets, or urinals; and damaged or inoperable lighting fixtures that cannot be repaired by the following shall be reported to the Maintenance Superintendent: (a) tightened to stop leaks; (b) unclogged by using a plunger or short snake. 27.32 Restrooms must be closed within one hour after posted park closure time, unless otherwise specifically authorized by Maintenance Superintendent 28. RESTROOM MAINTENANCE - Weekly Operation; Once per week. The following tasks shall be completed the day prior to the scheduled inspection date. 28.01 Perform the following tasks prior to commencing the daily task identified in paragraph 27.07: a. By using a plunger, lower water levels in toilet bowls below water line and use a bowl cleaner to descale and dissolve water rings on the bowls and under the flushing rims. Allow the bowl cleaner to soak for 20 to 30 minutes. Do not flush. b. Using a bowl cleaner, descale and dissolve water rings on urinal surfaces and under the flushing rim allowing the bowl cleaner to soak for 20 to 30 minutes. Do not flush. c. Following the soaking period, scrub the bowls and urinals to remove deposits and stains and then flush the toilet bowls and urinals. 28.02 Perform the following task prior to commencing the daily task identified in paragraph 27.14: Wash all windows. 28.03 Perform the following task prior to commencing the daily task identified in paragraph 27.15: Scrub underneath sink and disinfect. 28.04 Perform the following task prior to commencing the daily task identified in paragraph 27.18 Disinfect and completely wipe dry all partitions, doors, door frames, metal plates, handles and hinges. 28.05 Perform the following task prior to commencing the daily task identified in paragraph 27.19: Scrub and clean alt base molding and "hard to get at" areas. 28.06 Use only materials that are not caustic or damaging to the fixtures being cleaned. 28.07 Clean light fixture covers. 29. AERIFICATION — Operation 29.01 Aerate all turf areas by using a device that removes cores to a depth of four (4) inches at not more than six (6) inch spacing. City of Diamond Bar L.L.M.D. SP 21 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 30. AERIFICATION — Frequency 30.01 Aerify turF areas three (3) times per year from April to November; once every twelve (12) weeks. 31. FERTILIZATION - Operation and Frequency 31.01 Apply fertilizers so as to provide sufficient nitrogen and other basic nutrients on a regular basis to maintain the turf in a healthy condition, or as directed by the Maintenance Superintendent. Fertilizer will be applied as often as required to maintain deep green color at all times. The type of turf and time of year will determine the type of fertilizer used. The frequency of application will greatly depend on the amount of leaching caused by excess use of water. The type of fertilizer used and frequency applied shall be recorded. Coordinate all fertilizer applications with the Maintenance Superintendent. 32.02 Contractor shall use only dry pelletized fertilizers unless otherwise approved by the Maintenance Superintendent. Applications shall be in accordance with the manufacturer's specifications. All applications shall be recorded and specifically identified on the contractor's maintenance schedule indicating the fertilizer used and frequency applied. 32.03 When applying fertilizer granules, every precaution shall be taken to contain material in the planting areas. Contractor will be responsible for removing all fertilizer stains from concrete caused by application. 32. TURF RESEEDING - Operation and Frequency 32.01 Contractor shall once each year in fall or as directed by the Maintenance Superintendent, at contractor's sole expense, overseed all turF after aerification and overseed all bare spots as needed throughout the remainder of the year to re- establish turf to an acceptable quality. When contractor reseeds turF, he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of '/4 inch) in this sequence. The Maintenance Superintendent may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turF was not due to the negligence of the contractor. Overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet with a City approved grass seed. Coordinate seed type with City. In addition, on sports fields, hulled Bermuda grass seed (at least 48% pure seed) at a ratio of 2:1 of the approved seed shall be added. 32.02 Contractor shall fence off and secure from public access, at contractor's sole expense, the locations listed below, for a period of time, no less than nine (9) weeks, during the turF reseeding operation above. � Carlton Peterson Park Fields. • Pantera Park Fields. • Lorbeer Field. 33. WEED CONTROL -TURF - Operation and Frequency City of Diamond Bar L.L.M.D. SP 22 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 33.01 Control turf weeds as needed. Hand removal of noxious weeds or grasses will be required as necessary. 34. DISEASE/INSECT CONTROL - Operation and Frequency 34.01 All landscaped areas shall be maintained free of disease and insects that could cause damage to plant materials including but not limited to trees, shrubs, groundcover and turf. 34.02 The Maintenance Superintendent shall be notified immediately of any disease, insects or unusual conditions that might develop. 34.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor. 35. WATERING AND IRRIGATION SYSTEM MAINTENANCE 35.01 Since water requirements by plants vary according to the season and a particular year, extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun, wind, shade, and location in the individual planters. The variation in the size of plants installed, as well as the varieties, shall be taken into consideration. All landscaped and turf areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to, hand watering, operation of manual valves, proper utilization of automatic controllers, and the bleeding of valves. 35.02 Adequate soil moisture will be determined by programming the irrigation system as follows: a. Adjusting and setting of the automatic controller to establish frequency and length of watering period. b. Consideration must be given to the soil conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include day time watering during freezing weather to prevent-icy conditions and manual operation of the irrigation system and/or hand watering with portable sprinklers during periods of windy or inclement weather. c. A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. 35.03 Watering shall be regulated to avoid interference with any use of the facility's roadways, paving or walks. 35.04 In the areas where wind creates problems of spraying water onto private property or road right-of-ways, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night or early morning hours. 33.05 Irrigation system will be controlled in such a way as not to cause any excessively wet or "waterloggedt' areas which could interFere with the ability to mow all turF. "In lawn" trees and other planting shall be protected from overwatering and run-off drowning. City of Diamond Bar L.L.M.D. SP 23 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 33.06 New turf (up through the sixth mowing) shall be watered immediately after mowing. Well established turf shall not be watered for at least four (4) hours after mowing. 35.07 All groundcover areas shall be watered as needed to maintain a healthy condition, with appropriate care being taken not to overwater in shady areas. 35.08 Contractor shall maintain in an operational state at all times the irrigation system consisting of automatic controllers, risers, sprinkler heads, main lines, lateral lines, quick couplers, batteries, booster pumps and backflow prevention devices. All irrigation systems shall be regularly inspected, tested and maintained in accordance with the specifications and frequencies specified herein. 35.09 Should Maintenance Superintendent deem it necessary for proper irrigation system maintenance particularly with regard to repairs to valves and sprinkler heads, Contractor shall provide, at no additional cost, personnel fully trained in all phases of landscape irrigation systems, including but not limited to; the operation, maintenance, adjustment and repair of said systems and their components. 35.10 Contractor is responsible and not limited to perForming the following tasks as needed: a. Setting, scheduling and monitoring all irrigation controllers. b. Inspecting and reporting of irrigation system status. c. Adjusting and cleaning of sprinkler heads. d. Repair or replacement of sprinkler heads. e. Replacements will be of original materials or substitutes approved by the Maintenance Superintendent in writing prior to any installation. f. Providing nipples, caps, plugs, elbows, couplings, etc. g. Providing 1" x 1" x 1/4" inch angle iron, 30 inches in length for supporting risers on slopes and in beds. h. Providing worm drive bands for securing risers to stakes. i. Flushing irrigation pipelines. j. Replacement of valve box covers due to normal wear, vandalism and third- party negligence. k. Contractor shall confer with the Maintenance Superintendent regarding the need for replacement or relocation of inoperable sprinkler heads. City may require the Contractor, at no additional cost, to relocate the inoperable sprinkler head(s) to those areas within the facility identified by the Maintenance Superintendent. I. Contractor shall be required to file a yearly certification with the Department of Health Services and/or Walnut Valley Water District that all backflow prevention devices are operating in accordance with the requirements established by the Los Angeles County Health Services Department and/or Walnut Valley Water District. It will be the responsibility of the Contractor to repair and replace, when necessary, subject to the provisions of Section 35.09 hereunder, all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services and/or Walnut Valley Water District that said certifications are due. m. Repair of irrigation booster pumps. 35.11 The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems and components at no additional cost to the City. City of Diamond Bar L.L.M.D. SP 24 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turF trees, plants, and ground covers when automatic systems are not functioning. 35.12 Replacement by Contractor of all irrigation components provided by City to the Contractor shall be completed within twenty-four (24) hours upon receiving the component from the City. 35.13 Replacements for the irrigation system shall be with originally specified equipment of the same size and quality or substitutes approved by the Maintenance Superintendent prior to any installation thereof. 35.14 The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, main lines, lateral lines, quick couplers, risers, automatic controllers, batteries, booster pumps and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. 36. IRRIGATION SYSTEM OPERABILITY AND TESTING — Operation 36.01 In order to ensure the operability of the irrigation system, Contractor shall sequence controllers to each station manually to check the function of all facets of the irrigation system and report any damage or incorrect operation to the Maintenance Superintendent. 36.02 During the testing Contractor shall: a. Adjust all sprinkler heads for correct coverage, to prevent excessive turnoff and/or erosion and to prevent the spread of onto roadways, sidewalks, hard surface areas and private property. b. Unplug clogged heads and flush lines to free lines of rocks, mud and debris. c. Replace or repair inoperable irrigation equipment. d. All system malfunctions, damage and obstructions shall be recorded, reported to the Maintenance Superintendent and corrective action taken. 36.03 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 36.04 Repair/replace malfunctioning sprinkler heads within one (1) watering cycle. 36.05 Correct malfunctioning irrigation systems and equipment within two (2) hours of identification or following verbal notification. 36.06 Control the irrigation system during inclement weather conditions and limit the use of water concurrent with the weather situation to the satisfaction of the Maintenance Superintendent. 36.07 Flushing of the irrigation lines of grit and gravel shall be done by removing the last head on each lateral and operating the system until those materials are expelled. 36.08 Due to current drought situations, Contractor will shut off all irrigation controllers in the event of rain. The Maintenance Superintendent may instruct irrigation shut- down, to be accomplished within two (2) hours of notification. 37. IRRIGATION SYSTEM OPERABILITY AND TESTING — Frequency City of Diamond Bar L.L.M.D. SP 25 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 Operation and maintenance of the irrigation system shall receive no less than the following: 37.01 Inspect for operability and proper adjustment of controllers, quick couplers, valves, and sprinkler heads; once per week or more frequently if problems/conditions indicate a need. 37.02 Adjust and correct for coverage; as needed. 37.03 Repair and or replace, as determined by the Maintenance Superintendent, damaged or inoperable sprinkler heads; as needed. 37.04 Flush irrigation pipeline; once every four (4) months. 37.05 Check valve boxes for safety and security purposes; daily seven (7) days per week. 37.06 Schedule controllers as needed to comply with watering requirements of the premises. 38. BALLFIELD MAINTENANCE AND PREPARATION — Operation All ballfield areas within the premises shall be maintained at a level that insures a safe playing condition. Said ballfields, including appurtenant backstops, fencing, bleachers and walkways shall be inspected daily and the Maintenance Superintendent informed immediately thereafter, of any hazardous conditions thereat, or of any supplemental needs therefore. 38.01 Ballfield Preparation The following progression is necessary to prepare a ballfield for each day's play: a. Water the skinned portion of the infield and then drag and level with a cutting/leveling steel drag or its equal, to break the crust and regrade the infield. b. Home plate, pitcher's mound, 1st, 2nd, and 3rd base areas should be more heavily watered. Home plate and pitcher's mound will receive the heaviest watering. c. The dampened surface material in the above-mentioned areas shall be loosened, raked, shaped, and leveled. The surFace material that has worked away from these areas must be replaced in the proper area and tamped down firmly. d. All other depressions in the skinned area should be graded level and tamped down firmly. e. The skinned portion of the diamond shall be thoroughly watered with the proper amount of water to provide a suitable condition for dragging. As a rule, the appearance of small water bubbles should indicate sufficient watering. In the watering of the diamond, the correct procedure is to water away from the body with the hose to the rear. Do not walk on the watered areas. f. As the field dries, check the condition at which it can be dragged while cleaning and washing down dugouts, bleachers, concrete pads, and walks around the diamond. Make sure that the runoff from this operation does not create hazardous or unplayable conditions in the area. g. Said drag, similar to a metal foot scraper constructed of heavy interwoven metal squares, is used to provide a finished surface. After smoothing the surface with the drag mat, small pebbles and City of Diamond Bar L.L.M.D. SP 26 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 other debris, shall be removed. h. Make sure that the base pegs, pitching rubber, quick couplers, valve box covers and sprinkler heads are visible. 38.02 On-Goinq Maintenance Operations a. The berm buildup that is created from play and the dragging operations shall be regularly raked level to insure a smooth transition between the skinned portion of the infield and the grass portion of the outfield. Contractor shall have field laser leveled annually or as needed at the Maintenance Superintendents request. This work shall be coordinated with the turf re-seeding operations in Section 32.01 and shall be considered extra work in accordance with Section 4. b. Turf and weed encroachment shall be prevented within the skinned portion of the ballfield. c. A smooth line shall be kept between the turf grass and skinned portion of the ballfield by either mechanically edging or chemical application. d. Seasonally excessively wet diamonds may require the working of the skinned area until it is dry enough to prepare for play. Acceptable techniques shall be utilized to provide a playable diamond. e. A soil sterilent or herbicide shall be applied under all fencing that does not have concrete mow strips. 38.03 Schedulinq of Maintenance Operations a. Ballfields shall be prepared daily, seven (7) days per week. 38.04 In the event that Contractor elects to use power equipment to complete such operations, Contractor shall be subject to local ordinances regarding noise levels. Further, any schedule of such operations may be modified by Maintenance Superintendent in order to ensure that the public is not unduly impacted by the noise created by such equipment. 39. BALLFIELD PREPARATION AND MAINTENANCE — Frequency 39.01 Inspect for safety, and litter and debris removal; seven (7) days per week. 39.02 Preparation for recreation use; seven (7) days per week. 39.03 Ballfield on-going maintenance; once per month or more often as determined by the Maintenance Superintendent. 40. RODENT CONTROL - Operation 40.01 All areas shall be maintained free of rodents including but not limited to gophers, rabbits, rats and ground squirrels causing damage to turf, shrubs, groundcover, trees and irrigation system. 41. RODENT CONTROL - Frequency 41.01 Inspect for evidence of rodents and control as necessary; once per week. 42. DRINKING FOUNTAIN MAINTENANCE - Operation and Frequency City of Diamond Bar L.L.M.D. SP 27 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 42.01 Contractor shall maintain all interior and exterior drinking fountains by perForming the following operation: a. Drinking fountains shall be cleaned and disinfected daily, seven (7) days per week. b Leaking fixtures, clogged or stopped up drains and damaged fountains that leak cannot be repaired by tightening the fixture to stop the leak, or unclogged by using a plunger or a short snake to clear the drain shall immediately be reported to the Parks and Maintenance Superintendent orally and thereafter in writing. For Leaking fixtures, the water valve shall be turned off. 42.02 City shall be responsible for the repair or replacement of drinking fountains and fixtures. Additional compensation may be authorized, at the discretion of the Maintenance Superintendent, for the Contractor to perform said work. 43. EXTERIOR BUILDING MAINTENANCE - Operation and Frequency 43.01 Inspect and replace burnt out security lights; daily, as needed. 43.02 Clean, scrub fixtures and disinfect top and sides of drinking fountains outside of building and clear drains; daily, seven (7) days per week. 43.03 Remove graffiti using graffiti removal materials or paint when applicable; daily, seven (7) days per week. 43.04 Clean storage rooms and outside compounds; once per week. 43.05 Hose off appropriate areas of building walls and adjacent shrubbery; once per month. 43.06 Clear all rain gutters; once per month. 43.07 Clean all lighting fixtures; once per month. 44. SLOPES — Operation Contractor shall maintain all slopes as graded, and shall keep slopes and edges at the established true, even grades by performing the hereinafter specified operations and all other work incidental thereto. 44.01 Remove all litter and debris from all developed, and irrigated slope areas, with particular attention to the area beginning at the toe-of-slope and proceeding 10 feet up the slope. Should any debris be present thereby creating a fire hazard such debris shall be removed immediately. 44.02 Contractor shall keep the irrigation systems operational and controlled at all times so as to insure the survival of all plant materials. 44.03 Cut weeds just above the soil line, with equipment approved by the Maintenance Superintendent, keeping the root structure and stubble viable and in place at all times in order to keep the slope stabilized. 44.04 Spray slopes with a non-staining herbicide in areas within parks as required by Maintenance Superintendent. 44.05 In the event that such areas exist, a five (5) foot barrier shall be maintained, clear and weed-free, between homeowner's property and the slope plant materials. 44.06 Contractor is not responsible for maintenance to undeveloped and natural slope areas except for "V"-ditch maintenance. City of Diamond Bar L.L.M.D. SP 28 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 44.07 `V"-ditches in natural areas of parks shall be cleaned of debris so that water will have an unimpeded passage to its outlet. 45. SLOPES - Frequency 45.01 Remove litter and debris, 10 feet up from toe-of-slope; daily. 45.02 Remove litter and debris from other developed slope areas; once per week. 45.03 Maintain five-foot barriers; as needed. 45.04 Spray and remove weeds; once every two months. 45.05 "V"-ditches shall be cleared at least once per month. 46. WALKS AND TRAILS - Operation Contractor shall keep non-concrete walks and trails free of hazards and litter, and shall maintain the prescribed access routes by performing the hereinafter specified operations and all other work incidental thereto. 46.01 Wood chips, crushed rock, decomposed granite and other types of walkways and trails shall be kept clear for pedestrian and/or vehicular traffic. All weeds and plant materials shall be cut back to maintain clear access through such areas. 46.02 Any restrictive posts or barriers shall be maintained in an operable state. 46.03 Clear for litter and debris. 46.04 Repair/backfill ruts and erosion area. 47. WALKS AND TRAILS — Frequency 47.01 Areas kept clear for access: once per month. 47.02 Posts and barriers: as needed. 47.03 Litter and debris: once per week. 47.04 Repair/backfill ruts: as needed. 48. SWALES AND DRAINS - Operation Contractor shall maintain all swales and drains in an operable condition, and free of siltation and debris so that water will have an unimpeded passage to its outlet, by performing the hereinafter specific operations and all other work incidental thereto. 48.01 Swales shall be inspected and kept clear of all silt, debris and litter. 48.02 Drains and collection boxes shall be cleaned and cleared of all debris. 48.03 Drain gates shall be inspected to restrict hazards. Contractor shall immediately inform the Maintenance Superintendent of any broken or missing grates, and secure same to keep the area safe for public use. 48.04 "V"-ditches shall be cleared of debris so that water will have an unimpeded passage to its outlet. 49. SWALES AND DRAINS - Frequency 49.01 Swales; inspection and clearance; once per month. 49.02 Drains; cleaned and cleared; once per month. 49.03 `V-ditches shall be cleared of debris; once per month City of Diamond Bar L.L.M.D. SP 29 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 50. PETERSON PARK AND PAUL C. GROW PARK - SPECIAL NEEDS - Operation and Frequency 50.01 Peterson Park and Paul C. Grow Park suffer from compacted clay soil under the athletic field surFace. The following special program is required for these locations: a. Application of wetting agent four (4) times per year. b. Aerification of turf an additional three (3) times per year. c. Application of mulch over turf (spread evenly over entire area to uniform depth of 1/4 inch) one (1) additional time per year. 51. RAISE AMERICAN FLAG-OVER PARK SITES - Operation and Frequency 51.01 The American Flag is to be raised over each park equipped with a flag pole Monday thru Friday at time of restroom opening. 51.02 The flag is not to be raised on weekends, City designated holidays or on days of inclement weather, as determined by the Maintenance Superintendent. 52. DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS — Operation and Frequencv 52.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being disposed with regular refuse. Contractor shall, to the extent feasible, utilize acceptable techniques (i.e. grasscycling, composting) as approved by the Maintenance Superintendent, in the diversion of all organic materials from landfills. 52.02 Diversion shall be completed on an on-going basis. 53. SYCAMORE CANYON PARK - SPECIAL NEEDS - Operation and Frequency 53.01 The natural area of Sycamore Canyon Park must be maintained per the following: a. Clean-up all trash and graffiti along the trail and stream area that is located in the natural area of Sycamore Canyon Park. b. Perform maintenance tasks listed in item "a" above once per week or as needed as determined by Maintenance Superintendent. III. SPECIFIC REQUIREMENTS The following requirements are specifically designed to provide for a complete maintenance program for the City of Diamond Bar Parks. 54. CITY-PROVIDED MATERIALS 54.01 City shall supply Contractor with the following materials for which the Contractor will provide the labor at no additional cost to City: a. Paint for graffiti removal, and when applicable, materials for specially treated surfaces. b. Light bulbs and tubes for interior and exterior lighting of park buildings and restrooms. City of Diamond Bar L.L.M.D. SP 30 City-Wide Landscape Maintenance Docusign Envelope ID: D02C3E96-32FF-4779-B935-326D7EDC6694 c. Fifty-five (55) gallon trash containers, paint, and City decals for trash containers. d. American flags. 55. LOCKS & KEYS 55.01 City may develop an initial chain and lock system with specified number of replacement locks for trash containers, restrooms, gates, and valves/pumps cover boxes during the term of this agreement. Contractor shall be responsible for purchasing similar locks upon loss of any City-owned locks initially provided to Contractor. City shall provide Contractor on a one for one exchange, locks that have been vandalized or are inoperable. 55.02 Key Control a. Contractor shall be responsible for the series of keys assigned to them and will in turn assign these keys to their personnel for use in maintaining this facility. b. The Contractor will be held responsible for the proper use and safe keeping of all keys issued by the City to the Contractor. c. Contractor shall report all lost or stolen keys to the Maintenance Superintendent within twenty-four (24) hours of discovery of the loss. Contractor reimburses the City for the cost as determined by the Maintenance Superintendent of re-keying the facility or duplicating additional keys. d. Upon termination, cancellation or expiration of this Agreement all keys received by the Contractor shall be returned to the Maintenance Superintendent. e. California law stipulates that it is unlawful for a person to duplicate any keys without the permission by the owner. The penalty for violation of this law is either six (6) months imprisonment or a Five Hundred Dollar ($500.00) fine or both. 56. DOG PARKS 56.01 The Dog Park at Pantera Park, is located on a slope and the following tasks are required for this location. a. The engineered wood fiber that covers the Dog Parks shall be raked/leveled a minimum of once per month or as needed and or directed by the Maintenance Superintendent, to ensure an even cover depth of material. City of Diamond Bar L.L.M.D. SP 31 City-Wide Landscape Maintenance