1694653.1
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
THIS LANDSCAPE MAINTENANCE SERVICES AGREEMENT (the "Agreement") is entered into as of December 19, 2023 by and between the City of Diamond Bar, a municipal corporation (the "City") and Lycoming, LLC, a California limited liability company (”Developer”).
The City and Developer may be collectively referred to herein as the “Parties”.
Recitals
A. The City entered into that certain Landscape Maintenance Agreement with the State of California (“State’’), Acting By And Through The Department Of Transportation, dated December 19, 2023, (“Caltrans Agreement”) whereby the City agreed to undertake certain landscape maintenance responsibilities on State property within the right-of-way for the State Route 60 Eastbound Offramp to Brea Canyon Road (the “Site”).
B. In connection with Developer’s ownership and development of the real property located at 850 Brea Canyon Road and depicted on the map attached hereto as Exhibit “C” (the “Property”), the City has imposed a condition on the development of the Property to perform the City’s landscape maintenance responsibilities for the Site, which Site is adjacent to the Property being developed by Developer, as also depicted on Exhibit C.
NOW THEREFORE, for and in consideration of the foregoing and the mutual covenants contained herein, and other good, valuable, and sufficient consideration, the receipt and adequacy of which is acknowledged, the Parties agree as follows:
Agreement
1. Landscape Services. Subject to the terms and conditions set forth in this Agreement, Developer shall provide to the reasonable satisfaction of the City, the landscape maintenance and landscape irrigation maintenance services (the “Landscape Services”) for the Site, as set forth in the attached Exhibit "A", which is incorporated herein by this reference. In addition, the Landscape Services shall be performed in accordance with the Caltrans Agreement which is attached hereto as Exhibit “B” and incorporated herein by reference. In the event there is a conflict between this Agreement and the Caltrans Agreement with respect to the provision of Landscape Services, as determined by the City, the agreement containing the higher standard shall prevail.
Michael Bhatanawin (herein referred to as the “City’s Project Manager”), shall be the person with whom Developer shall coordinate its services hereunder to the extent required by the City’s Project Manager.
2. Term of Agreement. This Agreement shall take effect December 19, 2023 and shall continue indefinitely unless terminated pursuant to the provisions herein.
3. Compensation. The Landscape Services to be performed by Developer pursuant to this Agreement are a condition of the City’s approval of Developer’s development of the Property adjacent to the Site. No compensation shall be paid by the City to Developer for DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 2 | P a g e
the performance of the Landscape Services described herein. Developer shall bear all costs of complying with this Agreement.
4. Status as Independent Contractor.
A. Developer is, and shall at all times remain as to City, a wholly independent contractor. Developer 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 Developer or any of Developer's employees, except as set forth in this Agreement. Developer 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. Developer agrees to pay all required taxes on amounts paid to Developer 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 Developer and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Developer or its employees, then Developer agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Developer shall fully comply with Workers' Compensation laws regarding Developer and Developer's employees. Developer further agrees to indemnify and hold City harmless from any failure of Developer to comply with applicable Worker's Compensation laws.
D. Developer shall, at Developer’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, obtaining an encroachment permit from the State 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 Developer under this Agreement any amount due to City from Developer as a result of Developer'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 Developer’s failure to comply with this Section.
5. Standard of Performance. Developer and any contractors it engages to perform the Landscape Services shall perform all work set forth herein 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.
6. Indemnification.
Developer shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers ("Indemnitees") from and against all liability, DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 3 | P a g e
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 Developer’s employees or Developer’s contractor employees arising out of Developer or its contractor’s work under this Agreement; and (2) Any and all claims arising out of Developer's or its contractor’s performance of work hereunder or their 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 reasonable discretion find Contractor’s legal counsel unacceptable, then Developer shall reimburse the City its reasonable costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation.
The Developer 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.
7. Insurance.
A. Developer shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and reasonably 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 and $5,000,000 in excess coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts by Developer, 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 State of California, the City, and their respective officers, employees, agents, and volunteers 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.
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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.
D. All policies of insurance shall cover the obligations of Developer 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 reasonably 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. Developer shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.
F. Developer 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.
8. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Developer. 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. Immediately upon receiving written notice of termination, Developer shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination.
9. Default. In the event Developer defaults on its obligations to perform this Agreement, the City shall provide Developer with a written notice of such default and a reasonable opportunity to cure. If Developer does not cure the default within such time as provided in the City’s notice, the City may cure the default itself, require Developer to retain a different contractor or terminate this Agreement. If the City cures the default due to Developer’s failure to do so, Developer shall pay all City costs incurred for doing so within 15 days of receipt of a City invoice for same. Interest shall accrue at the rate of 10% per annum on any overdue invoices. If this Agreement is terminated due to Developer’s default, Developer shall pay up to a maximum amount not to exceed the present-day value of the Landscape Services the City was to receive under this Agreement for a period of two (2) years. Should it become necessary for the City to file an action enforcing this Section 9, the prevailing party in such action shall pay the other Party’s legal costs, including reasonable attorneys’ fees, expert fees, and court costs.
The above remedies for a default are not exclusive and City shall have any and all other legal remedies which may be available.
10. Personnel. Developer 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 Developer or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
11. Assignment By Developer. The Developer may, upon written notice to the City, assign its duties and obligations under this Agreement to BCBP Association, Inc., a California DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 5 | P a g e
non-profit mutual benefit corporation (the “Association”), the master association to be established in connection with Developer’s development of the Property. Upon the assignment of this Agreement and the assumption by the Association of Developer’s obligations under this Agreement, Developer shall be relieved of the performance of any further duties and obligations under this Agreement arising after such assignment and the Developer shall be released from any further liability under this Agreement.
12. Sale of the Property. The Parties agree that this Agreement shall run with the Property and shall be binding on any and all future owners thereof unless otherwise terminated by the City. Prior to any sale of the Property, or any portion thereof, Developer shall disclose this Agreement to any proposed purchaser and an assignment of this Agreement shall be entered into by and between the City, the Developer, and proposed purchaser. In the event such assignment is executed by all parties, Developer shall be relieved of any and all obligations and liabilities under this Agreement unless otherwise provided in the executed assignment.
12. Compliance with Laws. Developer shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments.
13. 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.
14. 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.
“DEVELOPER” “CITY”
Lycoming, LLC City of Diamond Bar
17777 Center Court Dr., #725 21810 Copley Drive
Cerritos, CA 90703 Diamond Bar, CA 91765
Attn: David G. Liu, Director of
Public Works/City Engineer
15. Governing Law. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of California.
16. 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.
17. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Developer and City.
This Agreement supersedes all prior oral or written negotiations, representations, or DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 6 | P a g e
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.
IN WITNESS of this Agreement, the Parties have executed this Agreement to be effective as of the date first written above.
“DEVELOPER” “CITY”
LYCOMING, LLC, a California limited CITY OF DIAMOND BAR, a municipal liability company corporation
By: ______ By:
Name: Phyllis Shih Daniel Fox, City Manager
Title: Manager
Attest:
Kristina Santana, City Clerk
Approved as to form:
Omar Sandoval, City Attorney
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EXHIBIT A
Landscape Maintenance Standards and Specifications
[Attached]
DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3
EXHIBIT A
Landscape Maintenance Standards and Specifications
The following standard outlines the scope of services and responsibilities required of the Developer. The specifications outline the quantity and category of work required.
1. GENERAL STANDARDS
1.1.GUARANTEE AND REPLACEMENT
1.1.1. Developer shall replace, at no additional cost to City of Diamond Bar, any turf or plant materials damaged as a result of improper maintenance or procedures.
Replacement material shall be of the same size and variety as the dead or damaged material. Replace plant material within two weeks of identification of damage. Developer may use alternatives to size, variety and scheduling of replacement only by written permission of the City of Diamond Bar.
1.1.2. Developer shall inform the City of Diamond Bar on a monthly basis of plant losses not covered by warranty and unrelated to maintenance activities. Developer shall provide the City of Diamond Bar with the cause of the plant loss, and provide recommendations for replacement along with pricing for replacement.
1.2.DEVELOPER STAFF/CONTRACTOR TRAINING AND EXPERIENCE
1.2.1. Developer will provide staff or a contractor able to perform work at the highest standards of horticultural excellence. Key staff shall have current knowledge of best management practices (BMP’s) regarding safety, hazardous materials spill response, plant health, pruning, integrated pest management, pesticide application, and irrigation maintenance. City of Diamond Bar reserves the right to demand the replacement of Developer’s staff or its contractor who do not meet the City of Diamond Bar’s standards for safety, professionalism, or horticultural knowledge.
1.2.2. All work shall be performed under the direct on-site supervision of a qualified licensed landscape professional.
1.2.3. All irrigation maintenance and repairs shall be performed by, or under the direct supervision of, a Certified Irrigation Technician (CIT) or Certified Irrigation Auditor.
1.2.4. All pesticide applications shall be performed by staff or a contractor (or subcontractor) licensed and insured as a State Commercial Applicator. In addition, the entity doing the pesticide application shall be licensed as Commercial Operators. License numbers will be provided to the City of Diamond Bar prior to award of contract.
1.2.5. All pruning will be performed by, or under the direct on-site supervision of, staff with documented education and training in proper and naturalistic pruning techniques.
Pruning of trees greater than six inches DBH will only be performed by an ISA certified Arborist.
1.3.CITY OF DIAMOND BAR/DEVELOPERCOMMUNICATION
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1.3.1. Developer will provide a supervisor to manage all matters pertaining to the performance of the Landscape Service.
1.3.2. Developer will provide the City of Diamond Bar with an emergency contact list identifying the names, positions held, and phone numbers of key maintenance personnel.
Developer will provide mobile and pager numbers for the landscape maintenance manager and site supervisor.
1.3.3. Attend meetings and site inspections of the grounds as reasonably requested by City of Diamond Bar.
1.4.MAINTENANCE RECORD KEEPING
1.4.1. Developer shall maintain a computerized log of activities performed, schedules, additional service repairs, and documentation of each application of fertilizer, pesticide (includes herbicides), and/or other chemicals. Provide a written copy upon request from the City of Diamond Bar, but in no event no more frequently than annually.
1.4.2. Pesticide application records shall be kept by the Developer on all pesticide (includes herbicide) applications for a minimum of five (5) years. Such records shall be completed in accordance with all applicable laws and regulations. The following information shall be recorded at a minimum for each application:
• The location where the pesticide or herbicide was applied. • The year, month, day, and time the pesticide or herbicide was applied. • Purpose of application.
• The person or firm who supplied the pesticide or herbicide which was applied.
• Trade name of the pesticide or herbicide which was applied, amount and concentration.
• Method and rate of application.
• The temperature and direction and estimated velocity of the wind at the time the pesticide or herbicide was applied.
• The name and license number of the pesticide or herbicide applicator. • Applicator apparatus license plate number or equipment number (if applicable).
• Any other information reasonably required by the City of Diamond Bar.
1.4.3. Developer will supply the City of Diamond Bar with written copies of chemical application records as requested.
1.5.LANDSCAPE SERVICE SCHEDULING
1.5.1. Developer will establish a schedule on Gantt (or equal to) chart for regular maintenance activities by area and submit to the City of Diamond Bar for review at the commencement of the Term of the Agreement. Developer will review proposed schedules with the City of Diamond Bar as needed and adjust as necessary to avoid conflicts.
2. SCOPE OF WORK
2.1.GENERAL PRACTICE GUIDELINES FOR MATERIALS AND EXECUTION DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3
2.1.1. This document is intended as a benchmark of the City of Diamond Bar’s minimum standards for maintenance, repair and improvements. However, the City of Diamond Bar respects the Developer and/or its contractor as a professional and as such, will take under consideration, any and all recommendations made by the Developer and/or its contractor.
2.1.2. Developer shall furnish all labor, equipment, and materials necessary to complete the maintenance of turf and plantings, as required. It is the intent of the City of Diamond Bar that the Site be maintained in a resource-efficient, sustainable, and cost-effective manner.
2.1.3. Maintenance shall consist of fertilization, soil building, pruning, mowing, irrigation, IPM, weed/insect/disease control, litter control and any other procedures consistent with good horticultural practice necessary to ensure normal, vigorous, and healthy growth of turf and landscape plantings.
2.1.4. When performing any work requiring subsurface excavation, Developer shall take care to avoid damage to existing utilities and vegetation.
2.1.5. All turf shall be mowed with professional quality mulch-mowing equipment.
2.1.6. Developer is encouraged to use non-polluting devices like rakes and brooms when feasible. The City of Diamond Bar prefers that blowers and other power equipment are low-decibel, low-fossil fuel consumption, and low-emissions models.
2.1.7. Developer is encouraged to develop horticultural practices which incorporate onsite recycling of organic materials, such as leaves and grass clippings, and the use of recycled materials in its maintenance operations.
3. MATERIALS AND EXECUTION – INTEGRATED PEST MANAGEMENT AND
PESTICIDE APPLICATIONS
3.1.INTEGRATED PEST MANAGEMENT (IPM)
3.1.1. City of Diamond Bar strongly encourages environmentally sensitive maintenance practices. The principles of integrated pest management (IPM) shall be employed. The intent is to limit any pesticide (including herbicide) applications through healthy landscape management practices.
3.1.2. IPM is an approach to pest control that utilizes regular monitoring to determine if and when treatments are needed and employs physical, mechanical, cultural, biological, and educational tactics to keep pest numbers low enough to prevent unacceptable damage or annoyance. Additional treatments, such as pesticide applications, are made only when and where monitoring has indicated that the pest will cause unacceptable economic, medical, or aesthetic damage.
3.1.3. Developer shall consider pesticide applications only as a last resort and only after other methods of control are proven ineffective.
3.2.PEST MONITORING
3.2.1. Pest monitoring and inspections to include the following:
• Developer shall visually inspect all landscape areas once weekly from April through September, and once monthly from October to March to identify DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 potential pest problems. Pest problems include insect, disease, and weed infestations.
• Cooperatively identify any area where non-chemical IPM control methods should begin.
3.3.PESTICIDE APPLICATIONS
3.3.1. Pesticides include all herbicides, insecticides, fungicides, and various other substances used to control pests.
3.3.2. Under no circumstances will combination products be allowed (“weed and feed”, weed control + fertilizer, insect control + fertilizer, etc,).
3.3.3. All pesticides must be EPA approved and applied by a licensed State Pesticide Applicator or Operator per the label directions. All applications must be posted as per WSDA regulations for 24 hours after application.
3.3.4. Developer is responsible to verify that pesticides are appropriate for use with the respective plant materials. Developer is responsible for any damage resulting from applications and shall repair or replace any such damage at no cost to City of Diamond Bar.
4. Intentionally Deleted.
5. MATERIALS AND EXECUTION – TREES, SHRUBS, VINES, GROUNDCOVER
MAINTENANCE
5.1.TREES, SHRUBS, VINES AND GROUNDCOVER FERTILIZATION
5.1.1. Fertilize plant materials as indicated below.
5.1.2. Trees, shrubs, including rhododendrons, vines and groundcovers: Fertilize in March or April with slow-release, “bridge” or natural-organic fertilizer. Use 1-2-2 nutrient ratio (N-P-K), or similar, per manufacturer's recommended rates (not to exceed 5-10-10).
5.1.3. Perennials: Fertilize in March and again in June with same fertilizer used above per manufacturer’s recommended rates.
5.1.4. Ornamental grasses: Fertilize in October with turf fertilizer approved in turf section above. Fertilize per manufacturer’s recommended rates.
5.2.TREES, SHRUBS, VINES AND GROUNDCOVER WEED, PEST AND DISEASE
CONTROL
5.2.1. Control of Weeds: Use horticultural methods (mulch, proper pruning, proper irrigation) to encourage plant health and growth and discourage weeds. Keep planter beds and tree wells free of weeds and debris on a rotational basis, weekly throughout the year by hand pulling or other mechanical means. Entire Site shall be weeded at least once monthly. Ground covers are to be trimmed so they meet but do not grow over walkways or outside any of the planters.
• Use of contact herbicides may be considered during the growing season to control noxious and other difficult to control perennial weeds. A maximum of two applications annually are allowed and included in the work. Use DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 health and environmental hazard information to choose most effective and least hazardous product. Use single active ingredient products only, no tank mixes are allowed.
5.2.2. Pre-emergent herbicides may only be used on sites with at least two years of plant establishment. Areas considered for pre-emergent use are limited to tree wells and mulch-only beds without groundcover.
5.2.3. Control of Insects and Diseases: Apply insecticide or fungicide to trees, shrubs and ground covers only when significant plant damage would result from not addressing the infestation. Calendar-based spraying is not allowed. Base pesticide application decisions on monitoring for damage, specific pest identification, and proper timing.
5.3.TREES, SHRUBS, VINES AND GROUNDCOVER PRUNING
5.3.1. Pruning must only be performed by trained personnel in accordance with accepted horticultural practices. Prune to enhance the natural growth and shape of plant materials and intended function of the planting. Plantings are designed to grow together and to the edges of the beds to minimize weed infestation and maximize water conservation.
Shearing is only permitted for formal hedges. Prune back branches as needed when interfering with walks, buildings, signage, fire control utilities, site lighting, security/safety visibility, site lighting, and vehicular circulation. Prune dead and broken branches quarterly and more frequently as required.
5.3.2. Street trees shall be pruned to maintain adherence to City sight distance requirements, to maintain visibility of street name signs, protect trees from vehicle damage, and maintain pedestrian safety.
5.3.3. Prune all plantings once every 12 weeks on a rotational basis appropriate to site, need, season and plant species.
5.3.4. Prune clean and just outside the branch collar in accordance with accepted horticultural practices. Pruning must only be performed by trained personnel. Replace plant materials that are disfigured or damaged due to improper pruning.
5.3.5. Periodically inspect and adjust tree staking and guying to prevent damage.
Remove guys and stakes as soon as trees are established and self-supporting (generally two years or less).
5.3.6. Prune trees as required and appropriate in compliance with ANSI A300 (Part 1), “Tree, Shrub, and Other Woody Plant Maintenance—Standard Practices (Pruning).”
5.3.7. The Additional Services of an ISA-certified arborist are required for pruning on any trees larger than six inches DBH (diameter at breast height as measured at four and onehalf feet about the existing grade at the base of the tree) and any branches larger than four inches in diameter. This is considered an additional service.
6. MATERIALS AND EXECUTION - GENERAL AREA MAINTENANCE
6.1.LEAF AND BRANCH REMOVAL
6.1.1. Keep walks, planting beds, roadway gutters, and lawn areas free of leaves and branches on a weekly basis throughout the year.
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6.1.2. Leaves shall be mulch mowed or left in planting areas throughout winter, spring and summer when leaf fall is not excessive and plant health is not adversely affected. As much as possible, leaves can be blown or raked under the shrubs or groundcover and into the wood chip mulch.
6.1.3. In autumn leaf removal shall occur at each visit as needed to prevent smothering of turf and groundcovers and excessive clumping when mulch mowing.
6.2.LANDSCAPE DEBRIS REMOVAL
6.2.1. Remove biodegradable landscape debris (turf clippings limited to only those times when mulch mowing is not possible), leaves, branches, annuals, dead plant material, etc. to green refuse recycling facility. Acceptable sites include topsoil producing facilities and/or other facilities, which utilize green waste for landscape purposes. No biodegradable material should be disposed of as garbage, except noxious weed debris.
6.2.2. Remove and properly dispose of moss from curbs, stairs and walkways.
6.3.LANDSCAPE TRASH REMOVAL
6.3.1. Remove all trash from landscaping beds, turf areas and parking lot to an approved trash container onsite on a weekly basis. For large amounts of trash, or if there is no approved trash container onsite, Developer shall haul it away for appropriate disposal.
6.4. MULCH REPLACEMENT
6.4.1. Once annually Developer shall replenish mulch to maintain a depth of no less than two inches (2”) in all planting areas. All tree wells to be re-mulched annually. Established beds where plant foliage or groundcover completely covers the soil surface require no additional mulch. Keep mulch at least two to three inches (2 – 3”) away from the trunk of plants and trees.
6.4.2. Mulch shall be medium or fine Hog Fuel wood chips, clean arborists wood chips, shredded leaves, coffee hulls, compost, etc.
6.4.3. “Red” bark mulch or dust shall not be used.
7. MATERIALS AND EXECUTION - IRRIGATION
7.1.GENERAL IRRIGATION SYSTEM OPERATION
7.1.1. Developer is responsible for providing staff and/or contractors that are completely trained and familiarized with the setup, monitoring, and maintenance of the irrigation system.
7.1.2. Developer is responsible for understanding the capacities and capabilities of the irrigation system and ensuring that system modifications do not cause landscape water demand to exceed the hydraulic capacity of the system.
7.1.3. Developer will establish appropriate time intervals for each valve zone in the irrigation systems and adjust during the operating season as necessary. • Adjustments should be based on local evapo-transpiration (ET) data as much as possible.
DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 • Operate systems only during night hours. Daytime operation is permitted only when inspecting or testing the system, after fertilizer application, for new installations and during extreme temperatures.
• Run times shall be sufficient to allow for saturation of the root zone without run off. This may require “cycle and soak” scheduling in spray zones. Allow adequate run times in drip irrigation zones.
7.1.4. Developer will manage all irrigation systems for peak efficiency and water conservation. Check for proper water application rates by inspecting soil moisture and health of plant materials on a weekly basis. Adjust the irrigation frequencies as required to correct over or under watering.
7.1.5. Developer shall manage irrigation schedules so that irrigation is applied more deeply, but less frequently, rather than small amounts on a daily basis.
7.1.6. Developer and City of Diamond Bar will work in collaboration during water supply shortages and under drought conditions to develop an irrigation strategy that best preserves and protects the site’s landscape investment.
7.2.IRRIGATION SYSTEM MONITORING
7.2.1. Irrigation system monitoring and inspections to include the following:
• Visually inspect all irrigated landscape areas once weekly from April through September to identify potential leaks as evidenced by water related plant stress, surface water or erosion, broken or damaged equipment, and paved surfaces or building walls/windows affected by irrigation spray.
• Visually inspect the operation of all irrigation valve zones once monthly from April through September to identify coverage problems, misdirected nozzles, broken or damaged equipment, hard-scape or building overspray, pressure problems and system leaks.
• Perform two-wire path loop resistance test on each site once annually during winter shutdown.
7.3.IRRIGATION SYSTEM MAINTENANCE, WINTERIZATION AND REACTIVATION
7.3.1. Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is not permitted. Immediately make adjustments, repairs, or replacements required to correct the source of the run-off.
7.3.2. Clean and adjust heads, nozzles and valves as required. Clean drip irrigation valve strainers as required. Properly prune plantings and remove sod and debris affecting head performance from all zones once during the months of April and May. Properly prune plantings and sod or debris affecting access to valves, and reset/raise valve boxes, which have settled during the winter shutdown months.
7.3.3. Flush out lateral lines and adjust heads and nozzles at the beginning of each operating season.
7.3.4. Developer shall be responsible for all costs associated with damage resulting from improper irrigation procedures.
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7.3.5. Provide for inspection and testing of backflow prevention valves annually, as required by law.
7.4.IRRIGATION SYSTEM REPAIR AND RENOVATION
7.4.1. Provide 24 hour per day, 7 days a week emergency response to immediately replace or repair broken, damaged or inoperable irrigation components which pose damage or safety hazards to persons or property. Prepare Proposals for all other repair or replacement work.
7.4.2. All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the City of Diamond Bar. If a change to the installation will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, request authorization to make the change from the City of Diamond Bar.
7.4.3. Replacement of system components shall be the same manufacturer and model as original equipment, or better.
7.4.4. Inform the City of Diamond Bar if shutting off the systems during emergencies.
7.4.5. Redline all irrigation repairs or renovations which represent changes to the existing irrigation on current record drawings and submit to City of Diamond Bar.
DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 8 | P a g e
EXHIBIT B
LANDSCAPE MAINTENANCE AGREEMENT WITH THE CITY OF DIAMOND BAR –
CALTRANS
[To Be Attached]
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EXHIBIT C
MAP
[Attached]
DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3 Landscape
areas alongBrea CanyonRoad
Landscapeboundary
Brea Canyon Rd.
Off Ramp
60 W
Freeway
DocuSign Envelope ID: CFAFE8EA-4644-48B2-A8EB-AA592D552DE3