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f} Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be --esponsible to replace die tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a health~~ conditi<~n or re~~lacc the tree. ~I-hc latest ;lmcrican Shade 'I~rcc Conl~rcncc ~,uidelincs fur value clctcrmination ~~iil ~Ietermine the ~'aluc of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree ~~o into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. Perennial/Annual Color All perennial/annual color beds shall be maintained and planted/rotated four (4) times per year as detailed in Attachment 5. Annual color is part of the base bid and not part of the plant cap. For every rotation l 50 flats are planted in annual planting areas. 6. Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. See Attachment 7 for plant cap. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 21 25C-197