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In the event the Contractor detects any tree displaying roots heaving or girdling {either by roots or a foreign material), leaning, broken ot• hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Directot• by phone within twenty-four (24) hours. f) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and ail 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 Arboxist approved by the Director. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated ox prevented, the Contractor shall not be responsible to replace the 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 healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value 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 go 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. S. PeretmiallAnnual Color All perenniaUannual color beds shall be maintained and pianted/rotated four (4} times per year as detailed in Attachment 4. Annual color is part of the base bid and not part of the plant cap. For every rotation 1S0 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 i 5' 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 fox any 25C-27 ,