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d) Hazardous Tree Reporting <br />In the event the Contractor detects any tree displaying roots heaving or girdling <br />(either by roots or a foreign material), leaning, broken or hanging limbs, or if <br />Contractor determines that potential safety hazard may exist Contractor shall <br />notify the Director by phone within twenty-four (24) hours. <br />e) Loss of Trees <br />The Contractor shall be responsible for the complete removal and replacement <br />of any and all trees lost due to the Contractor's failure to perform under this <br />agreement. Failure to perform includes but is not limited to, girdling trees with <br />string trimmers or tree ties, improper planting of new trees, improper <br />pruning/trimming techniques which disfigure or destroy the trees natural <br />integrity and shape, or failure to detect and prevent treatable diseases and insect <br />infestations. <br />All trees that exhibit the signs of disease or pests, or any other signs of distress <br />shall be inspected by a Certified Arborist approved by the Director. Contractor <br />shall treat any tree in decline at no additional cost to City. Should the Certified <br />Arborist determine that the tree had a terminal disease that the Contractor could <br />not have treated or prevented, the Contractor shall not be responsible to replace <br />the tree. However, should the Certified Arborist determine that the tree's <br />unhealthy condition or death could have been prevented had the Contractor <br />treated the tree then Contractor shall be responsible for the cost of treatment to <br />restore the tree to a healthy condition or replace the tree. The latest American <br />Shade Tree Conference guidelines for value determination will determine the <br />value of the trees lost. <br />By entering into agreement with the City the Contractor acknowledges that they <br />accept the condition of each tree and should a tree go into decline or expire the <br />Contractor agrees to replace the tree with like species and size or agree that the <br />City shall withhold payment equal to the value of the tree. <br />6. Vine Planting, Establishment and Maintenance <br />a) Planting <br />Contractor shall continuously plant throughout the year at its own expense 1 <br />gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along <br />property walls, building walls, and any other park owned walls until the vines <br />mature and cover the walls. Note that the Contractor shall irrigate the vines and <br />fertilize as necessary to promote healthy and vigorous growth. The Contractor <br />will immediately replace any vine at the Contractor's expense that is lost for any <br />reason including but not limited to lack of water, vandalism, accidental post <br />emergent spraying, etc. Planting of vines shall not exceed 300 per year per <br />district. <br />22 <br />19C-24