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e) Loss of Trees <br />The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the <br />Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling <br />trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques <br />which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases <br />and insect infestations. <br />All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by a Certified <br />Arborist approved by the Director. Contractor shall provide an exact location and separate evaluation/report for <br />each tree in decline. Contractor 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 not have treated or prevented, the <br />Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the <br />tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor <br />shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest <br />American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. <br />By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree <br />and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or <br />agree that the City shall withhold payment equal to the value of the tree. <br />5. Vine Planting, Establishment and Maintenance <br />a) Planting <br />Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata <br />(Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the <br />vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to <br />promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's <br />expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent <br />spraying, etc. Planting of vines shall not exceed 200 per year per district. <br />b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined <br />by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times <br />6. Weeds, Disease and Pest Control <br />a) Weed Control <br />All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved <br />mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or <br />greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's <br />monthly invoice. <br />b) Disease and Pest Control <br />(1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground <br />cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such <br />as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation <br />(rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the <br />Contractor at his/her expense using the safest and most expedient method. <br />(2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating <br />plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) <br />dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and <br />attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required <br />to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of <br />215E.11(946