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Contractor negligence, as determined by the Projects <br />Manager or designee. <br />Such negligence includes but is not limited to, <br />non-cleaning or non-disinfecting of tools or <br />equipment and for not isolating the infected <br />area. <br />ii. All affected turf, plant, or tree shall be replaced <br />by Contractor at no cost to the City. <br />2 <br />Disease and Pest Control <br />a. The Contractor shall regularly inspect all landscaped areas <br />for presence of disease, insect or rodent infestation. The <br />Contractor shall advise the Projects Manager or designee <br />within forty eight (48) hours of when disease, insect or <br />rodent infestation is found, and the action to be taken. <br />Upon approval of the Projects Manager or designee, the <br />Contractor shall implement approved control measures, <br />following all Federal, State, County, and municipal laws, <br />regulations and ordinances required for the approved <br />work. <br />b. Approved control measures shall be continued until the <br />disease, insect or rodent is controlled to the satisfaction of <br />the Projects Manager or designee. The Contractor shall utilize <br />all safeguards necessary during disease, insect or rodent <br />control operations to ensure safety of the public and the <br />employees of the Contractor. <br />c. Any plant, turf or tree material which dies without the <br />Contractor's Horticulturist and/or ISA certified Arborists <br />diagnosing the plant, turf or tree and implementing efforts to <br />save the plant, turf or tree will be considered Contractor <br />negligence and shall be replaced by Contractor at no cost to <br />the City. <br />d. Contractor shall provide complete and continuous pest control <br />and/or eradication of all pests or diseases in accordance with <br />the specifications contained herein. <br />e. Plant materials severely damaged by pests or diseases will be <br />replaced at Contractor's expense. <br />Weed Control: Contractor shall continuously control weeds at <br />all sites with both pre and post-emergent chemical control. It <br />is intended that all sites will be practically weed-free through <br />this process. Weeds determined by the Projects Manager or <br />designee to be objectionable shall result in a penalty assessed <br />against Contractor for each affected site. Contractor shall <br />25E-35