MARIPOSA LANDSCAPES, INC. (PARK MAINT.) - 2015 3RD AMEND

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e) 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 pests, or any other signs of distress shall be inspected by an International Society of Arborist TRAQ Certified Hazardous Tree Professional approved by the Director's Representative. Contractor shall provide an exact location and separate evaluation /report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. 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 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. 5. Vine Planting, Establishment and Maintenance a) Planting Contractor shall plant 250 per 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. b) Vine Service 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's Representative. The Contractor shall also prune the vine back to the wall to reduce the width and weight of the vine one -time per year in May. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times. 6. Weeds, Disease and Pest Control —All Areas Agricultural pest control services shall be performed by a state licensed /certified agricultural pest control sub - contractor or employee (see Attachment 8). The Contractor shall notify the Director's Representative via email a minimum of 48 hours in advance of any pesticide applications. The required information shall be the name of the company performing the application, the proposed pesticides to be applied listing the manufacturer /name of the pesticide, the rate(s) of application, the reentry period and the Page 18