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Page 8 of 24 stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Irrigation All trees shall be properly irrigated to maintain a healthy condition. d) Failure to Perform 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 any other signs of distress shall be inspected by a Certified Arborist. 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 was caused by Contractor 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. 5. Annual Color All areas having existing annual color shall be maintained and rotated four (4) times per year as detailed in Attachment 4. 6. Weeds, Disease and Pest Control a) Weed Control All landscape and hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff remove the weeds that reach two (2) inches or greater and are not be removed within one (1) week of the Director request for removal. The City will deduct its cost including a $150.00 cost for call out from the Contractor's monthly payment. b) Disease and Pest Control (1) The Contractor shall inspect on a weekly basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect or rodent infestation. If any disease, insect or rodent infestation is seen and upon approval of the Director, Contractor shall take appropriate control measures to resolve the problem. (2) If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor's Horticulturist diagnosing the plant and implementing efforts to save the plant, the City will assume said plant death was caused by the Contractor. Contractor will be required to replace the plant with like species and size at no extra cost to the City.