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abrasion and cell elongation. The tops of all tree stakes shall be removed <br />approximately three (3) inches above the highest tie to reduce abrasion of main <br />or lateral branches of the tree. <br />c) Mulching of Bare Areas <br />In designated tree ring areas where bare soil is visible the Contractor shall apply <br />an approved mulch size 0" to 1 '' /I ", '' /z" thick minimum every other month <br />starting in January during the third week as necessary to maintain uniform and <br />complete coverage. Mulch is to be maintained within its boundaries. <br />d) Fertilization <br />(1) Cycad and Palms shall be fertilized two (2) times per year in March and <br />September with Nutricote 13 -5 -11 total 3 -stage controlled release palm <br />fertilizer at the manufacturer's recommended rate. <br />e) 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 />0 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 any other signs of distress shall be <br />inspected by a Certified Arborist approved by the Director. 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 />21 <br />