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inches above the highest tie to reduce abrasion of main or lateral <br />branches of the tree. <br />c) Mulching of Bare Areas <br />In designated tree ring areas where bare soil is visible the Contractor <br />shall apply AG Organics, Inc. AG203 Nutri Mulch 2"-3"or approved <br />equal `/z" thick minimum quarterly (every third week of January, April, <br />July, and October) and as necessary to maintain uniform and complete <br />coverage. Mulch is to be removed and completely replaced with fresh <br />mulch every July. <br />d) Hazardous Tree Reporting <br />In the event the Contractor detects any tree displaying roots heaving or <br />girdling (either by roots or a foreign material), leaning, broken or <br />hanging limbs, or if Contractor determines that potential safety hazard <br />may exist Contractor shall notify the Director by phone within twenty- <br />four (24) hours. <br />e) Loss of Trees <br />The Contractor shall be responsible for the complete removal and <br />replacement of any and all trees lost due to the Contractor's failure to <br />perform under this agreement. Failure to perform includes but is not <br />limited to, girdling trees with string trimmers or tree ties, improper <br />planting of new trees, improper pruning/trimming techniques which <br />disfigure or destroy the trees natural integrity and shape, or failure to <br />detect and prevent treatable diseases and insect infestations. <br />All trees that exhibit the signs of disease or pests, or any other signs of <br />distress shall be inspected by a Certified Arborist approved by the <br />Director. Contractor shall provide an exact location and separate <br />evaluation/report for each tree in decline. Contractor shall treat any tree <br />in decline at no additional cost to City. Should the Certified Arborist <br />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 <br />replace the tree. However, should the Certified Arborist determine that <br />the tree's unhealthy condition or death could have been prevented had <br />the Contractor treated the tree then Contractor shall be responsible for <br />the cost of treatment to restore the tree to a healthy condition or replace <br />the tree. The latest American Shade Tree Conference guidelines for <br />value determination will determine the value of the trees lost. <br />By entering into agreement with the City the Contractor acknowledges <br />that they accept the condition of each tree and should a tree go into <br />decline or expire the Contractor agrees to replace the tree with like <br />species and size or agree that the City shall withhold payment equal to <br />the value of the tree. <br />21 <br />