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1. Maintenance shall include all watering, weeding, fertilizing, cultivating, spraying, adjustment of guying, staking and pruning necessary to keep plant materials in a healthy vigorous growing condition and keep planted areas neat and attractive. 2. Provide all equipment and means for proper application of water to those planted areas not provided with an irrigation system. C. Replacements: 1. At Final Acceptance, plant material shall be in a healthy growing condition. 2. During maintenance period immediately replace any plants showing weakness and probability of failure with a new, healthy plant of the same type and size, without additional cost to City. 3.09 WARRANTY A. The Contractor shall warranty trees, plants and palms as defined below, after acceptance by the Consultant. Any planting that fails or dies within that period shall be replaced and replanted within (14) days notification from the City without expense to City, provided that the Contractor shall not be held responsible for losses beyond their reasonable control arising from "Acts of God"; acts of vandalism; or loss arising from documented neglect on the part of City to properly care for planting after acceptance. The Warranty period shall begin again for replacement plant material at time of replacement. The following warranty period shall apply: 1. Grass areas in unsightly or damaged condition for a period of 90 days after final acceptance. 2. Shrubs and ground-cover for a period of 18 months after Final Acceptance. 3. Trees and palms for a period of 18 months after Final Acceptance. B. The Contractor shall make periodic reviews of the planting, at no extra cost to City, during the warranty period to determine what changes, if any, should be made in City's maintenance program. Proposed changes shall be submitted, in writing, to the City and, jointly by copy, to the Consultant. C. At conclusion of the warranty period, the Consultant shall make a construction review to determine the condition of planting. Plants that have died or, in the opinion of the Consultant, are in an unhealthy or badly impaired condition for reasons other than vandalism, "Acts of God", or documented neglect by the City, shall be replaced by the Contractor as soon as possible, except that replacement will not be required in any season definitely unfavorable for the kinds of plants involved. END OF SECTION PAGE 126 OF 130 BID No. 08-10-01