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<br />02480 - 3/12 <br />manner. If it is determined by the ENGINEER that the CONTRACTOR’s negligence <br />or unworkman-like operations has severely damaged, or poses a threat to, the health <br />of material to be transplanted or already transplanted, then the CONTRACTOR shall <br />be responsible to replace the plant(s) per original Specifications or an equal <br />replacement. <br />F. Negligence can be, but is not limited to, the following list of acts by the <br />CONTRACTOR's: <br />1. Girding trunk and limbs. <br />2. Breaking limbs so as to deform tree. <br />3. Failure to water plants upon initial installation. <br />4. Allowing trees to dry out during the transplant procedure of after installation <br />during the required watering period. <br />5. Providing improper bracing. <br />6. Excessive pruning beyond that approved by the ENGINEER. <br />7. Installing plant at improper planting depth. <br />G. The guarantee shall be null and void for plant material which is damaged or dies as a <br />result of “Acts of Nature” limited to hail, freeze, lightning, winds that exceed hurricane <br />force, and lethal yellowing, or any other non-preventable and incurable plant <br />diseases, providing the plant was in a healthy growing condition prior to these “Acts <br />of Nature”. <br />H. If replacement plant material that meets the requirements of size, quality, and grade <br />cannot be found as a result of freeze or hurricane damage, the CONTRACTOR shall <br />notify ENGINEER, who will recommend one of the following courses of action: <br />1. Do not replace the material, or if the plants have not yet been installed, do not <br />install them. Full credit for plant cost, including installation, based on the <br />proposal values, will be given to the ENGINEER. <br />2. Delay installation of the plant material until material that meets the <br />specifications is available. <br />3. Accept smaller sizes of the native plant material specified, and negotiate any <br />fee adjustment prior to installation. <br />I. The guaranteeing of plant material shall be construed to mean the complete and <br />immediate replacement of plant material within seven (7) calendar days if it is: <br />1. Not in a healthy growing condition and thus renders it below the minimum <br />quality indicated in the Specifications (Florida #1). <br />2. There is a question as to its ability to survive after the end of the guarantee <br />period that would render it below the minimum quality indicated in the <br />Specifications (Florida #1). <br />3. It is dead. <br />J. The seven (7) calendar days may be extended due to seasonal conditions, <br />availability, preparation time such as root pruning, etc., only if approved by the <br />ENGINEER in advance. The extended time shall be negotiated between all parties <br />concerned but must receive final approval by the ENGINEER. After the 7-day <br />replacement period, the CITY may perform the work and charge said <br />CONTRACTOR in accordance with the General Conditions. <br />K. Size, Quality and Grade: