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4. Tree Measurement <br /> Trees will be measured at 4 feet off ground level. Those trees forking below the 4 <br /> foot mark will be measured directly below the union and can be considered one <br /> tree. <br /> 5. Delay Penalty <br /> If the removal work is not completed within the given deadline of 20 days; 30 <br /> days for stumps, (allowing for excusable delays), a sum of$25.00 per day per list <br /> may be deducted from the payment. <br /> 6. Protection and Restoration of Property <br /> The Contractor shall not enter upon private property without having previously <br /> obtained permission from the Owner. The Contractor shall be responsible for the <br /> preservation of, and shall use every precaution to prevent damage to all trees, <br /> shrubbery, plants, lawns, fences, culverts, bridges, driveways, sidewalks, etc.; all <br /> water, sewer, gas lines; all conduits; all overhead pole lines or appurtenance <br /> thereof, and all other public or private property along or adjacent to the work. Any <br /> adjacent shrubs, trees or other growth receiving or sustaining breakage, injury or <br /> other damage during the removal project shall be given remedial or corrective <br /> treatment, and cleanup. <br /> The Contractor shall notify the proper representative of any public utility <br /> corporation and company or individual, not less than forty-eight (48) hours in <br /> advance of any work which might damage or interfere with the operation of their <br /> utilities or property along or adjacent to the work zone. Gopher State One Call <br /> telephone number 1-800-252-1166. <br /> The Contractor shall be responsible for all damages or injury to property of any <br /> character resulting from any act, omission, neglect, or misconduct in the manner or <br /> method of executing the work, or due to non-execution of the work, or at any time <br /> due to defective work or materials. <br /> The Contractor shall restore, or have restored at his/her own cost and expense, such <br /> property to a condition similar or equal to that existing before such damage or <br /> injury was done, by repairing, rebuilding, or otherwise restoring as may be <br /> directed, or shall make good such damage, or injury in a manner acceptable to the <br /> Owner and the City. <br /> The City shall be indemnified and held harmless from any suit, or expense claim <br /> brought for or on account of any damage, maintenance, removal and/or <br /> replacement or relocation of mains, conduits, pipes, poles, wires, cables or such <br /> other structures of private utility firms, or corporation, whether underground or <br /> overhead, that may be caused or required by the Contractor during the time the <br /> work is in progress. <br /> Page 3 of 5 <br />