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4.Tree Measurement Trees will be measured at 4 feet off ground level.Those trees forking below the 4 foot mark will be measured directly below the union and can be considered one tree. 5.Delay Penalty If the removal work is not completed within the given deadline of 20 days; 30 days for stumps, (allowing for excusable delays), a sum of $25.00 per day per list may be deducted from the payment. 6.Protection and Restoration of Property The Contractor shall not enter upon private property without having previously obtained permission from the Owner. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, driveways, sidewalks, etc.; all water, sewer, gas lines; all conduits; all overhead pole lines or appurtenance thereof; and all other public or private property along or adjacent to the work. Any adjacent shrubs, trees or other growth receiving or sustaining breakage, injury or other damage during the removal project shall be given remedial or corrective treatment, and cleanup. The Contractor shall notify the proper representative of any public utility forty-eight (48) hours corporation and company or individual, not less than in advance of any work which might damage or interfere with the operation of their Gopher State One Call utilitiesor property along or adjacent to the workzone. telephone number 1-800-252-1166. The Contractor shall be responsible for all damages or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method of executing the work, or due to non-execution of the work, or at any time due to defective work or materials. The Contractor shall restore, or have restored at his/her own cost and expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall make good such damage, or injury in a manner acceptable to the Owner and the City. The City shall be indemnified and held harmless from any suit, or expense claim brought for or on account of any damage, maintenance, removal and/or replacement or relocation of mains, conduits, pipes, poles, wires, cables or such other structures of private utility firms, or corporation, whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. 36 Page of