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a. Contractor at its expense shall remove spillage resulting from hauling operations along <br />or across any public traveled way immediately. <br />b. Contractor shall take appropriate steps such as watering to prevent airborne dust due to <br />work under this Agreement. Contractor shall remove and dispose daily at its cost, off- <br />site of: debris, waste and rubbish from the work area and the construction site. <br />Contractor shall supply its own water. <br />c. The Contractor shall contact U.S.A North (811) prior to starting any work and be solely <br />responsible for the protection and care of previously installed underground utilities, <br />including, but not limited to, storm drains, sanitary sewers, water mains, utility ducts, <br />and appurtenant structures, underlying the right of way improvements to be <br />constructed. For locations within or close to Caltrans right-of-way, the Contractor shall <br />contact Caltrans inspector for assistance in locating underground utilizes, as Caltrans is <br />not a U.S.A. member. <br />d. Damage to existing structures, facilities, trees, lawns, shrubs, pavements, or other <br />property caused by the Contractor shall be restored to original condition at the <br />Contractor's expense, prior to final inspection and acceptance. <br />e. In the event that street trees or their roots have been damaged, the Contractor agrees <br />that it shall be liable for and pay to the City liquidated damages of $100.00 per inch of <br />damage. Measurement of the damage shall be the width of the wound measured across <br />the grain at the widest point. Liquidated damages shall be paid to the City and deposited <br />to the Tree Planting Fund. City will not deduct liquidated damages owed and unpaid <br />from monies due or that may become due to the Contractor. In any instance, should the <br />damage to the tree be evaluated to be a total loss where the tree is found to be dead, <br />structurally unsound, or unstable, the Contractor shall be responsible for the full value <br />of the tree as determined by the City's project manager. <br />f. The Contractor shall be responsible to make sure there is no illicit discharge into the <br />storm drain system at any time at work sites. <br />II. Payment Terms <br />Contractor shall provide the services outlined above on a per unit basis not to exceed $750,000. <br />Contractor shall invoice City for work performed per the unit schedule as delineated below. <br />Unit prices are all-inclusive and include but are not limited to travel, mobilization, traffic <br />control, materials, trucks, labor, notifications, material disposal, etc. <br />REV: 02-08-19 EI <br />Page 10 of 11 <br />ATTY/AGR.2019.034/Bay Area Paving/Concrete/Asphalt <br />