Agmt11 Duke's Root Control, Inc.

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GENERAL Duke's Root Control, Inc. (herein, Duke's) will apply licensed root control agents to various main line sanitary sewers, as selected by The City of Redwood City in order to kill the root growth present in the lines and to inhibit root re- growth, without permanently damaging the vegetation producing the roots. Duke's will apply the chemical, as a foam, directly to the roots via a hose that extends throughout the entire length of each sewer section. The material will be applied evenly and uniformly, so as to completely fill the sewer pipe. Duke's will not use "pour down" or sprayed chemicals. Duke's will pump the chemical foam under pressure to assure that the entire sewer section is completely filled with foam, and to assure that foam penetrates "wye" connections. The chemical agent will contain a herbicide to destroy root tissue and a foaming surfactant to deliver the herbicide to the target root growths. Duke's will return periodically (every 4 to 8 months) throughout the life of the guarantee, to examine the treated sewers, and to arrange any free Guarantee work that may arise. Duke's will perform, re- treatments, as may be required at no additional charge, as set forth in the guarantee (see GUARANTEE, page 4). Duke's shall not be responsible for any damages caused by sewer stoppages. Duke's will not use subcontractors for any portion of the work. COMPLIANCE The materials will be EPA registered, labeled for the intended use in sewer lines, and registered with the California Department of Pesticide Regulation. Duke's will comply with all applicable federal, state, and local requirements and ordinances relative to this type of material and usage thereof (OSHA, EPA, DOT and State pesticide regulatory agencies. Chemical handling and treatments will be done by trained, professional applicators that are certified by the State pesticide regulatory agency, as required by law. The U.S. Department of Transportation (DOT) number, necessary for the transportation of root control chemicals, assigned to Duke's is 401961. Duke's adheres to all DOT regulations relative to commercial vehicle numbering, placarding and registration; driver licensing, driver drug testing, and record keeping; and all other pertinent requirements contained in Federal Motor Carrier Safety Regulations. -1 -