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9. Maintain rotective tree fencin dama ed b the Work meet h r i <br /> t e e u rements that <br /> P 9 9 Y q <br /> -are shown on City Standard Tree Protection Drawing E-97 and comply with all City <br /> Tree Protection Standards. . <br /> 10. Provide the necessary erosion prevention measures for all of the Work performed to <br /> be in compliance with EC 6.630(2) and Administrative Rule R-6.645. The intent of <br /> those provisions is to ensure that construction related activities prevent or minimize <br /> erosion, sedimentation, and other storm water related problems: <br /> 11. Discard ground water extracted from the Work in an acceptable manner without <br /> damage to adjacent property, City's storm water system, water features, and related <br /> natural resources. <br /> 12. Be responsible for all damage by the Work to public or private property resulting from <br /> EWEB's failure to properly protect people and property while carrying out the Work. <br /> EWEB will take care when working around shallow sewer laterals. <br /> CITY AGREES TO: <br /> 1. Allow EWEB to access areas of Elmira Road needed to perform the Work during the <br /> Project. <br /> 2. Allow EWEB to perform the Work under City Contract traffic control measures <br /> (TCM), per the agreed upon schedule within the Project. <br /> 3. Remove the existing pavement within the Project limits, excavate the trench and <br /> leave it open for EWEB water line installation. <br /> 4. Periodically monitor operations performed by EWEB to see that the Work is <br /> performed according to Project Specifications. The City may require changes in <br /> .construction technique or workmanship if it does not conform to the Project Plans <br /> and Specifications. <br /> 5. Submit billings to EWEB for all actual extra costs based on bid items to the <br /> City for the Project, for additional engineering costs attributable to City making <br /> accommodations for EWEB to perform its-Work within the City Project site and <br /> any costs associated with delays attributed to EWEB. <br /> AGREEMENT PROVISIONS <br /> No Third Party Beneficiaries: EWEB and City. are the only parties to this agreement and <br /> are the only parties entitled to enforce its terms. Nothing in this agreement gives or provides <br /> any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such , <br /> third persons are individually identified by name in this agreement and expressly described <br /> as intended beneficiaries. <br /> <br /> Ownership of Work: The Parties agree that the water infrastructure constructed for this <br /> project is the property of EWEB. Nothing herein shall be construed as transferring any <br /> <br /> ownership or right of EWEB property to City or City's Contractor. <br /> <br />