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July 15, 2024 Page 24 City of San Leandro Post Collection C. Substitute Scales. If any scales are inoperable, being tested, or otherwise unavailable, Contractor 912 shall use reasonable business efforts to weigh vehicles on the remaining operating scales. To the 913 extent that all the scales are inoperable, being tested, or otherwise unavailable, Contractor shall as 914 soon as possible substitute portable scales until the permanent scales are replaced or repaired. 915 Contractor shall arrange for any inoperable scale to be repaired as soon as possible and, in any 916 event, within seventy-two (72) hours (excluding Holidays) of the failure of the permanent scale. If 917 repairs to the permanent scale are projected to take more than twelve (12) hours, Contractor shall 918 immediately obtain a temporary substitute scale(s). 919 Contractor shall as soon as possible provide back-up generator(s) capable of supplying power to 920 the scales in the event of a power outage. 921 D. Estimates. Pending substitution of portable scales or during generator outages, Contractor shall 922 estimate the Tonnage of City Delivered Materials delivered to the Approved Facility(ies) by utilizing 923 the arithmetic average of each vehicle’s recorded Tons of the City Delivered Materials delivered on 924 its preceding three (3) deliveries, on the same calendar day of the week, to the Approved 925 Facility(ies). Contractor shall continue to record all information required by this Section 5.2.8 for 926 each delivery of City Delivered Materials to the Approved Facility(ies) and each Transported load of 927 City Delivered Materials during any period the scales are out of service. 928 E. Testing. Contractor shall test and calibrate all scales in accordance with Applicable Law, but at least 929 every twelve (12) months. Upon City request, Contractor shall promptly provide City with copies of 930 test results. Contractor shall further test and calibrate any or all scales within three (3) Working 931 Days of City direction. If test results indicate that the scale or scales complied with Applicable Law, 932 City shall reimburse Contractor the direct costs of the tests. If the test results indicate that the scale 933 or scales did not comply with Applicable Law, Contractor shall bear the costs thereof and Contractor 934 shall at its own cost adjust and correct, consistent with the results of that test, all weight 935 measurements recorded and Per-Ton Rates calculated, charged, and paid, as the case may be, from 936 the date of City’s direction. 937 F. Weighing Standards and Procedures. Contractor shall use the Approved Facility’s(ies’) entry 938 scale(s) located at the scale house to weigh vehicles and charge Per-Ton Rates. Contractor scale 939 house personnel shall be responsible for inspecting City Delivered Materials delivered to the 940 Approved Facility(ies). Contractor shall charge the Per-Ton Rate approved by the City for each 941 material type delivered by the Collection Contractor. The total rate charged per load of City 942 Delivered Material shall be based on the material type and the total Tonnage of City Delivered 943 Materials in the Collection Contractor’s vehicle. Contractor shall weigh and record inbound weights 944 of all Collection Contractor’s vehicles when the vehicles arrive at the Approved Facility(ies) and 945 weigh and record outbound weights of vehicles for which Contractor does not maintain tare weight 946 information. Contractor shall provide each driver a receipt showing the date, time in, time out, 947 Facility name and address, ticket number, operator identification, customer number, vehicle 948 identification, waste origination, total amount due, a description of weight codes where applicable, 949 material types, gross weight, tare weight, net weight, and quantity, of each material type of City 950 Delivered Materials that the vehicle delivered to the Approved Facility(ies) and the Per-Ton Rate 951 charged therefore. 952 G. Records. Contractor shall maintain scale records and reports that provide information including 953 date of receipt, inbound time, inbound weights of vehicles, vehicle identification number, 954 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C