Complete_with_Docusign_San_Leandro_and_ACI_P

Home

July 2024 Page 23 City of San Leandro Post Collection received by the Collection Contractor provided the evidence is in the form of camera recordings of 872 Collection Contractor’s vehicle(s), scale house records, or other documented timestamp of the 873 Collection Contractor’s arrival and departure times from the Approved Facility(ies). Contractor’s and 874 its Subcontractor’s evidence shall be presented no later than ten (10) Business Days after receipt of 875 Collection Contractor or City’s written notice of Complaint(s). City shall review both Contractor’s, 876 its Subcontractor’s and Collection Contractor’s evidence and provide written notice of the City’s 877 determination that the Complaint was valid or invalid. The Liquidated Damages payment shall be 878 paid in accordance with Section 10.6. 879 E. Consequences for Failure to Meet the Guaranteed Vehicle Turnaround Times. Should Contractor 880 or its Subcontractors fail to meet the guaranteed maximum turnaround times for Collection 881 Contractor’s vehicles described in this Section, Liquidated Damages may be assessed by the City in 882 the amounts stated in Exhibit F unless Contractor or its Subcontractors prove to the reasonable 883 satisfaction of the City that a Complaint regarding a Collection Contractor’s vehicle turnaround time 884 exceeding the guaranteed vehicle turnaround time was not valid pursuant to subsection D above. 885 The liquidated damage amount shall be adjusted annually thereafter by CPI. 886 F. Assessment of Liquidated Damages. The City understands that a failure by Contractor or its 887 Subcontractors to meet the maximum vehicle turnaround time incurs damages upon the Collection 888 Contractor and shall therefore provide notice of its intent to assess Liquidated Damages to the 889 Contractor within sixty (60) Business Days of City becoming aware of the Contractor’s or its 890 Subcontractor’s failure to meet the maximum vehicle turnaround time. The assessment of 891 Liquidated Damages shall be made in accordance with Section 10.6 and collected by City on behalf 892 of the Collection Contractor. 893 5.2.8 Scale Operation 894 A. Maintenance and Operation. Contractor and each of its Subcontractors shall maintain at least two 895 (2) State-certified motor vehicle scales at the Approved Facility(ies) in accordance with Applicable 896 Law. Contractor and/or each Subcontractor shall link all scales to a centralized computer recording 897 and billing system that shall be compatible with Contractor’s systems and account for tracking all 898 incoming and outgoing materials. Contractor and each of its Subcontractors shall operate those 899 scales during the Approved Facility(ies) receiving hours established in Section 5.2.4. Contractor 900 and/or such Subcontractor shall provide City with access to weighing information at all times and 901 copies thereof on the next Working Day following City’s request therefore. 902 B. Tare Weights for Collection Contractor Vehicles. Within thirty (30) calendar days prior to the 903 Commencement Date, Contractor shall coordinate with the Collection Contractor to ensure that all 904 Collection vehicles used by Collection Contractor to Deliver City Delivered Materials to the Approved 905 Facility(ies) are weighed to determine unloaded (“tare”) weights. Contractor shall electronically 906 record the tare weight, identify vehicle as Collection Contractor owned, and provide a distinct 907 vehicle identification number for each vehicle. Contractor shall provide City with a report listing the 908 vehicle tare weight information upon request. Contractor shall promptly coordinate with Collection 909 Contractor to weigh additional or replacement Collection vehicles prior to Collection Contractor 910 placing them into service. Contractor shall check tare weights at least annually, or within fourteen 911 (14) calendar days of a City request and shall coordinate with the Collection Contractor to re-tare 912 vehicles immediately after any major maintenance service on a Collection vehicle. 913 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B