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July 2024 Page 24 City of San Leandro Post Collection C. Substitute Scales. If any scales are inoperable, being tested, or otherwise unavailable, Contractor 914 or its Subcontractor shall use reasonable business efforts to weigh vehicles on the remaining 915 operating scales. To the extent that all the scales are inoperable, being tested, or otherwise 916 unavailable, Contractor shall substitute portable scales until the permanent scales are replaced or 917 repaired. Contractor or its Subcontractor shall arrange for any inoperable scale to be repaired as 918 soon as possible and, in any event, within seventy-two (72) hours (excluding Holidays) of the failure 919 of the permanent scale. If repairs to the permanent scale are projected to take more than twelve 920 (12) hours, Contractor or its Subcontractor shall immediately obtain a temporary substitute scale(s). 921 Contractor or its Subcontractor shall provide back-up generator(s) capable of supplying power to 922 the scales in the event of a power outage. 923 D. Estimates. Pending substitution of portable scales or during generator outages, Contractor or its 924 Subcontractor shall estimate the Tonnage of City Delivered Materials delivered to the Approved 925 Facility(ies) by utilizing the arithmetic average of each vehicle’s recorded Tons of the City Delivered 926 Materials delivered on its preceding three (3) deliveries, on the same calendar day of the week, to 927 the Approved Facility(ies). Contractor or its Subcontractor shall continue to record all information 928 required by this Section 5.2.8 for each delivery of City Delivered Materials to the Approved 929 Facility(ies) and each Transported load of City Delivered Materials during any period the scales are 930 out of service. 931 E. Testing. Contractor or its Subcontractor shall test and calibrate all scales in accordance with 932 Applicable Law, but at least every twelve (12) months. Upon City request, Contractor or its 933 Subcontractor shall promptly provide City with copies of test results. Contractor or its Subcontractor 934 shall further test and calibrate any or all scales within three (3) Working Days of City direction. If 935 test results indicate that the scale or scales complied with Applicable Law, City shall reimburse 936 Contractor the direct costs of the tests. If the test results indicate that the scale or scales did not 937 comply with Applicable Law, Contractor shall bear the costs thereof and Contractor shall at its own 938 cost adjust and correct, consistent with the results of that test, all weight measurements recorded 939 and Per-Ton Rates calculated, charged, and paid, as the case may be, from the date of City’s 940 direction. 941 F. Weighing Standards and Procedures. Contractor or its Subcontractor shall use the Approved 942 Facility’s(ies’) entry scale(s) located at the scale house to weigh vehicles and charge Per-Ton Rates. 943 Contractor or its Subcontractor scale house personnel shall be responsible for inspecting City 944 Delivered Materials delivered to the Approved Facility(ies). Contractor shall charge the Per-Ton Rate 945 approved by the City for each material type delivered by the Collection Contractor. The total rate 946 charged per load of City Delivered Material shall be based on the material type and the total 947 Tonnage of City Delivered Materials in the Collection Contractor’s vehicle. Contractor or its 948 Subcontractor shall weigh and record inbound weights of all Collection Contractor’s vehicles when 949 the vehicles arrive at the Approved Facility(ies) and weigh and record outbound weights of vehicles 950 for which Contractor or its Subcontractor does not maintain tare weight information. Contractor or 951 its Subcontractor shall provide each driver a receipt showing the date, time in, time out, Facility 952 name and address, ticket number, operator identification, customer number, payment method, 953 vehicle identification, waste origination, total amount due, a description of weight codes where 954 applicable, material types, gross weight, tare weight, net weight, and quantity, of each material type 955 of City Delivered Materials that the vehicle delivered to the Approved Facility(ies) and the Per-Ton 956 Rate charged therefore. 957 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B