AgdaPkt 2018-03-26 Joint SA PFA - Laserfiche WebLink

Browse Search

REV: 03-16-18 MI ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO Page 59 of 119 Occupants of property served by Contractor, for damages to property including, but 2383 not limited to, Containers. In the event such damage shall have been caused by the 2384 negligence or intentional acts of Contractor, its officers, agents, or employees, 2385 Contractor shall promptly repair or replace such damaged property. The provisions 2386 of this Section 8.02.H shall not be deemed a limitation upon any other provisions of 2387 this Agreement, or any rights or remedies which may accrue to Agency by reason of 2388 Contractor’s acts or omissions to act hereunder. Contractor is required to repair 2389 damage and/or resolve claims regarding damage to property within thirty (30) Days 2390 of receipt of the Complaint. 2391 This Section 8.02.H shall not apply to damage to public or private roads or driveways 2392 caused by the weight of Contractor’s vehicles. If a Customer requests Contractor to 2393 provide on-premises (i.e., non-Curbside) service, and in doing so would require 2394 Contractor to drive its Collection vehicle on a private road or driveway, then, as a 2395 condition to providing that service, Contractor shall require the Customer, property 2396 owner, or other responsible party to sign a reasonable waiver releasing Contractor 2397 from liability for such damage. 2398 I. Litter Abatement 2399 1. Minimization of Spills. If any Solid Waste, Targeted Recyclable Materials, or 2400 Organic Materials are spilled or scattered during Collection or transportation 2401 operations, the Contractor shall promptly clean up all spilled and scattered 2402 materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or 2403 other liquids from being spilled during Collection or transportation operations 2404 including maintenance of the Collection vehicles to minimize and correct any 2405 leaks. Contractor shall ensure that all liquid spills or leaked liquids or fluids are 2406 cleaned up promptly on the same day that they occur. 2407 Contractor shall not transfer loads from one vehicle to another on any public 2408 street, unless it is necessary to do so because of mechanical failure, emergency 2409 (e.g., combustion of material in the vehicle), accidental damage to a vehicle, or 2410 unless approved by the Agency. 2411 2. Clean-Up. During Collection operations, the Contractor shall clean-up litter in 2412 the immediate vicinity of any Container storage area (including the areas where 2413 Containers are delivered for Collection) if Contractor’s actions are the cause of 2414 the litter. Each Collection vehicle shall be equipped with protective gloves, a 2415 broom, and shovel at all times for cleaning up litter. Absorbent material shall be 2416 carried on each Collection vehicle at all times and used by Contractor for 2417 cleaning up liquid spills. The Contractor shall document and discuss instances 2418 of repeated spillage not caused by it with the Customer where spillage occurs, 2419 and Contractor shall report such instances to Agency. If the Contractor has 2420 attempted to have a Customer stop creating spillage but is unsuccessful, the 2421 Agency will attempt to rectify such situation with the Customer. Contractor shall 2422 coordinate with Agency regarding Agency street cleaning activities to minimize 2423 litter. 2424 3. Covering of Loads. Contractor shall cover all open Drop Boxes with an Agency-2425 approved cover, at the Collection location before transporting materials to the 2426 Designated Transfer and Processing Facility. 2427 6.2.B. - Page 72