2021_05-25_PWETCpacket - Laserfiche WebLink

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The Contractor shall agree, iH a4 itie . to aR eta.,... _,....,.a:,.s ailab] ,. to ti.,. 9:.., that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor fulfilling its obligations listed in subsequent L4 through W below: A. Failure to respond to legitimate service complaints within twenty-four (24) hours in a reasonable and professional manner — $50 per incident. B. Failure to collect properly notified missed collections — $250 per incident. C. Failure to collect properly notified Partial Dumps— $250 per incident. D. Failure to leave an education tag when Non -Targeted Materials are included and observed in the cart— $100 each incident E. Failure to collect Walk -Up Service accounts due to severe weather or driveway surface conditions for more than two consecutive collection events after conditions permit access —$250 per incident. F. For each witnessed report of a driver dropping the Recycling cart when the bottom of the cart is more than four feet above the ground — $50 per incident. G. For each incident of the Contractor failing to pickup material on a block. A missed block is defined as one side of a street between cross streets or an entire cul-de-sac where residents from at least three households on that street report that they had their material out before 7 a.m., the material was not picked up, and the Recyclables were properly sorted — $500 per incident. H. For each incident of failure to complete collection of a collection zone on its designated day as defined in Exhibit A, Recycling Zones Map, when the Contractor has not received an extension of collection hours from the Recycling Coordinator or designated alternate — $1,000 per incident. I. Failure to complete a fifty percent (50%) of the Recycling Zone—$2,500 per incident. J. Failure to complete the collections within the specified timeframes without proper notice to the City— $100 per incident. K. Recycling carts without recycling symbols or labels that include text and graphics depicting what materials may be placed in the carts, and not replacing tom, dirty, unreadable labels — $100 per incident. Commented [AG11: No, liquidated damages are by definition a substitute for the actual damages that a non -breaching party may recover as a result of the breach, regardless of the actual damages ultimately suffered. Commented [AG2]: Revise to reflect actual subsections if some of the proposed obligations are deleted.