Common use of Spillage Clause in Contracts

Spillage. The successful Proposer shall exercise care to prevent spilling, leaks, and littering. The successful Proposer shall ensure all materials hauled are contained, tied, or enclosed to prevent spilling, leaking, and littering. The successful Proposer shall immediately pick-up and clean-up all spills, leaks (including hydraulic fluid leaks), and litter resulting from successful Proposer’s vehicles, or by successful Proposer’s employees or subcontractor while performing services under this Agreement. Each vehicle shall be equipped with the proper tools to adequately clean up any spillage. It is understood and agreed that the Service Provider shall not be required to clean-up, collect, or dispose of any loose or spilled Municipal Solid Waste or Construction and Demolition Waste not caused by the Service Provider's rendering of the Services, or be required to collect and dispose of any excess Municipal Solid Waste or Construction and Demolition Waste placed outside of the Containers by any Commercial, Roll-Off, or Residential Unit. The Service Provider shall report the location of such conditions to the City so that the City can issue proper notice to the owner or occupant of the Commercial, Roll-Off, or Residential Unit instructing the owner or occupant to properly contain such Municipal Solid Waste or Construction and Demolition Waste. Should excess Municipal Solid Waste or Construction and Demolition Waste continue to be placed outside of the Containers, the City shall require the Commercial, Roll-Off, or Residential Unit to increase the frequency of collection of such Municipal Solid Waste or Construction and Demolition Waste, or require the Commercial, Roll-Off, or Residential Unit to utilize a Container with sufficient capacity so that the excess Municipal Solid Waste or Construction and Demolition Waste will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Section 10 of this Agreement, and shall be entitled to receive an extra collection charge for each additional Container requiring an extra collection. SECTION 18 (of 38) NON-COLLECTION NOTICE AND FOLLOW-UP

Spillage. The successful Proposer All loads collected by the Contractor shall exercise care be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers and tippers on all collection vehicles shall be operated so as to prevent spillingany blowing or spillage of materials. Any blowing or spillage of materials either caused by Contractor or that occurs during collection shall be immediately cleaned up by the Contractor at Contractor’s expense. Prior to any collection vehicle leaving a collection route and/or operating on any roads with a speed limit higher than 25 miles per hour, leaksContractor shall completely close any collection vehicle openings where materials may blow out, and littering. The successful Proposer shall ensure all thoroughly inspect for and contain any collected materials hauled are contained, tied, or enclosed inadvertently spilled on top of the collection vehicle to prevent spillingrelease or littering this material. Spillage not immediately cleaned up shall be cause for performance fees, leakingas described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry regularly-maintained and fully-functional spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers and littering. The successful Proposer shall immediately pick-up and other similar materials sufficient to contain, control and, for minor events, appropriately clean-up any spillage or release of wind-blown materials, litter, or leaks of Contractor vehicle fluids or leachate. The Contractor shall notify the City via e-mail within two hours of any major spill or any spill that leaves a noticeable stain on City Roads or private property. Spill kits shall also include employee spill containment instructions and procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract. Prior to operating any vehicle in the City, all spillsContractor vehicle drivers shall be provided with hands-on training on the location, leaks (including hydraulic fluid leaks)maintenance, and litter resulting from successful Proposer’s vehicles, or by successful Proposer’s employees or subcontractor while performing services under this Agreementuse of spill kits and associated containment and notification procedures. Each vehicle Such training shall be equipped with the proper tools provided to adequately clean up any spillageall vehicle drivers at least annually. It is understood All Drop-Box loads (both open and agreed that the Service Provider shall not be required to clean-up, collect, or dispose of any loose or spilled Municipal Solid Waste or Construction and Demolition Waste not caused by the Service Provider's rendering of the Services, or be required to collect and dispose of any excess Municipal Solid Waste or Construction and Demolition Waste placed outside of the Containers by any Commercial, Roll-Off, or Residential Unit. The Service Provider shall report the location of such conditions to the City so that the City can issue proper notice to the owner or occupant of the Commercial, Roll-Off, or Residential Unit instructing the owner or occupant to properly contain such Municipal Solid Waste or Construction and Demolition Waste. Should excess Municipal Solid Waste or Construction and Demolition Waste continue to be placed outside of the Containers, the City shall require the Commercial, Roll-Off, or Residential Unit to increase the frequency of collection of such Municipal Solid Waste or Construction and Demolition Waste, or require the Commercial, Roll-Off, or Residential Unit to utilize a Container with sufficient capacity so that the excess Municipal Solid Waste or Construction and Demolition Waste will be regularly contained. The Service Provider compactor) shall be compensated for these additional Services as provided for in Section 10 properly and thoroughly covered or tarped to prevent any spillage of this Agreement, and shall be entitled material prior to receive an extra collection charge for each additional Container requiring an extra collection. SECTION 18 (of 38) NON-COLLECTION NOTICE AND FOLLOW-UPContractor vehicle entering any Private Road or Public Street.

Spillage. The successful Proposer All loads collected by the Contractor shall exercise care be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to prevent spillingthe occurrence of unnecessary blowing, leaksleakage, and litteringor spillage. Any leakage or spillage of materials upon the road surface or exposed appurtenances that occurs during collection shall be immediately cleaned up or removed by the Contractor at its sole expense. Any associated spillage or leakage entering the City’s municipal storm system shall be cleaned to the extent possible by the Contractor’s staff. The successful Proposer Contractor shall ensure all materials hauled be responsible for the City’s costs in the event that City staff or contractors are contained, tied, required for spill containment or enclosed cleaning due to prevent spilling, leaking, and litteringthe Contractor’s action. The successful Proposer Contractor shall immediately pick-up document the fluid leakage, including taking pictures before and after clean-up all spills, leaks (including hydraulic fluid leaks)or removal, and litter resulting from successful Proposer’s vehiclesshall provide this documentation to the City. Leakage or spillage not immediately cleaned up or removed by the Contractor shall be cause for performance fees, as described in Section 6.1 and may be subject to fines pursuant to City municipal code. Should a leakage or spillage occur during collection, the Contractor shall notify the designated City contact and expressly acknowledges it is solely responsible for any local, state, or by successful Proposer’s employees federal violations, which may result from said leakage or subcontractor while performing services under this Agreement. Each vehicle shall be equipped with the proper tools to adequately clean up any spillage. It Any leakage or spillage of materials that occurs during collection that is understood and agreed that the Service Provider shall not be required to clean-up, collect, reported by Customers or dispose of any loose or spilled Municipal Solid Waste or Construction and Demolition Waste not caused by the Service Provider's rendering of the Services, or be required to collect and dispose of any excess Municipal Solid Waste or Construction and Demolition Waste placed outside of the Containers by any Commercial, Roll-Off, or Residential Unit. The Service Provider shall report the location of such conditions to the City so that the City can issue proper notice to the owner or occupant of the Commercial, Roll-Off, or Residential Unit instructing the owner or occupant to properly contain such Municipal Solid Waste or Construction and Demolition Waste. Should excess Municipal Solid Waste or Construction and Demolition Waste continue to be placed outside of the Containers, the City shall require be immediately cleaned up or removed by the Commercial, Roll-Off, or Residential Unit to increase the frequency of collection of such Municipal Solid Waste or Construction and Demolition Waste, or require the Commercial, Roll-Off, or Residential Unit to utilize a Container with sufficient capacity so that the excess Municipal Solid Waste or Construction and Demolition Waste will be regularly containedContractor at its sole expense. The Service Provider Contractor shall document the reported leak or spillage, who reported the incident, and measures made to correct the incident and report this information via e-mail to the Contract administrator within three (3) hours. Failure of the Contractor to comply shall be compensated cause for these additional Services performance fees, as provided for described in Section 10 of this Agreement, and 6.1. Any Contractor-supplied Container determined by the City to be leaking shall be entitled replaced by the Contractor within twenty-four (24) hours of notification from the City. Failure of the Contractor to receive an extra collection charge comply shall be cause for each additional Container requiring an extra collection. SECTION 18 (of 38) NON-COLLECTION NOTICE AND FOLLOW-UPperformance fees, as described in Section 6.1.

Spillage. The successful Proposer All loads collected by the Contractor shall exercise care be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to prevent spillingthe occurrence of unnecessary blowing, leaksleakage, and litteringor spillage. Any leakage or spillage of materials upon the road surface or exposed appurtenances that occurs during collection shall be immediately cleaned up or removed by the Contractor at its sole expense. Any associated spillage or leakage entering the City’s municipal storm system shall be immediately cleaned by Contractor staff, to the extent possible. The successful Proposer Contractor shall ensure be responsible for all materials hauled City’s costs in the event that City staff or contractors are contained, tied, required for spill containment or enclosed cleaning due to prevent spilling, leaking, and litteringthe Contractor’s action. The successful Proposer Contractor shall immediately pick-up document the fluid leakage, including taking pictures before and after clean-up all spills, leaks (including hydraulic fluid leaks)or removal, and litter resulting from successful Proposer’s vehiclesshall provide this documentation to the City. Leakage or spillage not immediately cleaned up or removed by the Contractor shall be cause for performance fees, as described in Section 6.1 and may be subject to fines and penalties pursuant to City municipal code. Should a leakage or spillage occur during collection, the Contractor shall notify the designated City contact. Contractor expressly acknowledges it is solely responsible for any local, state, or by successful Proposer’s employees federal violations, which may result from said leakage or subcontractor while performing services under this Agreement. Each vehicle shall be equipped with the proper tools to adequately clean up any spillage. It Any leakage or spillage of materials that occurs during collection that is understood and agreed that the Service Provider shall not be required to clean-up, collect, reported by Customers or dispose of any loose or spilled Municipal Solid Waste or Construction and Demolition Waste not caused by the Service Provider's rendering of the Services, or be required to collect and dispose of any excess Municipal Solid Waste or Construction and Demolition Waste placed outside of the Containers by any Commercial, Roll-Off, or Residential Unit. The Service Provider shall report the location of such conditions to the City so that the City can issue proper notice to the owner or occupant of the Commercial, Roll-Off, or Residential Unit instructing the owner or occupant to properly contain such Municipal Solid Waste or Construction and Demolition Waste. Should excess Municipal Solid Waste or Construction and Demolition Waste continue to be placed outside of the Containers, the City shall require be immediately cleaned up or removed by the Commercial, Roll-Off, or Residential Unit to increase the frequency of collection of such Municipal Solid Waste or Construction and Demolition Waste, or require the Commercial, Roll-Off, or Residential Unit to utilize a Container with sufficient capacity so that the excess Municipal Solid Waste or Construction and Demolition Waste will be regularly containedContractor at its sole expense. The Service Provider Contractor shall document the reported leak or spillage, who reported the incident, and measures made to correct the incident and report this information via e-mail to the Contract administrator within three (3) hours. Failure of the Contractor to comply shall be compensated cause for these additional Services performance fees, as provided for described in Section 10 of this Agreement, and 6.1. Any Contractor-supplied Container determined by the City to be leaking shall be entitled replaced by the Contractor within twenty-four (24) hours of notification from the City. Failure of the Contractor to receive an extra collection charge comply shall be cause for each additional Container requiring an extra collection. SECTION 18 (of 38) NON-COLLECTION NOTICE AND FOLLOW-UPperformance fees, as described in Section 6.1.

Spillage. The successful Proposer All loads collected by the Contractor shall exercise care be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers and tippers on all collection vehicles shall be operated so as to prevent spillingany blowing or spillage of materials. Any blowing or spillage of materials either caused by the Contractor or that occurs during collection shall be immediately cleaned up by the Contractor at the Contractor’s expense. Prior to any collection vehicle leaving a collection route and/or operating on any roads with a speed limit higher than twenty-five (25) miles per hour, leaksthe Contractor shall completely close any collection vehicle openings where materials may blow out and thoroughly inspect for and contain any collected materials inadvertently spilled on top of the collection vehicle to prevent release or littering this material. Spillage not immediately cleaned up shall be cause for performance fees, as described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry regularly-maintained and fully-functional spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers, and littering. The successful Proposer shall ensure all other similar materials hauled are containedsufficient to contain, tiedcontrol and, or enclosed to prevent spillingfor minor events, leaking, and littering. The successful Proposer shall immediately pick-up and appropriately clean-up any spillage or release of wind-blown materials, litter, or leaks of the Contractor vehicle fluids or leachate. The Contractor shall notify the City via e-mail within two (2) hours of any major spill or any spill that leaves a noticeable stain on City Roads or private property. Spill kits shall also include employee spill containment instructions and procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract. Prior to operating any vehicle in the City, all spillsContractor vehicle drivers shall be provided with hands-on training on the location, leaks (including hydraulic fluid leaks)maintenance, and litter resulting from successful Proposer’s vehicles, or by successful Proposer’s employees or subcontractor while performing services under this Agreementuse of spill kits and associated containment and notification procedures. Each vehicle Such training shall be equipped with the proper tools provided to adequately clean up any spillageall vehicle drivers at least annually. It is understood All Drop-Box loads (both open and agreed that the Service Provider shall not be required to clean-up, collect, or dispose of any loose or spilled Municipal Solid Waste or Construction and Demolition Waste not caused by the Service Provider's rendering of the Services, or be required to collect and dispose of any excess Municipal Solid Waste or Construction and Demolition Waste placed outside of the Containers by any Commercial, Roll-Off, or Residential Unit. The Service Provider shall report the location of such conditions to the City so that the City can issue proper notice to the owner or occupant of the Commercial, Roll-Off, or Residential Unit instructing the owner or occupant to properly contain such Municipal Solid Waste or Construction and Demolition Waste. Should excess Municipal Solid Waste or Construction and Demolition Waste continue to be placed outside of the Containers, the City shall require the Commercial, Roll-Off, or Residential Unit to increase the frequency of collection of such Municipal Solid Waste or Construction and Demolition Waste, or require the Commercial, Roll-Off, or Residential Unit to utilize a Container with sufficient capacity so that the excess Municipal Solid Waste or Construction and Demolition Waste will be regularly contained. The Service Provider compactor) shall be compensated for these additional Services as provided for in Section 10 properly and thoroughly covered or tarped to prevent any spillage of this Agreement, and shall be entitled material prior to receive an extra collection charge for each additional Container requiring an extra collection. SECTION 18 (of 38) NON-COLLECTION NOTICE AND FOLLOW-UPContractor vehicle entering any Private Road or Public Street.