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Page 10 7.5.Non-Completion of Collection and Extension of Collection Hours If the Contractor determines the Collection of materials will not be completed by 8:00 p.m. on the scheduled Collection day, the Contractor shall notify the City by 3:30 p.m., and request an extension of the Collection hours. The Contractor shall inform the City of areas not completed, the reason for non-completion, and the expected time of completion. The Contractor may be charged Liquidated Damages for failure to notify the City. 7.6.Non-Completion of Collection Due to Weather Conditions The Contractor may postpone Collection due to severe weather at the sole discretion of the Contractor. “Severe Weather” shall include, but shall not be limited to, those cases in which snow, sleet, ice or cold, or in which the t empe rature might jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions. If Collections are postponed, the Contractor shall notify the City via telephone and email by 7:00 a.m. or later if weather conditions change requiring postponement of collection for the remainder of the day. Upon postponement, the Contractor will make Collections one day after the regularly scheduled day if possible and so long as weather conditions allow. The Contractor shall communicate to all Customers that have had their Collection postponed due to a severe weather event. Designated City staff shall also be contacted at the same time with the same communication as Customers as another means of communicating about the severe weather event. 7.7.Manner of Collection The Collection shall, at no time, create a nuisance or become injurious to the public health of persons living or working either within or outside the corporate limits of the City. 7.8.Returning Carts to Collection Point The Contractor shall return carts to the designated Collection point as set out by the Customer at each location unless the Customer has set the cart in the street, alley, or on the sidewalk. The Contractor shall return the cart with the lid closed and in a standing position. 7.9.Ownership of Materials All materials, placed for Collection, remain the responsibility and ownership of the Customer until handled by Contractor at which point they become the responsibility and ownership of the Contractor. 7.10.Missed Pickups The Contractor may be charged Liquidated Damages for non-compliant missed pickups, area-wide missed pickups, and administrative non-compliance, in accordance with Liquidated Damages. 7.11.City Retains Right to Specify Preparation Instructions The Contractor agrees that it is the City’s sole right to clearly specify the material preparation and setout requirements and such specifications shall be reasonable for Contractor’s operations. The City will consult with the Contractor before finalizing these requirements. At the City’s discretion, such information will be included in the City’s education material. 125