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vehicles in excess of the manufacturer's recommendations or limitations imposed by <br />state or local weight restrictions on vehicles. <br />Contractor equipment used for Refuse, Recycling, and Organics services shall be <br />registered with the California Department of Motor Vehicles. Equipment shall comply <br />with US EPA noise emission regulations, currently codified at 40 CFR Part 205 and <br />other applicable noise control regulations, and shall incorporate noise control features <br />throughout the entire vehicle. Noise levels of equipment used for Collection shall <br />comply with City ordinance and in no event shall the noise level exceed 75 dba when <br />measured at a distance of 25 feet from the vehicle, five feet from the ground. Contractor <br />shall store all equipment in safe and secure locations in accordance with City's <br />applicable zoning regulations. <br />Subject to Section 9.1, Contractor shall be responsible for any damage resulting from or <br />directly attributable to any of its operations, and which it causes to: City's driving <br />surfaces, whether or not paved; associated curbs, gutters and traffic control devices; and <br />other public improvements. <br />F. City Inspection Per Code. City may cause any vehicle used in <br />performance of this Agreement to be inspected and tested at any commercially <br />reasonable time and in such manner as may be appropriate to determine that the <br />vehicle is being maintained in compliance with the provisions of the State Vehicle Code, <br />including, but not limited to, California Vehicle Code Sections 27000(b), 23114, 23115, <br />42030, 42032, and all Vehicle Code Sections regarding smog equipment requirements. <br />City may direct the removal of any vehicle from service if that vehicle is found to be in <br />nonconformance with applicable codes. No vehicle directed to be removed from <br />service shall be returned to service until it conforms with the provisions set forth in this <br />section, and its return to service has been approved by the City. <br />G. Vehicle Inspections. Upon City request, Contractor shall submit the <br />Safety Compliance Report/Terminal Record Update from its Biennial Inspection of <br />Terminal, or BIT. If Contractor receives a terminal rating below satisfactory, the <br />Contractor is in violation of the Agreement. The Contractor has the time allowed by the <br />Department of California Highway Patrol ("CHP") to cure violations and bring the <br />terminal rating up to satisfactory. If the CHP does not adjust the rating to satisfactory <br />or better within six months, then the Contractor shall be considered in default of the <br />contract and the City may terminate the Agreement as provided in Section 11.3. <br />August 17, 2021 72 City of Santa Ana <br />