206-18 Exhibit to Resolution Authorizing Temporary Extension of Contract with Reliable Wood for Operation of Recycling Center.pdf

2.18.4(a) Should additional inspections be required as outlined herein, the Contractor shall be billed at the standard inspection rates as indicated herein or an hourly rate of $175.00/hour for each such inspection that exceeds 2.0 hours in length; whichever sum is greater and shall pay all ancillary costs associated with such an inspection including, but not limited to, travel time and mileage. 2.18.5 The Operator agrees to place into escrow the sum of $25,000 for the first year of operation to cover the cost of inspections as outlined herein. 2.18.6 The Operator agrees to place into escrow the sum of $20,000 for the second year of the operation and each subsequent year of operation to cover the cost of inspections as outlined herein. i 2.18.7 The Operator agrees to replenish the escrow upon notice by the Township on a pro- i rata basis as a result of excessive complaints having been received and investigated. 2.19 LIQUIDATED DAMAGES | 219.1 The parties acknowledge that in the event of a default in performance by the t Contractor(s), it is foreseeable that the Township of West Orange will suffer damages for | which it is entitled to be compensated. Certain of these damages may be reasonably | ascertained. Others shall consist of intangible losses which are difficult to accurately i calculate and assess, including, but not limited to, revenue losses and general and | administrative costs, For these intangible losses, in the event the Operator fails to ! satisfactorily comply with all of the terms and conditions of these bid specifications, the Operator shall be liable for, and the Town may assess, the below listed surns as Liquidated Damages. Compliance Officer during the course of inspections of each of the recycling areas outlined within the scope of this RFP. Assessments shall be made within the confines of the following procedures: 2.19.2(a) The Environmental Compliance Officer will provide a written Notice of Deficiency to the Operator outlining the operational violation requiring attention, the recommended corrective action and the time period within which such correction shall be made. 2.19.2(b) Failure to correct said findings within the grace period shall result in an assesstnent of damages from the date of the finding to the date of final correction. 2.19.3 For failure to maintain the Recycling Convenience Center in a manner consistent

e period shall result in an assesstnent of damages from the date of the finding to the date of final correction. 2.19.3 For failure to maintain the Recycling Convenience Center in a manner consistent with the operating parameters required under NJDEP regulations, up to two hundred fifty dollars ($250.00) shall be assessed per day for each such failure until such time as the Recycling Convenience Center has been made to comply with the facility operating requirements. 2.19.4 For failure of the Operator to comply with applicable laws in connection with solid waste disposal of residual solid waste or other materials that should be removed from the site, up to five hundred ($500.00) for each day in which the failure occurs shall be assessed. 26 ~-----. ~ —2,19.2 Liquidated -Damages.shall..be-assessed—based-on-the-findings of-the- Environmental—-— - --