99-24 Exhibit to Temporary Extension Agreement.pdf

and Township Township Official Official complaints complaints on on anan as as needed needed basis. basis. 2.18.4(a) Should 2.18.4(a) Should additional additional inspections inspections be be required required as as outlined outlined herein, herein, the the Contractor Contractor shall be shall be billed billed at at the the standard standard inspection inspection rates rates as as indicated indicated herein herein or or an an hourly hourly rate rate of

hourly rate rate of of $185.00/hour for $185.00/hour for each each such such inspection inspection that that exceeds exceeds 2.0 2.0 hours hours inin length; length; whichever whichever sumsum isis greater and greater and shall shall pay pay all all ancillary ancillary costs costs associated associated with such an with such an inspection inspection including, including, but but not limited not limited to, to, travel travel time time atat the the above above rate rate and

the above above rate rate and and mileage mileage at at $.565/mile. $.565/mile. 2.18.5 The 2.18.5 The Operator Operator agrees agrees toto place place into into escrow escrow the the sum sum of of $25,000 $25,000 to to cover cover the the cost cost of of inspections as inspections as outlined outlined herein. herein. When When the the escrow escrow fund fund falls falls below below $20,000, $20,000, the the Operator Operator agrees

Operator agrees agrees to replenish to replenish the the escrow escrow fund fund to to restore restore the the balance balance of of the the escrow escrow fund fund back back to to $25,000. $25,000. 2.18.6 The 2.18.6 The Operator Operator agrees agrees that that any any remaining remaining amounts amounts in in the the escrow escrow funds funds will be returned will be returned to to the Operator the Operator within within thirty thirty (30) (30) days days from from the the termination termination of

from the the termination termination of of the the Agreement. Agreement. 2.19 LIQUIDATED 2.19 LIQUIDATED DAMAGES DAMAGES 2.19.1 2.19.1 The parties The parties acknowledge acknowledge that that in in the the event event of of aa default default inin performance performance by by thethe Contractor(s), it Contractor(s), it is is foreseeable foreseeable thatthat the the Township Township of of West West Orange Orange will will suffer suffer damages damages for for which which itit is is entitled entitled to to be be compensated. compensated. Certain of Certain of these these damages damages may may bebe reasonably

these damages damages may may bebe reasonably reasonably ascertained. ascertained. Others shall Others shall consist consist of of intangible intangible losses losses which which are are difficult difficult to to accurately accurately calculate calculate andand assess, assess, including, but including, but notnot limited limited to, to, revenue revenue losses losses andand general general and and administrative administrative costs. costs. ForFor these these intangible losses, intangible losses, in in the the event event the the Operator Operator failsfails to to satisfactorily

the Operator Operator failsfails to to satisfactorily satisfactorily comply comply with with all all of of the the terms terms and and conditions of conditions of these these bid bid specifications, specifications, the the Operator Operator shallshall bebe liable liable for, for, and and the the Town Town may may assess, assess, the below the below listed listed sums sums as as Liquidated Liquidated Damages. Damages. 2.19.2 Liquidated 2.19.2 Liquidated Damages

quidated Liquidated Damages. Damages. 2.19.2 Liquidated 2.19.2 Liquidated Damages Damages shall shall bebe assessed assessed based based on on the the findings findings of of the the Environmental Environmental Compliance Officer Compliance Officer during during the the course course of of inspections inspections ofof each each ofof the the recycling recycling areas areas outlined outlined within the scope within the scope of of this this RFP. RFP. Assessments shall be Assessments shall be made made within the confines within the confines ofof the the following following procedures: procedures: 2.19.2(a) The 2.19.2(a) The Environmental Environmental

following procedures: procedures: 2.19.2(a) The 2.19.2(a) The Environmental Environmental Compliance Compliance Officer Officer will provide aa written will provide written Notice Notice ofof Deficiency to the Operator outlining the operational violation requiring attention, the Deficiency to the Operator outlining the operational violation requiring attention, the 27 27

recommended corrective recommended corrective action action and and the the time time period period within within which such correction which such correction shall shall be made. be made. 2.19.2(b) Failure 2.19.2(b) Failure to to correct correct said said findings findings within the grace within the grace period period shall shall result result inin an an assessment of assessment of damages damages from from the the date date of of the the finding finding to to the the date date of of final final correction.