Conference/Public Meeting Agenda/Documents — Packet

O) O 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. 2.18.7 The Operator agrees to replenish the escrow upon notice by the Township on a pro-rata basis as a result of excessive complaints having been received and investigated. 2.19 LIQUIDATED DAMAGES 2.19.1 The parties acknowledge that in the event of a default in performance by the 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 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 sums as Liquidated Damages. 2.19.2 Liquidated Damages shall be assessed based on the findings of the Environmental: ; ~Coniplianice 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 assessment 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, 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

sessed 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 overs, residual solid waste or other materials that should be removed from the site, the sum of five hundred ($500.00) for each day in which the failure occurs shall be assessed. : 2.19.5 Five thousand dollars ($5000.00) for each incident or event where the Operator receives vegetative material beyond the scope of this RFP; including, but not limited to the receipt of grass clippings or material in excess of that amount permitted under the terms of the RFP and the limited approval of the facility. Each truckload or portion of a truckload shall be considered a separate event. 24