Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of others, failure to achieve City water quality requirements will result in assessment by the City of operational liquidated damages of $3,000 for the initial occurrence. Failure to correct operations and return to achievement of these requirements within three (3) months of the initial failure shall result in assessment of additional operational liquidated damages of $1,000. Each quarter thereafter operational liquidated damages of $1,000 per quarter for which the Concessionaire does not return to or maintain compliance with City water quality requirements will apply. If a year passes without the Concessionaire returning to compliance with the requirements, additional operational liquidated damages of $6,000 will be assessed and any further quarterly operational liquidated damages will be doubled. Both quarterly and annual operational liquidated damages amounts will remain at these higher levels each and every time operational liquidated damages are assessed by the City following the initial occurrence. Such operational liquidated damages will be in addition to any penalties, fines, or other obligations levied by regulatory agencies for which the Concessionaire shall be responsible in accordance with the Agreement.
Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of others, failure to achieve Partnership for Safe Water goals will result in assessment by the City of initial operational liquidated damages of $3,000. Failure to correct operations and return to achievement of these goals within three (3) months of the initial failure shall result in an assessment of additional operational liquidated damages of $1,000. Each quarter thereafter operational liquidated damages of $1,000 per quarter for which the Concessionaire does not return to or maintain compliance with Partnership for Safe Water goals will apply. If a year passes without the Concessionaire returning to compliance with the requirements, operational liquidated damages of $6,000 will be assessed, and any further quarterly operational liquidated damages assessments will be doubled. Both quarterly and annual operational liquidated damages amounts will remain at these higher levels each and every time operational liquidated damages are assessed by the City following the initial occurrence.
Operational Liquidated Damages. Failure to achieve regulatory water quality requirements will result in assessment by the City of initial operational liquidated damages of $5,000, in addition to any penalties assessed by regulatory or oversight agencies. Failure to correct operations and return to compliance with regulatory water quality requirements within 1 month of the initial failure shall result in an additional assessment by the City of operational liquidated damages of $5,000. Operational liquidated damages of $5,000 per month will be assessed by the City for each additional month for which the Concessionaire does not return to or maintain compliance with regulatory requirements.
Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of others, such as a broken main, in addition to fines and other actions by regulatory agencies resulting from a boil water advisory, operational liquidated damages of $5,000 will be assessed by the City for the first occurrence. The City will assess additional operational liquidated damages of $8,000 for a second occurrence within a period of 24 consecutive months, and the City will assess additional operational liquidated damages of $10,000 for a third occurrence within 48 consecutive months. In the event of a boil water advisory, the Concessionaire shall also provide to the City, within 24 hours, a verbal report indicating the cause or likely cause of the issue and corrective actions. The Concessionaire shall continue to update the City until the problem has been resolved. A summary of the cause of the problem, corrective actions, and preventive actions shall be included in the next monthly operating report.
Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of others, failure to achieve leak detection and water audit requirements as defined herein shall result in assessment by the City of operational liquidated damages of $3,000 for the initial occurrence. Additional operational liquidated damages of $1,000 will be assessed by the City if the leak detection and water audit requirements are not on schedule within three (3) months following the end of the year, and for each additional three (3) month period that the Concessionaire fails to achieve schedule recovery. If the work has not been completed for the current and preceding year, operational liquidated damages of $6,000 will apply and quarterly operational liquidated damages assessments will be doubled. Both quarterly and annual operational liquidated damages will remain at these higher levels each and every time operational liquidated damages are assessed by the City following the initial occurrence.
Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of other, failure to achieve annual valve exercise requirements shall result in operational liquidated damages of $3,000. Additional operational liquidated damages of $1,000 will be assessed by the City if the valve exercise program is not on schedule within three (3) months following the end of the year and for each additional three (3) month period that the Concessionaire fails to achieve valve exercise schedule recovery. If the required number of valves have not been exercised for the current and preceding year, operational liquidated damages of $6,000 will apply and quarterly operational liquidated damages will be doubled. Both quarterly and annual operational liquidated damages will remain at these higher levels each and every time operational liquidated damages are assessed by the City following the initial occurrence. The City will assess the Concessionaire operational liquidated damages of $500 for each valve identified as requiring repair or replacement that is not appropriately repaired or replaced within one (1) year of identification of the maintenance or replacement need.
Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of other, failure to achieve annual hydrant maintenance requirements shall result in operational liquidated damages of $3,000. Additional operational liquidated damages of $1,000 will be assessed by the City if the hydrant exercise program is not on schedule within three (3) months following the end of the year and for each additional three (3) month period. If the required number of hydrants have not been inspected, exercised, and maintained for the current and preceding year, operational liquidated damages of $6,000 will apply and quarterly operational liquidated damages will be doubled. Both quarterly and annual operational liquidated damages will remain at these higher levels each and every time operational liquidated damages are assessed by the City following the initial occurrence. Failure to repair or replace hydrants identified as inoperable within six (6) months of identification will result in operational liquidated damages of $500 per hydrant.
Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of others, failure to achieve annual pipeline replacement requirements shall result in an assessment by the City of operational liquidated damages of $5,000. Additional operational liquidated damages of $1,000 will be assessed by the City if the main replacement program is not on schedule within three (3) months following the end of the year and for each additional three
Operational Liquidated Damages. Based on the number and frequency of odor complaints and verification of the validity of the complaints, operational liquidated damages will be assessed in an amount up to $2,000 per occurrence. The City shall advise the Concessionaire of the basis for the operational liquidated damages.
Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of others, failure to clean and televise 55,000 LF of sanitary sewer pipe annually will result in operational liquidated damages of $3,000. Additional operational liquidated damages of $1,000 will be assessed by the City if the cleaning and televising program is not on schedule within three (3) months following the end of the year and for each additional three (3) month period that the concessionaire fails to recover the program schedule. If the required length of sewer pipe has not been cleaned and televised for the current and preceding year, operational liquidated damages of $6,000 will apply and quarterly operational liquidated damages will be doubled. Both quarterly and annual operational liquidated damages will remain at these higher levels each and every time operational liquidated damages are assessed by the City following the initial occurrence.
