Common use of Tipping Fee Clause in Contracts

Tipping Fee. (a) Subject to the provisions of this Agreement and in consideration of the Concessionaire accepting the Concession and undertaking to perform and discharge its obligations in accordance with the terms, conditions and covenants set forth in this Agreement, CNP agrees and undertakes to pay to Concessionaire, the Tipping Fee calculated in accordance with Schedule 6. Cost of Operation & maintenance shall be recovered under three heads i) Revenue from sale of products of waste processing ii) Revenue from user charges iii) revenue from O&M grant in the form of Tipping Fee. Concessionaire shall be responsible to generate the desired revenue from first two heads whereas CNP will provide Tipping Fee at the rate tendered and negotiated thereupon by concessionaire. All the payments and revenues to concessionaire shall accrue to Escrow account only and can be appropriated only thereafter. (b) The Concessionaire shall weigh the Waste coming to waste processing and landfill site (WPLFS) and get it duly certified by the Project Monitoring Consultant in the manner as set out in the O&M Requirements. The Concessionaire shall also prepare a statement of daily Door to Door Collection and Transportation and get it duly certified by the Project Monitoring Consultant in the manner as set out in the O&M Requirements. The Concessionaire shall, on the 5th day of every Month or in case the 5th day of a Month is a holiday then on the following working day of such Month, submit to CNP/PMC a statement (“Tipping Fee& Work Statement”) providing the following details, in the manner as set out in the O&M Requirements: (i) Total quantity of Municipal Solid Waste collected by the concessionaire; (ii) Quantity of Waste Collected on each day of the previous Month along with proof of certification of the same by the Independent Consultant; (iii) Aggregate quantity of Landfill Waste for the previous Month, (iv) Quantity of Permissible Landfill Waste on each day of the previous Month, (v) Aggregate quantity of Permissible Landfill Waste for the previous Month (vi) Amount of Tipping Fee for the previous Month calculated in accordance with Schedule 6. Note: 1. Inert Material to be landfilled shall not be more than 25% of the garbage entering to the Processing and Land Fill site, as set out in the Technical Proposal [in third phase]. 2. Tipping Fee shall include fee for Door to Door collection, segregation, transportation, solid waste processing and disposal of inerts in Landfill.

Tipping Fee. (a) A. Subject to the provisions of this the Agreement and in consideration of the Concessionaire accepting the Concession and undertaking to perform and discharge its obligations in accordance with the terms, conditions and covenants set forth in this Agreement, CNP NDMC agrees and undertakes to pay to Concessionaire, the Tipping Fee calculated in accordance with the Schedule 6. Cost of Operation & maintenance set in the Agreement. B. The waste shall be recovered under three heads i) Revenue from sale transported to designated waste disposal/ processing facility as decided and communicated by NDMC, as per the directions of products of the engineer-in-charge. The waste processing ii) Revenue from user charges iii) revenue from O&M grant will be inspected and tested at the Waste Inspection Area in the form of Tipping Fee. Concessionaire shall be responsible to generate the desired revenue from first two heads whereas CNP will provide Tipping Fee at the rate tendered and negotiated thereupon by concessionaire. All the payments and revenues to concessionaire shall accrue to Escrow account only and can be appropriated only thereafter. (b) The Concessionaire shall weigh the Waste coming to waste disposal/ processing and landfill site (WPLFS) facility and get it duly certified by the Project Monitoring Independent Consultant in the manner as set out in the O&M Requirements. C. No payment shall be made for the Refuse Trucks that fail the tests performed at the designated facility. D. The waste shall be weighed at the entry of the designated facility (facilities) and the tipping fee shall be paid by weight i.e. per tonne of MSW/ waste received at Bhalswa landfill site/ or designated Waste Processing Facility or any other designated site as decided and communicated by NDMC. The Concessionaire shall also prepare a statement of daily Door to Door Collection and Transportation waste quantity/ weight will be checked by the IC/NDMC at the Landfill Site and get it duly certified by the Project Monitoring Independent Consultant in the manner as set out in the O&M Requirements. E. Provided, if the weighbridge facility or the Testing equipment at the Waste Inspection Area is out of order, the Concessionaire shall have such weighment certified by an authorized official of NDMC and the Independent Consultant. F. The tipping fee payable to the Concessionaire by NDMC shall be inclusive of all duties, taxes and other levies etc. Nothing extra on account of duties, taxes and other levies etc. shall be payable to the Concessionaire. G. The NDMC shall evaluate these Bid Prices accordingly. H. The NDMC Engineer, the Concessionaire and the Independent Consultant shall jointly monitor all receipt of MSW/ waste at entry gate(s) of the designated site(s). I. The Tipping Fee Rate would be increased @3.5% per annum after completion of one year of date of commercial operation date (COD) i.e. the tipping fee from 1st day of COD to last day of 1st year will be Rs 1.000 [the accepted tipping fee], 1st day of 2nd year will be Rs 1.035, and from 1st day of 3rd year will be Rs 1.07 and so on. J. The Concessionaire shall, on the 5th day of every Month month or in case the 5th day of a Month month is a holiday holiday, then on the following working day of such Monthmonth, submit to CNP/PMC NDMC a statement (“Tipping Fee& Work Fee Statement”) providing the following details, of the Municipal Solid Waste collected during the preceding month in the manner as set out in the O&M RequirementsRequirements providing the following details: (i) Total quantity of Municipal Solid Waste collected by the concessionaireConcessionaire during the preceding Month, providing separate details of the quantity of MSW deposited at the Designated Landfill waste and/or processing site , including daily details of the same; (ii) Quantity of Waste Collected on each day of the previous Month along with proof of certification of the same by the Independent Consultant; (iii) Aggregate quantity of Landfill Waste for the previous Month, (iv) Quantity of Permissible Landfill Waste on each day of the previous Month, (v) Aggregate quantity of Permissible Landfill Waste for the previous Month (vi) Amount of Tipping Fee for the previous Month calculated in accordance with Schedule 6Article 8.2. (iii) The Tipping Fee Statement shall be verified by the Independent Consultant and an authorized official of NDMC, within 7 days of receipt of such statement by them. (iv) In the ▇▇▇▇ the concessionaire must reflect the recoveries/ penalties proposed by the NDMC/IC during the billing cycle and the amount must be deducted on this account. Note: 1The Concessionaire must show due diligence in preparing the bills. Inert Material to Raising fraudulent bills and escalated bills will be landfilled shall not be more than 25% taken seriously and NDMC may take appropriate action against the Concessionaire including initiating the case of termination of contract and blacklisting of the garbage entering to bidder/ all the Processing and Land Fill site, as set out in members of the Technical Proposal [in third phase]consortium. 2. Tipping Fee shall include fee for Door to Door collection, segregation, transportation, solid waste processing and disposal of inerts in Landfill.