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

2. Failure to staff the Facility with at least one (1) person during all . hours of operation; 3. Failure to provide on-site every thirty (30) days at least one (1) tub-grinder and any other equipment necessary to load and process Vegetative Waste, unless the Operator removes the Vegetative Waste off-site for disposal; 4. Failure to comply with all conditions of any and all permits and laws of the Township of West Orange, the State of New Jersey and the DEP; 5. The stockpiling of any items at levels or operations which are deemed to be a fire, safety and/or health concern in the sole L discretion of the Fire Chief, Fire Director and/or Director of the Department of Health or their designees; 6. Failure to accept and process at no cost to the Township Vegetative Waste generated by the Township and delivered to the Facility by the Department of Public Works for the Township; and 7. Any breach of any provision of this agreement. 2,24 PERFORMANCE BOND AND INSURANCE Before commencing the Work, the Operator shall furnish to West Orange the following: a. A Performance and Payment Bond will be required at the time of the signing of the contract. It must be a one year Performance and Payment Bond, in the form acceptable to the West Orange Township Attomey, and in the amount equal to $500,000, duly executed by the successful Respondent (Operator), as principal and by a reputable surety company rated A+ or better by A. M. Best Company’s Insurance Ratings licensed to --do business under-the-laws-ofand. in-the State-of New Jersey-and-—---—--.. — ——- satisfactory to the Township of West Orange. The Performance Bond must specifically provide that it will indemnify and pay all costs related to any actions caused by the Operator’s use of the Facility. This specifically includes, but is not limited to, costs and expenses incurred by any adverse governmental regulatory action and costs and expenses potentially incurred to transport and dispose of the Township’s Vegetative Waste at sites other than the Facility. If the Surety on the Bond furnished files bankruptcy or becomes insolvent or its right to do business is terminated, or it ceases to meet the requirements stated herein, the Operator shal! within five (5) days thereafter substitute another Bond and Surety from a reputable surety company rated A+ or better by A.M. Best Company’s Insurance Ratings licensed to

ed herein, the Operator shal! within five (5) days thereafter substitute another Bond and Surety from a reputable surety company rated A+ or better by A.M. Best Company’s Insurance Ratings licensed to do business in the State of New Jersey acceptable to the Township of West Orange. t If a bidder fails to provide a performance bond for the first year of the i contract, the Township may declare the bidder to be non-responsive. i The Operator shall provide a one year performance bond in the amount of $500,000 for each succeeding year of the contract. The performance 29