98-24 Exhibits to the Agreement for the Operation of the Recycling Center - Part II.pdf

2.22.2 In the event of termination, the Operator shall remove all equipment within seven (7) days and shall be fully liable for any costs incurred in the removal of same. Any items remaining after seven (7) days shall be deemed abandoned to West Orange for all purposes and West Orange shall not be responsible for their use or disposal. 2.23 OPERATOR N (~-PERFORMANCE a. Non-performance by the Operator shall include, but not be limited to, any of the following situations: 1. on Failure to be open and accept Vegetative Waste during the days and hours prescribed in Section 2.4 and failure to be open, operate and accept materials at the Recycling Convenience Center on the days and hours prescribed in Section 2.4 (except national holidays); Failure to staff the Facility with at least one (1) person during all hours of operation; 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 processing; 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; The stockpiling of any items at levels or operations which are deemed to be a fire, safety and/or health concern in the sole discretion of the Fire Chief, Fire Director and/or Director of the Department of Health or their designees; 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 Any breach of any provision of this agreement. Failure to deliver materials from the Convenience Center to recycling markets. 2.24 PERFORMANCE BOND, RESTORATION 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, the form acceptable to the West Orange Township Attorney, 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 31