Agdapkt 2010-12-06 clsd and regular

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6.3A Page 19 1 ARTICLE 5 OPERATION OF SHOREWAY CENTER � 2 5.01 SCOPE OF WORK — GENERAL I 3 The work to be performed by Contractor includes the furnishing of all labor, supervision, 4 equipment, materials, supplies and all other items necessary to perform the services 5 required under this Agreement in a thorough, workmanlike and efficient matter, so that , 6 users of the Shoreway Center are provided reliable, courteous and high-quality services at ' 7 all times. The enumeration of, and specification of requirements for, particular items of 8 labor, supervision, equipment, materials or supplies shall not relieve Contractor of the duty 9 to furnish all others that may be required to be provided under this Agreement by 10 Contractor, whether enumerated or not. 11 Contractor shall perform all work in accordance with Attachment 3, all provisions of which 12 are incorporated herein whether or not such provisions are specifically referred to in any 13 other section of this Agreement. 14 5.02 IMPLEMENTATION PLAN 15 The parties recognize that substantial planning and preparation will be required to ensure 16 successful initiation of operations by Contractor on January 1, 2011, and full-scale MRF 17 operations in February 2011 and full-scale Transfer Station operations in March 2011. To 18 that end, Contractor has prepared a detailed implementation plan addressing the steps 19 Contractor will take, and the schedule on which it will take them, to prepare for 20 commencement of operations on January 1, 2011. The implementation plan covers 21 Contractor's schedule for hiring and training of personnel, acquiring necessary vehicles and 22 equipment, installing and testing of the new sorting equipment, etc., and is included in the 23 Implementation and Operating Plan attached as Attachment 4. 24 Contractor shall diligently adhere to the implementation plan and shall meet periodically, 25 whenever the Authority requests, to review and report on progress. No changes will be 26 made to the schedule without the Authority's prior written approval. Failure to adhere to the 27 implementation plan, including its schedule, shall constitute a breach of this Agreement 28 which, if uncured, shall constitute a default under Section 11.01. 29 The specific plans and other materials required to be submitted by the implementation plan 30 are subject to the Authority's review and approval. To the extent reasonabiy practicable, 31 the Authority will take actions, make decisions, and provide directions to Contractor in 32 accordance with the schedule and time aflowances set forth in Attachment 4, so as not to 33 delay Contractor's adherence to the implementation plan schedule. 34 5.03 SHOREWAY CENTER FACILITY OPERATIONS - GENERAL 35 Contractor recognizes that the Authority and its Member Agencies are committed to 36 recycling materials that have in the past been disposed in landfills. Contractor shall operate 37 the Transfer Station, Materials Recovery Facility (MRF), Buy-back / Drop-off Center and 38 related facilities to allow for the convenient and efficient management of Solid Waste and 39 recovery of Recyclable Materials, and Organic Materials, including Plant Materials. The 40 Contractor's overall approach to operation of the scale house, the Transfer Station, the 41 MRF, the Public Buy-Back/Drop-Off Center, and the transportation of materials from the 42 Shoreway Center to the Designated Disposal Site and Designated Processing Facilities is 43 included in the Implementation and Operating Plan attached as Attachment 4, Also 44 included is Contractor's interim operating plan describing its operations during the period 45 from the Commencement Date to full-scale operation of the MRF. Operating Agreement for Shoreway Center Page - 10 - �/30/09