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3-85 | EPC Template

3.1.2 all design and engineering activities and services necessary to obtain all

required permits for the construction and operation of the Facility;

3.1.3 all construction activities and services necessary to conduct the Work and

complete the Facility in accordance with this Agreement (including Site preparation,

excavation and grading and proper disposal of all excavated materials if and as required

in connection with performance of the Work);

3.1.4 all materials necessary to conduct the Work and complete the Facility in

accordance with this Agreement (including all necessary transport thereof);

3.1.5 all work forces necessary to conduct the Work and complete the Facility in

accordance with this Agreement (including all skilled and unskilled labor, supervisory,

quality assurance and support service personnel);

3.1.6 all documents required to direct Owner’ personnel in the proper start-up,

operation and maintenance of the Facility, including, without limitation, the Equipment

Instruction Manual and all as-built drawings and as-built wiring diagrams (in CD-ROM

format capable of generating reproducible hard copies, stamped by an Architect/Engineer

registered in [Jurisdiction of Facility and/or other]

3.1.7 all training of Operator adequate to allow Operator to assume responsibility

for dispatch and control of the Facility;

3.1.8 all other activities, services and items, whether or not specifically described

above, in Schedule VII or elsewhere in this Agreement, if such performance, provision or

procurement is necessary for a complete and operable Facility; provided, that Contractor

shall not be responsible for performing, providing or procuring those activities, services

and items for which Owner bear express responsibility pursuant to Article 5;

3.1.9 all design, engineering, materials, work forces needed to perform the

Acceptance Tests; and

3.1.10 all activity necessary to enable Contractor to achieve the agreed

Commercial Operation Date of [Deadline for commercial operation] .

ARTICLE 4 - CONTRACTOR’S RIGHTS AND RESPONSIBILITIES

4.1 - Engineering, Procurement and Construction of the Facility; Performance of the

Work. Contractor, on behalf of the Owner, shall act as the general contractor for the

Project and shall be solely responsible for the engineering, procurement and construction

of the Work, including, without limitation, the overall oversight and coordination of

construction of the Facility in accordance with: (a) the Specifications; (b) the

Authorizations for the Facility; (c) the terms of this Agreement; (d) the Traffic Control

Plan, the Safety Plan and the Security Plan; and (e) all applicable Laws. Contractor shall

coordinate the activities of Engineer, PM/CM, the Prime Subcontractors, the Safety

Director, the QA/QC Director and other persons providing labor and materials to the

Project to design, engineer and procure the equipment and materials for and complete the

construction of the Facility and act as the interface between the Owner and such persons

all in accordance with applicable Law and Good Utility Practice.

4.2 - Retention of Qualified Subcontractors and Suppliers Contractor may subcontract

any portion of the Work to one or more Subcontractors and Suppliers. Approved

Subcontractors and Suppliers as of the date hereof are set forth in Schedule VIII.

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