SUPERVISION; PERFORMANCE OF THE WORK; CONSTRUCTION SERVICES. 5.1 The Services and Work shall be supervised by the individuals (“EPC Contractor’s Supervisors”) identified in Schedule #5 attached hereto. The EPC Contractor’s Supervisors assigned to the Project shall, if required under Legal Requirements, be duly licensed in the city and state of the Project Site. The EPC Contractor’s Supervisors are the only individuals authorized to supervise and direct the performance of the Scope of Work and the EPC Contractor shall not, except upon the request of, or with the approval of, the Client in each instance, which request or approval shall not be unreasonably withheld, make any substitutions to the EPC Contractor’s Supervisors. The EPC Contractor’s Supervisors shall be authorized to act for the EPC Contractor in all matters relating to the Scope of Work (other than any action, failure to act, or alteration in either that would materially change the agreed upon terms of this Agreement), and all directions given by them shall be as binding as if given to the EPC Contractor. The EPC Contractor’s Supervisors shall be available for consultation with the Client, and Others during normal business hours and shall not accept any other assignment that could materially affect their attention to the performance of the Services or Work, as applicable. 5.2 The EPC Contractor shall supervise the performance of the Service and Work to achieve timely completion of the Project in accordance with the provisions of this Agreement. The EPC Contractor shall keep the Client (or Client’s Agent) reasonably informed of the progress and quality of the Work. 5.3 The EPC Contractor will promptly order all equipment, including any Major Equipment, required for the Work after the Client provides (i) written approval of the Construction Documents and Project Schedule and (ii) written acceptance of EPC Contractor’s executed Request to Proceed. If the Construction Documents and Project Schedule are approved by the Client, but Notice to Proceed has not been issued by the date listed in the Project Schedule, then each of the subsequent dates listed in the Project Schedule shall be extended by the number of Days between the later of the dates the Construction Documents or Project Schedule was approved and date on which the Notice to Proceed is issued. 5.4 The EPC Contractor will give Purchaser prompt and reasonable notice in writing of differences, other than de minimis differences, between the materials and equipment specified in the Contract Documents and any proposed substitutions. 5.5 The EPC Contractor, Purchaser, and the Client shall, to the extent reasonable and practicable, agree on a date for delivery of Major Equipment and for the installation thereof. If the agreed delivery date is postponed in excess of ten (10) Days at the request of the Client after the Major Equipment has been purchased by EPC Contractor, then EPC Contractor shall put such equipment in safe storage at the Project Site at Client’s expense. If agreed delivery date is postponed or materials are not permitted to be stored at Project Site, such delay will be considered an excusable delay, and Contractor shall be provided a day for day increase in Required Substantial Completion Date. 5.6 The EPC Contractor and or its Subcontractor(s) shall install all Major Equipment in accordance with the manufacturer's guidelines and specifications so as to preserve all manufacturer warranties. 5.7 The EPC Contractor and or its Subcontractor(s) shall install all electrical equipment, conduit and wiring in accordance with current National Electrical Code standards (NEC 2014) as required by the Government Authorities, and such installation shall conform to all Legal Requirements and Utility Requirements. Wiring must be UL-listed, with labeling to show the voltage rating. 5.8 Upon completion of installation of the Major Equipment, EPC Contractor will “commission” the Major Equipment in accordance with each manufacturer’s installation instructions, conditions, warranties, Legal Requirements and Utility Requirements. Commissioning will verify that the performance of the Major Equipment performance is as specified by the Contract Documents, that all components are in proper working order, and that the Client understands the general operating principles of the System. The EPC Contractor shall, following Substantial Completion, prepare and submit to the Client one (1) set of final as-built drawings, single or three line drawings as per Utility Requirements, all shop drawings and test reports, including performance test reports and “commissioning” documents, each in sufficient detail to allow the operations and maintenance of the Project and documenting how the various elements of the Scope of Work were actually constructed or installed at the Project, in addition to those items set forth on Schedule #4. 5.9 The EPC Contractor shall keep the Project Site reasonably free from an accumulation of waste material and rubbish on a regular basis and shall, during the course of the Work and at the completion of the Scope of Work, remove from the Project Site all rubbish, implements and surplus materials and leave the building and premises at the Project Site broom clean. 5.10 Client shall have the right to retain, at its sole cost and expense, the services of a construction manager or independent advisor to advise it with respect to, and to monitor EPC Contractor’s performance of, the Work under this Agreement. At such time as Client shall have retained any such person, Client shall advise EPC Contractor in writing of the name of such person (“Client’s Agent”), who shall thereafter be responsible to visit the Project Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work. Client’s Agent may act on Client’s behalf to reject any Work that materially fails to conform with the Contract Documents. 5.11 EPC Contractor shall promptly correct all Work that is rejected by the Client or Client’s Agent as faulty, defective, or failing materially to conform with the Contract Documents. The EPC Contractor shall bear all costs and expenses associated with correcting such rejected Work, including, without limitation, any additional testing and inspections if applicable.
Appears in 2 contracts
Samples: Epc Agreement, Epc Agreement
SUPERVISION; PERFORMANCE OF THE WORK; CONSTRUCTION SERVICES. 5.1 The Services and Work shall be supervised by the individuals (“EPC Contractor’s Supervisors”) identified in Schedule #5 attached hereto. The EPC Contractor’s Supervisors assigned to the Project shall, if required under Legal Requirements, be duly licensed in the city and state of the Project Site. The EPC Contractor’s Supervisors are the only individuals authorized to supervise and direct the performance of the Scope of Work and the EPC Contractor shall not, except upon the request of, or with the approval of, the Client in each instance, which request or approval shall not be unreasonably withheld, make any substitutions to the EPC Contractor’s Supervisors. The EPC Contractor’s Supervisors shall be authorized to act for the EPC Contractor in all matters relating to the Scope of Work (other than any action, failure to act, or alteration in either that would materially change the agreed upon terms of this Agreement), and all directions given by them shall be as binding as if given to the EPC Contractor. The EPC Contractor’s Supervisors shall be available for consultation with the Client, and Others during normal business hours and shall not accept any other assignment that could materially affect their attention to the performance of the Services or Work, as applicable.
5.2 The EPC Contractor shall supervise the performance of the Service and Work to achieve timely completion of the Project in accordance with the provisions of this Agreement. The EPC Contractor shall keep the Client (or Client’s Agent) reasonably informed of the progress and quality of the Work.
5.3 The EPC Contractor will promptly order all equipment, including any Major Equipment, required for the Work after the Client provides (i) written approval of the Construction Documents and Project Schedule and (ii) written acceptance of EPC Contractor’s executed Request to Proceed. If the Construction Documents and Project Schedule are approved by the Client, but Notice to Proceed has not been issued by the date listed in the Project Schedule, then each of the subsequent dates listed in the Project Schedule shall be extended by the number of Days between the later of the dates the Construction Documents or Project Schedule was approved and date on which the Notice to Proceed is issued.
5.4 The EPC Contractor will give Purchaser prompt and reasonable notice in writing of differences, other than de minimis differences, between the materials and equipment specified in the Contract Documents and any proposed substitutions.
5.5 The EPC Contractor, Purchaser, and the Client shall, to the extent reasonable and practicable, agree on a date for delivery of Major Equipment and for the installation thereof. If the agreed delivery date is postponed in excess of ten (10) Days at the request of the Client after the Major Equipment has been purchased by EPC Contractor, then EPC Contractor shall put such equipment in safe storage at the Project Site at Client’s expense. If agreed delivery date is postponed or materials are not permitted to be stored at Project Site, such delay will be considered an excusable delay, and Contractor shall be provided a day for day increase in Required Substantial Completion Date.
5.6 The EPC Contractor and or its Subcontractor(s) shall install all Major Equipment in accordance with the manufacturer's guidelines and specifications so as to preserve all manufacturer warranties.
5.7 The EPC Contractor and or its Subcontractor(s) shall install all electrical equipment, conduit and wiring in accordance with current National Electrical Code standards (NEC 2014) as required by the Government Authorities, and such installation shall conform to all Legal Requirements and Utility Requirements. Wiring must be UL-UL listed, with labeling to show the voltage rating.
5.8 Upon completion of installation of the Major Equipment, EPC Contractor will “commission” the Major Equipment in accordance with each manufacturer’s installation instructions, conditions, warranties, Legal Requirements and Utility Requirements. Commissioning will verify that the performance of the Major Equipment performance is as specified by the Contract Documents, that all components are in proper working order, and that the Client understands the general operating principles of the System. The EPC Contractor shall, following Substantial Completion, prepare and submit to the Client one (1) set of final as-built drawings, single or three line drawings as per Utility Requirements, all shop drawings and test reports, including performance test reports and “commissioning” documents, each in sufficient detail to allow the operations and maintenance of the Project and documenting how the various elements of the Scope of Work were actually constructed or installed at the Project, in addition to those items set forth on Schedule #4.
5.9 The EPC Contractor shall keep the Project Site reasonably free from an accumulation of waste material and rubbish on a regular basis and shall, during the course of the Work and at the completion of the Scope of Work, remove from the Project Site all rubbish, implements and surplus materials and leave the building and premises at the Project Site broom clean.
5.10 Client shall have the right to retain, at its sole cost and expense, the services of a construction manager or independent advisor to advise it with respect to, and to monitor EPC Contractor’s performance of, the Work under this Agreement. At such time as Client shall have retained any such person, Client shall advise EPC Contractor in writing of the name of such person (“Client’s Agent”), who shall thereafter be responsible to visit the Project Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work. Client’s Agent may act on Client’s behalf to reject any Work that materially fails to conform with the Contract Documents.
5.11 EPC Contractor shall promptly correct all Work that is rejected by the Client or Client’s Agent as faulty, defective, or failing materially to conform with the Contract Documents. The EPC Contractor shall bear all costs and expenses associated with correcting such rejected Work, including, without limitation, any additional testing and inspections if applicable.
Appears in 1 contract
Samples: Epc Agreement
SUPERVISION; PERFORMANCE OF THE WORK; CONSTRUCTION SERVICES. 5.1 The Services and Work shall be supervised by the individuals (“EPC Contractor’s Supervisors”) identified in Schedule #5 attached hereto. The EPC Contractor’s Supervisors assigned to the Project shall, if required under Legal Requirements, be duly licensed in the city and state of the Project Site. The EPC Contractor’s Supervisors are the only individuals authorized to supervise and direct the performance of the Scope of Work and the EPC Contractor shall not, except upon the request of, or with the approval of, the Client in each instance, which request or approval shall not be unreasonably withheld, make any substitutions to the EPC Contractor’s Supervisors. The EPC Contractor’s Supervisors shall be authorized to act for the EPC Contractor in all matters relating to the Scope of Work (other than any action, failure to act, or alteration in either that would materially change the agreed upon terms of this Agreement), and all directions given by them shall be as binding as if given to the EPC Contractor. The EPC Contractor’s Supervisors shall be available for consultation with the Client, and Others during normal business hours and shall not accept any other assignment that could materially affect their attention to the performance of the Services or Work, as applicable.
5.2 . The EPC Contractor shall supervise the performance of the Service and Work to achieve timely completion of the Project in accordance with the provisions of this Agreement. The EPC Contractor shall keep the Client (or Client’s Agent) reasonably informed of the progress and quality of the Work.
5.3 . The EPC Contractor will promptly order all equipment, including any Major Equipment, required for the Work after the Client provides (i) written approval of the Construction Documents and Project Schedule and (ii) written acceptance of EPC Contractor’s executed Request to Proceed. If the Construction Documents and Project Schedule are approved by the Client, but Notice to Proceed has not been issued by the date listed in the Project Schedule, then each of the subsequent dates listed in the Project Schedule shall be extended by the number of Days between the later of the dates the Construction Documents or Project Schedule was approved and date on which the Notice to Proceed is issued.
5.4 . The EPC Contractor will give Purchaser prompt and reasonable notice in writing of differences, other than de minimis differences, between the materials and equipment specified in the Contract Documents and any proposed substitutions.
5.5 . The EPC Contractor, Purchaser, and the Client shall, to the extent reasonable and practicable, agree on a date for delivery of Major Equipment and for the installation thereof. If the agreed delivery date is postponed in excess of ten (10) Days at the request of the Client after the Major Equipment has been purchased by EPC Contractor, then EPC Contractor shall put such equipment in safe storage at the Project Site at Client’s expense. If agreed delivery date is postponed or materials are not permitted to be stored at Project Site, such delay will be considered an excusable delay, and Contractor shall be provided a day for day increase in Required Substantial Completion Date.
5.6 . The EPC Contractor and or its Subcontractor(s) shall install all Major Equipment in accordance with the manufacturer's guidelines and specifications so as to preserve all manufacturer warranties.
5.7 . The EPC Contractor and or its Subcontractor(s) shall install all electrical equipment, conduit and wiring in accordance with current National Electrical Code standards (NEC 2014) as required by the Government Authorities, and such installation shall conform to all Legal Requirements and Utility Requirements. Wiring must be UL-listed, with labeling to show the voltage rating.
5.8 . Upon completion of installation of the Major Equipment, EPC Contractor will “commission” the Major Equipment in accordance with each manufacturer’s installation instructions, conditions, warranties, Legal Requirements and Utility Requirements. Commissioning will verify that the performance of the Major Equipment performance is as specified by the Contract Documents, that all components are in proper working order, and that the Client understands the general operating principles of the System. The EPC Contractor shall, following Substantial Completion, prepare and submit to the Client one (1) set of final as-built drawings, single or three line drawings as per Utility Requirements, all shop drawings and test reports, including performance test reports and “commissioning” documents, each in sufficient detail to allow the operations and maintenance of the Project and documenting how the various elements of the Scope of Work were actually constructed or installed at the Project, in addition to those items set forth on Schedule #4.
5.9 . The EPC Contractor shall keep the Project Site reasonably free from an accumulation of waste material and rubbish on a regular basis and shall, during the course of the Work and at the completion of the Scope of Work, remove from the Project Site all rubbish, implements and surplus materials and leave the building and premises at the Project Site broom clean.
5.10 . Client shall have the right to retain, at its sole cost and expense, the services of a construction manager or independent advisor to advise it with respect to, and to monitor EPC Contractor’s performance of, the Work under this Agreement. At such time as Client shall have retained any such person, Client shall advise EPC Contractor in writing of the name of such person (“Client’s Agent”), who shall thereafter be responsible to visit the Project Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work. Client’s Agent may act on Client’s behalf to reject any Work that materially fails to conform with the Contract Documents.
5.11 . EPC Contractor shall promptly correct all Work that is rejected by the Client or Client’s Agent as faulty, defective, or failing materially to conform with the Contract Documents. The EPC Contractor shall bear all costs and expenses associated with correcting such rejected Work, including, without limitation, any additional testing and inspections if applicable.
Appears in 1 contract
Samples: Epc Agreement
