SUBSTANTIAL COMPLETION DATE,
CONTRACTOR SHALL DELIVER TO OWNER A DETAILED LIST OF ALL MANUFACTURER AND
CONTRACTOR-RECOMMENDED SPARE PARTS AND SPECIAL TOOLS NECESSARY FOR OPERATING AND
MAINTAINING ALL EQUIPMENT (INCLUDING COMPONENTS AND SYSTEMS OF SUCH EQUIPMENT)
FOR TWO (2) YEARS FOLLOWING SUBSTANTIAL COMPLETION ("OPERATING SPARE PARTS").
WITHIN THIRTY (30) DAYS THEREAFTER, OWNER SHALL SPECIFY IN WRITING WHICH ITEMS
ON THE LIST IT WISHES CONTRACTOR TO PURCHASE AND WHETHER SUCH ITEMS ARE
REQUESTED TO BE DELIVERED TO THE SITE PRIOR TO SUBSTANTIAL COMPLETION OR PRIOR
TO FINAL COMPLETION. WITHIN A FURTHER THIRTY (30) DAYS, CONTRACTOR SHALL CONFIRM
THE EXTENT TO WHICH IT IS ABLE TO COMPLY WITH OWNER'S REQUEST AND SHALL SUBMIT
TO OWNER THE FINAL LIST OF OPERATING SPARE PARTS TO BE PURCHASED ("OPERATING
SPARE PARTS LIST").
PRIOR TO AND AS A CONDITION PRECEDENT TO SUBSTANTIAL
COMPLETION, CONTRACTOR SHALL DELIVER TO THE SITE ALL OPERATING SPARE PARTS
REQUIRED TO BE DELIVERED TO THE SITE PRIOR TO SUBSTANTIAL COMPLETION AS SET
FORTH IN THE OPERATING SPARE PARTS LIST. PRIOR TO AND AS A CONDITION TO
ACHIEVING FINAL COMPLETION, CONTRACTOR SHALL DELIVER TO THE SITE ALL OPERATING
SPARE PARTS REQUIRED TO BE DELIVERED TO THE SITE PRIOR TO FINAL COMPLETION AS
SET FORTH IN THE OPERATING SPARE PARTS LIST.
THE OPERATING SPARE PARTS LIST
SHALL INCLUDE ALL INFORMATION SPECIFIED IN ATTACHMENT W.
AN ALLOWANCE FOR THE
COST OF OPERATING SPARE PARTS IS INCLUDED IN THE CONTRACT PRICE AS SET FORTH IN
SECTION 7.1C.
3.5
TRAINING PROGRAM IN GENERAL.
AS PART OF THE
WORK, A REASONABLE NUMBER OF PERSONNEL DESIGNATED BY OWNER IN ITS SOLE
DISCRETION (BUT NOT TO EXCEED THE NUMBER OF PERSONS LISTED IN ATTACHMENT V)
SHALL BE GIVEN A TRAINING COURSE DESIGNED AND ADMINISTERED BY CONTRACTOR, WHICH
SHALL BE BASED ON THE OUTLINE OF THE PROGRAM CONTAINED IN ATTACHMENT V AND SHALL
COVER AT A MINIMUM THE FOLLOWING TOPICS: (I) THE TESTING OF EACH ITEM OF
EQUIPMENT; (II) THE START-UP, OPERATION AND SHUT-DOWN OF EACH ITEM OF EQUIPMENT;
(III) THE PERFORMANCE OF ROUTINE, PREVENTATIVE AND EMERGENCY MAINTENANCE FOR
EACH ITEM OF EQUIPMENT; AND (IV) SPARE PARTS TO BE MAINTAINED FOR EACH ITEM OF
EQUIPMENT, AND THEIR INSTALLATION AND REMOVAL. TRAINING SHALL BE PROVIDED BY
PERSONNEL SELECTED BY CONTRACTOR WHO, IN CONTRACTOR'S AND THE EQUIPMENT
SUBCONTRACTOR'S OR SUB-SUBCONTRACTOR'S JUDGMENT, ARE QUALIFIED TO PROVIDE SUCH
TRAINING, AND SHALL TAKE PLACE AT SUCH LOCATIONS AND AT SUCH TIMES AS AGREED
UPON BY THE PARTIES.
CONTRACTOR SHALL PROVIDE TRAINEES WITH
24
MATERIALS DESCRIBED IN ATTACHMENT V.
CONTRACTOR SHALL ALSO PROVIDE TO OWNER ALL
TRAINING MATERIALS AND AIDS DEVELOPED TO CONDUCT SUCH TRAINING IN ORDER TO
FACILITATE FUTURE TRAINING BY OWNER OF ADDITIONAL PERSONNEL.
3.6
ENVIRONMENTAL REGULATIONS AND ENVIRONMENTAL
COMPLIANCE.
WITHOUT LIMITATION OF SECTION 3.1, CONTRACTOR SHALL PERFORM THE
WORK AND SHALL DESIGN, CONSTRUCT,
PRE-COMMISSION, COMMISSION, START-UP AND TEST
THE FACILITY IN COMPLIANCE WITH CONTRACTOR'S HSE PLAN.
CONTRACTOR SHALL DISPOSE
OF ALL NON-HAZARDOUS WASTES AND HAZARDOUS MATERIALS BROUGHT ONTO THE SITE OR
OFF-SITE RIGHTS OF WAY AND EASEMENTS BY CONTRACTOR OR ANY OF ITS SUBCONTRACTORS