Common use of Engineering, Procurement and Construction Clause in Contracts

Engineering, Procurement and Construction. Contract (“EPC Contract”) for the Currant Creek Site (no proposals for an EPC contract at the Lake Side site will be accepted)‌ An EPC proposal can be bid at the Currant Creek PacifiCorp Ssite only. The EPC Contract must be in the form of a fixed price bid, and may be structured to include progress payments or a single lump sum payment due upon achievement of commercial operation. The Company will, in no event, make progress payments to the Bidder unless each such payment results in the simultaneous transfer of a tangible asset or a percentage ownership of an asset at the time each such payment is made. Bidders must bid one of these two payment structures and in accordance with the EPC Contract in Attachment 198 and the specifications for Currant Creek contained therein. All Bidders in this category must complete the information requested in Appendix C-3. The Company will be responsible for the development and permitting of the proposed facility at the Currant Creek site. The Company’s assumptions for all aspects of development on the Currant Creek site are outlined in Attachment 8. The successful Bidder shall be responsible for all development and permitting and any other costs not identified in Attachment 8. The aggregate of the “all-in” capital cost for the EPC resource and Owner’s Cost in Attachment 10 shall include all payments to be made to the Bidder and all Company costs. A complete listing of categories of Company costs can be found in Attachment 10. Bidders should note that any proposal submitted in this category shall result in the Bidder directly performing the EPC services, as opposed to utilizing a sub-EPC contractor or an equivalent structure which will not increase the risk of default by multiple contractors to the cCompany and its customers. . A Bidder in this category must be experienced with the type of facility being proposed and, in addition to any other credit provision described herein, this entity must have a Credit Rating that is BBB-/Baa3 or greater from S&P/▇▇▇▇▇’▇ or, if not publicly rated, an equivalent Credit Rating as determined by PacifiCorp Credit.