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West Campus Eng. Procurement And Const. Agreement

This is an actual contract by MGE Energy.

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Sectors: Energy
Governing Law: Wisconsin, View Wisconsin State Laws
Effective Date: October 01, 2003
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ENGINEERING,

PROCUREMENT

AND

CONSTRUCTION

AGREEMENT


WEST CAMPUS COGENERATION FACILITY

STATE OF WISCONSIN

DEPARTMENT OF ADMINISTRATION

PROJECT NUMBER 03G2A

&

WEST CAMPUS COGENERATION BULDINGS RELOCATION

STATE OF WISCONSIN

DEPARTMENT OF ADMINISTRATION

PROJECT NUMBER 03G2H


TABLE OF CONTENTS

PAGE


ARTICLE 1 -

DEFINITIONS

1.1

DEFINITIONS.

ARTICLE 2 -

REPRESENTATIONS

2.1

REPRESENTATIONS BY MGE CONSTRUCT.

2.2

REPRESENTATIONS BY MGE POWER.

2.3

REPRESENTATIONS BY THE STATE.

ARTICLE 3 -

THE WORK

3.1

SCOPE OF WORK.

ARTICLE 4 -

MGE CONSTRUCT' S RIGHTS AND RESPONSIBILITIES

4.1

ENGINEERING, PROCUREMENT AND CONSTRUCTION OF THE FACILITY; PERFORMANCE
OF THE WORK.

4.2

RETENTION OF QUALIFIED SUBCONTRACTORS AND SUPPLIERS

4.3

SALES & USE TAX.

4.4

INVESTIGATION OF THE SITE.

4.5

HAZARDOUS SUBSTANCES; EROSION.

4.6

COMPLIANCE WITH LAWS.

4.7

TRAFFIC CONTROL PLAN.

4.8

SAFETY PLAN.

4.9

SECURITY PLAN.

4.10

CONSTRUCTION AND STORAGE CONFINED TO PERMITTED AREAS.

4.11

CONSTRUCTION OFFICE; RECORDS.

4.12

NO LIENS.

4.13

COMPLIANCE WITH CPCN REQUIREMENTS.

4.14

PATENTS.

4.15

INSPECTIONS; DEFECTIVE WORK.

4.16

MGE CONSTRUCT RESPONSIBILITY TO THE STATE.

4.17

FACILITY START UP AND ACCEPTANCE TESTING.

4.18

OTHER AUTHORIZATIONS.

4.19

PUBLIC RECORDS.

4.20

INSURANCE.

4.21

MGE ENERGY GUARANTEE.

ARTICLE 5 -

OWNERS' RIGHTS AND RESPONSIBILITIES

5.1

TRANSFER OF CONTROL RESPONSIBILITY TO OWNERS.

5.2

OWNERS' RESPONSIBILITIES DURING THE PROJECT.

5.3

DENIAL OF AUTHORIZATIONS.

5.4

STATE' S RIGHTS AND RESPONSIBILITIES.

5.5

MGE POWER' S RIGHTS AND RESPONSIBILITIES.

ARTICLE 6 -

OWNERSHIP OF ASSETS

6.1

OWNERSHIP OF THE FACILITY; RISK OF LOSS.

6.2

UNIVERSITY OWNERSHIP.

ARTICLE 7 -

COST OF THE WORK; PROJECT FINANCING

7.1

COST OF THE WORK.

7.2

GUARANTEED MAXIMUM PRICE.

7.3

SHARING OF COST SAVINGS.

7.4

[INTENTIONALLY OMITTED].

7.5

WATER SUPPLY COSTS.

ARTICLE 8 -

ADDENDA AND CHANGE ORDERS

8.1

GENERAL.

8.2

PROCESS.

8.3

INITIAL EVALUATION OF ADDENDUM AND CHANGE ORDER REQUESTS; APPLICABLE STANDARDS.

8.4

ADDENDA OR CHANGE ORDERS REQUESTED BY THE STATE.

8.5

ADDENDA AND CHANGE ORDERS REQUESTED BY MGE POWER.

8.6

ADDENDA AND CHANGE ORDERS REQUIRED BY ACTS OF GOVERNMENTAL AUTHORITIES.

8.7

ADDENDA AND CHANGE ORDERS REQUESTED BY OWNERS.

8.8

ADDENDA AND CHANGE ORDERS REQUESTED BY MGE CONSTRUCT.

8.9

ADDENDA AND CHANGE ORDERS RESULTING FROM ERRORS OR OMISSIONS OF MGE CONSTRUCT.

8.10

MARKUP ON ADDENDA AND CHANGE ORDERS.

8.11

TRACKING OF COST IMPACT OF ADDENDA AND CHANGE ORDERS.

ARTICLE 9 -

PAYMENT FOR WORK

9.1

PAYMENT MILESTONES; PAYMENT SCHEDULE.

9.2

DIVISION OF PAYMENT.

9.3

RETAINAGE.

9.4

FINAL PAYMENT.

ARTICLE 10 -

COMMENCEMENT AND PERFORMANCE OF WORK

10.1

COMMENCEMENT; SCHEDULE.

10.2

MECHANICAL COMPLETION.

10.3

COMMERCIAL OPERATION.

10.4

INTERIM PERIOD OBLIGATIONS PENDING COMPLETION OF DELAYED ACCEPTANCE TESTING.

10.5

PUNCH LIST.

10.6

FINAL COMPLETION.

ARTICLE 11 -

ACCEPTANCE TESTING; CAPACITY GUARANTEE; COMPLETION GUARANTEE; WARRANTIES; LIMITATION OF LIABILITY

11.1

ACCEPTANCE TESTS.

11.2

ACCEPTANCE TESTING.

11.3

ACCEPTANCE TEST CAPACITY GUARANTEE.

11.4

GUARANTEED MECHANICAL COMPLETION DATE; DELAY DEFAULT DATE.

11.5

COMPLIANCE WITH STANDARDS.

11.6

MGE CONSTRUCT' S WARRANTIES.

11.7

REPAIR AND REPLACEMENT OF DEFECTIVE WORK.

11.8

SUBCONTRACTOR WARRANTIES; SUBCONTRACTOR PROTECTIONS FOR OWNERS.

11.9

MGE CONSTRUCT ENFORCEMENT OF SUBCONTRACTOR PROTECTIONS.

11.10

LIMITATION OF LIABILITY

11.11

INDEMNIFICATION.

ARTICLE 12 -

DISPUTE RESOLUTION

12.1

IN GENERAL.

12.2

LITIGATION.

12.3

CONTINUED PERFORMANCE.

ARTICLE 13 -

DEFAULTS; REMEDIES; TERM; TERMINATION

13.1

MGE CONSTRUCT DEFAULT.

13.2

OWNER' S DEFAULT REMEDIES AGAINST MGE CONSTRUCT.

13.3

OWNER' S EVENT OF DEFAULT.

13.4

MGE CONSTRUCT REMEDIES FOR OWNERS EVENT OF DEFAULT.

13.5

FORCE MAJEURE; FAILURE OF AUTHORIZATIONS.

13.6

RIGHT TO TERMINATION.

13.7

EFFECT OF TERMINATION UNDER SECTIONS 13.4, 13.5, 14.2 & 16.21.

13.8

COMPLETION; SURVIVAL.

13.9

NON-APPROPRIATION.

ARTICLE 14 -

PSCW MODIFICATIONS

14.1

PSCW MODIFICATIONS.

14.2

CONDITIONAL RIGHT TO TERMINATE UPON MATERIAL REALLOCATION OF COSTS.

14.3

COST ALLOCATION UPON TERMINATION.

14.4

PARTIES TO DEFEND COST ALLOCATION.

ARTICLE 15 -

NONDISCRIMINATION/AFFIRMATIVE ACTION

15.1

IN GENERAL.

15.2

AFFIRMATIVE ACTION PLAN.

15.3

ESTABLISHMENT OF INITIATIVES.

15.4

COLLECTIVE BARGAINING AGREEMENTS.

15.5

POSTING OF NOTICES.

15.6

INELIGIBLE CONTRACTORS.

ARTICLE 16 -

MISCELLANEOUS

16.1

GOVERNING LAW.

16.2

INTERPRETATION.

16.3

DRAFTING AMBIGUITIES.

16.4

THIRD PARTY BENEFICIARIES.

16.5

GOOD FAITH AND FAIR DEALING.

16.6

SEVERABILITY.

16.7

SURVIVAL.

16.8

TECHNICAL OR TRADE USAGE.

16.9

AMENDMENTS AND WAIVERS.

16.10

NOTICES.

16.11

CHANGE OF ADDRESS.

16.12

SUCCESSORS; ASSIGNMENT.

16.13

COUNTERPARTS.

16.14

FURTHER ASSURANCES.

16.15

INTEREST.

16.16

RELATIONSHIP TO OTHER AGREEMENTS.

16.17

NO PARTNERSHIP; THIRD PARTY BENEFICIARIES.

16.18

FURTHER DOCUMENTS AND ACTIONS.

16.19

TIME OF THE ESSENCE; COOPERATION TO CONTROL COSTS.

16.20

STATE RIGHT TO APPROVE; FAILURE TO PROMPTLY RESPOND DEEMED APPROVAL.

16.21

CONTINGENT ON ISSUANCE OF CPCN AND OTHER AUTHORIZATIONS.


Engineering, Procurement and Construction Agreement

This Engineering, Procurement and Construction Agreement (the " Agreement" ) is made and dated as of October 1, 2003, among MGE CONSTRUCT LLC, a Wisconsin limited liability company (" MGE Construct" ), and the STATE OF WISCONSIN, by and through the Wisconsin Department of Administration for the benefit of the Board of Regents of the University of Wisconsin System (the " State" ), and MGE POWER WEST CAMPUS, LLC, a Wisconsin limited liability company (" MGE Power" ). The State and MGE Power are sometimes hereinafter referred to individually as an " Owner" and collectively as " Owners" .

Recitals

A.

The Board of Regents of the University of Wisconsin System, an independent agency of the State of Wisconsin and a body corporate created pursuant to Chapter 36, Wis. Stats., that governs a system of institutions of learning, including the University of Wisconsin-Madison (the " University" ), anticipates that it will need additional steam and chilled water capacity for the heating and cooling of its Madison, Wisconsin campus by the end of 2004, including for additional facilities to be constructed. These utility services will be critical to the operation of the University' s educational, medical and research facilities.

B.

The State of Wisconsin Department of Administration (the " Department" ) is an agency of state government for the State of Wisconsin created pursuant to Chapter 16, Wis. Stats. The Department is the arm of the State that contracts for the design and construction of all state buildings and facilities, including facilities owned and operated by the University.

C.

Madison Gas and Electric Company (" MGE" ) is a regulated public utility in the State of Wisconsin, providing electric and gas services to residential, commercial and industrial customers, including the University and the State.

D.

MGE Power is a non-utility wholly-owned subsidiary of MGE Energy, Inc. (" MGE Energy" ), a public utility holding company. MGE Construct is a wholly-owned subsidiary of MGE Energy.

E.

The State and MGE Power desire to jointly develop, and upon construction jointly own a cogeneration facility that will produce electric capacity and energy, steam and chilled water located on land owned by the University immediately north of the UW-Madison Walnut Street Heating Plant in Madison, Wisconsin (the " Facility" ).

F.

Owners intend to finance the Facility through their respective capital contributions.

G.

MGE Construct is further willing to act on behalf of Owners by coordinating and enforcing the Subcontractor Protections as set forth in this Agreement.

H.

The Facility can only be built following the issuance of a Certificate of Public Convenience and Necessity (" CPCN" ) from the Public Service Commission of Wisconsin (" PSCW" ) and following the issuance of other necessary Authorizations.

I.

Owners desire that MGE Construct perform on behalf of Owners the duties to act as general contractor for the design, construction, performance of start up and testing of the Facility, and development of the operation manual(s) for the Facility upon the terms and conditions hereinafter set forth.

J.

Following completion of the Facility, MGE Power and the University will jointly own the Facility, and MGE will operate and maintain the Facility pursuant to the O & M Agreement. Joint ownership issues among the State, the University and MGE Power, relating to the Facility, will be addressed in the Joint Ownership Agreement.

NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter set forth, the Parties agree as follows:

ARTICLE 1 - DEFINITIONS

1.1

Definitions.

Capitalized terms used herein shall have the meanings set forth in Schedule I .

ARTICLE 2 - REPRESENTATIONS

2.1

Representations by MGE Construct.

MGE Construct represents that:

2.1.1

Organization and qualification . It is a limited liability company duly organized and validly existing under the laws of the State of Wisconsin. It has all necessary power and authority to carry on its business as presently conducted, to own or hold its properties, and to enter into and perform its obligations under this Agreement.

2.1.2

Authorization, approvals, no defaults . The execution, delivery and performance of this Agreement by MGE Construct (1) has been duly authorized by all requisite company action; (2) to the best of MGE Construct' s knowledge will not conflict with any provisions of applicable Law; and (3) will not conflict with, result in the breach of, constitute a default under, or accelerate performance required by, any covenant, agreement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected.

2.1.3

Enforceability . This Agreement constitutes the legal, valid and binding obligation of MGE Construct in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, or similar laws affecting creditors' rights generally.

2.1.4

Legal proceedings . There is no action, suit or proceeding, at law or in equity, or official investigation by or before any governmental authority, arbitral tribunal or any other body pending or, to the knowledge of MGE Construct threatened, against or affecting MGE Construct or any of its properties, rights or assets, which could reasonably be expected to result in a material adverse effect on MGE Construct' s ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement.

2.1.5

Site Inspection . MGE Construct and MGE Construct' s agents and representatives have visited, inspected and are familiar with the Site, its physical condition, roads, access rights, utilities, topographical conditions and air quality conditions, except for unusual or unknown surface or subsurface conditions, or unusual or unknown soil conditions, and have performed all reasonable investigations necessary to determine that the Site is suitable for the construction and installation of the Facility, and are familiar with the local and other conditions which may be material to MGE Construct' s performance of its obligations under this Agreement (including, but not limited to transportation, seasons and climates, access, the handling and storage of materials and fuel and availability and quality of labor and materials).

2.1.6

Necessary Rights . MGE Construct owns or will obtain the legal right to use all patents, rights to patents, trademarks, copyrights and licenses necessary for the performance by MGE Construct of this Agreement and the transactions contemplated hereby, without any material conflict with the rights of others.

2.1.7

Approvals . MGE Construct has obtained and is in compliance with all Governmental Authorizations (other than Governmental Authorizations listed in Schedule XIV ) that MGE Construct is required to obtain hereunder and for the valid execution, delivery and performance by MGE Construct of this Agreement, and all such legal entitlements are in full force and effect.

2.1.8

Qualification . MGE Construct (including where applicable, through its relationships with Subcontractors and its Affiliates) possesses the know-how and wherewithal to oversee the construction of the Facility.

2.2

Representations by MGE Power.

MGE Power represents that:

2.2.1

Organization and qualification . It is a limited liability company duly organized and validly existing under the laws of the State of Wisconsin. It has all necessary power and authority to carry on its business as presently conducted, to own or hold its properties, and to enter into and perform its obligations under this Agreement.

2.2.2

Authorization, approvals, no defaults . The execution, delivery and performance of this Agreement by MGE Power (1) has been duly authorized by all requisite company action; (2) to the best of MGE Power' s knowledge will not conflict with any provisions of applicable Law; and (3) will not conflict with, result in the breach of, constitute a default under, or accelerate performance required by, any covenant, agreement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected.

2.2.3

Enforceability . This Agreement constitutes the legal, valid and binding obligation of MGE Power in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, or similar laws affecting creditors' rights generally.

2.2.4

Legal proceedings . There is no action, suit or proceeding, at law or in equity, or official investigation by or before any governmental authority, arbitral tribunal or any other body pending or, to the knowledge of MGE Power threatened, against or affecting MGE Power or any of its properties, rights or assets, which could reasonably be expected to result in a material adverse effect on MGE Power' s ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement.

2.3

Representations by the State.

The State represents that:

2.3.1

Organization and qualification . It is an agency of the State of Wisconsin duly organized and validly existing under the laws of the State of Wisconsin. It has all necessary power and authority to carry on its business as presently conducted, to own or hold its properties, and to enter into and perform its obligations under this Agreement.

2.3.2

Authorization, approvals, no defaults . The execution, delivery and performance of this Agreement by the State (1) has been duly authorized by all requisite governmental action; (2) to the best of the State' s knowledge will not conflict with any provisions of applicable Law; and (3) will not conflict with, result in the breach of, constitute a default under, or accelerate performance required by, any covenant, agreement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected.

2.3.3

Enforceability . This Agreement constitutes the legal, valid and binding obligation of the State in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, or similar laws affecting creditors' rights generally.

2.3.4

Legal proceedings . There is no action, suit or proceeding, at law or in equity, or official investigation by or before any governmental authority, arbitral tribunal or any other body pending or, to the knowledge of the State threatened, against or affecting the State or any of its properties, rights or assets, which could reasonably be expected to result in a material adverse effect on the State' s ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement.


ARTICLE 3 - THE WORK

3.1

Scope of Work.

MGE Construct shall provide or perform the Work or cause the Work to be provided or performed, in accordance with the terms of this Agreement. Without limiting the foregoing, the Work shall include conducting, performing, providing or procuring when and as necessary to permit progress of the Work to proceed in accordance with the Project Schedule:

3.1.1

all design and engineering activities and services necessary to conduct the Work and complete the Facility in accordance with this Agreement and MGE Power' s obligations under the Facility Lease;

3.1.2

all design and engineering activities and services necessary to obtain the CPCN and DNR permits for the construction and operation of the Facility (but excluding any design and engineering activities and services relating to any Authorizations for the University' s lake water intake structure from Lake Mendota);

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 Owners' 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 the State of Wisconsin);

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 IX or elsewhere in this Agreement, if such performance, provision or procurement is necessary for a complete and operable Facility; provided, that MGE Construct shall not be responsible for performing, providing or procuring those activities, services and items for which Owners 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 MGE Power to achieve the Commercial Operation Date under the Facility Lease.

ARTICLE 4 - MGE CONSTRUCT' S RIGHTS AND RESPONSIBILITIES

4.1

Engineering, Procurement and Construction of the Facility; Performance of the Work.

MGE Construct, on behalf of the Owners, 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 CPCN and other Authorizations for the Facility; (c) the terms of this Agreement and the Facility Lease; (d) the Traffic Control Plan, the Safety Plan and the Security Plan; and (e) all applicable Laws. MGE Construct 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 Owners and such persons all in accorda nce with applicable Law and Good Utility Practice.

4.2

Retention of Qualified Subcontractors and Suppliers

MGE Construct 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 X . MGE Construct shall provide notice to Owners of all proposed Subcontractors and Suppliers for the Project who are not identified on Schedule X . Owners shall have the right to present to MGE Construct, within the time period specified in Section 16.20 of this Agreement, any objections or concerns they have regarding such proposed Subcontractors and Suppliers, which objections and concerns shall be duly considered by MGE Construct; provided, however, that the final decision and responsibility as to whether to contract with any particular Subcontractor or Supply shall reside with MGE Construct.

4.2.1

Acquisition of Contracts Negotiated by MGE . MGE Construct shall take assignment of and assume the obligation to perform all agreements relating to the construction of the Facility that have been negotiated and entered into by MGE prior to the date of this Agreement.

4.2.2

Project Engineer . MGE Construct shall retain or assume the contract by which MGE has previously retained Washington Group International, Inc. (" Engineer" ) as the engineer for the Project (" Engineer' s Contract" ). Engineer' s Contract shall include, among other terms and conditions: (a) the requirement that Engineer dedicate a competent team of professionals to perform the services required under Engineer' s Contract and keep that team available to the Project for the duration of Engineer' s Contract (which shall not end prior to the Commercial Operation Date); and (b) commercially reasonable levels of professional liability insurance protecting against errors and omissions of Engineer and Engineer' s employees and agents. Engineer shall have the primary design responsibilities with respect to the Project. Engineer' s role a nd responsibilities shall be more particularly set forth in Engineer' s Contract.

4.2.3

Project Manager/Construction Manager . MGE Construct shall retain or assume the contract (the " PM/CM' s Contract" ) by which MGE has previously retained Industrial Energy Applications, Inc. (an Alliant Energy Company) as the project manager/construction manager for the Project (" PM/CM" ). At a minimum, the PM/CM' s Contract shall obligate the PM/CM to (a) create and update the Project Schedule, subject to Owner' s approval; (b) monitor and oversee the performance of all Subcontractors and suppliers to keep the Project moving towards completion in accordance with the Project Schedule; (c) review and recommend whether to pay of all invoices submitted by Project suppliers and Subcontractors and review the work related thereto, to confirm that the work for which payment is requested has been performed; (d) inspect the Work as completed to confirm that it was constructed in accordance with the Specifications and performed to the required standard of care; (e) comply with the Safety Plan; and (f) inform MGE Construct and the Owners regarding the progress and quality of the Work, as necessary to enable them to perform their respective functions under this Agreement. PM/CM shall further have the role and responsibilities with respect to the Project, as are more particularly set forth in the PM/CM' s Contract. The PM/CM' s Contract shall make a portion of PM/CM' s compensation subject to achieving certain Project goals, including timely completion of the Work and completion of the Work within the Project budget. The PM/CM' s Contract shall further obligate the PM/CM to carry commercially reasonable amounts of professional liability insurance.

4.2.4

Major Equipment Suppliers . MGE Construct, with the assistance of PM/CM, has selected the following persons to supply the major equipment systems for the Project: (a) General Electric Packaged Power Systems, Inc. LM6000 Gas Turbine Generator Sets; (b) General Electric Company Steam Turbine Generator Set; (c) Deltak, L.L.C. Heat Recovery Steam Generators; (d) York International, Inc. Chillers; (e) Marley Cooling Technologies, Inc. Cooling Towers; and (f) KSB, Inc. Large Pump Manufacturer (collectively, the " Major Equipment Suppliers" ). MGE Construct and PM/CM, after consultation with the State, have selected the Major Equipment Suppliers through a process that evaluated, among other things, the cost, performance specifications, environmental impact, performance history with the State and the University, and demonstrated performan ce of their installed equipment. MGE Construct has or will negotiate commercially reasonable forms of contracts with the Major Equipment Suppliers (or will assume such contracts previously entered into with MGE) which shall include commercially reasonable terms and conditions, including warranties, performance guarantees and liquidated damages. To the extent applicable, the Major Equipment Supplier contracts that are executed after the date of this Agreement shall be consistent with the requirements of Article 15 .

4.2.5

Prime Subcontractors . MGE Construct shall retain the following persons as the major construction subcontractors (" Prime Subcontractors" ) for the Project: (a) J.F. Ahern Company Plant Process Piping; (b) AZCO, Inc. Major Equipment Setting; (c) J.P. Cullen & Sons, Inc. Plant Substructure & Superstructure; (d) Hooper Corporation Substation Electrical; (e) Marley Cooling Technologies, Inc. Cooling Tower Erection; and (f) Westphal & Company, Inc. Plant Electrical, including Control Wiring, Signal
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