Two related courses: Electric Vehicles 101 and
EV Charging Infrastructure
EPC Contracts for Power and Energy Projects
January 11-12, 2022
An EPC contract is utilized for the development of power and energy projects and comprehensively addresses all aspects of the design, procurement, and construction of the project. It sets forth the duties, obligations, and responsibilities of the parties, defines the scope of work, allocates risk among the parties, and sets forth the financial obligations and entitlements of the parties. Understanding the provisions, mechanisms, and concepts regularly utilized in an EPC contract is critical to successfully developing a project from inception to commercial operation.
This course will cover everything from conception to completion, with the end goal of teaching the attendees everything they need to know in order to go back to their organizations with a vast and holistic knowledge of the contracting process in order to participate in in-depth conversations.
Learning Outcomes
- Review the objectives of EPC contracts (including enforceability, usability, allocation of risk, etc.) as well as the RFP and bidding process
- Discuss the anatomy of the contract from its development and description to prerequisites, obligations, and issues
- Identify how to negotiate EPC contracts including best practices, practical approaches, and the development of exhibits (i.e., order of precedence, personnel, security, permits, commissioning, etc.)
- Gauge how to avoid, navigate, and manage claims
TUESDAY, JANUARY 11, 2022 9:00 a.m. – 4:30 p.m. Central Time
EPC Contracts and Power & Energy Projects
- What Are They and Why Are They Used?
- Overview of A Typical EPC Contract
- Objectives
- Enforceability and Usability (Contract Administration)
- Defined Relationships and Obligations
- Allocation of Risk
- RFP / Bid Process
- Development of Bid Specification
- Q&As
- Submittal and Review of Commercial Bid / Pricing
- Contract Negotiations and Markup
- Technical Bid / Project Feasibility
Anatomy of an EPC Contract for a Power & Energy Project
- Project Development / Description
- Technical Specification
- Bid Specification / Conformance Specification
- Standards of Performance
- Contractor Obligations
- Owner Obligations
- Project Milestones – Mechanical Completion, Substantial Completion, and Final Completion
- Performance Testing and Performance Guarantees
- Liability and Damages, Schedule Liquidated Damages, and Performance Liquidated Damages
- Price and Payment
- Work Schedule
- Payment Schedule – Deliverables and Milestones
- Cash Flow / Drawdown Schedule
- Time and Materials / Unit Pricing
- Delays
- Corrective Plans
- Recovery Plans
- Changes
- Scope Change
- Change Order Process
- Pricing Change (Markups)
- Schedule Change
- Environmental Conditions / Hazardous Materials
- Contractor Prerequisites – Utility Policies and Protocols
- Contractor Safety Program
- Utility Administrative Control Directives (Fit for Duty / Access Authorization Screening / Other)
- Code of Conduct
- Diversity Requirements / EEOC
- Collective Bargaining Agreements
- Cybersecurity – Information Security
- Invoicing
- Audit / Books & Records
- Quality Management / Inspection / Testing / Documentation
- Key Personnel
- Major Subcontractors
- Contractor Liens/ Bonding / Lien Waivers and Releases
- Taxes
- Regulatory Obligations
- Regulatory Approval / Conditions Precedent – Certificate of Public Convenience and Necessity, Resource Planning, Cost Recovery, Interconnection, Affiliated Transactions, and Service Quality
- Confidentiality: NERC/FERC/NRC; Proprietary Information/Trade Secret
- Offshore Work and Data Transfer
- Environmental Compliance
- Bulk Power System / National Security
- Commercial Issues
- Limitation of Liability
- Warranties
- Force Majeure, COVID-19 Impacts
- Indemnification
- Insurance
- Termination for Convenience and Termination for Default
- Termination Payment Schedule
- Financial Security – Letter of Credit / Parent Guarantee
- Project Financing
- Assignment – Permitted Transfer / ROFO
- Boilerplate Provisions
WEDNESDAY, JANUARY 12, 2022
9:00 a.m. – 12:00 p.m. Central Time
Negotiating EPC Contracts for Power & Energy Projects
- Best Practices and Practical Approaches
- Development of Exhibits
- Order of Precedence
- Technical Specification – Conformance Specification / Standards of Performance
- Key Personnel
- Contractor Safety Program
- Major Subcontractors / Approved Equipment Suppliers
- Financial Security – Letter of Credit / Parent Guarantee
- Price and Payment Schedule (Time and Materials / Overtime)
- Optional Pricing Schedule
- Permits – Contractor / Utility
- Reporting Requirements (Daily / Weekly / Monthly / Quarterly)
- Spare Parts List
- Training Programs
- Document Submittals
- Commissioning / Testing Plan
- Environmental / Site Description
Avoiding and Managing Claims
- Common Claims and Their Causes
- Best Practices for Avoiding and Managing Claims and Disputes
- Navigating the Disputes Process
Project Management for Construction
January 12-13, 2022 | Online :: Central Time
Managing construction projects in the real world can be very different from what you learn in the book; it gives us a good background from which to start, but it cannot come close to predicting what can and ultimately will happen in the real world.
In the real world, projects fail—a lot. Throughout this course, we will discuss how and why projects fail, as well as risks and how to quantify and manage them, and conclude with building an understanding of how to deal with stakeholders on a construction project. Whether you’re planning your first venture or you’re a veteran project manager who is looking for new ideas for your execution, the goal of this course is to leave attendees feeling confident in their ability to create, monitor, and complete a construction project successfully.
Learning Outcomes
- Review the project basics, including how to initiate, plan, execute, and close a project
- Evaluate how to manage your project so it is on time and on-budget (i.e., avoiding failure to meet schedules, budget overruns, quality issues, etc.)
- Identify project risks and determine their impact, ownership, and response
- Discuss how to manage stakeholders, as well as conflict and communication management, team building, and situational leadership
WEDNESDAY, JANUARY 12, 2022
1:00 – 4:30 p.m. Central Time
Keep it Simple: Back to the Project Basics
Managing Construction Projects with PMI Basics
- Introduction
- Initiating
- Planning
- Execution
- Closing
Review and Q&A
THURSDAY, JANUARY 13, 2022 9:00 a.m. – 4:30 p.m. Central Time
The Other 30%: Manage Your Construction Project On-Time and On-Budget
Approximately 70% of all projects late and over budget. The average cost overrun is more than 40%.
- Learn reasons projects fail
- Budget overruns
- Failure to meet schedule
- Reduced scope delivery
- Quality issues
Risky Business: Identify & Manage Construction Project Risks
Projects, by definition, are uncertain. To be successful, a project manager needs to address risk management proactively and consistently throughout a project.
- Steps in identifying risks
- Evaluate risks vs. opportunities
- Determining risk impact
- Risk ownership
- Risk response
The Art of Stakeholder Management: Identify & Manage Key Construction Project Stakeholders
Great project managers know that success goes beyond the triple constraint deliverables and includes managing stakeholder expectations.
- Identify key project stakeholders
- Stakeholder analysis
- Develop communication strategy
- Perform risk analysis
- Communication and project leadership
- Team building
- Conflict management
- Communication management
- Management styles
- Situational leadership
- Team building
Review and Q&A
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