FIDIC 设计采购施工合同条件(银皮书 第4.6-6条 中英文)

FIDIC 设计采购施工合同条件 (银皮书第4.6-6条中英文) FIDIC CONTRACT OF DESIGN, PURCHASE AND CONSTRUCTION (EPC)交钥匙项目合同条件 4.6 Co-operation 合作 The Contractor shall, as specified in the Contract or as instructed by the Employer, a
FIDIC 设计采购施工合同条件(银皮书 第4.6-6条 中英文)
4.6 Co-operation合作
The Contractor shall, as specified in the Contract or as instructed by the Employer, allow appropriate opportunities for carrying out work to:
(a)                 the Employer’s personnel,          雇主人员,
(b)            any other contractors employed by the Employer, and    雇主雇用的任何其他承包商,和
(c)                the personnel of any legally constituted public authorities,
who may be employed in the execution on or near the Site of any work not included in the Contract.
Any such instruction shall constitute a variation if and to the extent that it causes the Contractor to incur Cost in an amount which was not reasonably foreseeable by an experienced contractor by the date for submission of the Tender. Services for these personnel and other contractors may include the use of Contractor’s Equipment, Temporary Works or access arrangements which are the responsibility of the Contractor.
The Contractor shall be responsible for his construction activities on the Site, and shall co-ordinate his own activities with those of other contractors to the extent (if any) specified in the Employer’s Requirements.
If, under the Contract, the Employer is required to give to the Contractor possession of any foundation, structure, plant or means of access in accordance with Contractors Documents, the Contractor shall submit such documents to the Employer in the time and manner stated in the Employer’s Requirements.
4.7 Setting out放线
The Contractor shall set out the Works in relation to original points, lines and levels of reference specified in the Contract. The Contractor shall be responsible for the correct positioning of all parts of the works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.
4.8 Safety procedures安全程序
The Contractor shall: 承包商应:
(a)              comply with all applicable safety regulations,遵守所有适用的安全规则,
(b)               take care for the safety of all persons entitled to be on the    Site,
    (c) use reasonable efforts to keep the Site and Works clear of   unnecessary obstruction so as to avoid danger to these persons,
(d) providing fencing, lighting, guarding and watching of the Works   until completion and taking over under Clause 10 [Employer’s Taking Over], and
(e) provide any Temporary Works (including roadways, footways,      guards and fences) which may be necessary, because of the execution of the Works, for the use and protection of the pubic and of owners and occupiers of adjacent land.
4.9 Quality Assurance质量保证
The Contractor shall institute a quality assurance system to demonstrate compliance with the requirements of the Contract. The system shall be in accordance with the details stated in the Contract. The Employer shall be entitled to audit any aspect of the system.
Details of all procedures and compliance documents shall be submitted to the Employer for information before each design and execution stage is commenced. When any document of a technical nature is issued to the Employer, evidence of the prior approval by the Contractor himself shall be apparent on the document itself.
Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the Contract.
4.10 Site Data现场数据
The Employer shall have made available to the Contractor for his information, prior to the Base Date, all relevant data in the Employer’s possession on subsurface and hydrological conditions at the Site, including environmental aspects. The Employer shall similarly make available to the Contractor all such data which come into the Employer’s possession after the Base Date.
The contractor shall be responsible for verifying and interpreting all such data. The Employer shall have no responsibility for the accuracy or completeness of such data, except as stated in Sub-Clause 5.1 [General Design Responsibilities].
4.11 Sufficiency of the Contract Price合同价格
The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the Contract Price.
Unless otherwise stated in the Contract, the Contract price covers all the Contractor’s obligations under the Contract (including those under Provisional Sums, if any) and all things necessary for the proper design, execution and completion of the Works and the remedying of any defects.
4.12 Unforeseeable Difficulties不可预见的困难
Except as otherwise stated in the Contract:
the Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the Works;
by signing the Contract, the Contractor accepts total responsibility for having foreseen all difficulties and costs of successfully completing the Works; and
the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs.
4.13 Rights of way and Facilities道路通行权于设施
The Contractor shall bear all costs and charges for special and/or temporary rights-of-way which he may require, including those for access to the Site. The Contractor shall also obtain, at his risk and cost, any additional facilities outside the Site which he may require for purposes of the Works.
4.14 Avoidance of Interference避免干扰
The Contractor shall not interfere unnecessarily or improperly with:
(a)the convenience of the public, or
(b)    the access to and use and occupation of all roads and     footpaths, irrespective of whether they are public or in the possession of the Employer or of others.
The Contractor shall indemnify and hold the Employer harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from any such unnecessary or improper interference.
4.15 Access Route进场通路
The Contractor shall be deemed to have been satisfied as to the suitability and availability of access routes to the Site. The Contractor shall use reasonable efforts to prevent any road or bridge from being damaged by the Contractor’s traffic or by the Contractor’s Personnel. These efforts shall include the proper use of appropriate vehicles and routes.
Except as otherwise stated in these Conditions:
(a)     the Contractor shall (as between the Parties) be responsible for      any maintenance which may be required for his use of access routes;
(b)                             the Contractor shall provide all necessary signs or directions along access routes, and shall obtain any permission which may be required from the relevant authorities for his use of routs, signs and directions;
(c)                             the Employer shall not be responsible for any claims which may arise from the use or otherwise of any access route,
(d)                             the Employer does not guarantee the suitability or availability of particular access routes, and
(e)                             Costs due to non-suitability or non-availability, for the use required by the Contractor, of access routes shall be borne by the Contractor.
          因进场通路对承包商的使用要求不适宜、不能用而发生的费用应由  承包商负担.
4.16 Transport of Goods货物运输
Unless otherwise stated in the Particular Conditions.
(a)    the Contractor shall give the Employer not less than 21 days’ notice of the date on which any Plant or a major item of other Goods will be delivered to the Site;
(b)    the Contractor shall be responsible for packing, loading,   transporting, receiving, unloading, storing and protecting all Goods and other things required for the Works; and
(c)    the Contractor shall indemnify and hold the   Employer harmless   against and from all damages, losses and expenses (including legal fees and expenses) resulting from the transport of Goods, and shall negotiate and pay all claims arising from their transport.
4.17 Contractor’s Equipment承包商设备
The Contractor shall be responsible for all Contractor’s Equipment. When brought on to the Site, Contractor’s Equipment shall be deemed to be exclusively intended for the execution of the Works.
4.18 Protection of the Environment 环境保护
The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and to limit damage and nuisance to people and property resulting from pollution, noise and other results of his operations.
The Contractor shall ensure that emissions, surface discharges and effluent from the Contractor’s activities shall not exceed the values indicated in the Employer’s Requirements, and shall not exceed the values prescribed by applicable Laws.
4.19 Electricity, Water and Gas电、水和燃气
The Contractor shall, except as stated below, be responsible for the provision of all power, water and other services he may require.
The Contractor shall be entitled to use for the purposes of the Works such supplies of electricity, water, gas and other services as may be available on the Site and of which details and prices are given in the Employer’s Requirements. The Contractor shall, at his risk and cost, provide any apparatus necessary for his use of these services and for measuring the quantities consumed.
The quantities consumed and the amounts due (at these prices) for such services shall be agreed or determined in accordance with Sub-Clause 2.5 [Employer’s Claims] and Sub-Clause 3.5 [Determinations]. The Contractor shall pay these amounts to the Employer.
4.20 Employer’s Equipment and Free-Issue Material 雇主设备和免费供应的材料
The Employer shall make the Employer’s Equipment (if any) available for the use of the Contractor in the execution of the Works in accordance with the details, arrangements and prices stated in the Employer’s Requirements. Unless otherwise stated in the Employer’s Requirements:
(a)    the Employer shall be responsible for the Employer’s    Equipment, except that
(b)    the Contractor shall be responsible for each item of Employer’s Equipment whilst any of the Contractor’s Personnel is operating it, driving it, directing it or in possession or control of it.
The appropriate quantities and the amounts due (at such stated price) for the use of Employer’s Equipment shall be agreed or determined in accordance with Sub-Clause 2.5 [Employer’s Claims] and Sub-Clause 3.5 [Determinations]. The Contractor shall pay these amounts to the Employer.
The Employer shall supply, free of charge, the “free-issue material” (if any) in accordance with the details stated in the Employer’s Requirement. The Employer shall, at his risk and cost, provide these materials at the time and place specified in the contractor. The Contractor shall then visually inspect them, and shall promptly give notice to the Employer of any shortage, defect or default in these materials. Unless otherwise agreed by both Parties, the Employer shall immediately rectify the notified shortage, defect or default.
After this visual inspection, the free-issue materials shall come under the care, custody and control of the Contractor. The Contractor’s obligations of inspection, care, custody and control shall not relieve the Employer of liability for any shortage, defect or default not apparent from a visual inspection.
4.21 Progress Reports进度报告
Unless otherwise stated in the Particular Conditions, monthly progress reports shall be prepared by the Contractor and submitted to the Employer in six copies. The first report shall cover the period up to the end of the first calendar month following the Commencement Date. Reports shall be submitted monthly thereafter, each within 7 days after the last day of the period to which it relates.
Reporting shall continue until the Contractor has completed all work which is known to be outstanding at the completion date stated in the Taking-Over Certificate for the Works.
Each report shall include: 每份报告应包括:
(a)      charts and detailed descriptions of progress, including each stage of design, Contractor’s Documents, procurement, manufacture, delivery to Site, construction, erection, testing, commissioning and trial operation;
(b)          photographs showing the status of manufacture and of   progress on the Site;
(c)                   for the manufacture of each main item of Plant and Materials, the name of the manufacturer, manufacture location, percentage progress, and the actual or expected dated of:
(i)           commencement of manufacture开始制造,
(ii)             Contractor’s inspections承包商检验,
(iii)                 test, and  试验,
(iv)            shipment and arrival at the Site;         发货和运抵现场;
(d)           the details described in Sub-Clause 6.10 [Records of Contractor’s personnel and Equipment];
(e)          copies of quality assurance document documents, test results and certificates of Materials;
(f)          list of Variations, notices given under Sub-Clause 2.5 [Employer’s Claims] and notices given under Sub-Clause 20.1 [Contractor’s Claims];
(g)        safety statistic, including details of any hazardous incidents and activities relating to environmental aspect and public relations; and
(h)                         Comparisons of actual and planned progress, with details of any events or circumstances which may jeopardize the completion in accordance with the Contract, and the measures being (or to be) adopted to overcome delays.
4.22 Security of the Site现场保安
Unless otherwise stated in the Particular Conditions:
(a)                                           the Contractor shall be responsible for keeping unauthorized persons off the Site, and
(b)                                           authorized persons shall be limited to the Contractor’s personnel and the Employer’s Personnel; and to any other personnel notified to the Contractor, by (or on behalf of) the Employer, as authorized personnel of the Employer’s other contractors on the Site.
4.23 Contractor’s Operations on Site 承包商的现场作业
The Contractor shall confine his operations to the Site, and to any additional areas which may be obtained by the Contractor and agreed by the Employer as working areas. The Contractor shall take all necessary precautions to keep Contractor’s Equipment and Contractor’s Personnel within the Site and these additional areas, and to keep them off adjacent land.
During the execution of the Works, the Contractor shall keep the Site free from all unnecessary obstruction, and shall store or dispose of any Contractor’s Equipment or surplus materials. The Contractor shall clear away and remove from the Site any wreckage, rubbish and Temporary Works which are no longer required.
Upon the issue of the Taking-Over Certificate for the Works, the Contractor shall clear away and remove all Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works. The Contractor shall leave the Site and the Works in a clean and safe condition. However, the Contractor may retain on Site, during the Defects Notification Period, such goods as are required for the Contractor to fulfill obligations under the Contract.
4.24 Fossils化石
All fossils, coins, articles of value or antiquity, and structures and other remains or items of geological or archaeological interest found on the Site shall be placed under the care and authority of the Employer. The Contractor shall take reasonable precautions to prevent Contractor’s Personnel or other persons from removing or damaging any of these findings.
The Contractor shall, upon discovery of any such finding, promptly give notice to the Employer, who shall issue instructions for dealing with it. If the Contractor suffers delay and/or incurs Cost from complying with the instructions, the Contractor shall give a further notice to the Employer and shall be entitled subject to Sub-Clause 20.1[Contractor’s Claims] to: 一旦发现任何上述物品,承包商应立即通知雇主。雇主应就处理上述物品发出指示。如果承包商因执行这些指示遭受延误和(或)招致费用,承包商应向雇主再次发出通知,有权根据第20.1款[承包商的索赔]的规定提出:
(a)                                           an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion],and
(b)                                           payment of any such Cost, which shall be added to the Contract Price.
After receiving this further notice, the Employer shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine these matters.
1           Design设计
5.1 General Design Obligations设计义务一般要求
The Contractor shall be deemed to have scrutinized, prior to the Base Date, the Employer’s Requirements (including design criteria and calculations, if any). The Contractor shall be responsible for the design of the Works and for the accuracy of such Employers Requirements (including design criteria and calculations), except as stated below.
The Employer Shall not be responsible for any error, inaccuracy or omission of any kind in the Employer’s Requirements as originally included in the Contract and shall not be deemed to have given any representation of accuracy or completeness of any data or information, except as stated below. Any data or information received by the contractor, from the Employer or otherwise, shall not relieve the contractor from his responsibility for the design and execution of the Works.
However, the Employer shall be responsible for the correctness of the following portions of the Employer’s Requirements and of the following data and information provided by (or on behalf of) the Employer:
(a)                                           portions, data and information which are stated in the Contract as being immutable or the responsibility of the Employer,
(b)                                           definitions of intended purposes of the Works or any parts thereof,
(c)                                           criteria for the testing and performance of the completed Works, and
(d)                                           portions, data and information which cannot be verified by the Contractor, except as otherwise stated in the Contract.
5.2 Contractor’s Documents承包商文件
The Contractor’s Documents shall comprise the technical documents specified in the Employer’s Requirements, documents required to satisfy all regulatory approvals, and the documents described in Sub-Clause 5.6 [As-Built Documents] and Sub-Clause5.7 [Operation and Maintenance Manuals]. Unless otherwise stated in the Employer’s Requirements, the Contractor’s Documents shall be written in the language for communications defined in Sub-Clause 1.4 [Law and Language].
The Contractor shall prepare all Contractor’s Documents, and shall also prepare any other documents necessary to instruct the Contractor’s Personnel.
If the Employer’s Requirements describe the Contractor’s Documents which are to be submitted to the Employer for review, they shall be submitted accordingly, together with a notice as described below. In the following provisions of this Sub-Clause, (i) “review period” means the period required by the Employer for review, and (ii) “Contractor’s Documents” exclude an documents which are not specified as being required to be submitted for review.
Unless otherwise stated in the Employer’s Requirements, each review period shall not exceed 21 days, calculated from the date on which the Employer receives a contractor’s Document and the Contractor’s notice. This notice shall state that the contractor’s Document is considered ready, both for review in accordance with this Sub-Clause and for use. The notice shall also state that the Contractor’s Document complies with the Contract, or the extent to which it does not comply.
The Employer may within the review period, give notice to the Contractor that a Contractor’s Document fails (to the extent stated) to comply with the Contract. If a Contractor’s Document so fails to comply, it shall be rectified, resubmitted and reviewed in accordance with this Sub-Clause, at the Contractor’s cost.
For each part of the Works, and except to the extent that the Parties otherwise agree:
(a)                                           execution of such part of the Works shall not commence prior to the expiry of the review periods for all the Contractor’s Documents which are relevant to its design and execution;
(b)                                           execution of such part of the Works shall be in accordance with these Contractor’s Documents, as submitted for review; and
(c)                                           if the Contractor wishes to modify any design or document which has previously been submitted for review, the Contractor shall immediately give notice to the Employer. Thereafter, the Contractor shall submit revised document to the Employer in accordance with the above procedure.
 如果承包商希望对已送审的设计或文件进行修改,应立即通知雇 主.然后,承包商应按照前述程序将修改后的文件提交雇主.
 Any such agreement (under the proceeding paragraph) or any review (under this Sub-Clause or other-wise) shall not relieve the Contractor from any obligation or responsibility.
5.3 Contractor’s Undertaking承包商的承诺
The Contractor undertakes that the design, the Contractor’s Documents, the execution and the completed works will be in accordance with:
(a)                                     the Laws in the Country, and
(b)                                     the documents forming the Contract, as altered or modified by Variations.
5.4 Technical Standards and Regulations技术标准和法规
The design, the Contractor’s Document, the execution and the completed Works shall comply with the country’s technical standards, building, construction and environmental Laws, Laws applicable to the product being produced from the Works, and other standards specified in the Employer’s Requirements, applicable to the Works, or defined by the applicable Laws.
All these Laws shall, in respect of the Works and each Section, be those prevailing when the Works or Section are taken over by the Employer under Clause 10 [Employer’s Taking Over]. References in the Contract to published standards shall be understood to be references to the edition applicable on the Base Date, unless stated otherwise.
If changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall give notice to the Employer and (if appropriate) submit proposals for compliance. In the event that:
(a)                                     the Employer determines that compliance is required, and
(b)                                     the proposals for compliance constitute a variation,
then the Employer shall initiate a Variation in accordance with Clause 13 [Variations and Adjustments].
5.5 Training培训
The Contractor shall carry out the training of Employer’s Personnel in the operation and maintenance of the Works to the extent specified in the Employer’s Requirements. If the Contract specifies training which is to be carried out before taking-over under Sub-Clause 10.1[Taking-Over of the Works and Sections] until this training has been completed.,
5.6 As-Built Documents竣工文件
The Contractor shall prepare, and keep up-to-date, a complete set of “as-built” records of the execution of the Works, showing the exact as-built locations, sizes and details of the work as executed. These records shall be kept on the Site and shall be used exclusively for the purposes of this Sub-Clause. Two copies shall be supplied to the Employer prior to the commencement of the Tests on Completion.
In addition, the Contractor shall supply to the Employer as-built drawings of the Works, showing all Works as executed, and submit them to them to the Employer for review under Sub-Clause 5.2[Contractor’s Documents]. The Contractor shall obtain the consent of the Employer as to their size, the referencing system, and other relevant details.
Prior to the issue of any Taking-over Certificate, the Contractor shall supply to the Employer the specified numbers and types of copies of the relevant as-built drawings, in accordance with the Employer’s Requirements. The Works shall not be considered to be completed for the purposes of taking-over under Sub-Clause 10.1[Taking Over of the Works and Sections] until the Employer has received these documents.
5.7Operation and Maintenance Manuals 操作和维修手册
Prior to commencement of the Tests on Completion, the Contractor shall supply to the Employer provisional operation and maintenance manuals in sufficient detail for the Employer to operate, maintain, dismantle, reassemble, adjust and repair the Plant.
The Works shall not be considered to be completed for the purposes of taking-over under Sub-Clause 10.1[Taking-Over of the Works and Sections] until the Employer has received final operation and maintenance manuals in such detail, and any other manuals specified in the Employer’s Requirements for these purposes.
5.8  Design Error设计错误
If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Contractor’s Documents, they and the Works shall be corrected at the Contractor’s cost, notwithstanding any consent or approval under this Clause.
6  Staff and Labour员工
6.1 Engagement of Staff and Labour员工的雇用
Except as otherwise stated in the Employer’s Requirements, the Contractor shall make arrangements for the engagement of all staff and labour, local or otherwise, and for their payment, housing, feeding and transport.
6.2 Rates of Wages and Conditions of Labour工资标准和劳动条件
The Contractor shall pay rates of wages, and observe conditions of labour, which are not lower than those established for the trade or industry where the work is carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor.
6.3 Persons in the Service of Employer为雇主服务的人员
The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst the Employer’s Personnel.
6.4 Labour Laws劳动法
The Contractor shall comply with all the relevant labour Laws applicable to the Contractor’s Personnel, including Laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights.
The Contractor shall require his employees to obey all applicable Laws, including those concerning safety at work.
6.5 Working Hours  工作时间
No work shall be carried out on the Site on locally recognized days of rest, or outside normal working hours, unless: 除非出现下列情况,在当地公认的休息日,或在正常工作时间以外,不应在现场进行工作:
(a)                                           otherwise stated in the Contract,
(b)                                           the Employer gibes consent, or
(c)                                           the work is unavoidable, or necessary for the protection of life or property or for the safety of the Works, in which case the Contractor shall immediately advise the Employer.
6.6 Facilities for Staff and Labour为员工提供设施
Except as otherwise stated in the Employer’s Requirements, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel. The Contractor shall also provide facilities for the Employer’s Personnel as stated in the Employer’s Requirements.
The contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Permanent Works.
6.7 Health and Safety健康和安全
The Contractor shall at all time take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel. In collaboration with local health authorities, the Contractor shall ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel, and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics.
The Contractor shall appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility, and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority.
The Contractor shall send, to the Employer, details of any accident as soon as practicable after its occurrence. The Contractor shall maintain records and make reports concerning health, safety and welfare of persons, and damage to property, as the Employer may reasonably require.
6.8 Contractor’s Superintendence承包商的监督
Throughout the design and execution of the Works, and as long thereafter as is necessary to fulfill the contractor’s obligations, the Contractor shall provide all necessary superintendence to plan, arrange, direct, manage, inspect and test the work.
Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language for communications (defined in Sub-Clause 1.4[Laws and Language]) and of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents), for the satisfactory and safe execution of the Works.
此类监督应由足够的人员执行,他们应具有交流所有语言(第1.4款[法律和语言]所规定的) 、以及合乎要求地、安全地实施工程各项作业所需的足够的知识(包括需要的方法和技术、可能遇到的危险和预防事故的方法).
6.9 Contractor’s Personnel承包商人员
The Contractor’s Personnel shall be appropriately qualified, skilled and experienced in their respective trades or occupations. The Employer may require the contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Contractor’s Representative if applicable, who:
(a)  persists in any misconduct or lack of care,
(b)  carries out duties incompetently or negligently
(c)  falls to conform with any provisions of the Contract, or
(d)  persists in any conduct which is prejudicial to safety, health, or the protection of the environment.
If appropriate, the contractor shall then appoint (or cause to be appointed) a suitable replacement person.
6.10 Records of contractor’s Personnel and Equipment承包商人员和设备的记录
The Contractor shall submit, to the employer, details showing the number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment on the Site. Details shall be submitted each calendar month, in a form approved by the Employer, until the Contractor has completed all work which is known to be outstanding at the completion date stated in the Taking-Over Certificate for the Works.
6.11 Disorderly Conduct无序行为
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst the Contractor’s Personnel, and to preserve peace and protection of persons and property on and near the Site.