APPENDIX H

Draft Contract

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Contents

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CPM output and ancillary requirements shall substantially conform to Exhibit D – CPM Schedule Standards.

: Contractor shall use the following CPM Software to create and maintain the Project CPM Construction Schedule:

MS Project or Primavera P6 or Other CPM software approved by Owner and the Design Professional

(Only required for Projects with a Contract Sum greater than $2,000,000)

The Contractor shall provide a Scheduler who has verifiable training and credentials in preparing and maintaining a computerized CPM Construction Schedule using the latest version of Primavera scheduling software (or other software approved by the State).

Within 5 days of being awarded the Contract and before the first payment application the Contractor shall submit the Project Scheduler’s showing the Project Scheduler’s work on previous similar types of projects. The Owner reserves the right to reject the proposed cheduler based on the lack of qualifications as defined in this Section.

The Owner, at its sole discretion, may retain a Scheduler to review all submitted schedule related contract documents. The Contractor shall respond to all issues raised by the Scheduler in writing to the Design Professional and Owner’s satisfaction.

Initial Project Plan Within 10 days of being awarded the Contract, Contractor shall furnish an electronic copy of the Baseline CPM Schedule and Summary Schedule for review and approval by the Design Professional and Owner.

The Contractor shall provide any and all reports in electronic form, including the native CPM Schedule Software files.

A Baseline CPM Schedule showing a completion date after the Substantial Completion Date is cause for rejection.

The Baseline CPM Schedule shall show a single critical path.

Each Baseline CPM Schedule activity shall include (in detail) all activities’ ID numbers, WBS breakdowns, descriptions, predecessors, successors, start/finish dates, calendars, duration, remaining duration, physical percent complete, actual dates, constraints, and other grouping codes such as location and responsibility.

No progress shall be shown in the initial Baseline Schedule.

The Baseline CPM Schedule shall not show any negative float.

Each electronic schedule file submission shall be given a file name that will enable it to be uniquely and readily identified.

The Contractor shall prepare and submit a narrative along with the Baseline CPM Schedule. The baseline narrative shall include the schedule methodology, rain day calculation, productivity considerations, high risk activities, critical path and nearly critical path description, and other general comments.

Total float or slack is defined as the minimum amount of time between the early start date and the late start date, or the early finish date and the late finish date, for any activity in the Schedule. Float or slack is not time for the exclusive use of or benefit of either the Owner or the Contractor but is a resource available to both parties on a first-needed basis and at no change in contract price. Extensions of time will not be granted unless the excusable delays affect the critical path in the Schedule as required by the Contract Terms and after all available float or slack has been used.

Use of Project float suppression techniques shall be cause for rejection of any schedule submittal. Float suppression techniques include, but are not limited to, Preferential sequencing (arranging critical path through activities more susceptible to Owner-caused delay), Special lead/lag logic restraints, Zero total or free float constraints, Extended activity durations, Imposing of constraint dates other than required by Contract, and Modifying the work calendar in a way that does not reflect when the work will take place.

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FOR Baseline CPM SchBaseline CPM Sc rr rejection.rejection.

he Baselinehe Baseline CPM SCPM S REVIEWdule showing a completion date afdule showing a completion date af hedule shall show a single critical phedule shall show a single critica ONLYr the Substantial Complethe Substantial Comple thh

1. The schedule shall include proper logic and adequate durations for all activities including but not limited to mobilization, submittals, review/approval, fabrication/delivery, installation, system shutdowns, key milestones, cleanup, remedial and restoration work, testing and start-up, submittal of closeout documentation, and demobilization.

2. Activities should be assigned clear descriptions that reflect the work being performed and substantially correspond to an item in Exhibit C - Schedule of Values. Each activity may be subdivided into sub-activities as required for planning and monitoring progress.

3. As a minimum, each Baseline CPM Schedule activity shall include (in detail) all activities’:

a. ID numbers,

b. WBS breakdowns,

c. Descriptions,

d. Predecessors,

e. Successors,

f. Start/finish dates,

g. Calendars,

h. Duration,

i. Remaining duration,

j. Physical percent complete,

k. Actual dates,

l. Constraints, and

m. Other grouping codes as required such as location and responsibility.

4. Activity durations shall not exceed 28 calendar days unless it is approved by the Owner.

5. Long Lead Items – Material, equipment other such items of the Work where an acquisition delay impacts the performance of the work must be included.

6. A Schedule Activity hierarchy that substantially reflects Exhibit C - Schedule of Values hierarchy facilitating the generation of summary schedules and cost checking Pay Applications.

7. Milestones indicators that represent significant Project Milestones such as:

a. Project Start,

b. Project Complete,

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FOR Schedule ActivitySchedule Activit erarchyerarchy facilitatinacilitatin pplicationspplications REVIEW ierarchy that substantiaierarchy that substantially reflects lly reflects he generation of summaryhe generation of summar schedulschedu ONLYxhibit C - Schedule of xhibit C - Schedule of VV and cost checking Payand cost checking Pa

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d. Final Payment, and

e. Must include any Critical Inspection Points identified by the Design Professional.

8. Activities are to be delineated by individual parties and specific work areas. No activity should be assigned more than one responsible party or one specific area.

9. Unless required by the Owner or Design Professional, Resource Loading will not be required.

10. Unless required by the Owner or Design Professional, Budget Tracking or Cost Loading will not be required.

11. No lags on finish-to-start relationships shall be used. Also, no lags that exceed the predecessor’s duration shall be used. Both circumstances create gaps between the activities. Instead, these lags need to be either removed, or converted into the activities that they are intended to represent.

12. Negative lags shall not be used.

g. CPM Periodic Progress Schedule:

1. The Contractor shall prepare a Periodic Progress Schedule prior to processing of a corresponding Pay Application that updates the Baseline CPM Schedule during the Work.

The Periodic Progress Schedule must reflect progress up to the payment application period, forecast finish for in-progress activities and re-forecast early dates for activities planned in the next update period.

2. Data dates for schedule updates must be the day after the progress period closes. Failure to make corrections to the schedule update is cause for rejection of the schedule update and will delay processing of the Pay Application. The Monthly Progress Schedule must include the following:

a. Actual start and finish dates for completed activities;

b. Actual start dates, percentage complete, actual and remaining quantities, and remaining duration for activities in progress;

c. Projected sequences of activities for future Work;

d. Planned start and finish dates for future activities; and

e. Progress for the current invoice submittal for Project activities

f. Any other output as defined in Exhibit D – CPM Schedule Standards.

3. Pending change orders shall not be incorporated into the Project Schedule unless pre-approved by the Owner. Only after a Change Order has been approved can the changes to the schedule be made and coded as such.

4. If, at any point, a schedule update shows a late Project completion by more than 15 calendar days of the contract completion date, the Contractor shall provide a separate schedule file consisting of either:

a. A recovery schedule that shows how the Contractor will complete the project within the contract duration, at no additional cost to the Owner, or;

b. Justification for granting a Time extension as defined in Contract Terms

h. Recovery Schedule:

1. Unless otherwise directed in writing by the Owner, if the Owner’s review of the Monthly

Progress Schedule indicates a late completion of the Work, or should Critical Path items shown on the Monthly Progress Schedule Submittal slip by fifteen (15) or more calendar days beyond any milestone, Contractor shall prepare a Recovery Schedule that demonstrates how Contractor intends to reschedule those activities to regain compliance with the milestones and the Contract at no additional cost to the Owner.

2. Whenever a Recovery Schedule is required, Contractor shall prepare and include the following information with the Recovery Schedule:

a. Transmittal letter;

b. Electronic copy of the file used for the proposed Recovery Schedule; and

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FOR remaining duremaining du c.c Projected seqProjected se dd Pl d t tl d t t REVIEWion for activities in progress;ion for activities in progress;

nces of activities for future Work;nces of activities for future Work d fi i h d t f f t ti itid fi i h d t f f t ti iti ONLYdd

c. Narrative describing any proposed changes to the Project Schedule, in detail, with justification for the changes, including the following:

• Changes to activity original durations;

• Changes to activity relationships and/or schedule logic;

• Cause of schedule slippage and actions taken to recover schedule within the shortest reasonable time (e.g., hiring of additional labor, use of additional construction equipment, and expediting of deliveries);

• Identification of activities that have been added, deleted, or modified; and/or

• Changes to the Project Schedule’s Critical Path.

3. Contractor is not required to prepare a Recovery Schedule if Contractor is awarded a Time Extension under the terms of Paragraph 8.3 Delays and Extension of Time a Recovery Schedule is not required at that time.

4. If the Owner or Design Professional rejects a Recovery Schedule, Contractor shall prepare a revised Recovery Schedule that incorporates the Owner’s and Design Professional’s comments.

5. When the Owner accepts Contractor’s Recovery Schedule, Contractor shall prepare an updated Project Schedule that incorporates such Recovery Schedule and becomes the Revised Baseline Schedule. Contractor must proceed in accordance with the approved Recovery Schedule.

i. Revised Baseline Schedule:

1. If Contractor is awarded a Time Extension under the terms of Article 8 – Time a Revised

Baseline Schedule is required at that time.

2. When the Owner accepts Contractor’s time extension, Contractor shall prepare an updated Project Schedule that incorporates authorized time extension and becomes the Revised Baseline Schedule.

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FOR pdated Projepdated Project Schct Sc Revised Baseline SRevised Baseline S REVIEW dule that incorporates authorized tidule that incorporates authorized t edule.edule ONLY p p e extension and becomee extension and become

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METHODS FOR CHANGES IN THE WORK PRICING

7.3.1 Fixed Price- Allowable Costs and Fees: Unless specifically authorized by additional terms and conditions of this Agreement, the Parties agree and bind themselves to the following method of calculating Change Order costs by Fixed Price or by utilizing the terms and conditions of the original funding Contract.

Time extension cost proposals will be submitted separately per 7.3.4 after the time extension has been approved per the contract terms and conditions. With each Proposal for a cost Change Order, the Contractor shall submit an itemized breakdown of any change in the Cost that shall include at least the following itemized accounting detail in the general order listed unless otherwise provided in the terms and conditions of this Agreement. For Contractor’s Direct Costs of Work, use the following:

7.3.1.1 Contractor’s Direct Costs of Work

A list of Tasks (Cost Codes) required to complete the proposed Work that shall detail the Direct Costs for the proposed Work.

Each Task shall be subdivided into the typical Cost Types required to perform the proposed Work.

Typical Cost Types may include the following or any other requisite Cost Types:

Worked performed by forces directly employed, owned or rented by Contractor

Labor: Hours and burdened rates for employees directly employed in the Change in the Work (identified with related items of material to be placed or operation to be performed) and labor burden (FICA, FUTA, SUTA, Pension, Workman’s Compensation Insurance, General Liability & Group Insurance, if any). Burdens shall not include retirement plans qualified by minimum employment time, organizational fees or dues, legal or related expenses, information technology training and the like.

Equipment: Quantities and unit utilization or rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor, Subcontractor or others;

Utilization costs shall be based on the life expectancy of the equipment and the purchase price of the equipment.

Materials: List of materials to be installed.

required to complete the proposed work.

This would include Subcontractors and Vendor’s quotes. Those quotes shall be itemized by labor, materials, equipment as well as allowable overhead and profit markup shown in the schedule below.

7.3.1.2 Contractor, Subcontractor and Subsubcontractors’s Allowable Markups for Overhead and Profit on the Work (See Allowable Overhead and Profit Schedule ) The costs for each category below shall be subtotaled and the markup applied.

Indirect Overhead and Profit may include, but is not limited to, project management costs including software, timekeeping, project accounting, main office expenses, processing of documents, computers, cell phones, and incidentals. These are not to be included in the ‘cost of Work’ because they are part of the markup agreed to and indicated in the schedule below.

Overhead and profit for both additive and deductive changes in the Work (other than changes covered by unit prices) shall be paid by applying the specified percentage markups only on the net cost of the changed Work (i.e. difference in cost between original and changed Work excluding overhead and profit) Said percentages for overhead and profit shall reasonably approximate the Contractor’s overhead and profit, but shall not exceed the percentages on the below schedule.

7.3.1.3 Other Allowable Costs

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FOR Equipment:Equipment:

exclusivexclusive ofof REVIEW uantities and unit uantities and uni utilizationtilization or or r andan ttd ools,ools, w hethhet er er rented rented from from ONLYntal nta costsosts of of machinerymachiner e e Contractor, Contractor, SubcontrSubco

Permits: Quantities and unit premiums for any permit fees requited for the proposed Work.

Insurance: Maximum of 1% mark-up for Insurances applied to the sum of Contractor’s Direct Cost and Allowable Markups.

Charges: Quantities and unit costs of any “use charges” or similar fees related to proposed Work.

Bonds: Maximum of 2% mark-up for Bonds applied to the sum of Contractor’s Direct Cost and Allowable Markups. At the Owner's request, the Contractor shall provide proof of his notification to the Surety of the proposed Work and of the Surety's agreement to include such change in its coverage.

Gross Receipts Tax: New Mexico Gross Receipts Tax (GRT) as required by statute for Contractor only.

Allowable Overhead and Profit Schedule for Direct Work Costs Amount of Change in The Work

Category of Work < 5% 0f Contract

5% of Contract

1 Contractor for Self Performed Work by forces directly employed by Contractor

10% Negotiable but < 5%

2 Contractor for Work performed by Subcontractor or Vendor

5% Negotiable but < 5%

3 Subcontractor For Self Performed Work 10% Negotiable but < 5% 4 Subcontractor for Work performed by

Subsubcontractor 5% Negotiable but < 5%

7.3.2 Time and Material: Only if specifically provided in the terms and conditions of this Agreement, the following Time and Material method of pricing may be used to price a Change in the Work subjects to the terms and conditions authorizing such pricing.

7.3.3 Unit Price: Only if specifically provided in the terms and conditions of this Agreement, the following Time and Material method of pricing may be used to price a Change in the Work subjects to the terms and conditions authorizing such pricing.

7.3.4 Time Extension Costs: Changes in the Work that extend the Contract Duration must be approved, as specifically provided in the terms and conditions of this Agreement. The costs below shall not be marked up for indirect overhead and profit unless there is no additional Work involved. Labor costs below have a definition the same as in 7.3.1.1.2(a)i above. The Contractor shall submit a separate Proposal for Change Order providing a detailed accounting of General Conditions which are Allowable Direct Site and Project Costs including the following:

Project Management Fully Burdened Labor Costs- prorated time of Project Manager(s), Project Engineer(s) and Project Scheduler Site Superintendence- Fully Burdened Labor Costs Project General Labor- Fully Burdened Labor Hourly Costs Project Company Vehicle(s) for Superintendent(s) Project Temporary Office, Supplies and Equipment Project Temporary Fencing Project Site Storage Project Temporary Utilities Project Temporary Waste Control

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FOR Time and Material Time and Material onditions authorizonditions authori REVIEW ethod of pricing may be used to prethod of pricing may be used to pr g such pricing. g such pricing. ONLYe a Change in the Work e a Change in the Work

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7.3.5 Audit: The Owner shall be entitled to audit the books and records of a Contractor or Subcontractor for any time-and-material or negotiated cost to the extent that such books and records relate to the proposal or performance of such Work. Such books and records shall be maintained by the Contractor and Subcontractor for a period of three years from the date of final payment under their respective Contracts, unless a shorter period is otherwise authorized in writing (13-1-16 , NMSA 1978).

7.3.6 Change Orders

10. Project Sanitation Requirements

11. Project Safety Requirements

12. Project SWPPP Requirements

13. Other Project Specific Direct Site Temporary Costs

These costs shall be subtotaled and calculated to a daily rate and multiplied by the number of days of the approved Time Extension. If there is no Work involved for a period of time, then overhead and profit in the amount of 5% may be added to the inactivity period. Finally, insurance, bond and NMGRT costs may be added to reach the total value of the Time Extension cost.

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8.3.2 Time Impact Analysis (TIA): Contractor shall submit a Time Impact Analysis (TIA) for any change that effects overall cost and schedule within 14 calendar days of when the delay event began. The TIA shall illustrate the impact of each change or delay on the Contract Substantial Completion Date or milestones. In addition to the limitation of delay damages provided in the Contract, the Contractor shall not be granted any time extensions or delay damages paid unless a delay occurs which consumes all available Project float, extending the projected finish beyond the Contract Completion Date. Each time impact analysis must include a fragnet demonstrating the following information:

a. How Contractor proposes to incorporate the extension of time;

b. How the change impacts the Project Schedule;

c. The sequence of new and/or existing activity revisions that are proposed to be added to the Project Schedule that is in effect when the change or delay is encountered; and

d. The proposed method for incorporating the delay and its impact to the Project Schedule.

e.

The TIA shall be a separate schedule file to be reviewed separately from the Pay Application that the Contractor must follow for providing a TIA schedule are as follows:

The modeled delay event shall be inserted into the appropriate pre-impacted schedule.

The pre-impacted schedule shall be the approved schedule of record immediately preceding the start of the delay event.

No time extension request will be considered unless all available float has been used and the impact event delayed the completion date beyond the contract date.

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Complete Name of Contractor Legal Entity

Name of Individual Signing Contract (See Note below

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