16-Appendix H - Draft Contract.pdf

APPENDIX H

Draft Contract

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(From PA - Enter or "Pending NTP")

Funding Contract ID

(Complete Name of Contractor)

(Name of Individual Signing Contract)

(Title of Individual Signing Contract)

(Physical Address of Contractor)

(Mailing Address of Contractor)

(City, State. Zip of Contractor)

(Telephone of Contractor)Robert Luedeke

Robert.Luedeke@gsd.nm.gov; Article 5.6 Notices, Part A) (Email Address of Contractor for Notice; Article 5.6 Notices, Part A)

NM DPS ABQ Metro Complex

Hartman + Majewski Design Group

Doug Majewski

120 Vassar Drive SE, Suite 100, Albuquerque, NM 87106

120 Vassar Drive SE, Suite 100, Albuquerque, NM 87106 dmajewski@designgroupnm.com

505.242.6884

The Work consists of the construction of a new Albuquerque Metropolitan Complex for the New Mexico Department of Public Safety, located at 1250 Menaul Boulevard NE, Albuquerque, New Mexico. The new facility will replace the existing District 5 (D-5) Station currently located at 2501 Carlisle Boulevard NE.

The Project includes the construction of two primary structures and associated site improvements. The first structure is a main building of approximately 8,775 square feet, intended to house a Uniform Bureau. The main building shall include, but is not limited to, a public lobby, administrative and staff office areas, and secure/restricted areas. Secure areas shall include evidence storage, a booking and processing area, holding cells, and a sally port designed for secure vehicle transfer and detainee intake.

The second structure is a separate vehicle maintenance building of approximately 4,750 square feet, intended to support fleet servicing and maintenance operations.

The Work further includes the development of the site, comprising approximately three (3) acres, including grading, drainage, utilities, parking areas, drive aisles, site lighting, landscaping, security features, and all associated infrastructure required for a complete and operational facility.

In addition to on-site construction, the Work includes off-site improvements to be completed under a Public Work Order (PWO). These improvements shall include, but are not limited to, roadway and access enhancements necessary to provide vehicular ingress and egress to the site from Menaul Boulevard to the north and from the Frontage Road to the east, including all associated civil, traffic control, and utility work required by governing authorities.

The Work shall also include the procurement, delivery, installation, and coordination of all Furniture, Fixtures, and Equipment (FF&E) required for the full use and occupancy of the facility. FF&E shall include, but is not limited to, office furnishings, workstations, seating, casework, evidence storage systems, detention and holding cell equipment, specialized law enforcement fixtures, maintenance equipment, and all other items identified in the Contract Documents. The Contractor shall coordinate all FF&E installation with building systems, utilities, and construction sequencing to ensure complete integration with the Work.

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Contents

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.

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,

c. Substantial Completion,

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

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.

a) b) c)

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.

Clash detection shall include all major systems, specifically:

• HVAC ductwork and equipment

• Plumbing piping and fixtures

• Structural framing and supports

• Architectural components (ceilings, soffits, walls)

• Electrical systems (lighting, power, panels)

• Telecommunications and data systems

• Access control systems

• Fire protection systems (sprinklers, piping)

Allowance No. 1: Lump-Sum Allowance: Include the sum of $280,000.00 for Movable

• Furniture Package as shown on Drawings.

1. This allowance includes material, receiving, handling, and installation costs, and Contractor overhead and profit.

Allowance No. 2: Lump-Sum Allowance: Include the sum of $25,000.00. for Signage Package, as specified in the following Sections:

1. Section 10 14 16 "Plaques" and as shown on Drawings.

2. Section 10 14 19 "Dimensional Letter Signage" and as shown on Drawings.

3. Section 10 14 23 "Panel Signage".

4. This allowance includes material cost receiving, handling, and installation and Contractor overhead and profit Allowance No. 3: Lump-Sum Allowance: Include the sum of $500,000.00 for Off-site Development, as shown on Drawings.

1. This allowance includes material cost receiving, handling, and installation and Contractor overhead and profit.

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