Common use of PROJECT CONDITIONS Clause in Contracts

PROJECT CONDITIONS. PRE-JOB, CONDITIONS, SAFETY, HEALTH & SANITATION Section 1. Pre-Job Conference. The Prime Contractor and the sub-contractors at all tier levels shall be required to provide to SPS completed pre-job forms (Attachment C) and attend a pre-job conference at least two (2) weeks (and no more than 90 days) prior to the commencement of construction activities for each particular Contractor including any additions or expansion of the original scopes to the construction contract. The Contractor agrees that all sub-contractors will be required to arrange their attendance at such a pre- job conference by notifying SPS. The Contractor may attend with the subcontractor but is not required. In addition to the project information, the Prime Contractor and/or its sub- contractors will present all information available regarding the scope of work, craft trade assignments, self-performed work, sub-contractor list if applicable, a letter of assent, core worker list, start dates, duration of job, estimated peak employment, safety rules, and any other conditions deemed particular to the contract or subcontract. The Prime Contractor shall provide the SCWA Agreement, apprenticeship requirements, Priority Hire requirements, Preferred Entry requirements, and Diversity hiring goals (if any) for the project to all Contractors. Should any craft disagree with the Contractor’s proposed classification for craft work at the pre-job meeting, it remains the full responsibility of the Contractor to select the prevailing wage and craft designation that the Contractor believes is appropriate. However, the Contractor shall have the remaining week prior to submitting the Final Trades assignment and prior to the start of work on the site to consider the information provided and to determine if the Contractor wishes to modify their intended pay and craft designation. All Contractors shall confer with any craft challenging initial trade assignments prior to submitting a Final Trade Assignment (Attachment C). Contractors shall file a Final Trade Assignment a minimum of one week after the pre-job conference and prior to starting work. A craft challenging a Contractor’s Final Trade Assignment shall notify SPS. The Prime Contractor and/or sub-contractors having previously attended a pre-job conference for any other regional PLA or CWA covered project may submit a request for a waiver through SPS to the Building Trades from attending the pre-job meetings provided they are performing the same scope of work. Should an emergency make it impracticable for a Contractor to attend a pre-job two weeks ahead of commencing work, the Contractor may give less than two weeks’ notice and request a pre-job meeting be scheduled accordingly by contacting SPS.

PROJECT CONDITIONS. PRE-JOB, CONDITIONS, SAFETY, HEALTH & SANITATION Section 1. Pre-Job Conference. The Prime Contractor and the sub-contractors at all tier levels shall be required to provide to SPS completed pre-job forms form (Attachment C) and attend a pre-job conference at least two (2) weeks (and no more than 90 days) prior to the commencement of construction activities for each particular Contractor including any additions or expansion of the original scopes to the construction contract. The Contractor agrees that all sub-contractors will be required to arrange their attendance at such a pre- job conference by notifying SPS. The Contractor may attend with the subcontractor but is not required. In addition to the project information, the Prime Contractor and/or its sub- contractors will present all information available regarding the scope of work, craft trade assignments, self-performed work, sub-contractor list if applicable, a letter of assent, core worker list, start dates, duration of job, estimated peak employment, safety rules, and any other conditions deemed particular to the contract or subcontract. The Prime Contractor shall provide the SCWA Agreement, apprenticeship requirements, Priority Hire requirements, Preferred Entry requirements, and Diversity hiring goals (if any) for the project to all Contractors. Should any craft disagree with the Contractor’s proposed classification for craft work at the pre-job meeting, it remains the full responsibility of the Contractor to select the prevailing wage and craft designation that the Contractor believes is appropriate. However, the Contractor shall have the remaining week prior to submitting the Final Trades assignment and prior to the start of work on the site to consider the information provided and to determine if the Contractor wishes to modify their intended pay and craft designation. All Contractors shall confer with any craft challenging initial trade assignments prior to submitting a Final Trade Assignment (Attachment C). Contractors shall file a Final Trade Assignment a minimum of one week after the pre-job conference and prior to starting work. A craft challenging a Contractor’s Final Trade Assignment shall notify SPS. The Prime Contractor and/or sub-contractors having previously attended a pre-job conference for any other regional PLA or CWA covered project may submit a request for a waiver through SPS to the Building Trades from attending the pre-job meetings provided they are performing the same scope of work. Should an emergency make it impracticable for a Contractor to attend a pre-job two weeks ahead of commencing work, the Contractor may give less than two weeks’ notice and request a pre-job meeting be scheduled accordingly by contacting SPS.

PROJECT CONDITIONS. PRE-JOBThe Borrower agrees to the following Construction Conditions: PROJECT COMPLETION means the date the operations of the completed works are initiated or capable of being initiated, CONDITIONSwhichever is earlier. This also applies to individual phases or segments. A. The Borrower shall achieve Project Completion by the end of the loan agreement term. If the Borrower is unable to complete the project by the loan termination date, SAFETY, HEALTH & SANITATION Section 1. Pre-Job Conference. The Prime Contractor and the sub-contractors at all tier levels shall be required to provide to SPS completed pre-job forms (Attachment C) and attend a pre-job conference Borrower must notify NMED at least two (2) weeks (and no more than 90 days) 30 days prior to the commencement loan termination date, otherwise, NMED may terminate this Agreement or may withhold Funds. If NMED terminates this Agreement, the Borrower shall refund any Funds disbursed to the Borrower by NMED within ninety (90) days of construction activities for each particular termination. B. The Borrower shall require the Contractor including any additions or expansion of the original scopes Project to post a performance and payment bond approved by NMED in the amount of the bid. C. Bid tabulation and supporting documents (Contract Documents) shall be prepared and furnished to NMED within fifteen (15) days of bid opening. The Borrower shall not proceed with construction of the Project until NMED has approved the Contract Documents. D. Any change order to the Project construction contract which results in a change to the Project’s contract amount, scope of work, or schedule must be approved by NMED. E. The Project shall have a full-time on-site inspector approved by NMED. F. Subsequent to the date of this Agreement, but prior to NMED’s approval of the Contract Documents, for any phase, the Borrower’s attorney shall provide an opinion satisfactory to NMED that the Borrower is an incorporated entity. G. ▇▇▇▇▇▇▇▇ agrees to implement environmental recommendations that will be supplied by NMED prior to final Plan approval. H. The Borrower must submit all work related to easements, rights-of-ways, other property rights, and financing provisions associated with the project to NMED for review prior to advertising for construction. The Borrower must certify in writing that this has been done prior to award of the construction contract. A site certificate addressing the property upon or through which the facility is being constructed and prepared by the Borrower’s attorney is required. I. The Contractor Borrower agrees that all subto obtain a single audit annually from an Independent Professional Auditor. J. Upon execution of this Agreement, the Borrower shall follow the procedures listed below unless waived in writing by NMED. Disbursement by NMED may be withheld if any of these procedures are not followed by the Borrower. 1. If these Funds are to be used for engineering and/or other professional services, the Borrower shall submit documentation regarding the hiring process to be used and the (RFP), to NMED for review and approval prior to selecting engineering and/or other professional services. An RFP for engineering services and/or other professional services must comply with the New Mexico Procurement Code. NMSA 1978, Sections 13-contractors will 1-21 et seq and chapter 11 of title 40, United States Code. Engineering Services must be chosen based on a qualification-based request for proposal process regardless of the anticipated cost. A minimum of three proposers must be interviewed as part of the selection process. The Borrower is also required to arrange their attendance at such contact the Professional Technical Advisory Board (PTAB) for assistance in the preparation of the RFP package. (PTAB: phone (▇▇▇) ▇▇▇-▇▇▇▇, fax (▇▇▇) ▇▇▇-▇▇▇▇, and e-mail ▇▇▇▇@▇▇▇▇▇▇.▇▇▇.) 2. If these Funds are to be used for engineering and/or other professional services, the Borrower shall submit a pre- job conference by notifying SPSdraft form of any engineering agreement and/or other professional services contract, or a letter certifying that the Borrower's staff will perform the engineering and/or other professional services, to NMED for review and approval prior to executing the agreement/contract or using Borrower's staff. The Contractor may attend with preferred engineering agreement format is the subcontractor but is not required“Publicly Funded Project” form prepared by NMED and posted on the website at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/construction-programs/cpb-forms-and-documents-2/ 3. In addition If these Funds are to the project informationbe used for engineering design or for construction, the Prime Contractor and/or its sub- contractors will present Borrower shall submit all information available regarding the scope of workplans, craft trade assignments, self-performed work, sub-contractor list if applicable, a letter of assent, core worker list, start dates, duration of job, estimated peak employment, safety rulesspecifications, and any other conditions deemed particular addenda for this project to NMED for review and approval before the contract or subcontractproject is advertised for construction bids. The Prime Contractor shall provide the SCWA AgreementPlans, apprenticeship requirements, Priority Hire requirements, Preferred Entry requirementsspecifications, and Diversity hiring goals (if any) for the project to all Contractors. Should any craft disagree with the Contractor’s proposed classification for craft work at the pre-job meeting, it remains the full responsibility of the Contractor to select the prevailing wage and craft designation that the Contractor believes is appropriate. However, the Contractor addenda shall have the remaining week prior to submitting the Final Trades assignment and prior to the start of work on the site to consider the information provided and to determine if the Contractor wishes to modify their intended pay and craft designation. All Contractors shall confer with any craft challenging initial trade assignments prior to submitting be prepared by a Final Trade Assignment (Attachment C). Contractors shall file a Final Trade Assignment a minimum of one week after the pre-job conference and prior to starting work. A craft challenging a Contractor’s Final Trade Assignment shall notify SPS. The Prime Contractor and/or sub-contractors having previously attended a pre-job conference for any other regional PLA or CWA covered project may submit a request for a waiver through SPS to the Building Trades from attending the pre-job meetings provided they are performing the same scope of work. Should an emergency make it impracticable for a Contractor to attend a pre-job two weeks ahead of commencing work, the Contractor may give less than two weeks’ notice and request a pre-job meeting be scheduled accordingly by contacting SPSregistered New Mexico Professional Engineer.