Exh 1 - Key Milestones (F0188HM)

8/6/2019 Exh 1 - Key Milestones (F0188HM)

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Maaden Aluminum ComplexMaaden Contract 10-1476-BX-177Ras Az Zawr, KSA

Contract No. A6PM-IIP-60-K004Substation, Electrical Distribution and

Communication Backbone Cable

EXHIBIT ONECONTRACT MILESTONE SCHEDULE

FORM 000.430.F0188HM (Revision Date: 07Nov2010) Contract ManagementPage 1 of 3

INTRODUCTION

In additionto the requirements of Part I, Article 6.0 Performance Schedule and Sequence ofWorks and Attachment G - Scheduling and Reporting, this Exhibit One provides furtherdetails for Contractors development of the detailed construction schedule.

1.0 KEY MILESTONE DATES

Contractor shall mechanically complete the works contained in the individualmilestones not later than the following:

MilestoneNumber

Description DateLiquidatedDamages

1 Contract Award 29 Jun 11

2 Complete Building Shell 19 Oct 11

3 Complete HVAC Installation 10 Nov 11

4 Complete Main Feeder Pulls to Admin Bldg 1 Dec 11 Yes

5 Complete Main Feeder Pulls to Training Bldg 1 Dec 11 Yes

6 Ready for Equipment Installation 19 Oct 11

7Complete Main Feeder Pulls to Security ControlRoom

19 Oct 11

8 Complete Equipment Construction Tests 15 Dec 11

9 Hand Over Building 28 Dec 12

10 Energize Substation 4 Jan 12 Yes

11 Complete Main Feeder Pulls to All Other Bldgs. 1 May12 Yes

Details of the amounts provided for liquidated damages and incentives are as setforth in Article 2.0 of this Exhibit.

Milestone Mechanical Completion, for the purposes of liquidated damages and/orincentive assessment, is as defined in Attachment F Construction/MechanicalCompletion. If Employers review of Contractors Interim Turnover Notice ofMilestone Mechanical Completion shows that Contractor has met the requirements ofAttachment F, then the date of Milestone Mechanical Completion shall be the date ofContractors submittal of the notification. If Employers review shows that works itemsare outstanding that must be completed in order to achieve Milestone Mechanical

Completion, the date of such Milestone Mechanical Completion shall be whenEmployer is satisfied that such works items have been completed.


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2.0 LIQUIDATED DAMAGES FOR LATE COMPLETION

2.1 Contractor guarantees the dates set forth in Article 1.0 herein to be firm, final

dates for Mechanical Completion by Contractor of each Milestone, includingcompletion of all testing, cleanup and punch list items, as defined inAttachment F.

2.2 It is hereby agreed that the actual damages and loss that Employer wouldincur as a result of Contractor's failure to complete each Milestone by suchdate would be impracticable and infeasible to determine.

2.3 The Parties agree that the amount(s) set forth below are a reasonable andfair estimate of the damages and loss which Employer would suffer for eachsuch calendar day by which Contractor is late in achieving Mechanical

Completion of said Milestone.

2.4 It is therefore agreed that, in the event of such failure by Contractor,Contractor shall pay to Employer the appropriate daily amount(s) set forthbelow for each calendar day by which the actual final date of MilestoneMechanical Completion is later than the firm date set forth in Article 1.0herein, up to a maximum of Thirty (30) such calendar days.

2.5 Contractor agrees that all sums payable by Contractor to Employer asliquidated damages pursuant to this Section 2.5 may be deducted byEmployer from the Contract Price. The liquidated damages are agreed to bea reasonable estimate of actual damages, not a penalty. For this contract

liquidated damages will represent ten (10%) percent of the total contractvalue. Each milestone will be weighted at twenty five (25%) percent. It isfurther agreed that this Section 2.5 shall not constitute a waiver of any right ofProject Manager or Employer to damages or other remedies of ProjectManager or Employer under this Contract or otherwise for Contractor'simproper performance or default in performance of any other aspect of thisContract.

Amounts indicated in the table below are for reference purposes only, and willbe replaced with actual amounts based upon the Contract value afterContract Award. The example maximum liquidated damages is SAR1,000,000 which is ten percent (10%) of the example contract value is SAR

10,000,000.

MILESTONENUMBER

MAX AMOUNT(25% permilestone)

DAILYDAMAGESFOR DAYS

1-10(20%)


11-20(30%)


21-30(50%)

4 250,000 5,000 7,500 12,5005 250,000 5,000 7,500 12,500

10 250,000 5,000 7,500 12,50011 250,000 5,000 7,500 12,500

Example: Completion is 20days late on milestone 4. Liquidated damagesare 10 days x SAR 5,000/day + 10 days x SAR 7,500/day = SAR 125,000Total.


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3.0 CONTRACT MILESTONE SCHEDULE - (NOT USED)

4.0 PROGRESS ASSESSMENT

Set forth in Appendix 2 are the progress percentages applicable to the major worksactivities. Such percentages determine the portion of the applicable lump sum or unitprice item that is payable following completion of a specified activity. Percentages peractivity become payable in full upon completion of the activity, i.e. parts of applicableactivities are not, in themselves, subject to progress measurement. Specificvariances to this principle are only as set forth herein.

5.0 OTHER APPENDICES

Appended hereto are the following Contract Schedule details:

1. Bar chart durations of all major activities

2. Staff organization chart

3. Manpower histogram

4. Major equipment list and schedule

5. Procurement bar-chart

6. Mobilization plan

APPENDICES

Appendix 1: Contract Milestone Schedule (See Attachment G Scheduling andReporting for definition)

Appendix 2: Progress Assessment Increments

END OF EXHIBIT ONE CONTRACT MILESTONE SCHEDULE

Documents

Exh 1 - Key Milestones (F0188HM)