Attach 1 - PTS (1 of 3).pdf

Design and Build – COMPLETION OF UNFINISHED RENOVATION UP-HA-2020-39195

FOR NEW REHABILITATION CENTER - UZHGOROD, UKRAINE

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EUCOM Humanitarian Assistance Program

Design-Build RENOVATION of

UZHGOROD

REHABILITATION CENTER

UKRAINE

Coordinates: 48°36'54.3"N 22°17'51.3"E

OHASIS UP-HA-2020-39195

Feb 2021

Version 004

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Contents

1. GENERAL CONTRACT REQUIREMENTS

1.1. TAXATION

1.2. GENERAL LEGAL REQUIREMENTS AND REPRESENTATION

1.3 CONSTRUCTION STANDARDS

1.4 OMISSIONS FROM THE PROJECT SPECIFICATIONS

1.5 GENERAL DESIGN/BUILD CONTRACT DESCRIPTION

1.6 CONSTRUCTION PERMIT OR AUTHORIZATION – CONSTRUCTION PERMIT

1.7 MEASUREMENTS AND QUANTITIES

1.8 PROHIBITED ITEMS

1.9 START OF CONSTRUCTION

1.10 RESPONSIBILITY FOR NEW MATERIALS

1.11 CONSTRUCTION/DESIGN SCHEDULE AND CONTRACTUAL MILESTONES

1.12 CONSTRUCTION SCHEDULE (BAR CHART IS AUTHORIZED)

1.13 SAFETY: ACCIDENT PREVENTION PLAN

1.14 COORDINATION

1.15 RESPONSIBILITY AND OWNERSHIP OF REMOVED MATERIALS

1.16 SPECIAL SITE CONDITIONS

1.18 SUBMITTALS – TECHNICAL INFORMATION

1.19 DELIVERABLES

1.20 PICTURES

1.21 CERTIFICATIONS, LICENSES, PERMITS, FEES, ETC

1.22 QUALITY CONTROL AND QUALITY CONTROL PLAN

1.23 CONSTRUCTION SIGN

1.24 PAYMENT - USING WAWF IS REQUIRED

1.25 SCHEDULE OF PRICES

1.26 UTILITIES

1.27 DAMAGES/IMPACT TO EXISTING FACILITIES

1.28 CLEANING

1.29 SPARE PARTS AND MATERIALS

1.30 WARRANTY AND TRAINING

1.31 CLOSE-OUT PROCEDURE

2 STATEMENT OF WORK

2.1 LOCATION OF THE PROJECT

2.2 CONCEPTUAL AND GENERAL SCOPE OF WORK OF THE CONTRACT

2.3 EXISTING CONDITIONS

2.4 GENERAL REQUIREMENTS OF EXISTING PROJECT

2.5 SPECIFIC TECHNICAL REQUIREMENTS

2.5.1 MAIN BUILDING RATED FOR PEOPLE WITH PHYSICAL DISABILITIES . 56

2.5.2 FLOORING – PORCELAIN LARGE FORMAT

2.5.3 FLOORING – STAIRWAYS

2.5.4 ELEVATOR RATED FOR PEOPLE WITH PHYSICAL DISABILITIES

2.5.5 LIGHTING – ILLUMINATION – LED TECHNOLOGY

2.5.6 TELECOMMUNICATION PREINSTALLATION (TELEPHONE + INTERNET) 61

2.5.7 FIRE ALARM

2.5.8 WALL TILES

2.5.9 EXTERIOR DOORS

2.5.10 EQUIPMENT IN THE PROJECT AND NOT IN THE CONTRACT

2.5.11 EQUIPMENT IN THE PROJECT AND IN THE CONTRACT

2.5.12 SHOWER FLOORING / CABINS

2.5.13 FAUCETS AND BATHROOM ACCESSORIES – STAINLESS STEEL BODY 65

2.5.14 SCAFFOLDING AND WORKING PLATFORMS

2.5.15 COMMEMORATIVE PLAQUE

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1. GENERAL CONTRACT REQUIREMENTS

1.1. Taxation

This construction contract is exempt from VAT.

In Accordance with Article 1 of the "Agreement Between the Government of Ukraine and the Government of the United States of America Regarding Humanitarian and Technical Economic Cooperation" prepared on 7 May 1992, regarding "Taxes and Other Charges", this project which is in connection with the United States assistance program, shall be free from any tariffs, dues, custom duties, import taxes and other similar taxes or charges imposed by Ukraine, or any subdivision thereof.

As such, this project will be awarded exempt from VAT taxes, and consequently the US Government will not pay any VAT taxes to the successful company who will get the award of the contract.

It shall be the contractor's responsibility to work directly with Ukrainian fiscal authorities on the implementation of the applicable tax exemption applicable for this assistance program. The Office of Defense Cooperation in Ukraine will provide the documents that may be requested by the contractor to certify that they are the company selected by the US Government to execute the necessary design and construction works included in this assistance contract. However, it is solely the contractor's responsibility to follow and implement the necessary procedures in strict compliance with Ukrainian regulations to exercise the free taxation agreement.

The US Government will not be responsible, nor will be financially liable for any mistakes or errors in the contractor's procedures for the correct implementation of the tax free agreement that applies to this United States assistance project.

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1.2. General Legal Requirements and Representation

As used throughout the contract, the following terms have the meaning set forth below:

- Contracting Officer (KO): The individual designated by the US Government to administer the contract. Throughout this contract this individual will be responsible and possess the authority to act on behalf of the Government with respect to the specific contract.

- Contracting Officer Representative (COR): The individual designated by the Contracting Officer as his or her authorized representative. The COR is responsible for monitoring performance and technical management of the effort required and should be contacted regarding questions or problems of a technical nature.

No oral statement by any person other than the Contracting Officer, as provided in the Federal Acquisition Regulation (FAR) clause 52.243-5 entitled, "CHANGES AND CHANGED CONDITIONS," will in any manner or degree modify or otherwise affect the terms of this contract..

No waiver by the US Government: The failure of the Government in any one or more instances to insist upon strict performance to any of the terms of this contract or to exercise any option herein conferred is not to be construed as a wavier or relinquishment to any extent of the right to assert or rely upon such terms or options on any future occasion.

The project execution is based on the following principles:

- Strict compliance with US Federal Acquisition Regulations including the requirements of the Department of Defense, the US Navy and Naval Facilities Engineering Command (NAVFAC).

- Strict compliance with Ukrainian technical and legal regulations, with special emphasis on the specific technical regulations regarding the design, renovation and construction of public facilities in Ukraine.

- Strict compliance with Safety regulations of Ukraine, unless the US safety regulations (USACE

EM 385-1-1) is more strict and not in conflict with the Ukrainian safety regulations, in which case, the US safety regulations shall be applied.

- Compliance with technical and administrative requirements described in this document.

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1.3 Construction Standards

All construction shall must meet relevant Ukrainian building codes, shall use designs/materials consistent with other Ukrainian construction, and shall require minimal maintenance. If no building standards exist in Ukraine for a particular item of work, construction shall meet the standards called for by the International Building Code (IBC) (https://www.iccsafe.org/codes-tech-support/codes/2018-i-codes/ibc/).

Construction shall be in accordance with sound construction practices, and shall conform to the latest revision/edition of the codes, criteria, and standards in effect at the time of submission of the bids, except as otherwise indicated by this Request for Proposal. Any material installed that does not meet the requirements of this Technical Specification and/or applicable Ukrainian codes, ordinances and regulations will be removed and reinstalled at Contractor’s expense.

The contractor shall provide official certificate from local certified architect/engineer that the particular items for which the contractor is requesting payment complies with the requirements of relevant Ukrainian building codes.

1.4 Omissions from the Project Specifications

The design shall be based upon the requirements described in paragraph 2 of this document. If any installation is not specified in this paragraph, but it is required for the formal acceptance of the renovated, improved or rebuilt areas and/or works, the contractor shall consider this installation to be part of the contract, and they shall use commercial grade materials and equipment in compliance with Ukrainian Code and common construction practice.

The work shall meet all requirements of this Request for Proposal (RFP) package. Drawings to be as required in this RFP and with sufficient detail to communicate the design to the US Government, Ukrainian authorities, final beneficiary, contractor’s staff and sub-contractors. Material selection, specifications and installation to be as described in these Performance Technical Specifications (PTS) and in strict compliance with regulations of Ukraine. The PTS are a guideline for the design package. If an item in the project design is included in this PTS, the requirements of the PTS and applicable local codes shall govern. If an item in the project design is NOT included in the PTS, the requirements of applicable local codes shall apply.

Provide the Final work as a complete and usable facility including technical details, items of work, permits or fees that are not explicitly described in this RFP, but which are necessary to provide a fully operational public facility shall be considered part of this contract.

It is very important to note that for the purposes of this contract:

- Beneficiary: The owner of the property is the Territorial Community of the city of Uzhgorod represented by the Uzhgorod City Council. (Територіальна громада міста Ужгорода в особі «Ужгородської міської ради»).

- User: The property is under a long term lease with public organization - "Transcarpathian regional center of the Ukrainian Federation of Sports for the Disabled with musculoskeletal disorders" (Громадській організаці - «Закарпатський обласний осередок Української Федерації спорту інвалідів з ураженням опорно-рухового апарату»).

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As such, representatives from the beneficiary and the user, two independent entities, will participate in the development of the design and construction, and their expertise and deep knowledge of the requirements shall be considered during the design stage. However, they shall be limited by the requirements of these technical specifications.

A Monitoring Entity shall participate, review and approve the design documents as required by the regulations of Ukraine. Nevertheless, the Monitoring Entity shall not have any authority to add, delete or modify work in this project, and shall only provide their recommendations to guarantee strict compliance with applicable regulations on Ukraine. If they recommend a different and more expensive technical alternative to some technical alternative outlined in this document, but the one provided in this document does not violate regulations of Ukraine, the contractor only has a contractual obligation to follow the technical alternative outlined in this document.

1.5 General Design/Build Contract Description

This is a DESIGN-BUILD contract and the contractor shall provide the corresponding technical projects or designs for each element of the scope of work that they shall execute as part of this contract, as specified in paragraph 2. This document is a Performance Technical Specifications (PTS) for a full Design-Build project. This PTS includes a description of the required finished work.

Therefore the contractor is responsible to:

- Make necessary designs as required by this PTS for the different items of work

- Obtain NAVFAC’s acceptance of the designs and the approval of all pertinent and competent authorities of Ukraine, including the appointed representatives the beneficiary and the user.

- Obtain required formal technical approvals from competent and required Ukrainian authorities, including the necessary expert review by third party company and/or “technical expertise” or “technical supervision” as required by regulations of Ukraine for the scope of work included in this contract. Services for this “technical expertise” shall be paid by the contractor.

- Execute the construction/renovation works

- Obtain the acceptance of NAVFAC and the partial and formal final approvals by the competent and required Ukrainian authorities and third party experts for the executed construction works.

The contract requires all necessary items of work in order for the renovated areas to be certified in compliance with latest Ukrainian standards and regulations for public facilities, with the additional features and elements described in this document. This requires preparation of the required designs, technical projects, geotechnical reports, surveys, permits, certifications as well as any required coordination with local authorities. The contract also requires processing and paying for any potential fees that may be required in order to obtain the required Construction Permits or utility connection.

This document (PTS) includes partial design documents, which shall be used as part of the basis of design of this contract. However, it is the contractor’s responsibility as part of this contract to prepare new design documents or to adapt the existing documents to the current conditions of the facility.

The design shall be prepared in compliance with applicable construction codes, urban planning and construction practices in Ukraine and in the Municipality of Uzhgorod. The contractor shall hire the services of a licensed architect/engineer to design all works with all items described in this document.

For those items of work which may not require a formal Construction Permit or design, the licensed

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The architect or engineer hired by the contractor shall formally approve all phases of work, and shall include a statement on each invoice certifying that the work for which payment is requested complies with the approved project and with Ukrainian regulations.

The design portion of the contract has different phases, which will require the contractor to provide, submit and process different documents, drawings, permits and/or calculations for approval or acceptance of all parties involved in the design process. The contractor’s final designs and sketches shall be signed, stamped and certified by a licensed architect in Ukraine (or engineer if required by regulations). The level of detail of the design (extent of specifications, number and size of drawings, calculations, etc.) shall be sufficient to verify the compliance with the requirements of this contract and as required by the regulations of Ukraine and the Municipality of Uzhgorod and the different agencies involved in the process.

The US Government representative shall not approve the design, but they shall “accept” the design.

The contractor’s design team shall be responsibility to “approve” the design once it is “accepted” by the COR. The contractor shall follow the required steps in Ukraine for this type of design.

Provide the Final work as a complete and usable facility including technical details, items of work, permits or fees that are not explicitly described in this RFP, but which are necessary to provide a fully operational and finished facility shall be considered part of this contract.

All construction works shall be executed as required by regulations of Ukraine, with the required foreman licensed in Ukraine, and technical supervision licensed in Ukraine. The contractor shall perform the work in strict compliance with the construction codes and regulations of Ukraine. The contractor is responsible to provide a copy of a Construction Permit issued by the corresponding local authority, and those permits that are required for the utility connections. The contractor is responsible to prepare any required documentation and/or designs that will be required in order to obtain these permits. No work shall be executed until the corresponding construction permit is issued by the competent authority, and a copy provided to the COR.

As required by Ukrainian regulations, and for those elements that are required by Ukrainian regulations, the contractor shall hire (and pay for) the services of a “Revision Entity”, “Expertise”, or “Technical Supervision” authorized by the Government of Ukraine to supervise and approve each phase of the design and the construction, including final commissioning and acceptance of the completed works. This company would report directly to the US Government representative and the beneficiary if required by the Ukrainian regulations, but all their services shall be paid by the contractor. In case the regulations of Ukraine do not allow for the contractor to be the client for this independent review, the contractor shall pay for the third party review and assign a different party as the client for this independent company, which could be the Municipality, a representative from the Ministry, or other agency authorized by the Contracting Officer

Note: The contractor needs to be familiar with the regulations of Ukraine, in order to account for the different required permits, reviews and authorizations for renovations of public facilities.

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1.6 Construction Permit or Authorization – Construction Permit

The contractor shall obtain formal written authorization from the competent authority in Ukraine to perform the works included in the scope of work of this project. The US Government does not own the building, which is the property of the Uzhgorod City Council and leased to the Transcarpathian Regional Center of the Ukrainian Federation of Sports for the Disabled with Musculoskeletal Disorders. Therefore, the US Government cannot authorize the start of work. However, the US Government will provide the “Notice to Proceed” once the contractor shows evidence of the required construction permits and they confirm that they fulfill all the requirements of the contract to start works.

The contractor is required, as part of this contract, to prepare all documentation, designs, reports, information, drawings, coordination and approvals by experts or monitoring entities, and everything that may be necessary as required by regulations of Ukraine, in order to obtain these Permits or Authorizations. The contractor is responsible to pay for any third party inspection or expertise or technical supervision that may be required by applicable regulations for the scope of work of this project. The contractor shall be familiar with these requirements in order to prepare their bids, regarding the obligatory administrative and technical procedures in Ukraine for any renovation works in public facilities.

The contract requires not only the Construction Permit for the main renovation construction works, but other permits by different agencies, such as the electrical supply, water, sewage, telephone or Internet provider that may be required by the scope of work of this contract. The contract includes all necessary coordination with all incumbent Ukrainian agencies involved in the design, renovation and construction of public facilities in Ukraine. This includes paying for any official fee or tariff that these companies or agencies may have for the connection and for preparation of the necessary reports and technical studies.

No work shall be performed until the contractor sends to the Contracting Office Representative verifiable evidence that they have obtained all the necessary permits for each element of work included in this contract.

1.7 Measurements and Quantities

This contract does not provide measurements and quantities of materials, and if any are provided, the contractor shall be responsible to verify on site. The contractor needs to visit the job site in order to perform the necessary measurements and to observe the existing field conditions in order to prepare their cost proposal.

The contractor is responsible to verify site conditions and to prepare all necessary inspections and reports before preparing the design and technical projects. The contractor shall visit and inspect the work site prior to submission of their offer to the US Government. In order to visit the site, the contractor shall coordinate with the representative and Program Manager from the United States Office of Defense Cooperation in Kyiv:

Ms. Lyudmyla Kyrylenko lyudmyla.v.kyrylenko.ln@mail.mil ODC Ukraine, US Embassy - Ukraine Bilateral Affairs Office - HA Program Manager tel. +38044-4941945

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The US Government is not responsible for any mistake in the contractor’s measurements or assumptions of field conditions.

1.8 Prohibited Items

The following items in this construction project are prohibited:

- Use of aluminum for electrical conductors.

- Embedding aluminum conduit in concrete.

- Use of fluorescent light ballasts and other products containing PCB's.

- Use of incandescent lighting

- Use of urea-formaldehyde foam insulation products.

- Use of any paint/coatings having a lead content of over 0.06 percent by weight of non-volatile content. The use of ozone depleting chemicals is prohibited. The use of zinc-chromate is prohibited.

- The use of materials containing asbestos is prohibited.

1.9 Start of Construction – Notice To Proceed

The Contracting Officer shall authorize the start of construction via a modification to the contract. This official notification is defined as the official Notice to Proceed (NTP). This authorization to start field works cannot be issued until the contractor:

- Provides copy of the required permits or authorizations from the competent Ukrainian authority authorizing the execution of the works, and provides written evidence that they comply with all legal requirements in Ukraine in order to perform the works described in these PTS.

- The Contracting Officer Representative accepts their Accident Prevention Plan (APP) which shall be prepared following the guidelines and requirements of US regulation (EM385-1-1). A sample format shall be provided to the contractor after award of the contract and upon request.

- Provides technical information and technical projects for the designs, including proposed materials and equipment to be used for the project. Only materials and equipment previously accepted by the Contracting Officer Representative shall be brought to the site.

- The Contracting Officer Representative accepts their Quality Control Plan. See Annex 1.

- The Contracting Officer Representative accept their Construction Schedule

- Construction Sign is placed on site (see pertinent paragraph for the Construction Sign)

1.10 Responsibility for New Materials

All materials delivered to the construction site shall remain in the ownership and responsibility of Contractor. Contractor will be responsible to safeguard the procession and condition of the material until US Government takes procession of the finalized project. Any materials or equipment stolen or disappeared from the job site before final acceptance is the responsibility of the contractor.

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Security of the job site is the exclusive responsibility of the contractor until the keys are given to the user after the formal Act of Acceptance of the facility.

Material that is not intended to become part of the project shall not be delivered, placed, retained nor stored on the project site.

1.11 Construction/Design Schedule and Contractual Milestones

Perform all work within 730 calendar days after contract award. Provide a bar chart with a minimum of 50 activities. Indicate planned start and completion dates for design and construction.

In addition to the contractual requirement to complete all construction works within the 730 calendar days after award of the contract, the contractor shall comply with the following required milestones.

Failure to comply with these milestones will be objective basis for invoice retention or further contractual action by the Contracting Officer.

Tax exemption information: Coordinate with the US Embassy representative within 14 days after contract award date Construction sign Install within 45 days after contract award. Text and design to be approved by US Embassy in Kyiv.

Construction/Design Schedule Submit within 45 days after contract award date Accident Prevention Plan and Quality Control Plan

Submit within 45 days after contract award date.

Conceptual Design Submit within 90 days after contract award date Final inspection notification The contractor shall notify the Contracting Officer with a minimum of 60 calendar days prior to the requested official final inspection of the works.

Warranty: As required by regulations of Ukraine, with minimum of 1 year for all works, materials and workmanship.

Warranty starts the day after all works are accepted by the Contracting Officer. All warranty provided by the manufacturer of equipment shall be incorporated into the official warranty of the contract.

1.12 Construction Schedule (bar chart is authorized)

Perform all work within 730 calendar days after contract award. Within 45 days after contract award, the contractor shall provide a construction schedule including a minimum of 50 activities, and clearly defining the different phases.

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1.13 SAFETY: Accident Prevention Plan

SAFETY SHALL BE THE FIRST PRIORITY OF THE CONTRACTOR. SAFETY OF THE

WORKERS AND PERSONNEL AT THE SITE SHALL TAKE PRECEDENCE OVER ANY

OTHER FACTOR.

Within the timeframe allowed for the final design submission, the Contractor will prepare and submit an Accident Prevention Plan as required and outlined by the US Army Corps of Engineers Safety Manual (EM-385-1-1), describing procedures they plan to perform to ensure the safety of the workers, the staff of the facilities, the general public, and the equipment on the job site. The Plan shall clearly define the measurement that the contractor will implement to guarantee that nobody will be exposed to any hazards as a result of this construction contract.

Upon request and after award, the COR can provide to the contractor the format or guidelines that can be used for the preparation of the required Accident Prevention Plan as required by this contract.

No work shall start at the job site until the Accident Prevention Plan is received and accepted by the

COR.

Additionally, the safety plan must address types of personal protective equipment to be used by personnel, types and frequencies of safety inspections, hazard analysis plan to prevent safety incidents, and training utilized to familiarize employees with safety policies and practices. The contractor shall comply with the US Army Corps of Engineers Safety Manual EM385-1-1 wherever the requirements of this manual are more stringent and not in conflict with the requirements of Ukraine Law.

Execution of this construction contract requires compliance with Ukrainian and United States Army Corps of Engineers Safety regulations. In addition to the Accident Prevention Plan which needs to be prepared as outlined in EM385-1-1, the contractor is responsible to prepare all necessary safety documentation, studies, reports, books, design or logs, which may be required by Ukrainian regulations/legislation.

- Safety of the people shall be the highest priority of the contractor.

- The contractor shall comply with the Safety Manual of the US Army Corps of Engineers

(EM-385-1-1), wherever this US manual has more stringent safety requirements than those required by Ukrainian Code and these requirements are not in conflict with local safety regulations. A digital copy of this manual can be found here:

http://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health- Requirements-Manual/

- The contractor is responsible for the safety of the contractor’s employees, subcontractors, visitors and the general public, as they could be affected by this construction project. Contractor shall provide proper fences or barricades to separate the construction areas from the rest of areas of the city.

- The contractor is responsible to comply with Ukrainian Safety Code. All costs of compliance with safety and with Ukrainian safety regulations are the responsibility of the contractor. Any costs related with safety inspections, safety monitoring, or anything else required to comply with the Safety regulations shall be the responsibility of the contractor.

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- Within the context of his responsibilities, the contractor shall take the necessary actions to protect the safety and health of the employees, including the prevention of occupational risks, information and training measures, and measures for the organization of the health and safety at work and its necessary means as required by Ukrainian Code. The following general prevention principles shall be taken into account for the adoption and implementation of the measures provided above:

a. avoiding risks;

b. evaluating the risks which cannot be avoided;

c. combating the risks at the source;

d. adapting the work to the individual, in particular as regards the design of the workplace and the choice of work and production equipment and methods, with a view, in particular, to alleviating monotonous and repetitive work, and its effects on health;

e. adapting to technical progress;

f. replacing the dangerous by the non-dangerous;

g. prevention planning;

h. giving collective protective measures priority over individual protective measures;

i. giving appropriate instructions to the employees.

An employer shall insure all employees against occupational accident and disease risks, under the terms of Ukrainian Law. The contractor shall verify that all employees of the prime contractor or any subcontractor employed in this project meet the legal requirements of Ukrainian Law.

The contractor shall organize the employee training in the field of health and safety at work. This training must be provided to new employees, those changing the workplace or type of work and those resuming their activity after a break longer than 6 months. In all such cases, the training shall take place before the actual beginning of the activity. The contractor shall be responsible for the facilities related to the provision of first aid in case of occupational accidents, for fire prevention and the evacuation of the employees in special situations and imminent danger.

The contractor shall be responsible for a safe and hygienic work environment both on the project site and at off-site locations where work is done in conjunction with this project.

- The contractor shall be responsible for the protection of all grounds, vegetation and improvements that exist and are to remain after the project is complete; with-in the project work areas, adjacent to the project work areas and along the common route of access to the site, outside of the work areas. The Contractor shall be responsible to have any damage caused by Contractor’s employees, equipment or sub-contractors repaired and restored to pre-damage condition, as approved by the PM or Contracting Officer Representative (COR), at no cost to the Government.

- The Contractor shall comply with all applicable safety regulations of Ukraine, including all required record keeping.

- The Contractor shall provide and maintain in working order during the entire construction period, such fire protective equipment and devices as required by applicable safety standards and as deemed necessary and suitable for any possible class or type of fires. Extinguishers shall be non-freeze type of not less than ten pound (5KG) capacity each.

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- Provide protection against rain, wind, or heat so as to maintain all work, materials, apparatus, and fixtures, incorporated in the work or stored on the site, free from injury or damage. At the end of the day’s work, cover all new work and existing installations likely to be damaged as a result of the construction activities.

- Contractor shall acquaint themselves with the location of utilities, which may be encountered or be affected by work, and shall be responsible for damage caused by neglect to provide proper precautions or protection. If needed, the contractor shall contact any local authorities or utility companies to locate any utility service, (and pay for their services if needed). In case the contractor breaks or damages any underground utility, such as water or electrical or sewage installation, they shall be responsible to repair all damages.

- Provide, erect and maintain all required barricades, of sufficient size and strength necessary for protection of material storage, as well as to prevent accidents to the public and the workmen at the job site.

- Report all injuries to any person and damage to any property not belonging to the contractor immediately to the COR (Contracting Officer Representative). Compensation to any third party affected by the construction activities (such as damage to private property) shall be the exclusive responsibility of the contractor.

- Contractor shall have a minimum of 5 new hard hats available at the job site for the official visitors.

- All workers within the plot of land shall be clearly identified as workers of the contractor by wearing a vest with the company’s name on it.

1.14 Coordination

All coordination with the owner and the user, and with other local agencies such as the utility companies, shall be the responsibility of the contractor. The Contracting Officer shall be notified of any disputes between agencies or approvals that will affect Contract duration or Contract Price.

For example, the contractor is responsible for the coordination with the electrical company for the connection of the building to the electrical network. However, the contractor cannot sign the electric power supply contract. For this reason, the contractor shall make all necessary coordination between the owner and user and the electrical company with the only condition that the user or owner shall not pay for anything until the date after the facility is accepted. The contractor would be responsible for the energy consumption until the day that the renovated facility is formally accepted.

The building is currently not being used and therefore the contractor can assume that they will have full access to all the work areas at the same time.

All works shall be closely coordinated with the owner and user

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1.15 Responsibility and Ownership of Removed Materials

All refuse or salvaged materials are the property of the owner (Uzhgorod City Council), and they shall be moved to a location within the Municipality of Uzhgorod. Prior to moving them to the location to be indicated by the owner, they shall be properly cleaned. The contractor shall not be held responsible in case something is damaged or broken during its removal or transportation.

Those elements that are not requested by the owner shall become the property of the Contractor and shall be disposed of, off-site, in accordance with applicable regulations of Ukraine. The Contracting Officer Representative may ask for receipts of proper disposal of debris, or excess materials.

In summary, everything to the removed belongs to the owner of the facility, which is the Uzhgorod City Council, unless otherwise indicated by the owner.

1.16 Special Site Conditions

Confine all operations, equipment, apparatus and storage of materials, to the immediate area of work to the greatest possible extent. Contractor shall ascertain, observe and comply with all rules and regulations in effect on the project site, including, but not limited to parking and traffic regulations, use of walks, security restrictions or hours of allowable ingress and egress.

1.17 Official Correspondence - Language

All official correspondence between the contractor and the Government personnel shall be in English.

It shall be the responsibility of the Contractor to prepare proposals, invoices, shop drawings and submittals, quality control reports, computations, and all correspondence pertaining to this contract, in the English language; but the Contractor may, for his own record purposes, prepare them in the local language. All official correspondence to and from the Contracting Officer shall be in the English language. In case of dispute or claim, the English version will govern.

Immediately after award, the contractor shall appoint an English speaking representative, with cellular phone and e-mail address. The Contracting Officer Representative reserves the unilateral right to disapprove this person if it is found that his English language capacity is not sufficient to perform the duties required for such position.

For the visits of the Contracting Officer, the NAVFAC Project Manager (PM) or the Contracting Officer Representative (COR) to the job site, the contractor shall provide somebody capable of representing the construction company who can communicate in English language or the contractor shall provide a translator to translate from English to local language.

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1.18 Submittals – Technical Information

The contractor shall provide technical information on all materials and equipment to be incorporated to the job site. This information must be sent to and accepted by the COR before they are purchased by the contractor.

1.19 Deliverables

Elements to be incorporated to the job site shall be accepted by the Contracting Officer Representative before they are purchased by the contractor.

The contractor shall provide for acceptance to the COR, as a minimum the deliverables listed in the tables below. For all technical deliverables/submittals, the contractor’s quality control representative shall certify that each proposed product meets Ukrainian standards and the technical requirements that may be listed in this Performance Technical Specifications.

Administrative deliverables:

Final design Accident Prevention Plan Warranty letter Construction Permit Quality Control Plan List of spare parts and training Act of Acceptance Schedule of Prices Final documents

Technical deliverables shall include

Construction sign design Fire Detection System Mirrors Porcelain floor tiles Electrical receptacles Toilets Wall tiles Doors Sinks Wall tile metal edge protection Radiators Faucets Boilers Heat pumps Shower flooring Water heater Paint Commemorative plaque design Electrical conduits Door signs Electric panel Water piping Light switches Acoustic ceiling panels Lighting fixtures Hand driers

1.20 Progress Reports - Pictures

The contractor shall send weekly progress reports with representative digital pictures of their construction by e-mail once construction starts, showing construction progress. These pictures shall be used to monitor the contractor’s performance and to validate the progress monthly invoices. The US Government will not process payments unless the contractor provides complete and verifiable evidence of the work performed.

Failure to provide updated pictures will impact the ability of the Contracting Officer to validate and therefore to pay for the invoices.

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1.21 Certifications, Licenses, Permits, Fees, etc.

The contractor shall be legally capable of performing construction and design works in Ukraine, as required by Ukrainian regulations, for which the contractor shall possess the necessary Ukrainian licenses and authorizations. There shall be no exception or waiver to this legal requirement because of the US Government funding and management of this project. The contractor shall possess the same technical and legal licenses as if this contract was funded by the Government of Ukraine.

All workers employed or performing any works for this construction project shall be legally capable of performing such works in Ukraine. This includes work permits for any worker who is not a legal resident in Ukraine.

The Contractor shall be responsible for determining, processing, requesting and paying all fees associated with, and obtaining any required permits for this project including, but not necessarily limited to permits for on-site and off-site hauling, demolition/disposal, construction activity, utilities, communications, etc. The contractor is responsible for acquiring any required certifications (licensing). Coordinate all permit requirements with the COR. Submit all completed permit application material, and associated back-up material, required to operate facilities, to the Contracting Officer for approval prior to agency submission. Contractor shall be responsible for complying with environmental laws, regulations and requirements. The Contracting Officer Representative may require at any time evidence of proper construction licensing of the contractor.

Coordinate all permit requirements with the competent local authorities or with the COR as required.

Submit all completed permit application material, and associated back-up material, required to operate facilities, to the Contracting Officer for approval prior to agency submission. Contractor shall be responsible for complying with environmental laws, regulations and requirements.

1.22 Quality Control and Quality Control Plan

The contractor is responsible for the quality of the works and for the quality control of their activities.

Within the timeframe allowed for the submission of documentation before starting the works, the Contractor will prepare and submit a Quality Control Plan describing personnel, procedures, tests and installation techniques that he plans to perform to ensure the quality required by these Technical Requirements and his design is obtained.

The Quality Control Plan shall include the name and qualifications of the person responsible for the quality of the works

The Superintendent must have a minimum of 5 years of experience as a Superintendent on previous projects of similar size and complexity in Ukraine. The Superintendent may serve as the Site Safety and Health Officer. Provide the resume of the proposed person for the on-site Project Superintendent position, describing experience with references and qualifications to the Contracting Officer Representative for approval. The Contracting Officer Representative reserves the right to interview the proposed on-site Project Superintendent at any time in order to verify the submitted qualifications.

The Quality Control Manager is responsible for the QC program. The Superintendent may serve as the Quality Control Manager on this project. The QC Manager must have a minimum 5 years of combined experience as a Project Superintendent, QC Manager, inspector, Project Manager, Project Engineer or Construction Manager on projects of similar size and complexity in Ukraine. The QC Manager must possess a current certificate showing successful completion of the NAVFAC Contractor Quality Management (CQM) Training or similar approved local certification In Annex 1, it is included a guideline to prepare the Quality Control Plan.

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Example of typical construction sign

NAVFAC logo to be used

1.23 Construction Sign

Immediately after award the contractor shall prepare and install on site a construction sign with the following characteristics and information on it:

- Wood / plasticized sign with minimum dimensions 2.5 meters wide by 1.5 meter high

- Letters and logos prepared by an specialized company and designed for outdoor installation

- Flags of Ukraine and the United States of America

- Logos of EUCOM and NAVFAC EURAFCENT.

- The following text: THE RENOVATION OF THIS FACILITY IS FUNDED BY THE UNITED

STATES EUROPEAN COMMAND AND PROVIDED TO THE PEOPLE OF UZHGOROD.

EXECUTIVE AGENT: US EMBASSY IN UKRAINE. CUSTOMER: US NAVAL FACILITIES

ENGINEERING SYSTEMS COMMAND. PRIME CONTRACTOR: XXXXXXXX

- Start and completion dates.

- Same text in Ukrainian

The contractor shall send for approval the design of the Construction Sign for verification of the wording by NAVFAC and by the Office of Defense Cooperation in Ukraine

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1.24 Payment - Using WAWF is required

Contractor requests for payment must conform and will be processed in accordance with the requirements of FAR 52.232-5 and FAR 52.232-27. All invoices will be submitted through the Wide Area Work Flow (WAWF) system.

** NO ADVANCE PAYMENT IS AUTHORIZED **

Payment shall be performed following the principle of payment for completed work. Payment shall be phased as detailed herein:

- Partial monthly payments as agreed with the Contracting Officer Representative, and in accordance with the Schedule of Prices as described in section 7.22. For design, maximum of 5% authorized of the elements included in the particular design.

- Maximum of 80% (cumulative) is authorized until the final inspection is completed and all potential deficiencies are corrected. No payment over 80% is authorized until all work included in the contract is completed; including expertise approval where required.

- Final invoice (100%) shall be paid once final inspection is completed and all potential defects identified in the final inspection are properly corrected.

Content of Invoice: Requests for payment in accordance with the terms of the contract must consist of documents provided as attachments in Wide Area Workflow (WAWF). The maximum size limit per attachment is less than 2 megabytes, but there are no limits on the number of attachments. If a document cannot be attached to WAWF due to system or size restrictions it must be provided as instructed by the contracting officer).

1. Contractor's Invoice on NAVFAC Form 7300/30, must show, in summary form, the basis for arriving at the amount of the invoice.

2. Cost breakdown, based on approved Schedule of Prices, with percentages completed for each line item, or contractor's Estimate for Voucher/ Contract Performance Statement on NAVFAC Form 7300/31 furnished by the Government, showing in detail: the estimated cost, percentage of completion, and value of completed performance for each of the construction categories stated in this contract. Use NAVFAC LANT Form 4-330/110 (New 7/84) on NAVFAC Atlantic contracts when a Monthly Estimate for Voucher is required.

3. Affidavit to accompany invoice (LANTDIV NORVA Form 4-4235/4 (Rev. 5/81)).

4. Updated copy of submittal register.

5. Updated copy of progress schedule. Furnish as specified in "FAR 52.236-15, Schedules for

Construction Contracts."

6. Contractor Safety Self Evaluation Checklist (original)

7. Final release (for final payment only). Final invoice must be accompanied by the certification required by DFARS 252.247.7023 TRANSPORTATION OF SUPPLIES BY SEA, and the Contractor's Final Release.

Progress payment shall only be authorized if COR verifies on site the amount of work performed, or if the contractor proves with sufficient pictures and documentation that the work was actually performed as required by the contract. COR will disallow from the requested amount those portions of the invoice that the contractor does not prove that they were performed as required by the contract.

For any issue with WAWF registration, the contractor shall directly coordinate with WAWF site (866- 618-5988; disa.global.servicedesk.mbx.eb-ticket-requests@mail.mil)

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Example of typical Schedule of Prices for a contract with one option

1.25 Schedule of Prices

In order to process the invoices, the contractor shall submit a Schedule of Prices to the COR for acceptance. This document shall include the main elements of the construction contract, and in the invoices the Contracting Officer Representative and Project Manager of the contractor shall agree on the percentages executed for each of the line items.

Only elements that are tangible and incorporated into the finished project shall be authorized.

Consequently, elements such as these CANNOT be included in the Schedule of Prices: Accident prevention Plan, Construction Schedule, Quality Control Plan, Site visit, telephone bills, rental of office space, purchase of materials, materials stored on site but not installed, scaffolding, safety, quality control, or transportation of personnel. The value of all authorized items shall be properly distributed. Front-in loading the Schedule of Prices is not authorized.

No partial invoice can be processed until the Schedule of Prices is accepted by the Contracting Officer Representative. Without an accepted Schedule of Price only the final invoice could be processed.

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1.26 Utilities

The contractor shall estimate that there are no available utilities at the plot of land, and that they will need to provide all required utilities for the construction phase of the project.

They shall provide a temporary connection to the general electrical utility network with an electric meter or they will need to provide generators. The contractor is responsible to provide or pay for their energy consumption, including heating. Similarly the contractor shall provide water supply.

The contractor is responsible to provide their own sanitation facilities for the workers and to connect to the sewage system if this is the preferred technical alternative.

1.27 Damages/Impact to Existing Facilities

The contractor is responsible to repair any damage or impact caused by…