B.08.02.06 DIVISION 00_01 SPECIFICATIONS.pdf

Camp Darby Electrical Upgrade April 2021

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

03/21

PART 1 GENERAL

1.1 PAYMENT

1.2 DEFINITIONS

1.3 ORDER OF PRECEDENCE

1.4 UNSOLICITED CHANGE PROPOSALS

1.5 DOCUMENTS IN MULTIPLE LANGUAGES

1.6 COMMUNICATION IN ENGLISH

1.6.1 English Speaking Representative

1.6.2 Correspondence And Documentation

1.6.3 Translations for Disputes

1.6.4 Additional Language Requirements

1.6.5 Language Fluency

1.7 PERMITS

1.7.1 General Requirements

1.7.2 Permits and Notifications

1.7.3 Final Acceptance

1.7.4 Third Party Inspection Requirements

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

1.9 CONTRACTOR OBLIGATION

1.10 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

3.1.2 Work on Military Installations (General)

3.1.3 Access to Operational Areas

3.2 IMMUNITY FROM LEGAL PROCESS

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 Access to Areas Under Military Control

3.3.2 Contractor Responsibility

3.3.3 Archaeological and Historical Sites

3.4 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

3.5 RESTRICTIONS ON PAYMENT SUBMISSIONS

-- End of Section Table of Contents --

DOCUMENT 00 74 01 Page 1

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

03/21

PART 1 GENERAL

1.1 PAYMENT

Separate payment will not be made for compliance with this or any other Division 00 or Division 01 specification. All costs associated with these specifications shall be included in the applicable unit prices or lump-sum prices contained in the Bidding Schedule.

1.2 DEFINITIONS

The following terms are used throughout the contract documents. Except where a definition is provided with the specific occurrence, the following definitions apply to these terms.

a. Betterment. Any offer by the contractor, whether submitted as part of their proposal prior to award or as part of a deliverable after award which conforms to and exceeds the provisions of the contact.

A betterment offered prior to award becomes binding upon award of the contract. After award, a betterment offered becomes a binding contract requirement upon acceptance by the Government of the document proposing the betterment, whether specifically identified as such or not. Proposed betterments submitted after award must meet or exceed any betterments offered prior to award which were accepted as part of the award.

b. Host Nation (HN). The country where the construction work is being performed.

c. Host Nation Language. The Official Language recognized by the national government of the country where the work is performed. If no Official Language has been designated, or where multiple Official Languages have been designated, it is the predominant language of the Government agency responsible for operation and maintenance of the facility or product constructed under this contract.

1.3 ORDER OF PRECEDENCE

In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

1. Clause 5152.236-9011, if that clause is part of this contract.

2. Any portions of the accepted proposal that both conform to and exceed the provisions of the solicitation (Betterment submitted prior to award).

3. Any portion of a contractor provided deliverable (including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings) that conforms to or exceeds the provisions of the contract (Betterment submitted after award).

4. Clause 52.236-21 Specifications and Drawings (Alt I)

DOCUMENT 00 74 01 Page 2

For the purposes of determining precedence, the contract will be interpreted as follows with regards to items which are considered to be within the intent and meaning of "drawings" and "specifications":

1. Sections starting with "00", including these Special Conditions

2. Section 01 00 00, including Section 01 10 10 Statement of Work (Summary of Work or Scope of Work) if included in the contract

3. All Other Specification Sections

4. Referenced Technical Standards (such as NFPA, UFC, ASTM, DIN)

5. Referenced Design Guides or other non-technical standards

6. Drawings

7. All other technical attachments to the contract, including Host Nation Technical Requirements, Standards, and References.

Amendments take precedence over all items listed above to the extent noted above and in the referenced clauses. For instance an amendment to a Drawing takes precedence over the original drawing but not over the Special Technical Requirements.

Requirements, including criteria, are minimum requisites.

In case of conflicting requirements within documents of the same precedence that cannot be resolved based on the above, the more stringent criteria governs. A conflict does NOT exist when both requirements can be met; in these instances the contractor shall comply with both requirements.

1.4 UNSOLICITED CHANGE PROPOSALS

Whenever the contractor proposes to change the work required by the contract, to add or subtract from the work requirements, and the work will have an impact on the price or time to perform the work, unless that change has been specifically requested in writing via a Request for Proposal (RFP) from a Contracting Officer or, if appointed on this contract, an Administrative Contracting Officer, the proposal must be submitted either:

1. as a Value Engineering Change Proposal in accordance with FAR clause 52.248-1 Value Engineering.

2. as a Request for Equitable Adjustment (REA) under DFAR 252.243-7002 Requests for Equitable Adjustment or a claim under FAR 52.233-1 Disputes.

The Government does not intend to respond to any other "request" for a Construction Change Order or proposal submitted by the contractor.

Refer to Specification Section 01 33 00 SUBMITTAL PROCEDURES, paragraph DEVIATIONS, SUBSTITUTIONS, AND VARIATIONS for proposed changes which have no impact on the price or time to perform the work

1.5 DOCUMENTS IN MULTIPLE LANGUAGES

If this contract includes documents in English and additional languages, the English language version shall govern over all other languages. In the event contract documents contain translations into non-English languages, the translation is provided solely for convenience.

DOCUMENT 00 74 01 Page 3

For all purposes, the English language version shall be the governing instrument and understanding of the parties. In the event of any conflict between the English language version and any translation into any other language, the English language version shall govern and control.

1.6 COMMUNICATION IN ENGLISH

1.6.1 English Speaking Representative

All personnel required to communicate with the government on a recurring basis, including but not limited to Project Managers, Site Safety and Health Officers (SSHO), Superintendents, and Quality Control personnel shall be capable of explaining the work operations and receiving instructions in the English language. This includes the ability to speak, read, write, and understand the directions of the Contracting Officer or their designated representatives when conducted in English.

If other sections of the contract allow work to be performed without these personnel being on site, the Contractor shall have a representative, designated in writing, who is capable of explaining the work operations and receiving instruction in the English language.

1.6.2 Correspondence And Documentation

In addition to clause 252.225-7041, it shall be the responsibility of the Contractor to prepare all documents related to this contract, to include, change proposals, shop drawings, submittals, quality control reports, computations, and all correspondence, in the English language or with a translation of the original document into English.

1.6.3 Translations for Disputes

All documents originally produced in a language other than English submitted either as (a) part of a Request for Equitable Adjustment (REA), (b) part of a claim under the Disputes clause or (c) as part of litigation, including actions at the ASBCA or actions in U.S. courts, shall be translated into English by a person who is recognized in accordance with the appropriate authorities to produce official/certified translations, and said translations shall be so certified.

This requirement applies to any document that would normally be considered to be within the scope of discovery in an ASBCA or court proceeding concerning the dispute. The term 'documents' includes electronic documents including but not limited to e-mail and includes documents generated by subcontractors or suppliers. In the event a dispute results in litigation, including actions at the ASBCA or actions in U.S. courts, the contractor will be responsible for providing translations of any documents that are within the scope of a discovery request filed by the U.S. Government and for providing certified translations upon request by the U.S. Government.

The contractor shall bear sole responsibility for any costs associated with translation, as well as with any errors, omissions, or discrepancies between the original and English version of a document.

In the event of any difference between the English version and any other version in any language, the English version shall govern.

1.6.4 Additional Language Requirements

When any worker on site at any level (contractor, subcontractor, supplier, etc.) cannot communicate in English or a language spoken by the Contractor's key personnel, the contractor shall ensure that, at all

DOCUMENT 00 74 01 Page 4 times that person is on site, at least one person is present who can communicate to that worker in their native language. Failure to comply with this requirement will be considered a life-safety issue.

1.6.5 Language Fluency

Personnel required to communicate with the Government must be competent in the English language at a minimum level B2 of the Common European Framework of Reference for Languages: Learning, Teaching, Assessment.

The Contracting Officer shall have the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

1.7 PERMITS

1.7.1 General Requirements

All documents required to be prepared in accordance with this paragraph (and sub-paragraphs) shall be prepared by the Contractor in the language(s) required by the HN. An English language translation prepared by a person with the appropriate qualifications shall be provided to the Contracting Officer concurrently. Submission of documentation shall be in accordance with HN requirements; either directly to the appropriate HN authority or through the Contracting Officer when the contractor is not permitted to provide the documents directly.

When U. S. Government signature is required, the Contractor shall obtain approval and signatures as needed for HN permitting and notification process from the COR. The contractor shall provide the required documentation sufficiently in advance of the date any approval or permit is required. The contractor is solely responsible for determining the amount of time the HN authorities will require to review and process the documentation. No additional time will be granted for delayed approval or rejection of contractor prepared documents.

A copy of all Approved Permits shall be furnished to the COR prior to the start of construction work.

1.7.2 Permits and Notifications

The contractor shall obtain all permits not required to be requested or obtained by the U.S. Government in accordance with FAR 52.236-7, Permits and Responsibilities. As incorporated herein, the requirements of FAR clause 52.236-7 extend to licenses, permits, and compliance with applicable Host Nation (HN) and local laws, codes, and regulations in connection with the prosecution of the work. The contractor is responsible for identifying and providing a comprehensive List of Required HN Permits.

Where the U.S. Government is required to obtain permits in accordance with Host Nation (HN) agreements, the Government will notify the contractor and the contractor shall prepare all necessary documentation. This includes providing documentation to show compliance with permit requirements.

1.7.3 Final Acceptance

Where final acceptance by the HN is required, the Contractor will coordinate with the HN Government, in conjunction with the U.S.

Government, to determine the requirements for proper final inspection by the HN and provide any information required for final acceptance. The

DOCUMENT 00 74 01 Page 5 contractor shall incorporate the requirements for final acceptance into the construction of the project.

1.7.4 Third Party Inspection Requirements

If, as a condition of any permit or to comply with HN laws, codes, and regulations, inspections by third parties are required, the contractor shall be responsible for ensuring those inspections are conducted and documented. The contractor shall be solely responsible for any and all costs associated with these inspections, including the actual inspection and any additional work or rework identified as part of the inspection process, to include the replacement of any materials or equipment determined to be not in compliance by the inspector.

No adjustment in the contract price or duration will be made based on events arising from these inspections, unless a delay occurs which is completely beyond the control and without the fault of the contractor, in which case an adjustment in the contract duration may be made under the DEFAULTS clause of the contract. No adjustment in price will be made should this occur. The contractor is solely responsible for identifying the period(s) of delay and substantiating an impact to the completion date.

These requirements are in addition to and separate from any requirements for any other inspections identified in the contract.

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

The contractor may arrange, through the appropriate Host Nation Government (HN) offices, to bring into the country nationals of third countries (TCN) having diplomatic relations with the host nation for purposes of employment in carrying out this contract work.

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN agency for the required customs clearances, passports, visas, licenses, or permits.

The contractor shall be responsible for the sponsorship of its employees and their dependents and shall process said permits directly with the appropriate HN agency. Offerors are advised that the HN reserves the right to limit access to designated security areas and refuse entry or employment of specified individuals, or to require their departure from the country, in accordance with national or local law and practice.

The U.S. Government does not have influence over the TCN issue and does not warrant the availability of TCN labor. The Contractor is cautioned to review any additional information specified elsewhere in this contract for more stringent requirements or specific restrictions or limitations on the use of foreign workers.

1.9 CONTRACTOR OBLIGATION

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN agencies for any and all required customs clearances, passports, visas, licenses, or permits.

1.10 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality

DOCUMENT 00 74 01 Page 6

Control approval. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

List of Required HN Permits Permits And Notifications Approved Permits

SD-11 Closeout Submittals

Final Acceptance

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

The Contractor shall be responsible for obtaining access and adhering to all guidelines established by the local authorities for access to the work site and will be responsible for the daily access of their personnel and subcontractor workers.

The Contractor is cautioned to review any additional security guidelines specified elsewhere in this contract for more stringent requirements or specific access conditions.

3.1.2 Work on Military Installations (General)

When work is performed on a military installation, every employee of the prime contractor, all subcontractor employees, and all material suppliers' employees, who require access to the installation for any reason and for any length of time will be required to obtain an installation/base access.

All personnel, vehicles, and equipment are subject to search when entering or leaving the installation and at any time while on the installation. The contractor shall be responsible for notifying their personnel, to include subcontractors and suppliers of this. Entry of any individual onto the installation constitutes consent to being searched.

Individuals who will be performing work onsite for five or more days in total - even if non-consecutively - shall apply for installation/base pass and may not be "signed in" or otherwise presented as a "visitor".

Failure to comply with this requirement may result in the loss of sign-in privileges and/or loss of installation access.

All personnel in possession of an installation/base pass issued for work under this contract shall return them to the issuing office upon completion of the contract work or upon termination of employment.

3.1.3 Access to Operational Areas

Contractor personnel are expressly prohibited and shall be restricted from entering operational buildings or areas without the specific authorization of the Contracting Officer. To perform work, where

DOCUMENT 00 74 01 Page 7

"security escorts" are required for access to a facility, the Contractor shall coordinate with the Contracting Officer for access to such facilities.

3.2 IMMUNITY FROM LEGAL PROCESS

The Contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to performance of this contract by any subcontractor against the United States Government.

The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the "Disputes" clause of this contract and in the United States Federal Statutes.

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 Access to Areas Under Military Control

The laws of the Host Nation (HN) may prohibit access to certain areas of the country which are under military control. Clearances to access these areas must be obtained from the HN. It is understood that areas to which rights of entry are provided by the HN are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the HN.

3.3.2 Contractor Responsibility

The Contractor shall be responsible for providing the necessary information (such as but not limited to, names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the HN) to the appropriate HN representatives, both civilian and military.

The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

a. Official language and type of accounts required to satisfy the officials of the Local Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for visas will be accepted.

c. Passports, health and immunization certificates, and quarantine clearance.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

e. Strikes, demonstrations and work stoppage.

f. Collection through withholding and payment to local Government, of any HN income tax on employees subject to tax.

g. Arranging to perform work in the HN, to import personnel, to employ

DOCUMENT 00 74 01 Page 8 non-indigenous labor, to receive payments and to remove such funds from the country.

h. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, days of rest or other non-work days, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

i. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

j. Compliance with workmen's compensation laws and contributions into funds. Provisions of necessary medical service for Contractor employees.

k. Special license required by the local Government for setting up and operating any manufacturing plant in the HN, e.g. concrete batching, precast concrete, concrete blocks, etc.

l. Sales within the HN of Contractor-owned materials, and equipment.

m. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

n. Identification and/or registration with local police of imported personnel.

o. Stamp tax on documents, payments and payrolls.

p. Base passes for permanent staff, day laborers, motor vehicles, etc.

q. Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

3.3.3 Archaeological and Historical Sites

The contractor shall be aware of all archeological laws and work accordingly including stopping work in the vicinity and reporting should archeological items be uncovered during the course of this contract.

3.4 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

All communication by the Contractor with all officials, representatives and/or offices of the Host Government (at any level) in all matters pertaining to the design or construction of this contract, shall be through and in full liaison with the Contracting Officer. This does not relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business, such as visas, permits, and custom clearances.

The contractor is further reminded that only the Contracting Officer or their authorized representative may give the contractor direction in regards to contract interpretation. Only a Contracting Officer or Administrative Contracting Officer may modify the contract terms or conditions: directions received from Host Nation Government officials do not constitute direction to proceed in accordance with the Change clause and will not be considered a change to the contract without prior specific direction from the Contracting Officer.

DOCUMENT 00 74 01 Page 9

3.5 RESTRICTIONS ON PAYMENT SUBMISSIONS

Reference is made to clause 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. Due to financial cutoff periods, the Government will not accept any progress payments submitted between the last 5 work days of a given month and the first 3 work days of the following calendar month (second month). Invoices submitted during this time will not be considered "received" as described in the reference clause until the 4th working day of the second month.

-- End of Section --

DOCUMENT 00 74 01 Page 10

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

01/21

PART 1 GENERAL

1.1 DETERMINATION OF UNUSUALLY SEVERE WEATHER

1.2 MINIMIZING WEATHER IMPACTS

1.3 INCORPORATION IN PROJECT SCHEDULE

1.4 WEATHER CONDITIONS AT THE PROJECT SITE(S)

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 REPORTING

3.2 OCCURRENCE OF ACTUAL DELAY

3.3 CALCULATION OF DELAY AND CONVERSION TO CALENDAR DAYS

3.4 ISSUANCE OF MODIFICATION

3.5 DELAYS OUTSIDE STANDARD WORK DAYS

DOCUMENT 00 74 02 Page 1

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

01/21

PART 1 GENERAL

1.1 DETERMINATION OF UNUSUALLY SEVERE WEATHER

This specification prescribes the procedures to be used on this contract for determination of time extensions for "unusually severe weather" in accordance with the contract clause 52.249-10 "Default: (Fixed Price Construction)".

In order for the Contracting Officer to award a time extension for "unusually severe weather" under this clause, all of the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must exceed the weather which could reasonably be anticipated based on a minimum of 25 years of historical weather data.

b. The weather must actually cause a delay to the completion of the project or any specified contractual milestone beyond that which would reasonably be anticipated based on the contractors means and methods. The delay must result from events which are beyond the control and without the fault or negligence of the Contractor.

c. The delay must occur during the contractual performance period.

1.2 MINIMIZING WEATHER IMPACTS

The contractor is responsible for identifying and implementing the means and methods to minimize the overall impact of weather during the contract period.

The means and methods and sequencing of work will impact the extent to which the work is sensitive to or may be impacted by the weather.

Separate payment will not be made for any costs associated with mitigating the impacts of weather.

1.3 INCORPORATION IN PROJECT SCHEDULE

The Contractor's project schedule must reflect reasonably anticipatable weather in weather dependent activities. The Contractor shall be solely responsible for identifying anticipated weather days based on the activities scheduled during a given time period and the means and methods of executing the work.

Activities in the project schedule must be assigned to a calendar with anticipated weather days shown as non-work days. Acceptance of the contractors schedule will not be considered acceptance of the reasonableness or validity of the number of anticipated weather days.

1.4 WEATHER CONDITIONS AT THE PROJECT SITE(S)

The Government makes no representation of the actual weather conditions to be expected at the site. No inference or conclusion shall be made regarding the actual weather conditions or the actual amount of weather delays based on any information included in the contract documents.

DOCUMENT 00 74 02 Page 2

The Contractor shall, prior to submitting a proposal or offer, be solely responsible for determining the actual weather conditions prevalent at the project site or sites and accounting for this information in their proposal or offer.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 REPORTING

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract performance period, the contractor will record on the CQC report the occurrence of weather and resultant impact to normally scheduled work. Impacted activities shall be identified by name and activity id on the CQC report.

When the use of RMS-CM (Section 01 45 01 RESIDENT MANAGEMENT SYSTEM - CONTRACTOR MODE) is required by the contract, weather shall be reported on the QC Report in RMS-CM and tracked therein.

3.2 OCCURRENCE OF ACTUAL DELAY

To be considered a day of actual weather delay, progress on critical path activities must be less than 50 percent of the progress scheduled to occur on that day, and the progress must be impacted due solely to the weather.

The delay must be recorded in accordance with paragraph 3.1: failure to provide this information at the time of the preparation of the CQC report will be considered an acknowledgement that no delay existed, however reporting on the CQC report will not automatically be considered concurrence by the Government that delay occurred and it was due solely to the weather.

Failure to make adequate preparations for weather or to adequately protect the work from reasonably anticipatable weather will not be considered an impact due solely to weather.

3.3 CALCULATION OF DELAY AND CONVERSION TO CALENDAR DAYS

Any adjustment in the contract period of performance resulting from unusually severe weather will be based upon the weather over a minimum period of six months.

The contractor shall be solely responsible for providing documentation to substantiate that the actual weather was "unusually severe" based on a minimum of 25 years of historical weather data, the critical path was impacted as a result, and the actual impact to the critical path could not have been prevented through reasonably prudent measures.

As part of this documentation, the contractor must substantiate the reasonableness of anticipated weather days included in the schedule as discussed in paragraph 1.3 INCORPORATION IN PROJECT SCHEDULE. Failure to substantiate the reasonableness of the anticipated weather days may result in a determination that the contractor failed to adequately plan and execute the work in a manner consistent with the requirements of the contract, making the delay within their control.

Additionally, the contractor shall provide a detailed listing of all weather days occurring from the Notice to Proceed through the date of the request and show a cumulative net impact to the performance period

DOCUMENT 00 74 02 Page 3 exceeding that which could be anticipated based on the aforementioned 25 years of historical weather data.

Any calculation performed within RMS-CM under the "Weather Delays" screens of the QA/QC Module shall not serve as the basis for determining the amount of adjustment required.

3.4 ISSUANCE OF MODIFICATION

If the contractor can substantiate an impact to the completion date of the project based on actual "unusually severe" weather as described herein, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause 52.249-10 entitled "Default (Fixed Price Construction)".

3.5 DELAYS OUTSIDE STANDARD WORK DAYS

Weather delays occurring prior to Notice to Proceed, during non-working days, and after the required completion date are not excusable under the Defaults clause.

When the contract performance period, or any extension thereof, has passed, no extensions for unusually severe weather will be granted.

This applies as well to any interim milestone or completion date.

DOCUMENT 00 74 02 Page 4

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 74 17

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ITALY (NAU)

04/21

PART 1 GENERAL

1.1 PURPOSE

1.2 REFERENCES

1.3 SUBMITTALS

1.4 PROOF OF QUALIFICATIONS AND EXPERIENCE

1.5 ITALIAN SAFETY LAW COMPLIANCE

1.5.1 Required Compliance With Italian Law 81/2008 And Amendments

1.5.2 Requirements Prior to Beginning Construction

1.5.3 Construction Safety Coordinator (Coordinatore della

Sicurezza per l'esecuzione)

1.5.4 Responsibility for Delay

1.6 ENVIRONMENTAL POLICY AND RESTRICTIONS

1.6.1 FINAL GOVERNING STANDARDS (FGS)

1.6.2 ENVIRONMENTAL IMPACT STUDY

1.6.3 RECYCLING AND REUSE REQUIREMENTS

1.7 CERTIFICATION OF COMPLIANCE WITH ITALIAN LAWS

1.7.1 Certification

1.7.2 Other Tests and Certifications

1.8 CULTURAL RESOURCES

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 IMPLEMENTATION OF LAW 81/2008

3.1.1 Preliminary Notification (Notifica Preliminare)

3.1.2 Planning (Pre-Construction) Phase

3.1.3 Construction Phase

3.2 INSTALLATION ACCESS - ITALY

3.3 ITALIAN CONSTRUCTION BOARD

3.4 GEOSPATIAL DATA REQUIREMENTS

3.4.1 Data Collection Format

3.4.2 Data Layer Rules

3.4.3 Additional

DOCUMENT 00 74 17 Page 1

DOCUMENT 00 74 17

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ITALY (NAU)

04/21

PART 1 GENERAL

1.1 PURPOSE

This section outlines specific requirements the contractor must comply with when performing work on military installations in Italy. Nothing in this section is intended to release or waive the contractor from applying with additional local, regional, or host nation laws as stated in Section 00 74 01 SPECIAL CONDITIONS (NAU). Local or regional amendments to the Italian Laws and Decreess may exist. They may place additional restrictions or requirements on the contractor, and it is the contractors responsibility to identify and comply with them.

Separate payment will not be made for compliance with this section or for any costs or fees associated with complying with local, regional, or host nation law.

1.2 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY EUROPE (USAREUR)

AE Regulation 190-16 Installation Access Control

U.S. DEPARTMENT OF DEFENSE - SPATIAL DATA STANDARDS FOR

FACILITIES, INFRASTRUCTURE, AND ENVIRONMENT (SDSFIE)

SDSFIE (Version 4.0 Army Adaptation) Spatial Data Standards for Facilities, Infrastructure, and Environment

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality Control approval. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Technical And Professional Capabilities; G

Preliminary Notification (Notifica Preliminare)

Safety And Coordination Plan (Il Piano Di Sicurezza E Di Coordinamento)

Operational Safety Plan (Piano Operativo Di Sicurezza)

Waste Management Plan; G

SD-06 Test Reports

DOCUMENT 00 74 17 Page 2

Waste Reduction Progress Report

SD-11 Closeout Submittals

Certificate of compliance for all contract work; G

Geospatial (GIS) Data; G

Data Layer Information; G

Comprehensive List Of Required Certifications And Testing; G

1.4 PROOF OF QUALIFICATIONS AND EXPERIENCE

Where qualifications or experience requirements are set forth in the specifications with respect to equipment and equipment installers, written proof of such qualifications or experience must be provided within thirty (30) calendar days after Contract award, and before placing any order for such equipment or before dispatching equipment installers to the project site.

Any and all electrical works shall be performed by qualified personnel in possession at least of the "PES" qualification (Persona Esperta), or of the "PEI" qualification (Persona Idonea), as required by Norma CEI 11-27. Copy of the "PES" or "PEI" Nomination Letters of the electrical Subcontractor's personnel shall be provided by the Contractor through the COR to installation "RI" (Responsabile Impianto), in compliance with Dlgs. 81/08, CEI 0-10, CEI EN 50110 1-2 and CEI 11-27 Norms.

1.5 ITALIAN SAFETY LAW COMPLIANCE

The requirements defined herein are in addition to those identified in Section 01 35 26 SAFETY REQUIREMENTS (NAU).

1.5.1 Required Compliance With Italian Law 81/2008 And Amendments

The contractor is responsible for conformance with the requirements of Italian law, including Law 81/2008, as amended, in effect at the time of award of the project. The contractor shall complete and provide any information in a timely manner when requested by the Government to carry out its responsibilities under Law 81/2008.

The Government will provide the contractor with a partial design or a scope of work. The contractor will be responsible for fully preparing any and all documents and fulfilling all conditions related to Italian safety legal requirements mandated for the planning and design phase of the project, even if the contractor is not furnishing any architectural-engineering services under the contract.

The contractor is responsible for completing and providing any information in a timely manner when requested by the Government to carry out its responsibilities under Law 81/2008

1.5.2 Requirements Prior to Beginning Construction

The contractor is responsible for demonstrating its technical and professional capabilities and to submit this documentation to the Contracting Officer Representative (COR) prior to receiving clearance to begin Construction, pursuant to Article 89 of Law 81/2008. This includes the documentation required by Article 90, paragraph 9b and Attachment

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XVII of Law No. 81/2008. The contractor is responsible for verifying the technical and professional capabilities of all subcontractors in accordance with Law 81/2008.

The contractor shall plan the works to allow for at least 45 calendar days review and approval of required plans, provided no corrections are required. If corrections are required, the contractor shall make the corrections and provide any additional documents or resubmittals.

1.5.3 Construction Safety Coordinator (Coordinatore della Sicurezza per l'esecuzione)

The Government will provide the name of the construction safety coordinator (Coordinatore della Sicurezza per l'esecuzione) to the contractor after award of the contract or task order. This coordinator shall perform the duties specified in law 81/2008 during the construction phase of work.

No construction shall begin until all the appropriate plans have been submitted, reviewed, and accepted; and the Coordinatore della Sicurezza per l'esecuzione has confirmed all requirements of Italian safety laws have been met

1.5.4 Responsibility for Delay

Any delays and/or damages to the Contractor due to delays resulting from erroneous, incorrect, or inadequate information submitted become the sole responsibility of the Contractor.

Under no circumstance shall any direction from the Coordinatore della Sicurezza per l'esecuzione be subject to a claim or change to the contract

1.6 ENVIRONMENTAL POLICY AND RESTRICTIONS

1.6.1 FINAL GOVERNING STANDARDS (FGS)

The contractor is required to comply with the requirements of the Final Governing Standards (FGS) for environmental protection for all work performed on Department of Defense (DOD) installations in Italy.

1.6.2 ENVIRONMENTAL IMPACT STUDY

The contractor is required to review Section 01 10 10 Summary of Work to determine if additional environmental requirements, including (a) limitations on performance during specific periods of time (i.e. "Fauna Season") apply or (b) the completion of an "environmental impact study" is required prior to the start of construction.

When an "environmental impact study" (Studio di Incidenza) is required, the contractor shall conduct all investigations and prepare all documentation required for the "Studio di Incidenza". All information must be prepared and provided in two identical documents: one in English and the second in the Italian language. Submit both documents through the COR to the installation Environmental Office.

The installation Environmental Office will prepare an "Allegato E" and submit it with the "Studio di Incidenza" to the Italian authorities for completion. The Italian authorities will provide a "Valutazione di Incidenza" (VIncA) identifying any restrictions or requirements during construction, which may include limitations on work that may be performed during certain seasons or time periods to mitigate the impacts on the environment. No adjustment will be made in the performance period or contract amount if this process does not exceed 45 calendar

DOCUMENT 00 74 17 Page 4 days from receipt of an acceptable environmental impact study.

The contractor will be required to incorporate any required changes or restrictions into their design and construction activities.

Should any changes, restrictions, or other events associated with this process have an impact on the time to perform the work, the contractor must show, through a Time Impact Analysis prepared in accordance with Section 01 32 01 Project Schedule and substantiate the impact to the critical path. Any adjustment in the performance period will be made in accordance with contract clause 52.249-10 Defaults. No adjustment in the contract cost will be allowed or made for complying with any restrictions or requirements.

1.6.3 RECYCLING AND REUSE REQUIREMENTS

In accordance with USAG Italy policies, the contractor is required to reduce, recycle, or salvage as much construction waste material as possible with a goal of diverting at least 60% from landfills.

The contractor is required to provide a Waste Management Plan (WMP) prior to the start of construction. The WMP shall indicate the anticipated types and quantities of demolition, site-clearing, and construction waste to be generated by the contractors operations.

Include estimated quantities and assumptions for estimates. For each type of waste, indicate whether it will be salvaged, recycled, or disposed of in landfill or incinerator.

Each month during construction, the contractor shall submit a Waste Reduction Progress Report identifying, for each type of material, the total quantity (in tonnes) of waste (a) generated, (b) salvaged (estimated and actual), (c) recycled (estimated and actual), and (d) recovered (salvaged plus recycled). the amount recovered shall also be reported as a percentage of total waste.

1.7 CERTIFICATION OF COMPLIANCE WITH ITALIAN LAWS

1.7.1 Certification

As a condition of final acceptance of the work, the Contractor shall submit to the Contracting Officer a certificate of compliance for all contract workcertifying that the work complies with Italian Law and that the provided work is adequate and safe for the designated use. The certification shall be made by the responsible technician of the installation firm who shall have been regularly registered on the Installation National Professional Rolls of Italy for at least the last three years.

1.7.2 Other Tests and Certifications

In addition to the above certification, the Contractor shall provide all other certifications and testing required by Italian Law, including those listed in paragraph REFERENCES. These certifications and documentation of tests are in addition to any permits required by other sections of the contract.

The exact requirements will depend on the specific scope of work for the project and may include testing and certificates/certification of the following:

a. Electrical systems

b. Elevator systems

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c. Energy consumption

d. Fire Prevention systems

e. Heating Systems above 100,000 Kal/hr.

f. Mechanical systems

g. Static Load Tests

The Contractor shall submit to the Contracting Officer two originals of each certification required by Italian Law. No later than 45 days after the start of construction, the contractor shall submit a comprehensive list of required certifications and testing identifying all required certifications and testing they are required to perform based on the scope of work of the contract.

1.8 CULTURAL RESOURCES

Cultural resources such as archaeological remains or villa remains may be uncovered during construction excavation operations. If during excavations, suspected cultural remains are found, excavation operations shall immediately cease and contractor shall notify the Contracting Officer.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 IMPLEMENTATION OF LAW 81/2008

3.1.1 Preliminary Notification (Notifica Preliminare)

The Government will provide a draft copy of the Preliminary Notification (Notifica Preliminare) to the contractor. The contractor shall complete the information on the form as indicated by the Government and return the form to the Government. The Government will coordinate completion of this document and provide through the local installation representatives to the appropriate host nation authorities (Italian Base Commander) before Construction may begin.

3.1.2 Planning (Pre-Construction) Phase

The contractor is appointed and considered to be the Works Manager (Il Responsabile Dei Lavori) for all phases of work prior to the physical performance of the construction works, even if the contractor performs no other architectural-engineering services. The contractor shall perform and complete any safety requirements mandated under Italian safety laws prior to the Execution phase of the project. This includes the requirement to:

a. Designate a qualified safety coordinator (coordinatore per la progettazione). The coordinator shall be qualified in accordance with Italian Law, meet all minimum training and experience requirements, and perform all duties required under Italian laws.

b. Prepare a Safety and Coordination Plan (Il Piano Di Sicurezza E Di Coordinamento) (PSC) meeting the requirements of the law.

c. Prepare the Operational Safety Plan (Piano Operativo Di Sicurezza) )(POS) for construction.

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The contractor shall be responsible for directly coordinating with the appropriate authorities for any necessary approvals. In addition, the Government will provide the PSC and the POS to the construction safety coordinator (coordinatore per l’esecuzione) for review and comment. They will coordinate directly with the contractor for any necessary corrections and implementation of the plans.

3.1.3 Construction Phase

During construction, the contractor shall comply with all aspects of Law 81, including and not limited to Articles 89 and 97, oversee safety at the site and the application and regulation of the POS, and comply with all directions and instructions of the coordinatore per l’esecuzione.

The contractor shall take direction from the coordinatore per l’esecuzione during the construction phase regarding inspections, implementation, integration, and updating of the PSC and POS during progress of the work.

3.2 INSTALLATION ACCESS - ITALY

All Contractor employees, including subcontractors, subcontractors' employees, suppliers, and suppliers' employees are required to comply with the Installation Security Requirements regarding personnel, vehicle, and equipment security passes and access the jobsite. Nothing in the contract is to be construed in any way to limit the authority of the Commanding Officer to prescribe new, or to enforce existing security regulations governing the admission or exclusion of persons and the conduct of persons while on the installation, including but not limited to, the rights to search of all persons or vehicles on the installation.

Coordinate with the Contracting Officer for specific security and access requirements.

Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16 , will be grounds for denying access to U.S.

installations and controlled areas.

The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

Refer to Section 00 74 70 ANTI-TERRRORISM/OPERATIONS SECURITY REQUIREMENTS for specific training requirements required of personnel accessing the installation.

3.3 ITALIAN CONSTRUCTION BOARD

In addition to project signs identified elsewhere, the contractor shall provide a "Construction Site Board" in compliance with Italian law.

This board must show (in Italian) the following:

a) The nature of works carried out;

b) The cost of the project;

c) How the project will be implemented;

d) The reference number of the authorization to build given by the municipality;

e) The Procuring Entity (name and registered address);

f) The Contractor(s) (name and registered address);

g) The Subcontractor(s), if any (also for technical plants);

h) The name of the Architectural Designer;

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i) The name of the Structural Designer;

j) The name of the Systems Designer;

k) The name of the Works Director;

l) The name of Chief Operating Officers, if any, or Construction Controllers;

m) The name of the Coordinator for safety measures planning;

n) The name of the Coordinator for the execution of the works (for safety matters);

o) The name of Construction Manager;

p) The name of Construction Tester;

q) The Business Operators of contractor(s);

r) The Business Operators of subcontractor(s)

3.4 GEOSPATIAL DATA REQUIREMENTS

The contractor is required to provide Geospatial (GIS) data as part of the final As-Built documentation required by this contract. Except as provided for separately in the contract, all GIS data must comply with the following.

3.4.1 Data Collection Format

All GIS data collected must conform to the following:

a. Source Data: GIS data shall be collected using differential GPS Field by means of non-recreational GPS equipment, such as Trimble or Magellan. To ensure high quality/precision GPS data, conduct data collection when positional dilution of precision (PDOP) is 4 or less. In addition, the raw GPS data must undergo differential post-processing utilizing a permanent GPS base station with a high integrity index value (i.e., 70-100). The target accuracy for the resulting differentially corrected GPS field survey data is meter or sub-meter.

b. Submit all GIS files in CD-ROM or DVD disks in ArcGIS 10.4.1 (or previous version) compatible format: at least one pre-final submittal is requested for review before the final delivery.

c. Installation geospatial data shall be provided in a Personal Geodatabase compliant with SDSFIE.

d. Features shall be stored in GIS Personal Geodatabase complying with "Army IGI&S Program - Geospatial Data Layer - Quality Assurance Plan (QAP)" version 4.0 (type of geometry, type of data, geographic representation, positional accuracy, attribute accuracy, completeness, logical consistency, lineage…). All data shall be topologically sound and geometrically correct.