18R0225_Lviv_Kindergarten_Attachment_1_~_PTS.pdf

EUCOM Humanitarian Assistance Program

LVIV KINDERGARTEN

RENOVATION

PLAYGROUND FOR CHILDREN

WITH SPECIAL NEEDS

UKRAINE

UP-HA-2017-00035276

Lviv, Ukraine

April 2018

Ver-001

Upgrades to playground for Lviv kindergarten Lviv (Ukraine)

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Contents

1. TAXATION

2. GENERAL DESCRIPTION OF PROJECT

2.1. GENERAL DESCRIPTION OF WORK

2.2. LOCATION OF PROJECT

2.3. LEGAL AND TECHNICAL REQUIREMENTS

2.4. GENERAL CONTRACT DESCRIPTION

2.5. CONSTRUCTION PERMIT OR AUTHORIZATION

2.6. MEASUREMENTS AND QUANTITIES

2.7. CONSTRUCTION PHASE - GENERAL

3. DETAILED SCOPE OF WORK

3.1 BASIS OF DESIGN - GENERAL

3.2 BASIS OF DESIGN – SPECIFIC INSTALLATIONS

3.3 SAND PITS

3.4 RUBBER FLOORING AND BORDERS

3.5 SIGNBOARD

3.6 TRASH BINS

3.7 BENCHES (10 UNITS)

3.8 GAZEBOS – SHELTERS – PAVILIONS (3 UNITS)

3.9 FENCES (MINIMUM 50 METERS LONG)

3.10 BENCHES FOR CHILDREN (MINIMUM 6)

3.11 CARROUSEL FOR CHILDREN WITH DISABILITIES (1 UNIT)

3.12 SWING FOR CHILDREN WITH SPECIAL NEEDS WITH NET (1 UNITS)

3.13 SWING FOR CHILDREN WITH SPECIAL NEEDS WITH PLATFORM (1 UNITS) ... 28

3.14 SPECIAL NEEDS PLAYGROUND COMPLEX (1 UNIT)

3.15 BASIS OF DESIGN

3.16 LARGE PLAYGROUND COMPLEX FOR CHILDREN 3-6 YO (1 UNIT)

3.17 LARGE PLAYGROUND COMPLEX FOR CHILDREN 3-6 YO (1 UNIT)

3.18 CLIMBING SLIDING COMPLEX (1 UNIT)

3.19 LABYRINTH PANEL FOR CHILDREN

3.20 DISTORTING MIRROR

3.21 SPRING SWINGS FOR 4 CHILDREN

3.22 SPORT INCLINED TRIANGLE

3.23 INDIVIDUAL SPRING SWINGS (5 UNITS)

3.24 LABYRINTH SPORTS FOR CHILDREN (1 UNIT)

3.25 CHILDREN FACILITIES – PLAYGROUND EQUIPMENT

3.26 GENERAL CONDITION OF AREAS UNDER THE SCOPE OF WORK

3.27 COMMEMORATIVE PLAQUE

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4 PROCEDURE AND GENERAL CONTRACT REQUIREMENTS AND GUIDELINES

4.1 PRINCIPLES

4.3 START OF CONSTRUCTION

4.4 DESIGN-BUILD PROCEDURE

4.5 RESPONSIBILITY FOR NEW MATERIALS

4.6 CONSTRUCTION/DESIGN SCHEDULE AND CONTRACTUAL MILESTONES

4.7 CONSTRUCTION SCHEDULE (BAR CHART IS AUTHORIZED)

4.8 SAFETY: ACCIDENT PREVENTION PLAN

4.9 SPECIAL SITE CONDITIONS

4.10 PHASING AND COORDINATION

4.11 SUBMITTALS – TECHNICAL INFORMATION

4.12 DELIVERABLE

4.14 WEEKLY STATUS REPORT AND PICTURES

4.15 RESPONSIBILITY AND OWNERSHIP OF REMOVED MATERIALS

4.16 CERTIFICATIONS, LICENSES, PERMITS, FEES, ETC

4.17 QUALITY CONTROL PLAN

4.18 CONSTRUCTION SIGN

4.19 PAYMENT

4.20 SCHEDULE OF PRICES

4.21 DAMAGES/IMPACT TO EXISTING FACILITIES

4.22 CLEANING

4.23 SPACE PARTS

4.24 WARRANTY AND TRAINING

4.25 CLOSE-OUT PROCEDURE

5 ANNEX 1: GUIDELINE TO PREPARE THE QUALITY CONTROL PLAN

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1. TAXATION

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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2. GENERAL DESCRIPTION OF PROJECT

2.1. General Description of Work

This contract includes the design and construction of a fully rated and certified playground area in the yard of the listed kindergarten in the city of Lviv. The work includes not only the playground area itself, but the development of the entire area under the scope of work and its perimeter, as described in this document.

All improvements, alterations and modification shall be as required by Ukrainian regulations and as outlined in this document.

All materials to be certified for kindergarten use.

2.2. Location of project

Project is located in the kindergarten located in Rilskovo Street number 9, in Lviv, exactly where indicated in the location maps and pictures included in this paragraph.

Location of Lviv in Ukraine

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Kindergarten building

Location of kindergarten within Lviv

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2.3. Legal and Technical Requirements

The contract is based on the following general requirements:

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

- Strict compliance with Ukrainian technical and legal regulations.

- Strict compliance with Ukrainian Safety regulations, unless the US safety regulations

(USACE EM 385-1-1) are more strict and not in conflict with Ukrainian safety regulations, in which case the US safety regulations shall be implemented.

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

The project is based on the principle of strict compliance with Ukrainian technical and administrative regulations, with US Contracting Regulations and with Ukrainian Safety regulations, unless US regulations are more strict and not in conflict with Ukrainian safety regulations. In case of conflict between Ukrainian and US safety regulations, the contractor shall apply the Ukrainian regulations. If the US regulations are stricter and not contrary to the Ukrainian regulations, then the contractor shall apply the US regulation. The contractor shall inform the Contracting Officer Representative of any conflict between Ukrainian and US safety regulations.

The contractor shall hire the services of licensed architects/engineers in Ukraine to prepare the necessary designs and technical projects which are required for the scope of work included in this document.

The contractor shall hire the services of a licensed architect in Ukraine to:

- Make any necessary technical projects for the scope of work included in this project, as required by Ukrainian regulations in general and as required by Ukrainian standards for kindergarten playground and yard areas in particular.

- Obtain the necessary construction permits.

- Obtain formal approval from competent Ukrainian authorities for all completed works. This is a process designated as “formal expertise approval” which shall be managed and paid by the contractor, and which shall include all items of work. “Expertise” approval is required for all items of work included in this document, and it is the procedure by which the US Government will obtain formal confirmation of compliance with pertinent Ukrainian regulations.

Provide the final work as a complete and usable facility, including all items which are required by Ukraine regulations and which may not be described in this document. Technical details, items of work, permits or fees that are not explicitly described in this document, but which are necessary to provide fully operational and finished playground facility shall be considered part of this contract.

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2.4. General Contract Description

This is a design-bid-build contract in which the US Government provides the area to be fully developed and the contractor shall provide the conceptual design and the full required technical projects.

The contractor is responsible to prepare all necessary design drawings and information, as it is required by Ukrainian regulations and as required for the contractor to show the Contracting Officer Representative the proposed details of his works.

The work includes working in an area with slopes which need to be considered during the design.

There are utility lines which need to be properly included into the design. There is existing playground equipment which needs to be removed. All these factors make it necessary for the contractor to visit the job sites and takes notes of field conditions before submitting their offers to the Contracting Officer. In order to visit the site, the offerors shall coordinate with the Program Manager of the United States Office of Defense Cooperation (ODC) in Kyiv Ms. Lyudmyla Kyryrenko lyudmyla.v.kyrylenko.ln@mail.mil.

This is a design-bid-build contract. This means that the contractor is responsible to:

- Hire the services of licensed architects and engineers and technicians to make necessary design works. All design documents, including shop drawings shall be signed and stamped by the competent and pertinent licensed technical staff.

- Obtain the acceptance of those design works by the Contracting Officer Representative

- Obtain the formal approval of those design works by the competent Ukrainian authorities.

- Obtain the construction permit from Ukrainian authorities and the Notice to Proceed from the Contracting Officer.

- Execute the corresponding construction works.

- Provide supervision of construction activities by their architect/designer, who shall be responsible for their technical projects.

- Coordinates with the beneficiary the supervision of the construction by the designer and by the third party companies.

- Obtain the acceptance of NAVFAC and the formal approval of the competent and required

Ukrainian authorities for the executed construction works (Act of Acceptance). Obtain “expertise” approval for all items of work performed under this contract.

2.5. Construction Permit or Authorization

The contractor shall obtain formal written authorization from the competent Ukrainian authorities to perform the works included in the scope of work of these projects.

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 Ukrainian regulations, in order to obtain these Permits or Authorizations. The contractor is responsible to pay for any third party inspection or expertise that may be required by Ukrainian 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 public facilities.

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2.6. Measurements and Quantities

This contract complies with the US Contracting Regulations, and as such, all measurements and quantities of materials provided shall be verified and measured on site by the contractor. 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.

In order to visit the site before award, the contractor shall coordinate with the Program Manager of the United States Office of Defense Cooperation (ODC) in Kyiv Ms. Lyudmyla Kyryrenko lyudmyla.v.kyrylenko.ln@mail.mil

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

2.7. Construction Phase - General

Once the contractor completes the designs and they show evidence of formal authorization by the competent local authorities, and the contractor shows that they have completed other administrative contract requirements (Accident Prevention Plan, Quality Control Plan, Schedule,…), the Contracting Officer Representative will inform the contractor that they may start the construction phase of this design-build contract. This notification is called Notice to Proceed or NTP.

The construction shall follow the design and technical projects prepared by the architect hired by the contractor, accepted by the Contracting Officer Representative (COR) and approved by pertinent Ukrainian authorities, and for which the contractor shall obtain the Construction Permit.

Under this phase, the contractor shall provide all necessary work in order to provide complete and usable facilities. Elements that may not be explicitly included in this document, but which are absolutely necessary to provide complete and usable kindergarten playground facilities as required by Ukrainian regulations shall be considered to be an integral part of the project, and therefore, shall be considered to be part of this contract.

The contractor shall familiarize with the requirements of Ukraine regulations regarding kindergarten playground areas, as there may be required elements which are not specified in this document.

The architect who signs and certifies the technical projects shall visit the site for every important and relevant phase of work, to partially accept the completed works. Despite the requirements of the Ukrainian regulations for the visits of the designer, once the works start, the architect shall visit the site as a minimum once every week.

Two days in advance of the site visit, the contractor shall inform ODC Ukraine and the beneficiary of the planned arrival time to the job site.

In addition to these minimum weekly visits, the architect shall visit the site when the COR visits Khmelnytskyi, estimated at once every two months.

In addition to these visits, the third party experts that shall be required will visit the site as required by Ukraine regulations, and also when NAVFAC’s PM visits the site.

Work will not be accepted until Final Act of Acceptance and expertise certificates are provided.

Requirement for Ukraine Code and Regulation: The contractor shall request, process and pay for any permits that may be required in accordance with Ukraine Law for this type of construction works. The contractor shall provide a copy of the pertinent construction permit to be issued by the competent local authorities and approval by the Monitoring Entity of the design, before they are authorized to start work.

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3. DETAILED SCOPE OF WORK

The work includes the design and construction of the complete development of a section of the kindergarten back yard to include 3 independent playground areas for 3 groups of children (“group of children” is the definition of a class, which includes a maximum of 25 children”).

Areas under the scope of work

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Areas under the scope of work

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The scope of work of this project includes everything necessary to provide the finished playground installations in full compliance with referenced standards, laws and regulations. This includes from the preparation and approval of the design, to the final certification of the finished facilities, with the only exception of the tree removal and pruning. The contractor shall coordinate with the Municipality the removal and cleaning of trees which are required to be removed as part of the design, with minimum 2 months advance notice This US Government contract does not including cutting any trees. However, if a tree is cut by the Municipality, the contractor will be responsible for everything else, such as actual removal of the cut tree or the removal of the main roots, which shall not be left under new pavement. However, the contractor’s design shall be prepared in order to minimize the impact to the existing vegetation.

In addition to this required legal inspection and approval, it is required that the manufacturer representative officially certifies that the equipment was installed as recommended by their official instructions.

These scope of work for each individual playground or phase is described in the following paragraphs.

Typical playground conceptual design, indicating the areas accessible for children with wheelchairs (SEN). From NAVFAC project in Bulgaria.

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Typical playground conceptual design. In green are the topsoil seeded agas for grass or trees, which corresponds to approximately 40% of the areas under the scope of work. The reddish areas correspond to the rubber flooring, which in our contract covers approximately 25% of the areas under the scope of work. The remaining yellow areas correspond to paved areas with solid concrete bricks. The grey areas are the sidewals and fences. The contractror shall provide similar conceptual designs for all areas under the scope of work, indicating all the installations that they are proposing to provide in compliance with the requirements of this document.

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3.1 Basis of design - General

The contractor shall hire the services of a licensed architect, engineer or technician with authority in Ukraine to design and certify playground installation for children with special needs. The designer shall strictly follow this general basis of design:

- All paved areas accessible with wheelchair from the existing paved street in the back yard.

- There shall be 3 independent zones, designated as Group 1, Group 2 and Group 3, separated by kindergarten rated ornamental fences (minimum 50 linear meters).

- The contractor shall demolish all existing pavements in the area under the scope of work.

The materials shall be reutilized within the new design to the maximum extent technically possible, or it shall be cleaned and turned over to the beneficiary if cannot be used for the new design.

- The contractor shall remove all existing playground equipment in the area under the scope of work and reinstall it to the maximum extend technically possible within the area under the scope of work, if, and only if, the contractor can certify that it complies with all applicable regulations and it can be blended within the new design.

- All sidewalks and general pavement in the areas under the scope of work shall be accessible for people with limited mobility (wheelchairs). Currently the new curbs do not allow the movement of wheelchairs onto the areas under the scope of work. This will require the contractor to modify the existing concrete curbs.

- Properly sloped or with underground drainage system to avoid any accumulation of surface water.

- Rubber flooring: Minimum 5 cm thick. Where required by the manufacturer of the special playground equipment described in this document and for a minimum surface as described in this document.

- From the areas under the scope of work, the contractor shall estimate:

o 25% of the areas: 5 cm thick rubber flooring o 35% of the areas: Paved with solid concrete bricks in combination of different colors o 40% of the areas: Green or seeded areas with grass. Topsoil seeded areas

- Existing perimeter fence and its supporting concrete curb: The contractor shall repair under this contract all fences limiting the area under the scope of work from the exterior of the kindergarten, as explained the pictures included in this document. The repairs include removing the paint (sand blasting), repairing any metal structural defects and covering with three coats (primer-intermediate and final layer) of epoxy based paint. The works also include the repairs to the concrete parapet and its plaster. Once the repair works are completed, the perimeter fence limiting with the areas under the scope of work shall have the appearance of a new fence.

- Existing underground utilities and manhole covers: The contractor is responsible to reroute any existing underground utilities or to provide new covers in order to comply with Ukrainian regulations for playground areas. The contractor is responsible to modify the manhole as necessary for the new covers to be adjusted to the new finished grade elevation of the areas.

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3.2 Basis of design – Specific Installations

The contractor’s design team shall provide the following installations within the areas to be renovated. The final selection shall be coordinated with the beneficiary and shall be approved by the Contracting Officer Representative (COR) for verification of compliance with the minimum requirements outlined in this document for the required installations.

- 3 sand pits with reinforced concrete floors and walls: There shall be one sand pit on each group. Total of 3 sand pits. Each sand pit to have minimum 8 m². To be filled with minimum 4 m³ of sand, cleaned and disinfected, for each sand pit. Total of minimum 12 m³ of special sand required. Edges of sand pit to be covered with special wood rated for exterior use.

- 3 Sand pit covers: The contractor shall provide a cover for each sand pit to protect it during inclement weather.

- 1 signboard for each group. Total of 3.

- 2 trash can/bin for each group. Total of 6.

- 10 benches with minimum 15 meters of length of benches. 3 benches per group +1, minimum length each 1.5 meters.

- 6 benches for children, each minimum 1.25 m.

- 3 gazebos or pavilions. 1 per group, with minimum 15 m² each.

- 1 carousel for children with special needs

- 1 swing for children with special needs with net

- 1 swing for children with special needs with platform

- 1 special needs playground complex

- 2 large playground complexes for children 3 to 6 yo

- 1 climbing/sliding complex for children up to 12 yo

- 1 labyrinth panel for children

- 1 distorting mirror for children

- 1 spring swing for 4 children

- 1 sport inclined triangle for children

- 5 individual spring swings for younger children

- 1 labyrinth sports for children

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3.3 Sand pits

The contractor shall design and build reinforced concrete sand pits, provided with special cover to protect the sand when there is inclement weather conditions.

The edges of the concrete shall be rounded and provided with special wood cover.

The sand for the sand pits shall be specially cleaned and disinfected for kindergarten use.

Sand pit under construction in a similar NAVFAC playground construction project in Bulgaria.

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3.4 Rubber Flooring and borders

The amount of rubber flooring will depend on the contractor’s design. Each piece of playground equipment has specific requirements for its adjacent and surrounding flooring.

The contractor shall use minimum 5 cm thick rubber tiles, specifically designed for kindergarten exterior outdoor use.

The contractor shall use rubber borders where recommended by the manufacturer of the playground equipment and to avoid any sharp edges of concrete or other hard materials.

It is estimated that as a minimum 25% of the areas under the scope of work shall be covered with 5 cm thickness rubber flooring. The contractor shall cover with 5 cm thick tiles whatever is larger between 25% of the areas or 300 m².

The contractor shall use different combination of colors

Typical required rubber flooring and rubber borders

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Detail of required characteristics for new flooring, including the sidewalks connecting playground areas.

Rubber tiles to be 5 cm thick

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3.5 Signboard

The contractor shall place on each playground area, as a minimum, 1 signboard, indicating the general requirements for the particular playground area.

Typical required sign as per EN regulations. Contractor to use the ones required by Ukrainian regulations.

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3.6 Trash bins

The contractor shall permanently install 6 trash bins in the area under the scope of work, similar to the any of the ones shown below:

Contractor to provide 6 trach bins, similar to any of the ones shown above.

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3.7 Benches (10 units)

The contractor shall permanently install a total of 10 benches to provide a total of minimum of 15 linear meters of benches. All benches to be installed in the areas under the scope of work. The benches shall be designed in coordination with the trash bins and shall be metal and wooden.

50% of the benches to be provided with back and 50% of the benches to be provided without a back support.

Contractor to provide 10 benches, similar to any of the ones shown above.

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3.8 Gazebos – Shelters – Pavilions (3 units)

The contractor shall provide and install 3 gazebos or shelters or pavilions for the children to play outside when there is moderate inclement weather. Each gazebo to be provided with wooden elevated flooring and roofing and with minimum 15 m² of covered area.

Typical required shelter or gazebo or pavilion

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3.9 Fences (minimum 50 meters long)

The different playing areas shall be clearly separated by fences. Fence design shall be coordinated with the rest of the equipment and pavement. At every 4 meters of length, there shall be some decorative element on the fence, such as the ones included herein, which shall be facing both sides. They shall be similar to the ones shown herein:

Typical required fences to separate the diffeernt playing areas for the children

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3.10 Benches for children (minimum 6)

The contractor shall provide and install a minimum of 2 benches for children in each area. Total of 6 benches for children. Each bench shall have minimum 1.25 meters of length. They shall be similar to any of the ones below:

Typical required benches for the children

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3.11 Carrousel for Children with Disabilities (1 unit)

Within one of the 3 groups, the contractor shall provide and install one carousel for children with Special Needs.

Typical required carousels for children with special needs

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3.12 Swing for children with special needs with net (1 units)

Minimal dimensions and space for placement:

Description of example of acceptable item

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3.13 Swing for children with special needs with platform for wheelchair (1 units)

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3.14 Special Needs Playground Complex (1 unit)

Provide a playground complex, specially rated and classified by the manufacturer to be used by children with special needs, with the minimum dimensions of the one described in this paragraph.

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3.15 Basis of design

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3.16 Large Playground Complex for children 3-6 yo (1 unit)

The contractor shall provide a kindergarten playground complex with minimum features and accessories and dimensions as the one described herein.

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3.17 Large Playground Complex for children 3-6 yo (1 unit)

The contractor shall provide another kindergarten playground complex with minimum features and accessories and dimensions as the one described herein and in addition to the one previously described in the previous paragraph.

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3.18 Climbing sliding complex (1 unit)

The contractor shall provide another kindergarten playground complex with minimum features and accessories and dimensions as the one described herein and in addition to the ones previously described in the previous paragraphs.

Technical characteristics:

- Age Group: 3 to 12 yo

- Type of playground games: Climbing, sliding and balancing

- Maximum free fall height: 0.85 m

- Certified for children with disabilities or special needs

Description of example of acceptable item KI2

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AREA FOR FALLING

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3.19 Labyrinth panel for children

The contractor shall provide and install a labyrinth similar to the one indicated herein.

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FREE AREA

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3.20 Distorting mirror

The contractor shall provide and install a distorting mirror similar to the one indicated herein.

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NECESSARY SPACE

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3.21 Spring swings for 4 children

The contractor shall provide and install a spring swing for 4 children similar to the one indicated herein.

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FALL AREA

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3.22 Sport inclined triangle

The contractor shall provide and install a sport inclined triangle similar to the one indicated herein.

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3.23 Individual spring swings (5 units)

The contractor shall provide and install individual spring swings similar to the ones indicated herein.

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3.24 Labyrinth sports for children (1 unit)

The contractor shall provide and install labyrinth with the minimum dimensions and features as the one included in the picture below. Minimum dimensions 2 x 5 meters.

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3.25 Children Facilities – Playground Equipment

The children facilities or playground equipment to be used shall comply with the requirements specified for each one of those specified in this document. However, the contractor is not obliged to procure exactly the same model as the one shown. The playground equipment included in this document is used to describe the minimum requirements of the contract. This means that if for example the roof of the combined gazebo included in this contract shows dimensions of 5.26 x 3.06, which represents a total area of 16.1 m², the contractor may choose any other combined gazebo with roof surface of 16.1 m² or larger, with similar general characteristics as the one shown in this document.

Each piece of playground equipment requires special flooring and/or areas for potential falls under and around it. The conceptual design includes the rubber flooring based on the model selected for the playground equipment for only some of the required ones. The contractor shall provide the rubber flooring and free areas around the playground equipment as required by the manufacturer and by the applicable regulations, which will not necessarily be exactly as the ones described in the conceptual design.

Materials for the children’s facilities:

The structural elements shall be produced of selected dried softwood with the appropriate profile.

Their technical and operational characteristics shall correspond to the loads required during the operation of the equipment. The equipment structure shall be designed in accordance with the EN1176-1 requirements (or Ukrainian equivalent) both in terms of the fixed and variable loads depending on the number of users in the particular area, and in regards with all requirements of this standard for protection against falls and protection against all types of clamps. The structure shall be certified by Construction Declaration and in-house Test Reports. All parts shall be round, with a radius of less than 3 mm, and shall be polished, impregnated and varnished with three layers of environmentally-friendly acrylic varnish suitable for outdoor conditions (attested by a varnish certificate). The joints shall be covered by galvanized metal threaded lining with countersunk heads that cannot be disassembled without the use of a special tool. All other metal parts and components of the equipment are protected against weather conditions by non-toxic coatings.

The slides shall be made of multi-layer fiberglass resistant to UV rays and have the adequate strength required for their use by children of the specific age group. They shall be smooth, easy to be cleaned and shall have no sharp edges and protrusions. The slides shall be accompanied by the required Declaration of Conformity prepared on the basis of the Test Report for compliance with the requirements of EN 71-3 (“Safety of Toys - Migration of Certain Elements”) issued by an accredited laboratory, or the equivalent Ukrainian regulation.

The roofs of the children playhouses shall have wooden structure covered with OSB and bitumen membrane with a colorful slate and corner edges made of wood and aluminum. They shall be designed to withstand the required load of snow, wind and temperatures.

The swings are mounted to the structure through a metal lining with replaceable nylon bearings with high rigidness. The seat shall be suspended through a metal chain; and the suspension shall comply with the specific requirements of EN 1176-2 (or Ukrainian equivalent), evidenced by the quality certificates of the lining and chain. The swing seats shall be made of high density polyethylene. They shall be lightweight and providing low levels of acceleration and low surface pressure, as required by the same standard. The surrounding elements of the young children seats shall be made of aluminum tube with rubber coating to prevent the sliding of the child through the

OHASIS ID 35276 Page 50 of 71 Version: 001 seat frame. The structure of the swing shall be designed and tested for the required static and dynamic loads, as attested by Construction Declaration and in-house Test Reports.

The sports facilities shall be made of aluminum pipes with the required size and strength.

All modules of the equipment, which include cable components, shall be made of special multi-wire rope with a diameter of 16 mm and suitable polyamide mesh. The rope shall be attached by steel plating and aluminum press sleeves (Quality Certificate of the rope and plating to be issued by the manufacturer).

The plywood used in the production features shall maintain the required water resistance and have a three layer acrylic varnish coating with UV protection.

The structural elements shall be produced of steel pipes and plates with the appropriate profiles.

Their technical and operational characteristics shall correspond to the loads required during the operation of the equipment. The equipment structure shall be designed in accordance with the requirements of EN1176-1 (or Ukrainian equivalent) both in terms of the fixed and variable loads depending on the number of users in the certain area and in regards with all requirements of this standard for protection against falls and all types of clamp. The structure shall be certified by a Construction Declaration and in-house Test Reports. All parts shall be covered with a three layer corrosion resistant primer and environmentally-friendly acrylic varnish suitable for outdoor conditions (attested by a varnish certificate). The joints shall be covered by galvanized metal threaded lining.

The rubber parts shall be made of weatherproof neoprene color rubber CR (attested by certificate of the supplier)

Assembly and Formal Acceptance:

The equipment should be mounted on the ground in accordance with the Construction Declaration of the product through concrete foundations with the required dimensions or through anchoring to the existing concrete slab with a thickness at least 10 cm, which is reinforced in the anchoring area.

All as recommended by the manufacturer, who shall certify the correct assembly of all their pieces of playground equipment.

The US Navy shall not pay for any piece of playground equipment until they provide the corresponding certificate by the manufacturer certifying that it has been installed as recommended by them and as required by Ukrainian regulations.

The completed works shall be certified by the Ukrainian pertinent “expertise” authority in order to certify that all works were designed, built, installed and tested as required by Ukrainian regulations.

Payment over 80% of the contract shall not be authorized until this certificate is provided.

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3.26 General condition of areas under the scope of work

Areas under the scope of work inside of the areas delimited by the concrete curbs, which shall be modified as necessary by the new design to allow free movement of wheelchairs.

General view of areas under the scope of work, seen from the second floor of the kindergarten

Entrance to the kindergarten

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Existing paved areas within the areas under the scope of work to be removed and reused to the maximum extend technically possible. The same applies to the playground equipment. The reutilized equipment is in addition to the ones required by this contract, and not “in lieu of”

Existing paved areas within the areas under the scope of work to be removed and reused to the maximum extend technically possible

All concrete manhole covers to be changed or properly embedded into the new paved or graded surfaces. This may require modifications to the existing manholes to raise or lower the covers.

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Potential playground equipment to be reutilized in addition to those described in this document, if in compliance with regulations.

Potential playground equipment to be reutilized in addition to those described in this document, if in compliance with regulations.

Potential playground equipment to be reutilized in addition to those described in this document, if in compliance with regulations.

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Fence and concrete pedestal or parapet to be repaired as part of this contract, where surrounding the areas under the scope of work.

Fences to be repaired

Fence to be repaired where indicated in red. The ones not indicated in red are outside the scope of this contract

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Typical similar plaque provided in a completed project in Bulgaria

3.27 Commemorative Plaque

At the end of the construction works, the contractor shall provide and install 1 commemorative plaque, at the location to be indicated by the Contracting Officer Representative (COR). The plaque shall have the following information engraved on it:

Colored Flag of Ukraine Colored Flag of the United States of America EUCOM logo This text: “The construction of the playground areas was accomplished as a partnership between the people of the United States of America and the people of Ukraine, through the combined efforts of the United States European Command, Office of Defense Cooperation, US Embassy in Ukraine and the Municipality of Lviv – Date”

Same text as above in Ukrainian.

- Minimum thickness 6 millimeters

- Minimum dimensions 75 centimeters wide by 50 centimeters high.

- Resistant to outdoor weather and UV radiation.

- Plaque to be manufactured by specialized company.

- Before purchasing the plaque, the contractor shall submit the design to the Contracting

Officer Representative for approval.

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4 PROCEDURE AND GENERAL CONTRACT REQUIREMENTS AND GUIDELINES

4.1 Principles

This construction contract is based on 3 principles:

- Strict compliance with US Contracting 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.

- Strict compliance with Ukrainian Safety regulations unless the US regulations is more strict and not in conflict with the local safety regulations, in which case, the US Safety regulations shall be applied.

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. Construction shall also comply with applicable codes, ordinances and regulations of Ukrainian governing life/safety, fire protection, building construction, and electrical systems in effect during this contract, except where specifically stated herein. 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.

4.2 Permit/Authorizations before and during construction

The contractor is responsible to coordinate, request, pay for any applicable fee and obtain the required construction permits and authorizations that are required for the works included in this construction contract as required by Ukrainian Law. No work shall commence at the job site until the contractor shows sufficient evidence that they have complied with all legal and administrative requirements of Ukrainian legislation.

The contractor shall show licenses or other verifiable evidence that they are legally authorized to perform the works described in these technical specifications in UKRAINE.

All requirements of Ukrainian legislation in order to execute this construction contract, such as declaration of works, information for commencement of works to local state administration, Fire and Technical Safety, registration of appropriate inspection declaration, obtaining the written consent of the owner of the facility, etc, are part of this design and construction contract.

The contractor is required to comply with all laws and regulations in effect in Ukraine and to provide evidence of such compliance at the request of the COR or the beneficiary representative.

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4.3 Start of Construction

The Project Manager (PM) or Contracting Officer Representative shall authorize the start of construction. This authorization to start will not be given until the contractor:

- Provides written evidence that they comply with all legal requirements in Ukraine in order to perform the works described in these PTS.

- Provides copy of the required permits or authorizations from the competent Ukrainian authority authorizing the execution of the works

- 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 Accident Prevention Plan. See the guidelines for preparation of the APP attached to the solicitation package.

- 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)

4.4 Design-Build Procedure

A design-build contract means that the contractor is responsible not only to perform the works described in this document, but to prepare all necessary additional designs and technical projects.

All designs shall include the items of work described in this document, as well as those items of work not included in this document, but required by Ukrainian regulations in order to have perfectly operational and functional playground area for kindergarten and for children with special needs.

This contract includes the preparation of the required designs, technical projects, surveys, permits, certifications as well as any required coordination with local authorities. The contract also includes processing and paying for any potential fees that may be required in order to obtain the required Construction Permits or authorizations.

All designs and the completed works shall be verified by the corresponding and pertinent Ukrainian “expertise” to verify compliance with applicable regulations.

The contractor shall visit and inspect the work site prior to submission of their offer to the US Government. The contractor may consult with the beneficiaries if any information of the site conditions is necessary, in coordination with the representative and Project Manager from the United States Office of Defense Cooperation in Kyiv: Ms. Lyudmyla Kyryrenko lyudmyla.v.kyrylenko.ln@mail.mil, who is also be responsible to coordinate the site visits.

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4.5 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.

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

4.6 Construction/Design Schedule and Contractual Milestones

Perform all work within 400 calendar days after contract award. Provide a bar chart with a minimum of 20 activities

In addition to the contractual requirement to complete all construction works within the 360 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 signs 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 Ukrainian regulations, with minimum of 2 year.

4.7 Construction Schedule (bar chart is authorized)

Perform all work within 400 calendar days after contract award. Within 45 days after contract award, the contractor shall provide a construction schedule including a minimum of 20 activities.

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Example of adequate construction fences in a NAVFAC project in Bulgaria which shall be installed in the kindergarten yard

4.8 SAFETY: Accident Prevention Plan

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

WORKERS AND CHILDREN AND PERSONNEL AT THE SITE SHALL TAKE PRECEDENCE

OVER ANY OTHER FACTOR.

SEPARATE ALL WORK AREAS FROM THE REST OF THE KINDERGARTEN BY MEANS OF

SOLID METAL FENCES

The contractor shall use the format or guidelines included in the solicitation package to prepare the Safety Plan or Accident Prevention Plan

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.

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

OHASIS ID 35276 Page 60 of 71 Version: 001 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 the Ukrainian Safety Law.

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

COR.

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/

- In accordance with previous safety paragraphs, the contractor shall provide an accepted copy of their Accident Prevention Plan before any work is authorized to start.

- 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 operational areas of the building.

- 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.

- Within the context of his responsibilities, the contractor shall take the necessary actions to protect the safety and health of the employees,…