N3319121R0050 ME Two Schools - Attach 1 - PTS.pdf

DESIGN BUILD RENOVATIONS TO BIJELO POLJE SCHOOL (ID-39020) AND

PLJEVLJA SCHOOL (ID-39018), MONTENEGRO

Version: 001

EUCOM Humanitarian Assistance Program

DESIGN/BUILD RENOVATIONS TO:

BIJELO POLJE SCHOOL

PLJEVLJA SCHOOL

Bijelo Polje, Montenegro (43°02'05.4"N 19°44'30.1"E)

OHASIS MJ-HA-2020-00039020

Pljevlja, Montenegro (43°21'24.2"N 19°21'38.9"E)

OHASIS MJ-HA-2020-00039018

Jan 2021

Contents

1. GENERAL REQUIREMENTS

1.1. TAXATION

1.2. GENERAL LEGAL REQUIREMENTS AND REPRESENTATION

1.3 CONSTRUCTION STANDARDS

1.4 GENERAL DESIGN/BUILD CONTRACT DESCRIPTION

1.5 DESIGN-BUILD PROCEDURE WITH PROVIDED PRELIMINARY DESIGN

1.6 OMISSIONS FROM THE PROJECT SPECIFICATIONS

1.7 CONSTRUCTION PERMIT OR AUTHORIZATION – CONSTRUCTION PERMIT

1.8 MEASUREMENTS AND QUANTITIES

1.9 PROHIBITED ITEMS

1.10 START OF CONSTRUCTION

1.11 RESPONSIBILITY FOR NEW MATERIALS

1.12 CONSTRUCTION/DESIGN SCHEDULE AND CONTRACTUAL MILESTONES

1.13 CONSTRUCTION SCHEDULE (BAR CHART IS AUTHORIZED)

1.14 SAFETY: ACCIDENT PREVENTION PLAN

1.15 COORDINATION - PHASING

1.16 RESPONSIBILITY AND OWNERSHIP OF REMOVED MATERIALS

1.17 SPECIAL SITE CONDITIONS

1.19 SUBMITTALS – TECHNICAL INFORMATION

1.20 DELIVERABLE

1.21 PICTURES

1.22 CERTIFICATIONS, LICENSES, PERMITS, FEES, ETC

1.23 QUALITY CONTROL AND QUALITY CONTROL PLAN

1.24 CONSTRUCTION SIGN (2 UNITS)

1.25 PAYMENT – USING WAWF IS REQUIRED

1.26 SCHEDULE OF PRICES

1.27 UTILITIES

1.28 DAMAGES/IMPACT TO EXISTING FACILITIES

1.29 CLEANING

1.30 SPARE PARTS AND MATERIALS

1.31 WARRANTY AND TRAINING

1.32 CLOSE-OUT PROCEDURE

2 STATEMENT OF WORK

2.1 LOCATION OF PROJECTS

2.1.1 LOCATION OF PROJECT IN BIJELO POLJE

2.1.2 LOCATION OF PROJECT IN PLJEVLJA

2.2 GENERAL SCOPE OF WORK

2.3 SCOPE OF WORK FOR BIJELO POLJE SCHOOL (MARKO MILJANOV SCHOOL): . 29

2.3.1 NEW ROOF, GUTTERS AND DOWNSPOUTS

2.3.2 RECONSTRUCTION OF BATHROOM IN GF

2.3.3 RECONSTRUCTION OF TEACHER’S BATHROOM

2.3.4 RECONSTRUCTION OF INTERIOR DOORS

2.3.5 Commemorative Plaque

2.4 SCOPE OF WORK FOR PLJEVLJA SCHOOL

2.4.1 REPLACEMENT OF EXTERIOR FAÇADE OPENINGS

2.4.2 RECONSTRUCTION OF GYM AUXILIARY ROOMS

2.4.3 RECONSTRUCTION OF TEACHERS BATHROOMS

2.4.4 REPLACEMENT OF ENTIRE HEATING SYSTEM

2.4.5 COMMEMORATIVE PLAQUE

ANNEX 1

ANNEX 2

ANNEX 3

1. GENERAL REQUIREMENTS

1.1. Taxation

In accordance with Paragraph 12 of Article 25 of Montenegro Law on Value Added Tax published in the "Official Gazette of RM" No. 16/07, and in accordance with US Embassy contracting, this project is exempt from VAT. The contractor shall comply with all requirements of the Montenegrin regulations regarding the tax exemption, for the project to be exempt from VAT tax.

The US Government will not pay VAT. Prices to be submitted to the US Government are all exempt from VAT. NAVFAC is not responsible for any mistakes or erroneous assumptions of the tax exemption process that applies to this project. The contractor is responsible for the correct implementation of the tax exemption process.

1.2. General Legal Requirements and Representation

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

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

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

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

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

The project execution is based on the following principles:

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

- Strict compliance with Montenegro technical and legal regulations, with special emphasis on the specific technical regulations regarding the design, renovation and construction of schools and other education facilities in Montenegro.

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

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

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

The contractor shall hire the services of licensed architects/engineers in Montenegro to prepare the necessary designs and technical projects which are required for the scope of work included in this document. It must be noted that the US Government has provided the preliminary technical projects for the work included in the 2 schools. However, it is the contractor’s responsibility to hire the services of a licensed architect in Montenegro to use this information to prepare a new technical project with the same scope of work. Alternatively, the contractor can take ownership and responsibility for the available preliminary designs. However, in this case, the contractor would be responsible to complete the designs in order to prepare all necessary technical documents and projects required by Montenegro regulations for the required scope of work.

The contractor shall provide the final work as a complete and usable facility, including all items which are required by Montenegro 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 facilities shall be considered part of this contract.

1.3 Construction Standards

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 Montenegro 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 Montenegrin codes, ordinances and regulations will be removed and reinstalled at Contractor’s expense.

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

1.4 General Design/Build Contract Description

This is a DESIGN-BUILD contract in which the US Government already has the preliminary technical projects (one for each school). This Performance Technical Specifications (PTS) includes a description of the required finished work. This means that the contractor is responsible to:

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

- Obtain NAVFAC’s acceptance of the designs and the approval of the beneficiary and all pertinent and competent Montenegro authorities, including the Ministry of Education of Montenegro and the corresponding municipal government.

- Obtain required formal technical approvals from competent and required Montenegro authorities, including the necessary expert review by third-party company and/or “technical expertise” as required by Montenegro regulations (monitoring company) for the scope of work included in this contract, which shall be paid by the contractor in the terms to be agreed with the Ministry of Education.

- Execute the construction/renovation works

- Obtain the acceptance of NAVFAC and the partial and final approvals by the competent and required Montenegrin authorities and third party experts (monitoring company) for the executed construction works.

The contract includes all necessary items of work in order for the renovated areas to be certified in compliance with latest Montenegro standards and regulations for education facilities, with the additional features and elements described in this document.

The design shall be prepared in compliance with applicable construction codes, urban planning and construction practices in Montenegro and in the Municipalities of Pljevlja and Bijelo Polje.

The contractor shall hire the services of a licensed architect to design all works with all items described in this document. For those items of work which do not require a formal Construction Permit or design, the licensed architect shall prepare and submit for acceptance the necessary drawings and/or sketches to formalize and explain to the beneficiary and to the Contracting Officer Representative the works that they are proposing to perform.

All works to be executed as required by Montenegro regulations, with the required foreman licensed in Montenegro, and technical supervision and monitoring licensed in Montenegro.

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

The contractor’s final designs and sketches shall be signed, stamped and certified by a licensed architect in Montenegro. The level of detail of the design (extent of specifications, number and size of drawings, calculations, etc.) shall be sufficient to verify the compliance with the requirements of this contract and as required by the regulations of Montenegro and the different agencies involved in the process.

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

1.5 Design-Build Procedure with Provided Preliminary Design

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 designs and technical projects. However, this document includes preliminary designs in annexes 2 and 3. Consequently, the contractor has two alternatives:

- Alternative 1: Hire a Montenegro licensed/certified architect/engineer to extract the scope of work of the preliminary designs and prepare a new technical project, as necessary to request the formal authority to start works (Construction Permit) and to get formal acceptance of the works once they are completed.

- Alternative 2: Hire a Montenegro licensed/certified architect/engineer to certify and take ownership of the available design, including assuming responsibility for any omission, mistake or error in these drawings. In this case, the contractor’s licensed architect/engineer shall complete the design as necessary and required by Montenegro regulations.

For any alternative chosen by the contractor, the US Government is not responsible for any mistakes, omissions or errors in the available technical projects. This is a design-build contract in which the US Government provides description of the required completed/renovated facility, and the contractor is responsible to make any necessary designs required for such item of work. This document is a Performance Technical Specifications (PTS) for a Design-Build project.

The contract execution requires performing the works as described in this PTS and the technical projects included in Annexes 2 and 3. The Annexes are the design prepared by the design company hired by the beneficiary (Ministry of Education) and they are included in to describe the scope of work of this contract. However, this document includes additional technical requirements to those included in the attached technical projects. This contract includes the work described in the attached technical projects plus the additional works and requirements described herein.

The contractor shall hire the services of a licensed architect/engineer in Montenegro to prepare the new complete technical projects with the same requirements as the technical projects included in Annexes 2 and 3 plus the additional notes contained herein, or the contractor can accept and execute the works as described in the technical projects included in Annex 2 and 3 plus the additional requirements described in this document, after they verify compliance with Montenegrin regulations.

The contractor is responsible to review and modify and amend and extend, if necessary, the available technical project, in order to verify that it complies with the latest Montenegrin regulations. If the available technical project complies 100% with all applicable Montenegrin regulations, the contractor can utilize the technical projects included in the Annexes, with the notes and exceptions and additional requirements described in this Performance Technical Specifications (PTS) document.

The contractor shall be responsible, and it shall be part of their contract, to perform all works included in their designs. All designs shall include the items of work included in this document, as well as those items of work not included in this document, but required by Montenegro regulations in order to have perfectly operational and functional facilities.

The contractor is responsible to verify site conditions and to prepare all necessary inspections and reports before preparing the design and technical projects. The contractor shall visit and inspect the work site prior to submission of their offer to the US Government. The contractor may consult with the Ministry of Education of Montenegro 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 Podgorica:

Marijana Vukovic Mil2Mil Program Assistant Office of Defense Cooperation US Embassy Montenegro Office: +382 20 248 545 marijana.vukovic.ln@mail.mil

Ms. Vukovic is also be responsible to coordinate the necessary site visits.

Once the final design is prepared, it shall be accepted by the COR before the contractor sends it to the local authorities to obtain the corresponding Construction Permit. The accepted final design will be incorporated into the contract.

1.6 Omissions from the Project Specifications

The design shall be based upon the requirements described in this document, including the Annex 2 and Annex 3. If any work is not specified in these documents, but it is required for the formal acceptance of the renovated, improved or rebuilt areas and/or works, the contractor shall consider this installation to be part of this design-build contract, and they shall use commercial grade materials and equipment in compliance with Montenegro Code and common construction practice.

The work shall meet all requirements of this Request for Proposal (RFP) package. Drawings to be as required in this RFP and with sufficient detail to communicate the design to the US Government, Montenegro authorities, final beneficiary, contractor’s staff and sub-contractors.

Material selection, specifications and installation to be as described in these Performance Technical Specifications (PTS) and in strict compliance with Montenegro regulations. The PTS are a guideline for the design package. If an item in the project design is included in this PTS, the requirements of the PTS and applicable local codes shall govern. If an item in the project design is NOT included in the PTS, the requirements of applicable local codes shall apply.

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

The beneficiary (Municipality of Education of Montenegro) will participate in the development of the design and construction, and their expertise and deep knowledge of the requirements shall be considered during the design stage. However, they shall be limited by the requirements of these technical specifications.

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

1.7 Construction Permit or Authorization – Construction Permit

The contractor shall obtain formal written authorization from the competent Montenegrin authority to perform the works included in the scope of work of this project.

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 Montenegro 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 Montenegro 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 Montenegro for any renovation works in public schools.

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

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

1.8 Measurements and Quantities

This contract complies with the US Federal Acquisition Regulations, and as such, measurements and quantities of materials and work provided in this document and the annexes are provided for reference only. The contractor is responsible to verify on site any quantities provided as part of this design-build contract. The contractor needs to visit the job site in order to perform the necessary measurements and to observe the existing field conditions in order to prepare their cost proposal.

The contractor shall coordinate this necessary site visit with Ms. Vukovic.

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

1.9 Prohibited Items

Use of the following items in this construction project is prohibited:

- Use of aluminum for electrical conductors.

- Embedding aluminum conduit in concrete.

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

- Use of incandescent lighting

- Use of urea-formaldehyde foam insulation products.

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

- The use of materials containing asbestos is prohibited.

1.10 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 Montenegro in order to perform the works described in these PTS.

- Provides copy of the required permits or authorizations from the competent Montenegro 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 which shall be prepared following the guidelines and requirements of US regulation (EM385-1-1). A sample format shall be provided to the contractor after award of the contract.

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

- The Contracting Officer Representative accept their Construction Schedule

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

1.11 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.

1.12 Construction/Design Schedule and Contractual Milestones

Perform all work within 700 calendar days after contract award. Provide a bar chart with a minimum of 50 activities. Indicate planned start and completion dates for design and construction.

In addition to the contractual requirement to complete all construction works within the 700 calendar days after award of the contract, the contractor shall comply with the following required milestones. Failure to comply with these milestones will be objective basis for invoice retention or further contractual action by the Contracting Officer.

Tax exemption information: Coordinate with the US Embassy representative within 14 days after contract award date

Construction sign Install within 45 days after contract award.

Text and design to be approved by US Embassy in Podgorica.

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 Montenegro regulations, with minimum of 1 year for all the works. Warranty starts the day after all works are accepted by the Contracting Officer.

1.13 Construction Schedule (bar chart is authorized)

Perform all work within 700 calendar days after contract award. Within 45 days after contract award, the contractor shall provide a construction schedule including a minimum of 50 activities, and clearly defining the different phases.

1.14 SAFETY: Accident Prevention Plan

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

CHILDREN, WORKERS AND PERSONNEL AT THE SITE SHALL TAKE PRECEDENCE

OVER ANY OTHER FACTOR.

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

Upon request and after award, the COR can provide to the contractor the format or guidelines that can be used for the preparation of the required Accident Prevention Plan. No work shall start at the job site until the Accident Prevention Plan is received and accepted by the COR.

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

Execution of this construction contract requires compliance with Montenegrin 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 Montenegro 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 Montenegro 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 areas of the installation.

- The contractor is responsible to comply with Montenegro Safety Code. All costs of compliance with safety and with Montenegro 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, including the prevention of occupational risks, information and training measures, and measures for the organization of the health and safety at work and its necessary means as required by Montenegrin Code. The following general prevention principles shall be taken into account for the adoption and implementation of the measures provided above:

a. avoiding risks;

b. evaluating the risks which cannot be avoided;

c. combating the risks at the source;

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

e. adapting to technical progress;

f. replacing the dangerous by the non-dangerous;

g. prevention planning;

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

i. giving appropriate instructions to the employees.

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

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

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

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

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

- The Contractor shall provide and maintain in working order during the entire construction period, such fire protective equipment and devices as required by applicable safety standards and as deemed necessary and suitable for any possible class or type of fires.

Extinguishers shall be non-freeze type of not less than ten pound (5KG) capacity each.

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

- Contractor shall acquaint themselves with the location of utilities, which may be encountered or be affected by work, and shall be responsible for damage caused by neglect to provide proper precautions or protection. If needed, the contractor shall contact any local authorities or utility companies to locate any utility service, (and pay for their services if needed).

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

- Special precautions shall be taken to maintain the area around the facility clean in order to be used by the children of the schools. The contractor must take into consideration that the schools will remain fully operational at all times during the project execution.

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

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

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

1.15 Coordination - Phasing

All works shall be closely coordinated with the beneficiary on a daily basis. All coordination with the beneficiary (schools, Municipality or Ministry of Education) shall be the responsibility of the contractor. The Contracting Officer shall be notified of any disputes between agencies or approvals that will affect Contract duration or Contract Price.

For estimating purposes, the contractor shall assume that no more than 3 classrooms per school can be out of service at the same time. This applies to the installation of heating system or for windows and doors. If for example the contractor needs to replace the windows on 4 classrooms, and they have started with classrooms 1, 2 and 3, they will not be able to start working on classrooms 4 until one of the classrooms 1, 2 or 3 are completed, including the finishes and cleaning.

All works are to be performed in operational schools during operational periods. The contractor will execute their works in order to minimize disruption to the normal operations of the schools. This will require performing some works during weekends or after normal working hours.

The contractor is responsible to provide the manpower to move any existing furniture and equipment and installations that may interfere with their work and to move them from the areas to be renovated to a location to be provided by the beneficiary, within the school building. The contractor is not responsible in case something is damaged or broken during the transportation. If something is too delicate or fragile, the beneficiary shall move it themselves or assume responsibility in case it is damaged by the contractor. Once the works are completed, the contractor is responsible to make everything back to its original location. The contractor is not responsible for cleaning equipment or furniture to be moved.

1.16 Responsibility and Ownership of Removed Materials

All refuse or salvaged materials are the property of the beneficiary (School Administration), and therefore they shall be moved to a location within the plot of land of the corresponding school. Prior to moving them to the location to be indicated by the beneficiary, they shall be properly cleaned.

The contractor shall not be held responsible in case something is damaged or broken during its removal or transportation. This applies to elements such as the old doors, windows, piping of lighting fixtures.

Those elements that are not requested by the beneficiary shall become the property of the Contractor and shall be disposed of, off-site, in accordance with applicable Montenegro regulations.

The Contracting Officer Representative may ask for receipts of proper disposal of debris, or excess materials.

In summary, everything to the removed belongs to the beneficiary unless otherwise indicated by the beneficiary.

1.17 Special Site Conditions

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

1.18 Language

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

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

For the visits of the Contracting Officer, the PM or their authorized representative to the job site, the contractor shall provide somebody capable of representing the construction company who can communicate in English language or the contractor shall provide a translator to translate from English to local languages.

1.19 Submittals – Technical Information

The contractor shall provide technical information on all materials and equipment to be incorporated to the job site. This information must be sent to and accepted by the COR before they are purchased by the contractor. Any material or equipment utilized at the job site that is not approved by the representative of the Contracting Officer and that if found not to comply with the requirements of this contract (or Montenegrin Legislation) shall be removed at no cost to the US Government.

1.20 Deliverable

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

Administrative deliverables:

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

Technical deliverables shall include

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

1.21 Pictures

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

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

1.22 Certifications, Licenses, Permits, Fees, etc.

The contractor shall be legally capable of performing construction and design works in Montenegro, as required by Montenegro regulations. The contractor shall possess the necessary licenses and authorizations in order to be able to perform the design and construction activities described in this document in strict compliance with Montenegrin legislation.

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

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

Coordinate all permit requirements with the competent local authorities or with the COR as required. Submit all completed permit application material, and associated back-up material, required to operate facilities, to the Contracting Officer for approval prior to agency submission.

Contractor shall be responsible for complying with environmental laws, regulations and requirements.

1.23 Quality Control and Quality Control Plan

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

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

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

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

In Annex 1, it is included a guideline to prepare the Quality Control Plan.

Example of typical required construction sign

1.24 Construction Sign (2 units)

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

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

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

- Flags of Montenegro and the United States of America. EUCOM and NAVFAC logo.

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

STATES EUROPEAN COMMAND AND PROVIDED TO THE PEOPLE OF ….

EXECUTIVE AGENT: US EMBASSY IN MONTENEGRO. CUSTOMER: US NAVAL

FACILITIES ENGINEERING COMMAND. PRIME CONTRACTOR:?

- Start and completion dates.

- Same text in Montenegrin.

The contractor shall provide the design of the Construction Sign for approval before the signs are manufactured. This design shall be approved by US Embassy representative via NAVFAC.

1.25 Payment – Using WAWF is required

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

** NO ADVANCE PAYMENT IS AUTHORIZED **

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

- Partial monthly payments as agreed with the Contracting Officer Representative, and in accordance with the Schedule of Prices as described in section 7.22. For design, maximum of 5% authorized of the elements included in the particular design, which can only be authorized for payment when they are accompanied by the corresponding construction permit or authority to do the works included in the design.

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

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

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

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

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

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

4. Updated copy of submittal register.

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

Construction Contracts."

6. Contractor Safety Self Evaluation Checklist (original)

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

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

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

1.26 Schedule of Prices

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

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

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

The Schedule of Prices shall clearly separate the Contract Line Item Numbers (CLIN’s) and therefore the Schedule of Prices shall have 2 separate and independent parts, one for each school.

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

1.27 Utilities

The contractor shall estimate that they will need to provide all required utilities for the construction phase of the project.

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

The contractor cannot use any utilities from the schools.

The contractor is responsible to provide their own sanitation facilities for the workers.

1.28 Damages/Impact to Existing Facilities

The contractor is responsible to repair any damage or impact caused by their construction activities to any premises. This includes potential damages such as:

- Damages to the roads

- Damages or disturbances to any soils around the job site.

- Damages to areas of the schools outside the scope of work, as for example the access stairways.

- Damages to any utility infrastructure, such as electrical cables, water lines or communications cables.

The contractor shall prepare a picture report of areas of the school not under the scope of work (minimum 100 high resolution pictures)…