N3319122R4004 Attach 1 - PTS.pdf

Asbestos Abatement Mykolaiv, Ukraine

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CONSTRUCTION

Asbestos Abatement, VMF site

26 January 2022

Table of Contents

1. PROJECT OVERVIEW

1.1. PROJECT LOCATION

1.2. CONSTRUCTION CONTRACT

2. GENERAL SCOPE OF WORK

2.1. GENERAL SITE/CIVIL SCOPE OF WORK

2.2 BASE ACESS

3. DETAILED SCOPE OF WORK

3.1. DETAILED SITE/CIVIL SCOPE OF WORK

3.2. TRANSLATION

3.3. MATERIAL HANDLING SERVICES

4. ADMINISTRATIVE REQUIREMENTS

4.1 TAXATION

4.2 LEGAL AND ADMINISTRATIVE REQUIREMENTS

4.2.1 CONTRACT COMPLIANCE

4.2.2 RESPONSIBIITY FOR FEES

4.2.3 REQUIREMENTS FOR THIRD-PARTY SERVICES

4.2.4 PERIOD OF PERFORMANCE

4.3 OMISSIONS FROM SPECIFICATIONS

4.4 AUTHORITY TO MAKE CONTRACT CHANGES

4.5 MEASUREMENTS AND QUANTITIES

4.6 ASUMPTION OF SITE CONDITIONS

4.7 SCHEDULE OF VALUES

4.8 PAYMENT

4.9 SAFETY REQUIREMENTS

4.10 QUALITY CONTROL PLAN

4.11 CONTRACT CLOSE-OUT REQUIREMENTS

ANNEX 1 VALIDATION REPORT AND CALCULATIONS

1. PROJECT OVERVIEW

This Project includes the full scope of excavation for soil and asbestos removal on the Vehicle Maintenance Facility construction site, located on the Ukrainian Military Base in Mykolaiv. The contractor is expected to complete the excavation within the building footprint, and excavation of the

(3) utility trenches and oil/water separator. The total excavation required for the project is roughly 855 Cubic Meters. All excavated soils and all ACM/PACM within the soil shall be removed from the site and disposed of offsite in accordance with local laws and environmental regulations, with a maximum period of performance of 45 calendar days after award of the contract.

1.1 PROJECT LOCATION

The Contractor shall conduct a pre-bid site visit to verify existing conditions prior to submission of their offer to the US Government. The Contractor may consult with the Ukrainian Ministry of Defense if additional information concerning site conditions is required. The Contractor shall coordinate their site visit and any request for information regarding site conditions with the Liaison Officer (LNO) or other representative from the United States Office of Defense Cooperation in Kyiv:

Primary: LT Nicolas Gonzalez Nicolas.A.Gonzalez1@navy.mil Alternate: Mr. Alexandr Cerchez alexandr.cerchez.ln@mail.mil

Contracting Officer Representative (COR): Donna Covington Donna.Covington@EU.Navy.mil

Mykolaiv Military Base A2802

GPS: 47.0138308, 31.9909798

mailto:alexandr.cerchez.ln@mail.mil

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1.2 CONSTRUCTION CONTRACT

The method of completion for this project is a Construction Contract. The Contractor is responsible for the excavation and removal of the soil/ asbestos while completing the excavation for the future Vehicle Maintenance Facility. The US Government shall provide requirements, Excavation Validation Package, and the Validation Report and Calculations.

The Contractor is responsible for acquiring all necessary approvals and permits from the competent Ukrainian authorities, as required by Ukrainian Law. The NAVFAC Contracting Officer shall issue a Notice-to-Proceed, authorizing the Contractor to begin construction works. The Notice-to-Proceed shall only be issued once the Contractor provides a copy of the construction permit and other approval documentation required by the relevant Ukrainian authorities.

All work required under this contract shall meet the laws, regulations, and codes of the Government of Ukraine. The US Government shall not be responsible for authorizing nor approving any construction works.

The Contractor is required to comply with all construction laws, codes, and regulations of the Government of Ukraine and the local municipality.

The Contractor shall coordinate all construction works with the local Ukraine Ministry of Defense beneficiary. The construction site is located on an Ukrainian Military Installation. The Contractor shall comply with specific restrictions regarding construction on the Ukrainian Military site.

2. 2. GENERAL SCOPE OF WORK

2.1. GENERAL SITE/CIVIL SCOPE OF WORK

The contractor shall provide excavation and asbestos removal services in order to allow for construction to continue of the vehicle maintenance facility.

The contractor will be responsible for the full scope of excavation for soil and asbestos removal in accordance with local laws and environmental regulations. The contractor is expected to provide all heavy equipment and operators necessary to perform excavation as well as personnel and protective equipment for the proper extraction and removal of asbestos containing material (ACM) on site. There should be no expectation from the contractor that the Naval construction crew aid or assist in the removal of any actual or presumed asbestos containing material (PACM) at any point during this contract.

The excavation that is expected within the building footprint is approximately 160 Cubic Meters of existing soil. Excavation for the (3) utilities trenches is approximately 695 Cubic Meters. The total excavation required for the project is roughly 855 Cubic Meters. All excavated soils and all ACM/PACM within the soil shall be removed from the site and disposed of offsite in accordance with local laws and environmental regulations. ACM is limited to pieces of material identified in asbestos testing results

Version: 005 provided SEPCOR. Follow on air quality testing in accordance with Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) standards, with results documented in English, shall be provided following asbestos abatement completion.

2.2. BASE ACCESS

The Ukrainian Military controls access and authorization of vendors to the base. In advance of arrival, the vendor must be vetted and cleared to enter the compound in order to conduct the excavation and asbestos removal along the path for the building’s futures utilities. The contractor will be responsible for coordinating with the Detail Officer in Charge (OIC) and the base Liaison Officers to gain entry without issues to various locations of the installation. The primary excavation location will be adjacent to the compound located in the vicinity of Mykolaiv; grid coordinates and exact location can be provided by Detail Officer in Charge.

3. DETAILED SCOPE OF WORK

3.1. DETAILED SITE/CIVIL SCOPE OF WORK

Excavation shall be separated into two parts:

3.1.1. Part (1) will consist of all excavation required on the Vehicle Maintenance Facility project site shown SEPCOR, to include the building footprint, excavation required for the facility’s oil/water separator, and utilities trenches up to stub up locations.

3.1.2. Part (2) will consist of all excavation that occurs outside of the Vehicle Maintenance Facility project site to include utility trenches from the site to their final hook up locations. Part (2) will be coordinated and scheduled through the OIC, the Host Nation Installation point of contact, and the contractor at the time of utility installation on the project schedule.

3.2. TRANSLATION

Contractor and Detail OIC are responsible for providing and acquiring English Translation of the quote for the products provided. This should include amounts in both Ukrainian Hryvnia (UAH) and U.S.

Dollars (USD) as well as the total amount with Value-Added Tax (VAT) per the current going rate. Fuel rates should be standard and should not be inflated in any way.

3.3 MATERIAL HANDLING SERVICES

Contractor shall provide equipment and qualified equipment operator(s) for the excavations and removal of the material.

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4. ADMINISTRATIVE REQUIREMENTS

4.1. TAXATION

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.

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.

Paragraph 197.11 of the Tax Code of Ukraine, also refers to tax exemptions for International technical aid projects.

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.

Costs due to the Contractor’s failure to obtain tax-free status shall not be paid by the United States Government.

4.2. LEGAL AND ADMINISTRATIVE REQUIREMENTS

The Contractor shall be familiar will the laws, regulations, and codes governing the construction of facilities in Ukraine. The Contractor shall also be familiar with requirements governing contracts with the United States Government.

4.2.1. Contract Compliance

The following is a representative list of requirements the Contractor shall comply with. United States Federal Acquisition Regulations.

- Contracting Requirement of the US Navy and US Naval Facilities Engineering Command

(NAVFAC)

- Government of Ukraine Laws, Regulations and Codes

- Ukraine Ministry of Defense requirements related to operations and construction on their military sites

- United States Army Corps of Engineers Safety and Health Manual (EM 385-1-1)

- Administrative requirements detailed in this Contract

- Technical Requirements detailed in this Performance Technical Specification

4.2.2. Responsibility for Fees

The Contractor shall be responsible for paying all fees required for successful completion of this project.

This includes, but is not limited to:

- Fees required by the Government of Ukraine

- Fees required by the local municipality

- Fees for the application for construction approval

- Fees for the application of tax-free status

- Fees for disposal of waste or materials

- Fees for inspections

- Fees for utility connections

The United States Government shall not pay for any fees related to this contract.

4.2.3. Period of Performance (45 calendar days)

The contractor shall complete all works, including official acceptance, within 45 calendar days after the date of award of the contract. The official contract completion date (CCD) shall be established 45 calendar days after the date on which the contract is awarded.

The US Government shall assess liquidated damages to the contractor for each day after the official CCD while the facility is not officially accepted.

4.3. OMISSIONS FROM SPECIFICATIONS

The Design and Construction of this project require compliance with all specifications detailed in the Contract and this Performance Technical Specification. The Contractor is responsible for all items of work necessary to completely dig out the foundation and prepare the ground around it for the new VMF. This includes all work, regardless of whether it is contained in this Performance Technical Specification.

The Contractor shall assume all costs related to any of this work necessary, including any omissions from these specifications.

All technical details or items of work that are not explicitly described in this RFP, but which are necessary shall be considered a part of this contract.

4.4. AUTHORITY TO MAKE CONTRACT CHANGES

The only person authorized to make changes to the Contract is the NAVFAC Contracting Officer. The Contractor shall make no changes without the express written authority of the NAVFAC Contracting Officer.

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The Contractor required to meet all requirements detailed in this Performance Technical Specification and is authorized to supplement the requirements provided in this Performance Technical Specification in order to complete the job. The Contractor shall provide all items of work necessary to comply with Ukraine and local municipality requirements.

The Contractor shall not make any changes that would affect compliance with the Contract. The Contractor shall not make any changes requested by the beneficiary that are not included in this Contract. If the Contractor receives requests outside of Contract requirements, they shall immediately notify the Contracting Officer Representative.

The Contractor shall not provide any improvements that are not included in the Contract. The Contractor shall only provide what is detailed in this Contract and what is required by Ukraine laws, regulations, and codes.

4.5. MEASUREMENTS AND QUANTITES

This Performance Technical Specification does not provide exact measurements or quantities. This document lists the requirements of the Contract.

The Contractor shall conduct a pre-bid site visit in order to document existing conditions and collect all information necessary for their bid.

The Contractor shall be familiar with administrative and technical requirements for construction work in Mykolaiv, Ukraine.

The US Government shall not be responsible for errors or omissions in the Contractor’s measurements or assumptions of field conditions.

4.6. ASSUMPTION OF SITE CONDITIONS

The Contractor should be familiar with typical geotechnical conditions in the local area. In order to provide a reasonable offer to the US Government, the Contractor shall assume that geotechnical conditions at the site are the worst possible.

Existing utility services, including water, electricity, sewer, gas, telecommunications and any other utility must remain operational for all other buildings at the site throughout the construction timeframe. The Contractor shall coordinate with beneficiaries for any necessary utility outages.

The Contractor shall assume that they will need to provide their own utilities required for construction works. This may include the installation and operation of a temporary power generator. Contractor shall coordinate with the beneficiary for any shared use of existing utilities. If permitted to share utility services by the beneficiary, the Contractor shall install usage meters for those utilities and pay the associated costs.

The US Government shall not be responsible for costs incurred by the Contractor that could have been reasonably expected to construct a complete and meeting all requirements of this Contract and Ukraine laws, regulations and codes.

4.7. SCHEDULE OF PRICES.

Only elements of work that are tangible and incorporated in the finished project shall be authorized.

The value of all items shall be properly distributed. Front-end loading of the Schedule of Prices is not authorized.

No payment shall be made for any items of work not included in the Contract.

4.8. PAYMENT

Payments to the Contractor shall follow requirements of US Federal Acquisition Regulations, the US Navy, and NAVFAC. See relevant Contract Clauses pertinent to Payment Procedures.

Note: NO ADVANCE PAYMENT IS AUTHORIZED

Payment shall be processed for completed work only. Payment shall be processed according to the Contractor’s Schedule of Prices and the following:

- Partial monthly payments as agreed with the CONTRACTING OFFICER REPRESENTATIVE, and in accordance with the Schedule of Prices as described in section 5.6.

- 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.

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

For each invoice submission, the Contractor shall provide:

- Official invoice

- Current Schedule of Prices that accurately reflects work completed and invoiced for

- Contractor’s Safety Self Evaluation Form correctly filled out

- Invoice Statement: With this text signed by a responsible person from the company (ideally the one that signed the contract):

I hereby certify, to the best of my knowledge and belief, that:

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and legal requirements of Ukraine;

(3) This request for progress payments does not include any amounts which the prime Contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

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(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

Invoices shall only be approved for work that has been verified as completed. Work completed must be verified by the Contracting Officer Representative during a site visit or proven to be completed by the Contractor through the submission of a progress report with photographic evidence. The US Government reserves the right to request on-site validation of work completed either by the beneficiary or Ukrainian personnel.

4.9. SAFETY REQUIREMENTS

The Contractor shall provide a safe working environment at all times. All personnel at the site shall trained in proper safety procedures and must wear proper Personal Protective Equipment (PPE). This applies to all personnel on site, whether they are an employed by the Contractor directly, through Subcontractors, or are visitors.

SAFETY SHALL BE THE FIRST PRIORITY OF THE CONTRACTOR. SAFETY OF ALL PERSONNEL AT THE SITE

SHALL TAKE PRECEDENCE AT ALL TIMES AND OVER ANY OTHER FACTOR.

The Contractor shall follow the following guidance concerning safety:

- Avoid all unnecessary risks

- Evaluate risks that cannot be avoided

- Combat the risks at the source

- Adapt work to the individual, specifically with respect to the design of the workplace, the method of work being done, type of equipment used.

- Care should be taken to alleviate monotonous and repetitive work.

- Apply current technology and best practices

- Apply preventive measures through proper planning

- Provide adequate safety training to all employees and employees of subcontractors

4.9.1. Safety Regulations

The Contractor is required to adhere to all Ukraine Safety Regulations and the United States Army Corps of Engineers Safety and Health Manual, or EM-385-1-1. The USACE EM-385-1-1 can be downloaded here:

https://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-manual/

If there are conflicts between the EM 385-1-1 and Ukraine Safety Regulations, the Contractor shall follow the more stringent regulation. If there are conflicts between the EM 385-1-1 and Ukraine Safety Regulations, the Contractor shall immediately notify the Contracting Officer Representative.

4.9.2. Accident Prevention Plan

The Contractor shall prepare an Accident Prevention Plan and submit to the Contracting Officer Representative for approval. Authorization to begin construction activities (Notice to Proceed) will not be given to the Contractor without an approved Accident Prevention Plan.

https://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-manual/ https://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-manual/

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Prior to commencing with work, 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.

The Accident Prevention Plan must address the types of Personal Protective Equipment (PPE) required to be used personnel, the types and frequency of safety training, the types and frequency of safety inspections, and any specific Activity Hazard Analyses (AHAs) relevant to work being conducted.

4.9.3. Ukrainian Safety Requirements

In addition to the requirements above, the Contractor shall comply with the safety requirements detailed in Ukraine laws, regulations, and code. The Contractor shall prepare all necessary safety documentation, studies, reports, designs, logs, etc. required by Ukraine Safety Regulations.

All costs necessary to comply with US and Ukraine Safety Requirements shall be paid by the Contractor.

Any costs related to safety inspections, monitoring, or any other requirements shall be the responsibility of the Contractor.

4.9.4. Additional Safety Requirements

The Contractor shall ensure all employees against occupational accident and disease risks, under the terms of Ukraine law. The Contractor shall verify that all employees of the prime Contractor or any subcontractor employed in this project meet the legal requirements of Ukrainian Law.

The Contractor shall 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 on the project site.

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

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

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

Version: 005 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.

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.

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 five (5) new hard hats available at the job site for the official visitors.

4.10. QUALITY CONTROL PLAN

Not required.

4.11. CONTRACT CLOSE-OUT REQUIREMENTS

The Contractor shall follow notify the Contracting Officer at least 21 days in advance of the expected facility turnover date. Final payment will not be authorized without Contractor adherence to the close-out procedures and requirements below.

4.11.1. Contract Close-Out Procedures

a. Provide minimum 21-days’ notice to the Contracting Officer prior to desired final inspection.

b. The Contracting Officer Representative shall conduct an on-site Final Inspection. The Contract will not receive final approval without an adequate final inspection and acceptance by both the Contracting Officer Representative and Beneficiary.

c. Contractor shall provide evidence of any final repairs identified during Final Inspection (i.e.

Punchlist).

d. Contractor shall submit final Schedule of Prices and Final Invoice.

4.11.2. Cleaning

The Contractor shall maintain a clean and orderly job site at all times. Prior to contract close-out the Contractor must provide a complete and totally clean site.

4.11.3. Damage to Existing Site & Facilities

The Contractor shall repair any and all damage to the adjacent site, utilities, and buildings. The Contractor shall leave the site, utilities, and adjacent buildings in a condition equal to or better than they were found at the beginning of the project. The US Government and Beneficiary will not accept the final project until all damage caused by the Contractor is repaired.