N3319122R4008 Attach 1 - PTS.pdf

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

Version: 002

EUCOM Humanitarian Assistance Program

RISCANI

KINDERGARTEN#10

DESIGN/BUILD RENOVATION

AND IMPROVEMENTS

Riscani, Moldova

OHASIS MD-HA-2021-00040486

47°57'29.6"N 27°33'14.3"E

Jan 2022 Ver 002

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

Contents

1. GENERAL REQUIREMENTS

1.1. TAXATION

1.2. GENERAL LEGAL REQUIREMENTS AND REPRESENTATION

1.3 CONSTRUCTION STANDARDS

1.4 OMISSIONS FROM THE PROJECT SPECIFICATIONS

1.5 GENERAL DESIGN/BUILD CONTRACT DESCRIPTION

1.6 CONSTRUCTION PERMIT OR AUTHORIZATION – CONSTRUCTION PERMIT

1.7 MEASUREMENTS AND QUANTITIES

1.8 PROHIBITED ITEMS

1.9 START OF CONSTRUCTION

1.10 RESPONSIBILITY FOR NEW MATERIALS

1.11 CONSTRUCTION/DESIGN SCHEDULE AND CONTRACTUAL MILESTONES

1.12 CONSTRUCTION SCHEDULE (BAR CHART IS AUTHORIZED)

1.13 SAFETY: ACCIDENT PREVENTION PLAN

1.14 COORDINATION

1.15 PHASING AND SCHEDULING

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

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

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

2 STATEMENT OF WORK

2.1 LOCATION OF PROJECT

2.2 GENERAL SCOPE OF WORK – STRUCTURE OF THE CONTRACT

2.3 CLIN001 - SCOPE OF WORK

2.3.1 RENOVATION OF BATHROOMS FOR CHILDREN

2.3.1.1 NEW DESIGN FOR BATHROOMS

2.3.1.2 DEMOLITIONS

2.3.1.3 FINISHES FOR NEW BATHROOMS

2.3.2 RENOVATION OF KITCHENETTES

2.3.2.2 DEMOLITIONS

2.3.2.3 REQUIREMENTS FOR KITCHENETTES

2.3.3 RENOVATION OF 1 TEACHERS’ BATHROOM

2.3.4 REPAIRING SEWAGE IN CENTRAL BLOCK

2.3.5 REPLACEMENT OF WATER LINES

2.3.6 COMMEMORATIVE PLAQUE

2.3.7 PICTURES – BATHROOMS

2.3.8 PICTURES – KITCHENETTES

2.3.9 PICTURES – OTHER ITEMS OF THE BASE-BID

2.4 CLIN002 - SCOPE OF WORK

2.4.1 DEMOLITIONS

2.4.2 LAYOUT

2.4.3 FLOOR

2.4.4 WALLS

2.4.5 CEILINGS

2.4.6 VENTILATION

2.4.7 HEATING

2.4.8 WATER, SEWAGE, HOT WATER, DRAINAGE AND VENT PIPING

2.4.9 BATHROOMS

2.4.10 EXTERIOR WINDOWS AND DOORS

2.4.11 INTERIOR DOORS

2.4.12 ELECTRICAL

2.4.13 FIRE ALARM

2.4.14 FURNITURE

2.4.15 PICTURES – CONTRACT OPTION-1

-/-/-/-/-/-/-/- END OF TECHNICAL SPECIFICATION -/-/-/-/-/-/-/-/-

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

1. GENERAL REQUIREMENTS

1.1. Taxation

This construction/renovation contract is subject to the Moldovan Government Decision No.

246 of 08.04.2010 on the application of the zero rate of VAT on the supply of goods and services in the country and providing tax and customs exemptions for ongoing projects of technical and investment assistance covered under the international treaties to which the

Republic of Moldova is part. As such, the US Government will not pay VAT on any invoices related to this construction contract. The contractor is required to coordinate with the US

Embassy and with competent Moldova authorities in order to implement the procedures as required by the Moldovan Government in order to obtain the VAT TAX EXEMPTION that applies to this contract as detailed and specified in the referenced Moldovan regulations.

Contractor shall start the tax exemption within 7 days after award of this contract. Contractor is required to make all necessary coordination and to allow for time for approval of the VAT Tax

Exception. A minimum of 3 months and a maximum of 5 months are estimated for processing all required documentation after its submission until the name of the Prime Contractor is published on the official Moldovan Government publication "Monitorul Oficial". The contractor should have the tax exemption process finalized before they start actual construction works and before they contract for any service related with this contract.

It is the contractor's responsibility to properly and adequately follow the requirements of the applicable Moldovan regulations in order implement of a tax free contract environment as it may be applicable for the prime contractor, subcontractors and suppliers. Per existing legislation the

Moldovan Government will not register for VAT exemption any of the subcontractors, for any of the projects. The US Government SHALL NOT be responsible to pay any taxes for this contract resulting from a contractor's failure to implement the proper procedures or from not complying with the timelines or from not following any other requirements of the Moldovan regulations which guarantee tax exemption exclusively as detailed and in compliance with their regulations.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

1.2. General Legal Requirements and Representation

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

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

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

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

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

The project execution is based on the following principles:

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

(NAVFAC).

- Strict compliance with Moldovan technical and legal regulations, with special emphasis on the specific technical regulations regarding the design, renovation and construction of public kindergartens in Moldova.

- Strict compliance with Safety regulations of Moldova, unless the US safety regulations

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

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

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 Moldova governing life/safety, fire protection, building construction, and electrical systems in effect during this contract, except where specifically

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486 stated herein. Any material installed that does not meet the requirements of this Technical Specification and/or applicable Moldovan codes, ordinances and regulations will be removed and reinstalled at Contractor’s expense.

Construction Standards. All construction shall must meet relevant Moldovan building codes, shall use designs/materials consistent with other Moldovan construction, and shall require minimal maintenance. If no building standards exist in Moldova 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 Omissions from the Project Specifications

The design shall be based upon the requirements described in paragraph 2 of this document. If this paragraph does not specify any installation that is required for the formal acceptance of the newly constructed, renovated, improved or rebuilt areas and/or works, the contractor shall consider this installation to be part of the contract, and they shall use commercial grade materials and equipment in compliance with Moldovan 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, Moldova 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 Moldova 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 an operational, certified and finished facility shall be considered part of this contract.

The beneficiary (Municipality of Riscani) 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 Moldova. 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 Moldova regulations, the contractor only has a contractual obligation to follow the technical alternative outlined in this document.

1.5 General Design/Build Contract Description

This is a 100% DESIGN-BUILD contract and the contractor shall provide the corresponding technical projects or designs for each element of work, as specified in paragraph 2. This document is a Performance Technical Specifications (PTS) for a full Design-Build project. This PTS includes a description of the required finished work. This means that the contractor is responsible to:

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

- 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 Moldovan authorities, including the Ministry of Health and the Municipality of Stefan Voda.

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

- Execute the construction/renovation works

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

This contract includes all necessary items of work in order for the renovated areas to be certified in compliance with latest Moldovan standards and regulations for kindergarten 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 Moldova and in the Municipality of Riscani.

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 Moldovan regulations, with the required foreman licensed in Moldova, and technical supervision licensed in Moldova.

As required by Moldovan regulations, for those elements that are required by Moldovan regulations, the contractor shall hire (and pay for) the services of a “Revision Entity - Expertise” authorized by the Government of Moldova 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 Moldovan regulations, but all their services shall be paid by the contractor. In case the Moldovan 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 Health, 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 Moldova. 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 Moldova and the Municipality of Riscani and the different agencies involved in the process.

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

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

1.6 Construction Permit or Authorization – Construction Permit

The contractor shall obtain formal written authorization from the competent Moldovan authority to perform the works included in the scope of work of this project. The US Government does not own the building. Therefore, the US Government cannot authorize the start of any work or the performance of any works. However, the US Government will provide the “Notice to Proceed” once the contractor shows evidence of the required construction permits or authorization and they confirm that they fulfill all the requirements of the contract to start works.

The contractor is required, as part of this contract, to prepare all documentation, designs, reports, information, drawings, coordination and approvals by experts or monitoring entities, and everything that may be necessary as required by Moldovan 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 Moldovan 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 Moldova for any renovation works in kindergarten facilities.

The contract requires not only the Construction Permit for the main renovation construction works, but also other permits by different agencies, such as the water supply company. The contract includes all necessary coordination with all incumbent Moldovan agencies involved in the design, renovation and construction of kindergarten facilities in Moldova. 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.

The contractor shall not perform any construction work on site until they send to the Contracting Office Representative verifiable evidence that they have obtained all the necessary permits for each element of work included in this contract

1.7 Measurements and Quantities

This contract complies with the US Federal Acquisition Regulations, and as such, this document does not provide measurements and quantities of materials; and if any are provided in this document, the contractor shall be responsible to verify on site. The contractor needs to visit the job site in order to perform the necessary measurements and to observe the existing field conditions in order to prepare their cost proposal.

The contractor shall visit and inspect the work site prior to submission of their offer to the US Government. In order to visit the site, the contractor shall coordinate with the representative and Program Manager from the United States Office of Defense Cooperation in Moldova:

Mr. Alexandr Cerchez - Program Manager of the Bilateral Affairs Office US Embassy, Chisinau, Moldova Tel: +373 22 281262; alexandr.cerchez.ln@mail.mil

The contractor is responsible to verify site conditions and to prepare all necessary inspections and reports before preparing the design and technical projects.

This is renovation project in numerous internal areas of an old kindergarten. Each room has different conditions. There are not two rooms that are 100% identical. It is essential that the contractor visits the site with the necessary details to account and plan for all necessary works in order to fulfil the contract requirements.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

1.8 Prohibited Items

This contract explicitly prohibits the use of the following items in this construction project:

- Use of aluminum for electrical conductors.

- Embedding aluminum conduit in concrete.

- Use of electrical cables without conduits.

- 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.

- The use of materials containing asbestos.

- The use of chromed materials for bathroom equipment and accessories

- The use of non-homogeneous floor tiles

1.9 Start of Construction

The Project Manager (PM) or Contracting Officer Representative (COR) shall authorize the start of construction. The contractor will obtain this authorization once:

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

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

- They provide technical information and technical projects for the designs, including proposed materials and equipment that they propose to use for the project. The contractor can only bring to the project site materials and equipment previously accepted by the Contracting Officer Representative.

- The Contracting Officer Representative accepts their Accident Prevention Plan (APP), which the contractor shall prepare following the guidelines and requirements of US regulation (EM385-1-1). The COR can provide a sample format to the contractor after award of the contract and upon request.

- 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)

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

1.10 Responsibility for New Materials

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

Security of the job site is the exclusive responsibility of the contractor until the formal Act of Acceptance of the facility is signed or NAVFAC formally accepts the works.

The contractor shall not deliver, place, retain nor store at the project site any material that are not intended to become part of the project.

1.11 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 Chisinau.

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 Moldovan regulations, with minimum of 1 year for all the works. Warranty starts the day after the Contracting Officer accepts all works.

1.12 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.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

1.13 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 subject to any hazards because 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 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 Moldovan Safety Law.

Upon request and after award, the COR can provide to the contractor the format or guidelines that can be used for the preparation of the required Accident Prevention Plan as required by this contract. The contractor shall not start the construction works site until the COR receives and accepts the Accident Prevention Plan.

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 Moldovan 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 Moldovan 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 Moldovan Code and these requirements are not in conflict with local safety regulations. A digital copy of this manual can be found here:

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

- The contractor is responsible for the safety of the children, 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 operational areas of the kindergarten.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

- The contractor is responsible to comply with Moldovan Safety Code. All costs of compliance with safety and with Moldovan 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 Moldovan 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 Moldovan law. The contractor shall verify that all employees of the prime contractor or any subcontractor employed in this project meet the legal requirements of Moldovan 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

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486 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 Moldova, 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.

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

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

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

1.14 Coordination

All coordination with the Municipality or other local authorities, and with other local agencies such as the utility companies, shall be the responsibility of the contractor. The contractor shall notify the COR of any disputes between agencies or regarding approvals that could affect contract duration or contract price.

The contractor shall include into their bid the fact that the kindergarten will continue its operation during the performance of the works with the restrictions and phasing described in this document.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

The contractor is responsible to provide the manpower to move any existing furniture from the areas to be renovated to a location to be provided by the beneficiary, within the Municipality of Riscani. 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.

All works shall be closely coordinated with the beneficiary.

1.15 Phasing and Scheduling

The kindergarten shall remain operational during the performance of works. The contractor shall phase the works, and shall schedule certain critical activities, considering the restrictions listed below. The kindergarten facility has 3 buildings or blocks: right (R), central (C) and Left (L). Each block has 2 floors.

- Either Block R or Block L shall be fully operational at all times. The contractor cannot work in Block R while they have any activity in Block L. Similarly, the contractor cannot have any activity in Block L while they are working in Block R. This means that if properly planned, the contractor can perform all works in two phases.

- The contractor shall perform water outages after normal working hours.

- The contractor shall perform electrical outages after normal working hours.

- There shall be physical barriers/fences between the children and the construction activities, including the storage areas.

1.16 Responsibility and Ownership of Removed Materials

All refuse or salvaged materials, and everything contained in the building in the areas included in the scope of work, is the property of the owner (Municipality of Riscani), and the contractor shall move them to a location within the Municipality. Prior to moving them to the location that the beneficiary will indicate, the contractor shall properly clean everything. The contractor will not be held responsible in case something is damaged or broken during its removal or transportation.

This includes among others, the toilets, sinks, piping, cables, lighting fixtures, doors, old furniture, faucets or radiators. Those elements that the owner shall not request will become the property of the Contractor and shall be disposed of, off-site, in accordance with applicable regulations of Romania. The Contracting Officer Representative may ask for receipts of proper disposal of debris, or excess materials.

In summary, everything to the removed belongs to the owner of the facility, unless otherwise indicated by the Municipality or by the Kindergarten Director.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

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 that they plan to use for the project. 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 accepted by the representative of the Contracting Officer and that if found not to comply with the requirements of this contract (or Romanian legislation) shall be removed at no cost to the US Government.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

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

Technical deliverables shall include

Construction sign design Electrical receptacles Porcelain floor tiles Cables Mirrors Wall tiles Doors Toilets Wall tile metal edge protection Radiators Sinks Metal ceiling panels Shower flooring Faucets Water heater Laminate AC6 Kindergarten furniture Electrical conduits Paint Commemorative plaque design Electric panel Water piping Acoustic ceiling panels Light switches Lighting fixtures

1.21 Pictures

Once construction starts, the contractor shall email digital photos explicative of the construction progress status on weekly basis. The photos shall also show workers in action. The COR will use these pictures 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 influence 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 Moldova, as required by Moldovan 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 Moldovan legislation. There shall be no exception or waiver to this legal requirement because the US Government funding and managing this project. The contractor shall possess the same technical and legal licenses as if the Government of Moldova was funding this contract.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

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

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 they plan to perform to ensure that they obtain the quality required by these Technical Requirements and by their full design.

The Quality Control Plan shall include the name and qualifications of the person responsible for the quality of the works, together with his/her licenses and certificates.

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. The contractor shall provide the resume of the Superintendent 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.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

Example of typical required construction sign

1.24 Construction Sign

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

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

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

- Flags of Moldova and the United States of America

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

STATES EUROPEAN COMMAND AND PROVIDED TO THE PEOPLE OF STEFAN VODA.

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

ENGINEERING COMMAND. PRIME CONTRACTOR:?

- Logos of EUCOM and NAVFAC

EURAFCENT

- Start and completion dates.

- Same text in Romanian.

NAVFAC logo to be used

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

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 partial payment for work completed and incorporated to the project.

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 1.26.

- Maximum of 80% (cumulative). There shall be no partial payments from 80 to 100%.

- Final invoice (100%): The COR can only authorize final payment once final inspection is completed, all potential defects identified, and the contractor provides all closeout documents.

The invoicing approval and submission process shall be like described below:

First: Contractor shall send email to the COR with proposed cost breakdown to justify the amount requested, clearly separating each CLIN.

Second: Contractor to modify if needed the cost breakdown after discussions with the COR.

Third: Contractor to send to the COR an email with the agreed cost breakdown, the pdf copy of the invoice with the agreed upon final amount and the safety self-evaluation.

Content of WAWF 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 has been actually performed as required by the contract. In case the KTR cannot prove to have performed the work in accordance with the contract terms, the COR may reject the invoice or may deduct the value corresponding to the undone/unproven portions of work from the invoiced amount.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

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 (“front-in loading” means artificially increasing the value of the initial activities for the US Government to finance the works)

This contract does not authorize including the design efforts in the Schedule of Prices.

The contract is divided into several Contract Line Item Numbers (CLIN’s). The contractor shall include and clearly separate in the Schedule of prices all awarded CLIN’s.

The US Government will not process any partial payments until the Contracting Officer Representative accepts the Schedule of Prices. Without an accepted Schedule of Prices, only the final invoice could be processed.

Design and Construction – Renovation and improvements to Riscani Kindergarten#10, Moldova OHASIS ID-40486

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 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 or parking areas

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

- Damages to areas of the kindergarten outside the scope of work, as for example the classrooms for the children and 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 kindergarten not under the scope of work (minimum 100 high…