N3319122R4016 Valjevo Serbia Attach 1 - PTS.pdf

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

Version: 005

EUCOM Humanitarian Assistance Program

DESIGN AND CONSTRUCTION

VALJEVO

KINDERGARTEN

EXTENSION

Valjevo, Serbia

OHASIS RB-HA-2021-00052341

44°16'14.8"N 19°54'07.7"E

Mar 2022

Ver 005

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

Contents

1. GENERAL REQUIREMENTS

1.1. TAXATION – PROJECT IS VAT EXEMPT

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 – 900 DAYS

1.12 CONSTRUCTION SCHEDULE (BAR CHART IS AUTHORIZED)

1.13 SAFETY: ACCIDENT PREVENTION PLAN

1.14 COORDINATION

1.15 SPECIAL SITE CONDITIONS

1.17 SUBMITTALS – TECHNICAL INFORMATION

1.18 DELIVERABLE

1.19 PICTURES

1.20 CERTIFICATIONS, LICENSES, PERMITS, FEES, ETC

1.21 QUALITY CONTROL AND QUALITY CONTROL PLAN

1.22 CONSTRUCTION SIGN

1.23 PAYMENT – WAWF PAYMENT

1.24 SCHEDULE OF PRICES

1.25 UTILITIES

1.26 DAMAGES/IMPACT TO EXISTING FACILITIES

1.27 CLEANING

1.28 SPARE PARTS AND MATERIALS

1.29 WARRANTY AND TRAINING

1.30 CLOSE-OUT PROCEDURE

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

2 STATEMENT OF WORK

2.1 LOCATION OF PROJECT

2.2 GENERAL SCOPE OF WORK – STRUCTURE OF THE CONTRACT

2.2.1 CONCEPTUAL DESIGN FOR CLIN001 OR BASE-BID

2.2.2 CONCEPTUAL DESIGN FOR CLIN001 AND CLIN002

2.2.3 CONCEPTUAL DESIGN FOR CLIN001 + CLIN002 + CLIN003

2.3 DESIGN PHASE – CONSTRUCTION PERMIT

2.4 GENERAL REQUIREMENTS FOR NEW FACILITY

2.5 WATER CONNECTION AND WATER PIPING

2.6 HOT WATER

2.7 ELECTRICAL CONNECTION

2.8 ELECTRICAL INSTALLATION IN THE NEW CONSTRUCTION

2.9 LIGHTING – LED TECHNOLOGY

2.10 TELECOMMUNICATIONS INFRASTRUCTURE (TELEPHONE, INTERNET, TV)

2.11 FIRE ALARM

2.12 SEWER CONNECTION, SEWAGE INSTALLATION AND VENT PIPING

2.13 HEATING

2.14 A/C – HEAT PUMPS – DUCTLESS – SECOND FLOOR

2.15 WINDOWS

2.16 NEW EXTERIOR DOORS

2.17 NEW INTERIOR WINDOWS – 8 MM

2.18 NEW INTERIOR DOORS

2.19 FLOOR FINISHES

2.20 WALL FINISHES

2.21 CEILING FINISHES

2.22 SPECIFIC REQUIREMENTS – BATHROOM FOR CHILDREN

2.23 SPECIFIC REQUIREMENTS – BATHROOM FOR ADULT – WHEELCHAIR

2.24 SPECIFIC REQUIREMENTS – BATHROOM FOR ADULT

2.25 SPECIFIC REQUIREMENTS – STAIRWAYS

2.26 SPECIFIC REQUIREMENTS – LOCKER ROOM

2.27 SPECIFIC REQUIREMENTS – STORAGE

2.28 SPECIFIC REQUIREMENTS – MAINTENANCE OR JANITOR ROOM

ANNEX 1: GUIDELINE TO PREPARE THE QUALITY CONTROL PLAN

ANNEX 2: CONCEPTUAL DESIGNS FOR FULL PROJECT

ANNEX 3: INFORMATION RELATED TO TAXATION AND VAT EXEMPTION

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

1. GENERAL REQUIREMENTS

1.1. Taxation – Project is VAT exempt

The US Government will not pay VAT for this project. The contractor is responsible to implement the necessary procedures to guarantee the implementation of the tax exemption applicable to this project. Annex#3 includes some of the Serbian regulations that the contractor needs to implement and follow in order for the project to be tax exempt.

The right for VAT exemption is based on a grant agreement as per Law on VAT, Article 24, paragraph 1, item 16a), and the procedure prescribed by the Rulebook on VAT, Articles 112 - 117.

(See Annex#3). The VAT Regulations can be found here: https://www.paragraf.rs/propisi/pravilnik-o-porezu-na-dodatu-vrednost-pdv.html).

In particular, this project is using Law on VAT, Article 24, paragraph 1, item 16a), and the procedure prescribed by the Rulebook on VAT, Articles 112 - 117 (non-official translation included in annex#3). In order to implement the tax exemption and to perform professional services in Serbia, the contractor needs to be registered in Serbia and with the Serbian Revenue Service because they are responsible and managers of the necessary procedures to perform business in Serbia and to implement the tax exemption.

It is the contractor's responsibility to work directly with Serbian fiscal authorities on the implementation of the tax exemption applicable for this assistance program. The Office of Defense Cooperation in Serbia 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. They can also provide the necessary agreements, memos or specific support to the contractor, upon request. However, it is solely the contractor's responsibility to follow and implement the necessary procedures in strict compliance with Serbian regulations to exercise the free taxation agreement. The contractor is overall responsible and owner of the implementation of the tax exemption procedure.

The point of contact from the Office of Defense Cooperation of the US Embassy is:

Ivan Tasić - Office of Defense Cooperation US Embassy, Belgrade, Serbia Tel: +381-11-706 4418 tasici@state.gov

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.

The US Government will not pay VAT for this project. VAT shall not be included in the invoices.

Invoices shall clearly indicate that the invoice is WITHOUT VAT.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

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. The KO is the only person with authority to modify the terms of the contract with regards to scope, duration or price.

- 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.

- Request for Proposal (RFP): The packaged documents by which NAVFAC solicits offers (price and non-price) in order to select the company that will execute the works described in this document.

- Performance Technical Specifications (PTS): This term refers to this document, by which in general the US Government describes the required final product that the selected company shall design and build/provide.

- Contractor: The company that receives the award of the US Government contract to perform the works included in this document.

- Designer: The architectural and engineering company (or the architect or engineer), with required licenses in Serbia, that the contractor shall hire, to perform the design and construction monitoring required by this document.

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 Serbian technical and legal regulations, with special emphasis on the specific technical regulations regarding the design, renovation and construction of kindergartens.

- Strict compliance with Safety regulations of Serbia, unless the US safety regulations (USACE

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

- Gender consideration. The design shall be based on the principle of same accessibility and opportunities for male and female.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

- 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 Serbian revision/edition of the codes, criteria, and standards in effect in Serbia at the time of submission of the bids, except as otherwise indicated by this Request for Proposal (RFP). Construction shall also comply with applicable codes, ordinances and regulations of Serbia governing safety, fire protection, building construction, and electrical systems in effect during this contract, except where specifically stated herein. The contractor shall remove and reinstall at their expense any material/work/equipment that does not meet the requirements of this Performance Technical Specification (PTS) or the requirements of the applicable Serbian codes, ordinances and regulations.

All construction shall must meet relevant Serbian building codes, shall use designs/materials consistent with other Serbian construction, and shall require minimal maintenance. If no building standards exist in Serbia 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/).

The design shall comply with all applicable laws and regulations in Serbia, but in particular with:

- Urban Planning requirements in Valjevo

- PLANNING AND BUILDING ACT ("Off. Herald of RS", Nos. 72/2009, 81/2009 - correction, 64/2010 - decision of the CC, 24/2011, 121/2012, 42/2013 - decision of the CC, 50/2013 -decision of the CC, 98/2013 - decision of the CC, 132/2014, 145/2014, 83/2018, 31/2019, 37/2019 - other act, 9/2020 and 52/2021)

- Law on Fire Protection (Official Gazette of Republic of Serbia, Nos. 111/2009, 20/2015, 87/2018 and 87/2018 – other law).

- Rules on the content of the study on the organization of site (Official Gazette of Republic of Serbia, Nos. 121/2012 and 102/2015).

- Law on Safety and Health at Work (Official Gazette of Republic of Serbia, Nos. 101/2005, 113/2017, 91/2015, 113/2017 – other law).

- Labour Law (Official Gazette of Republic of Serbia, No. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017, 113/2017 and 95/2018 – auth. interpretation)

- Law on Waste Management (Zakon o upravljanju otpadom) (Official Gazette of the RS, No.

36/2009, 88/2010, 14/2016 and 95/2018 - dr. zakon) regulates waste.

- Adopted Eurocodes (SRPS EN …)

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

1.4 Omissions from the Project Specifications

The designer hired by the contractor shall prepare a technical project (or design) for the scope of work described in paragraph 2 of this document with the additional technical requirements described in such paragraph. This technical project shall include all necessary parts and elements in order to receive the formal construction permit. If this paragraph does not specify any installation or detail of work that is required for the formal acceptance of the new construction, the contractor shall consider this installation or detail of work to be part of the contract, and they shall use commercial grade materials and equipment in compliance with Serbian laws and regulations, and common construction practice.

The work shall meet all requirements of this Performance Technical Specifications (PTS).

Drawings to be as required in this PTS and with sufficient detail to communicate the design to the US Government, Serbian 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 Serbian regulations. The PTS is 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.

The contractor shall provide the final work as a complete and usable kindergarten facility, including technical details, items of work, permits or fees that are not explicitly described in this PTS, but which are necessary to provide an operational, certified and finished kindergarten.

The beneficiary (Municipality of Valjevo) will participate in the development of the design and will monitor the construction. The designer shall consider their expertise and deep knowledge of the requirements during the design stage. However, any proposal or request of the beneficiary or by any other individual shall be limited by the requirements of these technical specifications.

The Monitoring Entity shall also 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 Serbia. 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 Serbian 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 hire the services of a licensed professional or company to prepare the corresponding and necessary technical projects or designs of the kindergarten extension, addition or annex.

This in a design-build contract in which the US Government is not providing any technical projects, but the US Government is only providing conceptual designs and a basis of design that the contractor shall follow. All requirements of this document shall be considered by the architect (or architectural design company) hired by the contractor in order to prepare their conceptual design and later the full technical project, with the requirements described in this document and those required by the applicable regulations which may not be explicitly described herein.

This document is a Performance Technical Specifications (PTS) for a full Design-Build project.

This PTS includes a description of the required finished work and the contractor is responsible to

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341 do all necessary administrative, design, construction, inspection and acceptance to provide an operational and fully functional kindergarten facility. This means that the contractor is responsible to:

- Make necessary designs or technical projects as required by this PTS for the new kindergarten facility.

- Obtain NAVFAC’s acceptance of the designs and the approval of the Municipality of

Valjevo.

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

- Obtain the official Construction Permit for the new construction of the kindergarten expansion described in this document.

- Execute the construction works, including electrical, water, sewage, heating connections.

- Obtain the partial progress approvals by the competent and required Serbian authorities and third party experts for the executed construction works.

- Obtain final approval of the works with the official Act of Acceptance for the new facility

- Obtain NAVFAC’s acceptance of the finished works

This contract includes all necessary items of work in order to provide a certified and operational kindergarten facility. The design shall be prepared in compliance with applicable construction codes, urban planning and construction practices in Serbia and in the Municipality of Valjevo.

The contractor shall hire the services of an architect (or architectural design company) licensed in Serbia to design the new facility with all items included in this document. This is a “New Construction” project and it will require the corresponding Construction Permit. This document will use the term “designer” to refer to the architect or architectural design company licensed in Serbia that the contractor shall hire.

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

The contractor shall hire (and pay for) the services of a “Revision Entity - Expertise” authorized by the Government of Serbia to supervise and approve each phase of the design and the construction, including final commissioning and acceptance of the completed works, if required by Serbian regulations. This company would report directly to the US Government representative and the beneficiary if required by the regulations, but all their services shall be paid by the contractor.

In case the Serbian 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. This client be the Municipality of Valjevo or other agency authorized by the Contracting Officer

The designer shall sign, stamp and certify all drawings provided to the beneficiary and to NAVFAC.

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 Serbia and the Municipality of Valjevo and the different agencies involved in the process.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

Note 1: The contractor needs to be familiar with the regulations of Serbia, in order to account for the different required permits, reviews and authorizations for new construction of kindergartens in Serbia. A technical project for this type of construction include several books for different elements of the design, including hundreds of pages and drawings.

Note 2: The Municipality of Valjevo possesses a technical project for the expansion of the kindergarten. This PTS could be considered a “subproject” of the existing larger project. See drawing in paragraph 2.2. (page 27). This PTS includes the requirements to design and build a portion of the kindergarten expansion included in the existing technical project. The designer shall prepare a technical project, which will allow the beneficiary to complete the works included in their technical design in the future.

1.6 Construction Permit or Authorization – Construction Permit

The contractor shall obtain formal written authorization from the competent Serbian authority to perform the works included in the scope of work of this project. The US Government does not own the existing kindergarten or the plot of land. 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 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 and monitoring entities, and everything that may be necessary as required by Serbian 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 Serbian 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 Serbia to build a new public kindergarten facility.

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, electrical, sewage, or telephone companies. The contract includes all necessary coordination with all incumbent Serbian agencies involved in the design and the construction of a new kindergarten facility. This includes paying for any official fee or tariff that these companies or agencies will 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, 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. This is especially relevant concerning the connection of the existing building with the new construction.

The contractor shall visit the project site prior to submission of their offer to the US Government. In order to coordinate this visit and to gain access to the kindergarten site, the contractor shall

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341 coordinate with the representative and Program Manager from the United States Office of Defense Cooperation in Serbia:

Ivan Tasić - Office of Defense Cooperation US Embassy, Belgrade, Serbia Tel: +381-11-706 4418 tasici@state.gov

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 “new construction” and the main elements to inspect and to consider are the general soil geotechnical conditions, the connections with the existing facility and the points of utility connection.

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.

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 Contracting Officer (KO) or the 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 Serbia in order to perform the works described in these PTS.

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

- They provide copies of the technical project, including materials and equipment that they will be using in 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.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

- 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)

1.10 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 contractor provides copy of the official signed Act of Acceptance of the facility, or until 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 – 900 days

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 Belgrade.

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 60 days after contract award date

Final Design Submit within 180 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 Serbian regulations, with minimum of 1 year for all the works. Warranty starts the day after the Contracting Officer accepts all works.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

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.

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 Serbian 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.

Execution of this construction contract requires compliance with Serbian 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 plans, documentation, studies, reports, books, design or logs, which may be required by Serbian 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 Serbian 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

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341 construction project. Contractor shall provide proper fences or barricades to separate the construction areas from the operational areas of the kindergarten.

- The contractor is responsible to comply with Serbian Safety Code. All costs of compliance with safety and with Serbian safety regulations are the responsibility of the contractor, including any record keeping. Any costs related with safety inspections, safety monitoring, or anything else required by 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 Serbian 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 Serbian law. The contractor shall verify that all employees of the prime contractor or any subcontractor employed in this project meet the legal requirements of Serbian 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.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

- 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 Contracting Officer Representative (COR), at no cost to the Government.

- 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 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 because 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 children, public and workers 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 of Valjevo, the Kindergarten Director and 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.

After the construction works start, in addition to any other visits that the contractor considers that the project requires, the contractor shall organize a formal visit to the job site. The contractor shall prepare for this formal visit:

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

- Inform NAVFAC with minimum 10 days advance notice.

- Inform the Kindergarten Director with minimum 10 days advance notice.

- Inform the Municipality with minimum 10 days advance notice.

- Attendance of the designer of the facility

- Attendance of the supervisor

- Attendance of the correspondent third party inspector

- Attendance of the General Manager of the contractor

All works shall be closely coordinated with the Municipality of Valjevo.

1.15 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.

The kindergarten shall remain operational during the performance of works and therefore the contractor shall coordinate their works to avoid any disruption to the normal operations of the kindergarten.

1.16 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. However, because the contractor needs to comply with Serbian legislation, they will need to prepare many other documents also in Serbian 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 he/she finds 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 Serbian.

1.17 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 Serbian legislation) shall be removed at no cost to the US Government.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

1.18 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:

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

Technical deliverables shall include

Construction sign design Fire Detection System Hand driers Porcelain floor tiles Cables Mirrors Wall tiles Heat pumps Toilet partitions Wall tile metal edge protection Radiators Sinks Metal ceiling panels Windows Faucets Acoustic ceiling panels Window blinds Urinals Electrical conduits Exterior doors Water fountain Electric panel Interior Doors Toilets Light switches Door signs Scaffolding Lighting fixtures Water piping Commemorative plaque design Electrical receptacles Façade insulation Paint Water heater Roof insulation Roof sheeting Lockers

1.19 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 executed works, and therefore it could incapacitate progress payments.

1.20 Certifications, Licenses, Permits, Fees, etc.

The contractor shall be legally capable of performing in Serbia the construction and design works that are included in this contract, including the legal requirements to obtain the tax exemption. The company shall be registered in Serbia as required by Serbian law. The contractor (or their subcontractors) 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 Serbian legislation. The fact that the US Government is funding and managing this contract does

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341 not provide any exception or waiver to this legal requirement. The contractor shall possess the same technical and legal licenses as if the Government of Serbia was funding this contract.

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

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. 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, informing the COR of any problems or potential disputes.

1.21 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 copies of their licenses and certificates.

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. The Quality Control Manager is responsible for the QC program.

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 and as the Quality Control Manager. 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.

Annex 1 includes a guideline to prepare the Quality Control Plan.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

Example of typical required construction sign

1.22 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 Serbia and the United States of America

- The following text: THE CONSTRUCTION OF THIS NEW KINDERGARTEN WING IS

FUNDED BY THE UNITED STATES EUROPEAN COMMAND AND PROVIDED TO THE

PEOPLE OF VALJEVO. EXECUTIVE AGENT: US EMBASSY IN SERBIA. CUSTOMER:

US NAVAL ENGINEERING SYSTEMS COMMAND. PRIME CONTRACTOR:?

- Logos of EUCOM and NAVFAC

EURAFCENT

- Start and completion dates.

- Same text in Serbian.

NAVFAC logo to be used

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

1.23 Payment – Direct payment from NAVFAC to contractor via WAWF

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.

- 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. Cost breakdown, based on approved Schedule of Prices, with percentages completed for each line item, or 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.

Design and Construction – New Kindergarten Extension, Valjevo, Serbia OHASIS ID-52341

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

The contractor shall upload a pdf copy of the invoice. The name of the invoice on the pdf file shall be the same as the name of the attachment in WAWF. Additionally, the date of the invoice in WAWF shall match the invoice of the invoice in the pdf invoice file to be uploaded. Additionally, the contractor shall upload the Safety-Self Evaluation with the total manhours spent and a pdf copy of the cost breakdown.

For any issue with WAWF registration, the contractor shall directly coordinate with WAWF site (866-618-5988; disa.global.servicedesk.mbx.eb-ticket-requests@mail.mil)

1.24 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 design with a maximum of 4% and the main elements of the construction project.