N3319122R4022 Kwa Njenga Kenya Attach1 - PTS.pdf

DESIGN BUILD CONSTRUCTION

KWA NJENGA PRIMARY SCHOOL (068335)

AFRICOM Humanitarian Assistance Program

Design-Build Construction

Kwa Njenga Primary School Nairobi, Kenya

Construction of Kwa Njenga Primary School (N-1.31531, E36.88496)

Nairobi, Kenya

KE-HA-2022-068335, FY22

March 2022

Contents

1. PROJECT DESCRIPTION

1.1 PROJECT LOCATION OVERVIEW

1.2 PROJECT OBJECTIVES

1.2.1 Mission Statement

1.2.2 Facility Function

1.2.3 Project Specific Priorities

1.2.4 Appropriate Design

1.2.5 Workflow Process

1.3 GENERAL REQUIREMENTS

1.3.1 Taxation

1.3.2 General Legal Requirements and Representation

1.4 CONSTRUCTION STANDARDS

1.5 GENERAL DESIGN-BUILD CONTRACT DESCRIPTION

1.5.1 Design Phase

1.6 Omissions from the Project Specifications

1.7 Construction Permit or Authorization – Construction Permit

1.8 Measurements and Quantities

1.9 Prohibited Items

1.10 Start of Construction

1.11 Construction Design Schedule and Contractual Milestones

1.12 Construction Schedule (bar chart is authorized)

1.13 SAFETY: Accident Prevention Plan

Special Measures for Protection from Harassment, Exploitation and Abuse

1.14 Responsibility and Ownership of Removed Materials

1.15 Special Site Conditions

1.16 Language

1.17 Submittals – Technical Information

1.18 Deliverables

1.19 Photographs

1.20 Certifications, Licenses, Permits, Fees, etc

1.21 Quality Control and Quality Control

1.22 Construction Sign

1.23 Dedication Sign

1.24 Invoice Payment

1.25 Schedule of Prices

1.26 Utilities

1.27 Damages/Impact to Existing Facilities

1.28 Cleaning

1.29 Spare Part and Materials

1.30 Warranty

1.31 Training

1.32 Close out Procedures

2. STATEMENT OF WORK

2.1 General Overview and Bid Guidance

2.2 General Scope of Work

2.2.1 Summary of Base Bids

2.2.2 Summary of Contract Option 1

2.2.3 Summary of Contract Option 2

3. SITE ANALYSIS

3.1 Existing Site Conditions

3.1.1 Natural Constraints

3.1.2 Man Made Constraints

3.2 Site Development Requirements

3.2.1 Facility footprint

3.2.2 Access, Circulation, and Site Development

4. BUILDING REQUIREMENTS

4.1 Space Tabulation

4.2 Exterior Character

4.3 Interior Character

5. ROOM REQUIREMENTS

6. ENGINEERING SYSTEMS REQUIREMENTS

A10 FOUNDATIONS

A1010. Standard Foundations

A1030. Slab On Grade

B10 SUPERSTRUCTURE

B20 EXTERIOR ENCLOSURE

B2010. Exterior Walls

B2020. Exterior Windows

B2030. Exterior Doors

B30 ROOFING

B3010. Roof Coverings

B301001. Steep Slope Roofing Systems

B301002. Low Slope Roofing Systems

C10 INTERIOR CONSTRUCTION

C30 INTERIOR FINISHES

C3010. Wall Finishes

C3020. Floor Finishes

C3030. Ceiling Finishes

C3040. Interior Coatings and Special Finishes

D50 ELECTRICAL

D5010. Electrical Service and Distribution

D5020. Lighting and Branch Wiring

D5040. Other Electrical Services

G10 SITE PREPARATION

G1010. Site Clearing

G1020. Site Earthwork

G20 SITE IMPROVEMENTS

G2040. Site Development

G40 SITE ELECTRICAL UTILITIES

G4010. Electrical Distribution

7. PERFORMANCE TECHNICAL SPECIFICATION

SECTION A10: FOUNDATIONS

A10 General

1.1 Design Guidance

1.2 Construction Guidance

1.3 General Requirements

A1010 Standard Foundations

A1020 Slab on Grade

A1040 Concrete

SECTION B10: SUPERSTRUCTURE

B10 General

B1010 Construction Components

B1030 Unit Masonry

B1050 Steel

SECTION B20: EXTERIOR ENCLOSURE

B20 General

B2010 Exterior Walls

B2020 Exterior Windows

B2030 Exterior Doors

SECTION B30: ROOFING

B30 General

B3010 Steep Slope Roof Systems

B3030 Flashings & Trim

SECTION C10: INTERIOR CONSTRUCTION

C10 General

SECTION C30: INTERIOR FINISHES

C30 General

C3010 Wall Finishes

C3020 Floor Finishes

C3030 Ceiling Finishes

C3040 Interior Painting and Special Finishes

SECTION D50: ELECTRICAL

D50 General

D5010 Electrical Service and Distribution

D5020 Lighting and Branch Wiring

SECTION G10: SITE PREPARATION

G10 General

G1010 Site Clearing

G1020 Site Demolition & Relocations

G1030 Site Earthwork

SECTION G20: SITE IMPROVEMENTS

G20 General

G2020 Pedestrian Paving

G2030 Other Site Development

SECTION G40: SITE ELECTRICAL UTILITIES

G40 General

G4020 Electrical Distribution

1. PROJECT DESCRIPTION

This Statement of Work (SOW) is comprised of a design-build project to construct facilities for the Kwa Njenga Primary School, located in Nairobi, Kenya. Construction of each facility shall be in accordance with the Ministry of Education requirements and the requirements of this document.

The Contractor shall provide all services necessary to provide for the construction as specified, with a maximum period of performance of 700 calendar days after award of the contract.

All improvements, alterations and modification shall be as required by Kenya regulations and as outlined in this document. The work is divided into distinct portions of work called Contract Line Item Numbers (CLINs).

1.1 PROJECT LOCATION OVERVIEW

The project is located in the Republic of Kenya within the vicinity of the city of Nairobi.

Note: The Contractor shall conduct a pre-bid site visit to verify existing conditions prior to submission of their offer to the US Government. The Contractor may consult with the Kenyan Ministry of Education if additional information concerning site conditions is required. The Contractor shall coordinate their site visit and any request for information regarding site conditions with the Project Manager or other representative from the Kenya - United States Liaison Office (KUSLO) at the US Embassy in Nairobi:

Brian Ferland, Major, US Army MANG Bilateral Affairs Officer Kenya-U.S. Liaison Office US Embassy, Nairobi Office: +254 20 363 6338 ferlandbm@state.gov

Project Location

1.2 PROJECT OBJECTIVES

1.2.1 Mission Statement

The purpose of this project is to provide an acceptable learning environment for students by constructing new standalone facilities for the existing Kwa Njenga Primary School. These facilities include classroom block buildings, sanitation block buildings and a perimeter fence. Grading and drainage improvements to resolve existing drainage problems at the school driveway are also required.

1.2.2 Facility Function

The facilities identified in the project scope and mission statement will provide an acceptable learning environment for the education of the students of the Kwa Njenga Primary School.

1.2.3 Project Specific Priorities

The following items are of primary importance to the user of the facility.

Sustainable Design

Integrate sustainable principles into the design, development and construction of the project. Reduce the total cost of ownership of the facility using a whole building, life-cycle approach. Provide integrated sustainable design strategies and features to minimize the energy consumption of the facilities; conserve resources; minimize adverse effects to the environment; and improve occupant productivity, health, and comfort.

Energy Conservation

Integrate energy conservation principles into the design, development and construction of the project.

Reduce the total cost and consumption of energy in the facility using a whole building approach. This shall include at a minimum wall and roof insulation, energy efficient lighting and fans.

1.2.4 Appropriate Design

The intent of the design will be to maintain an indigenous character. To the greatest extent possible, materials are to be available locally to promote the local economy and to take advantage of the skills and experience of local trades-persons. All construction materials and installed equipment shall be new.

Construction methods are to be in line with those used locally to take advantage of the skills and experience of local trades-persons.

1.2.5 Workflow Process

Hours of Operation

Work shall be coordinated with the school director as to mitigate impacts during periods of instruction. It is anticipated that construction performed in the open field away from the existing school can be performed during normal hours. However when conducting construction near adjacent to the existing school, including the driveway, work should be performed during hours of the day and/or days of the week when students are not present in order to minimize the effect of noise and dust. If needs arise to work other than normal hours, coordinate with the facility, and obtain approval from the US Government

COR.

Occupancy

The facilities will support approximately 640 students.

1.3 GENERAL REQUIREMENTS

1.3.1 Taxation

In accordance with the Agreement between the Government of the United States of America and the Government of Kenya on Defense Cooperation, this contract is authorized for Value Added Tax (VAT) exemption by the Kenya Government. The contractor shall be responsible to prepare and process all required documentation to obtain the VAT exception from the Government of Kenya. For this reason, the contractor shall work directly with the corresponding authorities from Kenya.

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

1.3.2 General Legal Requirements and Representation

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

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

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

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

No waiver by the US Government: The failure of the Government in any one or more instances to insist upon strict performance to any of the terms of this contract or to exercise any option herein conferred is not to be construed as a waiver 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 Kenyan technical and legal regulations, with special emphasis on the specific technical regulations regarding the design, renovation and construction of schools and other education facilities in Kenya.

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

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

The contractor shall hire the services of licensed architects/engineers in Kenya to prepare the necessary designs and technical projects which are required for the scope of work included in this document. It must be noted that the US Government has provided sample drawings from the Ministry of Education.

However, it is the contractor’s responsibility to hire the services of a licensed architect/engineer in Kenya to use this information to prepare a new technical project with the same scope of work. Alternatively, the contractor can take ownership and responsibility for the available preliminary designs. However, in this case, the contractor would be responsible to complete the designs in order to prepare all necessary technical documents and projects required by Kenyan regulations for the required scope of work. The contractor shall provide the final work as a complete and usable facility, including all items which are required by Kenyan regulations and which may not be described in this document.

Technical details, items of work, permits or fees that are not explicitly described in this document, but which are necessary to provide fully operational and finished facilities shall be considered part of this contract.

1.4 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 Kenya governing life/safety, fire protection, building construction, and electrical systems in effect during this contract, except where specifically stated herein. Any material installed that does not meet the requirements of this Technical Specification and/or applicable Kenyan codes, ordinances and regulations will be removed and reinstalled at Contractor’s expense.

Construction Standards. All construction shall meet relevant Kenyan building codes, shall use designs/materials consistent with other Kenyan construction, and shall require minimal maintenance. If no building standards exist in Kenya 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/).

1.5 GENERAL DESIGN-BUILD CONTRACT DESCRIPTION

The method of completion for this project is Design-Build. The Contractor is responsible for both the design and construction of the facility. The US Government shall only provide conceptual plans, general specifications, and requirements. The Design-Build project includes two phases: Design and Construction.

1.5.1 Design Phase

The Contractor shall provide a complete design prepared in compliance with applicable architectural, engineering, planning and construction codes of Kenya and the local municipality. The Contractor shall utilize services of architects and engineers licensed to practice in Kenya.

For those items of work which do not require a formal Construction Permit or design, the licensed architect/engineer 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.

This is a DESIGN-BUILD contract in which the US Government has provided sample drawings from the Ministry of Education. This Performance Technical Specifications (PTS) includes a description of the required finished work. This means that the contractor is responsible to:

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

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

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

- Execute the construction/renovation works

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

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

The design shall be prepared in compliance with applicable construction codes, urban planning and construction practices in Kenya.

For those elements that are required by Kenyan regulations, the contractor shall hire (and pay for) the services of a “Revision Entity - Expertise” authorized by the Government of Kenya 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 Kenyan regulations, but all their services shall be paid by the contractor. In case Kenyan regulations do not allow for the contractor to be the client for this independent review, the contractor shall pay for the third party review and assign a different party as the client for this independent company, which could be the Municipality, a representative from the Ministry of Education, or other agency authorized by the Contracting Officer

The contractor’s final designs and sketches shall be signed, stamped and certified by a licensed architect/engineer in Kenya. 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 Kenya and the different agencies involved in the process.

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

A design-build contract means that the contractor is responsible not only to perform the works described in this document, but to prepare all necessary designs and technical projects. However, this document includes sample design drawings in Annex A. The contractor must hire a Kenyan licensed/certified architect/engineer to prepare a new technical project as necessary to request the formal authority to start works (Construction Permit) and to get formal acceptance of the works once these are completed.

The contract execution requires performing the works as described in this PTS with guidance provided by sample drawings included in Annex A. The sample design drawings were prepared for a different school project for the beneficiary (Ministry of Education), however these are provided to assist in describing the scope of work of this contract. This document includes additional technical requirements to those included in the sample drawings. The contractor shall hire the services of a licensed architect/engineer in Kenya to prepare the new design in consideration of the sample drawings provided in Annex A in addition to the notes contained herein.

The contractor is responsible to review, modify, amend and extend, if necessary, the available information in order to comply with the latest Kenyan regulations. If any of the available sample drawings comply 100% with all applicable Kenyan regulations, the contractor can utilize the drawings included in the Annex, with the notes and exceptions and additional requirements described in this Performance Technical Specifications (PTS) document. The contractor shall be responsible, and it shall be part of their contract, to perform all works included in their designs. All designs shall include the items of work included in this document, as well as those items of work not included in this document, but required by Kenyan regulations in order to have perfectly operational and functional facilities.

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

1.6 Omissions from the Project Specifications

The design shall be based upon the requirements described in this document, including the sample drawings in Annex A. If any work is not specified in these documents, but it is required for the formal acceptance of the renovated, improved or rebuilt areas and/or works, the contractor shall consider this installation to be part of this design-build contract, and they shall use commercial grade materials and equipment in compliance with Kenyan Code, regulations 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, Kenyan 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 Kenyan 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 fully operational classroom and sanitation building facilities shall be considered part of this contract.

The beneficiary (Ministry of Education) 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 Kenyan. 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 Kenyan regulations, the contractor only has a contractual obligation to follow the technical alternative outlined in this document and its annexes.

1.7 Construction Permit or Authorization – Construction Permit

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

The contractor is required, as part of this contract, to prepare all documentation, designs, reports, information, drawings, coordination and approvals by experts or monitoring entities, and everything that may be necessary as required by Kenyan 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 Kenyan 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 Kenya for any construction works in public schools.

The contract requires not only the Construction Permit for the main renovation construction works, but other permits by different agencies, such as the electrical supply, gas, water, telephone or Internet provider that may be required by the scope of work of this contract. The contract includes all necessary coordination with all incumbent Kenyan agencies involved in the design, renovation and renovation of schools in Kenya. This includes paying for any official fee or tariff that these companies or agencies may have for the connection and for preparation of the necessary reports and technical studies. No work shall be performed until the contractor sends to the Contracting Office Representative verifiable evidence that they have obtained all the necessary permits for each element of work included in this contract.

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

1.8 Measurements and Quantities

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

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

1.9 Prohibited Items

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

- Use of aluminum for electrical conductors.

- Embedding aluminum conduit in concrete.

- Use of fluorescent light ballasts and other products containing PCBs.

- 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 nonvolatile content.

The use of ozone depleting chemicals is prohibited. The use of zinc-chromate is prohibited.

- The use of materials containing asbestos is prohibited.

1.10 Start of Construction

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

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

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

- Provides technical information and technical projects for the designs, including proposed materials and equipment to be used for the project. Only materials and equipment previously accepted by the Contracting Officer Representative shall be brought to the site.

- The Contracting Officer Representative accepts their Accident Prevention Plan which shall be prepared following the guidelines and requirements of US regulation (EM385-1-1). A sample format shall be provided to the contractor after award of the contract.

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

- The Contracting Officer Representative accept their Construction Schedule.

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

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 Nairobi.

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

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

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

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

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

Execution of this construction contract requires compliance with Kenyan 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 Kenyan 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 The Safety Manual has more stringent safety requirements than those required by Kenyan laws, regulations, codes of practice and these requirements are not in conflict with local safety regulations.

A digital copy of The Safety Manual can be found online at:

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

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.

Per the EM-385-1-1, the contractor shall designate a competent person to function as the primary Site Safety and Health Officer (SSHO) as their full-time responsibility. The SSHO must be someone other than the supervisor or quality control (QC) person, and they must meet the requirements specified in the Safety Manual.

The contractor must ensure all personnel on the construction site wear the proper personal protective equipment (PPE), specifically hard hats, close-toed shoes and high-visibility vests.

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

- The contractor is responsible for the safety of the contractor’s employees, subcontractors, visitors and the general public, as they could be affected by this construction project. Contractor shall provide proper fences or barricades to separate the construction areas from the rest of areas of the installation.

- The contractor is responsible to comply with all Kenyan safety codes of practice, regulations and laws.

All costs of compliance with safety and with Kenyan 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 Kenyan 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 Kenyan law. The contractor shall verify that all employees of the prime contractor or any subcontractor employed in this project meet the legal requirements of Kenyan Law.

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

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

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

- The Contractor shall comply with all applicable safety regulations of Kenya, 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 (5 kg) capacity each.

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

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

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

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

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

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

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

Special Measures for Protection from Harassment, Exploitation and Abuse

The contractor agrees to follow the following safeguarding principles:

- Contractor will ensure compliance with all host country and US laws and regulations, whichever provides greater protection. This includes all laws and regulations with respect to harassment, child welfare and protection.

- Prohibit all personnel from engaging in harassment, exploitation or abuse of anyone, and in particular children.

- Consider child safeguarding in project planning and implementation.

- Apply measures to reduce the risk of harassment, exploitation or abuse including the following:

- Contractor must prepare and enforce a training plan for its employees and subcontractors to safeguard members of the local community from exploitation, harassment and abuse, including all teachers and staff.

- All contact with teachers, staff and children is strictly prohibited unless otherwise authorized by designated representatives from the school.

- Contractor must remove any employee or subcontractor found to violate these principles and inform the COR immediately.

1.14 Responsibility and Ownership of Removed Materials

Unless otherwise specified, it is assumed that all refuse shall be disposed of by the Contractor off-site, in accordance with applicable Kenya regulations.

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

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.

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; 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.

1.17 Submittals – Technical Information

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

1.18 Deliverables

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.

Design and administrative deliverables:

Technical submittals shall include:

Construction sign design Commemorative plaque design Windows Porcelain floor tiles Wrought iron fence Doors Wall tiles Vinyl Flooring Lighting switches Wall tile metal edge protection Septic tank

1.19 Photographs

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

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

1.20 Certifications, Licenses, Permits, Fees, etc.

The contractor shall be legally capable of performing construction and design works in Kenya, as required by Kenyan 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 Kenyan legislation.

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

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 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.

Conceptual Design Schedule of Prices Pre-final Design Act of Acceptance Final Design Warranty letter Construction Permit List of spare parts Accident Prevention Plan List of training Quality Control Plan Final documents / As-builts

The Contracting Officer Representative may require at any time evidence of proper construction licensing of the contractor.

Contractor shall coordinate all permit requirements with the competent local authorities as required.

Submit all completed permit application material, and associated back-up material, required to operate facilities, to the Contracting Officer for comments, prior to agency submission. Contractor shall be responsible for complying with environmental laws, regulations and requirements.

1.21 Quality Control and Quality Control

The contractor is responsible for the quality of the works and for the quality control of their activities.

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

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

The Superintendent must have a minimum of 5 years of experience as a Superintendent on previous projects of similar size and complexity. The Superintendent may not serve as the Site Safety and Health Officer (SSHO). Provide a Superintendent resume for the proposed on-site Project Superintendent describing experience with references and qualifications to the Contracting Officer for approval. The Contracting Officer reserves the right to interview the proposed on-site Project Superintendent at any time in order to verify the submitted qualifications.

The Quality Control Manager is responsible for the QC program. The Superintendent may not 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.

Annex B includes a guideline for the preparation of the Quality Control Plan.

1.22 Construction Sign

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

- Sign (approximate dimensions 800 mm by 1200 mm) shall be constructed of wood and supported by wooden or metal posts.

- Paint shall be water resistant.

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

- Project name shall appear at the top center in 76 mm (3 inch) tall capital block letters

KWA NJENGA PRIMARY SCHOOL

- Flags of Kenya and the United States of America and the logos of USAFRICOM and NAFACSYSCOM.

- The logos of US AFRICOM and NAVFAC

- The following text:

“In cooperation with the Kenyan Government, funding for this project is provided by the United States Government and provided to the people of Kenya.”

- Construction start and completion dates

- The Contractor may also add the Contractor company name at the bottom of the sign. The sign shall be placed in a location to be determined by the Contracting Officer or Contracting Officer’s Representative.

The Contractor shall submit a proof of the sign for approval prior to construction. The sign shall be placed in the location determined by the Contracting Officer’s Representative (COR) in such a way as to provide the most visibility to passers-by.

1.23 Dedication Sign

Provide each project with a dedication sign at the project site at least 2 weeks prior to project completion. No later than 4 weeks prior to the planned project completion, the Contractor shall contact the Contracting Officer or Contracting Officer’s Representative regarding final wording for the dedication sign. The Contractor shall provide a proof of each sign for approval prior to manufacturing the sign. The approximate size of the signs shall be approximately 800 mm x 1200 mm. The signs shall be constructed of sheet metal with a water-resistant coating and affixed directly to the building at a location approved by the facility administrator and the Contracting Officer (or Contracting Officer’s Representative) to provide optimal visibility. Each sign shall have a frame around it. The frame material shall be stone or metal and be approved by the Contracting Officer prior to installation.

The project name shall appear at the top center in 76mm (3 inch) tall block letters.

KWA NJENGA PRIMARY SCHOOL

Example of typical required construction sign

The following wording shall be in 38mm (1.5 inch) sentence case lettering:

An everlasting example of friendship between the people of Kenya and the United States.

DD Month, YYYY

CELEBRATE EDUCATION!

Additionally, it should include the following wording on the bottom in 20mm (0.75 inch) inch sentence case lettering:

Dedicated by the people of Kenya and the United States of America

The sign should also include the flags of Kenya and the United States of America

1.24 Invoice Payment

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

** NO ADVANCE PAYMENT IS AUTHORIZED **

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

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

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

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