N3319123R4012 Romanian School Attach 1 - PTS.pdf

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

Final

WORK ORDER NO. 1745573

Performance Technical Specifications (PTS) for Design-Build

Design-Build Extension and Improvements to Primary School

At

Sarichioi, Tulcea County, Romania

FINAL

March 26, 2023

PREPARED BY:

NAVFAC EURAFCENT

Expeditionary Business Line (EXBL)

Naples (Italy)

Written by: Jose A. Hernandez Forja, P.E. (Spain)

Reviewed by: Donna Covington, RA, LEED AP.

OHASIS RO-HA-2022-00070132

44°56'40.9"N 28°51'16.3"E

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

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 AND MILESTONES – 750 DAYS

1.12 CONSTRUCTION SCHEDULE (BAR CHART IS AUTHORIZED)

1.13 SAFETY: ACCIDENT PREVENTION PLAN

1.14 COORDINATION

1.15 RESPONSIBILITY AND OWNERSHIP OF REMOVED MATERIALS

1.16 SPECIAL SITE CONDITIONS

1.18 SUBMITTALS – TECHNICAL INFORMATION

1.19 DELIVERABLES

1.20 PICTURES

1.21 CERTIFICATIONS, LICENSES, PERMITS, FEES, ETC

1.22 QUALITY CONTROL AND QUALITY CONTROL PLAN

1.23 CONSTRUCTION SIGN

1.24 PAYMENT – USING WAWF IS REQUIRED

1.25 SCHEDULE OF PRICES

1.26 UTILITIES

1.27 DAMAGES/IMPACT TO EXISTING FACILITIES

1.28 CLEANING

1.29 SPARE PARTS AND MATERIALS

1.30 WARRANTY AND TRAINING

1.31 CLOSE-OUT PROCEDURE

2 STATEMENT OF WORK

2.1 LOCATION OF PROJECT

2.2 GENERAL SCOPE OF WORK – STRUCTURE OF THE CONTRACT

2.3 PLOT OF LAND

2.4 CONCEPTUAL SKETCH

2.5 GENERAL PROCEDURE

2.6 BASIS OF DESIGN OF CONSTRUCTION OF NEW ANNEX

2.7 BASIS OF DESIGN OF BATHROOMS FOR YOUNGEST CHILDREN

2.8 BASIS OF DESIGN OF NEW CONSTRUCTION (CONNECTION WITH BATHROOMS) 33

2.9 ROOF (EXISTING BUILDING AND NEW CONSTRUCTION)

2.10 ROOF THERMAL INSULATION (EXISTING BUILDING AND NEW CONSTRUCTION) 35

2.11 FAÇADE THERMAL INSULATION

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

2.13 WATER CONNECTION, WATER PIPES AND HOT WATER

2.14 ELECTRICAL CONNECTION

2.15 ELECTRICAL INSTALLATION FOR NEW CONSTRUCTION

2.16 LIGHTING – LED TECHNOLOGY

2.17 FIRE ALARM

2.18 HEATING

2.19 EXTERIOR WINDOWS

2.20 EXTERIOR DOORS

2.21 INTERIOR DOORS

2.22 FLOOR SURFACES

2.23 CEILINGS

2.24 WALL SURFACES

2.25 SPECIFIC REQUIREMENTS FOR CLASSROOMS

2.26 SPECIFIC REQUIREMENTS FOR BATHROOMS

2.27 PICTURES TO DESCRIBE THE SCOPE OF WORK

2.28 SPECIFIC REQUIREMENTS FOR STORAGE ROOM

2.29 SCAFFOLDING

2.30 COMMEMORATIVE PLAQUE

3 ANNEXES

3.1 ANNEX 1: GUIDELINE TO PREPARE THE QUALITY CONTROL PLAN

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

1. GENERAL REQUIREMENTS

1.1. Taxation – Project is VAT exempt

This construction contract is exempt from VAT.

The contractor is required to coordinate with the US Embassy and with competent Romanian authorities in order to obtain the VAT TAX EXEMPTION that applies to this contract. Contractor is required to make all necessary coordination and to allow for time for approval of the VAT Tax Exception.

As such, The US Government will award this contract exempt from VAT taxes, and consequently the US Government will not pay any VAT taxes to the successful company who will get the award of the contract.

It shall be the contractor's responsibility to work directly with Romanian fiscal authorities on the implementation of the applicable tax exemption applicable for this assistance program.

The Office of Defense Cooperation in Romania will provide the documents that may be requested by the contractor to certify that they are the company selected by the US Government to execute the necessary design and construction works included in this assistance contract. However, it is solely the contractor's responsibility to follow and implement the necessary procedures in strict compliance with Romanian regulations to exercise the free taxation agreement.

The US Government will not be responsible, nor will be financially liable for any mistakes or errors in the contractor's procedures for the correct implementation of the tax-free agreement that applies to this United States assistance project.

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.

1.2. General Legal Requirements and Representation

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

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

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

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256 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 Romania, 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 design and the construction of this project 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 Romanian technical and legal regulations, with special emphasis on the specific technical regulations regarding the design, renovation and construction of educational facilities.

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

(USACE EM 385-1-1) is more strict and not in conflict with the Romanian 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, workers and children.

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

1.3 Construction Standards

Romania is part of the European Union and therefore all technical requirements of the European Union are technical requirements of this contract. Legal requirements of the European Union and of Romania take precedence over any other requirement described in this document.

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

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 Romania 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 Romanian codes, ordinances and regulations will be removed and reinstalled at Contractor’s expense.

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

1.4 Omissions from the Project Specifications

The design shall be based upon the requirements described in Part 2, Section 2 which is included in Paragraph 2 of this PTS. If any installation is not specified in this Part, Section or Paragraph, but it is required for the formal acceptance of the newly constructed, renovated, improved or rebuilt areas and/or works, the contractor shall consider this installation to be part of the contract, and they shall use commercial grade materials and equipment in compliance with Romanian Code and common construction practice.

The work shall meet all requirements of this Request for Proposal (RFP) package. Drawings to be as required in this RFP and with sufficient detail to communicate the design to the US Government, Romanian 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 regulations of Romania. The PTS are a guideline for the design package. If an item in the project design is included in this PTS, the requirements of the PTS and applicable local codes shall govern. If an item in the project design is NOT included in the PTS, the requirements of applicable local codes shall apply.

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

For the purposes of this contract, the beneficiary of the contract is the Municipality of Campia Turzii. As such, representatives from the beneficiary 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 contractor shall provide a Monitoring Entity to participate, review and approve the design documents as required by the regulations of Romania. 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 of Romania. 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 regulations of Romania, the contractor only has a contractual obligation to follow the technical alternative outlined in this document.

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

1.5 General Design/Build Contract Description

This is a DESIGN-BUILD contract and the contractor shall provide the corresponding technical projects or designs for each element of the scope of work that is described in Paragraph/Section 2.

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

This PTS includes a description of the required finished work. This means that the contractor is responsible to:

- 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 all pertinent and competent authorities of Romania, including the appointed representatives the beneficiary.

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

- Execute the construction/renovation works

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

The contract includes all necessary items of work in order for the newly built and renovated areas to be certified in compliance with latest Romanian standards and regulations for public schools, with the additional features and elements described in this document. This includes preparation of the required designs, technical projects, geotechnical reports, surveys, permits, certifications as well as any required coordination with local authorities. The contract also includes processing and paying for any potential fees that may be required in order to obtain the required Construction Permits or utility connection.

This document (PTS) includes extremely conceptual sketches that the contractor shall use exclusively to describe the general scope of works. The contractor shall hire the services of a licensed architect in Romania to design the optimal solution within the footprint and scope of works described in Paragraph/Section 2.

The design shall be prepared in compliance with applicable construction codes, urban planning and construction practices in Romania in general and in Tulcea County and Sarichioi in particular.

The contractor shall hire the services of a licensed architect/engineer in Romania to design all works with all items described in this document. For those items of work which may not require a formal Construction Permit or design, the architect licensed in Romania 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.

The architect or engineer hired by the contractor shall formally approve all phases of work, and shall include a statement on each invoice certifying that the work for which payment is requested complies with the approved project and with Romanian regulations.

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

The design portion of the contract has different phases, which will require the contractor to provide, submit and process different documents, drawings, permits and/or calculations for approval or acceptance of all parties involved in the design process. The contractor’s final designs and sketches shall be signed, stamped and certified by a licensed architect in Romania (or engineer if required by regulations). 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 Romania and as required by the different agencies involved in the process.

The US Government representative shall not approve the design, but they shall “accept” the design. The contractor’s design team shall be responsibility to “approve” the design once it is “accepted” by the COR. The contractor shall follow the required steps in Romania for this type of design.

Provide the Final work as a complete and usable facility including technical details, items of work, permits or fees that are not explicitly described in this RFP, but which are necessary to provide a fully operational and finished facility shall be considered part of this contract. These technical details, items of work, permits or fees mentioned in the previous phrase are an integral part of this contract, and therefore they are the contractor’s responsibility.

All construction works shall be executed as required by regulations of Romania, with the required foreman licensed in Romania, and technical supervision licensed in Romania. The contractor shall perform the work in strict compliance with the construction codes and regulations of Romania. The contractor is responsible to provide a copy of a Construction Permit issued by the corresponding Romanian authority, and those permits that are required for the utility connections. The contractor is responsible to prepare any required documentation and/or designs that will be required in order to obtain these permits. No work shall be executed until the corresponding construction permit is issued by the competent authority, and a copy provided to the COR.

As required by Romanian regulations, and for those elements that are required by Romanian regulations, the contractor shall hire (and pay for) the services of a “Revision Entity”, “Expertise”, or “Technical Supervision” authorized by the Government of Romania to supervise and approve each phase of the design and the construction, including final commissioning and acceptance of the completed works. This company would report directly to the US Government representative and the beneficiary if required by the Romanian regulations, but all their services shall be paid by the contractor. In case the regulations of Romania 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 County, or other agency authorized by the Contracting Officer

Note: The contractor needs to be familiar with the regulations of Romania, in order to account for the different required permits, reviews and authorizations for renovations of public facilities in general and for construction of school and other education facilities in particular.

1.6 Construction Permit or Authorization – Construction Permit

The contractor shall obtain formal written authorization from the competent authority in Romania to perform the works included in the scope of work of this project. The US Government does not own the building, which is the property of the Municipality. Therefore, the US Government cannot authorize the start of work or the performance of any works. However, the US Government will

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256 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 or monitoring entities, and everything that may be necessary as required by regulations of Romania, in order to obtain these Permits or Authorizations. The contractor is responsible to pay for any third party inspection (or expertise) or technical supervision that may be required by applicable 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 Romania for any renovation works in public facilities and for the construction of new public facilities.

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

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

1.7 Measurements and Quantities

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

The contractor is responsible to verify site conditions and to prepare all necessary inspections and reports before preparing the design and technical projects. This includes detailed inspection of the structure of the facility to account for the required structural repairs and reinforcements. The contractor shall visit and inspect the work site prior to submission of their offer to the US Government. In order to visit the site, the contractor shall coordinate with the representative and Program Manager from the United States Office of Defense Cooperation in Bucharest:

Corina Maria Negoita, Bilateral Affairs Program Assistant Humanitarian Assistance Program Manager, Office of Defense Cooperation U.S. Embassy Bucharest - ROMANIA Office: +40-21-317-3241 (BAO/HA Assistant extension) Fax: +40-21-317-2366 E-mail: corina.negoita.ln@mail.mil

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

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

1.8 Prohibited Items

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

- Use of aluminum for electrical conductors.

- Embedding aluminum conduit in concrete.

- Use of electrical cables without conduits.

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

- Use of incandescent lighting

- Use of urea-formaldehyde foam insulation products.

- Use of any paint/coatings having a lead content of over 0.06 percent by weight of non-volatile content.

- The use of ozone depleting chemicals.

- The use of materials containing asbestos.

- The use of chromed materials for bathroom equipment and accessories

- The use of non-homogeneous floor tiles

1.9 Start of Construction

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

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

- They provide copy of the required permits or authorizations from the competent Romanian authority authorizing the execution of the works.

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

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

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

- The Contracting Officer Representative accept their Construction Schedule

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

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

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 beneficiary or 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 – 750 days

Perform all work within 750 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 750 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 60 days after contract award. Text and design to be approved by US Embassy in Belgrade.

Construction/Design Schedule Submit within 60 days after contract award date

Accident Prevention Plan and Quality Control Plan

Submit within 60 days after contract award date.

Conceptual Design Submit within 120 days after contract award date

Final Design Submit within 210 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 regulations of Romania, with minimum of 10 years against water infiltration (roof and walls) and 1 year for all other 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 750 calendar days after contract award. Within 60 days after contract award, the contractor shall provide a construction schedule including a minimum of 50 activities, and clearly defining the different phases.

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

1.13 SAFETY: Accident Prevention Plan

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

PRECEDENCE OVER ANY OTHER FACTOR.

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

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

Additionally, the safety plan must address types of personal protective equipment to be used by personnel, the types and frequencies of safety inspections, hazard analysis plan to prevent safety incidents, and the 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 Romanian Law.

Execution of this construction contract requires compliance with Romanian 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 Romanian regulations/legislation.

- Safety of the people shall be the highest priority of the contractor.

- Separate construction activities from the children by physical fences and barriers, as required by regulations.

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

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

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

- The contractor is responsible for the safety of the contractor’s employees, subcontractors, visitors and the general public, as they could be affected by this construction project.

Contractor shall provide proper fences or barricades to separate the construction areas from the rest of areas of the village and the school.

- The contractor is responsible to comply with Romanian Safety Code. All costs of compliance with safety and with Romanian 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.

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

- 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 Romanian 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 Romanian Law. The contractor shall verify that all employees of the prime contractor or any subcontractor employed in this project meet the legal requirements of Romanian 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 Romania, including all required record keeping.

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

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

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

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

- Contractor shall acquaint themselves with the location of utilities, which may be encountered or be affected by work, and shall be responsible for damage caused by neglect to provide proper precautions or protection. If needed, the contractor shall contact any local authorities or utility companies to locate any utility service, (and pay for their services if needed). In case the contractor breaks or damages any underground utility, such as water or electrical or sewage installation, they shall be responsible to repair all damages.

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

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

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

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

1.14 Coordination

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

The contractor is not responsible to coordinate anything with the neighbors or owners of adjacent properties. Any necessary coordination shall always be done accompanied by a representative of the Municipality.

The facility will remain operational during the performance of the works. The contractor shall coordinate with the School Director any construction activities that could affect the normal operation of the school.

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

- Inform NAVFAC 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 on-site works shall be closely coordinated with the School Director or the person officially appointed by the Municipality. The contractor would be responsible for the energy consumption until the day that the renovated facility is formally accepted.

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

1.15 Responsibility and Ownership of Removed Materials

All refuse or salvaged materials is the property of the owner (Municipality of Sarichioi), and the contractor shall move them to a location within the Municipality. Prior to moving them to the location that the beneficiary will indicate, the contractor shall properly clean everything. The contractor will not be held responsible in case something is damaged or broken during its removal or transportation. The contractor should inform the beneficiary in case something to be moved is very fragile or valuable, in case the beneficiary prefers to move it themselves.

This includes for example the existing electrical installation to be removed.

Those elements that the owner shall not request will become the property of the Contractor and shall be disposed of, off-site, in accordance with applicable regulations of Romania. The Contracting Officer Representative may ask for receipts of proper disposal of debris, or excess materials.

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

1.16 Special Site Conditions

Confine all operations, equipment, apparatus and storage of materials, to the immediate area of the project site to the greatest possible extent. Contractor shall 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 contactor shall provide solid metal fences, with at least 2 meters height. The contractor shall confine all construction activities within the fenced area.

1.17 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 Romanian legislation, they will need to prepare many other documents also in Romanian language; but 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 connectivity. 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 Romanian.

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

1.18 Submittals – Technical Information

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

1.19 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.

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 Roof insulation Toilet partitions Wall tile metal edge protection Radiators Sinks Metal ceiling panels Windows Faucets Acoustic ceiling panels Window blinds Urinals Electrical conduits Exterior doors Roof sheeting Electric panel Interior Doors Toilets Light switches Door signs Scaffolding Lighting fixtures Water piping Commemorative plaque design Electrical receptacles Façade insulation Paint Water heater

1.20 Pictures

Once construction starts, the contractor shall email digital photos explicative of the construction progress status on weekly basis. The photos shall also show workers in action. The COR will use these pictures to monitor the contractor’s performance and to validate the progress monthly invoices. The US Government will not process payments unless the contractor provides complete and verifiable evidence of the work performed.

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

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

1.21 Certifications, Licenses, Permits, Fees, etc.

The contractor shall be legally capable of performing in Romania the construction and design works that are included in this contract, including the legal requirements to obtain the tax exemption in accordance with Romanian regulations. 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 Romanian legislation.

The fact that the US Government is funding and managing this contract does 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 Romania was managing and funding this contract.

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

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 or 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.

1.22 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 QC 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.

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

Example of typical required NAVFAC construction sign and the additional construction sign required by Romanian regulations (picture from NAVFAC construction project to build a new kindergarten in Caracal)

1.23 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 Ukraine and the United States of America

- Logos of EUCOM and NAVFAC EURAFCENT.

- The following text (to be approved by US Embassy): THESE CONSTRUCTION AND

RENOVATIONS ARE FUNDED BY THE UNITED STATES EUROPEAN COMMAND AND

PROVIDED TO THE PEOPLE OF ROMANIA. EXECUTIVE AGENT: US EMBASSY IN

ROMANIA. CUSTOMER: US NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND.

PRIME CONTRACTOR:?

- Start and completion dates.

- Same text in Romanian

NAVFAC logo to be used

D&B Extension and Improvements to Primary School building, Sarichioi, Tulcea County, Romania OHASIS ID-67256

1.24 Payment – Using WAWF is required

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

NO ADVANCE PAYMENT IS AUTHORIZED. Payment shall be performed following the principle of partial payment for work completed and incorporated to the project.

Payment shall be phased as detailed herein:

- First payment: The COR shall authorize the first payment for maximum 6% when Construction

Permit is issued and the contractor meets all requirements to start construction works.

- Partial monthly payments as agreed with the Contracting Officer Representative and in accordance with the Schedule of Prices as described in section 1.24

- Last partial payment (before final payment): Maximum of 80% (cumulative). There shall be no partial payments from 80 to 100%.

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

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

First: Contractor shall send email to the COR with proposed cost breakdown to justify the amount requested, clearly separating each Contract Line Item (CLIN) if applicable.

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

Third: Contractor to submit the invoice in WAWF, manually adding the email address of the COR after submission of the invoice.

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

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