Attachment 1 - PTS Floresti Primary School.pdf

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

Version: Final, dated 17 February 2024

WORK ORDER NO. 1789173

Performance Technical Specifications (PTS) for Design-Build

Renovations & Improvements to the Elementary Block of Mihai Eminescu Lyceum

At

Floresti, Moldova

FINAL

February 17, 2024

PREPARED BY:

NAVFAC EURAFCENT

Expeditionary Directorate (ED)

Naples (Italy)

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

Reviewed by: Donna Covington, RA, LEED AP.

MD-HA-2023-00082441

47°53'16.9"N 28°17'17.3"E

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

Contents

1. GENERAL REQUIREMENTS

1.1. TAXATION

1.2. GENERAL LEGAL REQUIREMENTS AND REPRESENTATION

1.3 CONSTRUCTION STANDARDS

1.4 OMISSIONS FROM THE PROJECT SPECIFICATIONS

1.5 GENERAL DESIGN/BUILD CONTRACT DESCRIPTION

1.6 CONSTRUCTION PERMIT OR AUTHORIZATION – CONSTRUCTION PERMIT

1.7 MEASUREMENTS AND QUANTITIES

1.8 PROHIBITED ITEMS

1.9 START OF CONSTRUCTION

1.10 RESPONSIBILITY FOR NEW MATERIALS

1.11 CONSTRUCTION/DESIGN SCHEDULE AND CONTRACTUAL MILESTONES – 700 DAYS ... 10

1.12 CONSTRUCTION SCHEDULE (BAR CHART IS AUTHORIZED)

1.13 SAFETY: ACCIDENT PREVENTION PLAN

1.14 COORDINATION

1.15 SPECIAL SITE CONDITIONS

1.17 SUBMITTALS – TECHNICAL INFORMATION

1.18 DELIVERABLE

1.19 PICTURES

1.20 CERTIFICATIONS, LICENSES, PERMITS, FEES, ETC

1.21 QUALITY CONTROL AND QUALITY CONTROL PLAN

1.22 CONSTRUCTION SIGN

1.23 PAYMENT – USING WAWF IS REQUIRED

1.24 SCHEDULE OF PRICES

1.25 UTILITIES

1.26 DAMAGES/IMPACT TO EXISTING FACILITIES

1.27 CLEANING

1.28 SPARE PARTS AND MATERIALS

1.29 WARRANTY AND TRAINING

1.30 CLOSE-OUT PROCEDURE

2 STATEMENT OF WORK

2.1 LOCATION OF PROJECT

2.2 GENERAL SCOPE OF WORK – STRUCTURE OF THE CONTRACT

2.3 SCOPE OF WORK OF BASE-BID OR CLIN001

2.3.1 NEW BATHROOMS

2.3.2 NEW ROOF FOR THE EXISTING BUILDING

2.3.2.1 ROOF DEMOLITION

2.3.2.2 NEW THERMALLY INSULATED ROOF

2.3.3 NEW THERMALLY INSULATED FAÇADE

2.3.3.1 REPLACEMENT OF REMAINING WOODEN WINDOWS

2.3.3.2 REPLACEMENT OF WOODEN EXTERIOR DOORS

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

2.3.3.3 REPLACEMENT OF MAIN ENTRANCE COVERED AREA (CANOPY)

2.3.3.4 FAÇADE REPAIRS AND THERMALLY INSULATED FAÇADE (12 CM)

2.3.4 PICTURES TO DESCRIBE THE WORKS

2.3.5 UPGRADES AND REPAIRS TO A SECTION OF THE GROUND FLOOR (APPROX. 75 M²) ... 57

2.3.5.1 DEMOLITIONS

2.3.5.2 LAYOUT

2.3.5.3 FLOOR

2.3.5.4 WALLS FINISHES

2.3.5.5 CEILING FINISHES

2.3.5.6 NEW INTERIOR DOORS

2.3.5.7 ELECTRICAL

2.3.5.8 LIGHTING – LED TECHNOLOGY

2.3.5.9 PICTURE TO EXPLAIN THE SCOPE OF WORK

2.3.6 ELEVATED WORKING PLATFORMS

2.3.7 COMMEMORATIVE PLAQUE

2.4 SCOPE OF WORK OF CONTRACT OPTION-1 OR CLIN002

2.4.1 STAIRWAY

2.4.2 ELECTRICAL INSTALLATION

2.4.3 FIRE ALARM

2.4.4 PICTURE TO DESCRIBE THE SCOPE OF WORK OF CLIN002

3 ANNEXES

ANNEX 1: GUIDELINE TO PREPARE THE QUALITY CONTROL PLAN

ANNEX 2: AVAILABLE PARTIAL DESIGN FOR THE CONSTRUCTION OF NEW BATHROOMS

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

1. GENERAL REQUIREMENTS

1.1. Taxation

This renovation and energy efficiency improvement contract is subject to the Moldovan

Government Decision No. 246 of 08.04.2010 on the application of the zero rate of VAT on the supply of goods and services in the country and providing tax and customs exemptions for ongoing projects of technical and investment assistance covered under the international treaties to which the Republic of Moldova is part. As such, the US Government will not pay

VAT on any invoices related to this construction contract. The contractor is required to coordinate with the US Embassy and with competent Moldova authorities in order to implement the procedures as required by the Moldovan Government in order to obtain the

VAT TAX EXEMPTION that applies to this contract as detailed and specified in the referenced Moldovan regulations.

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

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

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

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

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

1.2. General Legal Requirements and Representation

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

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

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

- 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 Moldova, that the contractor shall hire, to perform the design and construction verification that may be required by Moldovan regulations.

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 Moldovan technical and legal regulations, with special emphasis on the specific technical regulations regarding energy efficiency projects and renovation projects in public schools in Moldova.

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

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

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

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

1.3 Construction Standards

Construction shall be in accordance with sound construction practices, and shall conform to the latest Moldovan revision/edition of the codes, criteria, and standards in effect in Moldova at the time of submission of the bids, except as otherwise indicated by this Request for Proposal. Construction shall also comply with applicable codes, ordinances and regulations of Moldova governing life/safety, fire protection, energy efficiency, building construction, and electrical systems in effect during this contract, except where specifically stated herein. The contractor shall remove and reinstall at their expense any installed material that does not meet the requirements of this Technical Specification and/or applicable Moldovan codes, ordinances and regulations.

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

The design and construction shall comply with all applicable laws and regulations in Moldova.

Some of the most relevant laws and regulations are listed below:

- Municipal construction and esthetics requirements in Floresti

- Law of the Republic of Moldova concerning quality in constructions No. 721/02.02.96

(Legea Republicii Moldova privind calitatea în construcţii nr.721/02.02.96 (Monitorul Oficial 25/259, 25.04.1996))

- Laws - No. 835 dated 17 May 1996, about the basis of urban construction and landscaping, № 721 dated 02 Feb 1996, about the quality in construction

- Law № 163 dated 09 Jul 2010, about permits to implement construction works

- Standards 2.07.01-08, Urban Construction. Planning and Construction of city and village localities

- Standards NCM C.01.12:2018, public buildings and structures

During the construction, NAVFAC may request the inspection of the site by the Moldovan Construction Inspectorate to verify and confirm compliance with all applicable local regulations.

The fact that the US Government is financing this project does not constitute any waivers on the local applicable laws and regulations pertaining the execution of this design/build contract.

1.4 Omissions from the Project Specifications

The contractor shall prepare a technical project/design for the scope of work described in paragraph 2 of this document including all technical requirements described in such paragraph. If this document does not specify any work, detail, element or installation that is required by the applicable regulations for the formal acceptance of the renovation project, the contractor shall consider this work, detail, element or installation to be part of the contract, and they shall use commercial grade materials and equipment in compliance with Moldovan Code and common construction practice.

The work shall meet all requirements of this Request for Proposal (RFP) package. Drawings to be as required in this RFP and with sufficient detail to communicate the design to the US Government, Moldova authorities, final beneficiary, contractor’s staff and sub-contractors. Material selection, specifications and installation to be as described in these Performance Technical Specifications (PTS) and in strict compliance with Moldova regulations. The PTS are a guideline for the design package. If an item in the project design is included in this PTS, the requirements of

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441 the PTS and applicable local codes shall govern. If an item in the project design is NOT included in the PTS, the requirements of applicable local codes shall apply.

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

The beneficiary (School Director and representatives from the Municipality of Floresti) will participate in the development of the design and during renovation, 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 also participate, review and approve the design. They shall take responsibility over the design documents. Nevertheless, the Monitoring Entity shall not have any authority to add, delete or modify work in this project, and shall only provide their recommendations to guarantee strict compliance with applicable regulations on Moldova. If they recommend a different and more expensive technical alternative to some technical alternative outlined in this document, but the one provided in this document does not violate Moldova regulations, the contractor shall follow the technical direction provided in this document.

1.5 General Design/Build Contract Description

This is a full DESIGN-BUILD contract and the contractor shall prepare the corresponding and necessary technical projects or designs for its scope of work.

This is a design-build contract in which the US Government provides design documents for the new construction portion of the contract, and is not providing any technical projects or detailed measurements or detailed sketches for the renovation portion. This document is a Performance Technical Specifications (PTS) for a full Design-Build project. This PTS includes a description of the required finished work and the contractor is responsible to do all necessary administrative, design, construction, inspection and acceptance as required by Moldovan regulations. This means that the contractor is responsible to:

- For the new construction portion: The US Government does not assume any responsibility for the technical information included in the attached design, but it shall be used as the basis of design for the technical project required by this contract. Or the contractor may accept responsibility for the design documents included in Annex#2 and provide whatever additional information may be necessary or make any necessary modifications to comply with all applicable norms and regulations.

- For the new construction and the renovation portions: Prepare the necessary façade passports, and energy efficiency projects that may be required by Moldovan regulations.

- For the renovation portion: Prepare the necessary designs or technical projects as required by Moldovan regulations.

- Obtain NAVFAC’s acceptance of the designs and the explicit approval of the corresponding

Public Moldovan agency with jurisdiction for the approval of the pertinent designs.

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

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

- Obtain the official Construction Permit or Construction Authorization for the scope of work included in the contract. If this scope of work does not require a formal Construction Permit, the contractor shall obtain an official letter from the corresponding agency (i.e. Moldovan construction Directorate or Municipality of Floresti) stating that a formal Permit is not required for specific items in the scope of work.

- Execute the new construction, renovation, improvements and energy efficiency works.

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

- Obtain final approval of the works by the corresponding Moldovan authority. In case this is not required, the works shall be certified by the third party “expertise” or by the designer of record.

- Obtain NAVFAC’s acceptance of the finished works

The contractor shall hire the services of an architect (or architectural design company) licensed in Moldova to design the works included in this contract. This document will use the term “designer” or “designer of record” to refer to the architect, architectural design company, engineer or engineering company licensed in Moldova that the contractor shall hire to design all works included in the contract. All works to be executed as required by Moldovan regulations, with the required foreman licensed in Moldova, and technical supervision licensed in Moldova.

The contractor shall hire (and pay for) the services of a “Revision Entity - Expertise” authorized by the Government of Moldova to supervise and approve each phase of the design and the construction, including final commissioning and acceptance of the completed works. This company would report directly to the US Government representative and the beneficiary if required by Moldovan regulations, but all their services shall be paid by the contractor. In case the Moldovan regulations do not allow for the contractor to be the client for this independent review, the contractor shall pay for the third party review and assign a different party as the client for this independent company. This client can be the Municipality of Floresti, a representative from the Ministry of Education, or any other agency authorized by the Contracting Officer.

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

The level of detail of the design (extent of specifications, number and size of drawings, calculations, etc.) shall be sufficient to verify the compliance with the requirements of this contract and as required by the regulations of Moldova and the different agencies involved in the process.

1.6 Construction Permit or Authorization – Construction Permit

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

The contractor is required, as part of this contract, to prepare all documentation, designs, reports, information, drawings, coordination and approvals by experts and monitoring entities, and everything that may be necessary as required by Moldovan regulations, in order to obtain these Permits or Authorizations. The contractor is responsible to pay for any third party inspection or expertise that may be required by Moldovan regulations for the scope of work of this project. The

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441 contractor shall be familiar with these requirements in order to prepare their bids, regarding the obligatory administrative and technical procedures in Moldova for the scope of work included in this contract.

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

1.7 Measurements and Quantities

This contract complies with the US Federal Acquisition Regulations, and as such, this document does not provide measurements and quantities of materials; and if any are provided in this document, the contractor shall be responsible to verify on site. It is highly recommended for the prospective offerors to visit the school in order to perform the necessary measurements and to observe the existing field conditions in order to prepare their cost proposal. The prospective offerors would need to coordinate any site visits to the school with the representative and Program Manager from the United States Office of Defense Cooperation in Moldova:

Vasile Pruteanu Humanitarian Assistance Program Manager U.S. Office of Defense Cooperation Chisinau, Moldova Office Phone: +373 (22) 225-173 E-mail: vasile.pruteanu.ln@mail.mil

The contractor is responsible to verify site conditions and to prepare all necessary inspections and reports before preparing the design and technical projects. This project has two parts: New construction and renovation. For the renovation portion, a detailed site visit to see and analyze the existing conditions is highly recommendable in order to be able to prepare a detailed and well based proposal. Furthermore because the available drawings for the existing school do not represent the current and real internal layout of the building. For the new construction portion, it may be sufficient to analyze in detail the information contained in Annex#2. Nevertheless, a site visit is highly recommendable.

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

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

1.9 Start of Construction

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

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

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

- They provide copies of the technical project, including materials and equipment that they will be using in the project. The contractor can only bring to the project site materials and equipment previously accepted by the Contracting Officer Representative.

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

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

- The Contracting Officer Representative accepts their Construction Schedule

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

1.10 Responsibility for New Materials

All materials delivered to the construction site shall remain in the ownership and responsibility of Contractor. Contractor will be responsible to safeguard the procession and condition of the material until 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 works are completed and accepted.

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 – 700 days

Perform all work within 700 calendar days after contract award. Provide a bar chart with a minimum of 50 activities. Indicate planned start and completion dates for design and construction.

In addition to the contractual requirement to complete all construction works within the 700 calendar days after award of the contract, the contractor shall comply with the following required milestones. Failure to comply with these milestones will be objective basis for invoice retention or further contractual action by the Contracting Officer.

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

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 Chisinau.

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 Moldovan regulations, with minimum of 1 year for all the works, except the roof that shall be minimum 10 years. Warranty starts the day after the Contracting Officer accepts all works.

1.12 Construction Schedule (bar chart is authorized)

Perform all work within 700 calendar days after contract award. Within 60 days after contract award, the contractor shall provide a construction schedule including a minimum of 25 activities, and clearly defining the different phases.

1.13 SAFETY: Accident Prevention Plan

SAFETY SHALL BE THE FIRST PRIORITY OF THE CONTRACTOR. SAFETY TAKE\S

PRECEDENCE OVER ANY OTHER FACTOR.

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

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

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

Execution of this construction contract requires compliance with Moldovan and United States Army Corps of Engineers Safety regulations. In addition to the Accident Prevention Plan which needs to be prepared as outlined in EM385-1-1, the contractor is responsible to prepare all necessary safety

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441 documentation, studies, reports, books, design or logs, which may be required by Moldovan regulations/legislation.

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

- The contractor shall comply with the Safety Manual of the US Army Corps of Engineers

(EM-385-1-1), wherever this US manual has more stringent safety requirements than those required by Moldovan Code and these requirements are not in conflict with local safety regulations. A digital copy of this manual can be found here:

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

- The contractor is responsible for the safety of the 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 operational areas of the school. The school shall be fully operational during project execution.

- The contractor is responsible to comply with Moldovan Safety Code. All costs of compliance with safety and with Moldovan safety regulations are the responsibility of the contractor. Any costs related with safety inspections, safety monitoring, or anything else required to comply with the Safety regulations shall be the responsibility of the contractor.

- Within the context of his responsibilities, the contractor shall take the necessary actions to protect the safety and health of the employees, including the prevention of occupational risks, information and training measures, and measures for the organization of the health and safety at work and its necessary means as required by Moldovan Code. The following general prevention principles shall be taken into account for the adoption and implementation of the measures provided above:

a. avoiding risks;

b. evaluating the risks which cannot be avoided;

c. combating the risks at the source;

d. adapting the work to the individual, in particular as regards the design of the workplace and the choice of work and production equipment and methods, with a view, in particular, to alleviating monotonous and repetitive work, and its effects on health;

e. adapting to technical progress;

f. replacing the dangerous by the non-dangerous;

g. prevention planning;

h. giving collective protective measures priority over individual protective measures;

i. giving appropriate instructions to the employees.

An employer shall insure all employees against occupational accident and disease risks, under the terms of Moldovan law. The contractor shall verify that all employees of the prime

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441 contractor or any subcontractor employed in this project meet the legal requirements of Moldovan Law.

The contractor shall organize the employee training in the field of health and safety at work.

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

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

- The contractor shall be responsible for the protection of all grounds and vegetation that are affected by the construction activities, including the common route of access to the site, outside of the plot of land. 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 Moldova, including all required record keeping.

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

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

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

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

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

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

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

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

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

1.14 Coordination

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

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 school or the Municipality.

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 School Director minimum 10 days advance notice.

- Inform the Municipality with minimum 10 days advance notice.

- Attendance of the designer of the facility

- Attendance of the supervisor

- Attendance of the correspondent third party inspector

- Attendance of the General Manager of the contractor

All works shall be closely coordinated with the School Director.

1.15 Special Site Conditions

Confine all operations, equipment, apparatus and storage of materials, to the immediate area of work to the greatest possible extent. Contractor shall ascertain, observe and comply with all rules and regulations in effect on the project site, including, but not limited to parking and traffic regulations, use of walks, security restrictions or hours of allowable ingress and egress.

The contractor shall clearly separate the construction areas from the rest of the areas of the school.

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 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 local language.

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

1.17 Submittals – Technical Information

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

1.18 Deliverable

The contractor shall provide for acceptance to the COR, as a minimum the deliverables listed in the tables below. For all technical deliverables/submittals, the contractor’s quality control representative shall certify that each proposed product meets the technical requirements listed on this Performance Technical Specifications.

Administrative deliverables:

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

Technical deliverables shall include, but shall not be limited to:

Construction sign design Exterior doors Electrical panels Porcelain floor tiles Cables Ground fault protection breakers Light switches Façade insulation Electrical receptacles Electric panel Roof insulation Windows Paint Lighting fixtures Electrical conduits Lightning protection Roof access ladder Scaffolding Plumbing fixtures Grounding Commemorative plaque design Floor tiles Wall tiles Suspended ceiling

1.19 Pictures

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

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

1.20 Certifications, Licenses, Permits, Fees, etc.

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

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441 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 Moldova 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 Moldova. This includes work permits for any worker who is not a legal resident in Moldova.

The Contractor shall be responsible for determining, processing, requesting and paying all fees associated with, and obtaining any required permits for this project including, but not necessarily limited to permits for on-site and off-site hauling, demolition/disposal, construction activity, utilities, communications, etc. The contractor is responsible for acquiring any required certifications (licensing). Coordinate all permit requirements with the COR. Submit all completed permit application material, and associated back-up material, required to operate facilities, to the Contracting Officer for approval prior to agency submission. Contractor shall be responsible for complying with environmental laws, regulations and requirements. The Contracting Officer Representative may require at any time evidence of proper construction licensing of the contractor.

Coordinate all permit requirements with the competent local authorities or with the COR as required. Submit all completed permit application material, and associated back-up material, required to operate facilities, to the Contracting Officer for approval prior to agency submission.

Contractor shall be responsible for complying with environmental laws, regulations and requirements.

1.21 Quality Control and Quality Control Plan

The contractor is responsible for the quality of the works and for the quality control of their activities. Within the timeframe allowed for the submission of documentation before starting the works, the Contractor will prepare and submit a Quality Control Plan describing personnel, procedures, tests and installation techniques that they plan to perform to ensure that they obtain the quality required by these Technical Requirements and by their full design.

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

The QC Manager must have a minimum 5 years of combined experience as a Project Superintendent, QC Manager, inspector, Project Manager, Project Engineer or Construction Manager on projects of similar size and complexity. The QC Manager must possess a current certificate showing successful completion of the NAVFAC Contractor Quality Management (CQM) Training or similar approved local certification. The Quality Control Manager is responsible for the QC program. The QC Manager shall comply with the legal requirements in Moldova to hold such position.

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.

In Annex 1, it is included a guideline to prepare the Quality Control Plan.

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

Example of typical required construction fence and sign (in Soldanesti)

1.22 Construction Sign

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

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

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

- Flags of Moldova and the United States of America

- The following text: THE IMPROVEMENTS TO THIS SCHOOL BUILDING ARE FUNDED

BY THE UNITED STATES EUROPEAN COMMAND AND PROVIDED TO THE PEOPLE

OF REZINA. EXECUTIVE AGENT: US EMBASSY IN MOLDOVA. CUSTOMER: US

NAVAL FACILITIES ENGINEERING COMMAND. PRIME CONTRACTOR:?

- Logos of EUCOM and NAVFAC

EURAFCENT

- Start and completion dates.

- Same text in Romanian.

NAVFAC logo to be used

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

1.23 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.

Content of WAWF Invoice: Requests for payment in accordance with the terms of the contract must consist of documents provided as attachments in Wide Area Workflow (WAWF). The maximum size limit per attachment is less than 2 megabytes, but there are no limits on the number of attachments. If a document cannot be attached to WAWF due to system or size restrictions it must be provided as instructed by the Contracting Officer).

1. Contractor's Invoice on NAVFAC Form 7300/30, must show, in summary form, the basis for arriving at the amount of the invoice.

2. Contractor's Estimate for Voucher/ Contract Performance Statement on NAVFAC Form 7300/31 furnished by the Government, showing in detail: the estimated cost, percentage of completion, and value of completed performance for each of the construction categories stated in this contract. Use NAVFAC LANT Form 4-330/110 (New 7/84) on NAVFAC Atlantic contracts when a Monthly Estimate for Voucher is required.

3. Affidavit to accompany invoice (LANTDIV NORVA Form 4-4235/4 (Rev. 5/81)).

4. Updated copy of submittal register.

5. Updated copy of progress schedule. Furnish as specified in "FAR 52.236-15, Schedules for

Construction Contracts."

6. Contractor Safety Self Evaluation Checklist (original)

7. Final release (for final payment only). Final invoice must be accompanied by the certification required by DFARS 252.247.7023 TRANSPORTATION OF SUPPLIES BY SEA, and the Contractor's Final Release.

Floresti Elementary School Block at Mihai Eminescu Theoretical Lyceum – Renovation and Improvements OHASIS ID-82441

Example of typical Schedule of Prices for a contract with two CLIN’s

Progress payment shall only be authorized if COR verifies on site the amount of work performed, or if the contractor proves with sufficient pictures and documentation that the work has been actually performed as required by the contract. In case the KTR cannot prove to have performed the work in accordance with the contract terms, the COR may reject the invoice or may deduct the value corresponding to the undone/unproven portions of work from the invoiced amount.

1.24 Schedule of Prices

In order to process the invoices, the contractor shall submit a Schedule of Prices to the COR for acceptance. This document shall include the design with a maximum of 4% and the main elements of the construction project. In the invoices the Contracting Officer Representative and Project Manager of the contractor shall agree on the percentages executed for each of the line items.

Only elements that are tangible and incorporated into the finished project shall be authorized.

Consequently, elements such as these CANNOT be included in the Schedule of Prices: Accident prevention Plan, Construction Schedule, Quality Control Plan, Site visit, telephone bills, rental of office space, purchase of materials, materials stored on site but not installed, scaffolding, safety, quality control, or transportation of personnel. The value of all authorized items shall be properly distributed.