SOW - Treatment_of_theParking-Lot_surface_final.pdf

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Treatment of the Parking Lot surface, Repairs and Repainting
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19R01026Q0004
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Statement of Work Summary

This is a Statement of Work for a fixed-price works contract for parking lot surface treatment, repairs, and repainting at the U.S. Embassy in Bucharest, Romania. The project involves crack and fissure repairs, surface regenerative treatment on asphalt parking surfaces, trench drain system repairs, and repainting parking markings. The scope includes treating approximately 3,150 square meters of parking surface (ground level, upper deck, and ramps) plus 325 square meters at the M-CAC Visitor's Parking, repainting 675 meters of parking spot markings at 15 centimeters width, 200 square meters of other markings (pedestrian crossings and non-parking areas), and repairing 25 meters of trench drains. The contract is a firm fixed price, payable entirely in Romanian Leu (RON), with no adjustments for material, equipment, labor escalation, or currency fluctuations.

The estimated execution period is 42 calendar days from the Notice to Proceed, with mobilization commencing after contract award with a minimum 10-day advance notice unless waived. Key personnel requirements include a Project Coordinator responsible for overall site management and a full-time Site Manager/engineer. The Contracting Officer is Kyle J. Missbach (04-021-200-3677) and the Contracting Officer's Representative is Viorel Negoescu (04-021-200-3564). The contractor must submit insurance certificates, workforce information, construction schedules, and product data within specified timeframes post-award. Deliverables include a Quality Control Plan, Safety Management Plan, Construction Accident Prevention Plan, and as-built drawings. The contractor assumes a 24-month Performance Guarantee (Defect Notification Period) and must offer at least a 36-month materials manufacturer warranty. Work shall be performed Monday through Friday, 8:00 AM to 5:00 PM, with security clearances required for all personnel and vehicles.

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Embassy of the United States of America

FACILITY MANAGEMENT OFFICE

STATEMENT OF WORK FOR WORKS CONTRACT

PROJECT: TREATMENT OF THE PARKING LOT SURFACE, REPAIRS AND

REPAINTING

LOCATION: U.S. EMBASSY in BUCHAREST

DATE: February 24, 2026

PARKING LOT SURFACE TREATMENT i

Contents

1.0 INTRODUCTION

2.0 GENERAL REQUIREMENTS

3.0 SPECIFIC REQUIREMENTS

4.0 SPECIFICATIONS

5.0 CONTRACT ADMINISTRATION

6.0 US EMBASSY OBLIGATIONS

7.0 WORKS CONTRACTOR OBLIGATIONS

8.0 SAFETY HEALTH AND ENVIROMENTAL MANAGEMENT (SHEM)

9.0 MOBILIZATION

10.0 SECURITY REQUIREMENTS - ACCESS TO GOVERNMENT BUILDINGS AND

STANDARDS OF CONDUCT

11.0 QUALITY CONTROL REQUIREMENTS

12.0 PAYMENTS

APPENDIX 1 - SCOPE OF WORK REQUIREMENTS

I. PART ONE - GENERAL

I.1 SUMMARY

I.2 SUBMITTALS

I.3 SUBSTITUTIONS AND PRODUCT OPTIONS

I.4 QUALITY CONTROL

I.5 STORAGE OF MATERIALS

I.6 TEMPORARY FACILITIES

I.7 PROJECT PROCEDURES

I.8 PROJECT SAFTEY

I.9 PROJECT SECURITY

I.10 TEMPORARY FIRE PROTECTION

I.11 FIELD QUALITY CONTROL

I.12 CLEANING and ADJUSTING

II. PART TWO – SCHEDULE

II.1 PERIOD OF PERFORMANCE

PARKING LOT SURFACE TREATMENT ii

II.2 PROPOSAL SCHEDULE

III. PART THREE – NON-BINDING CONTRACT INFORMATION

III.1 BUCHAREST WEATHER DATA

III.2 EMBASSY of BUCHAREST HOLLIDAYS ON 2026

APPENDIX 2 – DRAWINGS

APPENDIX 3 – RECOMANDED PRODUCTS

I. B.A.D. 25

II. B.A. 16

III. BITUMINOUS MASTIC PRODUCT

IV. PAINT FOR ROAD MARKINGS

V. SEALANTS

VI. TRENCH DRAINS

PARKING LOT SURFACE TREATMENT 1

1.0 INTRODUCTION

1.1 The American Embassy in Bucharest (4-6 Dr. Liviu Librescu Av.) requires services of a Specialized

(Roads, alleys and sidewalks maintenance and reparations) Contractor to cracks and fissures repairs, apply surface improvement treatment on parking asphalted surface, trench drain system repairs and repaint the parking lines within the Embassy Parking Lot, as identified in this

Statement of Work (SOW). The surfaces required to be treated, repaired and repainted are not new construction. The surfaces are asphaltic layer finish (road or pedestrian traffic) and the services being requisitioned are for surfaces (unevenness, cracks, and crevices), drains reparations work, and re-painting work for restoration of all longitudinal and transverse markings (i.e. car spots delimitation lines. pedestrian access & crossing, handicap parking signs etc.).

1.2 This SOW is part of the Works Contract, any of its requirements prevail over the Contractor's offer if it is inferior to the specifications in the SOW, and the Contractor will not be able to claim additional costs apart from the financial bid submitted to meet the requirements of the SOW.

2.0 GENERAL REQUIREMENTS

2.1 This is a fixed price contract, but unit prices must be indicated for each main category of work.

The real completed on-site works quantities shall not be measured and paid on basis of the unit rate. This SOW identifies estimated quantities based on drawings of the Parking Lot, for final finish surface areas, painted markings and signs or installed car stoppers. The Contractor may choose to verify these measurements on-site prior submission of a cost proposal and the

Contracting Officer’s Representative (COR) will facilitate such site visit.

2.2 The Contractor shall perform the works in accordance with specifications and on all elements / structures listed in this SOW including the below listed tasks.

2.3 The Contractor shall provide site assessment and survey services, project management, skilled staff for professional rehabilitation and painting works, all equipment, and tools to perform the works, logistics and material procurement services and general support services for this works contract.

2.4 The Contractor’s proposed and USG accepted works contract cost proposal and an initial program for the execution of the Works, including intermediate stages and completion dates shall be incorporated into the task order. Additionally, the task order shall be a firm fixed price task order.

2.5 This SOW, applicable deliverables and documents as developed by the Contractor and accepted by the USG shall serve as the basis for describing and delineating the scope of the required services and works limits for Works contract to be furnished and executed by the Contractor.

2.6 All deliverables, documents, proposals etc. submitted by the Contractor under this statement of work shall remain the property of the U.S. Government. All U.S. Government documents and data provided to the Contractor shall remain the property of the U.S. Government. The

Contractor shall limit duplication and dissemination of all U.S. Government documents and

Contractor developed documents under this statement of work to/within the Contractor’s execution team. Duplication or distribution of project documents outside the Contractor’s team is strictly prohibited without the express written approval and authorization of the contracting officer.

PARKING LOT SURFACE TREATMENT 2

Upon completion of each part of work all documents, electronic media, photos, etc. shall be submitted to the Government, including all documents and data the Government provided to the

Contractor. All works contract documents and media shall be submitted to the Government along with the Contractor’s Partial/Final Statement of Completion.

2.7 The Contractor shall perform the Works after clearance of sequence of operation by the

Contracting Officer's Representative (COR) in a manner to cause the least disruptions to Embassy operations and the impact of the interference and its effects on the occupants or users. All detailed work schedules required by this statement of work shall be electronically documented and updated and made available to the Contracting Officer's Representative (COR) upon request, oral or written and the Contractor shall complete each phase of Works according to the approved program. If the COR determines that the Contractor’s schedule conflicts with critical post operations, the Contractor shall modify the schedule as required.

2.8 The Contractor shall deliver materials to work site in manufacturer's original, unopened packages and containers bearing manufacturer's name and label, and other identifying information. Store materials in tightly closed containers in a well-ventilated area. The Works

Contractor will not use any method or substances, which may cause damage to the Embassy equipment or systems.

Any damage or loss through negligence by the General Works Contractor, its Sub-Contractor or

Service Contractor's staff shall be the whole responsibility of the General Works Contractor. The

US Embassy in BUCHAREST will require the General Works Contractor to make the damage good or pay for the cost of repair.

2.9 The Contractor shall keep storage area neat and orderly. Remove debris, packing and waste daily.

Follow Safety Data Sheets directions to ensure workers and work areas are protected from fire and health hazards resulting from handling, mixing and application of materials proposed and accepted to fulfill the requirements of this SOW.

2.10 After review of the US Government Statement of Work (SOW) and provided technical data by the

Contractor, any discrepancies, errors, conflicts etc. that are discovered by the Contractor, those items shall be forwarded to the CO via written correspondence. Submittal of this written correspondence shall be completed within 5 working days upon receipt of the US Government

Statement of Work.

3.0 SPECIFIC REQUIREMENTS

3.1 The Contractor shall perform the works during climatic conditions that are suitable for application of the asphalt surface treatment and marking paint. The Contractor shall comply with manufacturer’s recommendations concerning temperature, humidity, and dust.

3.2 The Contractor shall carry out repairs and clean the surfaces with an approved method. The area to be repaired shall be free from dust or any other loose matter. Scraping and sanding of existing surface finish, wherever deemed necessary for removal of the existing loose finish and for proper application of asphalt surface treatment and the new marking paint, shall be carried out as approved by COR. The Contractor shall take precautions and provide approved protection to electric fixtures and devices including tools, lifting equipment, cameras, intercoms, light fixtures, power receptacles etc. to avoid damage from water or pressured air.

PARKING LOT SURFACE TREATMENT 3

3.3 The Contractor shall take precautions and provide approved protection to vegetation, perimetral walls, doors, glazing, tarpaulins, claddings, stone coping, metal structures and panels, metal powder coated surfaces or any other surfaces and objects that are not the subject of SOW. The

Contractor shall also paint other surfaces specifically identified for painting (i.e. traffic and parking markings and signs or other). The Contractor shall use waterproof materials such as silicon tape, plastic sheets, and masking tapes for protection of items / surfaces not to be repaired or painted.

The Contractor shall clean glue or paint marks from protected surfaces after completion of reparation or painting works. The Contractor shall use approved materials and methods for cleaning the protected surfaces to avoid damage and discoloration.

3.4 The Contractor shall notify if any item / surface is damaged during the works. The Contractor shall replace or pay for the damaged item / surface, if required, to maintain the original finishing and function of the item.

3.5 The Contractor shall comply with local Ministry of Labor requirements for outdoor work.

3.6 The elements identified for repair and painting are listed below. Specific details for each of the elements are provided in the annexes.

3.6.1 The Parking Lot surface of driveways, sidewalks, and parking spots.

3.6.1.1 The total surface with unevenness, cracks, and crevices to be repaired (treated) and painted is not limited only to the traffic surface of the above-named Parking Lot, but it also includes repairs (or replacement) of the gutters and curbs, manholes, drains and car stoppers if necessary. The total traffic area includes the other parking elements (i.e.

gutters, curbs, manholes, car stoppers etc.).

3.6.1.2 The total repair (treated) surfaces are according to Appendix 1:

▪ Parking (ground level, upper deck and down & up ramps) 3,150 sqm + 100 m (estimation to be repaired)

▪ M-CAC Visitor’s Parking (only the asphalt) 325 sqm + 30 m (estimation to be repaired)

▪ Parking Spots Markings Repaint [15 cm wide] 675 m (as-build project)

▪ Other markings (i.e. pedestrian crossing, non-parking areas) 200 sqm (as-build project)

▪ Trench Drain 25 m

NOTE: All potential bidders are invited to visit the site, ask for clarifications, and make their own estimates so that the submitted bid is complete and includes all the quantities of work necessary to meet the requirements of the contract. The proposal should not be issued only on the unit rates basis; the bidder will submit total price proposal based on his estimated quantities of work and unit rates resulting in a maximum fixed price contract proposal.

4.0 SPECIFICATIONS

4.1 The Service Contractor warrants to the US Embassy that all materials, workmanship, and methods used by the Contractor, as a minimum, will:

a. comply with these requirements of the Terms and Conditions of service; and

b. comply with all applicable Romanian & USA Laws and Standards.

PARKING LOT SURFACE TREATMENT 4

4.2 The Contractor shall use materials proposed in “SCOPE of WORKS REQUIREMENTS -

APPENDIX TWO – PRODUCTS” or similar approved products in terms of performance and final finishing. The Contractor shall submit product specification sheet, safety data sheets for COR approval if similar products are proposed to be used. These similar products must be identified at the time of submission of cost proposal.

4.3 The Contractor will be responsible for submitting all the manufacturer product specification sheets, Safety Datasheet [SDS] and equipment cut sheets for all equipment, chemicals, if case

(including chemical composition), and testing procedures (if case) in both English and Romanian language for POSHO (Post Occupational Safety and Health Officer) and COR approval.

4.4 The Contractor will follow the general marking scheme for different surfaces and will comply with the existing shades. The paint specifications indicated in “SCOPE of WORKS

REQUIREMENTS - APPENDIX TWO – PRODUCTS” are based on materials previously and currently used at the Embassy Compound. The color changes will be approved by COR and requested by the Contractor according to the "Modifications" clause of the contract.

4.5 All metal structures (i.e. manholes, and other not stainless-steel metal elements.) must be protected and, where appropriate, brought, if case, flush with driveways, sidewalks and roads.

4.6 The Contractor shall use spray devices and rollers to apply paint to roads and other flat surfaces and brushes for narrow and / or complex shaped profile surfaces. For each bin of paint, the

Contractor shall change the rollers. The paint shall be applied in minimum of two coats or until a uniform color appearance is achieved.

5.0 CONTRACT ADMINISTRATION

The rates will include all costs associated with providing the works in accordance with the attached scope of works, and the manufacturer’s warranty, including materials (including all costs for manipulation operations i.e., loading, unloading, storing, transferring etc.), labor (full cost of an hour’s worth of work that includes all payroll taxes and any other costs related to labor, vacation pay, health insurance, and any other benefits or expenses related to employment), insurances (see FAR 52.228-4 [Workers’ Compensation and War-Hazard Insurance Overseas] and 52.228-5 [Insurance-Work on a Government Installation]), also all kind of transport to/from the site, equipment rentals, disposal taxes for any kind debris and hazard waste (when applicable) etc., as well as to include a chunk for other overhead expenses and profit.

5.1 This is a FIRM FIXED PRICE CONTRACT payable entirely in RON (Romanian Leu).

5.2 Prices are for all Contract Works. No additional sums will be payable for any escalation in the cost of materials, equipment, or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required.

5.3 The contract price will not be adjusted due to fluctuations in currency exchange rates.

5.4 The Contractor shall not perform any work beyond this Statement of Work unless directed in writing by the Contracting Officer (CO). Any work performed by the Contractor beyond this SOW without direction from the CO will be at the Contractor’s own risk and at no cost to the US

Embassy of Bucharest.

5.4.1 Contracting Officer (CO)

C.O. Kyle J. MISSBACH (04-021-200-3677)

PARKING LOT SURFACE TREATMENT 5

EMBASSY OF UNITED STATES OF AMERICA

4-6, LIVIU LIBRESCU Blvd., 1st DISTRICT, 015118 BUCHAREST, ROMANIA

5.5 NOTICE TO PROCEED: After Contract award and submission of acceptable insurance certificates and copies of all applicable licenses and permits have been provided, the Contracting

Officer will issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) calendar days from date of Contract award unless the Contractor agrees to an earlier date) on which performance shall start.

5.6 The Building Engineer at the US Embassy in Bucharest shall act as the Contracting Officer's

Representative (COR) for this work. Decision of the COR with respect to SOW will be final.

5.6.1 Contracting Officer’s Representative (COR)

C.O.R. VIOREL NEGOESCU (04-021-200-3564)

EMBASSY OF UNITED STATES OF AMERICA

4-6, LIVIU LIBRESCU Blvd., 1st DISTRICT, 015118 BUCHAREST, ROMANIA

5.7 Within 7 days of commencement of the Contract the Contractor shall provide to the US Embassy a schedule specifying the nature and timing of all the work to be completed.

5.8 The COR has right to inspect and test all services called for by the contract, to the extent it is practicable always and places during the term of the contract. The COR or his designee may perform quality assurance inspections and tests during performance of work to verify the work is performed according to approved methods.

5.9 The COR has the authority to issue a temporary stop order during the execution of any phase of this SOW for convenience of the US Embassy. During such suspension, the Contractor shall protect, store, and secure such part or all the Works (as the case may be) against any deterioration, loss or damage. The Contractor shall promptly notify the CO that work has been stopped. Delays caused by such stoppage of work shall be compensated with extension of the performance period.

The Contractor shall resume work as soon as practicable after receiving a Notice from the COR to proceed with the suspended work.

5.10 Within 3 days after Works completion, the Contractor will ask for the Performance Certificate

(both for each object identified in the contract and at the completion of all contracted works) sending a

Statement at completion containing the lists of quantities of works performed under the Contract, in the form of a payment measurements of works with a sketch of the object (s) of the Contract to which it relates, including the dimensions which formed the basis of the measurements of the works. This Statement will be proof of the works performed and following their acceptance by

COR, the Contractor will be able to issue the invoice for the value of the accepted works.

5.11 All documentation produced under this contract will become the property of the Embassy upon completion of this contract.

PARKING LOT SURFACE TREATMENT 6

6.0 US EMBASSY OBLIGATIONS

The US Embassy shall provide the Works Contractor with and make available to the Works

Contractor such reasonable access to the US Embassy Compound, electricity and other utilities as are reasonably required for the provision of the Works.

The Contractor shall coordinate with COR for temporary power connection, if needed, for operation of electric tools or temporary lighting. The Contractor shall provide 10mA rated ground fault protection for the connected load.

7.0 WORKS CONTRACTOR OBLIGATIONS

7.1 The Contractor shall verify:

1. Field measurements.

2. Field construction criteria.

7.2 The Contractor shall be responsible for the professional quality, safety, and the coordination and other services furnished under this contract.

7.3 The Contractor shall comply with all the relevant labor Laws applicable to the Contractor’s

Personnel, including Laws relating to their employment (including wages and working hours), health, safety, welfare, immigration, and emigration, and shall allow them all their legal rights. The

Contractor shall require the Contractor’s Personnel to obey all applicable Laws, including those concerning health and safety at work.

7.4 The Contractor shall ensure adequately, appropriately qualified, and experienced supervised persons/employees as required by the Laws of the jurisdiction to carry out the Works. The

Contractor shall plan for the engagement of all Contractor’s Personnel, and for their payment, accommodation, feeding, transport, and welfare. The Contractor will identify a Project Coordinator

[PC] who will be responsible for the overall management of the works on site and will represent the Contractor during the performance of the contract. The Contractor will also have a Site

Manager [site engineer / foreman] to manage the works, full-time present on site. The Contractor shall provide evidence of qualifications and job history of the Service Contractor’s personnel if required by the US Embassy.

7.5 The Contractor shall provide and execute the Works in all respects, to the reasonable satisfaction of the US Embassy and in accordance with all reasonable instructions and requirements of the US

Embassy mentioned in the contract documents.

7.6 The Contractor shall obey all rules and instructions in force within the US Embassy Compound

(including access to US Embassy area, any non-smoking policy etc.).

7.7 The Contractor shall verify that all materials, equipment, and systems used within the contract provide operational dependability. The Contractor shall make good any damage to the equipment of the Embassy, or any part thereof caused by any act or omission of the Contractor's staff and equipment or any of his Sub-Contractor. The contractor shall immediately notify the US Embassy in writing of all matters affecting its responsibility and ensure that any lost or unclaimed property found by the Contractor is passed to the US Embassy at the first practicable opportunity.

7.8 Any cost associated with services subcontracted by the Contractor shall be borne by and be the complete responsibility of the Contractor under the fixed price of this contract.

PARKING LOT SURFACE TREATMENT 7

7.9 The Contractor shall provide all equipment / tools including, as needed to perform the work of this contract. The Contractor shall not remove from the Site any items of the Contractor’s Equipment without the consent of the COR.

7.10 The Contractor shall remove, neutralize, and dispose on its own expenses under the fixed price of this contract:

a. all empty material/ paint containers, rollers, plastic sheets etc.

b. any hazard waste, if case,

c. debris regularly to avoid buildup at the Embassy compound. The Contractor shall provide construction trash skip as needed for the work.

The Contractor shall keep the work areas clear of hindrances, trip hazards, and unused materials always. The Contractor shall clean work areas every day at the end of program. The Contractor shall pay all royalties, rents, and other payments for the disposal and neutralization of material from demolitions and of other surplus material (whether natural or man-made).

7.11 Regular working hours at the Embassy are 8:00 AM to 5:00 PM from Monday through Friday.

The Contractor shall schedule work such that normal operations of the Embassy facility are not affected. The schedule may include activities that need to be done outside of regular working hours of the Embassy, but a minimum 3-day previous written request must be submitted and approved by the COR.

The Contractor shall be entitled to Extension of Time if and to the extent that completion is or will be delayed by any of the following causes:

i. A variation of scope of works

ii. Exceptionally adverse climatic conditions, which for the purpose of these Conditions shall mean adverse climatic conditions at the Site which are Unforeseeable.

iii. Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or governmental actions.

iv. Any delay, impediment or prevention caused by or attributable to the Employer, the

Employer’s Personnel, or the Employer’s other contractors on the Site.

7.12 The estimated execution period of the works according to this contract will be 6 weeks / 42 calendar days from the issuing of the Commencement Order date. The Contractor will prepare a

Works Execution Program on contract objects after consultation with COR to schedule and complete the works during this period and within 10 days of the start of the contract, the

Contractor will provide the US Embassy with a version of mentioned programs approved by

COR.

The Works Execution Program on contract objects will become part of the contract. If, at any time actual progress is too slow to complete the Works or a Section (if any) within the relevant Time for Completion; and/or progress has fallen (or will fall) behind the approved Works Execution

Program, then the COR may instruct the Contractor to submit a revised program describing the revised methods which the Contractor proposes to adopt in order to expedite progress and complete the Works or a Section (if any) within the relevant Time for Completion.

PARKING LOT SURFACE TREATMENT 8

If the Contractor fails to comply with Time for Completion [including all extensions approved by the

CO/COR], the Employer shall be entitled to payment of Delay Damages by the Contractor for this default. Delay Damages shall be the amount stated in the Contract Data, which shall be paid for every day which shall elapse between the relevant Time for Completion and the relevant Date of

Completion of the Works or Section.

7.13 The Contractor shall be liable to the Embassy for all damages to caused due to Contractor's negligent performance of any of the services furnished under this contract.

The Contractor shall assume 24 months works Performance Guarantee [Defect Notification Period

- DNP] and shall offer at least a 36-month materials manufacturer quality guaranty. The

Contractor shall execute all work required to remedy defects or damage, of which a Notice is given to the Contractor by (or on behalf of) the Employer on or before the expiry date of the DNP for the Works or Section or Part (as the case may be).

If a defect appears (including if the Works fail to pass the Tests after Completion, if any) or damage occurs during the relevant DNP, a Notice shall be given to the Contractor accordingly, by (or on behalf of) the Employer. Promptly thereafter:

i. The Contractor and the Employer’s Personnel shall jointly inspect the defect or damage.

ii. The Contractor shall then prepare and submit a proposal for necessary remedial work.

All remedy work shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to plant, materials or workmanship not being in accordance with the

Contract or improper operation or maintenance which was attributable to matters for which the

Contractor is responsible.

The Employer shall be entitled to an extension of the DNP for the Works, or a Section or a Part if and to the extent that the Works, Section, Part or a major item of Object (as the case may be, and after taking over) cannot be used for the intended purpose(s) by reason of a defect or damage which is attributable to any of the matters for which the Contractor is responsible.

7.14 Sub-Contractor: The awarded Contractor shall not assign this contract or any part of it without the written permission of the Facilities Manager. No assignment of the contract shall relieve the

Contractor from any obligation under the contract or impose any liability upon the Embassy or the Contracting Officer.

7.14.1 Any cost associated with services subcontracted by the Contractor shall be borne by and be the complete responsibility of the Contractor under the fixed price of this contract.

7.15 Performance of the Contractor’s obligations under the Contract shall not be considered to have been completed until the COR has signed the Performance Certificate to the Contractor, stating the date on which the Contractor fulfilled the Contractor’s obligations under the Contract. The

COR shall sign the Performance Certificate to the Contractor as soon thereafter as the Contractor has:

7.15.1 Supplied all the Contractor’s Documents; and

7.15.2 Completed and tested all the Works (including remedying any defects) in accordance with the

Contract.

PARKING LOT SURFACE TREATMENT 9

Only the Performance Certificate signed by COR shall be deemed to constitute acceptance of the

Works. After the issue of the Performance Certificate, each Party shall remain liable for the fulfilment of any obligation which remains unperformed at that time [to be mentioned in the Annex of Performance Certificate]. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in force.

7.16 Promptly after the issue of the Performance Certificate, the Contractor shall:

7.16.1 Remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and

Temporary Works from the Site.

7.16.2 Reinstate all parts of the Site which were affected by the Contractor’s activities during the execution of the Works and are not occupied by the Permanent Works; and

7.16.3 Leave the Site and the Works in a clean and safe condition.

8.0 SAFETY HEALTH AND ENVIROMENTAL MANAGEMENT (SHEM)

8.1 The Works Contractor shall take all reasonable and proper safety precautions to prevent death or injury to any person or damage to any property at the US Embassy Bucharest Compound and in particular all equipment used by the Works Contractor shall be used in such a manner and maintained to minimize the danger of accident, death, injury, loss, or damage arising from the use of such equipment. In addition to relevant statutory requirements, standards and other provisions of this Contract, the Works Contractor shall fulfill the following requirements:

8.1.1 Prepare and submit a Safety Management Plan for COR approval prior to starting performance under this contract. Training program(s) shall be presented and must satisfy the US Embassy

Bucharest during the submittal process.

8.1.2 The Works Contractor’s personnel shall be knowledgeable with and adhere to all relevant occupational health and safety legislation and Safety Data Sheets.

8.1.3 Ensure that the Works Contractor’s and its Sub-Contractor personnel comply with all safety procedures and requirements which apply to the US Embassy Compound. The COR may request for additional safety procedures if deemed necessary and the Contractor must comply with these.

8.1.4 Ensure the Works Contractor’s personnel are certified as having completed occupational health and safety training and have been issued all the necessary Personal Protection Equipment (PPE) required for safe implementation of this contract, including, but not limited to, coveralls, safety shoes, gloves etc. needed for safe performance of works.

Upon the request of the COR, the Contractor shall remove any person employed by him who, in the opinion of the COR, is incompetent or has conducted himself improperly. The Contractor shall not permit a person who has been removed to return to the work site.

8.1.5 Use approved and/or certified tools for work.

8.1.6 All electrical equipment and associated materials for the Works Contract comply with the requirements of all Relevant Authorities and have been tested and tagged by a competent person at least once every 2 years.

PARKING LOT SURFACE TREATMENT 10

8.1.7 Follow both Romanian legislation and all US NFPA rules and guidelines against fire, production of smoke or the venting of any noxious substances.

8.1.8 Ensure that the Service Contractor’s personnel are adequately trained and instructed in the safe and correct usage, handling and operation of materials and equipment relevant to the Works and provide reasonable proof of such to the US Embassy Bucharest on request. Provide training to workmen in handling and application of various types of asphalt and other materials. Follow directions provided in manufacturer’s Safety Data Sheet for each type of material. Maintain a copy of easily accessible Safety Data Sheet for all materials at work site.

The Contractor shall promptly report all accidents, minor or major, to the COR.

8.1.9 Delivery, storage, and handling:

a. Deliver materials to the job site in the manufacturer's original, new, unopened packages and containers bearing manufacturer's name and label and the following information is needed:

1. Name or title of material

2. Manufacturer's name, stock number and date of manufacture

3. Paint color name and number [RAL]

4. Contents by volume, for major pigment and vehicle constituents

5. Handling instructions and Material Security Data Sheet – MSDS [precautions]

6. Paint thinning instructions

7. Application instructions

b. Store materials not in immediate use in tightly covered containers at a minimum ambience temperature of 7°C in a well-ventilated area. Maintain used containers in storage of coatings in a clean condition, free of foreign materials and residue.

9.0 MOBILIZATION

9.1 Check the existing site conditions, utilities and permits to prepare the work plan. Submit to the

COR for approval the Program of Execution of Works and a Program of Stages of the Contract

Objects. Include the Technical Worksheet in the work plan for each object of the contract.

The Contractor shall proceed in accordance with the Program, subject to the Contractor’s other obligations under the Contract. The Employer’s Personnel shall be entitled to rely on the Program when planning their activities.

Nothing in any program, the Program or any supporting report shall be taken as, or relieve the

Contractor of any obligation to give, a Notice under the Contract.

If, at any time, the CO / COR gives a Notice to the Contractor that the Program fails (to the extent stated) to comply with the Contract or ceases to reflect actual progress or is otherwise inconsistent with the Contractor’s obligations, the Contractor shall within 5 days after receiving this Notice submit a revised program to complete the Works or a Section (if any) within the relevant Time for

Completion.

9.2 Provide submittals for all proposed materials for POSHO and COR approval prior to procurement.

PARKING LOT SURFACE TREATMENT 11

9.3 The Contractor shall mobilize materials, tools, equipment etc. and store at designated staging area after consultation with the COR.

10.0 SECURITY REQUIREMENTS - ACCESS TO GOVERNMENT BUILDINGS AND

STANDARDS OF CONDUCT

10.1 The Contractor shall designate a representative who shall supervise the Contractor’s technicians and be the Contractor's liaison with the US Embassy Bucharest. The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes. Contractor employees, if needed, shall have access to the systems dedicated spaces with security escorts, only with specific permission from the Facility Manager, Contracting Officer, or the COR.

10.2 Personnel security:

Following the award of the contract, the Contractor will provide identification information to all personnel, including workers, transporters, and supervisory staff, who will need to enter the site.

Such information will include and not be limited to staff and transport means identity information.

All site workers will be escorted, and access to the site will be limited to work areas only.

The US Embassy reserves the right to deny access to U.S owned and U.S.- operated facilities to any individual. The Contractor shall provide the names, biographic data, and police clearance on all

Contractor personnel, who shall be used on this contract prior to their involvement into this contract.

10.3 The Contractor shall coordinate material and equipment deliveries with the COR for access approval. The Contractor shall provide vehicle and delivery personnel information at least 48 hours in advance of delivery.

10.4 All the ladders or scaffolds erected near the buildings for the performance of the works shall be laid down, moved away, or dismantled in such a way that they will not provide any kind of accidents or foothold that will facilitate a person to climb over any building, perimeter wall or a screen wall.

10.5 Standards of Conduct:

10.5.1 General:

The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to employees, as necessary. Each Contractor employee shall adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The

US Embassy reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

10.5.2 Uniforms and Personal Equipment:

The Contractor's employees shall wear clean, neat, and complete uniforms when on duty. The

Contractor shall provide, to each employee and supervisor, uniforms, and personal equipment.

The Contractor shall be responsible for the cost of purchasing, cleaning, pressing, and repair of the uniforms.

10.5.3 Neglect of Duties:

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Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays, or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

10.5.4 Intoxicants and Narcotics:

The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.

11.0 QUALITY CONTROL REQUIREMENTS

11.1 The Contractor needs to attach to quotation Company’s registration and taxpayer documents as well as a portfolio of clients with similar works in the past.

The Works Contractor must allow the US Embassy access to the quality control system as well as the relevant quality systems of its subcontractors to enable monitoring and quality auditing of the contract specific construction works.

The US Embassy may reject any aspect of the Works that fails to comply with the requirements of the Contract, or its quality system, at any time.

If, because of an examination, inspection, measurement or testing, any Materials or workmanship is found to be defective or otherwise not in accordance with the Contract, the COR shall give a Notice to the Contractor describing the item of Materials or workmanship that has been found to be defective. The Contractor shall then promptly prepare and submit a proposal for necessary remedial work. If the rejection causes the Employer to incur additional costs, the Employer shall be entitled to payment of these costs by the Contractor.

In addition to any previous examination, inspection, measurement, or testing, at any time before the issue of the Taking-Over Certificate for the Works, the COR may instruct the Contractor to:

11.1.1 Repair or remedy (if necessary, off the Site) or remove from the Site and replace any Plant or

Materials which are not in accordance with the Contract.

11.1.2 Repair or remedy, or remove and re-execute, any other work which is not in accordance with the Contract; and

11.1.3 Carry out any remedial work which is urgently required for the safety of the Works, whether because of an accident, unforeseeable event or otherwise.

The Contractor shall comply with the instruction as soon as practicable and not later than the time

(if any) specified in the instruction, or immediately if urgency is specified under sub-paragraph

(11.1.3) above.

The Contractor shall bear the cost of all remedial work required, except to the extent that any work under sub-paragraph (11.1.3) above is attributable to any act by the Employer or the Employer’s

Personnel or an Exceptional Event.

11.2 Performance Monitoring and Reporting:

11.2.1 The Works Contractor shall provide a quality control plan for the COR approval. The plan shall describe work instructions, inspection procedures and corrective action procedures to be employed by the Contractor.

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11.2.2 The Works Contractor shall monitor its own performance against the criteria and benchmarks identified in this document and shall provide reports when required by the US Embassy.

11.2.3 The giving of any approval, direction, instruction or information by the US Embassy

Representatives and compliance with the same by the Works Contractor will not relieve or reduce the Works Contractor’s sole responsibility for the performance of the Works in accordance with this Contract.

12.0 PAYMENTS

12.1 The Contractor shall pay all taxes, duties and fees required to be paid by the Contractor under the

Contract, and the Contract Price shall not be adjusted for any of these costs except adjustments for

Changes in Laws.

12.2 If certain payment(s) to the Contractor is/are to be made on completion of each Milestone (i.e., completion of works on Objects or Stages of the Contract), such payment(s) must be specified in a

Schedule of Payments in the Financial Offer and, if accepted, will be part of the Contract and consideration should be given to amending it to make express reference to the Milestone payments.

12.3 The Contractor shall submit a Statement to the COR after the end of the period of payment stated in the Contract Data (if not stated, after the end of the Work). Each Statement shall:

12.3.1 be in a form acceptable to the COR.

12.3.2 show in detail the amounts to which the Contractor considers that the Contractor is entitled for the period of payment, with supporting documents which shall include sufficient detail for the

COR to investigate these amounts, i.e. lists of quantities of works performed under the Contract, in the form of a payment measurements of works with a sketch of the object (s) of the Contract to which it relates, including the dimensions which formed the basis of the measurements of the works. Measurement shall be made of the net actual quantity of each item of the Permanent

Works, and no allowance shall be made for bulking, shrinkage, or waste.

12.4 Within 3 days after the Date of Completion of the Works, the Contractor shall then prepare and submit to the COR a Statement at completion in the same form as Statements previously submitted, show in detail, with supporting documents:

12.4.1 the value of all work done in accordance with the Contract up to the Date of Completion of the

Works,

12.4.2 any further sums which the Contractor considers to be due at the Date of Completion of the

Works; and

12.4.3 an estimate of any other amounts which the Contractor considers have or will become due after the Date of Completion of the Works under the Contract or otherwise. These estimated amounts shall be shown separately to those of above and shall include estimated amounts for Claims for which the Contractor has submitted a Notice and the CO/COR approved.

12.5 When submitting the Final Statement, the Contractor shall submit a discharge which confirms that the total of such Statement represents full and final settlement of all moneys due to the Contractor under or in connection with the Contract.

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12.6 The Final invoice shall be identified as such and shall include the amount which the COR fairly considers is finally due, including any additions and/or deductions which have become due or under the Contract or otherwise.

12.7 The final invoice shall include the Contractor's Release of Claims Certificate and the Workmanship

Guarantee.

12.7.1 The Contractor shall be liable for any loss or damage caused by the Contractor to the Works, Goods or Contractor’s Documents after the issue of a Taking-Over Certificate. The Contractor shall also be liable for any loss or damage, which occurs after the issue of a Taking-Over

Certificate and which arose from an event which occurred before the issue of this Taking-Over

Certificate, for which the Contractor was liable.

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APPENDIX 1 - SCOPE OF WORK REQUIREMENTS

I. PART ONE - GENERAL

I.1 SUMMARY

I.1.1 The U.S. Embassy Bucharest and Overseas Buildings Operations [OBO] have a requirement to repair the cracks and fissures, apply surface regenerative treatment on parking asphalted surface, repair the trench drain system and repaint the parking markings within the Embassy

Exterior Parking Lot of the New Embassy Compound (NEC).

1. The surface of exterior Parking Lot (driveways and sidewalks) consists of multi-layer structure.

2. Status: the named surfaces show fissures and cracks, damaged trench drains, as well as erasure or discoloration of the parking, traffic and other markings.

3. The main objectives pursued refer to: repairing cracked bituminous coatings, applying specific regenerative treatment for old asphalt surfaces and restoring the impermeability of porous coatings, repairing the trench drains and repainting the parking markings (i.e. lines, symbols, traffic signs etc.) after applying the regenerative treatment.

I.1.2 An evaluation of the concrete situation in the field is necessary to determine if the application of the cold recycling solution with bituminous binders is possible and under what conditions

(type of existing defects, composition of the road structure, thickness of bituminous layers, intensity of road traffic, climatic conditions etc.).

Fissures are discontinuities in the asphalt coating with an opening of less than 3 mm, which appear on the surface or in the depth of the bituminous layer.

Cracks are discontinuities with an opening greater than 3 mm.

Before the commencement of the Works the Contractor must submit for COR approval the proposed detailed technical method for fissures and cracks repairs.

1. The cracks and fissures are classified as follows:

▪ transverse cracks and fissures - they are perpendicular to the road axis or inclined, forming an angle greater than 30° with the axis.

▪ longitudinal cracks and fissures - they can appear in the axis of the road or on various generators of the road surface, which presents itself as a continuous opening, extending over long lengths.

▪ multiple cracks and fissures in different directions - they start from the axis of the road and develop towards the edge of the carriageway with longitudinal or oblique branches.

2. Proposed remedial works:

▪ transverse cracks and fissures – sealing with bituminous mastic or asphaltic mortar (in the case of cracks); regeneration of the surface course with aged binder by performing some bituminous treatments.

PARKING LOT SURFACE TREATMENT 16

▪ longitudinal cracks and fissures – sealing with bituminous mastic or asphaltic mortar (in the case of cracks); regeneration of asphaltic layer with aged binder by performing some bituminous treatments.

▪ multiple cracks and fissures in different directions - milling the affected surface course and restoring it.

3. The principle of technology for filling cracks and fissures:

a. Fixing defects with openings smaller than 8 mm by clogging with bituminous mastic:

i. Preparation of the surfaces to be clogged:

▪ the identification of the surfaces that need to be repaired will be carried out by the

Contractor's representative together with COR.

▪ widening and deepening of cracks and fissures with an opening of up to 8 mm, with appropriate mechanical devices

▪ thorough cleaning of cracks and fissures with a wire brush and blowing with compressed air

▪ priming of cracks and fissures with cationic bituminous emulsion with quick break. Priming is done uniformly, with a special device that can adjust the amount of binder.

ii. Laying bituminous mastic for filling cracks and fissures:

▪ after breaking the bituminous emulsion, the bituminous mastic, prepared or procured for this purpose, is laid mechanized, by pouring in excess. Clogging is done uniformly, with a special device that can regulate the amount of binder.

▪ after laying the bituminous mastic, the surface is smoothed.

iii. During rain, no clogging will be carried out because the presence of water prevents the bituminous mastic from sticking to the support layer.

iv. Allowing the circulation over the clogged surfaces is done after the applied bituminous mastic cools down.

v. The procurement and transport of materials, the insurance and transport of the labor force and the necessary equipment is done by the Contractor.

b. Fixing defects with openings larger than 8 mm by clogging with asphalt mixture:

i. Preparation of the surfaces to be clogged:

▪ the identification of the surfaces that need to be repaired will be carried out by the

Contractor's representative together with COR.

▪ widening and deepening of cracks and fissures with an opening larger than 8 mm, with appropriate mechanical devices

▪ the removal and disposal of the material that will be dislodged. The granular material resulting from stripping the bituminous layers is collected, loaded, and transported to the appropriate disposal place. The Contractor shall pay all

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royalties, rents, and other payments for the disposal and neutralization of material from demolitions and of other surplus material (whether natural or man-made).

▪ thorough cleaning of cracks and fissures with a wire brush and blowing with compressed air

▪ the stripped surfaces, clean and dry, are primed along the cracks with cationic bituminous emulsion with quick breaking. Priming is done uniformly, with a special device that can adjust the amount of binder.

ii. Laying asphalt mixtures to fill the cracks:

▪ after the breaking of the bituminous emulsion with which the priming was made, the actual filling will be performed, which consists in filling the cracks with the BA

8 type asphalt mixture. The necessary thickness will be ensured so that after compaction the filled surfaces are at the same level as the adjacent surfaces.

▪ the laying of the asphalt mixture will be performed at the temperatures of the support layer and at an external temperature of at least 10°C, on a dry surface.

▪ the works are interrupted during strong wind or rain and are resumed only after the support layer has dried.

▪ the BA 8 type asphalt mixture used to fill cracks will fulfill the quality conditions provided in the technical regulation indicative AND 605.

iii. Compaction of asphalt mixture:

▪ immediately after laying, compaction of the laid asphalt mixture will take place with vibratory plate compactor or with a Jumping Jack Tamping Rammer

Vibratory Asphalt/Soil Plate. The compaction operation is very important for the tightness and durability of the work; therefore, it must be done very carefully.

iv. The hot-made asphalt mixtures are transported with suitable dump trucks, covered with tarpaulins, immediately after loading, ensuring that temperature losses are minimal all the time. The tipping trailer of the means of transport must be clean and dry.

v. During rain, no clogging will be carried out because the presence of water prevents the bituminous mastic from sticking to the support layer.

vi. Allowing the circulation over the clogged surfaces is done after the applied bituminous mastic cools down.

vii. The procurement and transport of materials, the insurance and transport of the labor force and the necessary equipment is done by the Contractor.

c. Repairs to trench drains:

i. Get the measurements and dimensions of the original system.

ii. The trenches have to be repaired, both the concrete channel and its connections to…

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