00 73 15.50 General Conditions

SECTION 00 73 15.50

GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS

(05/2015)

PART 1: GENERAL

1.1 ORGANIZATION AND LAYOUT

1.2 DEFINITIONS

1.3 PAYMENT

1.4 SUBCONTRACTOR COMPLIANCE

1.5 PERMITS AND RESPONSIBILITIES

1.6 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENT AND OTHER

GOVERNMENT OFFICIALS

1.7 IMMUNITY FROM LEGAL PROCESS

1.8 APPLICABLE LAW FOR BREACH OF CONTRACT

1.9 SUBMITTALS

1.10 PUBLIC RELEASE OF INFORMATION

1.10.1 Prohibition

1.10.2 Subcontracts and Purchase Orders

1.11 REFERENCED STANDARDS

1.12 PROHIBITED ITEMS

1.13 PROPRIETARY NAMES

1.14 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS. 6

1.15 ENGLISH SPEAKING REPRESENTATIVE

1.16 NO WAIVER BY GOVERNMENT

1.17 GENERAL SECURITY REQUIREMENTS

1.17.1 Access Guidelines

1.17.2 Responsibility for Physical Security

1.17.3 Access to Operational Areas

1.17.4 Employment

1.18 EXPERIENCE AND QUALIFICATIONS OF PERSONNEL

1.19 COMMERCIAL POWER INTERRUPTIONS

1.20 EQUIPMENT GUARANTEES

1.21 AS-BUILT DRAWINGS

1.21.1 General

1.21.2 Working As-Built Drawings

1.21.3 Final As-Built Drawings

1.21.4 Execution and Review

1.22 CORRESPONDENCE AND LANGUAGE

1.22.1 Correspondence in the English Language

PART 2: PRODUCTS

PART 3: EXECUTION

3.1 CONTRACTOR RESPONSIBILITY

3.1.1 Protective Measures

3.1.2 Contractor’s Supervision

3.2 PERMISSION TO EXCAVATE

3.3 UTILITY SERVICE INTERRUPTIONS

3.4 CONTRACTOR SITE FACILITIES

3.4.1 Availability and Use of Utility Services

3.4.2 Storage Areas

3.4.3 Trash Disposal

3.4.4 Additional Requirements

3.5 ENVIRONMENTAL PROTECTION

3.5.1 General

3.5.2 Protection of Land Resources

3.5.3 Protection of Water Resources

3.6 ROAD MAINTENANCE AND TRAFFIC CONTROL

SECTION 00 73 15.50 GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS (05/2015)

3.7 USE OF EXPLOSIVE MATERIALS

3.8 PROJECT SIGNS

3.9 WARRANTY

3.10 CONTRACTOR SAFETY PROGRAM

3.11 CONTRACTOR QUALITY CONTROL PROGRAM

3.11.1 General Requirements

3.11.2 Personnel Requirements

3.11.3 Control

3.11.4 Documentation

3.12 PROJECT SCHEDULE

3.12.1 General Requirements

3.12.2 Basis for Payment

3.13 SUBMITTAL PROCEDURES

3.13.1 Transmittal Form

3.13.2 Scheduling

3.13.3 Variations / Substitution Requests

3.13.4 Disapproved Or Rejected Submittals

3.13.5 Approved/Accepted Submittals

3.13.6 Withholding Of Payment

PART 1: GENERAL

1.1 ORGANIZATION AND LAYOUT

The headings in this document and in other documents of this contract are for convenience of reading only and should not be utilized to interpret the contents of the documents.

Any place in the documents of this contract where singular is used, it can also mean plural and vice versa.

1.2 DEFINITIONS

Unless stated otherwise, the term “Contracting Officer” in these documents refers to the Contracting Officer or Administrative Contracting Officer

(ACO) (For the purposes of these specifications, the term “ACO” is understood to mean “Ordering Officer” or OO on Job Order Contracts (JOC);

ACO’s have no contractual authority on JOC contracts.

The term “Contracting Officer’s Representative” (COR) refers to the

Contracting Officer, Administrative Contracting Officer, or other specifically designated representative. Designation of an ACO or COR will be made in writing by the Contracting Officer and a copy of the designation provided by the ACO or COR to the Contractor, who shall keep a copy with their files.

As used in this specification, the term “local authorities” refers to all civil and military agencies of the host nation, be they national or local, having jurisdiction over any respective part of the project. “Host Nation” as used herein refers to the country where the work is performed and shall include all local, federal, national, and any other governmental entity of the host nation.

1.3 PAYMENT

Separate payment will not be made for compliance with this specification.

All costs associated therewith shall be included in the applicable unit prices or lump-sum prices contained in the Bidding Schedule.

1.4 SUBCONTRACTOR COMPLIANCE

Compliance with this specification by subcontractors shall be the responsibility of the Contractor.

1.5 PERMITS AND RESPONSIBILITIES

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable laws, codes, and regulations in connection with the prosecution of the work. It shall be similarly responsible for all damages to persons or property that occurs as a result of the contractors fault or negligence. It shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. It shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which theretofore may have been accepted.

1.6 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENT AND OTHER

GOVERNMENT OFFICIALS

All communication by the Contractor with all officials, representatives and/or offices of the Host Government in all matters pertaining to the design or construction of this contract, shall be through and in full liaison with the Contracting Officer. This does not relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business, such as visas, permits, and custom clearances.

The contractor is further reminded that only the Contracting Officer or their authorized representative may give the contractor direction in regards to contract interpretation. ONLY a Contracting Officer or Administrative

Contracting Officer may modify the contract terms or conditions.

1.7 IMMUNITY FROM LEGAL PROCESS

The contractor agrees to indemnify and save harmless the United States

Government against all claims and suits of whatsoever nature arising under or incidental to performance of this contract by any subcontractor against the United States Government. The Contractor further agrees to waive his rights to bring suit or other legal against the United States Government, except as provided in the “Disputes” clause of this contract and in the

United States Federal Statutes.

1.8 APPLICABLE LAW FOR BREACH OF CONTRACT

United States law will apply to resolve any claim of breach of this contract.

1.9 SUBMITTALS

The Government and Contractor will identify required submittals at the initial project meeting. Additional submittals may be required when deemed necessary to adequately describe the work covered in the respective sections.

Each submittal is to be complete and in sufficient detail to allow determination of compliance with contract requirements. Contractor's

Quality Control (CQC) System Manager and the Designer of Record, if applicable, shall check and approve all items prior to submittal and stamp, sign, and date indicating action taken. Proposed deviations from the contract requirements are to be clearly identified.

Include within submittals items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders; samples; O&M manuals(including parts list); certifications;

warranties; and other such required submittals.

1.10 PUBLIC RELEASE OF INFORMATION

1.10.1 Prohibition

There shall be no public release of information or photographs concerning any aspect of the materials or services relating to this solicitation, contract, purchase order, or other documents resulting therefrom without the prior written approval of the Contracting Officer.

1.10.2 Subcontracts and Purchase Orders

The Contractor agrees to insert the substance of above paragraph

"Prohibition" in each subcontract and purchase order generated for this contract.

1.11 REFERENCED STANDARDS

Unless specifically called out in the specifications, Host Nation Standards shall be used for this contract. Where reference is made in the contract to

Host Nation Standards, including, but not limited to those issued by the

Deutsches Institut für Normung e.V. (DIN; in English, the German Institute for Standardization) and The European Committee for Standardization or

Comité Européen de Normalisation (CEN) (EN Standards), including where such standards are incorporated into the contract in full text or by reference, the reference/incorporation applies only to establish a technical standard or level of performance or quality and does not create substantive rights under the contract.

All costs required to comply with these standards shall be included in the bid price, including the performance of any additional work, such as

“associated” and “special” tasks. Notwithstanding any language in the standards, the requirement to provide any necessary material, item of equipment or work, rests with the contractor unless another contract provision clearly states that such will be government furnished.

When standards referenced in a specification are in conflict with each other

(such as when a US Standard conflicts with a European or Host Nation standard within the same specification section), Host Nation Standard shall govern. A conflict does not exist when standards require separate methods or performance and both are achievable. In these situations, the contractor shall comply with both standards. This does not apply to documents with a different Order of Precedence (for example, a standard referenced in a

Contract clause would have a higher order of precedence than one referenced in a specification).

The Contractor shall make available, in electronic format, any standard referenced in the contract specifications or used in the project design and construction.

1.12 PROHIBITED ITEMS

The following is prohibited in this construction project:

a. Use of aluminum for electrical conductors.

b. Embedding aluminum conduit in concrete.

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

d. Use of urea-formaldehyde foam insulation products.

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

f. Use of any ozone depleting chemicals

g. Use of zinc-chromate

h. Use of materials containing asbestos

The Contractor shall submit only materials, equipment, or systems for approval that have been in service/manufacture for at least two (2) years.

1.13 PROPRIETARY NAMES

Unless specifically identified in the contract as a Sole Source Item, manufacturer's proprietary names indicated for colors, textures and patterns of materials are for the purpose of color, texture and pattern selection only. Other materials are acceptable provided they closely approximate colors, textures and patterns indicated. Any substitutions must conform to all other requirements and must be approved by the Contracting Officer.

1.14 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants identified in the Contractor’s proposal shall be limited to individuals or firms that were specifically identified in the proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for any designated in-house personnel, subcontractors, associates, or consultants.

1.15 ENGLISH SPEAKING REPRESENTATIVE

At all times during the performance of work on this contract, the Contractor shall have a representative available and capable of explaining the work operations and receiving instructions in the English language. The

Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

Notwithstanding any other contractual requirements, the Site Safety and

Health Officer, all Quality Control Personnel, the Site Superintendent, and

Project Manager shall be able to communicate to site workers and other subordinates in their native language(s) and take direction from the

Contracting Officer or Contracting Officers Representative through the designated English Language Speaking Representative.

1.16 NO WAIVER BY GOVERNMENT

The failure of the Government, in any one or more instances, to insist upon the strict performance of any of the terms of this contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon such terms or option on any future occasion.

1.17 GENERAL SECURITY REQUIREMENTS

1.17.1 Access Guidelines

The Contractor shall be responsible for adhering to all guidelines established by local authorities for access to the project/work site(s) and will be responsible for the daily access of their personnel and subcontractor workers. The Contractor is solely responsible for obtaining any required access for both its employees and any subcontractor employees, and ensuring they remain qualified for base access throughout contract performance.

Delays due to difficulty in access will not be justification for time or monetary compensation from the Government.

The Contractor is cautioned to review any Additional Security Guidelines specified elsewhere in this contract for more stringent requirements or specific access conditions.

1.17.2 Responsibility for Physical Security

The contract price shall include an amount sufficient to cover all security measures based on local conditions and as required by the Government and as directed by the Contracting Officer throughout the duration of the contract.

a. The Contractor shall be responsible for physical security of all construction materials, supplies, and equipment of every description

(including property which may be Government furnished or owned) provided and/or utilized in the execution of this contract.

b. Adequate outside security lighting shall be provided at the Contractor’s temporary facilities.

c. Contractor’s personnel shall assure that all equipment is de-energized and stored in designated storage areas together with supplies upon completion of work. When buildings are unoccupied, lights, water outlets and blowers shall be turned off and windows closed and locked on a floor-to-floor basis as work progresses, followed by locking of all exterior doors upon completion of work. Keys to buildings shall be deposited with the pertinent installation or building duty officer.

The Contractor shall be responsible for any losses or damages arising from their failure to secure buildings during and after working hours.

d. The Contractor shall be responsible in the event of theft by their personnel of Government property or personal property of Government personnel, civilian or military. All lost or misplaced articles found by their employees shall be turned in to the COR.

1.17.3 Access to Operational Areas

Contractor personnel are expressly prohibited and shall be restricted from entering operational buildings or areas without the specific authorization of the COR. To perform work, where "security escorts" are required for access to a facility, the Contractor shall coordinate with the Contracting

Officer for access to such facilities.

1.17.4 Employment

Should the continued employment of any person in connection with this contract, or any subcontract hereunder, be deemed by the Contracting Officer to be prejudicial to the interests of the Government, that person shall immediately be removed from the work. In this connection the Contractor agrees that:

a. Cases which may involve disciplinary action against such persons, or the necessity of reassignment or termination of their services, shall be investigated, processed, reported and disposed of, as directed by the Contracting Officer.

b. Employment contracts of all persons employed in connection with this contract, or any subcontract hereunder shall include clauses containing the substance of this clause.

1.18 EXPERIENCE AND QUALIFICATIONS OF PERSONNEL

When qualifications of key personnel referenced in other sections require experience or “related experience”, the experience must be on projects of the same type and nature as the work identified in the project scope of work. References and experience must be sufficiently detailed to allow for verification of experience. The Contracting Officer shall have final authority on determining the relevance of any experience submitted. Any individual found to not be in compliance with this paragraph shall be subject to removal by the Contracting Officer.

1.19 COMMERCIAL POWER INTERRUPTIONS

Commercial power interruptions are anticipated during the construction period. In the event of commercial power interruptions, the Contractor shall provide back-up power if they deem necessary, at no additional cost to the U.S. Government. No time extension, however, will be allowed because of commercial power interruptions.

1.20 EQUIPMENT GUARANTEES

When a completed facility is transferred to the User and the facility has equipment installed which is covered by a guarantee, the Contractor shall furnish to the COR the following information:

a. Contract number and a list of all items of equipment, properly identified, that are covered by a guarantee period under the terms and conditions of the contract, including make and model numbers.

b. A copy of all manufacturer's or vendor's guarantee documents.

c. The dates during which the Contractor's guarantee is in effect under the identified individual section and paragraph of the contract specifications for each item of equipment on the list (indicating for each item the date of acceptance for the beginning of the guarantee period, either for beneficial use or final acceptance, whichever is earlier, and the expiration date of the guarantee period).

d. Name of an authorized representative of the Contractor with complete address and telephone number; and the names, addresses and telephone numbers of all subcontractors and/or equipment suppliers or manufacturers specifically designated in writing by the Contractor for direct contact by the COR for implementing the guarantee after transfer of the equipment.

The performance security will not be returned until all implementing equipment guarantees are delivered.

1.21 AS-BUILT DRAWINGS

1.21.1 General

The Contractor shall receive the final solicitation drawings in electronic format. These drawings shall be the basis for the working as-built drawings.

The final as-built drawing submittal shall consist of the following:

a. One (1) complete electronic copy of the CADD drawing files on DWG and DGN format, including all reference files.

b. One (1) complete electronic copy of the CADD drawing files on PDF format, including all reference files.

1.21.2 Working As-Built Drawings

The working as-built drawings shall be print sets taken from the contract drawings. They are kept at the construction site for mark-up by the

Contractor to record all as-built conditions, and shall be revised and updated continuously to show the as-built conditions during the progression of the project.

a. Where contract drawings or specifications allow options, only the option selected for construction shall be shown on the as-built drawings.

b. Shop drawings containing as-built information shall be incorporated into the working as-built drawings. This additional information may be added to an existing working as-built drawing or may require the addition of a new drawing to the working as-built drawing set.

The working as-built drawings will be jointly reviewed for accuracy and completeness by the Contracting Officer and the Contractor prior to submission of each pay estimate.

1.21.3 Final As-Built Drawings

The final as-built drawings shall be the final record of construction as installed and completed by the Contractor and as indicated on the working as-built drawings. All changes, variations and/or required additions to the contract drawings shall be included. In the event the Contractor accomplishes additional work which changes the as-built conditions of the facility after submission of the final as-built drawings, the Contractor shall furnish revised and/or additional drawings as required to depict as-built conditions. The requirements for these additional drawings will be the same as for the as-built drawings included in the original submission.

1.21.4 Execution and Review

The Contractor shall mark up one (1) set of paper prints by the red-line process to show the as-built conditions. The as-built marked prints shall be kept current on a weekly basis and available on the jobsite at all times.

Upon completion of the project and within 30 days of the final inspection, the Contractor shall revise the final drawings to reflect the as-built changes to match the approved working as-built drawings.

1.22 CORRESPONDENCE AND LANGUAGE

1.22.1 Correspondence in the English Language

In addition to FAR 52.214-34 – Submission of Offers in the English Language, it shall be the responsibility of the Contractor to prepare proposals and all documents related to this contract, to include but not limited to, change orders, shop drawings and submittals, quality control reports, computations, and all correspondence, in the English language. In the event of disputes or litigation arising out of performance of this contract, the contractor will provide English language translations of any documents that are provided to the Government in support of the contractor's position or any documents pertinent to the dispute that are requested by the Government.

For the purposes of this paragraph, pertinent means any documents that would normally be considered to be within the scope of discovery in an ASBCA or court proceeding concerning the dispute. The term 'documents' includes electronic documents including but not limited to email and includes documents generated by subcontractors or suppliers.

In the event a dispute results in litigation, including actions at the ASBCA or actions in U.S. courts, the contractor will be responsible for providing translations of any documents that are within the scope of a discovery request filed by the U.S. Government and for providing certified translations upon request by the U.S. Government.

PART 2: PRODUCTS

Not Used

PART 3: EXECUTION

3.1 CONTRACTOR RESPONSIBILITY

3.1.1 Protective Measures

The Contractor shall be responsible for protective measures during construction and shall provide barricades and protective signs in both the

English and host nation languages for the safety of building inhabitants and passers-by. For inside work, the Contractor shall protect floors, furniture, and furnishings, appliances, other objects and structural parts against soiling or damage, by using drop cloths or other suitable coverings.

If specifically stated elsewhere in this contract, the Contractor shall be responsible for removal of furnishings (including furniture, carpets and drapes) and equipment (such as machines which are in addition to equipment which forms part of integral building systems requiring work under the contract) as required for preparation of work areas, and the reinstallation thereof. The Contractor shall replace furnishings and equipment at their original locations upon completion of the work. If not specifically stated elsewhere in this contract to be the Contractor’s responsibility, furnishings and equipment as described above required to be removed for preparation of work areas, and the reinstallation thereof, shall be the responsibility of Government forces.

Repair of damages to personal property, buildings, vehicles, ground or other

Government property caused directly or indirectly by their personnel shall be the Contractor's responsibility and shall be repaired or replaced at the

Contractor’s expense.

3.1.2 Contractor’s Supervision

The Contractor shall provide adequate supervision of all employees to ensure complete and satisfactory performance of all work required in accordance with the specifications and terms of the contract. The Contractor shall be at the site of the work whenever services are being performed to receive instructions from the Contracting Officer.

3.2 PERMISSION TO EXCAVATE

Before excavation begins, the Contractor shall obtain all necessary permits in addition to written permission to excavate from the appropriate local authorities having jurisdiction.

The contractor remains responsible for identifying and confirming the location of all utilities prior to performing any excavation and shall be responsible for repairing any damages to utilities caused by their construction activities at no additional cost to the government.

Additional requirements are specified elsewhere in the contract, including but not limited to the contract clauses and in EM 385-1-1.

3.3 UTILITY SERVICE INTERRUPTIONS

The Contractor shall be responsible for coordination with appropriate utility companies and installation representatives to obtain all necessary permits and approvals for utility service interruptions. If, as a condition of approval, outages are required to be limited to weekends, holidays, or non-standard work hours, the Contractor shall perform the work during the time designated.

Additionally, the Contractor shall submit written notification to the

Contracting Officer not less than 15 calendar days in advance of each interruption for each utility and or communication service to or within existing buildings and facilities being used. As a minimum, the request should include the location of the outage, utilities being affected, duration of outage and any necessary sketches. No single outage will exceed

4 hours unless approved in writing by the Contracting Officer.

3.4 CONTRACTOR SITE FACILITIES

The Contractor shall provide, at its own expense, all facilities as may be necessary for the purposes of construction work. The location, construction, maintenance, operation and removal of the Contractor’s buildings, shops, storage areas and other facilities at the project site shall be subject to the approval of the Contracting Officer. The Contractor shall maintain a temporary on-site office which will provide project files and drawings, telephone service, internet service, and space for the

Contracting Officer to conduct on-site meetings with the Contractor.

Adequate break room and a portable toilet facility shall be furnished by the

Contractor for use by contract personnel, and will be the Contractor’s responsibility to maintain in a sanitary condition.

The Contractor will be permitted to use the designated area within the contract limits for operation of their construction equipment and plants, shops, warehouses, and offices. The Contractor is responsible for obtaining any required additional mobilization above that designated. The Contractor will conduct delivery and storage of materials in an area approved by the

Contracting Officer in writing. If a road must be blocked, or any additional area is required during construction, this must be coordinated with the Contracting Officer at least ten calendar days in advance. On completion of the contract, all facilities shall be removed from the mobilization area by the Contractor and shall be disposed of in accordance with the applicable host nation laws and regulations. The site shall be cleared of construction debris and other materials and the area restored to its final grade and condition.

The Contractor shall provide, at its own expense, such temporary heating or cooling as may be necessary for their office and personnel, or for the purposes of construction work. Any temporary type of heating or cooling provided shall conform to all applicable safety requirements and will be subject to the approval of the Contracting Officer.

3.4.1 Availability and Use of Utility Services

The contractor is responsible for making all necessary evaluations prior to bid as to the availability of utility services.

Connection to the sources of water and electricity and bringing them to the work location shall be done by the contractor at his own expense. The government is not responsible for water or electrical stoppage and the contractor has the responsibility to make prior proper arrangements, at their own expense for independent supply (water storage, generators, etc.).

3.4.2 Storage Areas

All materials, equipment, and supplies shall be stored in accordance with manufacturer’s regulations, EM385-1-1, and host nation codes. In the event of conflicts between regulations, the Host Nation regulations shall govern.

Materials which are stored out-of-doors shall be adequately protected.

Unless specifically authorized by the government, no materials may be stored in open areas exposed to the elements.

The Contracting Officer may direct the removal of any items which are stored improperly. If the government allows for payment of stored materials, no payment shall be allowed for materials, equipment, or supplies which are improperly stored. Additionally, the government may withhold sufficient funds from pay requests to provide for the repair or replacement of materials, equipment, or supplies which have been improperly stored and installed.

3.4.3 Trash Disposal

All waste material, including excess soil materials, shall be the property and responsibility of the Contractor. The Contractor shall be responsible for collection and disposal of trash from the work areas and from the mobilization area in a manner complying with all local laws. It is prohibited to allow dig material and litter to pile up in the area of the construction site.

3.4.4 Additional Requirements.

The Contractor shall be responsible for coordinating use of existing roads as haul routes with the host nation Government and local authorities.

Construction, and routing of new haul routes, and/or upgrading of existing roads to carry anticipated construction traffic shall be coordinated with the host Government and local authorities and is the sole responsibility of the Contractor. It shall be the Contractor's responsibility to obtain such local authorizations, permits, and licenses necessary to establish quarry operations, batching operations, and haul routes.

3.5 ENVIRONMENTAL PROTECTION

3.5.1 General

The Contractor shall be responsible for the prevention of environmental pollution during and as the result of construction operations under this contract, and shall comply with all host nation environmental laws and regulations

3.5.2 Protection of Land Resources

The land resources outside the limits of permanent work shall be preserved in its present condition or restored to its original condition after completion of construction. The Contractor shall confine construction activities to areas defined by the plans or specifications. Any landscape feature damaged by the Contractor’s operations shall be restored to its original condition at the Contractor’s expense. The Contracting Officer will decide what method of restoration shall be used.

3.5.3 Protection of Water Resources

The Contractor shall not pollute streams or drainage courses with construction wastes (solid or liquid), or other harmful materials. All work shall be performed so that objectionable conditions will not be created.

a. Erosion Control. Fills and waste areas shall be constructed by selective placement to eliminate silts or clays on the surface that will erode and contaminate adjacent streams and reservoirs.

b. Dust Control. The contractor shall take all necessary measures to minimize the creation of dust during their operations.

c. Spillage. Special measures shall be taken to prevent chemicals, fuels, oils, greases, bituminous materials, waste washings, herbicides and insecticides, and cement from contaminating soil and ground water or from entering streams.

d. Disposal. Ground which has been contaminated by Contractor activities shall be excavated, disposed of as directed by the host nation environmental laws and regulations, and replaced with suitable fill material, compacted and finished with top soil all at the expense of the Contractor.

3.6 ROAD MAINTENANCE AND TRAFFIC CONTROL

The Contractor shall at all times coordinate the work under this contract with the authorities having jurisdiction over the streets and shall be responsible for obtaining approval by the local authorities. Traffic control or street name sign posts adjacent to construction work sites shall be protected from damage. If relocation or removal of such signs is necessary, the Contractor shall coordinate with the local authorities. The Contractor will repair any sign, pavement marking or support damaged by the construction activity.

3.7 USE OF EXPLOSIVE MATERIALS

Use of explosive materials in the context of the work defined in this contract is strictly prohibited.

3.8 PROJECT SIGNS

On commencement of work on this project, the Contractor shall furnish and erect the following temporary signs in locations selected by the Contracting

Officer near the project site. The Contractor shall maintain the signs in good condition throughout the project construction period and on completion of the project shall remove the Safety Sign from the premises:

a. Safety Sign. This sign shall conform to the requirements of Local Standard Drawing Safety sign.

b. Project Sign. This sign shall conform to Standard Drawing Project Sign.

The Government will provide templates of the required above signs as part of the solicitation package.

3.9 WARRANTY

All facilities and furnishings provided under this contract shall be warranted against material and workmanship defects for one (1) year from date of acceptance. All manufacturers’ warranties/guarantees longer than a year on equipment, materials or furnishings shall be passed on to the user

(See Section 1.20).

During the warranty period, the contractor shall provide the names of at least two authorized representatives with complete address and telephone numbers. These representatives will be contacted in case of a warranty call, and must be available for emergency calls 24 hrs/day, 7 days/week. Once a warranty call is made, the contractor shall investigate and promptly perform any required actions. Normal repairs shall be completed within 24-48 hrs and emergency calls shall be responded to within 4 hours.

3.10 CONTRACTOR SAFETY PROGRAM

The Contractor’s Safety Program shall be managed in accordance with the most recent version of the Safety and Health Requirements Engineer Manual (EM

385-1-1), and applicable local laws and regulations. See Specification

Section 01525 – Safety and Occupational Health Requirements for Projects in

Emerging Countries.

3.11 CONTRACTOR QUALITY CONTROL PROGRAM

3.11.1 General Requirements

The contractor shall establish and maintain an effective quality control

(QC) system in compliance with the Contract Clause 52.246-12 titled

"Inspection of Construction." QC consists of plans, procedures, and organization necessary to produce an end product which complies with the contract requirements. Cover all design and construction operations, both onsite and offsite, and be keyed to the proposed design and construction sequence.

3.11.2 Personnel Requirements

The project superintendent/site superintendent will be held responsible for the quality of work and is subject to removal by the Contracting Officer for non-compliance with the quality requirements specified in the contract. In this context the highest level manager responsible for the overall construction activities at the site, including quality and production is the project superintendent. The project superintendent must maintain a physical presence at the site at all times and is responsible for all construction and related activities at the site, except as otherwise acceptable to the

Contracting Officer.

All Quality Control personnel shall be approved by the Contracting Officer and are subject to removal at any time based on the sole discretion of the

Contracting Officer. Removal shall not be subject to appeal by the contractor.

Individualized plans or processes for Quality Control may be required by the

Contracting Officer’s Representative to which the Contractor must comply within the time specified by the Contracting Officer’s Representative.

3.11.3 Control

Contractor Quality Control is the means by which the Contractor ensures that the construction, to include that of subcontractors and suppliers, complies with the requirements of the contract. To achieve this, the contractor shall perform regular control checks as follows:

a. Identification of Features of Work: At the project initiation meeting, the critical features of work will be identified by the

Government and Contractor and documented in the meeting minutes.

b. Preparatory Checks: Prior to commencing work on any defined feature of work, the contractor shall submit a written plan describing their general plan for accomplishing the work and procedure for verifying that it complies with the contract. Any associated submittals must be identified. Document construction tolerances and workmanship standards. This plan shall identify safety hazards associated with the work and the measures which will be taken to assure safety requirements are met.

c. Initial Check: After completion of a representative sample of the feature of work, the contractor shall check to ensure that it is in full compliance with contract requirements. This sample will establish the level of workmanship. Documentation of this check shall be provided in the CQC Documentation.

d. Daily Checks: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements, until completion of the particular feature of work. Record the checks in the CQC documentation. Conduct final checks and correct all deficiencies prior to the start of additional features of work which may be affected by the deficient work. Do not build upon nor conceal non-conforming work. Perform specified or required tests to verify that control measures are adequate to provide a product which conforms to contract requirements.

e. Final Acceptance Inspection: The final acceptance inspection will be formally scheduled by the Contracting Officers Representative upon notification by the contractor that the work is or will be completed by a specific date. A minimum of 45 calendar days advance notice must be given to allow for coordination of Government representation.

Failure of the Contractor to have all contract work acceptably complete for this inspection will be cause for the Contracting Officer to bill the Contractor for the Government's additional inspection cost in accordance with the contract clause 52.246-12 titled "Inspection of

Construction".

3.11.4 Documentation

The government utilizes the Resident Management System (RMS) computer software system to monitor progress and document quality assurance activities. The Government will make a stand-alone version of this software, called Quality Control System (QCS) available to the contractor at no additional charge. Training will be provided if so requested. The

Government encourages, but does not require, the contractor to utilize this system to document their quality control activities. However, the QCS system will be used to generate progress payments. When the QCS system is not used for QC activities, the contractor shall be responsible for providing all required documents in an electronic format approved by the

Contracting Officer prior to making any payment. Should the contractor utilize QCS, any hardware (including, but not limited to computers and internet access) and associated costs with the use of the system (such as internet or e-mail access) shall be the sole responsibility of the contractor.

The contractor shall provide the following documentation of on-site and quality control activities

a. A Weekly Quality Control Report identifying:

Quality Control activities, inspections, and tests, including results and findings

Deficiencies identified but not yet corrected

Narrative of work accomplished and work scheduled for the following two weeks

Quantity and Number of labor hours (total) of personnel on-site

Discussion of safety inspections and checks performed

b. Photos shall be taken on a recurring basis and provided to the Government at least monthly. Photos shall be of a minimum 1,504x1000 resolution, and shall not be edited in any manner, to include cropping or manipulation of appearance. Photos shall be in the JPG format with the camera set on the maximum resolution. The camera shall also be able to place the date the photo was taken on the image, and the EXIF information shall include the date the photo was taken as well as the date the file was modified.

3.12 PROJECT SCHEDULE

3.12.1 General Requirements

A Project Schedule shall be prepared as described below. The scheduling of construction shall be the responsibility of the Contractor. The approved

Project Schedule shall be in sufficient detail to measure the progress of the work, to aid in evaluating time extensions, and to provide the basis of all progress payments.

The schedule shall as a minimum show the beginning and end (calendar) dates of all major construction features, i.e. building designs, start of onsite work, construction of foundations, wall, slabs, roofing, interior & exterior finishing of each structure, site work, installation of plumbing, electrical systems (if any), mechanical systems (if any), completion of onsite work, etc. A schedule prepared using computer scheduling software systems is required.

The schedule is to be revised when the contractor’s actual work lags behind the schedule be more than 30 calendar days, or if there is a modification to the contract changes the contract duration.

3.12.2 Basis for Payment

The schedule shall be used as the basis for determining contract earnings during each update period and therefore the amount of each progress payment.

Lack of an approved schedule update or qualified scheduling personnel will result in an inability of the Contracting Officer to evaluate contract earned value for the purposes of payment. If the Contractor fails to submit any schedule within the time prescribed, or if it is determined that the contractor is not following the approved schedule, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

In the event schedule revisions are directed by the Contracting Officer and those revisions have not been included in subsequent revisions or updates, the Contracting Officer may hold retainage up to the maximum allowed by contract, each payment period, until such revisions to the Project Schedule have been made. Activity cost loading shall be reasonable, as determined by the Contracting Officer. The aggregate value of all activities coded to a contract CLIN shall equal the value of the CLIN on the Schedule.

3.13 SUBMITTAL PROCEDURES

3.13.1 Transmittal Form

ENG Form 4025 generated in QCS shall be used for all transmittals. Properly complete this form by filling out all the heading blank spaces and identifying each item submitted. Exercise special care to ensure proper listing of the specification paragraph and sheet number of the contract drawings pertinent to the data submitted for each item.

Both the Designer of Record (for design-build projects) and the Contractor

Quality Control System Manager are to stamp and sign to certify that the submittal meets contract requirements.

3.13.2 Scheduling

Coordinate scheduling, sequencing, preparing and processing of submittals with performance of work so that work will not be delayed by submittal processing. Allow for potential resubmittal of requirements.

Schedule and submit concurrently submittals covering component items forming a system or items that are interrelated. Include certifications to be submitted with the pertinent drawings at the same time. No delay damages or time extensions will be allowed for time lost in late submittals.

The contractor is solely liable for ensuring that submittals are made with sufficient time to allow for Government review, ordering, and delivery or materials to the project site without delaying the project. Each submittal item must be linked to an activity in the progress schedule. A minimum of

30 days must be allowed for Government review of submittals, unless a shorter time period is mutually agreed to and documented as part of the initial project meeting.

3.13.3 Variations / Substitution Requests

Variations from contract requirements require Government approval pursuant to contract Clause FAR 52.236-21 titled “Specifications and Drawings for

Construction”, and will be considered where advantageous to Government. All variations must be identified on a transmittal and approved by the

Government prior to incorporation into the work.

3.13.4 Disapproved Or Rejected Submittals

Contractor shall make corrections required by the Contracting Officer. If the Contractor considers any correction or notation on the returned submittals to constitute a change to the contract drawings or specifications; notice as required under the clause 52.243-1 entitled, "Changes – Fixed Price" is to be given to the Contracting Officer.

Contractor is responsible for the dimensions and design of connection details and construction of work. Failure to point out deviations may result in the Government requiring rejection and removal of such work at the

Contractor's expense.

If changes are necessary to submittals, the Contractor shall make such revisions and submission of the submittals in accordance with the procedures above. No item of work requiring a submittal change is to be accomplished until the changed submittals are approved.

All resubmittals shall be provided within fifteen (15) days of the receipt of the Government comments or the original returned submittal with

Government review comments. Resubmittals shall only address the item(s) identified on the original submittal and shall not include new items – these must be provided on a separate transmittal.

3.13.5 Approved/Accepted Submittals

The Contracting Officer's approval or acceptance of submittals is not be construed as a complete check, and indicates only that design, general method of construction, materials, detailing and other information appear to meet the Solicitation and Accepted Proposal. Approval or acceptance will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the Contractor Quality Control (CQC) requirements of this contract is responsible for complying with the contract documents.

Approval of a sample is only for the characteristics or use named in such approval and is not be construed to change or modify any contract requirements. Before submitting samples, the Contractor to assure that the materials or equipment will be available in quantities required in the project. No change or substitution will be permitted after a sample has been approved.

3.13.6 Withholding Of Payment

No payment for materials incorporated in the work will be made if all required approvals have not been obtained. No payment will be made for any materials incorporated into the work for any conformance review submittals or information only submittals found to contain errors or deviations from the Solicitation or Accepted Proposal.

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