B.08.02.5_Att_5_-_Specifications_Binder.pdf

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 00

SPECIAL CONDITIONS (NAU)

04/19

PART 1 GENERAL

1.1 PAYMENT

1.2 DEFINITIONS

1.3 ORDER OF PRECEDENCE

1.4 DOCUMENTS IN MULTIPLE LANGUAGES

1.5 COMMUNICATION IN ENGLISH

1.5.1 English Speaking Representative

1.5.2 Correspondence And Documentation

1.5.3 Translations for Disputes

1.5.4 Additional Language Requirements

1.5.5 Language Fluency

1.6 PERMITS

1.6.1 General Requirements

1.6.2 Permits and Notifications

1.6.3 Final Acceptance

1.7 THIRD PARTY INSPECTION REQUIREMENTS

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

1.9 CONTRACTOR OBLIGATION

1.10 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

3.1.2 Work on Military Installations (General)

3.1.3 Access to Operational Areas

3.2 CONTRACT EXECUTION IN THE HOST NATION

3.2.1 Prime Contractor Responsibility for Subcontractor Disputes

3.2.2 Access to Areas Under Military Control

3.2.3 Contractor Responsibility

3.2.4 Archaeological and Historical Sites

3.3 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

3.4 RESTRICTIONS ON PAYMENT SUBMISSIONS

-- End of Section Table of Contents --

DOCUMENT 00 74 00 Page 1

SECTION 00 74 00

SPECIAL CONDITIONS (NAU)

04/19

PART 1 GENERAL

1.1 PAYMENT

Separate payment will not be made for compliance with this or any other Division 00 or Division 01 specification. All costs associated with these specifications shall be included in the applicable unit prices or lump-sum prices contained in the Bidding Schedule.

1.2 DEFINITIONS

The following terms are used throughout the contract documents. Except where a definition is provided with the specific occurrence, the following definitions apply to these terms.

a. Betterment. Any deliverable provided by an offeror prior to award or by the contractor after award which conforms to and exceeds the provisions of the contact. A betterment provided prior to award becomes binding upon award of the contract. After award, a betterment becomes a binding contract requirement upon acceptance by the Government of the document proposing the betterment, whether specifically identified as such or not.

b. Host Nation (HN). The country where the construction work is being performed.

c. Host Nation Language. The Official Language recognized by the national government of the country where the work is performed. If no Official Language has been designated, or where multiple Official Languages have been designated, it is the predominant language of the Government agency responsible for operation and maintenance of the facility or product constructed under this contract.

1.3 ORDER OF PRECEDENCE

In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Clause 52.236-21 Specifications and Drawings (Alt I)

(2) Any portion of a contractor provided deliverable (including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings) that both conforms to or exceeds the provisions of the contract (Betterments). All deliverables must conform to all provisions of the contract, in the order of precedence herein.

(3) Any portions of the accepted proposal that both conform to and exceed the provisions of the solicitation (Betterments).

(4) Contract Sections starting with "00", including these Special Conditions

DOCUMENT 00 74 00 Page 2

(5) Section 01 00 00, including Section 01 10 10 Statement of Work (Summary of Work or Scope of Work)

(6) All Other Specification Sections

(7) Special Requirements (SRs) or Special Technical Requirements (STRs)

(8) Referenced Technical Standards (such as NFPA, UFC, ASTM, DIN)

(9) Referenced Design Guides or other non-technical standards

(10) Drawings

(11) All other technical attachments to the contract, including Host Nation Technical Requirements, Standards, and References.

Amendments take precedence over all items listed above to the extent noted above and in the referenced clauses. For instance an amendment to a Drawing takes precedence over the original drawing but not over the Special Technical Requirements.

Design and product requirements, including criteria are minimum requisites.

In case of conflicting requirements within documents of the same order of precedence, the more stringent criteria governs. A conflict does NOT exist when both requirements can be met; in these instances the contractor shall comply with both requirements.

1.4 DOCUMENTS IN MULTIPLE LANGUAGES

If this contract includes documents in English and additional languages, the English language version shall govern over all other languages. In the event contract documents contain translations into non-English languages, the translation is provided solely for convenience.

For all purposes, the English language version shall be the governing instrument and understanding of the parties. In the event of any conflict between the English language version and any translation into any other language, the English language version shall govern and control.

1.5 COMMUNICATION IN ENGLISH

1.5.1 English Speaking Representative

All personnel required to communicate with the government on a recurring basis, including but not limited to Project Managers, Site Safety and Health Officers (SSHO), Superintendents, and Quality Control personnel shall be capable of explaining the work operations and receiving instructions in the English language whenever work is ongoing. This includes the ability to speak, read, write, and understand the directions of the Contracting Officer or their designated representatives when conducted in English.

1.5.2 Correspondence And Documentation

In addition to clause 252.225-7041, it shall be the responsibility of the Contractor to prepare all documents related to this contract, to include, change proposals, shop drawings, submittals, quality control reports, computations, and all correspondence, in the English language or with a

DOCUMENT 00 74 00 Page 3 translation of the original document into English.

1.5.3 Translations for Disputes

All documents originally produced in a language other than English submitted either as (a) part of a Request for Equitable Adjustment (REA),

(b) part of a claim under the Disputes clause or (c) as part of litigation, including actions at the ASBCA or actions in U.S. courts, shall be translated into English by a person who is recognized in accordance with the appropriate authorities to produce official/certified translations, and said translations shall be so certified.

This requirement applies to any document 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 e-mail 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.

The contractor shall bear sole responsibility for any costs associated with translation, as well as with any errors, omissions, or discrepancies between the original and English version of a document. In the event of any difference between the English version and any other version in any language, the English version shall govern.

1.5.4 Additional Language Requirements

When any worker on site at any level (contractor, subcontractor, supplier, etc.) cannot communicate in English or a language spoken by the Contractor's key personnel, the contractor shall ensure that, at all times that person is on site, at least one person is present who can communicate to that worker in their native language. Failure to comply with this requirement will be considered a life-safety issue.

1.5.5 Language Fluency

Personnel required to communicate with the Government should be competent in the English language at a minimum level B2 of the Common European Framework of Reference for Languages: Learning, Teaching, Assessment.

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

1.6 PERMITS

1.6.1 General Requirements

All documents required to be prepared in accordance with this paragraph (and sub-paragraphs) shall be prepared by the Contractor in the language(s) required by the HN. An English language translation prepared by a person with the appropriate qualifications shall be provided to the Contracting Officer concurrently. Submission of documentation shall be in accordance with HN requirements; either directly to the appropriate HN authority or through the Contracting Officer when the contractor is not permitted to

DOCUMENT 00 74 00 Page 4 provide the documents directly.

When U. S. Government signature is required, the Contractor shall obtain approval and signatures as needed for HN permitting and notification process from the COR. The contractor shall provide the required documentation sufficiently in advance of the date any approval or permit is required. The contractor is solely responsible for determining the amount of time the HN authorities will require to review and process the documentation. No additional time will be granted for delayed approval or rejection of contractor prepared documents.

A copy of all Approved Permits shall be furnished to the COR prior to the start of construction work.

1.6.2 Permits and Notifications

The contractor shall obtain all permits not required to be requested or obtained by the U.S. Government in accordance with FAR 52.236-7, Permits and Responsibilities. As incorporated herein, the requirements of FAR clause 52.236-7 extend to licenses, permits, and compliance with applicable Host Nation (HN) and local laws, codes, and regulations in connection with the prosecution of the work. The contractor is responsible for identifying and providing a comprehensive List of Required HN Permits.

Where the U.S. Government is required to obtain permits in accordance with Host Nation (HN) agreements, the Government will notify the contractor and the contractor shall prepare all necessary documentation. This includes providing documentation to show compliance with permit requirements.

1.6.3 Final Acceptance

Where final acceptance by the HN is required, the Contractor will coordinate with the HN Government, in conjunction with the U.S. Government, to determine the requirements for proper final inspection by the HN and provide any information required for proper final acceptance. The contractor shall incorporate the requirements for final acceptance into the design and construction of the project.

1.7 THIRD PARTY INSPECTION REQUIREMENTS

If, as a condition of any permit or to comply with HN laws, codes, and regulations, inspections by third parties are required, the contractor shall be responsible for ensuring those inspections are conducted and documented. The contractor shall be solely responsible for any and all costs associated with these inspections, including the actual inspection and any additional work or rework identified as part of the inspection process, to include the replacement of any materials or equipment determined to be not in compliance by the inspector.

No adjustment in the contract price or duration will be made based on events arising from these inspections, unless a delay occurs which is completely beyond the control and without the fault of the contractor, in which case an adjustment in the contract duration may be made under the DEFAULTS clause of the contract. No adjustment in price will be made should this occur. The contractor is solely responsible for identifying the period(s) of delay and substantiating an impact to the completion date.

These requirements are in addition to and separate from any requirements for Third Party Inspection Services identified in Section 01 10 00

DOCUMENT 00 74 00 Page 5

Statement of Work.

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

The contractor may arrange, through the appropriate Host Nation Government (HN) offices, to bring into the country nationals of third countries (TCN) having diplomatic relations with the host nation for purposes of employment in carrying out this contract work.

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN agency for the required customs clearances, passports, visas, licenses, or permits.

The contractor shall be responsible for the sponsorship of its employees and their dependents and shall process said permits directly with the appropriate HN agency. Offerors are advised that the HN reserves the right to limit access to designated security areas and refuse entry or employment of specified individuals, or to require their departure from the country, in accordance with national or local law and practice.

The U.S. Government does not have influence over the TCN issue and does not warrant the availability of TCN labor. The Contractor is cautioned to review any additional information specified elsewhere in this contract for more stringent requirements or specific restrictions or limitations on the use of foreign workers.

1.9 CONTRACTOR OBLIGATION

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN agencies for any and all required customs clearances, passports, visas, licenses, or permits.

1.10 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality Control approval. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

List of Required HN Permits; D Permits And Notifications Approved Permits

SD-11 Closeout Submittals

Final Acceptance

PART 2 PRODUCTS

Not Used.

DOCUMENT 00 74 00 Page 6

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

The Contractor shall be responsible for obtaining access and adhering to all guidelines established by the local authorities for access to the work site and will be responsible for the daily access of their personnel and subcontractor workers.

The Contractor is cautioned to review any additional security guidelines specified elsewhere in this contract for more stringent requirements or specific access conditions.

3.1.2 Work on Military Installations (General)

When work is performed on a military installation, every employee of the prime contractor, all subcontractor employees, and all material suppliers' employees, who require access to the installation for any reason and for any length of time will be required to obtain an installation/base access pass.

Individuals who will be performing work onsite for five or more days in total - even if non-consecutively - shall apply for installation/base pass and may not be "signed in" or otherwise presented as a "visitor". Failure to comply with this requirement may result in the loss of sign-in privileges and/or loss of installation access.

3.1.3 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 Contracting Officer. 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.

3.2 CONTRACT EXECUTION IN THE HOST NATION

3.2.1 Prime Contractor Responsibility for Subcontractor Disputes

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 action against the United States Government, except as provided in the "Disputes" clause of this contract and in the United States Federal Statutes.

3.2.2 Access to Areas Under Military Control

The laws of the Host Nation (HN) may prohibit access to certain areas of the country which are under military control. Clearances to access these areas must be obtained from the HN. It is understood that areas to which rights of entry are provided by the HN are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the HN.

DOCUMENT 00 74 00 Page 7

3.2.3 Contractor Responsibility

The Contractor shall be responsible for providing the necessary information (such as but not limited to, names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the HN) to the appropriate HN representatives, both civilian and military.

The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

a. Official language and type of accounts required to satisfy the officials of the Local Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for visas will be accepted.

c. Passports, health and immunization certificates, and quarantine clearance.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

e. Strikes, demonstrations and work stoppage.

f. Collection through withholding and payment to local Government, of any HN income tax on employees subject to tax.

g. Arranging to perform work in the HN, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

h. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, days of rest or other non-work days, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

i. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

j. Compliance with workmen's compensation laws and contributions into funds. Provisions of necessary medical service for Contractor employees.

k. Special license required by the local Government for setting up and operating any manufacturing plant in the HN, e.g. concrete batching, precast concrete, concrete blocks, etc.

l. Sales within the HN of Contractor-owned materials, and equipment.

DOCUMENT 00 74 00 Page 8

m. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

n. Identification and/or registration with local police of imported personnel.

o. Stamp tax on documents, payments and payrolls.

p. Base passes for permanent staff, day laborers, motor vehicles, etc.

q. Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

3.2.4 Archaeological and Historical Sites

The contractor shall be aware of all archeological laws and work accordingly including stopping work in the vicinity and reporting should archeological items be uncovered during the course of this contract.

3.3 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

All communication by the Contractor with all officials, representatives and/or offices of the Host Government (at any level) 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: directions received from Host Nation Government officials do not constitute direction to proceed in accordance with the Change clause and will not be considered a change to the contract without prior specific direction from the Contracting Officer.

3.4 RESTRICTIONS ON PAYMENT SUBMISSIONS

Reference is made to clause 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. Due to financial cutoff periods, the Government will not accept any progress payments submitted between the last 5 work days of a given month and the first 3 work days of the following calendar month (second month). Invoices submitted during this time will not be considered "received" as described in the reference clause until the 4th working day of the second month.

-- End of Section --

DOCUMENT 00 74 00 Page 9

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 01

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

03/19

PART 1 GENERAL

1.1 DETERMINATION OF UNUSUALLY SEVERE WEATHER

1.2 BASELINE WEATHER DAYS

1.2.1 Baseline Weather Days

1.2.2 Adjustment for Other Than 5 Day Work Week

1.2.3 Incorporation in Project Schedule

1.3 WEATHER CONDITIONS AT THE PROJECT SITE(S)

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 REPORTING

3.2 OCCURRENCE OF ACTUAL DELAY

3.3 CALCULATION OF ACTUAL DELAY AND CONVERSION TO CALENDAR DAYS

3.4 ISSUANCE OF MODIFICATION

3.5 DELAYS OUTSIDE STANDARD WORK DAYS

DOCUMENT 00 74 01 Page 1

SECTION 00 74 01

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

03/19

PART 1 GENERAL

1.1 DETERMINATION OF UNUSUALLY SEVERE WEATHER

This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause 52.249-10 "Default: (Fixed Price Construction)". In order for the Contracting Officer to award a time extension under this clause, all of the following conditions must be satisfied:

a. The weather experienced at the project site must exceed the baseline weather days identified below during a given month.

b. The weather must actually cause a delay to the completion of the project or any specified contractual milestone. The delay must be beyond the control and without the fault or negligence of the Contractor.

c. The delay must occur during the contractual performance period.

1.2 BASELINE WEATHER DAYS

1.2.1 Baseline Weather Days

The following schedule will constitute the baseline for monthly weather time evaluations.

BASELINE WEATHER DAYS

BASED ON A FIVE (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Projects Located in Africa

0 0 0 0 0 0 0 0 0 0 0 0

Projects Located in Estonia, Latvia, Lithuania, & Poland

10 10 10 6 5 5 5 7 8 10 10 10

Projects Located in Israel

5 5 4 1 0 0 0 0 0 1 3 5

All Other Locations

8 6 7 6 5 5 5 4 4 6 7 8

1.2.2 Adjustment for Other Than 5 Day Work Week

Monthly baseline weather days for a month shall be adjusted proportionately

DOCUMENT 00 74 01 Page 2 when the actual work week consists of more or less than 5 work days (i.e.

if work is scheduled to be performed 6 days in a week, the baseline weather days for a month would be adjusted by multiplying the number shown above by 6/5). Any fractional amount will be rounded to the nearest whole number (e.g. 4.1 will round to 4 and 4.6 will round to 5).

1.2.3 Incorporation in Project Schedule

The Contractor's progress schedule must reflect these baseline days in all weather dependent activities. Refer to Section 01 32 01PROJECT SCHEDULE (NAU) or Section 01 32 16 SMALL PROJECT PROJECT SCHEDULES (NAU) for the procedures for incorporating the baseline days into the schedule.

1.3 WEATHER CONDITIONS AT THE PROJECT SITE(S)

The Baseline Weather Days identified above are an administrative baseline only and do not represent the actual weather conditions to be expected at the site. No inference or conclusion shall be made regarding the actual weather conditions or the actual amount of weather delays to be anticipated based on this baseline.

The Contractor shall, prior to submitting a proposal or offer, be solely responsible for determining the actual weather conditions prevalent at the project site or sites and accounting for this information in their proposal or offer.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 REPORTING

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract performance period, the contractor will record on the CQC report the actual weather occurring at the site and and resultant impact to normally scheduled work. Impacted activities shall be identified by name and activity id on the CQC report.

When the use of RMS-CM (Section 01 45 01 RESIDENT MANAGEMENT SYSTEM - CONTRACTOR MODE) is required by the contract, weather shall be reported on the QC Report in RMS-CM and tracked therein. Failure to provide this information at the time of the preparation of the CQC report will be considered an acknowledgement that no delay existed, however reporting on the CQC report will not automatically be considered concurrence by the Government that delay occurred and it was due solely to the weather.

3.2 OCCURRENCE OF ACTUAL DELAY

To be considered a day of actual weather delay, progress on critical path activities must be less than 50 percent of the progress scheduled to occur on that day, and the progress must be impacted due solely to the weather.

3.3 CALCULATION OF ACTUAL DELAY AND CONVERSION TO CALENDAR DAYS

The number of actual weather days shall include days impacted by actual weather (even if weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be

DOCUMENT 00 74 01 Page 3 recorded as full days. Any fractional amount will be rounded to the next whole number (e.g. 4.1 will round to 5).

This calculation is performed automatically within RMS-CM under the "Weather Delays" screens of the QA/QC Module, and shall serve as the basis for the calculation when RMS-CM is required by contract.

3.4 ISSUANCE OF MODIFICATION

If the number of actual weather delay days exceeds the number of days identified in paragraph 1.2, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause 52.249-10 entitled "Default (Fixed Price Construction)".

Modifications will normally be issued no more than quarterly (once every three months) when actual weather delays exceed the baseline and will identify, by month, the applicable time extension. When the actual weather delays do not exceed the baseline for all months in a quarter, no modification will be issued but will be included in the next quarterly weather modification.

3.5 DELAYS OUTSIDE STANDARD WORK DAYS

Weather delays occurring prior to Notice to Proceed, during non-working days, or after the required completion date are not excusable under the Defaults clause.

When the contract performance period, or any extension thereof, has passed, no extensions for unusually severe weather will be granted.

DOCUMENT 00 74 01 Page 4

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 00

GENERAL REQUIREMENTS (NAU)

04/19

PART 1 GENERAL

1.1 PURPOSE

1.2 DESIGN-BUILD LANGUAGE

1.3 SUBMITTALS

1.4 DEFINITIONS

1.5 NO WAIVER BY GOVERNMENT

1.6 PROPRIETARY NAMES

1.7 PUBLIC RELEASE OF INFORMATION

1.7.1 Prohibition

1.7.2 Subcontracts and Purchase Orders

1.8 PERSONNEL AND SUBCONTRACTORS

1.8.1 Removal for Non-Compliance

1.8.2 Substitution and Replacement

1.8.3 Qualifications

1.8.4 Employment

1.9 REFERENCES

1.10 REFERENCED STANDARDS

1.10.1 Version and Date of Standard

1.10.2 Host Nation Standards

1.11 PRECONSTRUCTION CONFERENCE

1.12 PARTNERING

1.12.1 Informal Partnering

1.12.2 Formal Partnering

1.13 ELECTRONIC MAIL (E-MAIL) ADDRESS

1.14 ELECTRONIC CORRESPONDENCE

1.15 HOURS OF WORK

1.15.1 Normal Work Hours

1.15.2 Work Outside of Normal Hours

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PHOTOGRAPHIC DOCUMENTATION

3.2 MOBILIZATION PLAN

3.3 PROJECT SIGN

3.4 TRAFFIC CONTROL

3.4.1 Haul Routes

3.4.2 Road Closures

3.5 CONTRACTOR SITE FACILITIES

3.5.1 Contractor Offices

3.5.1.1 Site Facilities - Other Than JOC Projects

3.5.1.2 Site Facilities - JOC Projects

3.5.2 Construction Fence/Screening

3.5.3 Maintenance of Construction Site

3.5.4 Storage Areas

SECTION 01 30 00 Page 1

3.5.5 Physical Security

3.5.6 Washing of Vehicles

3.6 ENVIRONMENTAL PROTECTION

3.6.1 Environmental Protection Plan

3.6.2 Protection of Personnel

3.6.3 Protection of Land Resources

3.6.4 Protection of Water Resources

3.6.5 Spillage

3.6.6 Dust Control

3.7 MATERIALS

3.7.1 Hazardous Materials

3.7.2 Recycling and Minimization of Waste

3.8 EXCLUSIONS

3.8.1 Prohibited Materials

3.8.2 Hazardous Materials

3.8.3 Explosive Materials

3.8.4 Burning

3.9 PROTECTIVE MEASURES

3.10 UTILITY OUTAGES

3.11 TEMPORARY CONSTRUCTION AND UTILITIES

3.11.1 Temporary Utilities

3.11.2 Temporary Construction

3.12 EXCAVATION

3.12.1 Permission to Excavate

3.12.2 Utility Locations

3.12.3 Utility Location Verification

3.12.4 Weather Protection

3.13 UNEXPLODED ORDNANCE

3.14 DISPOSITION OF MATERIALS

3.14.1 Turn-In Salvage Materials

3.14.2 Title to Materials

3.14.3 Waste

3.15 RESTORATION OF CONSTRUCTION SITE

SECTION 01 30 00 Page 2

SECTION 01 30 00

GENERAL REQUIREMENTS (NAU)

04/19

PART 1 GENERAL

1.1 PURPOSE

This specification provides general requirements which the contractor shall follow during the execution of the work. As they are general in nature, specific requirements identified in any other portions of the contract, including in other Division 01 specifications, shall take precedence in the event of a conflict. In this context, a conflict exists only when both requirements cannot be met; if both can be met there is no conflict and the contractor shall comply with both requirements.

1.2 DESIGN-BUILD LANGUAGE

References in the Division 00 and 01 specifications to "design" are not applicable to design-bid-build projects and to all Job Order Contract (JOC). Nothing in the aforementioned specifications shall be interpreted to require design effort unless required by other contract documents.

Where the contract documents refer to contractor prepared designs, these requirements apply.

Notwithstanding the above, design related activities, including extensions of design and shop drawings, required to perform the work and comply with other technical requirements are considered part of this contract and shall be included in the contractors pricing without separate or additional payment.

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality Control approval. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

Pre-construction photos;

Mobilization Plan; G Environmental Protection Plan; G Traffic Control Plan; G Construction Fence/Screening; G Temporary Construction Plan; G

SD-03 Product Data

Hazardous Materials; G

SECTION 01 30 00 Page 3

1.4 DEFINITIONS

The following definitions apply to terms as used in the sections identified above in paragraph 1.1. These definitions shall not change or infer a meaning in any other document made part of this contract either directly or via reference.

Fugitive Dust. Solid particles generated by the forces of wind or machinery acting upon materials exposed as a result of the contractors operations

Installation. The entity considered to be the legal owner or authorized user of the location of the construction work.

Project. A "Project" is a single task or delivery order under an Indefinite Delivery, Indefinite Quantity award, including Job Order Contracts (JOC's) and Multiple Award Task Order Contracts (MATOCs). For all other contracts, it refers to a single contract award.

Superintendent. The highest level manager responsible for the overall construction activities on a project, including quality and production. The Superintendent maintains a physical presence at the site at all times work is being performed and is responsible for all construction and related activities at the site, except as otherwise acceptable to the Contracting Officer.

Site. The location where construction work physically occurs. On a single project, when construction work occurs at more than one location, and the locations are geographically separated by more than 5 kilometers (as measured via travel distance), they are considered separate sites.

1.5 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.

1.6 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

1.7 PUBLIC RELEASE OF INFORMATION

1.7.1 Prohibition

There shall be no public release of information, documents, or photographs concerning any aspect of the materials or services relating to this project without the prior written approval of the Contracting Officer.

SECTION 01 30 00 Page 4

1.7.2 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.

1.8 PERSONNEL AND SUBCONTRACTORS

1.8.1 Removal for Non-Compliance

All Quality Control, Safety, Superintendents, and contractor/subcontractor personnel are subject to dismissal and removal at any time based on the sole discretion of the Contracting Officer for non-compliance with the contract requirements.

Furthermore, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders is acceptable as the subject of claim for extension of time for excess costs or damages by the Contractor.

1.8.2 Substitution and Replacement

Any in-house personnel, subcontractors, and outside associates or consultants identified in the Contractor’s proposal shall not be replaced or changed without the Contracting Officer's prior written consent.

1.8.3 Qualifications

When qualifications 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, and be on contracts with the government of the United States of America, either with the US Army Corps of Engineers or Department of Defense agencies. 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.

1.8.4 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 site. 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 section.

1.9 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the

SECTION 01 30 00 Page 5 basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

1.10 REFERENCED STANDARDS

1.10.1 Version and Date of Standard

The contract documents make various references to Host Nation and US standards, including Unified Facilities Criteria (UFC) and design guides.

When a specific version (e.g. "UFC x-xxx-xx, with Change yy") or date is identified in the reference, that specific version of the reference will apply. Where no date or version is specified, the version applicable to the contract shall be the earlier of either:

1. The date of the initial Request for Proposal (RFP) or solicitation for the project. For a MATOC, JOC, or other delivery order type contract, the RFP date refers to the date indicated on the RFP letter for the task order.

2. The date identified on the title page of Section 01 10 10 Statement of Work.

Generic language, such as "the most recent version" or "the most current version" shall be interpreted as indicated above.

1.10.2 Host Nation Standards

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), whether such standards are incorporated into the contract in full text or by reference, the standard 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 any standard, 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 referenced standards within the same Order of Preference 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 unless otherwise specified within the contract documents. 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.

1.11 PRECONSTRUCTION CONFERENCE

After award of the contract but prior to commencement of any work at the site, meet with the Contracting Officer to discuss and develop a mutual

SECTION 01 30 00 Page 6 understanding relative to the administration of the contract, including quality and safety programs, preparation of the schedule of prices or earned value report, shop drawings, and other submittals, scheduling programming, prosecution of the work, and clear expectations of the "Interim DD Form 1354" Submittal. Major subcontractors who will engage in the work must also attend.

1.12 PARTNERING

To most effectively accomplish this contract, the Government requires the formation of a cohesive partnership within the Project Team whose members are from the Government, the Contractor and their Subcontractors. Key personnel from the Supported Command, the End User (who will occupy the facility), Subject Matter Experts, the Installation, the Contractor and Subcontractors, and the Designer of Record will be invited to participate in the Partnering process. The Partnership will draw on the strength of each organization in an effort to achieve a project that is without any safety mishaps, conforms to the Contract, and stays within budget and on schedule.

The Contracting Officer will provide information on the Partnering Process and a list of key and optional personnel who should attend the Partnering meeting. Partnering will be accomplished via the methodology indicated in the following table.

PARTNERING METHODOLOGY

Informal as described in paragraph INFORMAL PARTNERING

Formal as described in paragraph

FORMAL PARTNERING

1.12.1 Informal Partnering

The Contracting Officer will organize the Partnering Sessions with key personnel of the project team, including Contractor personnel and Government personnel.

The Initial Partnering session should be a part of the Pre-Construction Meeting. Partnering sessions will be held at a location determined by the Contracting Officer. The Partners will determine the frequency of the follow-on sessions, at no more than 3 to six month intervals.

1.12.2 Formal Partnering

Provide and host the Partnering sessions with key personnel of the Project Team, including Contractor personnel and Government personnel. The contractor shall pay all costs associated with the Partnering effort including the Facilitator, the meeting room, and other incidental items. In exception, each participant bears their own costs for meals, lodging, and transportation associated with the Partnering sessions.

Before a Partnering session, coordinate with the Facilitator all requirements for incidental items (such as audio-visual equipment, easels, flipchart paper, colored markers, note paper, pens/pencils, colored flash cards), and have these items available at the Partnering session. Provide

SECTION 01 30 00 Page 7 copies of documents for distribution to all attendees.

Provide a Facilitator experienced in conducting Partnering Workshops, and who is acceptable to both the Government and the Contractor. The Facilitator is responsible for leading the team in a timely manner and making sure that issues are identified and resolved.

a. Schedule the Initial Partnering Session for a duration of one day minimum. Locate this session at a place off the construction site, as agreed to by the Contracting Officer and the Contractor. It may take place concurrently with the Pre-Construction Meeting.

b. Schedule follow-on Partnering Session(s) for a maximum of 4 hours.

Schedule them at no more than 3 to six month intervals. Follow-on meetings may be held concurrently with other scheduled meetings.

Attendees need only be those required to resolve current issues.

The same Facilitator from the Initial Partnering session shall be used to achieve best results and for continuity, unless approved in writing by the Contracting Officer.

1.13 ELECTRONIC MAIL (E-MAIL) ADDRESS

Establish and maintain electronic mail (e-mail) capability along with the capability to open various electronic attachments as text files, pdf files, and other similar formats. Within 10 days after contract award, provide the Contracting Officer a single (only one) e-mail address for electronic communications from the Contracting Officer related to this contract including, but not limited to contract documents, invoice information, request for proposals, and other correspondence. The Contracting Officer may also use e-mail to notify the Contractor of base access conditions when emergency conditions warrant, such as terrorist threats. Multiple e-mail addresses are not allowed.

It is the Contractor's responsibility to make timely distribution of all Contracting Officer initiated e-mail with its own organization including field office(s). Promptly notify the Contracting Officer, in writing, of any changes to this e-mail address.

1.14 ELECTRONIC CORRESPONDENCE

All correspondence and contract documents not generated in RMS-CM shall be submitted in Adobe Portable File format (.pdf). The Contracting Officer will discuss electronic correspondence procedures at Preconstruction and Coordination Meetings. These procedures may include sending files by e-mail, submitting on electronic media such as compact disks, or other methods approved by the Contracting Officer. The Contractor shall be responsible for the cost of the electronic media.

Forms generated in RMS-CM such as QC Reports, Transmittals, and Requests for Information (RFIs) do not have to be re-submitted separately. Examples of correspondence and contract documents that must be submitted in .pdf format include, but are not limited to, Contractor serial letters, notifications to Contracting Officer, requests for equitable adjustment, change requests, claims, and submittals. Submit copies of correspondence to other businesses, entities, or agencies, permit required reports, and other contract documents in .pdf format. Include signatures if applicable for final versions of scanned contracts. E-mail correspondence does not have to be provided in .pdf format. The correspondence and contract documents shall

SECTION 01 30 00 Page 8 also be submitted in hard copy form, in the quantities and with the requirements listed in these documents, unless the Contractor obtains a waiver from the Contracting Officer.

1.15 HOURS OF WORK

1.15.1 Normal Work Hours

Unless specified elsewhere in the contract, normal work hours are 0800 through 1700, Monday through Friday, excluding US and Host Nation holidays. Work outside of these hours shall not be performed without prior written approval of the Contracting Officer.

1.15.2 Work Outside of Normal Hours

Work outside of normal hours may be granted for the sole benefit of the contractor. Submit requests to perform work outside of normal hours to the Contracting Officer or their authorized representative via serial letter at least 3 work days in advance.

Denial of requests to work outside of normal hours, nor shall any delays occurring during work outside of normal hours be subject to an adjustment in the contract duration or amount.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 PHOTOGRAPHIC DOCUMENTATION

a. Pre-construction photos. Prior to the start of any on-site activities, the contractor shall take a minimum of 50 digital photographs of the site. Photos shall be a minimum of 1800 x 1200 pixel size. Photos shall represent the undisturbed project site prior to any construction activity. Photos shall be accompanied by a site plan identifying locations and dates of the photos taken.

b. A minimum of 25 construction photos shall be furnished to the COR on a weekly basis. The number of photos must be sufficient to accurately and adequately document the ongoing work and site conditions. Photos shall be a minimum of 1800 x 1200 pixel size and shall be submitted in .jpg format. Photos shall be accompanied with a floor and/or site plan identifying locations of the photos taken. Photos shall be submitted through RMS-CM as an attachments to the QC Report for the last work day of the week.

c. For Job Order Contract (JOC) Task Orders, paragraph b. is not applicable. The contractor shall provide photographic documentation on a weekly basis only when specifically identified in the Scope of Work/Statement of Work/Summary of Work (SOW) for the project (task order). If photographic documentation is identified, photos shall be a minimum of 1800 x 1200 pixel size and shall be submitted in .jpg format. The number of photos shall be sufficient to document the site conditions and all photos shall include information with the photo sufficient to determine the location of the photo within the project site. Photos shall be submitted through RMS-CM as attachments to the applicable QC Report.

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3.2 MOBILIZATION PLAN

The Contractor shall submit a mobilization plan within two weeks of contract award. This mobilization plan must include, where applicable:

a. Fencing, gates and doors

b. Storage and working areas

c. Material and tool storage structures and locations

d. Sanitary and personnel containers

e. Connected loads in kW

f. Site lighting plan

g. Parking spaces for employees

h. Any other specific installations and systems

3.3 PROJECT SIGN

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 above signs from the premises. The Government will provide templates of the required signs upon request.

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

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

3.4 TRAFFIC CONTROL

3.4.1 Haul Routes

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 for their use.

Location and construction 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. The contractor shall be responsible for any maintenance, repairs, or restoration required by the installation and host nation authorities.

3.4.2 Road Closures

Roads may not be closed without prior written approval from the appropriate authorities.