1305M423RNAAJ0007_Manchester Seawater System Construction DRAFT Solicitation.pdf

DRAFT

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

Project Title: Manchester Seawater System Construction Project in Port Orchard, WA

The work involves the construction of a new seawater filtration and distribution system providing 2400 gallons per minute (GPM) for critical research on Endangered Species Act listed species. The new system will need to be constructed while the existing system is operating at 100% capacity. This effort will include construction services and overall execution of the seawater system construction.

The full scope of the required services is outlined in the Drawings, Specifications, and applicable attachments in Section J.

This requirement is solicited as a Total Small Business Set-Aside The NAICS Code is 237110 The Small Business Size Standard is $45.0 Million The Project’s Magnitude is $5.0 - $10.0 Million

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

1305M423RNAAJ0007

CORPORATE SRVCS ACQUISITION DV

1325 EAST WEST HWY

SSMC2, RM. 11323

SILVER SPRING MD 20910

CORPORATE SRVCS ACQUISITION DV

1325 EAST WEST HWY

SSMC2, RM. 11323

SILVER SPRING MD 20910

NA-AJ5731-23-00058

CSAD

DIANA PICKEL (C) 202-810-2074 DIANA.PICKEL@NOAA.GOV

1 104

a. Sealed offers in original and 1 local time MARCH 28, 2023

12:00 PM ET

CSAD

8/2014

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK1305M423RNAAJ0007 8/2014

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Construction of Manchester Seawater System Replacement

0001 The contractor shall complete all work outlined in the Statement of Work and applicable attachments for construction of the Manchester Seawater System Replacement. Additionally, the contractor shall furnish and include a price for all professional services, supervision, labor, material, transportation, equipment and services, unless otherwise specified herein, required under this contract for the following firm fixed price and within the time specified herein. This price shall also include overhead insurance and fees, and profit and all cost for project General Requirements.

PR NUMBER: NA-AJ5731-23-00058

DELIVERY DATE: 12/15/2024

SHIP TO:

MANCHESTER RESEARCH STATION

7305 E BEACH DRIVE

PORT ORCHARD WA 98366

FOB : Destination

1.00 JB

PAGE 3 OF 3 1305M423RNAAJ0007

TABLE OF CONTENTS

1305M423RNAAJ0007

Manchester Seawater System Construction

PART I - THE SCHEDULE

SECTION A – FORM

A.1 STANDARD FORM 1442

SECTION B – PRICING

B.1 PRICING

B.2 CONTRACT PRICE - CONTRACT LINE ITEM NUMBERS (CLIN)

B.3 TYPE OF CONTRACT

B.4 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

B.5 RFP QUESTIONS AND RESPONSES

B.6 DELIVERABLE – RELEASABLE COPIES – FREEDOM OF INFORMATION ACT

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION D - PACKING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE OF LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 SUBSTANTIAL COMPLETION

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.4 FINAL COMPLETION AND ACCEPTANCE

E.5 INSPECTION AND ACCEPTANCE

E.6 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

SECTION F - DELIVERIES AND PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

ALTERNATE I (APR 1984)

F.3 FAR 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000)

F.4 PLACE OF PERFORMANCE

F.5 SCHEDULES

F.6 EXCUSABLE DELAYS

F.7 NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

F.8 PROJECT EXECUTION SCHEDULE

F.9 DOCUMENTATION OF REQUESTS FOR EXTENSIONS

F.10 SUSPENSION OF WORK - NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

F.11 NOTICES TO PROCEED (NTP)

F.12 CAR 1352.270.70 PERIOD OF PERFORMANCE (APR 2010)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)

G.3 PRE-CONSTRUCTION CONFERENCE

G.4 PROJECT MEETINGS

G.5 OPERATIONS, STORAGE AREAS AND SECURITY

G.6 PROJECT SAFETY

G.7 DISPOSAL OF REFUSE

G.8 DETAILED ESTIMATE FOR PROGRESS PAYMENTS

G.9 MONTHLY PROGRESS PAYMENT REQUESTS (Application for Payment)

G.10 METHOD OF PAYMENT

G.11 CERTIFICATION OF PAYMENT TO SUBCONTRACTORS

1305M423RNAAJ0007

G.12 INVOICE PREPARATION AND SUBMISSION

G.13 NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

G.14 TEST RESULTS

G.15 FINAL COMPLETION/CONTRACT CLOSEOUT

G.16 ORDER OF PRECEDENCE

G.17 REFERENCED STANDARDS

G.18 FURNISHING INFORMATION AND RECORDS

G.19 CAR 1352.237-74 PROGRESS REPORTS

G.20 CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY

G.21 NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2022)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.252 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

H.2 COMMENCEMENT OF WORK

H.3 SUBCONTRACTING RESPONSIBILITIES

H.4 GENERAL DECISION NUMBER

H.5 ENVIRONMENTAL COMPLIANCE

H.6 NOTICE OF CONSTRUCTIVE CHANGES

H.7 CONTRACT NUMBER IDENTIFICATION

H.8 SUBMISSION OF CORRESPONDENCE

H.9 WORKERS’ COMPENSATION LAWS

H.10 INSURANCE

H.11 BOND REQUIREMENTS

H.12 SAFEGUARDING OF INFORMATION

H.13 PUBLIC RELEASE OF INFORMATION

H.14 DOCUMENTS - OWNERSHIP AND USE

H.15 DISPOSITION OF MATERIAL

H.16 RIGHTS AND OBLIGATIONS

H.17 INITIATION OF LIQUIDATED DAMAGES

H.18 PERMITS

H.19 WORK OUTSIDE OF NORMAL OPERATING HOURS

H.20 LAWS AND REGULATIONS

H.21 LANGUAGE PROFICIENCY

H.22 ASSIGNMENT

H.23 REVIEW OF DOCUMENTS AND LOCAL CONDITIONS

H.24 OTHER SERVICES NOT TO RELIEVE CONTRACTOR

H.25 OTHER CONTRACTORS

H.26 ERRONEOUS REPRESENTATIONS

H.27 AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER

H.28 NOTIFICATION OF DIFFERING SITE CONDITIONS

H.29 EQUITABLE ADJUSTMENTS

H.30 PRESERVATION OF REFERENCE POINTS AND BENCHMARKS

H.31 ORGANIZATION OF DRAWINGS AND SPECIFICATIONS

H.32 SPECIAL UTILITY PROVISION

H.33 RESPONSIBILITY OF CONTRACTOR

H.34 ORGANIZATION AND DIRECTION OF THE WORK

H.35 CONSTRUCTION OPERATIONS

H.36 SUBCONTRACTORS AND SUPPLIERS

H.37 AVAILABILITY OF UTILITY SERVICES

H.38 TEMPORARY FACILITIES AND SERVICES

H.39 INSTALLATION RULES AND REGULATIONS/CONTRACTOR PERSONNEL

H.40 MATERIALS AND EQUIPMENT

H.41 IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL

H.42 HAZARDOUS OCCUPATION ORDERS

H.43 HAZARDOUS MATERIAL IDENTIFICATION

H.44 RESTRICTION ON USE OF NOAA FUNDS FOR LOBBYING

H.45 SPECIAL WARRANTIES

H.46 DEFINITIONS

H.47 CONFERENCES

H.48 MODIFICATIONS AND CHANGE ORDERS

H.49 ENGLISH LANGUAGE DOCUMENTATION REQUIREMENT

H.50 TRAFFICKING PERSONS COMPLIANCE PLAN CERTIFICATION

H.51 REPORTING ACCIDENTS

H.52 ORGANIZATIONAL CONFLICT OF INTEREST

H.53 CONFLICTS OF INTEREST

H.54 KEY PERSONNEL

H.55 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

H.56 NAM 1330-52.203-71 NOTICE OF POST GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015) H.57 NAM 1330-52.222.70 NOAA SEXUAL ASSAULT AND SEXUAL HARRASSMENT PREVENTION AND

RESPONSE POLICY (MAY 2018)

H.58 NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS

H.59 NAM 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL

SERVICES CONTRACT (SEP 2017)

H.60 NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEP 2017)

H.61 NAM 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION MATERIALS (MAY

2014)

I.3 FAR 52.225-11 BUY AMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(OCT 2022)

I.4 FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

I.5 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS (MAY 2008)

I.6 FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (May 2014)

I.7 FAR 52.236-4 PHYSICAL DATA (APR 1984)

I.8 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 WAGE DETERMINATION LINKS

J.2 PAST PERFORMANCE QUESTIONNAIRE

J.3 RFP QUESTIONS SUBMITTED VIA GOOGLE FORM

J.4 STANDARD FORM 1413 – STATEMENT OF ACKNOWLEDGMENT

J.5 PROPOSAL TEMPLATE

J.6 DRAWINGS LINK (Schematic)

J.7 PRE-PROPOSAL CONFERENCE ATTENDEES LIST

J.8 STANDARD FORM 24 - BID BOND

J.9 GOVERNMENT EQUIPMENT LIST

PART IV -- REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

K.2 FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

K.4 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

K.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.6 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2022)

K.7 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

L.5 FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.6 FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995)

L.7 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.8 FAR 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

L.9 CAR 1352.215-70 PROPOSAL PREPARATION INSTRUCTIONS

L.10 CAR 1352.270-71 PRE-BID/PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

L.11 CONFLICTS OF INTEREST

L.12 NOTICE OF PARTICIPATION OF NON-GOVERNMENT PERSONNEL

L.13 CONTENT OF RESULTING CONTRACT

L.14 ALTERNATE PROPOSALS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

M.2 CAR 1352.215-74 BEST VALUE EVALUATION

M.3 CAR 1352.215-75 EVALUATION CRITERIA

M.4 EVALUATION OF PRICE

M.5 BASIS OF AWARD

M.6 JOINT VENTURE/SIGNED STATEMENT OF JV INTENT AND DESCRIPTION OF PARTNERSHIP

M.7 AWARD WITHOUT DISCUSSIONS

Part I - The Schedule

SECTION B

PRICING

B.1 PRICING

B.1.1 As a firm-fixed price contract, the contract price includes all labor, materials, equipment and services necessary to accomplish the construction required by the Contract Documents, including applicable customs duties, transportation to the site, storage, premiums for insurance and bonds required by the Solicitation Documents and/or the Contract Documents, permits, license and inspection fees, taxes, and all other items called for by the contract or otherwise necessary for performance of the contract. The Contract Price may be adjusted only by a written Contract modification signed by the Contracting Officer (CO).

B.1.2 The contractor shall complete all work, including furnishing all labor, material, equipment and services as called for and required by the terms and conditions of this contract document and all attachments hereto. The maximum time allowable for performance has been identified in Section/Paragraph F.1, clause 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (Reference FAR 11.404(b)). The price is firm fixed-price and shall include all labor, materials, equipment, services, overhead and cost for insurance.

B.2 CONTRACT PRICE - CONTRACT LINE ITEM NUMBERS (CLIN)

PROJECT TITLE: MANCHESTER SEAWATER REPLACEMENT CONSTRUCTION

CONTRACTOR COMPLETES CONTRACT LINE ITEM NUMBERS (CLIN):

CLIN 0001

CLIN 0001 Construction of Manchester Seawater System Replacement

The contractor shall complete all work outlined in the Statement of Work and applicable attachments for construction of the Manchester Seawater System Replacement. Additionally, the contractor shall furnish and include a price for all professional services, supervision, labor, material, transportation, equipment and services, unless otherwise specified herein, required under this contract for the following firm fixed price and within the time specified herein. This price shall also include overhead insurance and fees, and profit and all cost for project General Requirements.

Construction Services 1 JOB $____________________

B.3 TYPE OF CONTRACT

The resulting contract will include Contract Line Item Number (CLIN) that is Firm Fixed-Price.

B.4 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

References:

I1 52.245-1 Government Property

B.5.1 In accordance with referenced clauses, the following Government Furnished Equipment and materials will be provided for incorporation into the work by the contractor. The equipment, systems components and parts will be furnished in sufficient quantities and in sufficient time to allow the contractor to complete the construction work as scheduled in accordance with the approved design.

Contractor shall reference Section J.9 for a detailed list.

SECTION B

PRICING

B.5 RFP QUESTIONS AND RESPONSES

Request for Proposal questions are submitted via Google Form and will be responded to via issuance of an amendment if applicable. The Question and Answers (Q&A) does not change the RFP unless an amendment is issued. The Q&A is intended to clarify requirements and to reflect the parties understanding of the specific RFP performance requirements at time of award. The initial RFP as amended shall form the contract between the contracting parties. The Q&A will be reviewed and utilized during the course of contract execution and performance to ensure the descriptive and instructive clarifications provided and used to assure understanding of the performance requirements and relied on during the RFP and proposal development phase are implemented.

B.6 DELIVERABLE – RELEASABLE COPIES – FREEDOM OF INFORMATION ACT

The Freedom of Information Act (FOIA) permits withholding information under several exemptions, including Exemption 4 which protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential," 5 U.S.C. 552(b) (4). Within five business days of contract award, the contractor shall provide a statement that the contract is available for full disclosure under the FOIA or provide a scanned PDF of the redacted copy of the contract identifying the specific portions the contractor believes are covered by the particular exemption requested. Any redactions must be fully supported under the FOIA. In the event the Government notifies the contractor that it does not agree with a proposed redaction, the contractor shall have five business days to submit additional information to support the requested redaction. For subcontracts, within 5 business days of the contractor's award of any subcontract over $500,000 the contractor shall provide the Government a scanned PDF copy of the subcontract with a statement that the copy is either available for full disclosure, or identifying the specific portions believed to be covered by the particular exemption requested. Redactions should be limited to those protections provided under the FOIA. Following the procedures above, the Government has the right to notify the contractor of any disagreement with proposed redaction or exemption requests.

https://forms.gle/qWPPmMnmUE5ZFAybA

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

Clauses numbered 1352.XXX…Are Commerce Acquisition Regulation Clauses Clauses numbered 1330.XXX… Are NOAA Acquisition Manual Clauses.

C.1 STATEMENT OF WORK

See Section J.6 for Drawings, Specifications & Applicable Attachments

SECTION D

PACKAGING AND MARKING

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

[For this Solicitation, there are NO clauses in this Section]

SECTION E

INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR 52.246-12 Inspection of Construction AUG 1996

E.2 SUBSTANTIAL COMPLETION

Definitions.

E.2.1. “Substantial Completion” means the stage in the progress of the work as determined and certified by the Contracting Officer or Contracting Officer’s Representative (COR) in writing to the Contractor, on which the work or a portion thereof designated by the Government is sufficiently complete and satisfactory, in accordance with the requirements of the contract documents, that it may be occupied or utilized for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which (1) do not interfere with the intended occupancy or utilization of the work and (2) can be completed or corrected within the time period required for final completion.

E.2.2 “Date of Substantial Completion” means the date determined by the Contracting Officer or Contracting Officer’s Representative of which substantial completion of the work has been achieved. This date shall be contingent on the Contractor completing certain general construction work.

Substantial Completion is further dependent upon the Contractor providing all essential training on operations and maintenance, as required, to the designated Facility personnel. Unless indicated otherwise, the Date of Substantial Completion, as acknowledged by the Government, is also the commencement date of all warranties and guarantees required by the contract documents.

When the Contractor feels that the work is substantially complete, it shall notify the Contracting Officer and the Contracting Officer’s Representative requesting a substantial completion walk thru inspection.

Attached to the request must be a list of items to be corrected/completed (punch list). An inspection of the work shall be conducted by National Oceanic and Atmospheric Administration (NOAA) or its designated representative to review the punch list and verify its accuracy; should the Contractor’s punch list prove to be inaccurate or incomplete, Contractor shall provide a revised punch list. At the time of the inspection, the Contractor shall be required to submit to NOAA or its designated representative all inspection reports, test results, operation and maintenance manuals, keys and keying schedules for the substantially complete work. This information will then be turned over to the Facility.

Upon the successful completion of the inspection, the Contracting Officer shall provide Certification of Substantial Completion.

Not until the date and Certificate of Substantial Completion have been fully acknowledged, by the National Oceanic and Atmospheric Administration’sContracting Officer and Contracting Officer’s Representative, will the Contractor be relieved of the responsibility for the security and maintenance of the work, except for punch list items. Following acknowledgment by theNational Oceanic and Atmospheric Administration, the Contractor shall provide any required

SECTION E

INSPECTION AND ACCEPTANCE

additional training to designated Facility Personnel, and shall also complete the punch list items in accordance with the Schedule identified in the Certificate of Substantial Completion. Failure to complete the punch list items within the schedule may be a breach of contract and will be subject to the sanction of the contract.

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.3.1 Right to use The Government may take over and operate, with Government employees, such equipment as necessary for heating or cooling such areas of the building that require the service, and other equipment such as elevators, electrical, plumbing, and mechanical systems, as soon as the installation is sufficiently complete to permit operation.

E.3.2 Notice The Government will advise the Contractor in writing (FAR 52.236-11 entitled Use and Possession Prior to Completion), prior to the use of the equipment, which items of equipment will be taken over and operated, in addition warranty to the date and time such operation shall begin.

E.3.3 Effect on warranties. Government operation of equipment will not relieve the Contractor of warranty or correction obligations elsewhere provided for in this contract. The applicable warranty period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 Definitions.

E.4.1.1 “Final Completion and Acceptance” means the stage in the progress of the work as determined and certified by the CO or COR, in writing to the Contractor, on which work required under the contract has been completed in an acceptable manner in accordance with the contract requirements, subject to the discovery of latent defects after final completion and except for items specifically excluded in the notice of final acceptance. The contractor shall reference Section G.13 entitled Final Completion/Closeout for documentation required prior to final acceptance.

E.4.1.2 “Date of Final Completion and Acceptance” means the date determined by the Contracting Officer as of which final completion of the work has been achieved, as indicated by written notice to the Contractor. Documentation indicating Final Acceptance has been achieved will be issued upon satisfactory review of the Final Completion/Closeout package required in Section G.13.

E.5 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

Manchester Research Station

7305 E Beach Drive Port Orchard WA 98366

National Oceanic and Atmospheric Administration Facilities Engineering Office 7600 Sand Point Way Seattle WA 98115

The Government shall perform inspections and tests, as may be applicable, in a manner that does not unduly delay the work.

SECTION E

INSPECTION AND ACCEPTANCE

E.6 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be: Manchester Research Station, Port Orchard, Washington 98366.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FAR 52.211-13 Time Extensions SEPT 2000

FAR 52.242-14 Suspension of Work APR 1984

FAR 52.247-34 F.o.b. Destination NOV 1991

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 days after receipt of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed within 30 Calendar Days after execution of contract award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.3 FAR 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (See Below) for each calendar day of delay until the work is completed or accepted.

Project Name Amount (per day)

$1,846.19

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.3.1 Operational Liquidated Damages (Loss of Seawater to future and ongoing Experiments) If any buildings on site whereby experiments are actively being conducted, experience a loss of seawater for a period beyond four (4) to six (6) hours (as determined by the specific experiment and defined in the drawings) during the contractor’s scheduled or unscheduled activities required under this contract; the Contractor shall be liable for a one time fee of $46,173.92 per occurrence/per building. The impact resulting from this loss would be catastrophic and permanently terminate ongoing

SECTION F

DELIVERIES OR PERFORMANCE

experiments to the impacted facility and ultimately require a restart of all experiments and total loss of all investments to date.

F.4 PLACE OF PERFORMANCE

Manchester Research Station 7305 E Beach Drive Port Orchard WA 98366

F.5 SCHEDULES

F.5.1 CONTRACTOR’S SUBMISSION OF PROJECT EXECUTION SCHEDULES

F.5.1.2 These schedules shall include but is not limited to construction, product data, major material, equipment fabrication, delivery, samples and other submittals required by the contract to be submitted for acceptance.

F.5.1.3 Deliverables shall be in the English language, unless otherwise provided hereunder, and any system of dimensions (i.e., English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed on account of a delay by the GOVERNMENT in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. Each deliverable shall be identified as required by the contract.

F.5.1.4 The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the COR to achieve coordination with work by the GOVERNMENT and separate contractors employed by the GOVERNMENT. The Contractor shall submit schedules on the last day of the preceding month for the next month’s work. The schedule shall sequence work so as to minimize disruption at the jobsite.

F.6 EXCUSABLE DELAYS

F.6.1 The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default (Fixed-Price Construction). Examples of such cases include (l) acts of God or of the public enemy; (2) acts of the United States Government in either its sovereign or contractual capacity; (3) acts of the Government of the host country in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the Government; (5)fires; (6) floods; (7) epidemics; (8) quarantine restrictions; (9) strikes; (l0) freight embargoes; and (11) unusually severe weather.

F.6.2 In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

F.7. NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

DESCRIPTION DUE DATE DELIVER TO HARD COPY/

ELECTRONIC

NUMBER

OF COPIES

Bonds, Payment and Performance, Section H.11

10 Calendar days after contract award

CO & CS E 1

Insurance, Section H.10 10 Calendar days after CO & CS E 1

SECTION F

DELIVERIES OR PERFORMANCE

contract award

Pre-Construction Conference Briefing Materials, Section G.3

To Be Determined CO, CS, COR E 1

Payment Request, Section G.9 Last day of the month COR E 1

Monitoring Plan for Historic and Significant Properties (if applicable)

Prior to excavation COR E 1

Organization and Direction of the Work, Section H.34

Prior to commencing mobilization

CO, CS &

COR

E 1

Special Warranty, Section H.45 With request for inspection for Substantial Completion

COR E 1

Meeting Minutes, Section G.4 2 working days after each meeting

COR & NOAA

TEAM

E 1

Project Schedules

Schedule of Values, Section G.8 Submittal required 15 days before the first progress payment under this contract becomes due.

COR E 1

Baseline Project Execution Schedule (BPES), Sections F.8 & F11

30 days after NTP COR & NOAA

TEAM

E 1

Project Execution Updates of BPES, and Monthly Progress Report per FAR 52.236-15 and Section F.8

Monthly updates starting with the acceptance of the BPES, and with Monthly Payment Requests

COR E 1

Daily Report NLT 0900 the day following the daily activity, to start on the first day of mobilization to the site.

COR & NOAA

TEAM

E 1

Contractor’s Quality Control Plan 30 calendar days from Contract Award

COR E `1

Contractor’s Quality Control Reports

Daily COR E 1

Facilities and Controls

SECTION F

DELIVERIES OR PERFORMANCE

Site Utilization Plan 15 calendar days after NTP for Site Mobilization and/or Construction

COR E 1

Temporary Lighting and Electrical Plan (if applicable)

15 calendar days after NTP for Site Mobilization and/or Construction

COR E 1

Closeout Procedures

Request for Certification of Substantial Completion

15 calendar days prior to scheduled Substantial Completion

COR E 1

Request for Final Inspection and Testing, see also Contract Section E.4

15 calendar days prior to scheduled Final Acceptance

COR E 1

Final Record Documents marked As-Built

With Request for Inspection and Substantial Completion

COR E 1

Project Completion Photography Final Acceptance COR E 1

Asbestos and Lead Paint Certification

Final Acceptance COR E 1

Warranty Management Plan, per

FAR 52.246-21

15 calendar days prior to scheduled Final Acceptance

Demonstration and Training

Training Plan Prior to Final Completion COR E 1

Training Records Prior to Final Completion COR E 1

Training and Demonstration Videos Prior to Final Completion COR E 1

Commissioning

(CCR) Contractor’s Commissioning Representative Identified

30 calendar days after contract award

COR E 1

Commissioning Execution Plan 30 calendar days after contract award

As identified in the aforementioned table, the members making up “NOAA TEAM” will be defined during the Pre- Construction Conference.

SECTION F

DELIVERIES OR PERFORMANCE

F.8 PROJECT EXECUTION SCHEDULE

F.8.1 Project Execution Schedules shall be submitted to the COR for acceptance in Critical Path Method (CPM) using either P6 or Microsoft Project. The schedule shall show the order in which the Contractor proposes to perform the work, and the dates on and time periods within which the Contractor contemplates starting and completing the various portions of the work, in the form and containing such detail as is required by the contract documents. The schedule narrative shall at a minimum clarify the Contractor’s approach and sequencing of work (overall project plan), include milestone dates, the methodology for incorporation of delays including but not limited to potential conflicts with outside agencies, projects, or contractors, permits and utility coordination, procurement or fabrication problems/concerns, labor resource problems/concerns, and shall identify any unusual logic relationships and use of relationship lags, and scheduling assumptions. The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the contract time, and (3) as required by the COR to achieve coordination with work by the Government and separate contractors. If the Contractor fails to submit schedule or schedule revision within the time prescribed, the CO may withhold approval of progress payments until the Contractor submits the required schedule or schedule revision.

F.8.2 Acceptance of schedule When the Government has accepted any time schedule, it shall be binding upon the Contractor. The contract time is fixed by the contract, and may be extended only by a written contract modification, change order or supplemental agreement signed by the Contracting Officer. Acceptance of a schedule or revision thereof by the Government shall not (1) be effective to extend the contract time or obligate the Government to do so, (2) constitute acceptance of delay, nor (3) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion within the contract time.

F.8.3 Recording progress The Contractor shall record the actual progress of the work against the approved baseline schedule in the form and at intervals as may be required by the COR.

F.8.4 Notice of delay In the event the Contractor receives a notice of change in the work, or if other conditions arise, which are likely to cause or are actually causing delays, which the Contractor believes may result in completion of the project after the contract time, the Contractor shall notify the CO, CS and COR of the effect, if any, of such change or other conditions upon the accepted schedule, and shall state in what respects, if any, the relevant schedule or the contract time should be revised. Such notice shall be given promptly, and not more than 10 calendar days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the accepted progress schedule shall only be made with the approval of the COR.

F.8.5 Maintenance of progress If the Contractor falls behind an accepted schedule, the Contractor shall take steps necessary to improve its progress or overcome delays and ensure completion of the work within the contract time, without additional cost to the Government. In this circumstance, the Contractor shall demonstrate how the approved rate of progress will be regained and shall submit for acceptance a supplementary recovery schedule or schedules. Methods may include: increase of any or all of the number of shifts, overtime operations, days of work, and the amount of construction planned.

F.8.6 Schedule revision and equitable adjustments Upon the request of the Contractor, the Contracting Officer shall ascertain the facts and the extent of any failure to adhere to the performance schedule resulting from alleged excusable delay. If the Contracting Officer determines that any failure to perform results from one or more of the causes for an excusable delay, the relevant schedules shall be revised, subject to the rights of the Government under the termination clause of this contract. If and to the extent considered appropriate in the judgment of the Contracting Officer, an equitable adjustment shall be made in the contract time.

F.9 DOCUMENTATION OF REQUESTS FOR EXTENSION

F.9.1 Any request for a time extension must be supported by the following data, and any other relevant data requested by the CO:

SECTION F

DELIVERIES OR PERFORMANCE

F.9.2 For any delays for which an extension of time is requested, (a) the exact date and degree of work stoppage, (b) the date of resumption of any or parts of such work, and (c) a description of the nature of the delay and the degree, if any, to which the Contractor could have reasonably anticipated and guarded against such delay or damage incidental thereto.

F.9.3 For delays in receipt of Contractor furnished materials, (a) the date the materials were ordered, (b) the dates of anticipated delivery at the port of entry and at the project site, (c) the date the materials were scheduled for use or installation by the Contractor, (d) the date the materials were shipped, and (e) the dates the materials were actually received at the port of entry, cleared customs (if applicable), and were delivered to the project site.

F.9.4 For delays in receipt of Government furnished materials, the date the materials were scheduled for use or installation by the Contractor and the date(s) the materials were actually received at the port of entry, cleared customs (if applicable), and were delivered to the project site.

F.9.5 For delays in receipt of Government approvals of submittals properly prepared, reviewed, and approved by the Contractor before their submission as required by the contract documents, (a) the date of submission, (b) the date approvals were received by the Contractor, and (c) the date that installation or fabrication indicated by the submittals were begun, compared with the dates indicated by the current approved construction schedule and schedule of submittals.

F.9.6 For weather delays, (a) average weather conditions during a comparable period over the preceding ten years, (b) a daily log recording the actual weather conditions during the relevant time period, and (c) the dates work affected by the weather conditions were scheduled to be performed and the actual dates of performance.

F.10 SUSPENSION OF WORK- NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

In the event the Contractor is in non-compliance with requirement of this contract and fails to promptly initiate such action as may be appropriate to comply with the specified requirement, the Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply with the contract requirement. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause.

F.11 NOTICES TO PROCEED (NTP)

F.11.1 At the time of contract award, the Contractor must commence work to furnish the necessary document submittals within specified time. This work includes continued development of the Project Execution Schedule (PES) that was submitted by the Contractor with the cost proposal. The Government will review the PES and provide comments to the Contractor. Failure of the Government to find mistakes and omission in the proposal schedule does not relieve the Contractor of contract requirements.

F.11.2 NTP Construction- The contractor shall reference Section F.8.1 for Baseline Project Execution Schedule (BPES) submission requirements, as it pertains to NTP issuance. Following receipt from the Contractor of bonds or evidence of insurance within the time specified in Section/Paragraph H.11 Bond Requirements, of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide the Contractor their Notice to Proceed.

F.11.3 The Contractor must then prosecute the work required hereunder, commencing and completing performance no later than the time period established in the contract.

F.12 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

F.12.a The base period of performance of this contract is 365 days (12 months).

SECTION G

CONTRACT ADMINISTRATION DATA

Clauses numbered 1352.XXX…Are Commerce Acquisition Regulation Clauses.

G.1 CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (Reference 2901.603.71)

(a) To Be Decided (TBD) is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by issuing a new COR designation letter to the contract. The COR is located at:

To Be Decided (TBD)

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3 PRE-CONSTRUCTION CONFERENCE

A pre-construction conference will be held at a place, time and by what method to be determined by the Contracting Officer. Notice to Proceed (NTP) will be issued at the Pre-construction conference. The Contractor is required to attend.

Major subcontractors may attend, but may not participate therein other than through the Contractor. The purpose of this conference is to review the contract procedures and to discuss questions in regards to the contract documents. The Contracting Officer or his/her representative will provide clarifications.

G.4 PROJECT MEETINGS

All progress meetings will be held at a place and time established, at the discretion of the Contracting Officer, for the purpose of coordination with the contractor and status updates of the project. Progress meetings will be scheduled and organized by the contractor on a weekly basis for the duration of construction through substantial completion. These meetings shall be made available to remote attendees either by phone or internet video conferencing, via a platform accessible by the Government. Meeting minutes resulting from the weekly progress meetings will be issued identifying at a minimum (a) topics discussed, (b) critical submittals and status, (c) actions required, responsible parties, and time frames to resolve, (d) progress achieved since last meeting, (e) Quality Control deficiencies and issues, and (f) minimum

SECTION G

CONTRACT ADMINISTRATION DATA

of ten (10) quality photographs of construction progress. Two additional progress meetings will be held during the project completion and closeout phase of the project.

G.5 OPERATIONS, STORAGE AREAS AND SECURITY

All operations of the Contractor (including storage of materials) upon Government premises shall be confined to areas authorized or approved by the Contracting Officer. The Contractor shall erect whatever barriers or enclosures are necessary to define the site and protect the materials, equipment and work. The Contractor shall hold and save the Government, its officers and agents free and harmless from liability of any nature occasioned by its operations.

The Contractor shall comply with regulations governing the operations on the premises, which are occupied and shall perform the contract in a manner that will not interfere with the conduct of normal business.

All persons employed under this contract shall, while on the premises, observe the regulations in effect at the site, and are cautioned that entrance to any existing building outside the scope of the contract is forbidden, except by official permission.

The Contractor will be doing work on federally-owned or federally-controlled property. All persons employed under this contract, and sub-contracts issued herein under, are to observe security regulations in effect at the site. The Contractor and all persons employed under the contract are required to comply with established security, sign-in, and random search procedures.

All work that will affect or alter the normal operations of the Facility is to be coordinated with the COR at least one week in advance. If the work requires partial or total interruption of utilities, two weeks written notice must be given.

The Contractor shall furnish and install barricades or enclosures necessary to keep all dust and debris away from the facilities that are to remain in use.

The Contractor shall carefully remove and relocate all salvageable material to such areas as designated by the Contracting Officer.

Under no condition will the Contractor or any persons employed under the contract be permitted to consume or transport any alcoholic beverages, drugs, or firearms on the site.

Any person found violating these or any, other conditions set forth in the contract document will be barred from the project.

In addition to the above, the Contractor shall be responsible to provide at least, but not limited to, the following:

Provide an appropriate security system and facilities to protect WORK from unauthorized entry, vandalism, and theft.

Employ such services or measures as needed to properly protect and safeguard WORK. Provide protection for materials, tools, and equipment employed on Project, including workmen’s tools.

The Government will not be held liable or responsible for damage or loss to Work due to trespass or theft.

G.6 PROJECT SAFETY

The Contractor shall be responsible for initiating, maintaining, and supervising a safety program in connection with the construction project. All reasonable precautions are to be taken to provide protection and to prevent damage, injury, or loss to:

A. Employees and others who may be affected by the construction project.

B. All project materials and equipment on the site.

C. Other property on the site or adjacent thereto.

SECTION G

CONTRACT ADMINISTRATION DATA

The Contractor shall erect and maintain approved barricades and all reasonable safeguards for safety and protection, including the posting of danger signs and other warnings against hazards.

During any approved new construction, the Contractor is to erect fences or other barriers…