Draft B2 05.1 Fixed Price Construction

GENERAL TERMS AND CONDITIONS

For Fixed Price Construction Subcontracts
23.

24.

25.

PREPARATIONS, STORAGE, AND ANCILLARY

26.

27.

ASSUMPTION OF RISK UNTIL FINAL

28.

7.

29.

8.

30.

9.

SUBCONTRACTOR AND SUB-SUBCONTRACTOR

31.

JUSTIFICATION FOR PRICING CHANGES OR

10.

32.

11.

33.

12.

TERMINATION FOR THE CONVENIENCE OF THE

13.

COOPERATION WITH OTHER SUBCONTRACTORS

34.

TERMINATION FOR DEFAULT DAMAGES FOR

14.

35.

PAYMENTS TO SUBCONTRACTOR AND

15.

ENVIRONMENTAL, SAFETY, AND HEALTH

36.

CONFIDENTIALITY AND RELEASE OF

16.

ENVIRONMENTAL PROTECTION REQUIREMENTS

37.

17.

INJURY AND ILLNESS PREVENTION PROGRAM

38.

39.

18.

40.

19.

41.

20.

ENVIRONMENTAL, SAFETY, AND HEALTH

COMPLIANCE, OVERSIGHT, AND ENFORCEMENT

SITE SECURITY AND SENSITIVE FOREIGN

42.

21.

RETURN OF BUYER BADGES, KEYS, AND

43.

FEDERAL CONTRACT CLAUSES INCORPORATED

22.

44.

FLOW-DOWN OF SUBCONTRACT PROVISIONS ... 22

1.

DEFINITIONS

INDEX

2.

3.

4.

SITE INVESTIGATION, REPRESENTATIONS, AND

5.

6.

D

R

AF
T

1.

The primary defined terms used in this Subcontract are as follows, with other defined terms included throughout the Subcontract: a.

“Beneficial Use” shall mean the point at which all phases of work, scopes of work, and parts or portions of the Project for which the Buyer and/or SLAC intends to use may be used for those intended purposes. “Substantial Completion” shall have the same meaning as “Beneficial Use” hereunder.

b.

“Buyer” means the Board of Trustees of the Leland Stanford Jr. University (“University”), or any duly authorized representative thereof, acting through SLAC National Accelerator Laboratory (“SLAC”), under its Management and Operating Contract with the United States Department of Energy (“DOE”).

GENERAL TERMS AND CONDITIONS FOR FIXED PRICE CONSTRUCTION

March 2024

“Change Order” shall mean a mutually executed instrument, signed by the Buyer or its Subcontract Administrator (or both), and the Subcontractor, indicating their express written agreement upon any change in the Contract Documents, including any change in the Work, the amount of adjustment to the Contract Sum (if any) and extent of adjustment to the Contract Time (if any).

d.

“Construction Manager (CM)” shall mean the individual specifically designated by the Buyer to monitor the technical performance of the Subcontractor and all Sub-Subcontractors, to assure compliance with the technical specifications of the contract.

e.

“Final Completion” shall mean the date on which the Subcontractor has (a) completed all requirements for Substantial Completion and remaining Work such that all Work is complete; (b) obtained permanent occupancy permits, where applicable; (c) submitted any final