Non-Green On Site Services Rider (March 2021).pdf

GENERAL TERMS AND CONDITIONS FOR NON-GREEN SERVICES RIDER

March 2021

GENERAL TERMS AND CONDITIONS

For On Site “Non-Green” Services

Subcontract Rider

INDEX

1. CLAUSES INCORPORATED BY REFERENCE

2. GOVERNMENT-FURNISHED PROPERTY

3. SELLER PERSONNEL

4. WORK HOURS AND HOLIDAYS

5. COOPERATION WITH OTHER SELLERS AND

BUYER PERSONNEL

6. NOTICE OF LABOR DISPUTES

7. GENERAL SCOPE OF WORK

8. BUYER MONITORING OF THE WORK

9. SITE INVESTIGATON, REPRSENTATIONS, AND

SPECIFICATIONS

10. PREPARATIONS, STORAGE, AND ANCILLARY

OPERATIONS

11. ENVIRONMENTAL, SAFETY, AND HEALTH

PROTECTION – CODES AND STANDARDS

12. ENVIRONMENTAL PROTECTION

REQUIREMENTS

13. INJURY AND ILLNESS PREVENTION PROGRAM

IMPLEMENTATION

14. ENVIRONMENTAL, SAFETY, AND HEALTH

COMPLIANCE, OVERSIGHT, AND

ENFORCEMENT

15. RETURN OF SLAC BADGES, KEYS, AND

DOSIMETERS

16. SITE SECURITY AND SENSITIVE FOREIGN

NATIONS SITE ACCESS

17. INSURANCE

18. ASSUMPTION OF RISK UNTIL FINAL

ACCEPTANCE

19. MISCELLANEOUS SITE POLICIES

1. CLAUSES INCORPORATED BY REFERENCE

The Article of the Standard Terms and Conditions entitled “Clauses Incorporated by Reference” is supplemented with the following clauses:

DEAR 952.203-70 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (DEC 2000)

DEAR 970.5223-4 WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES (DEC 2010)

DEAR 952.204-77 COMPUTER SECURITY (AUG 2006), in Subcontracts in which the Seller may have access to computers owned, leased or operated on behalf of the Department of Energy

2. GOVERNMENT-FURNISHED PROPERTY

A. The requirements of this Article three (3) apply when certain Buyer-provided property (hereinafter referred to as Government-furnished property or “GFP”) is provided to the Seller in performance of the Subcontract. The schedules set forth in this Subcontract are based upon the premise that the GFP will be delivered to the Seller in sufficient time to enable Seller to meet said schedules. In the event that such GFP is not delivered to Seller in sufficient time to enable Seller to meet the said schedules, the Buyer shall, if requested by the Seller, determine if any unreasonable delay has occurred, and if so, shall grant a reasonable extension of the time for completion of performance.

B. Title to such GFP shall be and remain with the Government, and shall not be affected by the incorporation or attachment thereof to any property not owned by the Government, nor shall any such property, or any part thereof, be or become a fixture or lose its identity as personal property by reason of affixation to any realty. The Seller shall maintain adequate property control records of such property consistent with good business practice and as may be prescribed by the Government or the Buyer, and shall cause all such property to be clearly marked (if not so marked) to show that it is property of the Government.

C. GFP shall be used for the performance of this Subcontract only.

D. The Seller shall, in accordance with sound industrial practice, protect and preserve such GFP until completion by the Seller of all work required by this Subcontract. Should any repair or replacement of any such property become necessary during the term of this Subcontract other than by reason of the negligence or fault of the Seller, the same shall be made by the

Seller with the approval of and for the account of the Buyer and the title thereto shall vest in the Government and any delay occasioned thereby shall be considered an excusable delay under this Subcontract.

E. Unless otherwise provided in this Subcontract, the Seller assumes the risk of and shall be responsible for any loss of or damage to the GFP in its possession except for reasonable wear and tear, or due to causes unrelated to the Seller’s fault or negligence.

F. The Government and the Buyer shall at all times have access to the premises wherein any GFP is located.

G. Upon completion of this Subcontract, the Seller shall submit, in a form acceptable to the Buyer, inventory schedules covering all items of GFP utilized in the performance of this Subcontract (including any resulting scrap), not theretofore delivered to the Government or the Buyer.

3. SELLER PERSONNEL

A. All Seller employees performing the work under this Subcontract shall have that level of education, experience, physical competence, and training required for the skillful, workmanlike, efficient and safe carrying out of their Subcontract tasks and shall carry out such tasks in like manner.

B. Only persons who are eligible to work in the United States of America (U.S. citizens, green card holders, or those with the appropriate visa) may be employed to work at this site. Sellers and their employees must show government-issued identification to gain access to this site, and persons who are unable to provide proper I.D. will not be permitted to enter SLAC premises.

C. In the event that non-English speaking workers are utilized, the Seller shall, at all times when work activity is on-going, have a designated worker who is bilingual in English and the language of those workers on site to interpret work instructions and safety orders.

D. At the request of the Buyer, the Seller shall notify the Buyer, in writing, of the names of all of its personnel and its sub tiers together with a summary of the extent and character of the work to be done by each.

4. WORK HOURS AND HOLIDAYS

A. The Seller will be permitted to work in the work areas, and delivery of materials may be made during normal working hours (7 am to 5 pm, Monday through Friday, unless otherwise indicated in the Contract Documents) and, when authorized in advance by the Procurement Specialist, after hours, on holidays, or weekends.

B. SLAC holidays:

New Year’s Day Martin Luther King’s Birthday Holiday President’s Birthday Holiday Memorial Day Holiday

Independence Day Labor Day Holiday Thanksgiving: Thursday & Friday Christmas - two days

Additionally, SLAC is usually shut down during the period between Christmas and New Year’s Day.

C. Unless required by law, no extra payment will be allowed for extra expense incurred by the Seller for its employees working holidays.

5. COOPERATION WITH OTHER SELLERS AND BUYER PERSONNEL

Other Seller and Buyer personnel may be working in or occupying the work area within and adjacent to the Seller’s work area. All Sellers shall have equal rights to use the haul roads, grounds, utilities, etc., and shall coordinate their activities which may be in conflict so as to cause a minimum of interference. The Seller shall cooperate with others in the scheduling of work to avoid undue inconveniences to all concerned. The Seller shall not commit or permit any act which will interfere with the performance of work by any other Seller or by Buyer employees.

6. NOTICE OF LABOR DISPUTES

Whenever an actual or potential labor dispute is delaying or threatens to delay the performance of the work, the Seller shall immediately notify the Buyer in writing. Such notice shall include all relevant information concerning the dispute and its background.

7. GENERAL SCOPE OF WORK

Except as otherwise indicated in the Subcontract Documents, the Seller shall furnish all labor, materials, tools, equipment, incidentals, and submittals necessary to prepare for and perform the work. Where standards are not specified, the Seller shall perform the work in accordance with the best general practice and industry standards, and provide materials and workmanship of the first quality. Where the Subcontract Documents do not provide complete details, the Seller shall seek written clarification from the Buyer, with an explanation of the details of the planned method for meeting the Subcontract requirement.

8. BUYER MONITORING OF THE WORK

A. Seller is responsible for performing the work called out herein in a manner fully compliant with all Subcontract Documents. As an aid to assessing, accepting, and approving the Seller’s performance, the work under this Subcontract is subject to monitoring and quality assurance surveillance by the Technical Representative.

B. The Technical Representative shall not impose tasks or requirements upon the Seller additional to or different from those required by the Subcontract Documents. The Technical Representative shall provide such technical guidance to the Seller as may be appropriate and reasonable to assure compliance with all specifications, technical requirements, and other obligations of the Subcontract.

C. Back Charge for Extraordinary Monitoring. The Buyer monitors compliance with Subcontract requirements for its own benefit. Monitoring is performed by the Technical Representative or other representatives such as safety personnel, inspection and testing vendors, security personnel, and by the Procurement Specialist.

i. In the event that Seller’s performance is not in accordance with the Subcontract or applicable laws and regulations, the Buyer may incur increased costs for monitoring in order to verify that corrections have been made by the Subcontractor and compliance achieved. The Buyer, at its election, may recover costs of this extraordinary effort by reducing the amount of the Subcontract price as set forth below, in addition to any other remedies available.

ii. Isolated noncompliance. Upon a first (single) occurrence of material noncompliance with a Subcontract requirement or applicable law or regulation, the Technical Representative or designee and the Seller’s on-site representative shall agree on the correction to be made and the schedule for the correction.

iii. If agreement is not reached the Technical Representative or designee and the Seller’s on-site representative shall immediately contact the Procurement Specialist for resolution. Each time the Technical Representative or designee checks for compliance, a reasonable back charge will apply if material compliance has not been achieved, and a revised schedule for correction shall be established. If the Technical Representative or designee and the Seller’s on-site representative do not agree on the status of compliance, they shall immediately contact the Procurement Specialist for resolution.

iv. Continuing, repetitive, or multiple noncompliance: In the event of continuing, repetitive, or multiple noncompliance, back charges shall apply during each instance where the Technical Representative or designee is required to take action to obtain compliance, including but not limited to assignment of a full-time Buyer inspector to the project. If the Technical Representative or designee and the Seller’s on-site representative do not agree on the status of the work, they shall immediately contact the Procurement Specialist for resolution.

v. Back charges for extraordinary monitoring shall be at the rate of $100 per hour for a minimum of one hour per incident.

Any monetary adjustment by the Buyer for extra monitoring is independent of that which may be otherwise charged against the Seller by any external regulatory or oversight agencies.

9. SITE INVESTIGATON, REPRSENTATIONS, AND SPECIFICATIONS

A. The Seller acknowledges that it has satisfied itself as to the nature and location of the work; the general and local conditions, particularly those bearing upon work hazards and safety, transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, and similar physical conditions at the site; the conformation and conditions of the ground; the character of equipment and facilities needed preliminary to and during the prosecution of the work; and all other matters upon which information is reasonably obtainable and which can in any way affect the work or the cost thereof under this Subcontract. The Seller further acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, from exploratory work done by the Buyer, as well as from information presented by the drawings and specifications made a part of this Subcontract.

B. Any failure by the Seller to acquaint itself with all of the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Buyer assumes no responsibility for any understanding or representations made by any of its officers or agents during or prior to the execution of this Subcontract, unless (1) such understanding or representations are expressly stated in the Subcontract, and (2) the Subcontract expressly provides that the responsibility therefore is assumed by the Buyer.

C. Should the Subcontract Documents and Seller’s reasonable inspection in accordance with Subparagraph A not adequately convey the actual physical or operating conditions expected to be encountered in the execution of the Work of this Subcontract, it shall be the responsibility of the Seller to so advise the Buyer. Such advice shall be in writing and shall be submitted to the Buyer in sufficient time prior to the scheduled completion of the work so that a revision to drawings or specifications may be made, if necessary.

10. PREPARATIONS, STORAGE, AND ANCILLARY OPERATIONS

A. Except as otherwise indicated in the Technical Specifications, the Seller shall deactivate, remove, relocate, store, protect, reinstall, reactivate, and return to original condition all furnishings, equipment, other property, and landscaping, and otherwise prepare for the work, including but not limited to utility shutdowns and disconnections, systems draining and purging, rigging, removal and storage of all furnishings, equipment, other property and landscaping, utility reconnection and startup, systems charging and startup, and replacement and refurbishment of property to original condition.

B. Warehouse, shop, tool storage, office facilities and stockpile areas may be provided by the Subcontractor at its own expense.

The Seller may, in locations on the site to be designated by the Buyer, erect structures, install utilities, and establish storage areas as may be necessary to perform the work under the Subcontract. The Seller is responsible for the safekeeping of all its materials, tools, and equipment. All of the above structures and facilities shall remain the property of the Seller, and, unless otherwise authorized by the Buyer, shall be removed from the site of the work at the Seller’s expense upon completion of the work or when directed by the Buyer. After such removal, the sites thereof shall be cleaned up and restored to the satisfaction of the Buyer and in compliance with applicable law.

C. Only materials, appliances, and plant to be used for the performance of the Subcontract work may be stored in stockpile areas or in warehouses and shop facilities (whether erected by the Seller or not) located on Buyer-controlled land. If the Seller abandons the performance of the subcontract work or if the Subcontractor’s right to proceed is terminated pursuant to FAR 52.212-4(M), the Seller shall hold and save the Buyer, the Government, and their officers and agents free and harmless from any liability of any nature or kind arising from the Buyer’s entry into such stockpile areas, warehouses, or shop facilities and from the Buyer’s taking possession of and utilizing such materials, appliances, and plant in completing the subcontract work.

D. No unauthorized or unwarranted entry upon or passage through, or storage or disposal of materials shall be made upon Buyer or SLAC premises. The Seller shall be liable for any and all resulting damage caused by it to such Buyer or SLAC premises, including all removal or restoration costs.

E. The Seller shall use only established roadways or it may construct and use such temporary roadways only as may be authorized by the Buyer. Where materials are transported in the prosecution of the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicles or prescribed by any Federal, State, or local law regulations. When it is necessary to cross curbing or sidewalks, operate heavily loaded vehicles over developed areas, or operate track-type vehicles on surfaced streets, sidewalks or developed areas, protection against damage shall be provided by the Seller and any damaged roads, curbing, sidewalks or developed areas shall be repaired by, or at the expense of, the Subcontractor.

11. ENVIRONMENTAL, SAFETY, AND HEALTH PROTECTION – CODES AND STANDARDS

A. All work performed by the Seller and its sub tiers shall be in accordance with the applicable Federal, State, and local environmental laws, codes, standards, and regulations, including those described in this Article.

B. The Seller and its sub tiers shall also perform work in accordance with the following Buyer-specific requirements, which are largely consistent with applicable regulatory requirements: (1) SLAC’s Injury and Illness Prevention Program (IIPP) including those regulations and standards listed in Appendix B thereto; (2) ES&H Manual Chapter 42“Subcontractor Safety”;

and (3) any additional safety and environmental requirements, codes, standards, and regulations detailed in the specifications or statement of work.

C. With regard to safety and health regulations, SLAC has adopted the California Division of Occupational Safety and Health (Cal/OSHA) general industry and construction safety orders as found in Title 8 of the California Code of Regulations. However, government enforcement of safety and health compliance is under the jurisdiction of the federal Department of Energy.

D. All codes, standards, and referenced specifications in the Subcontract Documents shall mean latest edition, including supplements when such exists, unless otherwise stated. Where differences exist in the levels of protection prescribed in applicable codes, standards, and referenced specifications, the level which provides the greatest protection to the Buyer shall govern, unless otherwise stated. Any variances from the codes and standards noted by the Seller in the specifications and drawings shall be brought to the Procurement Specialist’s attention immediately by notification in writing.

E. The Government, the State of California, and local jurisdictions may have the authority to fine the Buyer, the Seller and sub tiers for failure to comply with applicable safety, health, and environmental laws. The Buyer reserves the right to recover costs arising from Seller and its sub tiers’ failure to comply with applicable laws and standards.

12. ENVIRONMENTAL PROTECTION REQUIREMENTS

A. All personnel and equipment necessary for the protection of the environment in performance of the Subcontract shall be the responsibility of and shall be provided by the Seller. Failure to maintain adequate measures to ensure protection of the environment as required by applicable laws and Buyer standards may result in termination for default, and assessment of clean-up costs.

B. Materials, processes and activities that the Seller proposes to employ that are governed by the Clean Air Act must conform to requirements specified by the Bay Area Air Quality Management District (BAAQMD). Refer to BAAQMD regulations for details on the relevant materials.

C. All on-site activities shall include Best Management Practices (BMPs), required by the Clean Water Act, to prevent the introduction of hazardous and non-hazardous materials into stormwater or conveyances that transport stormwater off-site to streams and the Bay.

D. All hazardous wastes generated on site must comply with California Department of Toxic Substances Control (“DTSC”) laws and regulations. This includes storage, labeling, transport and disposal. Management of hazardous wastes shall be coordinated with SLAC’s Waste Management Group.

E. Sellers, their personnel and sub tiers shall not cause to be delivered or bring radioactive materials or radiation generating https://www-group.slac.stanford.edu/esh/general/iipp/ https://www-group.slac.stanford.edu/esh/general/subcontractor devices to Buyer’s premises without prior express approval from the Procurement Specialist and designated representatives from the Buyer’s Radiation Protection Department. Examples of such radioactive materials and radiation generating devices are available.

F. All work shall be performed in a manner consistent with SLAC's Environmental, Safety and Health Policy.

13. INJURY AND ILLNESS PREVENTION PROGRAM IMPLEMENTATION

A. Seller is responsible for safe working practices and shall ensure the safety of their personnel, sub tier personnel, Buyer personnel, other personnel and visitors, Buyer and Government property, and private property in the performance of the Subcontract. Seller, its personnel and sub tiers shall comply with all applicable safety and health laws, standards, and regulations.

B. Seller shall implement, and require its personnel and sub tiers to implement SLAC’s Injury and Illness Prevention Program (IIPP), or their own equivalent. Seller shall implement, and require its personnel and sub tiers to implement SLAC ES&H Manual Chapters 2 and 42. Seller shall implement, and require its personnel and sub tiers to implement, Work Planning and Control (WPC) to ensure that that the overall project and each defined work activity conforms to SLAC’s WPC program. In addition, to the extent an on-site incident or accident requiring investigation occurs, the Seller shall fully cooperate in such Buyer and DOE investigations, including by providing access to relevant documentation and personnel in accordance with DOE O 225.1B, titled Accident Investigations. The WPC process elements shall include the following steps: (a) Define scope; (b) Analyze hazards; (c) Identify and implement controls; (d) Perform the work within controls; (e) Provide feedback and improvement. Additionally, the WPC process shall include the proper authorization and release of all work on a daily basis by the Technical Representative and the Seller.

C. The Seller shall establish processes to ensure hazards are identified and abated routinely. All workers shall be encouraged to engage in the hazard identification and control process and speak up when they have a concern.

D. The Seller shall ensure that its personnel and sub tiers understand that they may decline work or stop others from performing work if the work may create an “imminent danger,” or when a worker does not believe there is sufficient time to abate a hazard through the standard means in the performance of the task. An “imminent danger” situation is defined as one that could result in serious injury, death, or significant environmental or property damage. A process shall be established for employees to communicate to their supervisor and work together to mitigate imminent dangers.

E. All personnel and equipment necessary for the Injury and Illness Prevention Program (IIPP) implementation shall be the responsibility of and shall be provided by the Seller to assure public safety and properly guard against personal injury or property damage. Examples include: Flaggers, signs, barricades, fences, lights, fire extinguishers, and similar precautions.

F. Seller and sub tier personnel shall be made available for interviews; equipment shall be made available for inspection, measurement and testing; work planning and training documentation shall be provided to Buyer and DOE upon request.

G. Failure to maintain adequate measures to ensure safe working practices and safety as required by applicable laws and Buyer standards may result in termination for default.

14. ENVIRONMENTAL, SAFETY, AND HEALTH COMPLIANCE, OVERSIGHT, AND ENFORCEMENT

A. All Buyer employees, agents, and subcontractors, and DOE employees and agents, have the authority and responsibility to identify and stop any activity creating an imminent danger as defined in the Article in the General Terms and Conditions entitled “Quality of Items and Counterfeit Parts.” If directed to stop an activity creating an imminent danger, the Seller shall comply, and immediately contact the Technical Representative for further direction.

B. The Seller is required to effectively address environmental, safety, and health compliance concerns on a continual basis. The Seller shall immediately correct environmental, safety, and health non-compliances and hazards upon the request of the Technical Representative or Procurement Specialist. Further, the Technical Representative or Procurement Specialist may, at their discretion, issue a written notice of violation if the work is found to be non-compliant with the applicable environmental, safety, and health laws and SLAC standards. DOE staff are also authorized to inspect construction projects, communicate deficiencies to SLAC management, and request work be stopped due to imminent danger or regulatory violations.

C. If a notice of violation is not adequately addressed in the time specified in the notice, or if at any time the Seller or its sub tier’s activities present an imminent danger or violate applicable environmental, safety and health laws and standards, the Procurement Specialist or Technical Representative may issue a written stop work order until the dangerous or non-compliant activities are remedied at the Seller’s expense. The Seller shall be required to recover the schedule at its expense, and may be required to reimburse the Buyer for extraordinary monitoring as described in this Subcontract. The Seller shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage resulting from its non-compliance with environmental, safety, or health related requirements.

15. RETURN OF SLAC BADGES, KEYS, AND DOSIMETERS

Loss of SLAC badges, keys, and dosimeters present significant security risks and replacement costs for the Buyer. Seller must track ID badges, keys, and dosimeters received by its employees, and notify the Procurement Specialist of any missing badges, keys, or dosimeters as soon as such loss is discovered, and in no event later than closeout. Further, in addition to any other https://www-group.slac.stanford.edu/esh/rp/RPmaterialTC.pdf https://www-group.slac.stanford.edu/esh/rp/RPmaterialTC.pdf https://www-group.slac.stanford.edu/esh/about_esh/eshpolicy.htm https://www-group.slac.stanford.edu/esh/general/iipp/ https://www-group.slac.stanford.edu/esh/general/iipp/ https://www-group.slac.stanford.edu/esh/eshmanual/eshmanual_toc.htm https://www-group.slac.stanford.edu/esh/general/wpc/ https://www-group.slac.stanford.edu/esh/general/subcontractor/ https://www-group.slac.stanford.edu/esh/general/wpc/ remedies available under this Subcontract, the Buyer may charge, at its discretion, a penalty of $500 per ID badge, key, or dosimeter not returned to the SLAC Security Office within five (5) days of the completion of the Seller’s performance. Such penalties shall be deducted from the final payment. The Buyer may, at its discretion, require a certification from the Seller that it has complied with this requirement and has reported to the Procurement Specialist any missing ID badges, dosimeters, or keys.

16. SITE SECURITY AND SENSITIVE FOREIGN NATIONS SITE ACCESS

A. All Seller personnel coming on-site must display a valid driver’s license if operating a vehicle, or otherwise provide valid government-issued identification.

B. All Seller personnel regularly performing work on-site must comply with SLAC site access control, badging, training, and emergency protocols.

C. All operations of the Seller shall take place during times specified in the Subcontract or as defined in Section 5 above and be confined to areas defined in the Subcontract, or as otherwise authorized or approved by the Buyer. Noncompliance may result in revocation of access privileges.

D. Seller shall access SLAC computers and networks only when such access is reasonably necessary in performing the Subcontract, or otherwise as expressly authorized by the Procurement Specialist. If such access is permitted, Seller must comply with SLAC cybersecurity policies and standards governing the use of SLAC computers and networks.

E. With the exclusion of GFP furnished to the Seller and Seller’s property used in the performance of the Subcontract, all other property on-site belongs to the Buyer or the Government and shall not be removed without express written authorization from the Procurement Specialist.

F. Unless otherwise specified in the Subcontract, Sellers coming on-site must park in areas designated by the Procurement Specialist or the SLAC Security Office.

G. In accordance with the Department of Energy Acquisition Regulation 952.204-71 “Sensitive Foreign Nations Controls (Mar 2011)” and the current version of the DOE Order governing Unclassified Foreign Visits and Assignments (DOE Order 142.3A), specific approval requirements for certain non-U.S. Persons (“U.S. Persons” = U.S. citizens and Permanent Residents) working at SLAC National Accelerator Laboratory have been established for Sellers and must be flowed down to their sub tiers. In accordance with these controls, Seller’s personnel performing any effort under this purchase order/subcontract on-site shall be subject to the requirement for the completion and submittal of an online registration form: http://www- group.slac.stanford.edu/esh/security/badge_subcontractor.htm, and may be subject to additional access restrictions pursuant to the DOE Order governing Unclassified Foreign Visits and Assignments.

17. INSURANCE

A. Seller shall secure and maintain in effect at all times during the performance of the work under this Subcontract the coverages of insurance, set forth below, which shall be maintained with companies, underwriters or underwriting firms under forms of policies satisfactory to the Buyer. The Seller shall furnish to the Buyer concurrently with the execution of this Subcontract and prior to commencing any performance thereof, two (2) copies of a Certificate of Insurance substantiating the said coverages and endorsements described below. The types and levels of required insurance for all Subcontracts are as follows:

i. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired vehicles with a combined single limit not less than one million dollars ($1,000,000) per occurrence.

ii. Commercial General Liability Insurance with limits (as supplemented by any umbrella policies, if applicable) as follows:

a. For Subcontracts with a total value under $100,000, insurance limits not less than one million dollars

($1,000,000) per occurrence;

b. For Subcontracts with a total value from $100,001 through $999,999, insurance limits not less than three million dollars ($3,000,000) per occurrence;

c. For Subcontracts with a total value greater than one million dollars ($1,000,000), insurance limits not less than five million dollars ($5,000,000) per occurrence.

iii. Worker’s Compensation Insurance of not less than $1,000,000 per person; $1,000,000 per accident with an endorsement containing a clause waiving subrogation.

B. Seller shall provide the following endorsements to its Commercial General Liability policy and/or ensure that the Commercial General Liability insurance policy (together with its umbrella policy if used to satisfy insurance limits above) is amended, if needed, to include the following:

i. An endorsement naming the Buyer, Board of Trustees of the Leland Stanford Jr. University, its trustees, officers, employees, faculty, students, volunteers, and agents and DOE as additional insureds under said Commercial General Liability policies with respect to liability arising out of or in any way connected with the performance of the Subcontract and stating that said policies are primary as to any loss to which the insurance coverage provided thereby is applicable http://www-/ without right of contribution from any insurance otherwise maintained by the Buyer or DOE.

ii. A cross liability or severability of interest clause.

iii. A clause waiving subrogation.

iv. Inclusion of contractual liability insurance and a statement nullifying any clause in such insurance policies excluding liability assumed under contract.

C. The Seller, by its signature to this Subcontract, warrants that all of the insurance required by this Subcontract is currently in effect and will be maintained throughout the period of this Subcontract, except that the minimum coverage specified above must not be encumbered by other claims during the period of performance by more than ten percent (10%) of the coverage specified.

18. ASSUMPTION OF RISK UNTIL FINAL ACCEPTANCE

The Seller shall and does hereby assume all risks and responsibility for damage to its work and materials from fire, earthquake, storm and/or other causes prior to the completion and acceptance of the work pursuant to the Article of the General Terms and Conditions entitled “Inspection and Acceptance of Items or Services”, and shall at its own cost and expense repair and/or replace any work or materials damaged or destroyed.

19. MISCELLANEOUS SITE POLICIES

A. For the purposes of this rider, Non-Green Services are categories of services described on the SLAC Infrastructure and Safety – Work Planning and Control Website.

B. The playing of (radios, phone speaker devices) or listening (use of earbuds, or similar) to music, podcasts, etc. while performing work is not permitted.

C. Except to the extent provided by law, pets are not permitted on Buyer’s site.

(END OF NON-GREEN SERVICES RIDER TERMS AND CONDITIONS)

https://sites.slac.stanford.edu/scienceinfrastructuresafety/lab-training-and-safety/work-planning-control https://sites.slac.stanford.edu/scienceinfrastructuresafety/lab-training-and-safety/work-planning-control