CONSTRUCTION SUBCONTRACT EXHIBIT A GENERAL

SRR-PPS-2009-00009Rev. 9December 10, 2020CONSTRUCTION SUBCONTRACTEXHIBIT "A"GENERAL PROVISIONSUNDER U.S. DEPARTMENT OFENERGY CONTRACT NO.DE-AC09-09SR22505SAVANNAH RIVER REMEDIATION LLC SAVANNAH RIVERSITEAIKEN, SOUTH CAROLINA 29808

SRR-PPS-2009-00009EXHIBIT "A"CONSTRUCTION SUBCONTRACTGENERAL PROVISIONSTABLE OF CONTENTSArticleTitlePage No.TABLE OF CONTENTS . 21.ENTIRE AGREEMENT . 32.INDEPENDENT CONTRACTOR . 33.AUTHORIZED REPRESENTATIVES . 34.NOTICES . 35.SUBCONTRACT INTERPRETATION . 36.ORDER OF PRECEDENCE . 37.STANDARDS AND CODES . 48.LAWS AND REGULATIONS . 49.PERMITS AND LICENSES . 410.TAXES . 511.LABOR, PERSONNEL AND WORK RULES . 512.COMMERCIAL ACTIVITIES . 513.PUBLICITY AND ADVERTISING . 514.SITE CONDITIONS AND NATURAL RESOURCES . 515.DIFFERING SITE CONDITIONS . 616.TITLE TO MATERIALS FOUND . 617.SURVEY CONTROL POINTS AND LAYOUTS . 618.SUBCONTRACTOR'S WORK AREA . 719.CLEANING UP . 720.COOPERATION WITH OTHERS . 721.RESPONSIBILITY FOR WORK, SECURITY, AND PROPERTY. 722.SUBCONTRACTOR'S PLANT, EQUIPMENT, AND FACILITIES. 823.ILLUMINATION . 924.USE OF CONTRACTOR'S CONSTRUCTION EQUIPMENT OR FACILITIES . 925.INSPECTION, QUALITY SURVEILLANCE, REJECTION OF MATERIALS, AND WORKMANSHIP . 926.TESTING. 1027.EXPEDITING. 1028.PROGRESS . 1029.EXCUSABLE DELAYS . 1030.CHANGES . 1131.DISPUTES. 1232.USE OF COMPLETED PORTIONS OF WORK . 1233.WARRANTY . 1334.BACK CHARGES . 1335.INDEMNITY . 1436.PATENT AND INTELLECTUAL PROPERTY INDEMNITY . 1537.ASSIGNMENTS AND SUBCONTRACTS . 1538.SUSPENSION . 1639.TERMINATION FOR DEFAULT . 1640.TERMINATION FOR CONVENIENCE . 1741.FINAL INSPECTION AND ACCEPTANCE . 2042.NON-WAIVER . 2143.SURVIVAL . 2144.PAYMENT BY ELECTRONIC FUNDS TRANSFER . 2145.TRAVEL . 2246.SUPERINTENDENCE BY SUBCONTRACTOR . 2247.FITNESS FOR DUTY AND WORKPLACE SUBSTANCE ABUSE PROGRAMS . 2248.GENERAL EMPLOYEE TRAINING AND ANNUAL REFRESHER TRAINING FOR SUBCONTRACT EMPLOYEES. 2349.SECURITY EDUCATION REQUIREMENTS FOR SUBCONTRACTORS . 2550.COMPLIANCE WITH EMPLOYEE CONCERNS . 2651.FOREIGN NATIONALS. 2652.ACCESS TO DOE-OWNED OR LEASED FACILITIES . 2753.FOREIGN GOVERNMENT SPONSORED OR AFFILIATED ACTIVITIES . 2854.GOVERNMENT FLOW DOWNS . 28

SRR-PPS-2009-00009Clauses Applying to All Subcontracts, If Applicable . 28Clauses Applying to Subcontracts Over 3,000 . 29Clauses Applying to Subcontracts Over 10,000 . 29Clause Applying to Subcontracts Over 25,000 . 30Clauses Applying to Subcontracts Over 100,000 . 30Clauses Applying to Subcontracts Over the Simplified Acquisition Threshold (Currently 250,000) . 30Clauses Applying to Subcontracts Over 2,000,000 . 30Clauses Applying if Cost or Pricing Data Are Required in Pricing the Subcontract or in Pricing a Modification Under the Subcontract) 30Clause Applying to Subcontracts Over 1,000,000 . 31

EXHIBIT "A" CONSTRUCTIONSUBCONTRACT GENERALPROVISIONS1.ENTIRE AGREEMENTThis Subcontract embodies the entire agreement between CONTRACTOR and SUBCONTRACTOR andsupersedes all other writings. The parties shall not be bound by, or be liable for, any statement, representation,promise, inducement, or understanding not set forth in this Subcontract.2.INDEPENDENT CONTRACTORSUBCONTRACTOR represents that it is fully experienced, properly qualified, registered, licensed (in its home state andplace where Work is being performed, if different), equipped, organized, and financed to perform the Work underthis Subcontract. SUBCONTRACTOR shall act as an independent contractor and not as the agent ofCONTRACTOR or the GOVERNMENT in performing this Subcontract. SUBCONTRACTOR shall maintaincomplete control over its employees and all of its lower tier suppliers, agents, and subcontractors (collectively"subcontractors"). Nothing contained in this Subcontract or any lower tier purchase order or subcontract awarded bySUBCONTRACTOR shall create any contractual relationship between any lower tier subcontractor(s) and eitherCONTRACTOR or the GOVERNMENT.3.AUTHORIZED REPRESENTATIVESBefore starting Work, SUBCONTRACTOR shall designate in writing an authorized representative acceptable toCONTRACTOR to represent and act for SUBCONTRACTOR and shall specify any and all limitations of suchrepresentative's authority. Such representative shall be present or be represented at the Jobsite at all times whenWork is in progress and shall be empowered to receive communications in accordance with this Subcontract onbehalf of SUBCONTRACTOR. During periods when Work is suspended (if any), arrangements shall be made for anauthorized representative acceptable to CONTRACTOR to supervise any emergency Work that may be required. Allcommunications given to the authorized representative by CONTRACTOR in accordance with this Subcontract shallbe binding upon SUBCONTRACTOR. CONTRACTOR shall designate in writing one or more representatives torepresent and act for CONTRACTOR and to receive communications from SUBCONTRACTOR. Notification ofchanges of authorized representatives for either CONTRACTOR or SUBCONTRACTOR shall be provided inadvance, in writing, to the other party.4.NOTICESAny notices provided for under this Subcontract shall be in writing and may be served either (i) personally on theauthorized representative of the receiving party at the Jobsite, or (ii) by mail to the address of that party as shown on theface of the Subcontract Agreement Form or at such address as may have been changed by written notice.5.SUBCONTRACT INTERPRETATIONAll questions concerning interpretation or clarification of this Subcontract, including the discovery of conflicts,errors, or omissions, or the acceptable performance of Work by SUBCONTRACTOR, shall be immediately submittedin writing to CONTRACTOR for resolution. All determinations, instructions and clarifications of CONTRACTOR shallbe final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious,arbitrary, so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. At all timesSUBCONTRACTOR shall proceed with the Work in accordance with the determinations, instructions andclarifications of CONTRACTOR. SUBCONTRACTOR shall be solely responsible for requesting instructions orinterpretations and shall be solely liable for any costs and expenses arising from its failure to do so.6.ORDER OF PRECEDENCEThe Subcontract shall consist of all the documents listed below and subsequently issued Change Notices andamendments ("Modification Agreements"). All of these documents are essential parts of this Subcontract, and aPage 3 of 31Rev. 9

requirement appearing in one document is binding as though occurring in all. In resolving conflicts, discrepancies,errors, or omissions pursuant to Article 5 titled "SUBCONTRACT INTERPRETATION" below, the following orderof precedence shall be used:1.2.3.4.5.6.7.8.9.7.Subcontract Change Notices and Modification Agreement(s), if anySubcontract Agreement FormExhibit "G" - Project AgreementExhibit "C" - Quantities, Prices and DataExhibit "B" - Special ProvisionsExhibit "A" - General ProvisionsExhibit "F" - SUBCONTRACTOR Safety and Health RequirementsExhibit "E" - Scope of Work & Technical SpecificationsExhibit "D" - DrawingsSTANDARDS AND CODESWherever references are made in this Subcontract to standards or codes in accordance with which the Work underthis Subcontract is to be performed, the edition or revision of the standards or codes current on the effective date ofthis Subcontract shall apply unless otherwise expressly stated in the specifications and drawings. In case of conflictsbetween (i) any reference standards and codes, and (ii) any Subcontract document noted above, the latter shallgovern.8.LAWS AND REGULATIONSSUBCONTRACTOR and its employees and lower tier subcontractors shall at all times comply with all applicablelaws, ordinances, statues, rules, and regulations, including new provisions of 10 CFR 851 relating to Health andSafety, in effect at the time Work under this Subcontract is performed. Compliance shall be a material requirementof this Subcontract. SUBCONTRACTOR agrees to indemnify and save harmless CONTRACTOR and theGOVERNMENT, and their officers, employees, servants, and agents from and against any and all claims orexpenses caused or occasioned directly or indirectly by its failure to so comply.If during the term of this Subcontract there are any changed or new laws, ordinances, or regulations not known orforeseeable at the time of signing this Subcontract that affect the cost or time of performance of the Subcontract,SUBCONTRACTOR shall immediately notify in writing and submit detailed documentation of such effect in termsof both time and cost of performing the Subcontract. Upon concurrence by CONTRACTOR as to the effect of suchchanges, an equitable adjustment in the compensation, scope, or time of performance will be made.SUBCONTRACTOR is liable to CONTRACTOR and the GOVERNMENT for all fines and penalties assessed byany governmental entity against CONTRACTOR or the GOVERNMENT resulting from SUBCONTRACTOR’Sfailure to perform its Work under the Subcontract in compliance with the requirements of the Subcontract.If any discrepancy or inconsistency should be discovered between the Subcontract and any law, ordinance,regulation, order, or decree, SUBCONTRACTOR shall immediately report same in writing to CONTRACTOR,which will issue such instructions as may be necessary.9.PERMITS AND LICENSESExcept as otherwise specified, SUBCONTRACTOR shall procure and pay for all permits, licenses, and inspections,other than inspections performed by CONTRACTOR, and shall furnish any bonds, security, or deposits required bythe GOVERNMENT, state, territory, municipality, or other political subdivisions to permit performance of theWork. This includes but is not necessarily limited to identifying if such permits and licenses are required, compilingthe information and data required for applications to obtain permits and licenses, filing of necessary applications forsuch permits and licenses, and providing any additional information or data required by the governmental entity.Where permits and licenses are furnished by the CONTRACTOR or the GOVERNMENT, SUBCONTRACTORshall provide all reasonable assistance requested, including providing any necessary information or data.Page 4 of 31Rev. 9

10.TAXESSUBCONTRACTOR shall pay all taxes, levies, duties, and assessments of every nature due in connection with theWork under this Subcontract and shall make any and all payroll deductions required by law. SUBCONTRACTORhereby indemnifies and holds the CONTRACTOR and the GOVERNMENT harmless from any liability on accountof any and all such taxes, levies, duties, assessments, and deductions.11.LABOR, PERSONNEL AND WORK RULESSUBCONTRACTOR shall employ only competent and skilled personnel to perform the Work and shall removefrom the Job site any SUBCONTRACTOR personnel determined to be unfit for duty (see Article 47 below) or to beacting in violation of any provision of this Subcontract. [For information regarding CONTRACTOR work rules anddisciplinary action applied to CONTRACTOR personnel in violation of work rules (with particular emphasis onSafety violations), SUBCONTRACTOR may contact CONTRACTOR’S designated Subcontract Labor RelationsRepresentative.] SUBCONTRACTOR is responsible for maintaining labor relations in such a manner that there isharmony among workers and shall comply with and enforce Project and Jobsite procedures, regulations, work rules,and work hours established by the CONTRACTOR and the GOVERNMENT.SUBCONTRACTOR shall advise its employees and lower tier subcontractors whose employees are performingwork at SRS that they shall inform SUBCONTRACTOR of any arrest or indictment by any law enforcement agencyas soon as practicabl

Dec 10, 2020 · EXHIBIT "A" CONSTRUCTION SUBCONTRACT GENERAL PROVISIONS 1. ENTIRE AGREEMENT This Subcontract embodies the entire agreement between CONTRACTOR and SUBCONTRACTOR and supersedes all other writings. The parties shall not be bound by, or be liable for, any statement, representation, promis