00 73 13 Supplementary Conditions - Construction Contract.pdf

Vaults 60, 87 & ET Structural Repair and Grating Replacement

3930 SUPPLEMENTARY CONDITIONS – CONSTRUCTION CONTRACT

REVISED 05/01/25 00 73 13 - 1

DOCUMENT 00 73 13

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page Article 1— Definitions and Terminology

Article 2— Preliminary Matters

Article 3— Contract Documents: Intent, Requirements, Reuse

Article 4— Commencement and Progress of the Work

Article 5— Site, Subsurface and Physical Conditions, Hazardous Environmental Conditions

Article 6— Bonds and Insurance

Article 7— Contractor’s Responsibilities

Article 8— Other Work at the Site

Article 9— Owner’s Responsibilities

Article 10— Engineer’s Status During Construction

Article 11— Changes to the Contract

Article 12— Claims

Article 13— Cost of Work; Allowances, Unit Price Work

Article 14— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work

Article 15— Payments to Contractor, Set Offs; Completions; Correction Period

Article 16— Suspension of Work and Termination

Article 17— Final Resolutions of Disputes

Article 18— Miscellaneous

SUPPLEMENTARY CONDITIONS – CONSTRUCTION CONTRACT 3930

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DOCUMENT 00 73 13

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

These Supplementary Conditions amend or supplement 00 72 13, Standard General Conditions of the Construction Contract. The General Conditions remain in full force and effect except as amended.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.”

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

SC-1.01. Replace “Engineer” with “Owner” in Paragraph 1.01.A.3

SC-1.01. Add the following new sentence immediately at the end of 101.A.30 to read as follows:

The term “Owner” shall mean the Knoxville Utilities Board, an independent agency of the City of Knoxville, a municipal corporation, acting through its duly authorized officers and employees.

SC-1.01. Add the following new paragraphs immediately after 1.01.A.46.c to read as follows:

d. Opinions, interpretations, or speculative non-factual comments or statements appearing within Technical Data are not operative parts of the Technical Data, do not have contractual standing, and may not be relied upon by the Contractor.

SC-1.01. Renumber Paragraph 1.01.A.38 to 1.01.A.38.a, and add the following new paragraphs:

b. Specialist—The term Specialist refers to a person, partnership, firm, or corporation of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either (as applicable) manufacturing or fabricating items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the item, a person, partnership, firm, or corporation licensed by the manufacturer, or a person, partnership, firm, or corporation who will perform the Work under the manufacturer’s direct supervision.

c. Standard Specifications—Wherever in these Contract Documents reference is made to the Standard Specifications, said reference shall be understood as referring to the [ ] which applicable parts are incorporated herein and made a part of these Documents by specific reference thereto. If requirements contained in the Standard Specifications are modified by or are in conflict with supplemental information in these Contract Documents, the requirements of these Contract Documents shall prevail.

SC-1.01. Replace “Engineer” with “Owner” in Paragraph 1.01.A.42.

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SC-1.01. Add the following language at the end of Paragraph 1.01.A.42:

Substantial Completion is further defined as (i) that degree of completion of the Project’s operating facilities or systems sufficient to provide Owner the full time, uninterrupted, and continuous beneficial operation of the Work; and (ii) required functional, performance and acceptance, or startup testing has been successfully demonstrated for components, devices, equipment, and instrumentation and control to the satisfaction of Engineer in accordance with the requirements of the Specifications.

SC-1.01. Add the following language at the end of Paragraph 1.01.A.47:

“whether or not reflected in the Contract Documents.”

SC-1.01. Add the words “Owner or” immediately before the word “Engineer” in Paragraph 1.01.A.50

1.02 Terminology

SC-1.02. Add the words “Owner or” immediately before the words “Engineer” within Paragraph 1.02B.

SC-1.02. Delete Paragraph 1.02.C in its entirety and insert the following in its place:

C. Day. The word “day”, unless otherwise indicated in the Contract Documents, means a calendar day of 24 hours measured from midnight to the next midnight.

ARTICLE 2—PRELIMINARY MATTERS

2.02 Copies of Documents

SC-2.02 Delete Paragraph 2.02.A in its entirety, and replace with the following:

Owner shall only furnish to Contractor one copy in electronic portable document format (PDF). Printed copies will be furnished upon request at the cost of reproduction.

2.03 Before Starting Construction

SC-2.03. In Paragraph 2.03.A revise the first sentence to read as follows:

Preliminary Schedules: Within 14 days after receipt of the Notice to Proceed (or as otherwise required by the Contract Documents), Contractor shall submit to Owner for timely review and approval:

2.05 Acceptance of Schedules

SC-2.05. Insert the word “Owner” immediately after “attended by Contractor” in Paragraph 2.05.A.

SC-2.05. Replace the word “Engineer” with “Owner” in Paragraph 2.05.A.1

SC-2.05. Replace the word “Engineer” with “Owner” in Paragraph 2.05.A.2

SC-2.05. Replace the word “Engineer” with “Owner” in Paragraph 2.05.A.3

2.06 Electronic Submittals

SC-2.06 Delete Paragraphs 2.06.B and 2.06.C in their entirety and insert the following in their place:

B. Electronic Documents Protocol: The parties shall conform to the following provisions in Paragraphs 2.06.B and 2.06.C, together referred to as the Electronic Documents Protocol (“EDP” or “Protocol”) for exchange of electronic transmittals.

1. Basic Requirements

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a. To the fullest extent practical, the parties agree to and will transmit and accept Electronic Documents in an electronic or digital format using the procedures described in this Protocol.

Use of the Electronic Documents and any information contained therein is subject to the requirements of this Protocol and other provisions of the Contract.

b. The contents of the information in any Electronic Document will be the responsibility of the transmitting party.

c. Electronic Documents as exchanged by this Protocol may be used in the same manner as the printed versions of the same documents that are exchanged using non-electronic format and methods, subject to the same governing requirements, limitations, and restrictions, set forth in the Contract Documents.

d. Except as otherwise explicitly stated herein, the terms of this Protocol will be incorporated into any other agreement or subcontract between a party and any third party for any portion of the Work on the Project, or any Project-related services, where that third party is, either directly or indirectly, required to exchange Electronic Documents with a party or with Engineer. Nothing herein will modify the requirements of the Contract regarding communications between and among the parties and their subcontractors and consultants.

e. When transmitting Electronic Documents, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the receiving party’s use of software application packages, operating systems, or computer hardware differing from those established in this Protocol.

f. Nothing herein negates any obligation 1) in the Contract to create, provide, or maintain an original printed record version of Drawings and Specifications, signed and sealed according to applicable Laws and Regulations; 2) to comply with any applicable Law or Regulation governing the signing and sealing of design documents or the signing and electronic transmission of any other documents; or 3) to comply with the notice requirements of Paragraph 18.01 of the General Conditions.

2. System Infrastructure for Electronic Document Exchange

a. Each party will provide hardware, operating system(s) software, internet, e-mail, and large file transfer functions (“System Infrastructure”) at its own cost and sufficient for complying with the EDP requirements. With the exception of minimum standards set forth in this EDP, and any explicit system requirements specified by attachment to this EDP, it is the obligation of each party to determine, for itself, its own System Infrastructure.

1) The maximum size of an email attachment for exchange of Electronic Documents under this EDP is 10 MB. Attachments larger than that may be exchanged using large file transfer functions or physical media.

2) Each Party assumes full and complete responsibility for any and all of its own costs, delays, deficiencies, and errors associated with converting, translating, updating, verifying, licensing, or otherwise enabling its System Infrastructure, including operating systems and software, for use with respect to this EDP.

b. Each party is responsible for its own system operations, security, back-up, archiving, audits, printing resources, and other Information Technology (“IT”) for maintaining operations of its System Infrastructure during the Project, including coordination with the party’s individual(s)

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or entity responsible for managing its System Infrastructure and capable of addressing routine communications and other IT issues affecting the exchange of Electronic Documents.

c. Each party will operate and maintain industry-standard, industry-accepted, ISO-standard, commercial-grade security software and systems that are intended to protect the other party from: software viruses and other malicious software like worms, trojans, adware; data breaches; loss of confidentiality; and other threats in the transmission to or storage of information from the other parties, including transmission of Electronic Documents by physical media such as CD/DVD/flash drive/hard drive. To the extent that a party maintains and operates such security software and systems, it shall not be liable to the other party for any breach of system security.

d. In the case of disputes, conflicts, or modifications to the EDP required to address issues affecting System Infrastructure, the parties shall cooperatively resolve the issues; but, failing resolution, the Owner is authorized to make and require reasonable and necessary changes to the EDP to effectuate its original intent. If the changes cause additional cost or time to Contractor, not reasonably anticipated under the original EDP, Contractor may seek an adjustment in price or time under the appropriate process in the Contract.

e. Each party is responsible for its own back-up and archive of documents sent and received during the term of the contract under this EDP, unless this EDP establishes a Project document archive, either as part of a mandatory Project website or other communications protocol, upon which the parties may rely for document archiving during the specified term of operation of such Project document archive. Further, each party remains solely responsible for its own post- Project back-up and archive of Project documents after the term of the Contract, or after termination of the Project document archive, if one is established, for as long as required by the Contract and as each party deems necessary for its own purposes.

f. If a receiving party receives an obviously corrupted, damaged, or unreadable Electronic Document, the receiving party will advise the sending party of the incomplete transmission.

g. The parties will bring any non-conforming Electronic Documents into compliance with the EDP.

The parties will attempt to complete a successful transmission of the Electronic Document or use an alternative delivery method to complete the communication.

h. The Owner or Engineer will operate a Project information management system (also referred to in this EDP as “Project Website”) for use of Owner, Engineer and Contractor during the Project for exchange and storage of Project-related communications and information. Except as otherwise provided in this EDP or the General Conditions, use of the Project Website by the parties as described in this Paragraph will be mandatory for exchange of Project documents, communications, submittals, and other Project-related information. The following conditions and standards will govern use of the Project Website:

1) Describe the period of time during which the Project Website will be operated and be available for reliance by the parties;

2) Provide any minimum system infrastructure, software licensing and security standards for access to and use of the Project Web site;

3) Describe the types and extent of services to be provided at the Project Website (such as large file transfer, email, communication, and document archives, etc.); and

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4) Include any other Project Website attributes that may be pertinent to Contractor’s use of the facility and pricing of such use.

C. Software Requirements for Electronic Document Exchange; Limitations

1. Each party will acquire the software and software licenses necessary to create and transmit Electronic Documents and to read and to use any Electronic Documents received from the other party (and if relevant from third parties), using the software formats required in this section of the

EDP.

a. Prior to using any updated version of the software required in this section for sending Electronic Documents to the other party, the originating party will first notify and receive concurrence from the other party for use of the updated version or adjust its transmission to comply with this EDP.

2. The parties agree not to intentionally edit, reverse engineer, decrypt, remove security or encryption features, or convert to another format for modification purposes any Electronic Document or information contained therein that was transmitted in a software data format, including Portable Document Format (PDF), intended by sender not to be modified, unless the receiving party obtains the permission of the sending party or is citing or quoting excerpts of the Electronic Document for Project purposes.

3. Software and data formats for exchange of Electronic Documents will conform to the requirements set forth in Exhibit A to this EDP, including software versions, if listed.

SC-2.06 Supplement Paragraph 2.06 of the General Conditions by adding the following paragraph:

D. Requests by Contractor for Electronic Documents in Other Formats

1. Release of any Electronic Document versions of the Project documents in formats other than those identified in the Electronic Documents Protocol (if any) or elsewhere in the Contract will be at the sole discretion of the Owner.

2. To extent determined by Owner, in its sole discretion, to be prudent and necessary, release of Electronic Documents versions of Project documents and other Project information requested by Contractor (“Request”) in formats other than those identified in the Electronic Documents Protocol (if any) or elsewhere in the Contract will be subject to the provisions of the Owner’s response to the Request, and to the following conditions to which Contractor agrees:

a. The content included in the Electronic Documents created by Engineer and covered by the Request was prepared by Engineer as an internal working document for Engineer’s purposes solely and is being provided to Contractor on an “AS IS” basis without any warranties of any kind, including, but not limited to any implied warranties of fitness for any purpose. As such, Contractor is advised and acknowledges that the content may not be suitable for Contractor’s application or may require substantial modification and independent verification by Contractor. The content may include limited resolution of models, not-to-scale schematic representations and symbols, use of notes to convey design concepts in lieu of accurate graphics, approximations, graphical simplifications, undocumented intermediate revisions, and other devices that may affect subsequent reuse.

b. Electronic Documents containing text, graphics, metadata, or other types of data that are provided by Engineer to Contractor under the request are only for convenience of Contractor.

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Any conclusion or information obtained or derived from such data will be at the Contractor’s sole risk and the Contractor waives any claims against Engineer or Owner arising from use of data in Electronic Documents covered by the Request.

c. Contractor shall indemnify and hold harmless Owner and Engineer and their subconsultants from all claims, damages, losses, and expenses, including attorneys' fees and defense costs arising out of or resulting from Contractor’s use, adaptation, or distribution of any Electronic Documents provided under the Request.

d. Contractor agrees not to sell, copy, transfer, forward, give away or otherwise distribute this information (in source or modified file format) to any third party without the direct written authorization of Engineer, unless such distribution is specifically identified in the Request and is limited to Contractor’s subcontractors. Contractor warrants that subsequent use by Contractor’s subcontractors complies with all terms of the Contract Documents and Owner’s response to Request.

3. If Owner elects to provide or directs the Engineer to provide to Contractor any Contractor-requested Electronic Document versions of Project information that is not explicitly identified in the Contract Documents as being available to Contractor, the Owner shall be reimbursed by Contractor at a fee of $100 per request for any engineering/administrative costs necessary to create or otherwise prepare the data in a manner deemed appropriate by Engineer.

ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

SC-3.01 Delete Paragraph 3.01.C in its entirety.

SC-3.01 Insert the words “Owner or” before Engineer in Paragraph 3.01 E.

SC-3.01 Add the following new paragraphs immediately after 3.01.G.

H. Sections of Division 01, General Requirements, govern the execution of the Work of all sections of the Specifications.

I. The Contractor has thoroughly reviewed: 1. the Specifications, Drawings, and all other Contract Documents; 2. the Site; all surface and subsurface conditions which might have an effect on the Work;

and 3. such other information about the Project and the Work as the Contractor deems necessary.

Having made such reviews, subject only to the delays caused by Owner, the Contractor shall deliver a fully completed Project at the Contract Price which is fully functional and ready for use by Owner within the Contract Time.

J. Dimensions and other details shown on the Drawings suitable or unsuitable for a particular manufacturer are not to be construed as being restrictive. Any substitute material and/or equipment so offered for approval must be accompanied by complete and detailed specifications, data sheets, and performance record with fully dimensioned drawings. Owner’s decision concerning compliance with specifications will be final.

K. Neither party, nor its respective counsel, shall be deemed the drafter of the Agreement, and all provisions of the Agreement shall be construed in accordance with the fair meaning, and not strictly construed for or against either party.

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3.03 Reporting and Resolving Discrepancies

SC-3.03 Add the following language at the end of the first sentence of paragraph 3.03.A.3.

The aforementioned notwithstanding, Contractor shall be solely responsible for coordination of all figures, dimensions, elevations, etc., required to properly install the Work and interface with all new and existing components of the Work.

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

SC 4.01.A Delete Paragraph 4.01.A in its entirety and replace with the following

The Contract Times will commence to run on the date indicated in the Notice to Proceed.

4.03 Reference Points

SC-4.03. Replace the word “Engineer” with “Owner” throughout the entirety of Paragraph 4.03.A.

4.05 Delays in Contractor’s Progress

SC-4.05 Amend Paragraph 4.05.C by adding the following subparagraphs:

5. Weather-Related Delays

a. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: 1) that weather conditions were abnormal for the period of time in which the delay occurred, 2) that such weather conditions could not have been reasonably anticipated, and 3) that such weather conditions had an adverse effect on the Work as scheduled.

b. The existence of abnormal weather conditions will be determined on a month-by-month basis in accordance with the following:

1) Every workday on which one or more of the following conditions exist will be considered a “bad weather day”:

i) Total precipitation (as rain equivalent) occurring between 7:00 p.m. on the preceding day (regardless of whether such preceding day is a workday) through 7:00 p.m. on the workday in question equals or exceeds 0.03 inch of precipitation (as rain equivalent, based on the snow/rain conversion indicated in the table entitled Foreseeable Bad Weather Days; such table is hereby incorporated in this SC-4.05.C by reference.

ii) Ambient outdoor air temperature at 11:00 a.m. is equal to or less than the following low temperature threshold: 32 degrees Fahrenheit; or, at 3:00 p.m. the ambient outdoor temperature is equal to or greater than the following high temperature threshold: 100 degrees Fahrenheit.

2) Determination of actual bad weather days during performance of the Work will be based on the weather records measured and recorded by National Weather Service, McGhee Tyson AP.

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3) Contractor shall anticipate the number of foreseeable bad weather days per month indicated in Exhibit B—Foreseeable Bad Weather Days.

4) In each month, every bad weather day exceeding the number of foreseeable bad weather days established in the table in 4.05.b.3) will be considered as “abnormal weather conditions.” The existence of abnormal weather conditions will not relieve Contractor of the obligation to demonstrate and document that delays caused by abnormal weather are specific to the planned work activities or that such activities thus delayed were on Contractor’s then-current Progress Schedule’s critical path for the Project.

ARTICLE 5—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

SC-5.01 In Paragraph 5.01.A after “restrictions” in the first line, add the words “known to Owner and”.

5.03 Subsurface and Physical Conditions

SC-5.03. Delete Paragraphs 5.03.A and 5.03.B in their entirety and insert the following in their place:

A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site are known to Owner.

SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.D:

E. The following table lists the reports prepared by or for Owner of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely:

Report Title Date of Report Technical Data

F. The following table lists the drawings of existing physical conditions at or adjacent to the Site prepared by or for Owner, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely:

Drawings Title Date of Drawings Technical Data

G. Contractor may examine copies of reports and drawings identified in SC-5.03.E and SC-5.03.F that were not included with the Bidding Documents at KUB Hoskins Operations Center, 4505 Middlebrook Pike, Knoxville TN 37921 during regular business hours, or may request copies from Engineer.

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5.04 Differing Subsurface or Physical Conditions

SC-5.04 Delete Paragraphs A, B, C, D, and E in their entirety and replace with the following:

A. It is each Contractor’s responsibility to ascertain all subsurface and physical conditions affecting the Work. No adjustment in Contract Price or Time shall be awarded in connection with such subsurface and physical conditions at the site.

5.06 Hazardous Environmental Conditions at Site

SC-5.06. Delete Paragraph 5.06.A and Paragraph 5.06.B in their entirety and insert the following in their place:

B. No reports or drawings related to Hazardous Environmental Conditions are known to Owner.

SC-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3:

4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely:

Report Title Date of Report Technical Data

5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely:

Drawings Title Date of Drawings Technical Data

SC-506. Delete 5.06.I in its entirety.

ARTICLE 6—BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.A:

1. Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of Owner’s Document 00 61 13.13.

2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of Owner’s Document 00 61 13.16.

SC-6.01 Add the following sentence at the end of Paragraph 6.01.D:

Bonds of Surety must be approved by Owner.

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6.02 Insurance – General Provisions

SC-6.02 Amend Paragraphs 6.02.A, 6.02.B, 6.02.C and 6.02.H by striking out the following words: “the Supplementary Conditions.” and replacing with “Document 00 73 16 Insurance Requirements.”

SC-6.02 Delete Paragraphs 6.02 E in its entirety and replace with the following:

E. Upon request by Contractor, Owner will deliver to Contractor certificates of insurance required of Owner under this Contract. In any documentation furnished under this provision, Owner may block out (redact)

(1) Confidential premiums or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to the Contract.

SC-6.02 Delete Paragraph 6.02.N in its entirety and substitute the following:

N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that coverage afforded will not be canceled, materially changed, or renewal refused, until at least thirty (30) days prior written notice has been given to the Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued. Any “endeavor to” language will be deleted from the required insurance certificates.

SC-6.02 Add the following new paragraph immediately after Paragraph 6.02 N

O. Nothing herein shall be construed to alter the rights and protections provided by the Tennessee Governmental Tort Liability Act as it may be amended from time to time.

6.03 Contractor’s Insurance

SC-6.03 Amend Paragraph 6.03.A and 6.03.C.1 by striking out the following words: “the Supplementary Conditions.” and replacing with “Document 00 73 16 Insurance Requirements.”

6.04 Builder’s Risk and Other Property Insurance

SC-6.04 Amend Paragraph 6.04.A by striking out the following words “the Supplementary Conditions.” and replacing with “Document 00 73 16 Insurance Requirements.”

SC-6.04 Delete Paragraphs 6.04 B, 6.04 C, and 6.04 D in their entirety.

6.05 Property Losses; Subrogation

SC-6.05 Amend Paragraphs 6.05.A, 6.05.A.1, and 6.05.D by striking out the following words: “the Supplementary Conditions.” and replacing with “Document 00 73 16 Insurance Requirements.”

SC-6.05 Delete subparagraphs 6.05B and 6.05.B.1 in their entirety.

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

7.03 Labor; Working Hours

SC-7.03 Add the following new subparagraphs immediately after Paragraph 7.03.A:

1. Contractor shall always provide a sufficient and fully qualified staff and appropriate field equipment necessary to perform the Work as required by the Contract Documents. All Contractor employees are to be fully qualified and trained on procedures, techniques, communicative skills, and record keeping required to perform the Work prior to beginning work on Owner’s system. Owner may request that Contractor submit satisfactory documentation related to the training, certification, 00 73 13 - 12 REVISED 05/01/25 ongoing drug and alcohol testing program, and legal status (if applicable) of its employees and shall make documentation available to Owner for review upon request as well as all training completed by each employee used in furtherance of the Work prior to beginning work on Owner’s system.

Owner shall not be billed for any employee training. Contractor shall promptly remove employees from the Work site who violate Contractor’s drug and alcohol testing program.

2. Contractor’s personnel may be in contact with the public and therefore shall display appropriate professional appearance and demeanor. Each of the Contractor’s personnel will have a name badge or other recognizable insignia visibly displayed on their person. The Contractor agrees to take appropriate corrective action in any situation where their employee does not display professionalism or courtesy during interaction with the public, governmental authorities, other contractors, Owner’s personnel, etc. Owner reserves the right to require the Contractor to cease the use of persons for performance under this Contract who in the opinion of the Owner are not professional or courteous in their contact with the public or doesn’t demonstrate proficiency in performing the Work.

SC-7.03 Amend Paragraph 7.03.C by striking out the following words “which will not be unreasonably withheld.”

SC-7.03 Add the following new subparagraphs immediately after Paragraph 7.03.C:

1. Regular working hours will be 9AM to 3PM.

2. Owner's legal holidays are:

New Year’s Day 2025 Wednesday, January 1, 2025

Martin Luther King, Jr. Day Monday, January 20, 2025

Memorial Day Monday, May 26, 2025

Juneteenth Thursday, June 19, 2025

Independence Day Friday, July 4, 2025

Labor Day Monday, September 1, 2025

Veterans Day Tuesday, November 11, 2025

Thanksgiving Holidays Thursday, November 27, 2025

Friday, November 28, 2025

Christmas Holidays Wednesday, December 24, 2025

Thursday, December 25, 2025

New Year’s Day 2026 Thursday, January 1, 2026

If required, the schedule for future holidays will be provided by Owner when it is available.

SC-7.03 Amend the first and second sentences of Paragraph 7.03.C to state “…all Work at the Site must be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday.”

SC-7.03 Add the following new paragraph immediately after Paragraph 7.03.C:

D. Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer’s services (including those of the Resident Project Representative, if any), Owner's

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representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular workday. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15.

7.05 “Or Equals”

SC-7.05. Replaced the word “Engineer” with “Owner” in Paragraph 7.05.A.

SC-7.05. Replaced the word “Engineer” with “Owner” in Paragraph 7.05.A.1.

7.06 Substitutes

SC-7.06. Add the phrase “through Owner” after the word Engineer in Paragraph 7.06.A.

7.07 Concerning Subcontractors and Suppliers

7.08 Patent Fees and Royalties

SC-7.08. Delete Paragraph 7.08 B in its entirety.

7.10 – Taxes

SC-7.10 Delete the term Taxes from the title of the Article and replace it with the following:

SC-7.10 Taxes, Fees, Duties, and Tariffs

SC-7.10 Delete Paragraph 7.10 A in its entirety and replace with the following:

A. Contracts shall pay all taxes, fees, duties, and tariffs, including, but not limited to, sales, consumer, use, and other similar taxes, that exist at the time of contracting or that may arise at any time thereafter and that are related to the Work or materials used therein as imposed by Federal, State, and local laws and regulations.

SC-7.10 Add a new paragraph immediately after Paragraph 7.10A:

B. Owner is exempt from payment of sales and compensating use taxes in accordance with the laws of the State of Tennessee and of cities and counties thereof on all materials to be incorporated int the Work. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work.

7.11 Laws and Regulations

SC-7.11 Delete the first sentence of paragraph 7.11C and replace with the following:

“Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor’ Bid (or after the date when Contractor became bound under a negotiated contract) in Law and Regulations having an effect on the cost or time of performance of the Work, including but limited to changes in Laws or Regulations having an effect on procuring permits or on fees, duties, tariffs, and taxes, including , but not limited to, sales, use, value-added, consumption, and other similar taxes, that exist at the time of contracting or that may arise at any time thereafter and that are related to the Work or materials used therein a imposed by Federal, State, and local laws and regulations.”

7.13 Safety and Protection

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SC-7.13 Insert the following after the second sentence of Paragraph 7.13.G:

At a minimum Contractor shall comply with Specification Section 01 35 23, Owner Safety Requirements.

7.15 – Emergencies

SC-7.15. Replace the word “Engineer” with “Owner” throughout Paragraph 7.15.A.

7.17 Contractor’s General Warranty and Guarantee

SC-7.17 Insert the following subparagraphs after Paragraph 7.17.A:

1. In addition to all other rights and remedies available to Owner under the law and the Contract Documents, the Contractor agrees to provide a one (1) year warranty for all labor, materials, equipment, workmanship, and restorations. The warranty period will begin at Substantial Completion of the Work as determined by the Owner. Contractor agrees it is the Contractor’s financial responsibility to repair all damages to public and private property, which result from their performance of the Work.

2. Whenever feasible repairs to inhabited building and structures will be performed within twenty-four (24) hours of notification from the Owner or the property owner. If the Contractor fails to perform repairs in a timely manner as determined by Owner, the Owner will complete said repairs and invoice the Contractor for costs associated with said repairs.

ARTICLE 8—OTHER WORK AT THE SITE

8.01 Other Work

SC-8.01. Replace the word “Engineer” with the word “Owner” in Paragraph 8.01 D.

ARTICLE 9—OWNER’S RESPONSIBILITIES

9.13 Owner’s Site Representative

9.13 Owner will furnish Project representation during the construction period. Owner will assume all duties, responsibilities, and limitations of authority specified for Engineer in Article 10, Engineer’s Status During Construction.

SC-9.13 Add the following new paragraph immediately after Paragraph 9.12 of the General Conditions:

9.13 Owner’s Site Representative

ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION

10.03 Resident Project Representative

SC-10.03 Add the following new subparagraph immediately after Paragraph 10.03.A:

1. On this Project, by agreement with the Owner, the Engineer will not furnish a Resident Project Representative to represent Engineer at the Site or assist Engineer in observing the progress and quality of the Work.

REVISED 05/01/25 00 73 13 - 15

SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.B:

C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor. RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of ContracThe RPR will:

1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof.

2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site.

3. Liaison

a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s onsite operations.

c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work.

4. Review of Work; Defective Work

a. Conduct onsite observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02 if the Work is in general proceeding in accordance with the Contract Documents.

b. Observe whether any Work in place appears to be defective.

c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection, or approval.

5. Inspections and Tests

a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work.

b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work.

6. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to the Owner, noting particularly the relationship of the payment requested to the schedule of values and Work completed. Contractor-supplied materials and equipment delivered at the Site but not incorporated in the Work shall remain Contractor’s responsibility.

7. Completion

00 73 13 - 16 REVISED 05/01/25

a. Participate in Engineer’s visits regarding Substantial Completion.

b. Assist in the preparation of a punch list of items to be completed or corrected and submit said list to the Contractor.

c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work and prepare a final punch list of items to be completed or corrected by Contractor.

d. Observe whether items on the final punch list have been completed or corrected.

D. The RPR will not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers.

4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction.

5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.

7. Authorize Owner to occupy the Project in whole or in part.

ARTICLE 11—CHANGES TO THE CONTRACT

11.09 Change Proposals

SC-11.09 Replace the word “Engineer” with “Owner” throughout Paragraph 11.09A.

SC-11.09 Replace the word “Engineer” with “Owner” in Paragraph 11.09.B.1.

ARTICLE 12—CLAIMS

No suggested Supplementary Conditions in this Article.

ARTICLE 13—COST OF WORK; ALLOWANCES, UNIT PRICE WORK

13.01 Cost of the Work

SC-13.01 Supplement Paragraph 13.01.B.5.c.(2) by adding the following sentence:

The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of Rental Rate Blue Book for Construction Equipment.

REVISED 05/01/25 00 73 13 - 17

SC-13.01 Replace Paragraph 13.01.B.5.d with the following:

d. Any and all fees, duties, tariffs, and taxes, including, but not limited to, sales, consumer, user, and other similar taxes, that exist at the time of contracting or that may arise at any time thereafter and that are related to the Work or materials used therein as imposed by Federal, State, and local laws and regulations.

SC-13.01 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools:

a. For purposes of this paragraph, “small tools and hand tools” means any tool or equipment whose current price if it were purchased new at retail would be less than $1000.

13.03 Unit Price Work

SC-13.03 Delete Paragraph 13.03.E in its entirety.

ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK

No suggested Supplementary Conditions in this Article.

ARTICLE 15—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD

15.01 Progress Payments

SC-15.01 Amend Paragraph 15.01.A by striking out the word “Engineer” and replace with the word “Owner”.

SC-15.01 Amend Paragraph 15.01.D by striking out the word “Ten” and replace with the word “Thirty”.

SC-15.01 Add the following new Paragraph 15.01.F:

F. For contracts in which the Contract Price is based on the Cost of Work, if Owner determines that progress payments made to date substantially exceed the actual progress of the Work (as measured by reference to the Schedule of Values), or present a potential conflict with the Guaranteed Maximum Price, then Owner may require that Contractor prepare and submit a plan for the remaining anticipated Applications for Payment that will bring payments and progress into closer alignment and take into account the Guaranteed Maximum Price (if any), through reductions in billings, increases in retainage, or other equitable measures. Owner will review the plan, discuss any necessary modifications, and implement the plan as modified for all remaining Applications for Payment.

15.03 Substantial Completion

SC-15.03 Add the following new subparagraph to Paragraph 15.03.B:

1. If some or all the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15.

SC-15.09 Add the following new paragraph immediately after Paragraph 15.08

15.09. Right to Audit

00 73 13 - 18 REVISED 05/01/25

A. The Owner reserves the right to review, on demand and without notice, all records associated with the Contract of which payments are based to include, but not limited to: accounting records, salaries, records of time, material invoices, subcontractor invoices, other records of actual expenses incurred, computer hard drives, tape back-ups and other storage devices, and official correspondence related to the Contract. Records subject to audit may also include those records necessary to evaluate and verify direct and indirect costs (including but not limited to overhead allocations) as they may apply to costs associated with the Work. To substantiate all Applications for Payment amounts, Contractor shall maintain such records in accordance with generally accepted accounting principles and practices for five

(5) years following the final payment made under this Contract or all pending matters or closed, whichever is later. Owner or its designee may examine the records during normal business hours for the purpose of conducting audits and examinations and making copies, excerpts and transcripts to the extent required to verify the cost incurred for the completion of the Work.

ARTICLE 16—SUSPENSION OF WORK AND TERMINATION

No suggested Supplementary Conditions in this Article.

ARTICLE 17—FINAL RESOLUTIONS OF DISPUTES.

No suggested Supplementary Conditions in this Article.

ARTICLE 18—MISCELLANEOUS

No suggested Supplementary Conditions in this Article.

ATTACHMENTS

EXHIBIT A—SOFTWARE REQUIREMENTS FOR ELECTRONIC DOCUMENT EXCAHNGE

EXHIBIT B—FORESEEABLE BAD WEATHER DAYS

END OF DOCUMENT

REVISED 05/01/25 00 73 13 EXHIBIT A - 1

EXHIBIT A—SOFTWARE REQUIREMENTS FOR ELECTRONIC DOCUMENT EXCAHNGE

Item Electronic Documents Transmittal Means

Data Format

Note (1) a.1 General communications, transmittal covers, meeting notices and responses to general information requests for which there is no specific prescribed form.

Email Email a.2 Meeting agendas, meeting minutes, RFI’s and responses to RFI’s, and Contract forms.

Email w/ Attachment

PDF (2)

a.3 Contactors Submittals (Shop Drawings, “or equal” requests, substitution requests, documentation accompanying Sample submittals and other submittals) to Owner and Engineer, and Owner’s and Engineer’s responses to Contractor’s Submittals, Shop Drawings, correspondence, and Applications for Payment.

Email w/ Attachment

PDF

a.4 Correspondence; milestone and final version Submittals of reports, layouts, Drawings, maps, calculations and spreadsheets, Specifications, Drawings and other Submittals from Contractor to Owner or Engineer and for responses from Engineer and Owner to Contractor regarding Submittals.

Email w/ Attachment or LFE

PDF

a.5 Layouts and drawings to be submitted to Owner for future use and modification.

Email w/ Attachment or LFE

DWG

a.6 Correspondence, reports and Specifications to be submitted to Owner for future word processing use and modification.

Email w/ Attachment or LFE

DOC

a.7 Spreadsheets and data to be submitted to Owner for future data processing use and modification.

Email w/ Attachment or LFE

EXC

a.8 Database files and data to be submitted to Owner for future data processing use and modification.

Email w/ Attachment or LFE

DB

Notes

(1) All exchanges and uses of transmitted data are subject to the appropriate provisions of Contract Documents.

(2) Transmittal of written notices is governed by Paragraph 18.01 of the General Conditions.

Key

Email Standard Email formats (.htm, .rtf, or .txt). Do not use stationery formatting or other features that impair legibility of content on screen or in printed copies

LFE Agreed upon Large File Exchange method (FTP, CD, DVD, hard drive)

PDF Portable Document Format readable by Adobe® Acrobat Reader. Owner will use Adobe Acrobat Pro Version 2023.001.20174 to open file.

DWG Autodesk® AutoCAD .dwg format Version 2018

DOC Microsoft® Word .docx format Version 2007 or later

EXC Microsoft® Excel .xls or .xml format Version 2007 or later

DB Microsoft® Access .mdb format Version 2007 or later

REVISED 05/01/25 00 73 13 EXHIBIT B - 1

EXHIBIT B—FORESEEABLE BAD WEATHER DAYS

Month

Number of Foreseeable Bad Weather Days in Month

Based on Precipitation as Rain Equivalent (inches)*

Ambient Outdoor Air Temperature (degrees F) Number of Foreseeable Bad

Weather Days in Month Based on Low Temperature

(at 11:00 a.m.)

Number of Foreseeable Bad Weather Days in Month

Based on High Temperature (at 3:00 p.m.)

January 10 4 0 February 9 1 0 March 12 0 0 April 9 0 0 May 10 0 0 June 10 0 0 July 9 0 0 August 7 0 0 September 7 0 0 October 6 0 0 November 9 1 0 December 10 2 0 *Two inches of sleet equal one inch of rain. Five inches of wet, heavy snow equal one inch of rain. Fifteen inches of “dry” powder snow equals one inch of rain.