9-Section 007300 - SUPPLEMENTARY CONDITIONS - Addendum 1.pdf

6/1/2026

Construction Documents Set

Susquehanna County

Recreation Center Site Work

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DOCUMENT 007300 – SUPPLEMENTARY CONDITIONS

PART 1 - GENERAL

1.1 GENERAL

A. These Supplementary Conditions modify the General Conditions of the Contract for Construction (AIA A201–2017). Where a provision of these Supplementary Conditions conflicts with A201, these Supplementary Conditions shall govern.

1.2 SC-1. ARCHITECT’S ROLE (MODIFICATION OF §4.2)

A. The Architect shall serve as the Owner’s representative during construction and shall act as the Initial Decision Maker pursuant to §15.2.

B. The Architect’s review of submittals is for the limited purpose of checking for conformance with the design concept and information shown in the Contract Documents. Such review shall not relieve the Contractor of responsibility for deviations from the Contract Documents, errors or omissions, means and methods, or safety precautions.

C. The Architect shall not have control over or charge of construction means, methods, techniques, sequences, or procedures.

1.3 SC-2. EXISTING CONDITIONS

A. The Contractor acknowledges that the Project involves work in an existing structure.

The Contractor shall verify all field conditions prior to commencing work.

B. The Contractor shall promptly notify the Architect of any concealed, unknown, or differing site conditions. Failure to provide timely notice shall constitute a waiver of claim related to such condition.

C. No additional compensation shall be due for conditions that were reasonably discoverable by site inspection.

1.4 SC-3. CONCEALED CONDITIONS CLARIFICATION

A. Claims for concealed or unknown conditions must be submitted within five (5) calendar days of discovery and before the condition is disturbed.

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1.5 SC-4. SUBMITTALS

A. Submittals shall be submitted electronically unless otherwise approved.

B. The Architect shall review submittals within fourteen (14) calendar days of receipt, provided the submittal is complete and properly organized.

C. Incomplete submittals may be rejected without review.

1.6 SC-5. SCHEDULE REQUIREMENTS

A. Within ten (10) days of Notice to Proceed, Contractor shall submit a Construction Schedule, Submittal Schedule, and Schedule of Values.

B. Failure to maintain schedule may constitute cause for default.

1.7 SC-6. CHANGE ORDERS AND CLAIMS

A. Contractor shall not proceed with changed work without written authorization in the form of a Change Order or Construction Change Directive.

B. Claims for additional compensation must include detailed cost breakdowns, labor rates, material invoices, and time impact analysis. Failure to provide documentation shall result in rejection of claim.

1.8 SC-7. INDEMNIFICATION CLARIFICATION

A. Indemnification obligations shall not extend to the Architect for claims arising solely from the Architect’s negligent acts or omissions.

1.9 SC-8. INSURANCE REQUIREMENTS

A. Insurance Requirements:

1. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate

2. Automobile Liability: $1,000,000

3. Workers’ Compensation: Statutory limits

4. Umbrella Liability: $2,000,000

B. Owner and Architect shall be named as Additional Insureds. Certificates required prior to Notice to Proceed.

1.10 SC-9. CONSTRUCTION ADMINISTRATION CLARIFICATION

A. The Architect shall not be responsible for jobsite safety, temporary protection, vonbo Text Box

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construction supervision, or coordination of subcontractors.

B. Site visits are for general observation only and shall not constitute exhaustive inspection.

1.11 SC-10. PAYMENT APPLICATIONS

A. Applications for Payment shall include an updated Schedule of Values and required lien waivers.

B. Applications lacking required documentation may be returned without review.

1.12 SC-11. TERMINATION FOR CAUSE CLARIFICATION

A. Failure to maintain adequate manpower, schedule, insurance, or code compliance may constitute default.

1.13 ARTICLE 16 LIQUIDATED DAMAGES

A. Add Article 16.

B. § 16.1 The Owner and Contractor recognize that time is of the essence to this Contract and that a delay in achieving Substantial Completion or Final Completion is a breach and will cause damages to the Owner. Such damages include, but are not limited to, the following:

1. .1 delayed or diminished use of facility;

2. .2 inconvenience to facility users;

3. .3 increased inspection, oversight, and administrative costs to the Owner;

4. .4 diversion of the Owner's employees from other tasks and projects.;

5. .5 increased and extended project overhead;

6. .6 inefficiencies and loss of productivity;

C. § 16.2 The parties acknowledge that said damages are likely to occur but would be difficult to ascertain or determine, and that a legal proceeding to prove such damages would be time consuming and expensive. Therefore, in the event of delayed performance of the Work, the following amounts will be charged against the Contractor, as liquidated damages and not as a penalty:

1. .1 The amount of $1,000.00 per calendar day for Project for failing to meet the Substantial Completion Date for each Phase, calculated until Substantial Completion is achieved.

D. § 16.3 The above amounts for liquidated damages are separate and cumulative. They are calculated concurrently if Substantial Completion is not achieved until after the specified Final Completion Date. All parties agree that said liquidated damages are a reasonable estimate of the damages to the Owner caused by delayed performance vonbo Text Box

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and that they are not a penalty.

E. § 16.4 The Owner may withhold liquidated damages from any payment to Contractor.

Making final payment shall constitute a waiver of the Owner's right to liquidated damages not withheld unless the right to assess liquidated damages is specifically reserved in writing by the Owner. The Owner's entitlement to liquidated damages is specifically reserved in writing by Owner. The Owner's entitlement to liquidated damages shall not be considered a "Claim" subject to the time limitation for asserting Claims, but rather accrues automatically upon the Contractor's failure to meet the Substantial Completion Date and/or Final Completion Date.

F. § 16.5 Liquidated damages shall not be assessed for the Contractor's delayed performance if and to the extent the delay is due to acts or omissions of the Owner or Owner's Separate Contractors on the Project, or to other events beyond the Contactor's control. Provided, however, that the Contract provides a procedure by which the Contractor may make a Claim for an increase in the Contract Time, and it is Contractor's responsibility to follow the Claim procedure in a timely manner to obtain additional time to perform. Provided further, that failure by the Contractor to timely Claim and obtain additional time under said Contract procedure constitutes a waiver, in which case the Owner shall be entitled to liquidated damages for delayed performance without any need for the Owner to establish that the Contractor was responsible for the delay.

G. § 16.6 The Owner's entitlement to liquidated damages from Contractor shall be governed by these liquidated damages provision and shall not be affected by or offset by the Owner's assessment of liquidated damages against any other contractor.

H. § 16.7 The parties acknowledge that these liquidated damages provisions are not intended to apply to all additional costs incurred by Owner because of breach or delay.

Specifically, these liquidated damages provisions do not apply to additional costs incurred by Owner for correction of defective work or completion of the Contract;

additional legal, design professional and construction management costs resulting from breach or delay; and any claims by Owner's Separate Contractors resulting from breach or delay. Such damages, losses, and expenses are likely to be ascertainable in the event of a breach and are thus outside the scope of these liquidated damages provisions. The parties agree that the Owner's right to recover liquidated damages for delay is in addition to, and not in lieu of recovery of, such ascertainable items of damages.

I. § 16.8 The Owner's right to liquidated damages shall not be affected or waived by the Owner's termination of the Contract upon material breach by the Contractor, or by the Owner permitting the Contractor to continue and finish the Work or any part thereof after expiration of specified completion dates.

PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used)

END OF DOCUMENT 007300

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