SUPP_CONDITIONS.docx

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Attached to
Stormwater Fast Track Project (Contract 1) State and local contract opportunity
Solicitation number
2025-ITB-087
Issued by
Lackawanna County, Mount Aetna CDP, Pennsylvania

About this file

This document is a Supplementary Conditions of the Construction Contract prepared by the Engineers Joint Contract Documents Committee (EJCDC) for a construction project, specifically related to the City of Scranton's Stormwater Fast Track Project (Contract 1). The supplementary conditions outline detailed administrative, procedural, and technical requirements for the project, including provisions for document exchange, communication protocols, working hours, insurance requirements, and specific contract interpretations. The document provides comprehensive guidance for contractors, defining regular working hours as 7:00 AM to 7:00 PM Monday through Friday, with Saturday work requiring owner authorization, and establishing a list of recognized legal holidays.

The contract includes specific provisions for electronic document exchange, establishing protocols for transmitting documents in various formats including PDF, DWG, DOC, and Excel, with detailed requirements for software versions and transmission methods. The project is funded through the American Rescue Plan Act (ARPA) and involves federal assistance, which mandates compliance with regulations such as the Davis-Bacon Act, Clean Air Act, and Buy USA provisions. Contractors must provide comprehensive documentation, including insurance certificates, affirmative action certifications, and proof of E-Verify Program enrollment. The contract includes specific bonding requirements, with a 5% bid bond and 100% performance and payment bonds, and establishes liquidated damages of $500 per day for delays in substantial or final completion. The total contract duration is set at 180 days for substantial completion and 210 days for final completion.

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Supplementary Conditions OF THE CONSTRUCTION CONTRACT Table of Contents Page

Article 1— Definitions and Terminology1
Article 2— Preliminary Matters1
Article 3— Contract Documents: Intent, Requirements, Reuse8
Article 4— Commencement and Progress of the Work9
Article 5— Site, Subsurface and Physical Conditions, Hazardoud Environmental Conditions11
Article 6— Bonds and Insurance15
Article 7— Contractor’s Responsibilities29
Article 8— Other Work at the Site32
Article 9— Owner’s Responsibilities32
Article 10— Engineer’s Status During Construction33
Article 11— Changes to the Contract35
Article 12— Claims36
Article 13— Cost of Work; Allowances, Unit Price Work36
Article 14— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work37
Article 15— Payments to Contractor, Set Offs; Completions; Correction Period37
Article 16— Suspension of Work and Termination39
Article 17— Final Resolutions of Disputes39
Article 18— Miscellaneous42
Exhibit A— Software Requirements for Electronic Document Exchange1
Exhibit B— Foreseeable Bad Weather Days1
Exhibit C— Geotechnical Baseline Report Supplement to the Supplementary Conditions1

EJCDC® C‑800, Supplementary Conditions of the Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 9 of 1 Supplementary Conditions OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement EJCDC® C‑700, Standard General Conditions of the Construction Contract (2018). 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.”

Definitions and Terminology No suggested Supplementary Conditions in this Article.

Preliminary Matters

2.01Delivery of Bonds and Evidence of Insurance
SC‑2.01Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place:
B.Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) of insurance required to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.
C.Evidence of Owner’s Insurance: After receipt from Contractor of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner in this Contract (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.
2.02Copies of Documents
SC‑2.02Amend the first sentence of Paragraph 2.02.A. to read as follows:

Owner shall furnish to Contractor THREE (3) printed copies of the Contract Documents (including one fully signed counterpart of the Agreement), and NONE in electronic portable document format (PDF).

SC‑2.06Delete 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
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 [number] 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) 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.
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‑2.06Supplement 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. 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.In the event that 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 on an hourly basis (at $[number] per hour) for any engineering costs necessary to create or otherwise prepare the data in a manner deemed appropriate by Engineer.

Contract Documents: Intent, Requirements, Reuse

3.01Intent
SC‑3.01Delete Paragraph 3.01.C in its entirety.

Commencement and Progress of the Work

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Site, Subsurface and Physical Conditions, Hazardous Environmental Conditions

5.03Subsurface and Physical Conditions
SC‑5.03Add the following new paragraphs immediately after Paragraph 5.03.D:
E.The following table lists the reports 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
NONE
N/A
NONE
F.The following table lists the drawings of existing physical conditions at or adjacent to the Site, 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
NONE
N/A
NONE
5.06Hazardous Environmental Conditions
SC‑5.06Add 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
NONE
N/A
NONE
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
NONE
N/A
NONE

Bonds and Insurance REFER TO CITY OF SCRANTON RFP, 3. GENERAL CONDITIONS, R. BID INSURANCE REQUIREMENTS.

Contractor’s Responsibilities

7.03Labor; Working Hours
SC‑7.03Add the following new subparagraphs immediately after Paragraph 7.03.C:

1. Regular working hours will be 0700 TO 1900 MONDAY THROUGH FRIDAY.

2. WORK ON SATURDAYS MUST BE AUTHORIZED BY OWNER.

3. Owner's legal holidays are NEW YEAR’S DAY, GOOD FRIDAY, EASTER MONDAY, MEMORIAL DAY, 4TH OF JULY (OR OBSERVED HOLIDAY IF HOLIDAY FALLS ON A SATURDAY OR SUNDAY), LABOR DAY, VETERAN’S DAY (OBSERVED), THANKSGIVING DAY AND CHRISTMAS DAY (OR OBSERVED HOLIDAY IF HOLIDAY FALLS ON A SATURDAY OR SUNDAY).

Other Work at the Site

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Owner’s Responsibilities

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Engineer’s Status During Construction

10.03Resident Project Representative
SC‑10.03Add 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 Contractor. The 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 on-Site 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 on-Site 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.
7.Completion
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.
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.
5Advise 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.

Changes to the Contract

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Claims

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Cost of Work; Allowances, Unit Price Work

13.03Unit Price Work
SC‑13.03Delete Paragraph 13.03.E in its entirety and insert the following in its place:
E.Adjustments in Unit Price
1.Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if:
a.the extended price of a particular item of Unit Price Work amounts to [number] percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than [number] percent from the estimated quantity of such item indicated in the Agreement; and
b.Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change.
2.The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor.
3.Adjusted unit prices will apply to all units of that item.

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

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Payments to Contractor, Set Offs; Completions; Correction Period

15.01Progress Payments
15.03Substantial Completion

Guidance Notes—Owner Recovery of Re-inspection Costs—Paragraph 15.03.A of the General Conditions requires Contractor to give notice that the Work is substantially complete; Paragraph 15.03.B requires an inspection of the Work to determine whether Engineer agrees that the Work is substantially complete. If the Work is not substantially complete, and must be inspected again at a later point, then the following Supplementary Condition, if included in the Contract, would allow Owner to recover the cost of the re-inspection.

SC‑15.03Add the following new subparagraph to Paragraph 15.03.B:
1.If some or all of 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.

Suspension of Work and Termination

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Final Resolutions of Disputes

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Miscellaneous

NO SUPPLEMENTARY CONDITIONS IN THIS ARTICLE.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page i of 10 Software Requirements for Electronic Document Exchange

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 Version [number] or later
DWG
Autodesk® AutoCAD .dwg format Version [number]
DOC
Microsoft® Word .docx format Version [number]
EXC
Microsoft® Excel .xls or .xml format Version [number]
DB
Microsoft® Access .mdb format Version [number]

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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