KANSAS DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISION TO THE

STANDARD SPECIFICATIONS, 2007 EDITION

 

WORK SCHEDULE, SPECIFIED CALENDAR COMPLETION DATES; LIQUIDATED DAMAGES; INCENTIVE AWARD

 

I.  PROJECT DEFINED; NATURE OF PROJECT

 

The primary operation on Project No. 40-23 U 2041-01 is the reconstruction of intersection of North 2nd Street and US-40 in the City of Lawrence in Douglas County.

 

II.  CALENDAR COMPLETION DATE OF OCTOBER 18, 2008 FOR COMPLETION OF ALL WORK NECESSARY TO OPEN THE PROJECT TO UNRESTRICTED TRAFFIC; LIQUIDATED DAMAGES

 

A.  On or before OCTOBER 18, 2008, the Contractor shall complete all work necessary to open the project to unrestricted traffic as the Contract Documents require.

 

B. Liquidated Damages.  If the Contractor fails to complete all work necessary to open the project to unrestricted traffic on or before OCTOBER 18, 2008, the Contractor shall be liable for liquidated damages. Excluding Sundays and legal Holidays, the liquidated damages charged and owing shall be two thousand five hundred dollars ($2,500.00) per day for each calendar day, or part thereof that the project is not open to unrestricted traffic after OCTOBER 18, 2008.

 

C.  The Engineer may charge damages under both Section II.B and Section IV.B for failure to complete the work timely as required; however, if damages are assessed on the same day, the Engineer will not withhold more than $2,500.00 on that day. 

 

III. EARLY COMPLETION OF WORK; INCENTIVE AWARD

 

If the Contractor completes all work necessary to open the project to unrestricted traffic as the Contract Documents require including sodding, remaining, unfinished contract pay items, subsidiary items, incidental work, final cleanup, and final punch list, on or before SEPTEMBER 1, 2008, the Contractor is eligible for an incentive award of fifty thousand dollars ($50,000.00). After SEPTEMBER 1, 2008 the incentive award shall be at the rate of one thousand dollar ($1,000.00) for each day the work is complete including sodding, remaining, unfinished contract pay items, subsidiary items, incidental work, final cleanup, and final punch list and the project is open to unrestricted traffic before OCTOBER 18, 2008. The maximum incentive assessment under this provision is limited to thirty days, for a maximum incentive of thirty thousand dollars ($30,000.00).

 

IV.  CALENDAR COMPLETION DATE OF MARCH 21, 2009 FOR COMPLETION OF ALL WORK INCLUDING SODDING, CLEANUP; LIQUIDATED DAMAGES

 

A.  Subsection 108.4c of the Kansas Department of Transportation Standard Specifications for State Road and Bridge Construction (2007 Ed.) (Standard Specifications) does not apply to this Contract. Instead, the Contractor shall complete sodding, remaining, unfinished contract pay items, subsidiary items, incidental work, final cleanup, and final punch list on or before MARCH 21, 2009.

 

B.  Liquidated Damages. If all sodding, remaining, unfinished contract pay items, subsidiary items, incidental work, final cleanup, and final punch list is not completed on or before MARCH 21, 2009, the Contractor shall be liable for liquidated damages. Excluding Sundays and legal Holidays, the liquidated damages charged and owing shall be five hundred dollars ($500.00) per day for each calendar day, or part thereof that the project is not complete after MARCH 21, 2009.

 

C.  The liquidated damages charged in Section IV.B are in addition to the liquidated damages that may be charged under Section II.B; however, the Engineer will not withhold more than the $2,500.00 in damages on any one day. 

 

 

 

01-14-08 C&M (AR/EB)