Special Provisions.pdf

July 7, 2023

DEPARTMENT OF PUBLIC WORKS

CITY OF SANDY SPRINGS

SPECIAL PROVISION

Project: Roswell Road U-Turn

Improvements

FULTON COUNTY

Section 108 – Prosecution and Progress

Retain GDOT Section 108 as written and revise per the following:

108.01 Subletting of Contract

Delete the second paragraph from Subsection 108.01 and substitute the following: In case such consent is given, the Contractor will be permitted to sublet a portion thereof, but shall perform, with his/her own organization, work amounting to not less than fifty-one percent (51%) of the total Contract cost, including materials, equipment, and labor.

Delete the fourth paragraph from Subsection 108.01 and substitute the following Purchase of materials by the Prime Contractor for use by a Subcontractor will not be allowed when computing the 51% requirement.

Delete the fifth paragraph from Subsection 108.01 and substitute the following:

No Subcontracts, or transfer of Contract, shall in any case release the Prime Contractor of his/her liability under the Contract and Bonds. No Subcontractor shall commence work in advance of the written approval of the Subcontract by the Department. Except for certain items exempted by the State Transportation Board, each Subcontractor shall be prequalified or registered with the Department. Each Subcontract for a Registered Subcontractor shall not exceed $1,000,000.00 and Subcontracts for Prequalified Contractors shall not exceed their current capacity. Prequalified or Registered Subcontractors shall be qualified or registered with the Department in accordance with Chapter 672-5 of the Rules and Regulations Governing the Prequalification of Prospective Bidders adopted by the State Transportation Board.

Delete Subsection 108.06 and substitute the following:

108.06 Temporary Suspension of Work

The Engineer has the authority to suspend the Work wholly or in part, for as long as he may deem necessary, because of unsuitable weather, or other conditions considered unfavorable for continuing the Work, or for as long as he may deem necessary by reason of failure of the Contractor to carry out orders given, or to comply with any provisions of the Contract. If the performance of all or any portion of the Work is suspended or delayed by the Engineer, in writing, for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the

Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer, in writing, a request for adjustment within 7 calendar days of receipt of the notice to resume work.

The request shall set forth the reasons and support for such adjustment.

Upon receipt, the Engineer will evaluate the Contractor’s request. If the Engineer agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of, and not the fault of, the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Engineer will notify the Contractor of his/her determination whether or not an adjustment of the Contract is warranted.

No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this Contract.

108.08 Failure or Delay in Completing Work on Time

Paragraph 1 of 108.08 shall be amended as follows:

Time is an essential element of the Contract, and any delay in the prosecution of The Work may inconvenience the public, obstruct traffic, or interfere with business. In addition to the aforementioned inconveniences, any delay in completion of The Work will always increase the cost of engineering. For this reason, it is important that The Work be pressed vigorously to completion. Should the Contractor or, in case of default, the Surety fail to complete The Work within the time stipulated in the Contract or within such extra time that may be allowed, charges shall be assessed against any money due or that may become due the Contractor at the rate of $500 per calendar day.

To minimize the disruption of normal traffic flow, separate completion times are specified for those portions of the work that require closing of lanes as specified in Subsection 150.09.

Failure to reopen the lanes as specified in Subsection 150.09 will result in the assessment of liquidated damages at the rate of $1,000.00 per Calendar Day.

When provided notice from the City, failure to maintain or establish traffic control devices and layout as specified in Subsection 150.09 will result in the assessment of liquidated damages at the rate of $500.00 per Calendar Day.

Failure to provide temporary vehicular accessibility to driveway within the same day, (24-hour period) shall result in the assessment of liquidated damages at the rate of $2,000.00 per day.

These rates are cumulative and in addition to the Liquidated Damages which may be assessed in accordance with the contract for failure to complete the overall project on time.

In the event any portion of a Subcontract is further sublet, all of the provisions governing subletting, including registration and written approval by the Engineer, shall apply.

This Sub-Section shall not apply to Contracts between the City and counties, other municipalities, or State agencies.

Section 108.08 A shall be amended as follows:

The amount of such charges is hereby agreed upon as fixed liquidated damages due the Department after the expiration of the time for completion specified in the Contract.

The Contractor and his Surety shall be liable for liquidated damages in excess of the amount due the Contractor on the final payment. These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the Department and the Contractor due the uncertainty and impossibility of making a determination as to the actual and consequential damages which are incurred by the Department, the State, and the general public as a result of the failure on the part of the Contractor to complete The Work on time.

1. Deduction From Partial Payments: Liquidated damages, as they accrue, will be deducted from periodic partial payments.

2. Deduction From Final Payment: The full amount of liquidated damages will be deducted from final payment to the Contractor and/or his Surety.

3. No Liquidated Damages Charged for Delay by the Department: In case of default of the Contract and the subsequent completion of The Work by the Department as hereinafter provided, the Contractor and his Surety shall be liable for the liquidated damages under the Contract, but no liquidated damages shall be chargeable for any delay in the final completion of The Work by the Department due to any unreasonable action, negligence, omission, or delay of the Department. In any suit for the collection of or involving the assessment of liquidated damages, the reasonableness of the amount shall be presumed. The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under the Contract.

Project: Roswell Road U-Turn Improvements

Section 150 – Traffic Control

Retain GDOT Section 150 as written and add the following:

150.2 SPECIAL CONDITIONS:

A. Work Hours:

This project requires the following restricted work hours: Work will be permitted during weekdays (Monday through Friday) between the hours of 8:00 AM and 5:00 PM. Lane closures, on-site detours, pacing of traffic and other activity that visibly interfere with traffic will only be permitted from 9:00 AM to 4:00 PM along Spalding Drive and Pitts Road.

B. Traffic Control Plan:

A traffic control plan shall be submitted two (2) weeks prior to any work for review and approval by the Owner representative.

C. Holiday Work:

In addition, at the discretion of the Engineer and/or City personnel, no lane closures, detours, or pacing of traffic will be allowed between the hours of 5:00 AM and 10:00 PM from the day preceding any National Holiday through the first workday after the Holiday.

Veteran’s Day November 11, 2024

Thanksgiving Day November 27, 2024 – December 1, 2024

Christmas Day December 23, 2024 – December 29, 2024

New Year’s Day 2025 December 30, 2024 – January 1, 2025

Martin Luther King, Jr. Day January 18, 2025 – January 20, 2025 (weekend)

President’s Day February 15, 2025 – February 17, 2025 (weekend)

Memorial Day May 23, 2025 – May 26, 2025 (weekend)

D. Maintenance of Traffic:

The Contractor is required to maintain a minimum of a single lane of traffic throughout the construction project. Temporary closures within a single work day and/or flagging will be allowed only with prior approval of City of Sandy Springs.

A minimum 48-hour notice is required for a request for closure. A minimum of a single lane of traffic adequate for emergency services is required to be maintained always when the Contractor is not actively working on site. All traffic control shall conform to GDOT Standard Specification 150 and the MUTCD.

E. Maintaining Traffic Signals:

The Contractor shall maintain interconnect to the traffic signals at all times.

Failure to maintain interconnect to the traffic signals will result in assessment of non-refundable deductions.

Project: Roswell Road U-Turn

Improvements

Section 700 – Grassing

Retain GDOT Section 700 as written and revise per the following:

Section 700.3.07 Contractor Warranty and Maintenance

E. Materials Warranty

1. Sod installation shall include a 2-year warranty.

Project: Roswell Road U- Turn Improvements

Section UC – Utility Conflicts

Utility companies having known facilities that conflict with the construction of this project have been directed by the City to adjust or relocate their facilities and will be notified of the contract award.

Conform to all the requirements of the Specifications as they relate to cooperation with utility owners and the protection of utility installations that exist on the project. Refer to the requirements of Section 107, Legal Regulations and Responsibility to the Public, with attention to Subsection 107.21.

Coordinate the Work with any work to be performed by others in any right of way clearance and arrange a schedule of operations that will allow for completion of the Project within the specified contract time. Where stage construction is required, notify the utility owner when each stage of work is completed, and the site is available for utility work to proceed.

Information concerning utility facilities known to exist within the project limits, including the list of owners, is shown on the plans.

Under Georgia Code Section 32-6-171, utilities are required to remove or relocate their facilities.

The Contractor is required to give the utility at least 60 days written notice directing the removal and relocation, and the utility is required to begin removal within a reasonable time thereafter.

Under agreements with the City, all local service telephone companies, all Electric Membership Cooperatives and certain other utilities, are liable for delays to construction that is due to the utility’s failure to clear conflicts within reasonable time.

In accordance with Subsection 105.06 of the Specifications, the City of Sandy Springs and the Georgia Department of Transportation will not liable for payment of any claims due to utility delays, inconvenience or damage sustained by the Contractor due to interference of any utilities or appurtenances, or the operation of moving them.