Common Problems in Developing Project Special Provisions

1. Common Problems in Developing Project Special Provisions Dale Deatherage, P.E. Senior Specifications Engineer Office of Project Letting

2. Topics • Project Specific Special Provisions • Items that Require LPIF • Compiling the Special Provisions Correctly • Fuel Escalation/Steel Escalation • Bid Items in the Bid Schedule • Warranty Language/DOJ Exemption • Writing Addenda • Using “Plain Language”

3. Project Specific Special Provisions • Adopted in Tech Bulletin TSB09-02(B) • Implementation • PS&E Delivery on or after 2/1/2010 • All Projects Bid and Awarded through Central Procurement • ODOT designs • Consultant Designs • OBDP • Local Agency projects • Not for Design Build Projects

4. Project Specific Special Provisions • What is the process • Technical Experts, Construction Project Managers, and Contract Admin Engineer are reviewing all special provision language that is not from the boilerplates or Unique Specifications • They are asked to concur with the project designer’s decision that the standard language does not apply

5. Project Specific Special Provisions • Conflict Resolution • Tech Center Managers will facilitate resolution when there is not a concurrence from the reviewers • Tech Center Managers need input from the reviewers on issues where there is not concurrence • Tech Center Managers will take a closer look at the risk in going forward with project specific special provisions

6. Project Specific Special Provisions • Summary Form • Form is to be filled in for all projects • Office of Project Letting will be compiling data from the forms to present to TLT at meetings every 3 months • Forms should help identify issues in development of special provisions and promote consistency in the contracts that ODOT produces

7. Items that Require Letter of Public Interest Finding • LPIF may be needed for one of several reasons • Proprietary or sole source equipment • Salvaging Material • State / Agency supplied material • State / Agency supplied equipment or labor • Contractor purchased equipment for State / Agency ownership • Separate contract for specialized work

8. Items that Require Letter of Public Interest Finding • A template for the LPIF outline is available on the OPL website • Following Issues must be Discussed for Approval of LPIF • Issue that requires an LPIF • Costs associated • Alternative if request not approved • Reason it is in the Public’s best interest • Method the item is procured

9. Compiling the Special Provisions Correctly • Using the Boilerplates • Boilerplates must be inserted into the document prior to turning on track changes • If the boilerplates are inserted with track changes already on, it is impossible to review the actual changes that have been made, which defeats the purpose of doing the work with track changes on

10. Track changes already on / Track changes turned on after

11. Compiling the Special Provisions Correctly • Making sure that the links to the table of contents are maintained • Don’t delete hidden codes • Don’t delete blank pages • Use insert to add information not copy and paste

12. Fuel Escalation/Steel Escalation • Work with John Riedl on any questions that you have in filling out the worksheets • If items qualify for fuel escalation, they all have to be included in the special provisions with the bid item name exactly as it appears in the bid schedule • Items for steel escalation have to match the cost basis that is in the worksheet • For PS&E submittal the steel escalation worksheet and the fuel escalation worksheet are required deliverables

13. Bid Items in the Bid Schedule • Bid Items need to be from the 2008 Standard Specifications Manual or else they have to be written in the Special Provisions • Name of the bid item has to match what is in the specifications • You can’t have a bid item and not have it shown in the specifications • You can’t have a bid item in the specifications and not have it shown in the bid schedule • When doing final check on the project estimate, check any 9Z9 items for a corresponding bid item in the special provisions

14. Warranty Language/DOJ Exemption • Warranty language that is used in the special provisions has to be reviewed and approved by DOJ • Warranty language that has not been approved by DOJ has to be removed from the special provisions prior to printing • When you sign the statement that you acknowledge compliance with the modified exemption, that means that you understand that all warranty language has to be approved first • Agency Risk: If DOJ doesn’t have confidence that we are monitoring this on every project, they will remove the exemption.

15. Writing Addenda • Make sure that you use the template from the website • Check that the header is in there correctly • Use the appropriate project title in the format from the template • If you are modifying a special provision that is not in the contract document, you have to include it by addenda before you can modify it

16. Writing Addenda • Consider sending a draft of proposed addendum language to the OPL QA Engineer for review • Regions need to have a quality control program for review of addenda, just like PS&E delivery has quality control • Make sure to include all addenda language in the final contract special provisions document

17. Using “Plain” Language • Plain Language in ODOT contracts is required by Oregon law • Use action verbs at the beginning of sentences • Chapter 2 in the Specification and Writing Style Manual has many examples on how specifications should be written

18. Using “Plain” Language • Examples – • Write so the specification speaks as of the time it is applied, not as of the time it is drafted. Say Do Not Say Name the new directory. You will need to name the new directory. • Using Action Verbs Say Do Not Say applies to is applicable to concerns is concerned with pay make payment recognize give recognition to

19. Questions? Comments?